HomeMy WebLinkAboutO-08195i
ORDINANCE NO.
8195
AN ORDINANCE DELETING CHAPTER 62 OF
THE MIAMI CITY CODE IN ITS ENTIRETY AND
ADOPTING A NEW CHAPTER 62 ENTITLED
PLANNING AND ZONING WHICH PROVIDES FOR
THE PURPOSE AND INTENT AND DEVELOPMENT
OF A COMPREHENSIVE PLANNING PROGRAM AND
THE CREATION OF A PLANNING ADVISORY BOARD;
CREATION OF A ZONING BOARD; PROVIDING FOR
THE PROCEDURE AND DUTIES OF THE PLANNING
ADVISORY BOARD AND THE ZONING BOARD;
PROVIDING FOR THE METHOD OF APPOINTMENT
OF MEMBERS FOR THE PLANNING ADVISORY BOARD
AND ZONING BOARD; PROVIDING FOR THE
COMPENSATION OF THE MEMBERS OF THE
PLANNING ADVISORY BOARD AND ZONING BOARD;
PROVIDING FOR THE METHOD OF NOTICE OF
PUBLIC HEARING FOR CHANGES IN THE COM-
PREHENSIVE PLAN OR FOR HEARINGS UNDER
THIS ORDINANCE AND ORDINANCE NO. 6871;
ESTABLISHING THE FEES FOR PUBLIC HEARING
TO CONSIDER A CHANGE OR MODIFICATION OF
CLASSIFICATION OR REGULATION AFFECTING
PROPERTY; PROVIDING FOR THE ADOPTION OF
SECTION 72 OF THE CHARTER OF THE CITY OF
MIAMI AS AN INTERIM ORDINANCE AS IT
EXISTED PRIOR TO OCTOBER 11, 1972; DECLARING
THIS TO BE AN EMERGENCY MEASURE AND DIS-
PENSING WITH THE REQUIREMENTS OF FLORIDA
STATUTE 166.041(3)(a); PROVIDING FOR THE
EFFECTIVE DATE; AND PROVIDING FOR A
SEVERABILITY CLAUSE,AND DISPENSING WITH
THE REQUIREMENT OF READING THE SAME ON
TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION
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; and
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 ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
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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:
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CHAPTER 62 PLANNING & ZONING
ARTICLE I -- 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,
services, and facilities, (6) provision of necessary utilities,
(7) development of standards for ecological and environmental
quality, (8) planning for conservation, rehabilitation, or
placement of housing, (9) treatment of areas, sites, or
structures of historical or archaeological import and
significance, (10) density of population, (11) methods and
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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, Florida. Under
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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 prepare
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 functional classification thereof,
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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 for 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
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for holding a public hearing or hearings on the plans, or
portion or portions thereof. Notice shall be given of the
public hearing or hearings as set out in Article VI, Section
62-25(a)and (d) of this chapter; in addition, the Planning Advisor
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
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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 recormiendea
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 or hearings 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 plans 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
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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 dis-
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 Planning
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
ordinances.
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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 cften 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
continuing 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.
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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 to be appointed
in the manner 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.
b. To review and to recommend to the City
Commission for adoption and from time to time recommend
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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.
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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 a Vice -Chairman 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 Subsection (e) of this section and applicable Flori.
Statutes.
The Director of the planning Department shall be
the Executive Secretary of the Planning Advisory Board.
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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, 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 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 procedural activities for all 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.
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be Lhe restonsib .ty of the Leecutive Secretar
of the Planning Advisory Board to maintain records of other
public meetings of the Board. Records of such meetings shall
be :maintained in the office of the Planning Department.
A quorum of 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 XXX, "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. Disqualification of Members. If any member of
the Planning Advisory Board 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 about whom the question
of disqualification has been raised. No members 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.
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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 Planning Advisory
Board to advise the Planning Advisory Board when necessary, and
to furnish information, reports and recommendations 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 recommendations upon
request of the board. 15
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ARTICLE III ZONING BOARD
Sett_ion 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, to be appointed in the manner 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 a's 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
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 shall be required to vote on matters before
the Zoning Board, subject to the provisions of Subsection (.a) of
this section and applicable Florida statutes.
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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. 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 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 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.
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es Disqualification of Members. If any member
of the Zoning Board 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 of not less
than a majority of the total membership of the Board, not
including the member about whom the question of disqualification
has been raised. No members 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 in-
formation, reports and recommendations upon request of the
board.
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 XX?C 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;
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(1) Conditi:anal 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 such questions as
are involved in the determination of whether or not conditional
uses should be granted; and to grant conditional uses with
appropriate conditions and safeguards, or to deny conditional
uses when not in harmony with the purpose and intent of the
Comprehensive Zoning Ordinanceof the City.
(2) Variances. To authorize upon application
such variance from the terms of the Comprehensive Zoning
Ordinance of the City of Miami as will not be contrary to
the public interest were, owing to special conditions, a
literal enforcement of the provisions of the Comprehensive
Zoning Ordinance of the City would result in unnecessary
and undue hardship.
(3) To authorize and approve such other
matters as shall be brought before the board pursuant to
the Charter and Code of the City of Miami.
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ARTICLE IV -- APPOINTMENT OF MEMBERS OF PLANNING
r1DVISORY BOARD AND ZONiIVG BOARD
Section 62-16. Intent. It is intenders that members
of the Planning Advisory Board and of the ''oning 3oard
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 appointments 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 to be appointed by the City
Commission in the manner and under the standards hereinafter
set out. Each 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.
Section 62-18. Appointment. No appointment shall
be made by the City Commission to 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
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names of persons and their qualifications for consideration
as prospective appointees 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 on
the Planning Advisory Board or on the Zoning Board, whose
name and qualifications have not been made publicly
available in the manner set out.
Section 62-19. Standards and Qualifications. In
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; (4) prior demonostration by prospective
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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; (8) demonstrated maturity and
objectivity of judgment; and (9) needs for expertise,
if any, in the 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
capacity by any governmental authority in Dade County or the
City of Miami. Before making 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 of the Planning Advisory Board and of the Zoning
Board.
Persons appointed shall be electors of the City.
No 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
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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 62-21 of this article.
Section 62-20. Reappointment. 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 62-21 of this'
article or to those members appointed for one (1) or two(2) year
•
terms under Section 62-17 of this article and -that such -persons 1
serve two (2) consecutive full three (3) year terms..
Section 62-21. Vacancies. Vacancies in the
membership of the Planning Advisory 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 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 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 affected requests such public hearing.
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b. A member 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 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 accord with City Policy, for the attendance
of each member of -boards at one City authorized planning
seminar or -conference each. year to be held in the State of
Florida.
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ARTICLE V PUBLIC NOTICE
Section 62-24. Where public notice is required in
the administration of the comprehensive planning program
as set out in Section 72 of the Charter of the City of g
Miami and ordinances enacted thereunder, the type and manner
Ea
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. Types 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 in the City,•.
(2) a daily newspaper of general circulation
in the City devoted primarily to the reporting of financial,
business, industrial, and legal information, and
(3) a newspaper devoted primarily to reporting
information of interest in an area or locality of the
City.
Such publications shall be made not less than
ten (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 language:
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le.
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A PUBLIC HEARING CONCERNING THE
REZONING OF THIS PROPERTY FROM
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 THE CITY OF MIAMI.
CALL (phone number) FOR INFORMATION.
or
A PUBLIC HEARING INVOLVING A CONDITIONAL
USE ON THIS PROPERTY FOR THE PURPOSE
OF (short statement of nature of request)
WILL BE HELD BY THE (ZONING BOARD, CITY
.C40MISSION) .OF THE CITY OF MIAMI. CALL
(phone 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 public.
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(3; It shall be a misdemeanor in the
second (2) degree punishable pursuant to Florida Statute
775.082 and 775.083 Eor any unauthorized person to
tamper with or remove 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 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 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,
the names and addresses of property owners'shall be deemed
those appearing on the latest tax rolls of the City. The
Director of Administration:for Planning and Zoning.Boards
shall certify at the time of the public hearing that notice
as herein required was given to the persons as named and
with addresses shown on his certification by the placing in
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,
as the case may be, shall be voided by the failure of an
individual property owner to receive such mail notice.
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d. Additional and Optional Notice. The
Planning Advisory Board, Zoning Board, or City Commission,
as the case 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.
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ARTICLE VI
Fees for a public hearing to consider
a change or modification of classification
or regulation 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. :c.
of land area.
For a change to R-4, R-5, R-5A,
of land area.
For. -a change ito C-1, C-1A C-2, -
C-3, C-4, C-5, W-R,
W-I, I-1, I-2.
S 06/sq.
of land area.
The maximum fee for.a change in zoning shall be
$30,000.00.
(b)
Applications for variances) involving a one
or two-family structure in anv zoning
cl:.ssificatior . - $50.00
(c) For :: 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 btiilding(s) located
on the .site
$ 02/sg.
of floor
area.
(d) The application fee for public hearings
for Conditional Uses shall be $300.00
(e) The application fee for vacation of
public right-of-way shall be
( 4 ) $. application fee for Planned Area
Development (;?AD) :.:.all be
$2.00/run-
ning foot of
R/W; mini-
mum $2C0.C'
o.. land
?ha application fee for o a ch
:.ublic not cave: a In its
shall be $
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(h)
The maximum fee to be charged any
governmental agency other than the
City of Miami for any public hearing
shall be $500.00.
Section 62-27 Request for Review. All requests for
review of decisions of the Zoning Board under Article XXXI.
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.
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•
Section 2. Section 72 of the Charter of the City
of Miami, as it existed on October 11, 1972, and prior to the
amcnci;.cnt of s;.::.d Section 72 on October 12, 1972, is hereby
adopted as an interim ordinance of the City of Miami for the
period from the date of passage of this ordinance until
midnight, December 31, 1973. This provision is necessary
to insure a smooth transition to the system of planning and
plan implementation adopted in Section 1 herein and is
authorized under the terms of Section 72 of the Charter of
the City of Miami adopted on October 12, 1972.
Section 3. Article IV, "Appointment of Members
of Planning Advisory Board and Zoning Board", of the new
Chapter 62 of the Code of the City of Miami, set out in
Section 1 of this ordinance, Sections 2, 3, 4, 5, 6 and 7 of
this ordinance shall become effective immediately.
Section 4. All other articles and provisions set out
in Section 1 of this ordinance shall become effective at midnight,
December 31, 1973.
Section 5. 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 6. 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.
31
Section 7. Pursuant to Florida Statute 166,041 (3)(b),
this Ordinance is declared to be an emergency ordinance
and the compliance with the requirements of Florida Statute
166.041 (3)(a) is hereby waived.
Section 8. That the requirement of reading this
ordinance on two separate days be and the same is hereby
dispensed with by a vote of not less than four -fifths of
the members of the Commission.
PASSED AND ADOPTED on first and only reading this
4th day of October, 1973.
H.D. SOUTHERN
CITY CLERK
DAVID T. KENNEDY
MAYOR
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MIAM1 REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE: ggpersonally tip -
peer
ed f Ruth theundersigned
whoe onauthoritythsays thatsheIs
Assistant to the Publisher of the Miami Review and
Daily Record, a daily (except Saturday, Sunday end
Legal Holidays) newspaper published at Miami In
Dade County, Florida; that the attached copy of adver-
tisement, being a Legal Advertisement or Notice In
the matter ofAdoption of Ordinance No. 8195
City of Miami, Florida
Re:
Planning and Zonino, etc.
In the XXX Court,
was published in said newspaper In the issues of
October 10, 1973
Affiant further says that the said Miami Review
and Daily Record is a newspaper published at Miami,
In said Dade County, Florida, and that the said news-
paper has heretofore been continuously published in
said Dade County Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered es
second class mail matter at the post office in Miami,
in said Dade County, Florida, for a period of one year
next preceding the first publication of the attached
copy of advertisement; and affiant further says that
she has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement
for publication in the said newspaper.
.) t-: �,�,` 'yI ( ;� {: -r>
s/
Sworn to and subscribed before me this
10th dill, of October , A.D. 19 73
Janet Leo,
Notary Public, State of Florida at Large.
(SEAL)
My Commission exphgs April 15, 1977.
CITY OF MiAMi,
DAt1E COt'itt, FI.OItIDA
Lf:GAI. NO'CT('E
Alt interested will take notice
that on the 4th day of October,
197:: the Commission of the C;ty
of Miami, Florida adopted an
ordinance entitled —
AN ORDINANCE DELET-
ING CHAPTER 62 OF TI"IF.
MIAMI CITY CODE IN ITS
ENTIRETY AND ADOPT-
ING A NEW CHAPTER 62
ENTITLED PLANNING
AND ZONING WHICH
PROVIDES FOR THE PUR-
POSE AND INTENT AND
DEVELOPMENT OF A
COMPREHENSIVE PLAN-
NING PROGRAM AND THE
CREATION OF A PLAN-
NING ADVISORY BOARD:
CREATION OF A ZONING
BOARD: PROVIDING FOR
THE PROCEDURE AND
DUTIES OF THE PLAN-
NING ADVISORY BOARD
AND TFIE ZONING BOARD:
PROVIDING FOR T H E
-METi1OD 0 F APPOINT-
MENT OF MEMBERS FOR
THE PLANNING ADVISORY
BOARD A N D ZONING
BOARD: PROVIDING FOR
THE COMPENSATION OF
THE MEMBERS OF THE
PLANNING ADVISOR Y
BOARD A N D ZONING
'BOARD: PROVIDING FOR
THE METHOD OF NOTICE
OF PUBLIC HEARING FOR
CHANGES IN THE COM-
PREHENSIVE PLAN OR
Fon 1HEARINGS UNDER
THIS ORDINANCE AND
rT;D:NANCE NO. 07I• FS-
T\BI.ISHING THE FEES
F•?R PUBLIC HEARING TO
CONSIDER A CHANGE OR
MrDIF:CATh'N OF CLASSI-
FICATION OR REGULA-
TION AFFECTING PROP-
ERTY: PROVIDING FOR
THE ADOPTION OF SEC-
TIr: N 72 OF TITE CHARTER
OF THE CITY OF .11TAMI
AS AN INTERIM ORDI-
NANCE AS IT EXISTED
PRIOR TO 0 TOPFR 11.
1972: DECLARING THIS TO
BE AN EMERGENCY 'MEAS-
URE AND DISPENC•*NG
WITH THE REQI'IRE-
rMENTS OF FLORIDA STAT-
UTE 166.041(31 'al: PRO-
VIDING FOR THE EFFEC-
TIVE DATE: AND PRO-
VlL"NG FOR A SEVER
ABILITY CLAUSE.: AND
DISPENSING WITH THE
REQUIREMENT OF READ-
ING THE SAME ON TWO
SEPARATE DAYS BY A
VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE
MEMBERS OF THE CCM-
:M 1SS10N
w9,ieh is designated Ordinance
No. 8195.
H. D. SOUTHERN
CITY CLERK
C"TY OF
MIAM1. FLORIDA
Puh!irntion of this nniire ' n
the 1Gth -day of Ortr,hPr. 1973.
Ad. No. 10356
1
s
RHT/cc
*13 00 3 AM 04
ORDINANCE NO.%
AN ORDINANCE DELETING CHAPTER 62 OF
THE MIAMI CITY CODE IN ITS ENTIRETY AND
ADOPTING A NEW CHAPTER 62 ENTITLED
PLANNING AND ZONING WHICH PROVIDES FOR
THE PURPOSE AND INTENT AND DEVELOPMENT
OF A COMPREHENSIVE PLANNING PROGRAM AND
THE CREATION OF A PLANNING ADVISORY BOARD;
CREATION OF A ZONING BOARD; PROVIDING FOR
THE PROCEDURE AND DUTIES OF THE PLANNING
ADVISORY BOARD AND THE ZONING BOARD;
PROVIDING FOR THE METHOD OF APPOINTMENT
OF MEMBERS FOR THE PLANNING ADVISORY BOARD
AND ZONING BOARD; PROVIDING FOR THE
COMPENSATION OF THE MEMBERS OF THE
PLANNING ADVISORY BOARD AND ZONING BOARD;
PROVIDING FOR THE METHOD OF NOTICE OF
PUBLIC HEARING FOR CHANGES IN THE COM-
PREHENSIVE PLAN OR FOR HEARINGS UNDER
THIS ORDINANCE AND ORDINANCE NO. 6871;
ESTABLISHING THE FEES FOR PUBLIC HEARING
TO CONSIDER A CHANGE OR MODIFICATION OF
CLASSIFICATION OR REGULATION AFFECTING
PROPERTY; PROVIDING FOR THE ADOPTION OF
SECTION 72 OF THE CHARTER OF THE CITY OF
MIAMI AS AN INTERIM ORDINANCE AS IT
EXISTED PRIOR TO OCTOBER 11, 1972; DECLARING
THIS TO BE AN EMERGENCY MEASURE AND DIS-
PENSING WITH THE REQUIREMENTS OF FLORIDA
STATUTE 166.041(3)(a);'PROVIDING FOR THE
EFFECTIVE MATE; AND PROVIDING FOR A
SEVERABILITY CLAUSE) AND DISPENSING WITH
THE REQUIREMENT OF READING THE SAME ON
TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION
(t)
35
WHEREAS, Ordinance No. 3081 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; and
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 ORDAINED 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:
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CHAPTER 62 PLANNING & BONING
ARTICLE I -- COMPREHENSIVE PLANNING
Section 612-.1. Pu-pose and Int?nt. Under authority
conferred by the Constitution and Laws of Florida and Section
72 of the Charter or the City off Miami, i is the intent o
the City to plan for the Ci ty' 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,
ervices, and facilities, (6) provision of necessary utilities,
(7) development of standards for ecological and environmental
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
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policies for encouragement cooperation of private persons
and groups In the development, ! molemen`_a lion , and accomplish-
ment of adopted comprehensive p1_ins, (12) .axing and financial
arrangements and long-range capi_:ai 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, Florida.. Under
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t:- authority off the Ci:y Manager, th= ? anning Department,
as established by Sections 2-61 Through 2-69 of the Code of
21iami, Florida, shall work in close coordination with the
Planning Advisory Board, the Zoning Board, and ocher
appropriate City boards and departments in the preparation,
conduct, review, and implementation of the continuing
comprehensive planning program.
Section 62-4. Effect of ?reviously 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 prepare
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 functional classification thereof,
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;ihicn will, in Accordance with 2xi3ti iq and future needs,
best promote public health, safety, comfort, order, appearance,
convenience, morals, and the general welfare and which
will contribute .o efficiency and economy in the process of
development and future maintenance. h e planning program
shall include plans for :-.:1=ure 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 for 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
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.or ho Lding a public nearing or hearings on Tile plans,
portion :.Jr portions thereof. Notice snail be jtven of the
public hearing or hearings as set out in Ar`.ic1. V'_, Section
62-2 5 (a) and (d) of i hip chapter; 1n I.Cdition, the Planning Advisory
Board may, for the `articular hearing or hearings involved
give such additional notice as it may deem grocer to the
subject of the hearing and circumstances therein 1nVOlV?d.
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 Hoard 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 affi:•:ed as certifying that the requisite hearing
or hearings were held on the dates certified. A copy of the
(7 mprehensive plans, or portion or portions thereof, shall
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be certified to the City Comm1JJ Lon. 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 or hearings 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 plans 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 Punctional Classification thereof. Whenever comprehensive
plans for the City as a whole, or for geographical or
functional classificatJ_ons thereof, have been finally adopted
es set out in Section 62-5 above, then and thenceforth no
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PilbLic street .3cirk; other public way. cround, place,
or space; public building; or public :,tructure or activity,
or quasi public structurt, 'Dr activity not in conformity
with the adopted comorehensive 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 reoort and its statement of aporoval or dis-
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 reoort 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 Planning
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
ordinances,
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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
continuing 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.
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ARTICLE II -- PLANNING ADVISOR ✓ BOARD
section ?cam -a. 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 to be appointed
in the manner sat out in 1RTICLE =V 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.
b. To review and to recommend to the City
Commission for adoption and from time to time recommend
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amendments. and revisions to corrr3rehensive and coordinated
cjen oral plans, or portion or portions thereof, for meeting
present requirements and such future requirements as may
be for,sseen.
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,
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T.rnen duly authorized iv 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 ?lanning Advisory 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 shall be required to vote on
matters before the Planning Advisory Board, subject to the
provisions of Subsection (e) of this section and applicable Florida
Statutes,
The Director of the Planning Department shall be
the Executive Secretary of the Planning Advisory Board.
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b. ?uls dnd Procedure. she 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, 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 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 procedural activities for all 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.
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the ` LannLng ,i7i oiv board to maintain records nor other
-7-yfptic meetings sif the Board. Records oF such meetings shall
`.P Tta i 'tamed in e:he office of the 2i3r:ning Department.
A quorum of 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 ;.hereof, to recommend the
amendment of the comprehensive zoning ordinance as set out
in Article XXX, "Amendments" off 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. Disqualification of Members. If any member of
the Planning Advisory Board 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 about whom the question
of disqualification has been raised. No members of the
Planning Advisory Board shall appear before the City
Commission, Planning Advisory Board, or Zoning Board as
agent or attorney for anv other person.
f. Assianment 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 recommendations 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 recommendations upon
request of the board.
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ARTICLE 11I -- : O II`iG BOARD
Section 52-11 . b11 J::r r =. Ther2 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, to be appointed in the manner 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 X XC 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
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 shall be required to vote on matters before
the Zoning Board, subject to the provisions of Subsection (A of
this section and applicable Florida statutes.
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b. Rules of Procedure. The Zoning Hoard shall
establish rules or procedure necessary to its governance
and the conduct of its affairs, in ::eeoing 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. 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 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 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.
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. scuaL.ifi_ation of '.!embers. If any member
o` the coning Board called on to sit in a :articular case,
shall find that his private or personal interests are
involved in the case coming before t. hoard, 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 about whom the question of disqualification
has been raised. No members 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 in-
formation, reports and recommendations upon request of the
board.
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 XXX 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:
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(1) Co li `i J^a1 Uses. To ::ear and decide
-;uch conditional uses as the Zoning Board 1s specifically
authorized to pass on under the terms off the comprehensive
Zoning Ordinance off the 0 it'i ; to decide such Questions as
•lre involved in the determination of '.whether or not conditional
uses should be rjranted; and t0 grant conditional uses with
appropriate conditions and safeguards, or to deny conditional
uses when not in harmony with the purpose and intent of the
Comprehensive Zoning 0rdinanceof the City.
(2) Variances. To authorize upon application
such variance from the terms of the Comprehensive Zoning
Ordinance of the City of Miami as will not be contrary to
the public interest where, owing to soeciai conditions, a
literal enforcement of the provisions of the Comprehensive
Zoning Ordinance of the City would result in unnecessary
and undue hardship.
(3) To authorize and approve such other
matters as shall be brought before the board pursuant to
the Charter and Code of the City of Miami.
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ARTICLE, IV -- APPOINTMENT CT =:M3i.2S OF PL.A_bNING
ADVISOP.Y BOARD AND ZONING BOARD
Section 62-15. Intent. It is intended that members
of the Planning Advisory Board and of the ''oning 3oard
established by this chacter shall be persons of ':nowledge,
experience, mature judgment, and background, having ability
and desire to act in the public interest, and reoresenting
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 appointments as members of
the Planning Advisory Board and of the Zoning Board.
Section 62-17. Size of Boards and Terns of Office.
The Planning Advisory Board and the Zoning Board shall each
consist of seven (7) members to be appointed by the City
Commission in the manner and under the standards hereinafter
set out. Each 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 terns 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.
Section 62-18. A000intment. ?io appointment shall
be made by the City Commission to 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
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names of persons and their qualifications for consideration
as prospective aopointees of the boards. At least five
(3) days prior to the making of any aopointment, the City
Commission shall cause to hatre 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 (3) 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 on
the Planning Advisory Board or on the Zoning Board, whose
name and qualifications have not been made publicly
available in the manner set out.
Section 62-19. Standards and Qualifications. In
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; (4) prior demonoscration by prospective
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appointees off interest in and concern For planning and
planning implementation as may he 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; (8) demonstrated maturity and
objectivity of judgment; and (9) needs for expertise,
if any, in the 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
capacity by any governmental authority in Dade County or the
City of Miami. Before making 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 of the Planning Advisory Board and of the Zoning
Board.
Persons appointed shall be electors of the City.
No 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
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approved by the City, _'.urine the course or each year he
shall remain a member 13f. the 21anning Advisory Board or of the
Zoning Board; and failure to :-feet this requirement each and
every near after assuming board ;membership may be deemed
grounds for removal under Section 62-21 o= this article.
Section 62-20. Reappointment. 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 62-21 of this
article or to those meripers appointed for one (1) or two(2) year
terms under Section 62-17 of this article and that such persons mL
serve two (2) consecutive full three (3) year terms.
Section 62-21. Vacancies. Vacancies in the
membership of the Planning Advisory 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 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 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 affected requests such public hearing.
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b. A member 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 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 accord with City Policy, for the attendance
of each member of boards at one City authorized planning
seminar or conference each year to be held in the State of
Florida.
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ARTICLE V -- PUBLIC NOTICE
:section 62-21. :there public notice is required in
the administration of the conarehens?ve planning program
as set out in Section 72 of the Charter 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. Types 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 in the City,
(2) a daily newspaper of general circulation
in the City devoted primarily to the reporting of financial,
business, industrial, and legal information, and
(3) a newspaper devoted primarily to reporting
information of interest in an area or locality of the
City.
Such publications shall be made not less than
ten (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 language:
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(3) It shall be a misdemeanor in the
second (2) degree punishable pursuant to Florida Statute
773.082 and 773.083 for' anv unauthorized person to
tamper with or remove 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 tan (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 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 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,
the names and addresses of property owners shall be deemed
those appearing on the latest tax rolls of the City. The
Director of Administration for Planning and Zoning Boards
shall certify at the time of the public hearing that notice
as herein required was given to the persons as named and
with addresses shown on his certification by the placing in
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,
as the case may be, shall be voided by the failure of an
individual property owner to receive such mail notice.
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A PUBLIC HEARING CONCERNING THE
REZONING OF THIS PROPERTY FROM
TO WILL BE HELD BY
THE (ZONING BOARD, CITY COMMISSION)
OF THE CITY OF MLAMI. 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 THE CITY OF MIAMI.
CALL (phone number) FOR INFORMATION.
Or
A PUBLIC HEARING INVOLVING A CONDITIONAL
USE ON THIS PROPERTY FOR THE PURPOSE
OF (short statement of nature of request)
WILL BE HELD BY '1-rik. (ZONING BOARD, CITY
COMMISSION) OF THE CITY OF MIAMI. CALL ■
(phone 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 public.
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Additional and Jntional Notice. The
Planning Advisory Board, Zoning Board, or City Commission,
as the case 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 ootional 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 ta'.{en by the Zoning Board, planning
Advisory Board, or the City Commission, as the case may be.
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:1R'TT_CLE VI
Fees for a aubLic hearing to consider
a change or modification of classification
or regulation 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 zees in the
following amounts:
For a change to R71, R-2, R-3,
R-3A, R-CA $ 02/sq. ft.
of land area.
For a change to R-4, R-5, R-5A,
R-C, R-C3, R-C-1....
For a change �.o
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C-3, C-4, C-5, W-R,
W-I, I-1, I-2
$ 04/sq. ft.
of land area.
$ 06/sq. ft.
of land area.
The maximum fee for a change in zoning shall be
$30,000.00.
(b) Applications for variance(s) involving a one
or two-family structure in any zoning
classification $50.00
(c) For 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 t- proposed buildings) located
on the site $ 02/sq. ft=
of floor
area.
(d) The application fee for public hearings
for Conditional Uses shall be $300.00
(e) The application fee for vacation of
public right-of-way shall be
(f) The application fee for Planned Area
Development (PAD) shall be
(g)
The application fee for each petition
for public hearing not covered in this
section shall be
$2.00/run-
ning foot o,
R/W; mini-
mum $200.00
$ 04/sq.ft.
or land are.
$300.00
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(h) The maximum fee to be charged any
governmental agency other than the
City of Miami for any public hearing
shall be $500.00.
Section 62-27 Request for Review. All requests for
review of decisions of the Zoning Board under Article XXXI,
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.
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Section 2. Section 72 of the Charter of the City
of Miami, as it existed on October 11, 1972, and prior to the
amendment of said Section 72 on October 12, 1972, is hereby
adopted as an interim ordinance of the City of Miami for the
period from the date of passage of this ordinance until
midnight, December 31, 1973. This provision is necessary
to insure a smooth transition to the system of planning and
plan implementation adopted in Section 1 herein and is
authorized under the terms of Section 72 of the Charter of
the City of Miami adopted on October 12, 1972.
Section 3. Article IV, "Appointment of Members
of Planning Advisory Board and Zoning Board", of the new
Chapter 62 of the Code of the City of Miami, set out in
Section 1 of this ordinance, Sections 2, 3, 4, 5, 6 and 7 of
this ordinance shall become effective immediately.
Section 4. All other articles and provisions set out
in Section 1 of this ordinance shall become effective at midnight,
December 31, 1973.
Section 5. 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 6. 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.
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Section 7. Pursuant to Florida Statute 166.041(3)(b),
this ordinance is declared to be an emergency ordinance
and the compliance with the requirements of Florida Statute
166.041(3)(a) is hereby waived.
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PASSED AND ADOPTED on first and only reading this
day of DCTD 0O. , 1973.
PREPARED AND APPROVED BY:
REVIEWED BY:
MAYOR
Attest:
City Clerk
R. Harris Turner
Assistant City Attorney
John S. Lloyd
Assistant Director of Law
APPROVED AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
Section 8. That the requirement of reading this
ordinance on two separate days be and the same is hereby
dispensed with by a vote of not less than four -fifths of
the members of the Commission.