HomeMy WebLinkAboutO-081962
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ORDINANCE NO.
8196
AN ORDINANCE CREATING A NEW DEPARTMENT
IN THE CITY OF MIAMI CALLED DEPARTMENT OF
ADMINISTRATION FOR PLANNING AND ZONING
BOARDS, SETTING FORTH THE ESTABLISHMENT
AND FUNCTION OF THE DEPARTMENT; QUALIFICATIONS
FOR THE APPOINTMENT OF A DIRECTOR; THE
SALARY AND THE DUTIES OF THE DIRECTOR;
PROVIDING FOR THE EFFECTIVE DATE; AND
PROVIDING FOR A SEVERABILITY CLAUSE;
DECLARING THIS TO BE AN EMERGENCY MEASURE
AND DISPENSING WITH THE REQUIREMENTS OF
FLORIDA STATUTE 166.041(3)(a). AND DISPENS-
ING 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
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Ti-IEREAS, Ordinance No. 833! :,as passed and adopted
on July 20, 1972,by the Cit_r Cort,:miss_ort which p_ovided for
u charter election to change the Planning and Zoning orocecura
t_'nd,,r S c i or1 72 of the Clarter of th-e City of Miami; aad
Wi:•i 1RZAS, the electors of :: a Miami appro+r ci
the changes in Section 72 of the Charter of the City
Miami, as set out in Ordinance No. 3331; and
WHEREAS, Dr. Earnest Bartley was hired as a
consultant to prepare and recommend a new procedure for
the planning and zoning process within the City of Miami; and
WHEREAS, various citizen groups met to study and
mete 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 or 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 2 of the Code of the City
of Miami be amended by adding a new division, Division 17,
Department of Administration for Planning and Zoning Boards
to read as follows:
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3.7.1/7.740k7N 17. DF,FARTNZar OF ADMINI : ATION FOR ?LAN ING
2 AND ZONING BOARDS
3 Sac`iott2=1Q0..1_Ett.4041i,shttlerktar,d Function:_ r,.enerrlly.
4 There is hereby createda Department of Administration for Planning
5 and Zoning Boards, which shall have the function of providing
6 administrative assistance, as set out herein and in applicable
7 City Ordinance and regulations, to the Planning Advisory Board and
8 to the Zoning Board.
9 Section 2-100.2. Atioointment of Director; Qualifications;
10 Salary. The Department of Administration for Planning and Zoning
11 Boards shall be headad by a Director who shall be appointed by the
12 City Manager. The appointee shall have experience, knowledge
13 and skill in urban planning and land use control regulation. He
14 shall not be a member of the Planning Advisory Board or the Zoning
15 Board. His salary shall be fixed as are the salaries of directors of
16 City Departments, and the City Commission shall make provision for
17 such other employees and financial assistance as may be necessary to
18 the efficient conduct of his office.
19 Section 2-1.O0.3. Duties -- Zoning Board. The Director of the
20 Department of Administration for Planning and Zoning Boards shall serve
21 as Executive Secretary and General Administrative Officer of the Zoning
22 Board. He shall be responsible for the processing of applications and
23 petitions for public hearings, necessary notification for public hear-
24 ings, and scheduling of public hearings required to be held by the
25 Zoning Board. He shall attend all meetings of the Zoning Board and
26 shall furnish to members of the Zoning Board upon request information
27 and reportsnecessary to the conduct of their business. He shall
28 provide secretarial assistance for the recording and transcription of
29 the minutes of the Zoning Board. He shall be responsible for maintain-
30 ing all records of the Zoning Board and all such records shall be
31 public records.
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ST'ctio 2-:L30 4 Dutie --,.:Planning Advisory_ Board.
The Director of the Department of Administration for Planning
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3 .,
and Zoning Boards shall be responsible for the processing or
all public hearings, including notification and scheduling,
required to be held by the Planning Advisory Board. He sh111
attend all public hearings of, the Planning Advisory Board and
shall furnish to the members of the Planning Advisory Board up
request information and reports relative to the conduct of
such Planning Advisory Board hearings. He shall provide 1
secretarial assistance for the recording and transcription of
the minutes of the public hearings required to be held by the
Planning Advisory Board. He shall be responsible for
maintaining the records of public hearings of the Planning
Advisory Board and all such records shall be public records.
Section 2-110.5. Tenure; Removal. The Director of
the Department of Administration for Planning and Zoning
Boards shall have tenure and be subject to removal in the
same fashion as other directors of departments of City
government.
Section 2-100.6. Assignment of Other Personnel to
Aid Planning Advisory Board and Zoning Board. Upon request
The Director of the Department of Administration for Planning
and Zoning Boards, the City Manager and City Attorney may
assign representatives of other City Departments to attend
public meetings of the boards and to furnish information,
reports, and recommendations to the boards.
Section 2. This ordinance is to become effective
on midnight, December 31,1973.
Section 3. It is declared to be the legislative
intent of this body that if any section, subsection,
sentence, phrase or provision of this ordinance is held
invalid, the remainder of the ordinance shall not be
affected.
Section 4. 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 5. 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
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DAVID T. KENNEDY
MAYOR
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally ep.
peered Ruth Giatter who on oath says that she Is
Assistant to the Publisher of the Miami Review and
Daily Record, a daily (except Saturday, Sunday and
Legal Holidays) newspaper published et Miami In
Dade County, Florida; that the attached copy of silver.
tisement, being a Legal Advertisement or Notice In
the matter of Adoption of
Ordinance No. 8196
Re: New Department in the
City of Miami
ptc,
in the XXX Court.
was published In said newspaper in the issues of
October 101 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 hes been entered as
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 n fha said newspaper.
Swom to and subscribed before me this
10th. day of October,. , A.D. 19 73
t - Janet Leo.
Notary Public, State of Florida at Large.
My Commission expires April_15c 1977.
CITY Or MI OH.
I)ADE COUNTY, 11.01t'DA
LEGAL NOTICF.
All Interested %ell take c' l 'e
that on the 4th day '."cf October.
1972 the Commission of the City
of Ailaml. F' lido : 1'ptcd an
.,rdinungu entitled —
AN ORDINANCE CREATING
A NEW DEPARTMENT IN
THE CITY OF' MIAMI
CALLED DEPARTMENT OF
ADMINISTRATION F O R
PLANNING AND ZONING
BOARDS. SETTING FORTH
T H E ESTABLISHMENT
AND FUNCTION OF THE
DEPARTMENT: QUALTFI.
CATIONS FOR THE AP-
POINTMENT OF A DIREC-
TOR: THE SALARY • AND
TITS DUTIES OF THE' r2-
REl�TC ?rt3 FOR
THE E • • E , f VE DATE:
AND PROVIDING FOR A
SEVERABILITY CLAt'SE:
T::ECLARIN1 THIS TO BE
AN EMERGENCY MtEAE-
URE AND D'SPEN.SIN(;
WITH THE REQUIRE-
:dENTS O F FLORIDA
FTATI'TE 1crosi i is I,:
AND DISPENSING «'ITTT ,
THE REQUIREMENT c'F
READING THE SAME ON
TWO SEPARATE DAYS BY
A VOTE OF NOT LEES
THAN FOUR -FIFTHS OF
THE MEMBERS OF THE
COMMISSION
which is dusiinnted
No. S196.
H. D. SOUTHERN
CITY CLERK
CITY OF
MIAMI. FLORIDA
Falk -colon of this notice c n
tt:e 1(.1h clay of Ocloh«r. 1S73.
Ad. N.
Ordinance
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PIIT/rc
9,/10/73
ORDINANCE NO. sy
96
AN ORDINANCE CREATING A NEW DEPARTMENT
IN THE CITY OF MIAMI CALLED DEPARTMENT OF
ADMINISTRATION FOR PLANNING AND ZONING
BOARDS, SETTING FORTH THE ESTABLISHMENT
AND FUNCTION OF THE DEPARTMENT; QUALIFICATIONS
FOR THE APPOINTMENT OF A DIRECTOR; THE
SALARY AND THE DUTIES OF THE DIRECTOR;
PROVIDING FOR THE EFFECTIVE DATE; AND
PROVIDING FOR A SEVERABILITY CLAUSE;
DECLARING THIS TO BE AN EMERGENCY MEASURE
AND DISPENSING WITH THE REQUIREMENTS OF
FLORIDA STATUTE 166.041(3)(a): AND DISPENS-
ING 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
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i .E2L\S, Ordinance 833_ .;as gassed and adootecj
()71 J11.20, 1972,1)7 the C_t Commiss_or. which provided for
S char':or e1 :ctior to change the 7 a.nni g and Zoning procedure
....�_ fiction 72 o ....? 1�1 _r'� the C tti a
- 't!;2 t'! ; ,trtd
t a el tors o.. n: :{__:; _ approva!d
` ._,' c..:i:^.ge$ in Section 72 0t the Cl-la-ter
Miami, as se`. out .in Ordinance No. 3:')31 ; and
WHEREAS, Dr. Earnest Bartle,: was hired as a
consultant to prepare and recommend a new procedure for
the planning and zoning process within the City of Miami; and
WHEREAS, various citizen groups net to study and
na'.<e 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 Cc mission held public
workshops and public hearings on the suggestions and
recommendations presented to it b.' the various groups.
iiOW, T ERc FORE, BE IT ORDAINED BY THE CO3LMISSION
OF THE CITY O^ MIAMI, FLORIDA;
Section 1. That Chapter 2 of the Code of the City
of Miami be amended by adding a new division, Division 17,
Department of Administration for Planning and Zoning Boards
to read as follows:
IV73 17.3ZPA,.T:•t3NT OF ADMINIb TION FOR :MANNING
2 AND BONING BOARDS
s ction
Ps'-
4 There is hereby createda Department of Administration for Planning
5 and 7oning Boards, which shall have the function of providing
6 administrative assistance, as set out herein and in applicable
7 City Ordinance and regulations, to the Planning Advisory Board and
8 to the Zoning Board.
9 Section 2-100.2. Appointment of Director; Qualifications;
10 Salary. The Department of Administration for Planning and Zoning
11 Boards shall be headed by a Director who shall be appointed by the
12 City Manager. The appointee shall have experience, knowledge
13 and skill in urban planning and land use control regulation. He
14 shall not be a member of the Planning Advisory Board or the Zoning
15 Board. His salary shall be fixed as are the salaries of directors of
16 City Departments, and the City Commission shall make provision for
17 such other employees and financial assistance as may be necessary to
18 the efficient conduct of his office.
19 Section 2-100.1. Duties -- Zoning Board. The Director of the
20 Department of Administration for Planning and Zoning Boards shall serve
21 as Executive Secretary and General Administrative Officer of the Zoning
22 Board. He shall be responsible for the processing of applications and
23 petitions for public hearings, necessary notification for public hear-
24 ings, and scheduling of public hearings required to be held by the
25 Zoning Board. He shall attend all meetings of the Zoning Board and
26 shall furnish to members of the Zoning Board upon request information
27 and reportsnecessary to the conduct of their business. He shall
28 provide secretarial assistance for the recording and transcription of
29 the minutes of the Zoning Board. He shall be responsible for maintain-
30 ing all records of the Zoning Board and all such records shall be
31 public records.
32
"13 . 4 Duties Planning Advisory
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ZS
Di.Lec`or of the I ?partmenc of Administration for Planning
and . i1 inq
Board3 shall be responsible for the processing u r
alL public hearings, including notification and scheduling,
rzequiroci to he held by tha Planning Advisory Board. He shall
attend all public hearings of the Planning Advisory Board and
shall furnish to the members of the Planning Advisory Board upoj
request information and reports relative to the conduct of
i
such Planning Advisory Board hearings. He shall provide
secretarial assistance for the recording and transcription of
the minutes of the public hearings required to be held by the
Planning Advisory Board. He shall be responsible for
maintaining the records of public hearings of the Planning
Advisory Board and all such records shall be public records.
Section 2-110.5. Tenure; Removal. The Director of
the Department of Administration for Planning and Zoning
Boards shall have tenure and be subject to removal in the
same fashion as other directors of departments of City
government.
Section 2-100.6. Assignment of Other Personnel to
Aid Planning Advisory Board and Zoning Board. Upon request
The Director of the Department of Administration for Planning
and Zoning Boards, the City Manager and City Attorney may
assign representatives of other City Departments to attend
public meetings of the boards and to furnish information,
reports, and recommendations to the boards.
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5 Section 2. This ordinance is to become effective
6 on midnight, December 31, 1973.
7 Section 3. It is declared to be the legislative
8 intent of this body that if any section, subsection,
9 sentence, phrase or provision of this ordinance is held
10 invalid, the remainder of the ordinance shall not be affected.
11 Section 4. Pursuant to Florida Statute 166.041(3)(b),
12 this ordinance is declared to be an emergency ordinance
13 and the compliance with the requirements of Florida Statute
14 166.041(3)(a) is hereby waived.
15 •"' C f PASSED AND ADOPTED on first and only reading this
!''.f '
16 'y day of 0err S 0,42..1- 1973.
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PREPARED AND APPROVED BY: �l _
23 1 R. Harris T•rner
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25 ; REVIEWED BY:
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MAYOR
Attest:
City Clerk
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Assistant City Attorney
John S. Lloyd
Assistant Director of Law
APPROVED AS TO FORM AND CORRECTNESS:
29
Alan H. Rothstein
30 City Attorney
31 Section 5. That the requirement of reading this
32 ordinance on two separate days be and the same is hereby
33 dispensed with by a vote of not less than four -fifths of
34 the members of the Commission.
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