HomeMy WebLinkAboutR-73-0644RESOLUTION NO. 7241`44fer
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER, SUBSEQUENT TO AUGUST
20, 1973, TO ENTER INTO NEGOTIATIONS
WITH THE FIRM OF MEL REESE & ASSOCIATES,
INC. FOR THE PURPOSE OF DRAFTING A
PROPOSED AGREEMENT FOR CONSULTING SER-
VICES TO BE PRESENTED TO THE CITY COMMISSION
FOR'REVIEW AT THE NEXT REGULARLY SCHEDULED
MEETING OF THE CITY COMMISSION.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. Subsequent to August 20, 1973,
the City Manager is hereby authorized and directed to
enter into negotiations with the firm of Mel Reese &
Associates, Inc. for the purpose of drafting a proposed
agreement for consulting services to be presented to the
City Commssion for review at the next regularly scheduled
meeting of the City Commission.
PASSED AND ADOPTED this IF day of
PREPARED AND APPROVED BY: /�1=►���•--,/�,,� ���
R. Harris Turner
Assistant City Attorney
REVIEWED BY:
(�Sohn S. Lloyd
Assistant Director 6f Law
APPROVED AS TO FORM AND CORRECTNESS:
• Alan H. Rothstein
City Atta ney
, 1973.
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2 CHAPTER • PLANNING
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4 Section 1. Purpose and Intent. Under authority conferred
5 by the Constitution and Laws of Florida and Section 72 of the
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RAFT - 25 May, 1973
REVISED - 18 July, 1973
ARTICLE I -- COMPREHENSIVE PLANNING
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 contemplated
by this Chapter shall be a coordinated one, taking into account the
factors and situations which bear on tLa 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 compre-
hensive 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 transportation, (5) location and character
of public buildings, services, and facilities, (6) provision of
26 necessary utilities, (7) development of standards for ecological
27 and environmental quality, (8) planning for conservation, re-
28 habilitation, or replacement of housing, (9) treatment of areas,
29 sites, or structures of historical or archeological import and
30 significance, (10) density of population, (11) methods and policies
31 for encouragement of cooperation of private persons and groups in
32 the development, implementation, and accomplishment of adopted
DRAFT - 25 May, 1973
1 REVISED - 18 July, 1973
2 CHAPTER _ PLANNING
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27 and environmental quality, (8) planning for conservation, re-
28 habilitation, or replacement of housing, (9) treatment of areas,
29 sites, or structures of historical or archeological import and
30 significance, (10) density of population, (11) methods and policies
31 for encouragement of cooperation of private persons and groups in
32 the development, implementation, and accomplishment of adopted
ARTICLE I -- COMPREHENSIVE PLANNING
Section 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 contemplated
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 compre-
hensive 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 transportation, (5) location and character
of public buildings, services, and facilities, (6) provision of
necessary utilities, (7) development of standards for ecological
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17 Code of the City of Miami, Florida. The powers and duties of the
18 boards so established shall be exercised in the manner set out.
19 The boards so established are to be denominated as (1) the Planning
20 Advisory Board of the City of Miami and (2) the Zoning Board of the
21 City of Miami. The City Commission may by resolution create addi-
22 tional committees or instruments to serve in advisory or consultative
23 capacities to the Planning Advisory Board or to the Zoning Board.
24 Section 3. Administrative Responsibility: Generally. Ad-
25 ministrative authority and responsibility for the preparation, con-
26 duct, and implementation of the continuing comprehensive planning
27 program shall be as set out in this Chapter and elsewhere in the
28 Code of the City of Miami, Florida. Under the authority of the
29 City Manager, the Planning Department, as established by Sections
30 2-61 through 2-69 of the Code of Miami, Florida, shall work in
31 close coordination with the Planning Advisory Board, the Zoning
32 Board, and other appropriate City boards and departments in the
comprehensive Ins, (12) taxing and financial arrangements and
long-range capital improvement programs deemed necessary to imple-
ment the planning program, and (13) land use control and regu-
latory 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, commen-
tary, statements of purpose and intent, or other forms recogniz-
able as declaring the purpose and intent of the City in guiding
the future growth anddvelopment of the City as a whole, a geo-
graphical classification thereof, or a functional classification
thereof.
Section 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
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preparation, conduct, review, and implementation of the continuing
2 comprehensive planning program.
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Section 4. Effect of Previously Adopted Comprehensive Plan.
4 Any comprehensive plan, or portion or portions thereof, previously
5 adopted by the City shall remain in full force or effect until
6 superseded by any plan, or portion or portions thereof, adopted
7 under this Chapter.
6 Section 5. Comprehensive Planning Programs Preparation and
9 Adoption of Comprehensive Plans for the Cit / as a Whole or a Geo-
10 graphical or Functional Classification Thereof.
11 a. Preparation. When basic information for the City, or
12 geographical or functional classification thereof, has been brought
13 together, the Planning Department shall prepare comprehensive and
14 coordinated plans for the development of the City, or geographical
15 or functional classification thereof, for review and recommenda-
16 tion by the Planning Advisory Board. Such plans, or substantial
17 portions of plans as may relate to geographical or functional classi-
18 fications thereof, shall be based on existing and anticipated needs,
19 showing existing and proposed improvements and stating the principles
20 accordinq to which future development should proceed and the manner
21 in which such development should be controlled. The plans, or portion
22 or portions thereof, shall be made with the general purpose of guiding
23 and accomplishing a coordinated, adjusted, and harmonious develop-
24 went of the City, or geographical or functional classification
25 thereof, which will, in accordance with existing and future needs,
26 best promote public health, safety, comfort, order, appearance, con-
27 veaience, morals, and the general welfare and which will contribute
28 to efficiency and economy in the process of development and future
29 maintenance. The planning program shall include plans for future
30 land use and may include plans for transportation, housing, recrea-
31 tion, utilities, community facilities, a long-range financial pro-
32 gram for public improvements, instruments for encouragement of
1 cooperation between private groups and government, measures for
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2 implementation, and such other matters as may be deemed necessary
3 by the Planning Advisory Board and the City Commission for the
4 purpose of meeting the objectives of this Chapter.
5 _ The Planning Department shall keep the Planning Advisory
6 Board informed of the progress and status of the work involved in the
7 continuous planning program and shall work closely with, consult with,
8 and seek the advice of the Planning Advisory Board and other
9 appropriate City boards and departments in the preparation of plans,
10 or portion or portions thereof, under the continuing planning program.
11 b. Review and Recommendation by Planning Advisory Board. As
12 the comprehensive plans, or substantial portions thereof as may corre-
13 spond generally with functional or geographical classifications of
14 the City, are prepared and completed, they shall be reviewed by
15 the Planning Advisory Board. At such time as the Planning Advisory
16 Board may have reviewed and discussed the plans, or portion or portions
17 thereof and has determined that a public hearing should be held thereon,
18 the Board shall set a date or dates certain for holding a public
19 hearing or hearings on the plans, or portion or portions thereof.
20 Notice shall be given of the public hearing or hearings as set out
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in addition, the Planning Advisory 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 wholes or the part
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1 cooperation between private groups and government, measures for
2 implementation, and such other matters as may be deemed necessary
3 by the Planning Advisory Board and the City Commission for the
4 purpose of meeting the objectives of this Chapter.
5 The Planning Department shall keep the Planning Advisory
6 Board informed of the progress and status of the work involved in the
7 continuous planning program and shall work closely with, consult with,
8 and seek the advice of the Planning Advisory Board and other
9 appropriate City boards and departments in the preparation of plans,
10 or portion or portions thereof, under the continuing planning program.
11 b. Review and Recommendation by Plannina Advisory Board. As
12 the comprehensive plans, or substantial portions thereof as may corre-
13 spond generally with functional or geographical classifications of
14 the City, are prepared and completed, they shall be reviewed by
15 the Planning Advisory Board. At such time as the Planning Advisory
16 Board may have reviewed and discussed the plans, or portion or portions
17 thereof and has determined that a public hearing should be held thereon,
18 the Board shall set a date or dates certain for holding a public
19 hearing or hearings on the plans, or portion or portions thereof.
20 Notice shall be given of the public hearing or hearings as set out
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in addition, the Planning Advisory Board may, for the particular
hearing or hearings involved, give such additional notice as it may
26 Upon completion of such hearing or hearings, the Planning
27 Advisory Board may recommend•to the City Commission, by not less than
28 four (4) affirmative votes, the adoption by the City Commission of the
29 plans, or portion or portions thereof, upon which the public hearing
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or hearings were held. The Board resolution of recommendation shall
31 refer expressly to the maps, descriptive material, and other data
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1 of the plans upon which the public hearing or hearings were held.
2 The action taken and the recommendation made by the Planning Advisory
3 Board shall be recorded on the recommended plans, or portion or portions
4 thereof. Where the recommendation of the Planning Advisory Board is
5 not in accord with earlier recommendations of the Planning Department,
6 the Planning Department shall submit to the City Commission its
7 recommendation in the matter. The signatures of the Chairman of
8 the Planning Advisory Board and the Planning Director shall be affixed
9 thereto as certifying to the action taken and the recommendation made
10 and the date of such action and recommendation? and the signature
11 of the Director of the Department of Hearing Administration shall
12 be affixed as certifying that the requisite hearing or hearings were
13 held on the dates certified. A copy of the comprehensive plans, or
14 portion or portions thereof, shall be certified to the City Commission.'
15 The recommended copy of the plans, or portion or portions thereof,
16 together with any recommended amendments thereto, shall be a part
17 of the permanent and public records of the Planning Advisory Board.
18 c. Adoption by the City Commission. Upon receipt of the
19 recommendation or recommendations of the Planning Advisory Board, the
20 City Commission shall set a date certain for holding a public hearing
21 or hearings upon the recommended plans, or portion or portions
22 thereof, which date shall not be less than 45 days from that date
23 upon which the City Commission has formally received the recommendation
24 or recommendations of the Planning Advisory Board. Notice of such
25 public hearing or hearings by the City Commission shall be given
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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 plans or
portion or portions thereof, or reject the plan or portion or portions
thereof. Any plane, or portion or portions thereof, or modification
thereto, shall become effective only upon adoption by resolution by
1 the affirmative vote of not less than three (3) members of the City
2 Commission.
3 Section 6, Legal Effect of Adoption of Comprehensive Plans
4 for the City as a Whole._ or a Geographical or Functional Classifi-
5 cation Thereof. Whenever comprehensive plans for the City as a
6 whole, or for geographical or functional classifications thereof,
7 have been finally adopted as set out in Section 5 above, then and
8 thenceforth no public street or park; other public way, ground, place,
9 or space; public building; or public structure or activity, or quasi
10 public structure or activity not in confozmity with the adopted
11 comprehensive plans or portion or portions thereof shall be con-
12 strutted, altered, or authorized in the City unless the location
13 and extent thereof shall have been submitted to the Planning Advisory
14 Board for a report and its statement of approval or disapproval and
15 the reasons therefore. Within thirty (30) days after the request
16 for such report has been received by the Planning Advisory Board or
17 within such other time limit as may be agreed upon, the report shall
16 either be made or failure of the Planning Advisory Board to act
19 shall be deemed approval. The Planning Advisory Board's report
20 under this section may be overruled by the vote of three (3) members
21 of the City Commission. In the event of an emergency declared by the
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City Manager, a matter in question under this Section may be considered
23 directly by the City Commission without reference to the Planning.
24 Advisory Board.
25 After comprehensive plans for the City or a portion of such
26 plans corresponding generally with a geographic or functional
27 classification of the City have been adopted in the manner herein
28 set out, no zoning ordinance, subdivision regulation, or other land
29 use control regulation shall be adopted, repealed, or amended until
30 such question has been referred to the Planning Advisory Board for
31 review and recommendation to the City Commission; provided, however,
32 that this provision shall not apply to those hearings required to be
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18 same as the procedure for original adoption.
19 Section 8. Appropriations, Fees. and Other Income. The
20 City Commission may provide appropriations for salaries, fees,
21 and expenses necessary in the conduct of the work of the boards
22 established by this Chapter and for the departments and employees
23 necessary in the conduct of the continuing planning program. Such
24 monies, and any other sums which may be made available through
25 fees, gifts. state or federal grants, state or federal loans, or
26 other sources shall be expended in accordance with the established
27 budgetary and fiscal procedures and practices of the City of Miami.
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held by the Zoning Board under other City ordinances.
Section 7, Review and Amendment of Adopted Comprehensive
Plans for the City as allhole. or a geographical or Functional
Classification Thereof. Periodically, but not less than once every
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, ordirection 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
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ARTICLE II
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PLANNING ADVISORY BOARD
Section 1. Establ4shment. 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 to be appointed in the manner set out in
ARTICLE IV of this Chapter.
Section 2, Functions. Powers. are Duties of the Planning
Adyjsory Board: Generallv. 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 assis-
tance 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 con-
ditions, 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 condi-
tions 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.
b. To review and to recommend to the City Commission for
adoption and from time to time recommend 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 forseen.
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1 c. To establish principles and policies for guiding action
2 affecting future development in the City.
3 d. To prepare and recommend to the City Commission ordin-
4 encase regulations, and other proposals promoting orderly develop-
5 ment along the lines indicated as necessary and desirable by the
6 Comprehensive planning program.
7 e. To conduct such public hearings as may be required to
8 gather information and public reaction necessary for the drafting,
9 establishment, maintenance, and recommendation to the City Commission
10 for adoption of comprehensive plans or portion or portions thereof,
11 and to conduct such public hearings as may be required on ordinances,
12 codes, and regulations related to plans made and their implementa-
13 tion; and to establish public committees or task forces when deemed
14 necessary for the purpose of collecting and compiling information
15 necessary to the planning program, or for the purpose of promoting
16 and implementing the accomplishment of comprehensive plans in whole
17 or in part.
18 f. To make or cause to be made any necessary special studies
19 on the location, adequacy, and conditions of specific facilities in
20 the City. These may include, but are not limited to, studies on
21 housing, commercial, and industrial condition} and public facilities,
22 recreation, public and private utilities, conservation of natural
23 resources, roads and traffic, transportation, parking and the like.
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24 g. When duly authorized by ordinance, to determine whether
25 specific proposed developments conform to the principles and re-
26 quirements of the planning program.
27 h. To serve as an instrument for informing the City Commis-
-18 sion, other City departments and agencies, and the public of the
29 continuing comprehensive planning program and its ur p poses and
30 status.
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i. To perform such other duties in connection with the
comprehensive planning program as may lawfully be assigned to it.
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2 City Manager, upon request and within a reasonable time, furnish
3 to the Planning Department such available records or information
4 as may be required in the work. The Planning Advisory Board or
5 representatives of the Planning Department may in the performance
6 of official duties, enter upon lands and make examinations or
7 surveys in the same manner as other authorized City agents or
8 employees, and shall have such other powers as are required for
9 the performance of official functions in carrying out the purposes
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All City departments and employees shall under direction of
and responsibilities of the Planning Advisory Board and the
comprehensive planning program.
Section 3. Proceedinas.
a. Officers and Votina. The Planning Advisory Board shall
select a Chairman and a Vice-Chariman from among its members and
may create and fill such other offices as it may determine. All
members shall be required to vote on matters before the Planning
Advisory Board, subject to the provisions of Section 3 (e) below
and applicable Florida Statutes.
The Director of the Planning Department shall be the
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, and City 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. 4eetinas. 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
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1 All City departments and employees shall under direction of
2 City Manager, upon request and within a reasonable time. furnish
3 to the Planning Department such available records or information
4 as may be required in the work. The Planning Advisory Board or
5 representatives of the Planning Department may in the performance
6 of official duties, enter upon lands and make examinations or
7 surveys in the same manner as other authorized City agents or
8 employees, and shall have such other powers as are required for
9 the performance of official functions in carrying out the purposes
10 and responsibilities of the Planning Advisory Board and the
11 comprehensive planning program.
12 Section 3. Proceedinas.
13 a. Officers and Votina. The Planning Advisory Board shall
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select a Chairman and a Vice-Chariman from among its members and
may create and fill such other offices as it may determine. All
members shall be required to vote on matters before the Planning
Advisory Board, subject to the provisions of Section 3 (e) below
and applicable Florida Statutes.
The Director of the Planning Department shall be the
Secretary of the Planning Advisory Board.
b. Rules and Procedure. The Planning Advisory Board shall
establish rules of procedure necessary to its governance ar.:1 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 Planning Advisory Board and to the
public upon request.
c. pleetinaa. 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
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1 times as the Planning Advisory Board may determine. Meetings that
2 are not regularly scheduled shall not be held without at least ten
3 410) days written notice to each member, provided however that
4 upon concurrence of the Chairman of the Planning Advisory Board
5 and the City Manager, an emergency meeting may be called at any_
6 time. The Planning Advisory Board shall have the power to take
7 testimony under oath.
8 d. Quorum: Public Records. The Planning Advisory Board
9 shall keep minutes of its proceedings, showing the vote of each
10 member, or if absent or failing to vote under Section 3 (e)
11 below indicating such fact.
12 It shall be the responsibility of the Director of the office
13 of Hearing Administration to handle all procedural activities for
14 all public hearings required to be held by the Planning Advisory
15 Board, including the preparation of detailed minutes and official
16 records of such hearings. The official records of such public
17 hearings shall be filed with the City Clerk.
18 It shall be the responsibility of the Secretary of the
19 Planning Advisory Board to maintain records of other public meet-
20 ings of the Board. Records of such meetings shall be maintained
21 in the office of the Planning Department.
22 A quorum for the transaction of business shall be a majority
23 of the total membership of the Planning Advisory Board, but no
24 action to recommend adoption of comprehensive plans or portion or
25 portions thereof, to recommend the amendment of the comprehensive
26 zoning ordinance as set out in Article XXX, "Amendments" of the
27 Comprehensive Zoning Ordinance, or to recommend approval of a site
28 and development plan shall be taken without the concurring votes
29 of at least a majority of the total membership of the Board.
30 e. pisaualification of Members. If any member of the
31 Planning Advisory Board shall find that his private or personal
32 interests are involved in the matter coaxing before the Board, he
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6 raised. No member of the Planning Advisory Board shall appear
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8 Board as agent or attorney for any other person.
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shall, prior to the opening of the hearing on the matter, dis-
qualify 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 about whom the question of disqualification has been
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ARTICLE III -- ZONING BOARD
2 Section A. Ettablishment. There is hereby established a
3 board, to be known as the Zoning Board of the City of Miami, Florida.
4 The Zoning Board shall consist of seven t7, members, to be appointed
5 in the manner set out in Article IV of this Chapter.
6 Section 2. Resonribilities of the Zoning Board:_ Generally.
7 The Zoning Board shall have the following primary areas of respon-
8 sibility:
9 a. It shall serve as an instrument for the hearing of appli-
10 cations for the rezoning of specific properties, as set out in
11 Article XXX of the Comprehensive Zoning Ordinance of the City of
12 Miami. When acting in this capacity, its work shall be deemed
13 advisory and recommendatory, and only advisory and recommendatory,
14 to the City Commission.
15 b. It shall serve as the quasi-judicial instrument for
the hearing of appeals concerning interpretation or administra-
tion of the Comprehensive Zoning Ordinance, for variance under the
18 Comprehensive Zoning Ordinance, or for conditional use under the
19 Comprehensive Zoning Ordinance. It shall perform these functions
20 as set out in this Article and under the applicable laws and
21 regulations of the State of Florida and the City of Miami.
22 c. It shall perform such other functions as may be given
23 it by appropriate action of the City Commission.
24 Section 3. Proceedings: Generally.
25 a. Officers and Voting. The Zoning Board shall select a
26 Chairman and a Vice -Chairman from among its members and may create
27 and fill such other offices as it may determine. A11 members shall
28 be required to vote on matters before the Zoning Board, subject to
29 the provisions of Section 3 (o) below and applicable Florida Statutes.
30 The Secretary of the Zoning Board shall be the Director of
31 the Department of Bearing Administration.
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2 of its affairs, in keeping with the applicable provisions of
3 Florida Law, City Charter, and City ordinances and resolutions.
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7 Such rules of procedure shall be available in written form to
8 persons appearing before the Zoning Board and to the public upon
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10 c. Meetings. The Zoning Board shall hold at least two (2)
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12 on days to be determined by the Board. Other .regularly scheduled
13 meetings may be set by the Board and additional meetings may be
14 held at the call of the Chairman and at such other times as the
15 Zoning Board may determine. Meetings that are not regularly
16 scheduled shall not be held without at least twenty-four (241 hours
17 notice to each member. The Zoning Board shall have the power to
18 take testimony under oath.
19 d. Quorum: Public Records. The Zoning Board shall keep
20 detailed minutes of its proceedings, showing the vote of each
21 member, or if absent or failing to vote under Section 3 (e)
22 below,indicating such fact. The Zoning Board shall keep records
23 of its examinations and other official actions, all of which shall
24 be a public record and filed immediately in the Office of the City
25 Clerk.
26
A quorum for the transaction of business shall consist of
27 four (4) members, a majority of the total membership, but no
28 action to reverse a decision of the Director of the Building
29 Department or to recommend the rezoning of property as set out
30 in Article )OOC of the Comprehensive Boning Ordinance of the City
31 of Miami shall be taken without the concurring votes of at least
32 a majority of the total membership of the Board.
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1 e. Disqualification of Members. If any member of the
2 Zoning Board called on to sit in a particular case, shall find
3 that his private or personal interests are involved in the case
4 coming before the Board, he shall, prior to the opening of the
5 hearing on the cause, disqualify himself from all participation
6 of whatsoever nature in the case; or he may be disqualified by
7 the votes of not less than a majority of the total membership of
8 the Board, not including the member about whom the question of
9 disqualification has been raised. No member of the Zoning Board
10 shall appear before the City Commission, Zoning Board, or Planning
11 Advisory Board as agent or attorney for any other person.
12 Section 4. Hearins Appeals: Notice: Generally. Appeals
13 to the Zoning Board concerning interpretation or administration
14 of the Comprehensive Zoning Ordinance, for variance under the
15 comprehensive Zoning Ordinance, or for conditional use under the
16 Comprehensive Zoning Ordinance may be taken by petition to the
17 Board by any person aggrieved or by any officer, agency, or
18 bureau of the City affected by any decision, determination or
19 requirement of the Director of the Building Department. Such
20 petitions for appeals shall be taken within a reasonable time,
21 not to exceed sixty (60) days, by filing with the Director of
22 the Building Department and with the Office of the Secretary of
23 the Zoning Board a notice of appeal specifying the grounds thereof.
24 The Director of the Building Department shall forthwith transmit
25 to the Zoning Board all papers constituting the record upon which
26 the action appealed from was taken.
27 The Zoning Board shall fix a reasonable time for the hearing
28 of the appeal, give public notice thereof as well as due notice to
29 the parties in interest as required by law, and decide the same
30 within a reasonable time. At the hearing, any party may appear in
31 person or by agent or attorney, subject to the provisions of
32 Section 3 (e) above.
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1 Section 5. 5._ Stav_of Proceedings. An appeal etayr all
2 proceedings in furtherance of action appealed from, unless the
3 Director of the Building Department
4 from whom the appeal is taken certifies to the Zoning board after
5 the notice of appeal is filed with him that, by reasons of facts
6 stated in the certificate, a stay would, in his opinion, cause
7 imminent peril to life and property. In such case proceedings
8 shall not be stayed other than by a court of record on application,
9 on notice of the Director of the Building Department and on due
10 cause shown.
11 Section 6. Powers and Duties: Generally. In accordance
12 with the general statement of Section 2 (m) of this Article, the
13 Zoning Board shall have the power to hear applications for the
14 rezoning of particular properties and to make recommendations
15 thereon to the City Commission, as set out in Article 200C of the
16 Comprehensive Zoning Ordinance.
17 In furtherance of its quasi-judicial functions under
18 Section 2 (b) of this Article, the Zoning Board shall have the
19 following powers and duties:
20 a. Administrative Review. To hear and decide appeals where
21
it is alleged that there is error in any order, requirement, deci-
22 sion, or determination of the Director of the Building Department
23
24
in the enforcement of the Comprehensive Zoning Ordinance of the
City.
25 b. Conditional Uses. To hear and decide such conditional
26 uses as the Zoning Board is specifically authorized to pass on
27 under the terms of the Comprehensive Zoning Ordinance of the City;
28 to decide such questions as are involved in the determination of
29 whether or not conditional uses should be granted; and to grant
30 conditional uses with appropriate conditions and safeguards, or
31 to deny conditional uses when not in harmony with the purpose and
32 intent of the Comprehensive Zoning Ordinance of the City.
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4110
1 c. Variances. To authorize upon appeal such variance
2 from the terms of the Comprehensive Zoning Ordinance of the City
3 as will not be contrary to the public interest where, owing to
4 special conditions, a literal enforcement of the provisions of
5 the Comprehensive Zoning Ordinance of the City would result in
6 unnecessary and undue hardship.
7 Section 7, Variances: Powers; Conditions Governing Petitions;
8 Limitations. A variance from the terms of the Comprehensive Zoning
9 Ordinance shall not be granted by the Zoning Board unless and until:
10 a. Written Petition. A written petition for a variance
11 is submitted demonstrating that:
12 (1) Special conditions and circumstances exist which
13 are peculiar to the land, structure, or building involved
14 and which are not applicable to other lands, structures,
15 or buildings in the same zoning district;
16 (2) The special conditions and circumstances do
17 not result from the actions of the applicant;
18 (3) Literal interpretation of the provisions
19 these zoning regulations would deprive the applicant of
20 rights commonly enjoyed by other properties in the same
21 zoning district under the terms of these zoning regula-
22 tions and would work unnecessary and undue hardship on
23 the applicant;
24 (4) Granting the variance requested will not
25 confer on the applicant any special privilege that is
26 denied by these zoning regulations to other lands, build-
27 ings, or structures in the same zoning district;
28 (5) The variance, if granted, is the minimum
29 variance that will make possible the reasonable use
30 of the land, building, or structure;
31 (6) The grant of the variance will be in harmony
32 with the general intent and purpose of these zoning
of
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4111
1 regulations, will not be injurious to the neighborhood,
2 or otherwise detrimental to the public welfare.
3 Documents, reports, studies, exhibits, or other written or graphic
4 materials, if any, to be used by petitioner in support of the
5 petition and in demonstration of any or all of the above require-
_ 6 manta should be submitted with the petition.
7 b. Notice of Public Hearing. Notice of public hearing
8 shall be given as set out in
9 c. Public Hearing.. The public hearing shall be held by
10 the Zoning Board.
11 d. Findings. The Zoning Board shall make findings that
12 the requirements of Section 7 (a) above have or have not been
13 demonstrated by the applicant for variance.
14 e. Conditions and Safeauarda. In granting any variance,
15 the Zoning Board may prescribe appropriate conditions and safe-
16 guards in conformity with the Comprehensive Zoning Ordinance.
17 Violation of such conditions and safeguards, when made a part
18 of the terms under which the variance is granted, shall be deemed
19 grounds for revocation of the variance or a violation of the
20 Comprehensive Zoning Ordinance.
21 Any variance granted shall expire six (6)
months after the effective date of such action,
23 unless a building permit based upon and incorporating the variance
22
24 is obtained within the aforesaid six (6) months period, or unless
25 the provisions of the variance are adhered to within the aforesaid
26 six (6) months period. However, upon application, the City Manager
27 may, after review and determination that substantial progress has
28 been achieved by the applicant in terms of project planning, extend
29 the expiration date of the variance for an additional period of time
30 not to exceed one (1) year. Said extension re
quest shall be filed
31 with the City Manager two (2) weeks prior to the expiration date of
32 the initial six (6) months effective period of the variance.
4
1 f. limitations on Power'to Grant Variances. Under no
,2 circumstances shall the Zoning Board grant a variance to permit a
3 use not permitted under the terms 'of the Comprehensive Zoning
4 Ordinance in the zoning district involved, or any use expressly
5 or by implication prohobited by the terms of ..he Comprehensive
6 Zoning Ordinance in the said zoning district.
7 No non -conforming use of neighborhing lands, structures, or
8
9
10
11
12
13
14
15
16
buildings in the same zoning district, and no permitted use of
lands, structures, or buildings in any other district shall be
considered grounds for the granting of a variance.
g. Special Authority to Grant Variance for Preservation
of Natural Features. The preservation of trees and other natural
features in the development of land is hereby declared to be in
the public interest, and, if the required standards for such
preservation are met, to justify the urrantin4 of variance for
such preservation. To justify the granting of variance for perser-
17 vation
18
19
20
21
22
23
24
25
26
27
28
29
of natural features, the petitioner must demonstrate:
(1) That the tree or trees or other natural
feature or features is in the buildable area and not
in the yard areas required for development of the site;
and that, in the case of a tree, such tree has a trunk
diameter of six (6) inches or more when measured three
(3) feet above grade. The preservation of rare, historic,
specimen, or valuable trees not having a trunk diameter
of six (6) inches may be considered in peculiar and
exceptional circumstances as a basis for relief.
(2) That the requested variance based on preser-
vation of natural features will be granted only to
regulations for lot area, yards, required offstreet park-
30 ing, or open space standards and not for use, floor area
ratio, percent of lot coverage, minimum floor area,
height.
31 or
32
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1
2 statement setting out the reasons for the hardship,
3 providing evidence demonstrating that the trees or
4 other natural features cannot be relocated; a site
5 plan prepared by a registered surveyor indicating the
6 existing natural features by exact size, common and
7 botanical name and location, and the location of all
8 proposed improvements, including property and setback
9 lines; that such site plan is drawn to a scale of not
10 less than one inch equals sixteen (16) feet and sub-
11 matted in four (4) copies; and that a plant list with
12 an identifying number assigned in the legend to each
13 tree is provided.
14 The procedure and findings necessary to secure a variance under
15 this subsection shall be as for variances generally; provided
16 that in making the findings required by Section 7 (d) above,the
17 Board shall not be bound by the requirement of Section 7 (a) (3).
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
411
(3) That the petitioner has submitted a written
Section 8. Conditional Use: Defined. A conditional use is
a use that would not be appropriate generally or without restriction
throughout a zoning district or classification but which, if con-
trolled as to number, area, location, or relation to the neighbor-
hood, would promote the public health, safety, welfare, morals,
order, comfort, convenience, appearance, prosperity, or the general
welfare. Such uses may be permissible in a zoning district or
classification as conditional uses if specific provision for such
conditional uses is made in the Comprehensive Zoning Ordinance.
Section 9. Conditional Uses; Duties of Zoning Board in
Passing On; Conditions Governing Petitions/ Procedures, Findings.
A conditional use shall not be granted by the Zoning Board unless
and until:
a. Written Petition. A written petition for the conditional
use is submitted indicating the section of the Comprehensive Zoning
1 ,Ordinance under which the conditional use is sought and stating
.2 the grounds on which it is requested, with particular reference to
3 the types of findings which the Zoning Board must make under Sec-
4 tion 9 (d) below. The petition should include material necessary
5 to demonstrate that the grant of conditional use will be in harmony
6 with the general intent and purpose of the Comprehensive Zoning
7 Ordinance, will not be injurious to the neighborhood or to
8 adjoining properties, or otherwise detrimental to the public
9 welfare. Such material may include, but is not limited to, the
10 following where applicable: (1) site plans at an appropriate scale
11 showing proposed placement of structures on the property; provis-
12 ions for ingress and egress of traffic and pedestrians, offstreet
13 parking and offstreet loading areas, refuse and service areas;
14 and required yards and other open spaces;
15 (2) plans showing proposed locations for utilities hook-up;
16 (3) plans for screening and buffering with reference as to type,
17 dimensions, and character; (4) proposed landscaping and provisions
18 for protection of trees and (5) proposed signs and lighting, in-
19 eluding type, dimensions, and character. Where the Comprehensive
20 Zoning Ordinance sets out additional requirements for specific
21 conditional uses, the petition should demonstrate that such additional
22 requirements are met. Documents, reports, studies, exhibits, or other
23 written or graphic materials, if any, to be used by petitioner in
24 support of the petition should be submitted with the petition.
25 b. Notice of Public Hearing. Notice of public hearing
26 shall be given as set in
27 c. Public Bearing.. The public hearing shall be held by
28 the Zoning Board.
29 d. Findings. Before any conditional use shall issue,
30 the Zoning Board shall make a written finding that it is empowered
31 under the section of the Comprehensive Zoning Ordinance described
32 in the petition to grant the conditional use and that the granting
1 of the conditionalse will not adversely affe t the public
.2 interest, welfare, and safety. Before any conditional use shall
3 issue, the Board shall further make.written findings certifying
4 that the additional specific requirements governing the individual
5 conditional use, if any, have been met by the petitioner and that,
6 further, satisfactory provision and arrangement has been made con-
cerning the following matters, where applicable:
8 (1) Ingress and egress to property and proposed
9 structures thereon with particular reference to auto-
10 motive and pedestrian safety and convenience, traffic
11 flow and control, and access in case of fire or catastro-
12 phe;
13
14
15
16
17
18
19
20 (4) utilities, with reference to locations, availa-
21 bility, and compatibility;
22 (5) Screening and buffering with reference to type,
23 dimensions, and character;
24 (6) Signs, if any, and proposed exterior lighting
25 with reference to glare, traffic safety, economic effects,
26 and compatibility and harmony with properties in the
27 district;
28 (7) Required yards and other open space;
29 (8) General compatibility and esthetic compati-
30 bility with adjacent properties and other ro p party in the
31 district;
32 (9) Any special requirements set out in the
(2) Offstreet parking and loading areas, where
required, with particular attention to the items in
(1) above and the economic, noise, glare, or odor effects
of the conditional use on adjoining properties and properties
generally in the district;
(3) Refuse and service areas, with particular
reference
to the items in (1) and (2) above;
1400
Comprehensive Zoning Ordinance for the partiar_con-
2 ditional use involved.
3 e. Cgnditione end Safequards. In granting any conditional
4 uses, the Zoning Board may prescribe appropriate conditions and
5 safeguards in conformity with the Comprehensive Zoning Ordinance.
6 Violation of such conditions and safeguards, when made a part of
7 the terms under which the conditional use is granted, shall be
8 deemed grounds for revocation of the conditional use or a viola-
9 tion of the Comprehensive Zoning Ordinance.
10 Failure to apply for a building permit within six (6)
11 months of the date of the grant of conditional use and to begin
12 construction thereunder shall invalidate the grant of conditional
13 use; provided, upon application, the City Manager may, after review
14 and determination that substantial progress has been achieved by
15 the applicant in terms of project planning, extend the expiration
16 date of the conditional use for an additional period of time not
17 to exceed one (1) year. Said extension request shall be filed
16 with the City Manager two (2) weeks prior to the expiration date
19 of the initial six (6) months effective period of the conditional
20 use.
21 f. Denial. If the Zoning Board shall deny a conditional
22 use, it shall state in its records its reasons for doing so. Such
23 reasons shall take into account the factors stated in subsection (d)
24 above, or such of them as may be applicable to the action of denial,
25 and the particular regulations relating to the specific conditional
26 use requested, if any.
27
28 petition for conditional use on any property, the Zoning Board
29 shall not thereafter consider a petition for the same type of
30 conditional use on all or any part of the same property for a
31 period of one (1) year from the date of denial.
32 Section 10. Zoning Board Has Powers of Director of Building
f. Re -petition. Whenever action has been taken to deny a
110
1 Department Reversin_ Sion of Director of Building Department.
2 In exercising the powers of Section 2 and 4-9 above, the Zoning
3 Board, may, so long as such action is in conformity with the
4 terms of the Comprehensive Zoning Ordinance, reverse or affirm,
5 wholly or partly, or may modify the order, requirement, decision,
6 or determination appealed from and may make such order, require-
7 meet, decision, or determination as ought to be made, and to that
8 end shall have the powers of the Director of the Building Department
9 from whom the appeal is taken.
10 In matters of review, the concurring votes of at least a
11 majority of the total membership of the Zoning Board shall be
12 necessary to reverse any order, requirement, decision, or deter-
13 mination of the Director•of the Building Department, or to decide
14 in favor of the applicant on any matter upon which the Board is
15 required to pass under Sections 2 and 4-9 above.
16 Section 16. Appeals From Decisions of Zoning Board Under
17 Sections 2 (b) and 4-10 Above. Decisions of the Zoning Board under
18
Sections 2 CO) and 4-10 above shall be deemed final unless a request
19 is filed together with the payment of any required fee with the City
20
Commission by the petitioner or by any person or persons, jointly
21 or severally, aggrieved by any decision of the Zoning Board, or by
22 any officer, department, board, commission, or bureau of the City
23 within fifteen (15) days from the date of such Board decision
24 requesting the City Commission to review such decision. The
25 Secretary of the Zoning Board shall certify such request for review
26 to the City Commission through regular channels. The City Commis-
27 sion shall consider such request at a public hearing after giving
28 notice as set out in Section
29 Any person or persons,jointly y, aggrieved by
or severally,
30 any action of the City Commission affirming, modifying, or revers-
31 ing a decision of the Zoning Board, or any officer, department,
32 board, commission, or bureau of the City may seek recourse to the
33 courts as provided by the laws of Florida.
-24-
•
1 , ARTICLE IV -- APPOINTMENT OF MEMBERS OF PLANNING ADVISORY
BOARD AND ZONING BOARD
'2
3 ,Section 1. latent. It is intended that members of the
4 Planning Advisory Board and of the Zoning Board established by
5 this chapter shall be persons of knowledge, experience, mature
6 judgement, and background, having ability and desire to act in
7 the public interest, and representing insofar as may be possible,
8 the various social, demographic, and economic elements of the
9 City. To that end, the following procedures set out in this
10 Article shall be followed in the making of appointments as members
11 of the Planning Advisory Board and of the Zoning Board.
12 Section 2. Size of Boards and Terms of Office. The
13 Planning Advisory Board and the Zoning Board shall each consist of
14 seven (n members to be appointed by the City Commission in the
15 manner and under the standards hereinafter set out. Each member
16 shall be appointed for a term of three (3) years; provided, that
17 of the members of each board first appointed under this Article,
18 three (3) shall be appointed for a term of three (3) years each,
19 two (2) shall be appointed for terms of two (2) years each, and
20 two (2) shall be appointed for terms of one (1) year each, except
21 as set out in Section 10 below.
22 Section 3‘ AAoQtniggent. No appointment shall be made by
23 the City Commission to membership on the Planning Advisory Board or
24 on the Zoning Board until the Commission shall have given notice in a
25 newspaper of general circulation in the City of the vacancies at
26 least thirty (30) days prior to the making of an appointment, and
27 shall have solicited' and encouraged the public and professional
28 or citizen organizations within the area having interest in and
29 knowledge of the planning and plan implementation process to sub,
30 mit names of persons and their qualifications for consideration as
31 prospective appointees of the boards. At least five (5) days
y prior
32 to the making of any appointment, the City Commission shall cause to
-25-
1 have available toe public, and shall publly make announcement
2 of the fact, that the list of names thug submitted, together with
3 a short statement of the qualifications of each person, is pre-
4 pared and available for public inspection and consideration. In
5 reaching decision on appointment, the City Commission shall give
6 due consideration to the names thus submitted.
7 In addition, the City Commission shall, at leant five (5)
8 days prior to the making of any appointment, cause to have available
9 to the public, and shall publicly make announcement of the fact,
10 that the names of prospective nominees submitted by individual
11 City Commissioners and a short statement of qualifications of such
12 persons are available for public inspection and consideration.
13 No person shall be appointed to membership on the Planning
14 Advisory Board or on the Zoning Board, whose name and qualifications
15 have not been made publicly available in the manner set out.
16 Sect,1on 4, Standar4A And 0uali4ications. In reaching de-
17 cision on appointment to a vacancy or vacancies on the Planning
18 Advisory Board or on the Zoning Board, the City Commission shall
19 give due regard -to and be guided by the necessity for, of representa-
20 tion on the boards of (1) geographical sections and areas of the
21 City; (2) social, economic, and demographic characteristics of the
22 City; (3) qualifications, background, experience, and abilities of
23 appointees to fulfill the duties and responsibilities of board
24 membership; (4) prior demonstration by prospective appointees of
25 interest in and concern for planning and planning implementation
26 as may be evidenced by previous attendance at planning and land
27 use control seminars; (5) membership in organisations having the
28 primary aim of the furtherance of dissemination of knowledge of
29 and support of sound planning and implementation programs;
30 (6) other activity evidencing knowledge and interest in the public
31 purposes of planning and plan implementation: (7) potential con-
32 flicts of interest: (8) demonstrated maturity and objectivity of
-26-
1 ,judgement, and (9) needs for expertise, if any, in the membership
•2 of the boards. Appointees shall be persons in a position to re-
3 present the public interest, and no person shall be appointed
4 having personal or private interests likely to conflict with the
5 public interest.
6 No person shall be appointed who has any interest in the
7 profits or emoluments of any contract, job, work, or service for
8 the City. No person shall be appointed who holds any elective
9 office or is employed in a full-time capacity by any governmental
10 authority in Dade County or the City of Miami. Before making any
11 appointment the City Commission shall determine that the person
12 so appointed satisfies the requirements of Section 2-101 through
13 2-108, "Conflict of Interest", Code of Miami; and no person shall
14 be confirmed in appointment who has not filed the statement requir-
15 ed by Section 2-105, Code of Miami. In addition, the Code of Ethics
16 of Metropolitan Dade County shall apply to members of the Planning
17 Advisory Board and of the Zoning Board.
18 Persons appointed shall be electors of the City.
19 No member of the Planning Advisory Board or of the Zoning
20 Board shall be confirmed in his appointment until he shall sign
21
22
23
24
25
26
27
28
29
30
31
32
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 of the Planning
Advisory Board or of the Zoning Board; and failure to meet this
requirement each and every year after assuming board membership
may be deemed grounds for removal under Section 7 below.
Section 5. Reaoointment. A member of the Planning Advisory
Board or of the Zoning Board may be reappointed 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 appointed to fill an unexpired term under Section 6
below or to those members appointed for one (1) or two (2) year
1 terms under Section 2 above, and that such persons may serve two
2 (2) consecutive full three (3) year terms.
3 Section y._ yagancjes. Vacancies in the membership of the
4 Planning Advisory Board or of the Zoning Board shall be filled by
5 the City Commission by appointment in the manner herein set out and
6 for the unexpired term of the member affected.
7 It shall be the duty of the Chairman of the Planning Advisory
8 Board or the Chairman of the Zoning Board, as the case may be, to
9 notify the City Clerk within ten (10) days after a vacancy occurs,
10 and the City Clerk shall promptly transmit such information to the
11 City Commission for appropriate Commission action as set out herein.
12 Section 7. Rejnova],,,• Members of the Planning Advisory Board
13 and of the Zoning Board may be removed for cause by the City Commiss-
14 ion upon the votes of not less than three (3) members of theCommiss-
15 ion, upon written charges and public hearing, if the member affected
16 requests such public hearing.
17 Sectiork 8, Compensation. Members of the Planning Advisory
18 Board and of the Zoning Board shall receive a renumeration of
19 per month; provided, that shall be subtracted from such
20 sum for each official meeting at which the member is not in attend-
21 ance except for duly certified medical reasons. The City Commission
22 shall make provision for the payment of actual and necessary expenses,
23 in accord with City Policy, for the attendance of each member of
24 boards at one City authorized planning seminar or conference each
25 year to be held in the State of Florida.
26
27
28
29
30
31
32
1
2 Sectiop 1. ,$itnb ishment and Fupction: Generally. There
3 is hereby established a Department of Hearing Administration, which
4 shall have the function of providing administratives assistance,
5 as set out herein and in applicable City Ordinance and regulations,
6 to the Planning Advisory Board and to the Zoning Board.
7 Section 2. Atioointmont of Directgrt Qualifigati.ops: SaXapi,
8 The Department of Hearing Administration shall be headed by a
9 Director who shall be appointed by the City Manager. The appointee
10 shall have experience, knowledge, and skill in urban planning and
11 land use control regulation. He shall not be a member of the
12
13 fixed as are the salaries of directors of City Departments, and
14 the City Commission shall make provision for such other employees
15 and financial assistance as may be necessary to the efficient conduct
16 of his office.
17 Section 3. Duties -- Z9nina Board. The Director of the
18
19
20
21
22
23
24
25
26
27
28
29
30
31 of the Office of Hearing Administration shall be responsible for
32 the processing of all public hearings, including notification and
ARTICLE V DEPARTMENT OF HEARING ADMINXSTRATION
Planning Advisory Board or the Zoning Board. His salary shall be
Department of Hearing Administration shall serve as
Secretary and
General Administrative Officer of the Zoning Board. He shall be
responsible for the processing of applications and petitions for
public hearings, necessary notification for public hearings, and
scheduling of public hearings required to be held by the Zoning
Board. He shall attend all meetings of the Zoning Board and shall
furnish to members of the Zoning Board upon request information
and report necessary to the conduct of their business. He shall
provide secretarial assistance for the recording and transcription
of the minutes of the Zoning Board. He shall be responsible for
maintaining all records of the Zoning Board and all such records
shall be public records.
Section 4. Duties -- Piannina Advipory Board. The Director
-29-
1 and scheduling, required to be held the Planning Advisory Board.
by g �"Y
2 He shall attend all public hearings of the Planning Advisory Board and
3 shall furnish to the mothers of the Planning Advisory Board upon
4 request information and report relative to the conduct of such
5 Planning Advisory Board hearings. He shall provide secretarial
6 assistance for the recording and transcription of the minutes of the
7 public hearings required to be held by the Planning Advisory Board.
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
He shall be responsible for maintaining the records of public hear-
ings of the Planning Advisory Board and all such records shall be
public records.
,Section 5. Tenure: Removal. The Director of the Office of
Hearing Administration shall have tenure and be subject to removal
in the same fashion as other directors of departments of City
government.
,Section} 6. Assignment of other Personnel to Aid Planning
Advisory Board and Zoning Board t The City Manager shall assign a
member of the Public works, Planning, and Building Departments to
attend public hearings of the Planning Advisory Board and of the
Zoning Board, to advise the Planning Advisory Board and the Zoning
Board when necessary, and to furnish information, report, and
recommendation upon request of the boards.
The City Attorney shall assign a member of the City Law
Department to attend public hearings of the Planning Advisory
Board and of the Zoning Board, to advise the Planning Advisory
Board and the Zoning Board when necessary, and to furnish in-
formation, report, and recommendation upon request of the boards.
Upon request of the Secretary of the Planning Advisory
Board or of the Secretary of the Zoning Board, the City Manager
and City Attorney may assign representatives of other City
Departments to attend public meetings of the boards and to
furnish information, reports, and recommendations to the boards.
1
41t 2T/CLB VI PUBLIC NOTICE
2 1. Where public notice is required in the administration
3 of the comprehensive planning program as set out in Section 72 of
4 the Charter of the City of Miami and ordinances enacted thereunder,
5 the type and manner of public notice to be given shall be as set
6 out in the ordinance or section of the ordinance for the matter
,7 involved and as set out below.
8 2. Types of Notice. The requirements for the types of
9 public notice are as follows:
10
11
12
13
14
15
16
17
18
19
20
21
a. Newspaper Publication. Publication of public notice in
a newspaper shall consist of publication in (1) a daily newspaper
of the largest general circulation in the City; (2) a daily
newspaper of general circulation in the City devoted primarily to
the reporting of financial, business, industrial, and legal in-
formation, and (3) a newspaper devoted primarily to reporting in-
formation of interest in an area or locality of the City. Such
publication shall be made not less than ten (10) days in advance
of the public hearing.
b. Posting. 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
22 measure at least three (3) square feet in area, shall be of a color
23 distinguishable from the surrounding landscape, and shall contain
24 substantially the following language:
25 A PUBLIC HEARING CONCERNING THE REZONING OF THIS
26 PROPERTY FROM TO WILL BE
27 HELD BY THE (ZONING BOARD, CITY COMMISSION) OF
28 THE CITY OF MSIAMI. CALL (phone number) FOR
29 INFORMATION.
30
or
31 A PUBLIC HEARING INVOLVING A VARIANCE ON THIS ''`a`'
32 PROPERTY TO (short statement of nature of variance
411
requested) WILL BE HELD BY THE (MUM HOARD,
qu )
2 CITY COMMISSION) OF THE CITY OF MIAMI. CALL
3 (phone number) FOR INFORMATION.
4 or
5 A PUBLIC BEARING INVOLVING A CONDITIONAL USE ON
6 THIS PROPERTY FOR THE PURPOSE OF (short statement
7 of nature of request) WILL BE HELD BY THE (ZONING
8 BOARD, CITY COMMISSION) OF THE CITY OF MIAMI.
9 CALL (phone number) FOR INFORMATION.
10 The sign shall be erected in full view of the public on
11 each street side of the said land. Where the property for which
12 rezoning, variance, or conditional use, as the case may be, is
13 sought is landlocked, the agn or signs shall be erected on the
14 nearest street right of way, with an attached notation indicating
15 generally the distance and direction to the property for which
16 rezoning is sought. Where large parcels of property are involved
17 with street frontages extending over considerable distances, as
18 many signs shall.be erected on a street frontage as may be deemed
19 adequate to inform the public.
20 c. Mail Notice. Notice of the time and place of the public
21 hearin3 by the Planning Advisory Board, Zoning Board, or City
22 Corm►ission, as the case may be, shall be sent at least ten (10) days
23 in advance of the hearing by mail to the owner of the subject property
24 or his designated agent or attorney, if any.
25 Notice of the time and place of the public hearing by the
26 Planning Advisory Board, Zoning Board, or City Commission, as the
27 case may be, shall be sent at least ten (10) days in advance of
28 the hearing by mail to all owners of property within three hundred
29 and seventy five (375) feet of the property lines of the land for
30 which the hearing is required. For the purpose of this requirement,
31 the names and addresses of property owners shall be deemed those
32 appearing on the latest tax rolls of the City. The Director of
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1 Hearing Administration shall certify at the time of the public
2 hearing that notice as herein required was given to the persons
3 as named and with addresses shown in his certification by the
4 placing in the mail system of the United States on the date
5 certified the required notice(s)i the certification shall be
6 conclusive of the giving of mail notice and no action taken by
7 the Planning Advisory Board, Zoning Board, or the City Commission,
8 as the case may be, shall be voided by the failure of an individual
9 property owner to receive such mail notice.
10 d. Additional and Optional Notice. The Planning Advisory
11 Board, Zoning Board, or City Commission, as the case may be, may
12 give additional and optional notice as may be deemed proper for
13 the circumstances involved for the particular hearing or hearings,
14 but such additional notice shall not be deemed as legally required.
15 Where such additional or optional notice is given, failure of an
16 individual property owner or groups of property owners or residents
17 to receive or be aware of such notice shall not void any action
18 taken by the Zoning Board, Planning Advisory Board, or the City
19 Commission, as the case may be.
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22
23
24
25
26
27
28
29
30
31
32
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20
•2
3
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6
NOTE
THE FOLLOWING PAGES SET FORTH THE
CHANGES TO "THE COMPREHENSIVE ZONING
ORDINANCE", ARTICLE XOOC -- "AMENDMENTS"
AND WILL IMPLEMENT RELATED PORTIONS
OF THE FOREGOING MATERIAL.
7
8
9
10 ' ARTICLE 3OOC -- AMENDMENTS
11 Section 1. Intent. This Comprehensive Zoning Ordinance,
12 and the official Zoning District maps which are a part of it,
13 may from time to time be amended, supplemented, changed, or
14 repealed. It is the intent of this Article that the Planning Advisory
15 Board and the Zoning 'Board will each serve as advisory and
16 recommendatory instruments --to the City Commission for the
17 specific categories of amendments for which each is responsible
18 and in the manner herein set out.
19 Section 2. Initiation of Proposals for Amendment.
20 A zoning amendment may be proposed by:
21 a. City Commission/
22 b. Planning Advisory Board;
23 c. Zoning Board;
Z4 d. Any other department or agency of the City;
25 e. Any person other than those listed in (a-d) above;
26 provided, however, that no person shall propose an amendment
27 for the rezoning of property (except as agent or attorney for
28 an owner) which he does not own.
29 All proposals for zoning amendments shall be considered
30 first by the Planning Advisory Board or first by the Zoning Board, as
31 may be herein required, in the manner herein set out.
32 All proposals for zoning amendments, whether to be heard
1
1 first by the Planning Advisory Hoard or first by the Zoning Board, shall
2 be submitted in writing to the Director of Hearing Administration;
3 applications under category (e) above shall be notarized by the
4 owner o.! the property or his agent or attorney, together with a
5 statement that the facts as represented in the application are
6 true and correct to the beat of the owner's knowledge or that of
7 his agent or attorney. The application shall be accompanied by
8 all pertinent information required by this Comprehensive Zoning
9 Ordinance and which may be required for proper consideration of
10 the matter, along with the payment of such fees and charges as
11 have been established by the City Commission.
12 In the case of applications under category (e) above,
13 documents, reports, studies, exhibits, or other written or graphic
14 materials, if any, to be used by the applicant in support of the
15 application for zoning amendment should be submitted with and be
16 a part of the application for zoning amendment. The Planning Advisory
17 Board and the Zoning Board may require as a part of their adopted
18
19
20 if such report or study is to be considered by the board in reach-
21 ing decision in the matter.
22 Section 3. Amendments to be Heard by Planning Advisory Board.
23 The Planning Advisory Board shall have responsibility for holding
24 public hearings and making recommendations thereon to City Commission
25 where the proposed amendments are initiated by agencies in categories
26 (a) through (d) of Section 2 of this Article.
27 Section 4. Amendments to be Heard by Zoning Board. The
28 Zoning Board shall have responsibility for holding public hear-
29
30
31
32
33 ministration upo n Pro pos l forAmendment Being Filed. Upon the
rules of procedure that the author or maker of any such report or
study be present at the time of public hearing before the board,
ings and making reconmendationstthereon to City Commission where
the proposed amendments are initiated by persons under category
(e) of Section 2 of this Article.
Section 5. Duty of Director of Department of Hearing Ad-
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1 filing of an applic tion for amendment to this Comprehensive
2 Zoning Ordinance, the Director of the Department of Hearing Ad-
3 ministration shall determine whether the proposed amendment is
4 required to be heard by the Planning Advisory Board under Section
5 3 above or by the Zoning Hoard under Section 4 above. He shall
6 further transmit promptly to the Director of the Department of
7 Planning all papers and supporting documents which constitute the
8 proposal for amendment, together with his statement that the proposed
9 amendment is required to be heard by the Planning Advisory Board or
10 the Zoning Board, as the case may be.
11 In connection with the hearings required to be held on
12 zoning amendments, the Director of the Department of Hearing
13 Administration shall perform those functions set out in Chapter 2,
14 Article , Section , of the Code of Ordinances of
15 the City of Miami, and elsewhere in such Code.
16 Section 6. Public Notice.' No recommendation to the City
17 Commission shall be made by the Planning Advisory Board or the
18 Zoning Board, as the case may be, regarding amendments to this
19 Comprehensive Zoning Ordinance without notice of public hearing
20 being given in the manner required herein.
21 a. Newspaper Publication. Notice of public hearing for
22 zoning amendments, whether to be held by the Planning Advisory Board
23 or the Zoning Board, shall be published in newspapers as' required
24 by Chapter , Article VI, Section 2 (a).
25 b. Notice Where Proposed Amendment Would Change the Zoning
26 Classification of Land and Is Initiated Under Category (e) of Section 2.
27 In addition to the requirement of paragraph (a) above and in the case
28 of an application for the rezoning of land under category (e) of
29 Section 2 above, the requirements of notice in Chapter
30 Article VI, Section 2 (b and c) shall be met.
31 c. Notice Where Proposed Amendment Would Change Zoning
32 Classification of Land Under Categories (a-d) of Section 2 and Section 3.
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1 In addition to the requirement of paragraph above and in the.
� ( )
A
2 case of a proposal for the rezoning of land initiated by agencies
3 in any of the categories (a) through (d) of Section 2 above and
4 where the Planning Advisory Board is required to hear such proposals
5 by the terms of Section 3 above, the requirements of Chapter
6 Article VI, Section 2 (c) shall be met.
7 Section 7. Reference of Applications to Planning Advisory
8 Board for Proposals for Amendments Required to be Heard by the
9 Zoning Board. All proposals for amendments required to be heard
10 by the Zoning Board shall be referred to the Planning Advisory Board
11 and the Planning Advisory Board may, but is not required to do so,
12 make such report, recommendation, and advice in writing to the Zoning
13 Board as it may deem appropriate in the case. The Planning Advisory
14 Board shall not be required to hold a public hearing prior to giving
15 such report, recommendation or advice, but such report, recommendation,
16 or advice shall not be authorized other than in a public meeting of
17 the Planning Advisory Board where such item is a part of a previously
18 prepared agenda of the Planning Advisory Board. The public hearing
19 scheduled before the Zoning Board shall not be delayed or recessed
20 because no report, recommendation, or advice from the Planning
21 Advisory Board has been received in the matter, except upon request
22 from the Planning Advisory Board for such delay and the vote of not
23 less than a majority of the total membership of the Zoning Board to
24 that effect. Lack of a report, recommendation, or advice in the
25 matter by the Planning Advisory Board shall not be deemed by the
26 Zoning Board as constituting either Planning Advisory Board approval
27 or disapproval of the proposed amendment.
28 Section 8. Hearings of Boards and Report to City Com-
29 mission: Time Limits: For a hearing required to be held by the
30 Zoning Board, the Zoning Board shall hold its public hearing
31 within Sixty (60) days from the date the application for
92 amendment is filed in the Office of the Director of the Department
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1
of Hearing Administration. Unless a loner time be mutually
g Y
agreed upon in the matter by the Zoning Board and the City
3 Commission, the Zoning Hoard shall file its recommendation within
4 Thirty (30) days, or, lacking a quorum, within Forty-five (45) days
5 after the public hearing has been held before the Zoning Board.
6 For a hearing required to be held by the Planning Advisory
7 Board, the Planning Advisory Board shall hold its public hearing
8 within Sixty (60) days after the proposal for amendment has been
9 filed in the Office of the Director of the Department of Hearing
10 Administration. Where reports of the City Planning Department or
11 other Departments of the City are requisite to proper considera-
12 tion of the matter, the proposal for amendment shall not be set
13 for public hearing and the time requirement of this paragraph shall
14 not run until such reports have been certified by the appropriate
15 City Department head as being completed or ready for use in the
16 matter. Unless a longer time be mutually agreed upon in the
17 matter by the Planning Advisory Board and City Commission, the
18 Planning Advisory Board shall file its recommendations with the
19 City Commission within Thirty (30) days, or lacking a quorum,
20 within Forty-five (45) days after the public hearing has been
21 held before tha Planning Advisory Board.
22 gection 9. Nature and Reauiraments of Zoning Board Report
23 to City Commission. When pertaining to the rezoning of land under
24 application made under category (e) of Section 2 above, the report
25 and recommendations of the Zoning Board shall show that the Zoning
26 Board has studied and considered, where applicable, whether or not:
27 a. The proposed change is contrary to the established land
28 use pattern:
29 b. The proposed change would create an isolated district
30 unrelated to adjacent and nearby districts/
31 c. The proposed change would materially alter the popu-
32 lation density pattern and thereby increase or overtax the load
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1 on public facilitie'3 such as schools, utilities, streets, etc.,t
d. Existing district boundaries are illogically drawn
3 in relation to existing conditions on the property proposed for
4 change;
5 e. The proposed change would be in conformity or in con-
6 flict with adopted City comprehensive plans or portion or portions
7 thereof, or would require substantial modification of the adopted
8 comprehensive plans or portion or portions thereof;
9 f. Changed or changing conditions make the passage of
10 the proposed change necessary;
11
12
13
14
g. The proposed change will adversely influence living
conditions in the neighborhood;
h. The proposed change will create or excessively
increase traffic congestion or otherwise affect public safety;
15 i. The proposed change will create a drainage problem;
16
j. The proposed change will seriously reduce light and
17 air to adjacent areas;
18 k. The proposed change will adversely affect property
19 values in the adjacent area;
20 1. The proposed change will be a deterrent to the improve-
21 went or development of adjacent property -in accord with existing
22 regulations;
23
m. The proposed change will constitute a grant of special
24 privilege to an individual owner as contrasted with the public
25 welfare;
26 n. There are substantial reasons why the property cannot
27 be used in accord with existing zoning.
28 0. Whether the change suggested is out of scale with the
29 needs of the neighborhood or the City.
30 p. It is impossible to find other adeq
uate sites in the City
31 for the proposed use in districts already permitting such use.
32 Section 10. Nature and Requirements of Planning Advisory
33 Board Report to City Commission. For hearings required under this
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410
1 ,Article to be held the Planning Advisory Board, the report and
1 recommendations of the Planning Advisory Board to City Commission
3 shall show:
4 a. When pertaining to the rezoning of land and where the
5 application has been initiated under categories (a) through (d)
6 of Section 2, above, that the Planning Advisory Board has considered
7 such of the factors set out in Section 9 above as may be applicable
8 in the case;
9 b. When pertaining to other proposed amendments of the
10 Comprehensive Zoning Ordinance, that the Planning Advisory Board
11 considered and studied (1) the need and justification for the pro-
12 posed change; and (2) the relationship of the proposed amendment
13 to the purposes and objectiv<*s of the City's comprehensive plans
14 or portion or portions thereof, with appropriate consideration as to
15 whether the proposed change will further the purposes of the compre-
16 hensive planning program, this Comprehensive Zoning Ordinance, and
17 other City codes, regulations, and actions designed to implement
18 the comprehensive planning program.
19 Section 11. Status of Board Reports and Recommendations.
20 The reports and recommendations of the Planning Advisory Board or
21 the Zoning Board required by Sections 8, 9, or 10 above, as the
22 case may be, shall be advisory only and shall not be binding upon
23 the City Commission. In its deliberations on the reports and recom-
24 mendations in the actions that it may take in regard to them, the
25 City Commission shall consider such of the requirements of Sections
26 9 or 10 as may be applicable to the particular matter before it.
27 Section 12. City Commission: Action on Board Reports. Upon
28 receipt of the report and recommei.dation of the Planning Advisory
29 Board or the Zoning Board, as the case may be, the City Commission
30 shall hold a second public hearing with notice to be given as set
31 out in Section 6 above, as is appropriate to the particular matter.
32 In the case of all proposed changes or amendments, if the
0410
1 .recommendation of the Planning Advisory Board or the Zoning Board, as
x the case may be, is adverse to the proposal, such changes or amend-
3 menta shall not be adopted except by the vote of at least three (3)
4 members of the City Commission.
5 Section 13. Failure of City Commission to Act. If a
6 recommendation of the Planning Advisory Board or the Zoning Board,
7 as the case may be, is not legislatively decided within Ninety (90)
8 days of the date of its receipt by the City Commission, the applica-
9 tion upon which the report and recommendation is based shall be
10 deemed to have been denied, providing the City Commission may
11 refer the application to the Planning Advisory Board or the Zoning
12 Board, as the case may be, for further study. In case of such
13 reference, the City Commission shall set a date certain for the
14 return of a board report to the City Commission.
15 Section 14. Limitations on the Rezoning of Property Under
16 Where Application is Initiated Under Category (e) of Section 2.
17 For applications initiated or proposed to be initiated under
18 category (e) of Section 2 above, the following limitations shall
19 apply:
20 a.' Except where the proposal for the rezoning of property
21 involves an extension of an existing district boundary, no change
22 in the zoning classification of land shall be considered which
23 involves less than forty thousand (40,000) square feet of area or
24 two hundred (200) feet of street frontage.
25 b. Whenever the City Commission has denied an application
26 for the rezoning of property, the Zoning Board shall not there-
27 after:
28 (1) consider any further application for the same rezoning
29 of any part oW all of the _ property for a period
30 of eighteen (18) months from the date of such action;
31 (2) consider an application for any other kind of rezon-
32 ing on any part or all of the same property for a
.. P
eriod f twelve (12) Months from he date of such
action:
c. Whenever the City Commission has changed the zoning
classification of property by amendment, the Zoning Board shall
not thereafter consider any petition for rezoning of all or any
part of the same property for a period of eighteen (18) months from
the date of such action.
Section 15. Waiver of Time Limits. The time limits of
Section 14 (b & c) above may be waived by a vote of not less than
three (3) members of the City Commission when such action is deem-
ed necessary to prevent injustice or to facilitate development of
the City in the context of adopted comprehensive plans or portion
or portions thereof.