HomeMy WebLinkAboutO-14349City of Miami
Ordinance 14349
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16789 Final Action Date: 12/12/2024
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") SPECIFICALLY BY AMENDING
ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES" TO
HARMONIZE THE PUBLIC NOTICE REQUIREMENTS FOR PLANNING AND
ZONING MATTERS TO THE LANGUAGE FOUND CHAPTER 62 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ARTICLE IV,
TITLED "PLANNING AND ZONING" / "NOTICE GENERALLY"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on October 16, 2024, at a duly noticed public meeting, the Planning, Zoning
and Appeals Board ("PZAB") considered the zoning text, item PZAB.10, and passed PZAB-R-
24-070, recommending approval with modifications, by a vote of ten to zero (10-0); and
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
No.13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("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; and
WHEREAS, the City wishes to ensure that property owners and the public are provided
increased awareness and access to the public hearing process; and
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, including changing and changed conditions that make the passage
of the proposed change necessary; and
WHEREAS, the City Commission approves the text amendment based on its
consideration as described herein and finds that it is in the best interest of the City and its
residents to amend the Miami 21 Code as stated herein;
NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI CITY COMMISSION 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 Page 1 of 6 File ID: 16789 (Revision: A) Printed On: 8/11/2025
File ID: 16789 Enactment Number: 14349
Section 2. Article 7 of the Miami 21 Code is hereby amended in the following
particulars:
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1 PROCEDURES
7.1.2 Permits
7.1.2.4 Warrant
The Warrant permits those Uses listed in Article 4, Table 3 of this Code as requiring a Warrant,
upon review by the Planning Director or with the additional review of the Coordinated Review
Committee.
a. Prior to submitting an application for a Warrant, the prospective applicant shall meet in a
information and guidance as to matters related to the proposed application.
a. 14. Required notice and hearing.
All Abutting property owners, including those across a street or alley, shall be notified by
certified mail- as described as Administrative Notice in Chapter 62, Article IV, of the City Code.
In the case of Abutting condominiums, only one LI notice to the condominium association need
be sent.
Additionally, at thc timc of submitting thc application, the applicant shall obtain from the
Department of Planning the list of all registered Neighborhood and homeowner associations in
the designated area applicable to the subject property and shall_noti€ybe notified via the official
representatives of asuch 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 the City Manager's Office, or its designated City Department.
The applicant shall submit the certified receipts from all notices to the Department of Planning at
the time of application. The decision on a Warrant shall be posted on the City website within five
(5) days of the written decision.
*
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 Page 2 of 6 File ID: 16789 (Revision: A) Printed on: 8/11/2025
File ID: 16789 Enactment Number: 14349
7.1.2.5 Waiver
c. Required notice and hearing.
All Abutting property owners, including those across a street or alley, shall be notified by
certified mail- as described as Administrative Notice in Chapter 62, Article IV, of the City Code.
In the case of Abutting condominiums, only one LD notice to the condominium association need
be sent.
Additionally, at the time of submitting the application, thc applicant shall obtain from thc
Department of Planning the list of all registered Neighborhood and homeowner associations in
the designated area applicable to the subject property and shall notify notified via the official
representatives of all 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 the City Manager's Office, or its designated City Department.
The applicant shall submit the certified receipts from all notices to the Department of Planning at
the time of application. The decision on a Warrant shall be posted on the City website within five
(5) days of the written decision.
*
7.1.2.6 Exception
c. Decision by the Planning, Zoning and Appeals Board.
1. Notice and hearing.
A quasi-judicial hearing shall be held on the application for Exception.
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
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
addresccs 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 a"sociations in the
designated area applicable to the subject property and shall notify the official representatives of
such registered a-sociations, by certified mail, of the application. Neighborhood and homeowner
ascociations who wish to rcccivc such notice must register on an annual basis at the City
Manager's Office, or its designated City Department.
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.
City of Miami Page 3 of 6 File ID: 16789 (Revision: A) Printed on: 8/11/2025
File ID: 16789 Enactment Number: 14349
Posting of the property which is the subject of the hearing and newspaper notice shall be
required as provided in Chapter 62, Article IV of the City Code.
Public hearing notification for an application shall be provided pursuant to Chapter 62, Article IV
of the City Code.
*
7.1.2.7 Variance
e. Review by the Planning, Zoning and Appeals Board.
1. Notice.
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
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.
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, Article IV of the City Code.
Public hearing notification for an application shall be provided pursuant to Chapter 62, Article IV,
of the City Code.
7.1.2.8 Amendment to Miami 21 Code
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:
City of Miami Page 4 of 6 File ID: 16789 (Revision: A) Printed on: 8/11/2025
File ID: 16789 Enactment Number: 14349
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 by
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 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.
an annual basis at thc City Manager'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 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, Article IV of the City Code.
Public hearing notification for an application shall be provided pursuant to Chapter 62, Article IV
of the City Code.
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
hearing by the City Commission 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
a-sociation shall be scnt. For thc purpose of this requirement, the names and addre-ses of
property owners shall be deemed those appearing on the latest tax rolls of the City. The
applicant shall providc thc list of owncrs to the City at the time of the initial application.
Additionally, the City shall notify all registered neighborhood and homeowner a"sociations in the
designated area applicable to the subject property and shall notify the 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 thc 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 addresses shown on the certification. The applicant shall pay
for the costs of the mailings.
City of Miami Page 5 of 6 File ID: 16789 (Revision: A) Printed on: 8/11/2025
File ID: 16789 Enactment Number: 14349
Posting of the property which is the subject of the hearing and newspaper notice shall be
required as provided in Chapter 62, Article IV of the City Code and by state statute.
Public hearing notification for an application shall be provided pursuant to Chapter 62, Article IV
of the City Code."
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 ten (10) days upon adoption by the
City Commission.2
APPROVED AS TO FORM AND CORRECTNESS:
rge Wy ng III, C ty ttor -y 1/9/2025
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 Page 6 of 6 File ID: 16789 (Revision: A) Printed on: 8/11/2025