HomeMy WebLinkAboutItem #57 - First Reading Ordinance3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 8195
BY PROVIDING FOR THE APPOINTMENT OF TWO
ALTERNATE MEMBERS TO THE PLANNING ADVISORY
BOARD AND TWO ALTERNATE MEMBERS TO THE
ZONING BOARD OF THE CITY OF MIAMI; AND
PROVIDING FOR A SEVERABILITY CLAUSE.
"DOC‘3,"ENT INDEX
ITEM i3.�'
ooa
CITY COMMISSION
MEETING OF
FEB 6-1974
ORDINANCE Na
Is$ i A01NG.........«.».......�....
mac! kiAD NQ...�...........«......
5
6
7
8
9
10
11
12
13
14
is
16
17
18
19
20
21
22
23
24
• 25
26
27
28
29
30
31
32
33
34
3S
36
WHEREAS, Ordinance No. 8081 was passed and adopted
on July 20, 1972, by the City Commission which provided for
a charter election to change the Planning and Zoning procedure
under Section 72 of the Charter of the City of Miami; and
WHEREAS, the electors of the City of Miami approved
the changes in Section 72 of the Charter of the City of
Miami, as set out in Ordinance No. 8081; and
WHEREAS, various citizen groups met to study and
make recommendations for the change of the planning and
zoning procedure within the City of Miami; and
WHEREAS, the Planning and Zoning Board of the
City of Miami held public hearings on the proposed changes
to the Planning and Zoning procedure within the City of Miami
and to the Comprehensive Zoning Ordinance of the City of
Miami; and
WHEREAS, the Planning and Zoning Board made its
•
recommendations to the City Commission of the City of Miami; aL
WHEREAS,. the Miami City Commission held public
workshops and public hearings on the suggestions and
recommendations presented to it by the various groups:
NOW, THEREFORE, BE IT ORIaIN£D BY THE COMMISSION
OF THE CITY.OF MIAMI, FLORIDA:
Section 1. That Chapter 62 of.the Code of the
City of Miami is deleted'in its entirety.and that a new
Chapter 62 be and it is hereby enacted to read as follows:
2
")0p,TiVE
C1ENTS
FOLLOW"
quality, (8) planning for conservation, rehabilitation, or re-
placement of housing, (9) treatment of areas, sites, or
structures of historical or archaeological import and
significance, (10) density of population. (11) methods and
6•
7
8
9
-10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
CHAPTER 62 PLANNING & 2ONtNG
ARTICLE 1 -- COMPREHENSIVE PLANNING
Section 62-1._ _Purpose and Intent. Under authority
conferred by the Constitution and Laws of Florida and Section
72 of the Charter of the City of Miami, it is the intent of
the City to plan for the City's future development and, as
an integral part of the total and continuing planning process,
to take such lawful actions as may be deemed necessary to
implement the comprehensive planning program.
The continuing comprehensive planning program con-
templated by this Chapter shall be a coordinated one, taking
into account the factors and situations which bear on the
course of present and future development and growth of the
City, to the end that the present and future population of
the City will be assured of a healthful, compatible, and
habitable living environment.
The continuing comprehensive planning program and
comprehensive plans that may be adopted may include, but are
not to be deemed as limited to, principles and policies to be
followed in (1) future development of the City, (2) location,
relocation, and character of the various uses of land and
water, (3) location, relocation, and character of public and
private open spaces and structures for recreation, amenity,
and cultural life, (4) modes and means of travel and trans-
portation, (5) location and character of public buildings,
28
services, and facilities, (6) provision of necessary utilities,
29
30 (7) development of standards for ecological and environmental
31
32
33
34
5 : r r j"� r^
35 "St!
. 36 3 IVE
�L1�,TS
_?.
. LLOw,
5
6
7
8
9
10
11
12
13
14
15
16
17
18,
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
policies for encouragement of cooperation of private persons
and groups in the development, implementation, and accomplish-
ment of adopted comprehensive plans, (12)• taxing and financial
arrangements and long-range capital improvement programs
deemed necessary to implement the planning program, and (13)
land use control and regulatory measures and other instruments
deemed necessary to accomplish the aims and objectives of
adopted comprehensive plans.
• Adopted plans may take the form of singular or
•
multiple documents, maps, charts, graphs, statistical
information, commentary, statements of purpose and intent,
or other forms recognizable as declaring the purpose and
intent of the City in guiding the future growth and develop-
ment of the City as a whole, a geographical classification
thereof, or.a functional classification thereof.
Section 62-2. Boards: Generally. To meet the
responsibilities under the continuous comprehensive planning
program required by. this Chapter, certain boards are
established and given authority and responsibility as set
out in this Chapter and elsewhere in the Code of the City
of Miami, Florida.The powers and duties of the boards so
established are to be denominated as (1) the Planning
Advisory Board of the City of Miami and (2) the Zoning
Board of the City of Miami. The City Commission may by
resolution create additional committees or instruments to
serve in advisory or consultative capacities to the Planning
Advisory Board or to the Zoning Board.
Section 62-3.Administrative Responsibility: Generally
Administrative authority and responsibility for the preparation,
•conduct, and implementation of the continuing comprehensive
planning program shall be as set out in this Chapter and
elsewhere in the Code of the City of Miami,
( ! (N R
w
4
Florida. Under
RTIVE
t • •
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
•
the authority of the City Manager, the Planning Department,
as established by Sections 2-61 through 2-69 of the code of
Miami, Florida, shall work in close coordination with the
Planning Advisory Board, the Zoning Board, and other
appropriate City boards and departments in the preparation,
conduct, review, and implementation of the continuing
comprehensive planning program.
Section 62-4. Effect of Previously Adopted —
Comprehensive Plan. Any comprehensive plan, or portion or
portions thereof, previously adopted by the City shall remain
in full force or effect until superseded by any plan,
or portion or portions thereof, adopted under this Chapter.
Section 62-5. Comprehensive Planning Program:
Preparation and Adoption of Comprehensive Plans for the City
as a Whole or a Geographical or Functional Classification
Thereof.
a. Preparation. When basic information for the
City, or geographical or functional classification thereof,
has been brought together, the Planning Department shall prepar
comprehensive and coordinated plans for the development of
the City, or geographical or functional classification
thereof, for review and recommendation by the Planning
Advisory Board. • Such plans, or substantial_ portions of
plans as may relate to geographical or functional classi-
fications thereof, shall be based on existing and anticipated
needs, showing existing and proposed improvements and stating
the principles according to which future development should
proceed and the manner in which such development should be
controlled.. The plans, or portion or portions thereof, shall
be made with the general purpose of guiding and accomplishing
a coordinated, adjusted, and harmonious development of the
City, or geographical or function•al classification thereof.
5 _. fi a fis✓ !
6
7
8
9
10
11
12
13
14
15
l6
17
18
19
20
21
22
23
24
25
.26
27
28
29
30
31
32
33
34
35
36
which will, in accordance with existing and future needs,
best promote public health, safety, comfort, order, appearance
convenience, morals, and the general welfare and which
will contribute to efficiency and economy in the process of
development and future maintenance. The planning program
shall include plans for future land use and may include plans
for transportation, housing, recreation, utilities,
community facilities, a long-range financial program for
public improvements, instruments for encouragement of
cooperation between private groups and government, measures
for implementation, and such other matters as may be deemed
necessary by the Planning Advisory Board and the City.
Commission roc the purpose of meeting the objectives of
this Chapter.
The Planning Department shall keep the Planning
Advisory Board informed of the progress and status of the
work involved in the continuous planning program and shall
work closely with, consult with, and seek the advice of
the Planning Advisory Board and other appropriate City
boards and departments in the preparation of plans, or
portion or portions thereof, under the continuing planning
program.
b. Review and Recommendation by Planning Advisory
Board. As the comprehensive plans, or substantial portions
thereof as may correspond generally with functional or
geographical classifications of the City, are prepared and
completed, they shall be reviewed by the Planning Advisory
Board. At such time as the Planning Advisory Board may have
•
reviewed and discussed the plans, or portion or portions
thereof and has determined that a public hearing should be
held thereon, the Board shall set a date or dates certain
J.
6
rJ
•• • ♦ A •
•
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
for holding a public hearing or hearings on the plans, or
portion or portions thereof. Notice shall be given or the
public hearing or hearings as set out in Article Vl, Section
42-25(a)and (d) of this chapter; in addition, the Planning Advil'
Board may, for the particular hearing or hearings involved,
give such additional notice as it may deem proper to the
subject of the hearing and circumstances therein involved.
Upon completion of such hearing or hearings, the
Planning Advisory Board may recommend to the City Commission,
by not less than four (4) affirmative votes, the adoption
by the City Commission of the plans, or portion or portions
thereof, upon which the public hearing or hearings were
held. The Board resolution of recommendation shall refer
expressly to the maps, descriptive material, and other
data intended by the Planning Advisory Board to form the
whole or the part of the plans upon which the public hearing
or hearings were held. The action taken and the recommendation
made by the Planning Advisory Board shall be recorded on
the recommended plans, or portion or portions thereof. Where
the recommendation of the Planning Advisory Board is not in
accord with earlier recommendations of the Planning Department,
the Planning Department shall submit to the City Commission
its recommendation in the matter. The signatures of the
Chairman of the Planning Advisory Board and the Planning
Director shall be affixed thereto as certifying to the action
taken and the recommendation made and the date of such action
and recommendation: and the signature of the Director of the
Department of Administration for Planning and Zoning Boards
shall be affixed as certifying that the requisite hearing
or hearings were held on the dates certified. A copy of the
comprehensive plans. or portion or portions thereof, shall
--
ram. a
7
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
- 32
33
34
35
36
be certified to the City Commission. The recommended
copy of the plans, or portion of portions thereof, together
with any recommended amendments thereto, shall be a part
of the permanent and public records of the Planning Advisory
Board.
c. Adoption by the City Commission. Upon receipt
of the recommendation or recommendations of the Planning
Advisory Board, the City Commission shall set a date certain
for holding a public hearing or hearings upon the recommended
plans. or portion or portions thereof, which date shall not
be less than 45 days from that date upon which the City
Commission has formally received the recommendation or
recommendations of the Planning Advisory Board. Notice of
such public hearing orhearings by the City Commission
shall be given as set out in Article VI, Section 62-25(a)and (d)
of this Chapter.
Upon such public hearing or hearings, the City
Commission may thereafter adopt the plans or portion or
portions thereof as recommended by the Planning Advisory
Board, modify the planEs or portion or portions thereof, or
reject the plan or portion or portions thereof. Any plans,
or portion or portions thereof, or modification thereto,
shall become effective only upon adoption by resolution by
the affirmative vote of not less than three (3) members of
the City Commission.
Section 62-6. Legal Effect of Adoption of
Comprehensive Plans for the City as a Whole, or a Geographical
or Functional Classification thereof. Whenever comprehensive
plans for the City as a whole, or for geographical or
functional classifications thereof, have been finally adopted
as set out in Section 62-5 above, then and thenceforth no
8
21
22
23
24
25
25
27
28
29
30
3],
32
33
34
35
36
public street or park; other public way, ground, place,
or space; public building; or public structure or activity,
or quasi public structure or activity not in conformity
with the adopted•comprehensive plans or portion or
portions thereof shall be constructed, altered, or
authorized in the City unless the location and extent
thereof shall have been submitted to the Planning Advisory
Board for a report and its statement of approval or die -
approval and the reasons therefore. Within thirty (30)
days after the request for such report has been received
by the Planning Advisory Board or within such other time
limits as may be agreed upon, the report shall either be
made or failure of the Planning Advisory Board to act
shall be deemed approval. The Planning Advisory Board's
report under this section may be overruled by the vote of
three (3) members of the City Commission. In the event of
an emergency declared by the City Manager, a matter in
question under this Section may be considered directly by
the City Commission without reference to the Planting
Advisory Board.
After comprehensive plans for the City or a portion
of such plans corresponding generally with a geographic or
functional classification of the City have been adopted in
the manner herein set out, no zoning ordinance, subdivision
regulation, or other land use control regulation shall be
adopted, repealed: or amended until such question has been
referred to the Planning Advisory Board for review and
recommendation to the City Commission; provided, however,
that this provision shall not apply to those hearings
required to be held by the Zoning Board under other City
• w •
5
6
7
8
9
10
11
12
13
14
15
•16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Section 62-7 Review and Amendment of Adopted
Comprehensive Plans, for the _City as a Whole, _or a Geographical
or Functional.._Classification,Thereof. Periodically, but not
less often than once in five (5) years or more often than
once in two (2) years, adopted comprehensive plans or portion
or portions thereof shall be reviewed by the Planning Advisory
Board to determine whether changes in the amount, kind or
direction of development and growth of the City or area
thereof, or other reasons, make it necessary or beneficial to
make additions or amendments to the comprehensive plans, or
portion or portions thereof. If the City Commission desires
an amendment or addition, it may., on its own motion, direct
the Planning Department to prepare such amendment for
submission to and review by the Planning Advisory Board.
The Planning Advisory Board shall make a recommendation on
the proposed plan amendment to the City Commission within a
reasonable time as established by the City Commission. The
procedure for revising, adding to, or amending comprehensive
plans or portion or portions thereof shall be the same as
the procedure for original adoption.
Section 62-8. Appropriations, Fees, and Other
Income. The City Commission may provide appropriations for
salaries, fees, and expenses necessary in the conduct of the
work of the boards established by this Chapter and for the
departments and employees necessary in the conduct of the
contLnuing planning program. Such monies, and any other sums
which may be made available through fees, gifts, state or
federal grants, state or federal loans, or other sources
shall be expended in; accordance with the established budgetary
and fiscal procedures and practices of the City of Miami.
10
F-7,1;7TIVE
S
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
ARTICLE II PLANNING ADVISORY BOARD
Section 62-9.._ Establishment. There is hereby
established a board, to be known as the planning Advisory
Board of the City of Miami, Florida. The Planning Advisory
Board shall consist of seven (7) members and two (2)
alternate members, to be appointed in the manner herein-
after set out in Article IV of this Chapter.
Section 62-10. Functions, Powers and Duties of
the Planning, Advisory Board: Generally., The Planning
Advisory Board is an integral part of the total process of
planning for the future development and growth of the City
of Miami. The Board is to serve as an instrument of advice
and recommendation in all phases and aspects of the
comprehensive planning program authorized by Section 72
of the Charter of the City of Miami. With the assistance
of the Planning Department, the functions, duties, and
powers of the Planning Advisory Board in the City's continuous
comprehensive planning program shall be, in general:
a. To acquire and maintain such information and
materials as are necessary to an understanding of past
trends, present conditions, and forces at work to cause
changes in these conditions. Such information and material
may include, but is not to be limited to, maps and photographs
of man-made and natural physical features of the City,
statistics on past trends and present conditions with respect
to population, property values, economic base, environmental
factors, land use, and such other information as is
important or likely to be important in determining the amount,
direction, and kind of development and growth to be
expected and planned for the City in the future.
rPLit r.I6Rg JT
b. To review and to recommend to the City �q '0. ` `
Commission for adoption and from time to time recommend
11 -
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
amendments and revisions to comprehensive and coordinated
general plans, or portion or portions thereof, for meeting
present requirements and such future requirements as may
be foreseen.
c. To establish principles and policies for
guiding action affecting future development in the City.
d. To prepare and recommend to the City Commission
ordinances, regulations, and other proposals promoting
orderly development along the lines indicated as necessary
and desirable by the comprehensive planning program.
e. To conduct such public hearings as may be
required to gather information and public reaction necessary
for the drafting, establishment, maintenance, and
recommendation to the City Commission for adoption of
comprehensive plans or portion or portions thereof, and
to conduct such public hearings as may be required on
ordinances, codes, and regulations related to plans made
and their implementation; and to establish public committees
or task forces when deemed necessary for the purpose of
collecting and compiling information necessary to the
planning program, or for the purpose of promoting and
implementing the accomplishment of comprehensive plans in
whole or in part.
f. To make or cause to be made any necessary
special studies on the location, adequacy, and conditions of
specific facilities in the City. These may include, but are
not limited to, studies on housing, commercial, and
industrial conditions and public facilities, recreation,
public and private utilities, conservation of natural
resources, roads and traffic, transportation, parking and
the like.
W laws
mr , ! t r
12� `'�
s
6
`i
e
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
g. When duly authorized by ordinance, to determine
whether specific proposed developments conform to the
principles and requirements of the planning program.
h. To serve as an instrument for informing the
City Commission, other City departments and agencies, and
the public of the continuing comprehensive planning program
and its purposes and status.
i. To perform such other duties in connection with
the comprehensive planning program as may lawfully be
assigned to it.
All City departments and employees shall under
direction of City Manager, upon request and within a
reasonable time, furnish to the Planning Department such
available records or information as may be required in the
work. The Planning Advisory Board or representatives of the
Planning Department may in the performance of official
duties, enter upon lands and make examinations or surveys
in the same manner as other authorized City agents or employees,
and shall have other powers as are required for the perform-
ance of official functions in carrying out the purposes and
responsibilities of the Planning Advisory Board and the
comprehensive planning program.
Section 62-11. Proceedings.
a. Officers and Voting. The Planning Advisory Board
shall select a Chairman and Vice -Chairman from among its
members and may create and fill such other offices as it
may determine. All members, or an alternate member sitting
in the place of a member, shall be required to vote on
matters before the Planning Advisory Board, subject to the
provisions of Subsection (e) of this section andY,a lible
y
Florida Statutes.
r..
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
The Director of the Planning Department shall be
the Executive Secretary of the Planning Advisory Board.
b. Rules and Procedure. The Planning Advisory Board
shall establish rules of procedure necessary to its governance
and the conduct of its affairs, in keeping with the
applicable provisions of Florida Law, City Charter, Ordinances,
and resolutions. Such rules of procedure shall be available
in written form to persons appearing before the Planning
Advisory Board and to the public upon request.
c. Meetings. The Planning Advisory Board shall
hold at least two (2) regularly scheduled meetings each
month, except the month of August, on days to be determined
by the Board. Other regularly scheduled meetings may be
set by the Board and additional meetings may be held at
the call of the Chairman and at such other times as the
Planning Advisory Board may determine. Meetings that are
not regularly scheduled shall not be held without at
least ten (10) days written notice to each member and
alternate member, provided however that upon concurrence
of the Chairman of the Planning Advisory Board and the
City Manager, an emergency meeting may be called at any
time. The Planning Advisory Board shall have the power
to take testimony under oath.
d. Quorum; Public Records. The Planning Advisory
Board shall keep minutes of its proceedings, showing the
vote of. each member, or alternate member (if sitting for
a member) or if absent or failing to vote under Section 62-11
(e) below indicating such fact.
It shall be the responsibility of the Director
of the Department of Administration for Planning and
Zoning Boards to handle all procedu= e l activit` ' fpr-: all
14 -
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
public hearings required to be held by the Planning
Advisory Board, including the preparation of detailed
minutes and official records of such hearings. The official
records of such public hearings shall be filed with the
City Clerk.
It shall be the responsibility of the Executive
Secretary of the Planning Advisory Board to maintain records
or other public meetings of the Board. Records of such
meetings shall be maintained in the office of the Planning
Department.
A quorum for the transaction of business shall be
a majority of the total membership of the Planning Advisory
Board, but no action to recommend adoption of comprehensive
plans or portion or portions thereof, to recommend the
amendment of the comprehensive zoning ordinance as set out
in Article XQQC, "Amendments" of the Comprehensive Zoning
Ordinance, or to recommend approval of a site and development
plan shall be taken without the concurring votes of at least
a majority of the total membership of the Board.
e. Status of Alternate Members. In the temporary
absence or disability of a member, or in an instance where
a member is otherwise disqualified to sit on a particular
matter, the Chairman of the Planning Board, or the Vice -
Chairman in his absence, shall designate one or both alternate
members to sit as Board members to obtain a full membership
of seven (7), or as nearly as possible a full membership.
When so acting, alternate members shall have full rights of
participation and voting as members; their vote shall be
deemed that of a member in reaching a decision on a matter.
In instances where an alternate member is not sitting as a
member, he shall have the right to participate in Board,
L5 ..
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
discussions and to ask questions, but he shall have no
right to vote or make motions. Where an alternate member
has been duly designated to sit as a member on a particular
matter and consideration of that matter has begun, the
alternate shall continue to sit as a Board member to dis-
position of the matter; and he shall not be replaced, should
the member in whose stead he is sitting later be present.
f. Disqualification of Members or Alternates.
If any member of the Planning Advisory Board or any alternate
member called to sit on in a particular matter, shall find
that his private or personal interests are involved in the
matter coming before the Board, he shall, prior to the
opening of the hearing on the matter, disqualify himself
from all participation of whatsoever nature in the cause;
or he may be disqualified by the votes of not less than a
majority of total membership of the Board, not including
the member or alternate member about whom the question of
disqualification has been raised. No member or alternate
member of the Planning Advisory Board shall appear before the
City Commission, Planning Advisory Board, or Zoning Board as
agent or attorney for any other person.
g. Assignment of Other Personnel. The City Manager
shall assign a member of the Public Works, Planning and
Building Departments to attend public hearings of the Planning
Advisory Board to advise the Planning Advisory Board when
necessary, and to furnish information, reports and recommend-
ations upon request of the Board.
The City Attorney shall assign a member of the City
Law Department to attend public hearings of the Planning
Advisory Board to advise the Planning Advisory Board when
necessary, and to furnish information, reports, and
-16-
S
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
reccmM endations upon request of the board.
ARTICLE III -- ZONING BOARD
Section 62-12. __Establishment. There is hereby
established a board, to be known as the Zoning Board of
the City of Miami, Florida. The Zoning Board shall consist
of seven (7) members and two (2) alternate members, to be
appointed in the manner hereinafter set out in Article IV
of this Chapter.
Section 62-13. Responsibilities of the Zoning
Board: Generally. The Zoning Board shall have the following
primary areas of responsibility:
a. It shall serve as an instrument for the hearing
of applications for the rezoning of specific properties, as
set out in Article XXX of the Comprehensive Zoning Ordinance
of the City of Miami. When acting in this capacity, its
work shall be deemed advisory and recommendatory, and only
advisory and recommendatory, to the City Commission.
b. It shall serve as the quasi-judicial instrument
for the granting of a variance under the Comprehensive
Zoning Ordinance, or for conditional use under the Comprehensive
Zoning Ordinance. It shall perform these functions as
set out in this Article and under the applicable laws and r
regulations of the State of Florida and the City of Miami.
c. It shall perform such other functions as may
be given it by appropriate action of the City Commission
or pursuant to other City ordinances.
Section 62-14. Proceedings: Generally,.
a. Officers and Voting. The Zoning Board shall
select a Chairman and a Vice -Chairman from among its
members and may create and fill such other offices as it
may determine. All members or an alternate.,mr. sitting
- 17 -
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 "cep IN
31
Cfd
•0
33
•
...0
34„)
35
36
in place of a member, shall be required to vote on matters
before the Zoning Board, subject to the provisions of
Subsection (e) of this section and applicable Florida
Statutes.
b. Rules of Procedure. The Zoning Board shall
establish rules of procedure necessary to its governance
and the conduct of its affairs, in keeping with the
applicable provisions of Florida Law, City Charter, and
City ordinances and resolutions. Such rules of procedure
shall be available in written form to persons appearing
before the Zoning Board and to the public upon request.
c. Meetings. The Zoning Board shall hold at least
two (2) regularly scheduled meetings each month, except the
month of August, on days to be determined by the Board.
Other regularly scheduled meetings may be set by the Board
and additional meetings may be held at the call of the
Chairman and at such other times as the Zoning Board may
determine. Meetings that are not regularly scheduled shall
not be held without at least twenty-four (24) hours notice
to each member and alternate member. The Zoning Board
shall have the power to take testimony under oath.
d. Quorum; Public Records. The Zoning Board
shall keep detailed minutes of its proceedings, showing
the vote of each member or alternate member (if sitting
for a member) or if absent or failing to vote under
Subsection (e) of this section, indicating such fact.
The Zoning Board shall keep records of its examinations and
other official actions, all of which shall be a public
record and filed immediately in the office of the City Clerk.
A quorum for the transaction of business shall
consist of five (5) members and each item before the board
shall require the affirmative vote of at least a majority
l8
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
-34
35
36
of the total membership of the Board for passage. In the
absence of a full board, the applicant shall be allowed,
upon request, one deferral.
e. Disqualification o.f Members or Alternates. If
any member of the Zoning Board, or any alternate member
called on to sit in a particular case, shall find that
his private or personal interests are involved in the
case coming before the Board, he shall, prior to the
opening of the hearing on the cause, disqualify himself
from all participation of whatsoever nature in the case;
or he may be disqualified by the votes or not less than
a majority of the total membership of the Board, not
including the member or alternate member about whom the
question of disqualification has been raised. No member
or alternate member of the Zoning Board shall appear
before the City Commission, Zoning Board, or Planning
Advisory Board as agent or attorney for any other person.
f. Assignment of Other Personnel. The City Manager
shall assign a member of the Public Works, Planning and
Building Departments to attend public hearings of the
Zoning Board, to advise the Zoning Board when necessary,
and to furnish information, reports and recommendations
upon request of the board.
g. Status of Alternate Members. In the temporary
absence or disability of a member or in an instance where
a member is otherwise disqualified to sit on a particular
matter, the Chairman of the Zoning Board, or the Vice -
Chairman in his absence, shall designate one or both
alternate members to sit as Board members to obtain a
full membership of seven (7) , or as nearly as possible
e full membership, when so acting, alternate members
"SUPPORTIVE
DNTS
E 7�a
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32,
33,
3+4
3►x
3L:
shall have full rights of participation and voting as
members; their vote shall be deemed that of a Member in
reaching decision on a matter. In instances where an
alternate member is not sitting as a member, he shall
have the right to participate in Board discussions and
to ask questions, but he shall have no right to vote or
make motions. Where an alternate member has been duly
designated to sit as a member on a particular matter and
consideration of that matter has begun, the alternate shall
continue to sit as a Board member to disposition of the
matter; and he shall not be replaced should the member in
whose stead he is sitting, later be present.
The City Attorney shall assign a member of the City
Law Department to attend public hearings of the Zoning Board,
to advise the Zoning Board when necessary, and to furnish
information, reports, and recommendations upon request of
the board.
Section 62-15. Powers and Duties: Generally.
a. In accordance with the general statement of
Section 62-13(a) of this Article, the Zoning Board shall have
the power to hear applications for the rezoning of particular
properties and to make recommendations thereon to the City
Commission, as set out in Article XQXC of the Comprehensive
Zoning Ordinance.
b. In furtherance of its quasi-judicial functions
under Section 62-13(b) of this Article, the Zoning Board
shall have the following powers and duties:
(1) Conditional Uses. To hear and decide such
conditional uses as the Zoning Board is specifically
authorized to pass on under the terms of the comprehensive
Zoning Ordinance of the City: to decide puchqueati
20 -
are involved in the determination of whether or not
5 conditional uses should be granted; and to grant conditional
6 uses with appropriate conditions and safeguards, or to
7 deny conditional uses when not in harmony with the purpoae
8 and intent of the Comprehensive Zoning Ordinance of the
9 City.
10 (2) Variances. To authorize upon application
11 such variance from the terms of the Comprehensive Zoning
12 Ordinance of the City of Miami as will not be contrary
13 to the public interest where, owing to special conditions,
14 a literal enforcement of the provisions of the Comprehensive
15 Zoning Ordinance of the City would result in unnecessary
16 and undue hardship.
17 (3) To authorize and approve such other matters
18 as shall be brought before the Board pursuant to the
19 Charter and Code of the City of Miami.
20
21
22
23
24
25
26
27
28
29
30
31
32
- 21 -
33
34
3$
36
4
5
6
7
9
9
LO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
•
ArrtctB tV
1PPOtNTMBNT OP MEMBERS AND ALTERNATE
MEMBERS OP PLANNING ADVISORY BOARD
AND ZONING BOARD
Section 62-16. Intent. It is intended that members
and alternate members of the Planning Advisory Board and
of the Zoning Board established by this Chapter, shall be
persons of knowledge, experience, mature judgment, and
background, having ability and desire to act in the public
interest, and representing insofar as may be possible, the
various social, demographic, and economic elements of the
City. To that end, the following procedures set out in
this Article shall be followed in the making of appoint-
ments as members of the Planning Advisory Board and of
the Zoning Board.
Section 62-17. Size of Boards and Terms of Office.
The Planning Advisory Board and the Zoning Board shall
each consist of seven (7) members and two (2) alternate
members to be appointed by the City Commission in the
manner and under the standards hereinafter set out. Each
member and alternate member shall be appointed for a term
of three (3) years; provided, that of the members of each
Board first appointed under this Article, three (3) shall
be appointed for a term of three (3) years each; two (2)
shall be appointed for terms of two (2) years each, and
two (2) shall be appointed for terms of one (1) year each,
except as set out in Section 62-18 of this article and
provided further, that of the alternate members of each
board first appointed under this Article, one shall be
appointed for a term of three (3) years and one shall be
appointed for a term of two (2) years, except as set out
in Section 62-18 of this Article.
- 22
iC
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36►,
Section, b2- .18.. , AM/ointment., No appointment shall
be made by the City Commission to membership or alternate
membership on the Planning Advisory Board, or on the
Zoning Board until the Commission shall have given notice
in a newspaper of general circulation in the City of the
vacancies at least thirty (30) days prior to the making
of an appointment, and shall have solicited and encouraged
the public and professional or citizen organizations within
the area having interest in and knowledge of the planning
and plan implementation process to submit names of persons
and their qualifications for consideration as prospective
appointees or alternates of the boards. At least five
(5) days prior to the making of any appointment, the City
Commission shall cause to have available to the public,
and shall publicly make announcement of the fact, that the
list of names thus submitted, together with a short statement
of the qualifications of each person, is prepared and
available for public inspection and consideration. In
reaching decision on appointment, the City Commission shall
give due consideration to the names thus submitted.
In addition, the City Commission shall, at least
five (5) days prior to the making of any appointment, cause
to have available to the public, and shall publicly make
announcement of the fact, that the names of prospective
nominees submitted by Members of the City Commission and
a short statement of qualifications of such persons are
available for public inspection and consideration.
No person shall be appointed to membership or
alternate membership on the Planning Advisory Board or on
the Zoning Board, whose name and qualifications have not
been made publicly available in the manner sot out.
"SUPPORTIVE
23 - DOCUMENTS
FOLLw"
s
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Section ,62-19.__„Standards .and , ualificatione. to
reaching decision on appointment to a vacancy or vacancies
on the Planning Advisory Board or on the Zoning Board,
the City Commission shall give due regard to and be guided
by the necessity for, of representation on the boards of
(1) geographical sections and areas of the City; (2) social,
economic, and demographic characteristics of the City;
(3) qualifications, background, experience, and abilities
of appointees to fulfill the duties and responsibilities
of board membership or alternate membership; (4) prior
demonstration by prospective appointees of interest in.
and concern for planning and planning implementation, as
may be evidenced by previous attendance at planning and
land use control seminars; (5) membership in organizations
having the primary aim of the furtherance of dissemination
of knowledge of and support of sound planning and
implementation programs; (6) other activity evidencing
knowledge and interest in the public purposes of planning
and plan implementation; (7) potential conflicts of
interest; (6) demonstrated maturity and objectivity of
judgment; and (9) needs for expertise, if any, in the
membership and alternate membership of the boards.
Appointees shall be persons in a position to represent
the public interest, and no person shall be appointed having
personal or private interests likely to conflict with the
public interest.
No person shall be appointed who has any interest
in the profits or emoluments of any contract, job, work,
or service for the City. No person shall be appointed
who holds any elective office or is employed in a full-time
tt
capacity by any governmental auIpk+ Tnty or
DOCUMENTS
FOLLO u
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
the City of Mamie Before raking any appointment, the City
Commission shall determine that the person so appointed
satisfies the requirements of Section 2-101 through 2-108,
"Conflict of Interest," Code of Miami; and no person shall
be confirmed in appointment who has not filed the statement
required by Section 2-105, Code of Miami. In addition,
the Code of Ethics of Metropolitan Dade County shall apply
to members and alternate members of the Planning Advisory
Board and of the Zoning Board.
Persons appointed shall be electors of the City.
No member or alternate member of the Planning
Advisory Board, or of the Zoning Board, shall be confirmed
in his appointment until he shall sign a statement agreeing
to participate in at least one seminar on planning to be
held in Florida, and approved by the City, during the
course of each year, he shall remain a member or alternate
member of the Planning Advisory Board or of the Zoning
Board; and failure to meet this requirement each and
every year after assuming Board membership or alternate
membership, may be deemed grounds for removal under
Section 62-21 of this Article.
Section 62-20. Re -appointment. A member or a
alternate member of the Planning Advisory Board or of the
Zoning Board, may be re -appointed for not more than one
additional consecutive three (3) year term, in the manner
herein set out; but this provision shall not be applicable
to those members or alternate members appointed to fill
an unexpired term under Section 62-21 of this Article,
or to those members or alternate members appointed for
one (1) or two (2) year terms under Section 62-17 of this
Article, and that such persons serve two (2) consecutive
full three (3) year terms.
-25-
"SUPPORTIVE
DOCUMENTS
FOLLOW„
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
SeCtiOn6Z41A__VACanCie8,, Val anciea in the
membership or alternate membership of the Planning
Advieory Board, or of the Zoning Board, shall be filled
by the City Commission by appointment in the manner herein
set out and for the unexpired term of the member or
alternate member affected.
It shall be the duty of the Chairman of the Planning
Advisory Board or the Chairman of the Zoning Board, as
the case may be, to notify the City Clerk within ten (10)
days after a vacancy occurs, and the City Clerk shall
promptly transmit such information to the City Commission
for appropriate Commission action as set out herein.
Section 62-22. Removal.
a. Members and alternate members of the Planning
Advisory Board and of the Zoning Board may be removed
for cause by the City Commission upon the votes of not less
than three (3) members of the Commission, upon written
charges and public hearing, if the member or alternate
member affected requests such public hearing.
b. Members and alternate members of the Planning
Advisory Board and of the Zoning Board, shall automatically
be removed for missing more than two (2) regularly scheduled
meetings during the calendar year without an excused absence.
For the purposes of this article an excused absence shall
be defined as illness, death in family or away on city
business.
Section 62-23. Compensation. Members and alternate
members of the Planning Advisory Board and of the Zoning
Board, shall receive a remuneration of $100.00 per month.
The City Commission shall make provision for the payment
of actual and necessary expenses, in
- 26-
RPOTINt
r
36
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25.
26
27.
28
29
30
31
32
33
34
35
36
Policy, for the attehdanoe of each member and alternate
member of boards at cane City authorized planning seminar
or conference each year to be held in the State of ?lorida.
"SUPPORTIVE
O'CUMENTS
FOLLOW"
27
11
12
13
• 14
15
16•
.111101410.0
..•
sass;... : I.
19
20
_21-
`:.
•. 22.
23
•
25
26
27
28
29
•
ARTICLE VUBLZC NOTICg
section 5���4� Where public nOttce fs t--
the administration of the required in
prehensive planning program
as set out in Section 72 of the Chatter of the City of
Miami and ordinances enacted thereunder, the type and manner
of public notice to be
given shall be as set out in the
ordinance or section of the ordinance for the matter
involved and as set out below.
Section 62.-25. T s of Notice.
The requirements
for the types of public notice are as follows:
a. Newspaper Publication. Publication of public
notice in a newspaper shall consist of publication in:
(1)..a daily newspaper of the largest general
circulation iri. the :;City,.
..
wsnepaper of
�� 5 _ general •' tfrcuiat on
in'the City devoted primarily to the reportingof financial,
business, industrial, and legal information, and
(3) a newspaper devoted primarily to reporting
information of "ii1-erest in an area or locality of the •
•
•
Such publications shall be
�s:: _ .......... made not less than
tell ('10) days in -advance of :the' public hearing.
b. Posting.
(1) Where posting of a property is required,
it shall be done at least ten (10) days in advance of the
hearing and shall consist of a sign to be posted on the
said land which shall measure at least three (3) square feet
in area, shall be of a color distinguishable from the
surrounding landscape, and shall contain substantially the
following languages
"SUPPORTIVE
DCCU",TENTS
FOLLOW"
6
i
8
9
10
11
12
13
14
15
le
19
20
ZL
22*
23'
24
25
26
27
28
29
30
31
32
33
34
35
36
A PUBLIC HEARING CONCERNING THE
REZONING OF TNXB PROPERTY PROM
TO WILL BE HELD BY
THE (ZONING BOARD, CITY COMMISSION)
OF THE CITY OF MIAMI. CALL (phone
number) FOR INFORMATION.
or
A PUBLIC HEARING INVOLVING A VARIANCE
ON THIS PROPERTY TO (short statement
of nature of variance requested) WILL
BE HELD.BY THE (ZONING BOARD, CITY
COMMISSION) OF 2SE CITY OF MIANI.
•
cam (phone number,) FOR INFORMATION.
or .
A PUBLIC BEARING INVOLVING A CONDITIONAL
USE ON THIS PROPERTY FOR THE PURPOSE
OF (short statement of nature of request)
WILi BE HELD BY TEM (ZONING BOARD, CITY
..C3IMiMISSION) OF THE CITY OF MIAMI. CALL
• •_ (*hone number) FOR INFORMATION.
(2) The sign shall be erected in full view
of the public on each street side of the said land. Where
the property for which rezoning, variance, -or conditional
use, as the case may be, is sought is landlocked, the sign
or signs shall be erected on the nearest street right of
way, with an attached notation indicating generally the
distance and direction to the property for which rezoning
is sought. Where large parcels of property are involved
with street frontages extending over considerable distances.
as many signs shall be erected on a street frontage as may
be deemed adequate to inform the pu�lac.:.►.�
u' ORTIVE
DOCUMENTS
29- FOLLOW"
27
6
7
a
9
10
11
12
13
14
15
•
19
20
•
21 ..
•
• r 23 .
(3) It shall be a r 3de anor in the
second (2) degree punishable pursuant to Placida Statute
775.082 and 775.083 for any unauthorized person to
tamper with or rremoire the signs posted pursuant to
this section.
c. Mail Notice. Notice of the time and place
of the public hearing by the Planning Advisory Board,
Zoning Board, or City Commission, as the case may be, shall
be sent at least ten (10) days in advance of the hearing
by mail to the owner of the subject property or his
•
-designated agent or attorney. -if any.
Notice of the time and place of the public hearing
by. the Planning Advisory; Board, . Zoning
•
Cotmaiasion,, as;=tiie:ca'se, may:.be, shall be sent: at least• ,
..ten (10) daya • ire advance of :the .hearing by mail to all
owners of property within three hundred and seventy five
(375) feet of the property:lines of the land for which the
hearing is required. For the purpose of this -requirement, -
_.... _ ... . yea
the names and
• those appearing on the latest tax rolls of the City. The..
24-• Director of Administration4or:Planning and Zoning. Boards
25 shall certify at the time of the public hearing that notice •
26 as herein required was given to the persons as named and
with addresses shown on his certification by the placing in
28 i the mail system of the United States on the date certified
the required notice(s); the certification shall be conclusive
of the giving of mail notice and no action taken by the
Planning Advisory Board, Zoning Board, or the City Commission,
32 as the case may be, shall be voided by the failure of an
individual property owner to receive such mail notice.
29
30
31
33
34
35
36
"SUPPORTIVE
DOCUMENTS
FOLLOW"
•;
-30-
6
7
8
9
10
11
12
13.
14
•
• 15
18
19
20 ••
21'
22'
.23
. 24 • .
• 25
26
27
28
29
30
31
32
33
34
35
36
d. Addjtiona _and 0.0tioaal_itot ce, The
Panning Advied ► board, Zoning board, or City Commission,
as the cage may be, may give additional and optional
notice as may be deemed proper for the circumstances
involved for the particular hearing or hearings, 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 any action taken by the Zoning Board, Planning
Advisory Board, or the City Commission, as the case may be.
•
•
..) �L.. 1\1r
FOLL.41N''
31 -
7
8
9
10
11
12
13 .
14
15
18 •
19
20
.21*
• 22
24
25
26
27
28
29
30
31
{ 32
33
34
_5
0
ARTICLE tit
Fees for a public hearing to consider.
a Change or modification of classification
or regUlat on affecting property.
Section 62-26. Any application for a change or
modification in the classification or regulation affecting
any property shall be accompanied by an application fee in
the amount set forth in this section:
(a)
All applications for changes in zoning shall
be accompanied by application fees in the
following amounts:
For a change to R-1, R-2, R-3,
R 3A, R-CA
$ 02/sq.
of land area.
(minimum-$150.00)
For a change to R-4, R-5,,R-5A,
R-C;..R-C3. �t-C-1;�.•.►�...:.,..'...$.04/sq. ft.
of Land area.
(minimum-$200.00)
For.=a .c:iau cto C--i C-iA', G-2:,
C-3, C-4, C-5, W-R,
W-I, I-1. I-2
•
The maximum fee fora change in zoning shall be
$30,000.00. .•
•
•
$ 06/sq. ft.
of land area.
(minimum-$250.00)
•
(b) Applications forvariance(s) involving a one
or .two-family structure in any zoning . .
classification $50.00
(c) F or -a. variance from each section of. the
ordinance (other.than"set forth in Section •
62-26(b) above), the fee shall be based on
the total Floor Area (as defined in Ordinance
6871) of the proposed bdilding(s) located
•on the .site
$ 02/sq.
of floor
area.
(minimum-$200.00
(d) The application fee for public hearings
for Conditional Uses shall be $300.00
(e) The application fee for vacation of
►y
public right-of-way shall be
$ 2.00/r::n-
ning foot
R/W; mini-
mum $200.03
(f) The application fee for Planned Area
Development (PAD) shall be $ .04/s :. f r .
or land a;
(g) The application fee for each petition
for public hearing not covered in :.his
section shall be
-32-
.00.00
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
,27
28
29
30
31
32
33
•
f ,
(h) The MaximuM fee to be charged any
governental agents other than the
City of Miami for any public hearing
shall be
$500.00.
Section _ 62-27 .Nertuest ..for. Review. All requests for•
review of decisions of the Zoning Board under Article X XX,
Section 6, and Article XXXII, Section 4, Comprehensive Zoning
Ordinance No. 6871; of the City of Miami, except those requests
for review initiated by an agency of the City of Miami, shall
be accompanied by a fee which shall be the equivalent of the
fee originally charged the applicant as set out in Section
)62-26, with a maximum fee per review request of $500.00;
provided, if ten percent (10%) of the owners in fact of
)property within three hundred and seventy five (375) feet
of a property involved in a decision of the Zoning Board
shall in writing request review within the time limits set
out, then no fee shall be charged as a prerequisite to
consideration: by the city Commission of the Request for
Review.
Where the City Commission itself may initiate a
Request for Review, such request shall be initiated only
by duly adopted resolution of the Commission.
Section 2. All ordinances or portions of ordinances
in conflict herewith are repealed to the extent necessary to
give full force and effect to this ordinance.
Section 3. It is declared to be the legislative intent
of this body that if any section, subsection, sentence, phrase
or provision: of this ordinance is held invalid, the remainder
of the ordinance shall not be affected.
-33-
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
25
26
27
28
29
30
31
32
33
PASSED ON Pf13S ' READING SY TITLE ONLY this _
day of _. _ _........._ _..,.__ 1974.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY
TITLE ONLY this day of . 1974.
APPROVED AS TO FORM AND CORRECTNESS:
EN S • LLOYD
ITY ATTORNEY