HomeMy WebLinkAboutO-081973
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ORDINANCE NO.
8197
AN ORDINANCE DELETING ARTICLE XXX -
AMENDMENTS OF ORDINANCE NO. 6871, AS
AMENDED, OF THE CITY OF MIAMI AND PRO-
VIDING FOR THE ENACTMENT OF A NEW
ARTICLE XXX - AMENDMENTS; SETTING
FORTH THE METHODS OF AMENDING THE
COMPREHENSIVE ZONING ORDINANCE, THE
AMENDMENTS TO BE HEARD BEFORE THE
PLANNING ADVISORY BOARD; WHICH
AMENDMENTS ARE TO BE HEARD BEFORE THE
ZONING BOARD; PROVIDING FOR THE METHOD
OF PUBLIC NOTICE; PROVIDING FOR THE
METHOD OF HEARING BEFORE THE BOARDS
AND TIME LIMITS; PROVIDING FOR THE
METHODS AND REQUIREMENTS OF REPORTS
FOR HEARINGS BEFORE THE BOARDS AND
THE CITY COMMISSION; PROVIDING FOR
THE STATUS OF BOARD RECOMMENDATIONS;
PROVIDING THAT IF THE CITY COMMISSION
FAILS TO ACT UPON ITS RECOMMENDATIONS
WITHIN NINETY (90) DAYS THE NATTER SHALL
BE DENIED AND TIME LIMITS FOR REHEARING:
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 DIS-
PENSING 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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. -.:{L;3, '3rd r.aiace No. '.)3 i ,. i.; passed ant c1op ,!
oa v' i ._'J, 1972,1y the `,';1 Co'.';: i sitar. which 7CovidAd FO
.i charter election to change the Planning and Zoning procedu-
under Section 72 of tha Charter of the. City o;: Miami; :.rtri
WHEREAS, the el_'ctors olZ t(l.. City 0F
the changes in S- c.`..iort 72 of C.i12 C'hart.2r of t -J City ,)�-
Miami, as set out in Ordinance. iio. 80B1; 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 rzc 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; anc
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, RE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. That Article XXX - AMENDMENTS of
Ordinance No. 6871, as amended, is deleted in its entirety
and a new Article XXX - AMENDMENTS be and it is hereby
enacted to read as follows:
ARTICLE XXX - AMENDMENTS
Section 1. Intont.
(1) This Comprehensive Zoning Ordinance, and
the official Zoning District maps which are a part thereof,
may from time to time be amended, supplemented, changed,
or repealed. It is the intent of this Article that the
Planning Advisory Board and the Zoning Board will each
serve as advisory and recommendatory instruments to the
City Commission for the specific categories of amendments
for which each i:i responsible and in the manner herein
set out.
Section 2. Initiation of Proposals for Amendment.
(1) A zoning amendment may be proposed by:
(a) City Commission:
(b) Planning Advisory Board;
(c) Zoning Board;
(d) Any other department or agency of the City;
(e) Any person other than those listed in
(a-d) above; provided, however, that no person shall
propose an amendment for the rezoning of property except
an owner or attorney for an owner.
(2) All proposals for zoning amendments shall be
considered either by the Planning Advisory Board, or by
the Zoning Board, as may herein be required, in the manner
herein set out.
(3) All proposals for zoning amendments, whether
to be heard first by the Planning Advisory Board or first by
•the Zoning Board, shall be submitted in writing to the
Director of the Department of Administration for Planning
and Zoning Boards. Applications under Section 2(1)(e) of
this Article, shall be notarized by the owner of the property
or his attorney, together with a statement that the facts
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as represented in the application are true and correct to
the best of the owner's knowledge or that of his attorney.
The application shall be accompanied by all pertinent
information required by this Comprehensive Zoning Ordinance
and which may be required for proper consideration of the
matter, along with the payment of such fees as set forth
in Article VI, Section 62-26 of the Miami City Code.
(4) In the case of applications under Section 2(1)(e)
of this Article, documents, reports, studies, exhibits,
or other written or graphic materials, if any, to be used
by the applicant in support of the application for zoning
amendment shall be submitted with and be a part of the
application for zoning amendment. All documents, reports,
studies, exhibits, or other written or graphic materials,
if any, to be used by the City in response to a zoning
amendment, shall be part of the application file at least
three (3) working days prior to the public hearing.
Section 3. Amendments to be Heard by Planning.
Advisory Board.
(1) The Planning Advisory Board shall have
responsibility for holding public hearings and making
recommendations thereon to City Commission where the
proposed amendments are initiated by agencies in Section
2(1) (a) through (d) of this Article.
Section 4. Amendments to be Heard by Zoning_ Board.
(1) The Zoning Board shall have responsibility for
holding public hearings and making recommendations thereon
to City Commission where the proposed amendments are initiated
'by persons under Section 2(1)(e) of this Article.
•
Section 5. Duty of Director of Department oE
Administration for Planning and Zoning Boards upon Proposal
for Amendment being Filed.
(1) Upon the filing of an application Eor amendment
to this Comprehensive Zoning Ordinance, the Director of
the Department of Administration for Planning and Zoning
Boards shall determine whether the proposed amendment is
required to be heard by the Planning Advisory Board under
Section 3 of this Article or by the Zoning Board under
Section 4 of this Article. He shall further transmit
promptly to the Departments of Planning, Law, Building
and Public Works all papers and supporting documents which
relate to the proposal for amendment, together with his
statement that the proposed amendment is required to be
heard by the Planning Advisory Board or the Zoning Board,
as the case may be.
(2) In connection with the hearings required to
be held on zoning amendments, the Director of the Department
of Administration for Planning and Zoning Boards shall
perform those functions set out in Chapter 2, Division 17,
Section 2-100.1 through 2-100.6; Chapter 62;and other
appropriate sections of the Miami City Code.
Section 6. Public Notice.
(1) No recommendation to the City Commission shall
be made by the Planning Advisory Board or the Zoning Board,
as the case may be, regarding amendments to this Comprehensive
Zoning Ordinance without notice of public hearing being
given in the following manner:
(a) Amendments to the zoning map initiated
under Section 2(1) of this Article for public Bearing before
the Planning Acvisory Board or Zoning Board shall be
noticed as set out in Section 62-25 a, b, c, and d of
the Miami City Code.
(b) Any amendment or addition to the text
of this Comprehensive Zoning Ordinance for public hearing
before the Planning Advisory Board shall be noticed as
set out in Section 62-25 a, and d of the Miami City Code.
Section 7. Reference of Applications to Planning
Advisory Board for Proposals for Amendments Required to be
Heard by the Zoning Board.
(1) All proposals for amendments required to be
heard by the Zoning Board shall be referred to the Planning
Advisory Board and the Planning Advisory Board may, but
is not required to do so, make such report, recommendation,
and advice in writing to the Zoning Board as it may deem
appropriate in the case. The Planning Advisory Board
shall not be required to hold a public hearing prior to
giving such report, recommendation or advice, but such
report, recommendation, or advice shall not be authorized
other than in a public meeting of the Planning Advisory Board
where such item is a part of a previously prepared agenda
of the Planning Advisory Board. The public hearing
scheduled before the Zoning Board shall not -be delayed
or recessed because no report, recommendation, or advice
from the Planning Advisory Board has been received in the
matter, except upon request from the Planning Advisory Board
for such delay and the vote of not less than a majority
of the total membership of the Zoning Board to that effect.
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Lack of a report, recommendation, or advice in the matter
by the Planning Advisory Board shall not be deemed by
the Zoning Board as constituting either Planning Advisory
Board approval or disapproval of the proposed amendment.
Section 8. Hearings of Boards and Report to Citv
Commissions Time Limits.
(1) For a hearing required to be held by the
Zoning Board, the Zoning Board shall hold its public hearing
within sixty (60) days from the date the application for
amendment is filed in the Office of the Director of the
Department of Administration for Planning and Zoning
Boards. Unless a longer time be mutually agreed upon in
the matter.by the Zoning Board and the City Commission, the
Zoning Board shall file its recommendation within thirty
(30) days, or, lacking a quorum, within forty-five (45) days
after the public hearing has been scheduled before the
Zoning Board.
(2) For a hearing required to be held by the
Planning Advisory Board, the Planning Advisory Board shall
hold its public_hearing within sixty (60) days after the
proposal for amendment has been filed in the Office of the
Director of the Department of Administration for Planning
and Zoning Boards. Where reports of the City Planning
Department or Other departments of the City are requisite
to proper consideration of the matter, the proposal for
amendment shall not be set for public hearing and the
time requirement of this paragraph shall not run until such
reports have been certified by the appropriate City Department
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head as being completed or ready for use in the matter.
Unless a longer time be mutually agreed upon in the matter
by the Planning Advisory Board and City Commission, the
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Planning Advisory Board shall file its recommendations with
the City Commnission within thirty (30) days, or lacking
a quorum, within forty-five (45) days after the public
hearing has.been scheduled beEore the Planning Advisory
Board.
Section 9. Nature and Requirements of Zoning
Board Report to City Commission.
(1) When pertaining to the rezoning of land under
application made under category (e), paragraph (1), Section 2,
of this Article, the report and recommendations of the
Zoning Board shall show that the Zoning Board has studied
and considered, where applicable, whether or not:
(a) The proposed change is contrary to
the established Land use pattern;
(b) The proposed change would create an
isolated district unrelated to adjacent and nearby districts;
(c) The proposed change would materially
alter the population density pattern and thereby increase
or overtax the load on public facilities such as schools,
utilities, streets, etc.;
(d) Existing district boundaries are illogically
drawn in relation to existing conditions on the property
proposed for change;
(e) The proposed change would be in conformity
or in conflict with adopted City comprehensive plans
or portion or portions thereof, or would require substantial
modification of the adopted comprehensive plans or portion
or portions thereof;
(f) Changed or changing conditions make
the passage of the proposed change necessary;
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(g) The proposed change will adversely
influence living conditions in the neighborhood;
. (h) The proposed change will create or
excessively increase traffic congestion or otherwise affect
public safety;
(i) The proposed change will create a
drainage problem;
(j) The proposed change will seriously reduce
light and air to adjacent areas;
(k) The proposed change will adversely affect
property values in the adjacent area;
(1) The proposed change will be a deterrent
to the improvement or development of adjacent property
in accord with existing regulations;
(m) The proposed change will constitute
a grant of special privilege to an individual owner as
contrasted with the public welfare;
(n) There are substantial reasons why the
property cannot be used in accord with existing zoning.
(o) Whether the change suggested is out of
scale with the needs of the neighborhood or the City.
(p)
It is impossible to find other adequate
sites in the City for the proposed use in districts already
permitting such use.
Section 10. Nature and Requirements of Planning
Advisory Board Report to City Commission.
(1) For hearings required under this Article to
be held by the Planning Advisory Board, the report and
•recommendations of the Planning Advisory Board to City
Commissic!` shall show:
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hzr? thehas uf.?i3 r.. LtL tia t,s1 i.a...'fill
( a ) =.i.r.Touci t d , 7arag :a R 2, '1. _i' 'Y
t- e Planting A 1 . _ _
the factors set 'tut i; ect_-D, 3,Jr'7e as ma;i tg alp icm-al:�
in the case;
( ) Where per _a i:ain to other pr^ o3e d
amendments of the Comprei+e lsive Tailing Ordinance, that
the Planning Advisor/ Board considered and studied;
i.. the ;teed and justification for the
proposed change; and
2. the relationship of the proposed amendment
to the purposes and objectives of the City's comprehensive
plans or portion or portions thereof, with appropriate
consideration as to whether the proposed change will
further the purposes of the comprehensive planninc program.
this Comprehensive Zoning Ordinance, and other City codes,
regulations, and actions designed to implement the
comprehensive planning program.
Section 11. Status of Board Reports and Recommendation,
(1) The reports and recommendations of the
Planning Advisory Board or the Zoning Board required by
Sections 8, 9, or 10 above, as the case may be, shall be
advisory only and shall not be binding upon the City
Commission. In its deliberations on the reports and
recommendations in the actions that it may take in regard
to them, the City Commission shall consider such of the
requirements of Sec:ions 9 or 10 as may be applicable to
the particular matter before it.
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Section12. City Commission: Action on Board
Reports.
(1) Upon receipt of the report and recommendations
of the Planning Advisory Board or the Zoning Board, as
the case may be, the City Commission shall hold a second
public hearing with notice to be given as set out in
Section 62-25 b, c, and d of the Miami City Code.
(2) In the case of all proposed changes or
amendments, if the recommendation of the Planning Advisory
Board or the Zoning Board, as the case may be, is adverse
to the proposal, such changes or amendments shall not be
adopted except by the vote of at least three (3) members
of. the City Cormatss ion .
Section 13. Failure of City Commission to Act.
(1) If a recommendation of the Planning Advisory
Board or the Zoning Board, as the case may be, is not legis-
latively decided within ninety (90) days of the date of its.
receipt by the City Commission, the application upon which
the report and recommendation is based shall be deemed to
have been denied,_,providing the City Commission may refer
the application to the Planning Advisory Board or the Zoning
Board, as the case may be, for further study. In case of
such reference, the City Commission shall set a date certain
for the return of a board report to the City Commission.
Section 14. Limitations on the Rezoning of Property
Under Where Application is Initiated Under Category (e).
Paragraph (1) , of Section 2.
(1) For applications initiated or proposed to be
initiated under category (e), paragraph (1), Section 2, of
this Article, the following limitations shall apply:
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L
k.a)
E::.cep _ where the proposal Eor the
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r*zoning of property involves an extension of 3n ex stirs
district boundary, no change in the zoning classification
of land shall be considered which involves less than
forty thousand (40,000) square feet of area or two hundred
(`'00)
feet of street frontage.
(b) Whenever the City C;.itrnission has denied
an application for the rezoning of property, the Zoning
Board shall not thereafter:
1. consider any further application for
the same rezoning•of any part or all of
the same property for a period of eighteen
• .118).•.months-from the date of such action;
consider- an. application for •an_v other
kind of rezoning on any part or all of
the same property for a period of twelve
(12) months from the date of such action.;
Cc) Whenever.. the City -Commission has changed
the zoning.. -classification of _property by amendment, the : -
Zoning Board shall not thereafter consider any petition for
rezoning of all or--aay par of the -same property for a
period of eighteen (18) months from the date of such action.
Section 15. Waiver of Time Li. -nits.
(1) The time limits of Section 14, Paragraph (1)
(b) & (c) of this Article may be waived by a vote of not
less than three (3) members of the City Commission when such
action is deemed necessary to prevent injustice or to
facilitate development of the City in the context of adopted
comprehensive plans or portion or portions thereof.
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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
DAVID T. KENNEDY
MAYOR
13
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 epy.
peered Ruth Glatter 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 at Miami In
Dade County, Florida; that the attached copy of adver-
tisement. being a Legal Advertisement or Notice In
the matter of
Adoption of Ordinance No. 8197
Re: Enactment of a new
Article XXX - AMENDMENTS,
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.
�ft 'C.t,' t t'
Sworn to and subscribed before me this
10 th dpy of .....Q.ct.Qb.e.x , A.D. 19...7. ..
(SEAL)
My Commission exppi'esAprll_15,"3977.
•
• ��
Janet Leo,
' Notary Public, State of Florida at Large.
CITY OF MIAMI.
lAtlE {o1'NT7, f-'LORtt)A
ILEC.AL. NOTICE
All interested will take notice
that on the 4th day of O^t.her.
'973 the CC tu'i?cinn of the City
of Mianil, Florida adapted nn
ordinance entttied..—
.1N ORDINANCE. DELET-
ING, ARTICLE XXX
A1IENDMENTS OF ORDI-
NANCE NO. eS71. AS
AMENDED, OF THE CITY
OF MIAMI AND PROVID-
ING FOR THE ENACTMENT
OF A NEW ARTICLE XXX
AMENDMENTS; SET-
TING FORTH THE
1TETHODS OF•--Aail NDING
T H E COMPREHENSIVE
ZONING ORDINANCE. THE
AMENDMENTS TO BE
HEARD BEFORE THE
PLANNING ADVISORY
BOARD: WHICH AMEND-
MENTS ARE TO BE HEARD
EF.FrRE TH F. 2nXtNr;
BOARD: PROVIDINIG FOR
THE METHOD OF PUBLIC
NOTICE: PROVIDING FOR
THE 1IETHOD OF HEAR-
ING BEFORE THE BOARDS
AND TIME LIMITS: PP.0-
VIP.ING FOR THE METtT-
(FS AND REQI'IREIIENT.S
OF REPORTS FOR HEAR-
IN(1S BEFORE THE
BI)AP.P; AND THE CiTY
C(-M11ISSTON: PROVIDING
FOR THE STATUS OF
P. O A R D RECOMMENDA-
T.'i N PROVIDING THAT
IF THE OITY CO.1FAfISSION
FAILS TO ACT 'UPON ITS
RECOMMENDATIONS
WITHIN NINETY (90)
DAYS THE MATTER SHALL
BE DENIED: AND TIME
LIMITS FOR REHEARING:
PROVIDING FOR THE
EFFECTIVE DATE: AND
PROVIDING FOR A. SEV-
ERAI;ILITY CLAUSE: DE-
CLARING THIS TO BE .AN
EMERGENCY MEASURE
AND DLSPENSiNG WITH
THE REQUIREMENTS OF
FLORIDA STATUTE
1f1f,.0.11.3T fa): AND DI'S-
PENa'NG WITH THE RE-
CI'IItE.MENT .OF READING
THE S 4 ME ON TWO
SEPARATE "DAYS• T{Y A
•:VOTE Ciro 'PLOT LFSS'rHM
'FOUR -FIFTHS OF THE
MEMBERS OF THE COM-
11M1SSION
which is designated Ordinance
NG. b197.
H. D. SOTJTHERN
CITY CLERK
CITY OF
MI %11I. FLORIDA
Publi'ntion of this notice en
the 1 t:t day of October. 1973.
Ad. No. 10357
uJI Imm ii 11 ii u' ilIi1u
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V20/73
ORDINANCE NO. 1/97
AN ORDINANCE DELETING ARTI2LE
AMENDMENTS OF ORDINANCE NO. 6371, AS
AMENDED, OF THE CITY OZ niAmI AND PRO-
VIDING POP. THE ENACTMENT OF A NEW
ARTICLE XXX - AMENDMENTS; SETTING
FORTH THE METHODS 07 AMENDING THE
COMPREHENSIVE ZONING ORDINANCE, THE
AMENDMENTS TO BE HEARD BEFORE THE
PLANNING ADVISORY BOARD; WHICH
AMENDMENTS ARE TO BE HEARD BEFORE THE
ZONING BOARD; PROVIDING FOR THE METHOD
OF PUBLIC NOTICE; PROVIDING FOR THE
METHOD OF HEARING BEFORE THE BOARDS
AND TIME LIMITS; PROVIDING FOR THE
METHODS AND REQUIREMENTS OF REPORTS
FOR HEARINGS BEFORE THE BOARDS AND
THE CITY COMMISSION; PROVIDING FOR
THE STATUS OF BOARD RECOMMENDATIONS;
PROVIDING THAT IF THE CITY COMMISSION
FAILS TO ACT UPON ITS RECOMMENDATIONS
WITHIN NINETY (90) DAYS THE MATTER SHALL
BE DENIED,AND TIME LIMITS FOR REHEARING;
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)1 AND DIS-
PENSING 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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7-)n q4 C=IiJ3Lb!
a c1.1,.. th
77.. C,-L o= 6,-t:•nL:t, and
th-?, t7A-
7') r.):: C7.i.ate :1E Ctt,#
Miami, as 0,1'7. in 0ttc2 P.,()81;
WHEREAS, •Dr. h"H",idas
consUltent tO ratt,=tt?A and ret.m:tlend a n.,,w Pocedue f
the planning and zoning process within the City of :Y.J.iami; and
WHEREAS', various citizen grlur;s to study and
make recommendations For the chance o= ?ling and
zoning procedure within the Citv o= Miami; and
WHEREAS, the Planning and Zoning Board of the
City of Miarti held public hearings on tha proposed changes
to the Planning and Zonin- ocur wit-h;n Lh Citv o= mien;
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.
1.0W,THEREF0RE, BE IT ORDAINED BY THE COMMISSION
OF THTE CITY OF flIAMI, FLORIDA:
Section 1. That Article XXX - AMENDMENTS of
Ordinance to. 6371, as amended, is deleted in its entirety
and a new Article XXX - kMENDMENTS be and it is hereby
enacted to read as follows:
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!1.\•L'ICLE - -.!4EN_lMEN1S
. ,' ,ti on 1. .
(1) Ti'! s C oi;tprehen31Ve Zoning .. rdi::ance, and
the o L _ icial coning District ;-taps which are a part thereof,
L
i�a+•i L rOm time co time be amended, u moo' a l?nted, changed,
or repealed. It is the intent of this Article that the
Planning Advisory Board and the Zoning 3oard will each
serve as advisory and recommendatory instruments to the
City Commission for the specific categories of amendments
for which each is responsible and in the manner herein
set out.
Section 2. Initiation of Proposals for Amendment.
(1) A zoning amendment may be proposed by:
(a) City Commission;
(b) Planning Advisory Board;
(c) Zoning Board;
(d) Any other department or agency of the City;
(e)
Any person other than those listed in
(a-d) above; provided, however, that no person shall
propose an amendment for the rezoning of property except
an owner or attorney for an owner.
(2) All proposals for zoning amendments shall be
considered either by the Planning Advisory Board, or by
the Zoning Board, as may herein we required, in the manner
herein set out.
(3) All proposals for zoning amendments, whether
to be heard first by the Planning Advisory Loard or first by
.the Zoning Board, shall ba submitted in writing to the
Director of the Department of Administration for Planning
and Zoning Hoards. Applications under Section 2(1) (e) of
this 2,cticle, shall be notarized by th: o'.;nC=r of the ',property
C)' his :it.torn=v, ,.-3,4:nth:=.. ...it:n a seats .. nr pacts
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as roresented in the ,application are true and correct to
Ltd }best`.. C)i the w er ' s :: owledge or that o ` his attorney.
The application shall be accompanied by :all pertinent
information required by this Comprehensive Zoning Ordinance
?nd which may be roC_uir?d for proper consideration eration of the
matter, along with the payment of such tees as set forth
in Article VI, Section 62-26 of the Miami City Code.
(4) In the case of applications under Section 2(1)(e)
of this Article, documents, reports, studies, ehibits,
or other written or graphic materials, if any, to be used
by the applicant in support of the application for zoning
amendment shall be submitted with and be a part of the
application for zoning amendment. All documents, reports,
studies, exhibits, or other written or graphic materials,
if any, to be used by the City in response to a zoning
amendment, shall be part of the application file at least
three (3) working days prior to the public hearing.
Section 3. Amendments to be Heard by Planning
Advisory Board.
(1) The Planning Advisory Board shall have
-responsibility for holding public hearings and making
recommendations thereon to City Commission where the
proposed amendments are initiated by agencies in Section
2(1) (a) through (d) of this Article.
Section 4. Amendments to be Heard by Zoning Board.
(1) The Zoning Board shall have responsibility for
holding public hearings and making recommendations thereon
to City Commission where the proposed amendments are initiated
'by persons under Section 2(1) (•e) or' this Article.
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action 5. Dir2ctor Deoartment of
f-_)r Planh;ng and ':_)nnq 9oards uoon ?roposal
r Amendment being Pj1-1,d.
(I) U7on tha filing -:)f an apolication Thr amendment
to this Comprehensive Zoning 0-ri_nance, the Director of
t Deoartment of Adminisrr,tion =or ?lanning and Loring
Board3 shall determine whether the nroposed amendment is
required to be heard by the Planning Advisory Board under
Section 3 of this Article or by the Zoning Board under
Section 4 of this Article. He shall further transmit
promptly to the Departments of Planning, Law, Building
and Public Works all papers and supporting documents which
relate to the proposal for amendment, together with his
statement that the proposed amendment is required to be
heard bv the Planning Advisory Board or the Zoning Board,
as the case may be.
(2) In connection with the hearings required to
be held on zoning amendments, the Director of the Department
of Administration for Planning and Zoning Boards shall
perform those functions set out in Chapter 2, Division 17,
Section 2-100.1 through 2-100.6; Chapter 62;and other
appropriate sections of the Miami City Code.
Section 6. Public Notice.
(1) No recommendation to the City Commission shall
ba made by the Planning Advisory Board or the Zoning Board,
as the case may be, regarding amendments to this Comprehensive
Zoning Ordinance without notice of public hearing being
given in the following manner:
(a)
Amendments to the :oning map initiated
under Section 2(1) of this Article for public .,learing before
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the Planning ,dvisory Poard or nina 3oard shall be
noticed as set out in Section 62-25 a, b, c, nd d of
th- Miami City Cod?.
(b) Any rtiendment or addition to the toxt
of this Comprehensive Zoning Ordinance far public hearing
before the Planning Advisory Board shall be noticedas
set out in Section 62-25 a, and d of the Miami City Code.
Section 7. Reference of Annlications to Planning
Advisory Board for Proposals for Amendments Required to be
Heard by the Zoning Board.
(1) All proposals for amendments required to be
heard by the Zoning Board shall be referred to the Planning
Advisory Board and the Planning Advisory Board may, but
is not required to do so, make such renort, recommendation,
and advice in writing to the Zoning Board as it may deem
appropriate in the case. The Planning Advisory Board
shall not be required to hold a public hearing prior to
giving such report, recommendation or advice, but such
report, recommendation, or advice shall not be authorized
other than in a public meeting of the Planning Advisory Board
where such item is a part of a previously prepared agenda
of the Planning Advisory Board. The public hearing
scheduled before the Zoning Board shall not -be delayed
or recessed because no report, recommendation, or advice
Erom the Planning Advisory Board has been received in the
matter, except upon request from the Planning Advisory Board
For such delay and the vote of not less than a majority
of the total membership of the Zoning Board to that effect.
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L_1C,i J F a port, roco nendati gin, or advice in the i tter
by the P1,anninq Advisory :3oard shall :not be deemed by
the Zoning Board :as constituting either Planning Advisory
Board approval or disapproval of the proposed amendment.
Section 3. Hearings off 7,oards and ?eoor't to City
Commission: Time r,i::lits .
(1) For a hearing required to be held by the
Zoning Board, the Zoning Board shall hold its public hearing
within sixty (60) days from the date the application for
amendment is filed in the Office of the Director of the
Department of Administration for Planning and Zoning
Boards. Unless a longer time be mutually agreed upon in
the ;natter_Dy the Zoning Board and the City Commission, the
Zoning Board shall file its recommendation within thirty
(30) days, or, lacRing a quorum, within forty-five (45) days
after the public hearing has been scheduled before the
Zoning Board.
(2) For a hearing required to be held by the
Planning Advisory Board, the Planning Advisory Board shall
hold its public hearing within sixty (60) days after the
proposal for amendment has been filed in the Office of the
Director of the Department of Administration for Planning
and Zoning Boards. Where reports of the City Planning
Department or other departments of the City are requisite
to groper consideration_ of the matter, the proposal for
amendment shall not be set for public hearing and the
time requirement of this paragraph shall not run until such
reports have been certified by the appropriate City Department
head as being completed or ready for use in the matter.
Unless a longer time e mutually agreed upon in the matter
)y 17. Planning Advii 7ir-i P,o:.;d and City Commission, the
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_.Xining Advisory j73.1_'1. Tha11 12 its rocommen-lationswith
the CU7.7 Commission . i .', n thirty ( i i a_rs, or lacking
_i iluor,am, within i'or ^jve (1-5) 1a rs alter the ;public
hearing has-been sch=c;:zled is re :.'1arning Advisory
3card.
Section 9. Th,, :ur3 and -'-=cu=-e ent3 7 - ?Onina
Do rd Report to City Commission.
(1) :men pertaining to the rezoning of land under
application made under category (e), paragraph (1), Section
of this Article, the report and recommendations of the
Zoning Board shall show that the Zoning Board has studied
and considered, where applicable, whether or not:
(a) The proposed chance is contrary to
the established land use pattern;
(b) The proposed change would create an
isolated district unrelated to adjacent and nearby districts;
(c) The proposed change would materially
alter the population density pattern and thereby increase
or overtax the load on public facilities such as schools,
utilities, streets, etc.;
(d) Existing district boundaries are illogically
drawn in relation to existing conditions on the property
proposed for change;
(e) The proposed change would be in conformity
or in conflict with adopted City comprehensive plans
or portion or portions thereof, or would reauire substantial
modification of the adopted comprehensive plans or portion
or portions thereof;
(r) Changed or changing conditions make
the passage of the proposed change necessary;
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(.) " e proposed charge
tll aclverselv
i.n_ 'aence living conditions in the neighborhood;
('-?) The pr:?posed change will create or
excessively increas a E ftc congestion or otherwise affect
rJublic safety;
(.L) The proposed change will create a
drainage problem;
(j) The proposed change will seriously reduce
light and air to adjacent areas;
(k) The proposed change will adversely affect
property values in the adjacent area;
(1) The proposed change will be a deterrent
to the improvement or development of adjacent property
in accord with existing regulations;
(i.i) The proposed change will constitute
a grant of special privilege to an individual owner as
contrasted with the public welfare;
(n) There are substantial reasons why the
property cannot be used in accord with existing zoning.
(o) Whether the change suggested is out of
scale with the needs of the neighborhood or the City.
(p) It is impossible to find other adequate
sites in the City for the proposed use in districts already
permitting such use.
Section 10. Nature .nd Reauirements of Planning
Advisory IJoard Report to City Commission.
(1) For hearings required under this Article to
be held by the Planning Advisory Board, the report and
recommendations of the Planning Advisory Board to City
Co: raissicL' shall show;
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(a) pertaining `:'1a rezoning of land
h e :?poli:.tion ['a3 ..=en. !t i iced under categories
1 i (1 ` ti on of this article,
(;2 .':rC�tlyfl � �� , � :i"' ;'�1r'a'_?i? -! � �'-�=- 2,
i:..;` the Planning ��-;sOrs 3rd has considered ::,uch of
i'`e :a.`_3r3 set o'.It :in : - ct _on '; above as may be applicable
'':'?? ca3e;
(h) 1'r!ere pertaining to other proposed
amendments of the Comorehensiy'= Zoning Ordinance, that
the Planning :advisory Board considered and studied;
1. the need and justification for the
proposed change; and
2. the relationship of the proposed amendment
to the purposes and objectives of the Citv's comprehensive
plans or portion or portions _hereof, with appropriate
consideration as to whether the proposed change will
further the purposes of the comprehensive planning program,
this Comorehensive Zoning ordinance, and other City codes,
regulations, and actions designed to implement the
comprehensive planning program.
Section 11. Status of Board Reports and Recommendations
(1) The reports and recommendations of the
Planning Advisory Board or the Zoning Board required by
Sections 8, 9, or 10 above, as the case may be, shall be
advisory only and shall not be binding upon the City
Commission. In its deliberations on the reports and
recommendations in the actions that it rat' take in regard
to them, the City Commission shall consider such of the
requirements of Sections 9 or 10 as may he applicable to
the particular matter before it.
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Section 12. City Commission: Action or. Board
Upon r ,cei7t of the report and r°'correndations
of the Planning Advisory '3oar'd or the Zoning Board, as
the case May be, the City Commission shall hold a second
public hearing with notice to be given as set out in
Section 62-25 b, c, and d of the Miami City Code.
(2) In the case of all proposed changes or
amendments, if the recommendation of the Planning Advisory
Board or the Zoning Board, as the case may be, is adverse
to the proposal, such changes or amendments shall not be
adopted except by the vote of at least three (3) members
of the City Commission.
Section 13. Failure of City Commission to Act.
(1) If a recommendation of the Planning Advisory
Board or the Zoning Board, as the case may be, is not legis-
latively decided within ninety (90) days of the date of its,
receipt by the City Commission, the application upon which
the report and recommendation is based shall be deemed to
have been denied,_ providing the City Commission may refer
the application to the Planning Advisory Board or the Zoning
Board, as the case may be, for further study. In case of
such reference, the City Commission shall set a date certain
for the return of a board report to the City Commission.
Section 14. Limitations on the Rezoning of Property
Under Where Application is Initiated Under Category (e) ,
Paragraph (1) , o f Section 2.
(1) For applications initiated or proposed to be
irc:iti at2d under category (e) , paragraph (1) , Section 2, of
this Article, the following limitations shall apply:
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--yropc)±;aL for tne
7=2on:na -_ItooPr4-7
bound3.r7, no ,..2n_ince n :172ning 7:Lassification
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1..and snaiL be consi?r7.? th=n
-T)rt7 thousand 40,6C0) :y.r two h.:71'4r7.,4
:.1) fr=tare.
(o) ',.rhrlr •.-.,=!nission 1-1=s CanLd
an aoiication for the razonin; oroPertv, Zoning
3oard shall not thereafter:
1. consider any further aoplication for
the same rezoning of any tart or all of
the same propertY for a oeriod of eighteen
(18). months from the date of such action;
2. -consider an aonlicatIon for anv other
kind of rezoning on any part or all of
the same property for a period of twelve
(12) months from the data of such action;
Cc) Whrt.,.v.=r the City Commission has changed
the zoning classification of _orooerty bv amendment, the
Zoning Board shall not thereafter consider env teti-tion For
rezoning of all or any part of oronertv for a
period of eighteen (18) months f-om th of such action.
Section 15. Waiver o4 r"41.
(1) The time limits of Section 1-4, Paragraoh (1)
(b) & (c) oF this Article may be W?i79C. by roe o not
1-s3 than three (3) member3 of the :_:o7-13sion when such
action is deemed necessary to pray-..nt '-iastico or to
Cacilitate development •of tha City Ln -h= con",=xt of adopted
comprehensive .ons or portion or oortions thereot.
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Section 2. This oc iifldnce is Lo become effective
on midnight, December 3 i, 1073.
Section 3. It 13 d�clarec2 to be the legislative
intent of this body that '_ ` 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.
PASSED AND ADOPTED on first and only reading this
IV day of QC40/ JEAL--, 1973.
PREPARED AND APPROVED BY:
REVIEWED BY:
MAYOR
Attest:
City Clerk
Assistant City Attorney
John S. Lloyd
Assistant Director of Law
APPROVED AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
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.
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ORDINANCE NO.
8197
AN ORDINANCE DELETING ARTICLE XXX -
AMENDMENTS OF ORDINANCE NO. 6871, AS
AMENDED, OF THE CITY OF MIAMI AND PRO-
VIDING FOR THE ENACTMENT OF A NEW
ARTICLE XXX - AMENDMENTS ; SETTING
FORTH THE METHODS OF AMENDING THE
COMPREHENSIVE ZONING ORDINANCE, THE
AMENDMENTS TO BE HEARD BEFORE THE
PLANNING ADVISORY BOARD; WHICH
AMENDMENTS ARE TO BE HEARD BEFORE THE
ZONING BOARD; PROVIDING FOR THE METHOD
OF PUBLIC NOTICE; PROVIDING FOR THE
METHOD OF HEARING BEFORE THE BOARDS
AND TIME LIMITS; PROVIDING FOR THE
METHODS AND REQUIREMENTS OF REPORTS
FOR HEARINGS BEFORE THE BOARDS AND
THE CITY COMMISSION; PROVIDING FOR
THE STATUS OF BOARD RECOMMENDATIONS;
PROVIDING THAT IF THE CITY COMMISSION
FAILS TO ACT UPON ITS RECOMMENDATIONS
WITHIN NINETY (90) DAYS THE MATTER SHALL
BE DENIED;AND TIME LIMITS FOR REHEARING;
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 DIS-
PENSING 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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ORDINANCE NO.
8197
AN ORDINANCE DELETING ARTICLE XXX -
AMENDMENTS OF ORDINANCE NO. 6871, AS
AMENDED, OF THE CITY OF MIAMI AND PRO-
VIDING FOR THE ENACTMENT OF A NEW
ARTICLE XX X - AMENDMENTS; SETTING
FORTH THE METHODS OF AMENDING THE
COMPREHENSIVE ZONING ORDINANCE, THE
AMENDMENTS TO BE HEARD BEFORE THE
PLANNING ADVISORY BOARD; WHICH
AMENDMENTS ARE TO BE HEARD BEFORE THE
ZONING BOARD; PROVIDING FOR THE METHOD
OF PUBLIC NOTICE; PROVIDING FOR THE
METHOD OF HEARING BEFORE THE BOARDS
AND TIME LIMITS; PROVIDING FOR THE
METHODS AND REQUIREMENTS OF REPORTS
FOR HEARINGS BEFORE THE BOARDS AND
THE CITY COMMISSION; PROVIDING FOR
THE STATUS OF BOARD RECOMMENDATIONS;
PROVIDING THAT IF THE CITY COMMISSION
FAILS TO ACT UPON ITS RECOMMENDATIONS
WITHIN NINETY (90) DAYS THE MATTER SHALL
BE DENIEDJAND TIME LIMITS FOR REHEARING;
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 DIS-
PENSING 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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'3rci:-. .- ce No. :J )3L '::;s passed a._:: :l�J_]: '•:i
o- July l), 1972, iy the City C.^.7tMi33icr .i.' c t . rj "or
a charter election to change the Planning and Zoning pcacedw,
under Section 72 of Charter of Lhe ' itv lei: Miami; and
WWARE'_ , the elactors o `h,? City o '•'I _l:`i1
tha c.: ngas in Section 72 of :ha C1 :rtar of th:? J`.
Miami, as set out in Ordinance No. 8031; and
WHEREAS, Dr. Earnest Bartley was hired as a
1
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
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; am
WHEREAS, the Miami City Commission held public
workshops and public hearings on the suggestions and
recommendations presented to it by the various groups.
N0W, T? EREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. That Article XXX - AMENDMENTS of
Ordinance No. 6871, as amended, is deleted in its entirety
and a new Article XXX - AMENDMENTS be and it is hereby
enacted to read as follows:
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ARTICLE XXX - AMENDMENTS
Section 1. Int`nt..
(1) This Comprehensive Zoning Ordinance, and
the official Zoning District maps which are a part thereof,
may from time to time be amended, supplemented, changed,
or repealed. It is the intent of this Article that the
Planning Advisory Board and the Zoning Board will each
serve as advisory and recommendatory instruments to the
City Commission for the specific categories of amendments
for which each i:i responsible and in the manner herein
set out.
Section 2. Initiation of Proposals for Amendment.
(1) A zoning amendment may be proposed by:
(a) City Commission;
(b) Planning Advisory Board;
(c) Zoning Board;
(d) Any other department or agency of the City;
(e) Any person other than those listed in
(a-d) above; provided, however, that no person shall
propose an amendment for the rezoning of property except
an owner or attorney for an owner.
(2) All proposals for zoning amendments shall be
considered either by the Planning Advisory Board, or by
the Zoning Board, as may herein be required, in the manner
herein set out.
(3) All proposals for zoning amendments, whether
to be heard first by the Planning Advisory Board or first by
.the Zoning Board, shall be submitted in writing to the
Director of the Department of Administration for Planning
and Zoning Boards. Applications under Section 2(1)(e) of
this Article, shall be notarized by the owner of the property
or his attorney, together with a statement that the facts
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as represented in the application are true and correct to
the best of the owner's knowledge or that of his attorney.
The application shall be accompanied by all pertinent
information required by this Comprehensive Zoning Ordinance
and which may be required for proper consideration of the
matter, along with the payment of such fees as set forth
in Article VI, Section 62-26 of the Miami City Code.
(4) In the case of applications under Section 2(1)(e)
of this Article, documents, reports, studies, exhibits,
or other written or graphic materials, if any, to be used
by the applicant in support of the application for zoning
amendment shall be submitted with and be a part of the
application for zoning amendment. All documents, reports,
studies, exhibits, or other written or graphic materials,
if any, to be used by the City in response to a zoning
amendment, shall be part of the application file at least
three (3) working days prior to the public hearing.
Section 3. Amendments to be Heard by Planning
Advisory Board.
(1) The Planning Advisory Board shall have
responsibility for holding public hearings and making
recommendations thereon to City Commission where the
proposed amendments are initiated by agencies in Section
2(1) (a) through (d) of this Article.
Section 4. Amendments to be Heard by Zoning Board.
(1) The Zoning Board shall have responsibility for
holding public hearings and making recommendations thereon
to City Commission where the proposed amendments are initiated
'by persons under Section 2(1)(e) of this Article.
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Section 5. Duty of Director of Department oE,
Administration for Planning and Zoning Boards upon Proposal
for Amendment being Filed.
(1) Upon the filing of an application for amendment
to this Comprehensive Zoning Ordinance, the Director of
the Department of Administration for Planning and Zoning
Boards shall determine whether the proposed amendment is
required to be heard by the Planning Advisory Board under
Section 3 of this Article or by the Zoning Board under
Section 4 of this Article. He shall further transmit
promptly to the Departments of Planning, Law, Building
and Public Works all papers and supporting documents which
relate to the proposal for amendment, together with his
statement that the proposed amendment is required to be
heard by the Planning Advisory Board or the Zoning Board,
as the case may be.
(2) In connection with the hearings required to
be held on zoning amendments, the Director of the Department
of Administration for Planning and Zoning Boards shall
perform those functions set out in Chapter 2, Division 17,
Section 2-100.1 through 2-100.6; Chapter 62;and other
appropriate sections of the Miami City Code.
Section 6. Public Notice.
(1) No recommendation to the City Commission shall
be made by the Planning Advisory Board or the Zoning Board,
as the case may be, regarding amendments to this Comprehensive
Zoning Ordinance without notice of public hearing being
given in the following manner:
(a) Amendments to the zoning map initiated
under Section 2(1) of this Article for public aiearing before
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the Planning Acv►isory Board or Zoning Board shall be
noticed as set out in Section 62-25 a, b, c, and d of
the Miami City Code.
(b) Any amendment or addition to the text
of this Comprehensive Zoning Ordinance for public hearing
before the Planning Advisory Board shall be noticed as
set out in Section 62-25 a, and d of the Miami City Code.
Section 7. Reference of Applications to Planning
Advisory Board for Proposals for Amendments Required to be
Heard by the Zoning Board.
(1) All proposals for amendments required to be
heard by the Zoning Board shall be referred to the Planning
Advisory Board and the Planning Advisory Board may, but
is not required to do so, make such report, recommendation,
and advice in writing to the Zoning Board as it may deem
appropriate in the case. The Planning Advisory Board
shall not be required to hold a public hearing prior to
giving such report•, recommendation or advice, but such
report, recommendation, or advice shall not be authorized
other than in a public meeting of the Planning Advisory Board
where such item is a part of a previously prepared agenda
of the Planning Advisory Board. The public hearing
scheduled before the Zoning Board shall not -be delayed
or recessed because no report, recommendation, or advice
from the Planning Advisory Board has been received in the
matter, except upon request from the Planning Advisory Board
for such delay and the vote of not less than a majority
of the total membership of the Zoning Board to that effect.
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Lack of a report, recommendation, or advice in the matter
by the Planning Advisory Board shall not be deemed by
the Zoning Board as constituting either Planning Advisory
Board approval or disapproval of the proposed amendment.
Section 8. Hearings of Boards and Report to City
Commission: Time Limits.
(1) For a hearing required to be held by the
Zoning Board, the Zoning Board shall hold its public hearing
within sixty (60) days from the date the application for
amendment is filed in the Office of the Director of the
Department of Administration for Planning and Zoning
Boards. Unless a longer time be mutually agreed upon in
the matter.by the.Zoning Board and the City Commission, the
Zoning Board shall file its recommendation within thirty
(30) days, or, lacking a quorum, within forty-five (45) days
after the public hearing has been scheduled before the
Zoning Board.
(2) For a hearing required to be held by the
Planning Advisory Board, the Planning Advisory Board shall
hold its public.. hearing within sixty (60) days after the
proposal for amendment has been filed in the Office of the
Director of the Department of Administration for Planning
and Zoning Boards. Where reports of the City Planning
Department or Other departments of the City are requisite
to proper consideration of the matter, the proposal for
amendment shall not be set for public hearing and the
time requirement of this paragraph shall not run until such
reports have been certified by the appropriate City Department
head as being completed or ready for use in the matter.
Unless a longer time be mutually agreed upon in the matter
by the Planning Advisory Board and City Commission, the
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Planning Advisory Board shall file its recommendations with
the City Commission within thirty (30) days, or lacking
a quorum, within forty-five (45) days after the public
hearing has-been scheduled before the Planning Advisory
Board.
Section 9. Nature and Requirements of Zoning
Board Report to City Commission.
(1) When pertaining to the rezoning of land under
application made under category (e), paragraph (1), Section 2,
of this Article, the report and recommendations of the
Zoning Board shall show that the Zoning Board has studied
and considered, where applicable, whether or not:
(a) The proposed change is contrary to
the established land use pattern;
(b) The proposed change would create an
isolated district unrelated to adjacent and nearby districts;
(c) The proposed change would materially
alter the population density pattern and thereby increase
or overtax the load on public facilities such as schools,
utilities, streets, etc.;
(d) Existing district boundaries are illogically
drawn in relation to existing conditions on the property
proposed for change;
(e) The proposed change would be in conformity
or in conflict with adopted City comprehensive plans
or portion or portions thereof, or would require substantial
modification of the adopted comprehensive plans or portion
or portions thereof;
(f) Changed or changing conditions make
the passage of the proposed change necessary;
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3;
(g) The proposed change will adversely
influence living conditions in the neighborhood:
(h) The proposed change will create or
excessively increase traffic congestion or otherwise affect
public safety;
(i) The proposed change will create a
drainage problem;
(j) The proposed change will seriously reduce
light and air to adjacent areas:
(k) The proposed change will adversely affect
property values in the adjacent area;
(1) The proposed change will be a deterrent
to the improvement or development of adjacent property
in accord with existing regulations;
(m) The proposed change will constitute
a grant of special privilege to an individual owner as
contrasted with the public welfare;
(n) There are substantial reasons why the
property cannot be used in accord with existing zoning.
(o) Whether the change suggested is out of
scale with the needs of the neighborhood or the City.
(p) It is impossible to find other adequate
sites in the City for the proposed use in districts already
permitting such use.
Section 10. Nature and Requirements of Planning
Advisory Board Report to City Commission.
(1) For hearings required under this Article to
be held by the Planning Advisory Board, the report and
•recommendations of the Planning Advisory Board to City
Commission shall show:
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(a) When pertaining to the rezoning of land -
and where the application has been initiated under categorie
(a) through (d), paragraph (1), Section 2, of this Article,
that the Planning Advisory Board has considered such of
the factors set out in Section 9 above as may be applicable -
in the case;
(b) Where pertaining to other proposed
amendments of the Comprehensive Zoning Ordinance, that
the Planning Advisory Board considered and studied;
1.. the need and justification for the
proposed change; and
2. the relationship of the proposed amendment
to the purposes and objectives of the City's comprehensive
plans or portion or portions thereof, with appropriate
consideration as to whether the proposed change will
further the purposes of the comprehensive planning program,
this Comprehensive Zoning Ordinance, and other City codes,
regulations, and actions designed to implement the
comprehensive planning program.
Section 11. Status of Board Reports and Recommendation:
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(1) The reports and recommendations of the
Planning Advisory Board or the Zoning Board required by
Sections 8, 9, or 10 above, as the case may be, shall be
advisory only and shall not be binding upon the City
Commission. In its deliberations on the reports and
recommendations in the actions that it may take in regard
to them, the City Commission shall consider such of the
requirements of Sections 9 or 10 as may be applicable to
the particular matter before it.
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Section 12. Cites Commissions Action or. Board
Reports.
(1) Upon receipt of the report and recommendations
of the Planning Advisory Board or the Zoning Board, as
the case may be, the City Commission shall hold a second
public hearing with notice to be given as set out in
Section 62-25 b, c, and d of the Miami City Code.
(2) In the case of all proposed changes or
amendments, if the recommendation of the Planning Advisory
Board or the Zoning Board, as the case may be, is adverse
to the proposal, such changes or amendments shall not be
adopted except by the vote of at least three (3) members
of. the City Commission.
Section 13. Failure of City Commission to Act.
(1) If a recommendation of the Planning Advisory
Board or the Zoning Board, as the case may be, is not legis-
latively decided_within ninety (90) days of the date of its.
receipt by the City Commission, the application upon which
the report and recommendation is based shall be deemed to
have been denied, -providing the City Commission may refer
the application to the Planning Advisory Board or the Zoning
Board, as the case may be, for further study. In case of
such reference, the City Commission shall set a date certain
for the return of a board report to the City Commission.
Section 14. Limitations on the Rezoning of Property
Under Where Application is Initiated Under Category (e),
Paragraph (1), of Section 2.
(1) For applications initiated or proposed to be
initiated 'under category (e), paragraph (1), Section 2, of
this Article, the following limitations shall apply:
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(a) Except where the proposal for the
.-.zoning of property involves an extension of an existing
district 'boundary, no change in the Zoning classification
of land shall be considered which involves less than
forty thousand (40,000) square feet of area or two hundred
(200) feet of street frontage.
(b) Whenever the City Cammission has denied
an application for the rezoning of property, the Zoning
Board shall not thereafter:
1. consider any further application for
the same rezoning. of any part or all of
the same property for a period of eighteen
.(18)--months- from the date of such action;
"consider- an application for any other
kind of rezoning or. any part or all of
the same property for a period of twelve
(12) months from the date of such action;
"'"'�c) Whenever. the City Cormission has changed
the .zoning. -classification of _property by amendment, the
Zoning Board shall- not thereafter consider any petition for
rezoning of all:or .any part -of' the- sai a property for a
period of eighteen (18) months from the date of such action.
Section 15. Waiver of Time Limits.
(1) The time limits of Section 14, Paragraph (1)
(b) & (c) of this Article may be waived by a vote of not
less than three (3) members of the City Commission when such
action is deemed necessary to prevent injustice or to
facilitate development of the City in the context of adopted
comprehensive plans or portion or portions thereof.
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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 can first and only reading this
4th day of October, 1973.
H.D. SOUTHERN
CITY CLERK
DAVID T. KENNEDY
MAYOR
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