HomeMy WebLinkAboutItem #18 - Discussion ItemPlanning Advisoryd
FRsM► Richard L. 1:'osmoen
Executive Secretary
Planning Advisory Board
tit, oP MIAMI. kLt5f6A
INTER•OI rttt McMORANbUM
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June 16, 1971
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SUtiJEct: Proposed Special Permitting
System fot new Zoning Ordinance
tNcLottURta:
In connection with the system of special permitting being proposed
by the consultants. I suacrest you read with some care the following
portions of Analysis and Evaluation of the Comprehensive Zoning
Ordinance of the City of Miami, Florida: pp. xxi -xxvi ( in order
to get some feeling for the overall recommendations of the report),
pp. 31 -35 (the pages where some of the present problems of per-
mitting are discussed and recommendations made), pp. 490 -506
(discussion of the present administrative process generally, and
particularly the comment on page 494 relative to special approvals
or permits).
The consultants view the establishment of a special permitting
system as probably the most important of the procedural recommenda-
tions that are being incorporated into a new ordinance. At the
present time, as demonstrated in the Report, the various types of
special approvals are not always consistent one with the other and
the substantive matters treated by such special approvals often
require a level of approval out of logical reason with the serious-
ness of the matter (e.g., the requirement that the City Commission
handle numerous matters that would be better vested in some other
City officer or agency).
The consultants recommend establishing six classes of special
permits:
1. A Class A permit which is to be issued at the discretion
of the zoning administrator, without referral to other officers
or agencies of city government. Such a permit would deal with
relatively minor matters, but matters that still require some
form of checking or restriction because of a potential adverse
effect on the immediately surrounding area. Examples of such
Class A permits might be those for temporary signs for special
events, or permits for the holding of carnivals or circuses in
certain zoning districts.
Planning Advisory board
Jude it 191?
2, The Class B permit, still to be issued by the toning adihin-
istrator, but with the requiretent that the administrator secure
advice and recommendation for specifically named officers or
agencies of city government. Examples of this type of permit
Might • be the location of certain types of offstreet parking or
loading, or intrusion of structures or buildings into side yards.
The consultants emphasize that all Class B permits will not re-
quire the same referrals in every case. What referrals are re-
quired in a given situation will be set out in the ordinance at
the point where that situation is referred to
3. A Class C special permit to be issued by the director of the
department of planning. Examples of this type of permit might
relate to the approval of certain developments under required site
and development plan approval.
4. Class D special permit to be issued by the zoning board.
A Class D permit might be required for minor site and development
plan approvals, or in other cases where impact on the neighborhood
is not an issue.
5. The special exception. The consultants'draft uses this term,
standard in zoning terminology, in place of "conditional use."
Procedures and standards set out in the draft remain the same.
This action might be required for site and development plan approval
of larger projects, or where there would be substantial impact on
the neighborhood. But a number of items now handled as special
exceptions would be treated under the draft in some of the "lower"
categories of permit.
6. The major use permit. This would require the approval of the
City Commission and would most certainly be limited to extremely
large developments. Amendments requiring rezoning in such cir-
cumstances may or may not (depending on the situation) be a part of
this particular special permit category. The consultants have not
as yet settled precisely on standards for this particular class of
special permits. The threshhold might be those established for
Developments of Regional Impact under Chapter 380, Florida Statutes,
or they might be those established by Dade County in its ordinance
for developments of regional impact.
Formal public notice and hearing, in the sense that it has been
known in Miami down through the years, would be required only in
connection with the special exception and the major use permit.
In connection with the Class D special permit the zoning board
would handle such matters as a part of a previously prepared agenda.
iainirig Advisoty Boatel
Juke 16, 107
This does not mean that the City is abandoning hotiee and hearing.
To the contfary, the City cannot abandon notice and hearing anya
how. it does mean that the due process requirements of notice
of hearing would now be placed, for at least the first four of
the special oermits above. in an informal rather than in a formai
context.
As a general principle, the consultants' draft is being written
to propose that review of zoning board decisions go directly to
the courts, rather than to the City Commission. In line with
the thrust of this proposal, therefore, a review of the zoning
administrator's decisions on Class A and Class B special permits
would be before the zoning board, and from that board to the
courts. Review of the planning director's decision on a Class C
permit would be by the zoning board and from there to the courts.
Decision on a Class D special permit by the zoning board would be
reviewed by the courts. Decision by the zoning board on special
exceptions would be reviewed by the courts. Quite obviously,
since it is contemplated that City Commission would be the agent
of the City, the major use permit decision review would be by the
courts.
The consultants emphasize, that establishing this system of special
permitting and placing discretionary powers in the hands of the
zoning administrator and the planning director does not mean that
the discretion can be unfettered. The standards set out in the
ordinance for the various special permitting functions constitute
the bounds of excercise of discretion. In each and every instance.
if the aoolicant meets the standards. he must be granted the oermit.
By establishing this type of permit system, a good deal of repetition,
ambiguity, and contradiction can be avoided in the final ordinance.
In the Schedule of District Regulations, a particular use or charac-
teristic of use can be made subject to a specific special permit
requirement simply by schedule reference -- e.g., "Class C permit
required." There will be some instances where the use or character-
istic of the use will necessarily have to be included in the text of
the ordinance rather than in the Schedule of District Regulations.
Again, the phraseology indicated can be used in that situation.
Thus, the provisions setting up the system are necessarily somewhat
lengthy. But that length is offset by the fact that in the Schedule
of District Regulations and in the text those uses and character-
istics of uses requiring various types of special permits can be
effectively "shorthanded." The uses and characteristics of uses
that ultimately may be required to have the type of special permit
will be a policy decision of the City Commission in the passage of
a new zoning ordinance.
Page 3 of 4
The consultants are very firmly convinced that the establishment
of this special permitting system will represent a considerable
stop forward for the City of Miami in administrative effective-
ness 4nd equity for the public and developers It will require,
of course, a considerable amount of re- education on the part of
the charged With the administration and enforcement of the
toning ordinance. It will require education of those citi2ens
who must work under the ordinance. The time is long siflce past
due for the City of Miami to move into the kind of toning frame-
work that is nc.: being proposed.
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MIAMI,LANDJMINIENSIIV ItCTORS Tenta.tiv0
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30
31
32
33
34
35 ..141 34 .010
36 .152 .18 33 .030
37 .162 ./7 .53 .032
38 .174 .17 .52 .033
39 .181 ..52 .016
.080
.080
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5
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.115
.123
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.65
.62
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1.7 1.9
1.6 1.8
.1.6 1.8
13 1.7
13 1.7
AI 2 _ .200 .76 .52 .036 1.4 1.6
41 .214 .76 .51 .039 1.4 1.6
42 .230 . .75 .51 .039 1.4 1.5
.43 .246 :Is .49 • .039 1.3 • .13
44 .264 .74 .48 .042 1.3 - 1.5
45 .283 .74 .48 .042 1.2 1.4
46 3 .303 .73 .46 .046 1.2 1.4
47 .32S .73 .46 .046 1.2 13
48 .34B .73 .45 .049 1.1 1.3
49 .373 .72 .45 .052 1.1 1.3
50 .400 .72 .44 .052 1.1 1.2
51 .429 .72 .43 .055 1.0 1.2
52 4 .459 .72 .42 .056 1.0 . 1.2
53 .492 .71 .41 .059 .99 1.1
54 328 .71 .41 .062 .96 1.1
55 .566 .71 .40 .062 • .93 1.1
56 .606 ,70 .40 .065 .90 1.0
57 .650 .70 .40 .065 .87 1.0
58 5 .696 .69 .40 .070 .84 .99
.746 .69 .40 .075 .82 .96
.79
.77
.74
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59
60 .800 .68 .40
61 .857 .68 .40
62 .919 .68 .40
63 .985 .68 .40
64' 6 1.06 .68 .40
65 1.13 .67 .41 .090 .68 .81 .66 .79
66 1.21 .67 .41 .097
67 1.30 .67 .42 .104 .64 ' .77
68 1.39 .68 . .42 .104 .62 .75
69 1.49 .68 .43 .104 .60 .73
70 . 7 1.60 .68 .43 .112 .58 .71
71 1.72 .68 .45 .115 .57 .69
72 1.84 ' .69 .46 .115 .56 .67
73 1.97 .70 .47 .118 .54 .65
74 2.11 .71 .49 . .127 .52 • .63
75 2.26 .72 .50 .136 .50 .61
76 8 2.42 .75 .51 .145 .49 .60
77 2.60 .76 .52 .145 .47 .58
78 2.79 .81 .56 • .145 .46 .56
79 2.99 .83 .57 .150 .45 .55
80
3.20 .86 .61 .160 .44 .54
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1.8 2.0
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