HomeMy WebLinkAboutO-081982
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ORDINANCE NO.
8198
AN ORDINANCE DELETING ARTICLE XXXI -
VARIANCES OF ORDINANCE NO. 6871, AS
AMENDED, OF THE CITY OF MIAMI AND
PROVIDING FOR THE ENACTMENT OF A NEW
ARTICLE XXXI - VARIANCES; SETTING FORTH
THE INTENT; PROVIDING FOR THE METHOD
OF GRANTING A VARIANCE; PROVIDING FOR THE
METHOD OF NOTICE FOR THE PUBLIC HEARING;
PROVIDING FOR THE CONDITIONS AND SAFE-
GUARDS TO BE APPLIED IN GRANTING A VARIANCE;
PROVIDING FOR SPECIAL AUTHORITY TO GRANT
A VARIANCE FOR PRESERVATION OF NATURAL
FEATURE; PROVIDING FOR THE METHOD OF
APPEAL ON DECISIONS OF THE ZONING BOARD;
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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*,;HEREAS, Ordinance No. 8331 was oassed and adopted
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{ on dale 20, 1972,by the City Con missio:l which pLoVL'ed for
S I i a charter election to change the Pnd '7
Planning onin 1 prader.'-r'.r.•rt .•.,tean
U 1'; 2 f t l L 1 , L ML
u:1dr ;��...ct._on 7.. o, , t. CI1ar�`r or �;�:. C: L_�,r c�i: l;;ti; :..
WHEREAS, the eLe,:tors (1).' the C ,i-»_oved
the changes in Section 72 of the Cllart_r oe the City :)i:
Miami, as set out in Ordinance No. 8081; and
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WHEREAS, Dr. Earnest Bartley was hired a3 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
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 MIA!1I, FLORIDA:
Section 1. That Article )OOCI - VARIANCES of
Ordinance No. 6871, as amended, is deleted in its entirety
and a new Article )DOCI - VARIANCES be and it is hereby
enacted to read as follows:
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ARTICLE XXXI - VARIANCES
Section 1. - INTENT.
(1) A VARIANCE is a means of relief which is
available only when some peculiar circum-
stances as to SIZE, SHAPE, or NATURAL FEATURES
of the parcel of land (and sometimes its
LOCATION) is such that literal application
of the provisions of the Ordinance would im-
pair the owner's rights to some reasonable
use of the property. A VARIANCE shall not be
granted unless, in the first place, there are
such peculiar circumstances.
Section 2. - GRANTING OF VARIANCE,
(1) A variance from the terms of the Comprehensive
Zoning Ordinance shall not be granted by the
Zoning, Board unless and until:
(a) Written Petition. 5, written petition
for a variance is submitted demonstrating
that:
1. Special condition's and circumstances
exist which are peculiar to the land,
structure, or building involved and
which are not applicable to other
lands, structures, or buildings in
the same zoning district;
2. The special conditions and circumstan-
ces do not result from the actions
of the applicant;
3. Literal interpretation of the provis-
ions of these zoning regulations would
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deprive the applicant of rights
commonly enjoyed by other properties
in the same zoning district under the
terms of these zoning regulations and
would work unnecessary and undue hard-
ship on the applicant;
4. Granting the variance requested will
not confer on the applicant any ;special
privilege that is denied by these
zoning regulations to other lands,
buildings, or structures in the same
:zoning district;
5. The variance, if granted, is the mini-
mum variance that will make possible
the reasonable use of the land, build-
ing, or structure;
6. The grant of the variance will be in
harmony with the general intent and
purpose of these zoning regulations,
will not be injurious to the neighbor-
hood, or otherwise detrimental to the
public welfare. Documents, reports,
studies, exhibits, or other written
or graphic materials, -if any, to be
used by petitioner in support of the
petition and in demonstration of any
or all of the above requirements shall
be submitted with the petition.
(b) Notice of Public Hearing. Notice of
public hearing shall be given as set out
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3:,
in Section 62-25a thru d of the Miami City Code.
(c) Public Hearing. A public he.trinq ,;h.11.1
be held by the Zoning Board.
(d) Findings. The Zoning Board shall make
findings that the requirements of Section
2(1)(a) of this Article have or have not
been demonstrated by the applicant for
variance.
Section 3. - CONDITIONS AND SAFEGUARDS.
(1) In granting any variance, the Zoning Board may
prescribe appropriate conditions and safeguards
in conformity with the Comprehensive Zoning
Ordinance. Violation of such conditions and
safeguards, when made a part of the terms under
which the variance is granted, shall be deemed
grounds for revocation of the variance or a
violation of the Comprehensive Zoning Ordinance.
(2) Any variance granted shall expire six (6) months
after the effective date of such action, unless
a building permit based upon and incorporating
the variance is obtained within the aforesaid
six (6) months period, or unless the provisions
of the variance are adhered to within the afore-
said six (6) months period. However, upon
application, the City Manager may, after review
and determination that substantial progress has
been achieved by the applicant in terms of
project planning, extend the expiration date
of the variance for an additional period of
time not to exceed one (1) year, subject to
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approval of the City Commission. Said ex-
tension request shall be filed with the City
Manager thirty (30) days prior to the expira-
tion date of the initial six (6) months ef_`2c-
tive period of the variance.
Section 4. - LIMITATIONS ON POWER TO GRANT VARIANCES.
(1) Under no circumstances shall the Zoning Board
grant a variance to permit a use not permitted
under the terms of the Comprehensive Zoning
Ordinance in the zoning district involved, or
any use expressly or by implication prohibited
by the terms of the Comprehensive Zoning Ordi-
nance in the said zoning district.
(2) No non -conforming use of neighboring lands,
structures, or buildings in the same zoning
district, and no permitted use of lands,
structures, or buildings in any other district
shall be considered grounds for the granting
of a variance.
Section 5. - SPECIAL AUTHORITY TO GRANT VARIANCE FOR
PRESERVATION OF NATURAL FEATURES.
(1) The preservation of trees and other natural
features in the development of land is hereby
declared to be in the public interest, and, if
the required standards for such preservation
are met, to justify the granting of variance
for such preservation. To justify the granting
of variance for preservation of natural
features, the petitioner must demonstrate:
• (a) That the tree or trees or other natural
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feature or features is in the buildable
area and not in the yard areas required
for development of the site; and that,
in the case of a tree, such tree has a
trunk diameter of six (6) inches or more
when measured three (3) feet above grade.
The preservation of rare, historic, speci-
men, or valuable trees not having a trunk
diameter of six (6) inches may be considered
in peculiar and exceptional circumstances
as a basis for relief.
(b) That the requested variance based on pre—
servation of natural features will be
granted only to regulations for lot area,
yards, required offstreet parking, or
open space standards and not for use,
floor area ratio, percent of lot coverage,
minimum floor area, or height.
(c) That the petitioner has submitted a
written statement setting out the reasons
for the hardship, providing evidence
demonstrating that the trees or other
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natural features cannot be relocated; a
site plan prepared by a registered surveyor
indicating the existing natural features
by exact size, common and botanical name
and location, and the location of all
proposed improvements, including property
and setback lines; that such site plan is
drawn to a scale of not less than one
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inch equals ,ixteen (16) feet and sub-
mitted in four (4) r.opies; and that a
plant list with an identifying number
assigned in the legend to each tree is
provided.
(2) The procedure and findings necessary to secure
a variance under this subsection shall be as
for variances generally; provided that in.
making the findings required by Section 2(1)(d)
above, the Board shall not be bound by the
requirement of Section 2(1)(a)3.
Section 6: - APPEALS FROM DECISIONS OF ZONING BOARD.
(1) Decisions of the Zoning Board shall be deemed
final unless a request is filed together with
the payment of any required fee with the Depart-
ment of Administration for Planning & Zoning
Boards by the petitioner or by any person or
persons, jointly or severally, aggrieved by
any decision of the Zoning Board, or by any
officer, department, board, commission, or
bureau of the City within fifteen (15) days
from the date of such Board decision request-
ing the City Commission to review such decision.
The Executive Secretary of the Zoning Board
shall certify such request for review to the
City Commission through regular channels. The
City Commission shall consider such request
at a public hearing after giving notice as
set out in Section 62-25b, c, d, of tho Miami City Cod
(2) Any person or persons, jointly or i verally,
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aggrieved by any action of the City Commission
affirming, modifying, or reversing a decision
of the Zoning Board, or any officer, department,
board, commission, or bureau of the City may
seek recourse to the courts as provided by
the laws of Florida.
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 provisions 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
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MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADS
Before the undersigned authority personally epp.�
peered Ruth Glatter who on oath says that she to
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 of
Adoption of Ordinance No. 8198
Re: Enactment of a new
Article XXXI - VARIANCES,
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 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 in the said newspaper.
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Sworn to and subscribed before me this
loth day of October ,,.A.D. 19 73
t - '
Janet teo,
Notary Public, State of Florida at Large.
(SEAL)
My Commission exp3h' April 15, 1977.
CITY OF MiANI,
BADE COUNTY. FLORIDA
LEGAL NOTICE
All int rest»d will take notice
Ihat on the 4th day of October,
1i'7S thr C•smmissi' n of the City
r:f yl:ami, P' -ridn adopted an
ordinance entitled —
AN ORDINANCE DELET-
ING' ARTICLE XXXI —
VAP-IANCES OF ORDI-
NANCE NO. 1;S71, AS
AMENDED, OF THE CITY
U ' M AMiT AND PROVID-
ING FOR '1'I4E NACT-
,M ENT's117.,"- AP.TI-
C;-E XXXI — VARIANCES:
SETTING FORTiI THE IN-
TENT: PROVIDING FOR
THE METHOD OF GRANT-
ING A VARIANCE: FRO-
VIDING FOR THE METIlOD
OF NOTICE FOR THE
Pi'LLIC HEAPING: PRO -
VI ;ANC: FOR THE CONDI-
TIONS -AND SAFEGUARDS
TO EE APPLIED IN
GRANTING A VARIANCE:
PROVIDING FOR SPECIAL
AUTHORITY TO GRANT
\ V AniANcir. FOR PRES-
ERVATION OF NATI RAL
FEATURE: PROVIDING
FOR THE 51ETHOD OF
APPEAL ON DECISIONS
OF THE ZONING BOARD;
PROVIDING FOR TIIE EF-
FECTIVE DATE; AND PRO-
VIDING FOR A SEVER-
ABIL:TY CLAUSE: DE-
CLARING TIIIS TO BE AN
EMERGENCY MEASURE
AND DISPENSING \VITH
THE RF':UCIREMENT.. OF'
FLORIDA STATUTE
7Ff,.0911t,t Gal: AND DIS-
PENSING, WITH THE RE-
QF'1REMr.NT OF READING
TIIE SAME ON TWO SEP-
ARATE DAYS BY A VOTE
OF NOT LESS THAN FOUR -
FIFTHS OF TIIE MEMBERS
OF THE COMMISSION
which is dridgntite'd Ordinance
No. F O'.
11. D. SOUTHERN
CITY CLERK
CITY OF
111AM1, FLORIDA
Publication .n of this notice on
the lOt:i day of October. l°?3.
Ad. Ne. 1C 'S
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RHT/cc
9/20/73
r)RDTANCE NO. F/9F
AN ORDINANCE DELETING ARTICLE XXXI -
VARLANCES OF ORDINANCE NO. 6371, AS
AMENDED, OF THE CITY OF MIAMI AND
PROVIDING FOR THE ENACTMENT OF A NEW
ARTICLE XXXI - VARIANCES; SETTING FORTH
THE INTENT; PROVIDING FOR THE METHOD
OF GRANTING A VARIANCE; PROVIDING FOR THE
METHOD OF NOTICE FOR THE PUBLIC HEARING;
PROVIDING FOR THE CONDITIONS AND SAFE-
GUARDS TO BE APPLIED IN GRANTING A VARIANCE;
PROVIDING FOR SPECIAL AUTHORITY TO GRANT
A VARIANCE FOR PRESERVATION OF NATURAL
FEATURE; PROVIDING FOR THE METHOD OF
APPEAL ON DECISIONS OF THE ZONING BOARD;
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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8 31 Was r:AsJed a
204. 1:9: i 2, b/•tt ite C.L I. '!
t: lai„� itW z ctz�i to Ctl-1zt i� U ?1a nr Lr
Sedtiat 2
f the chart t
ss 'sit out :i Ordi ia�!ce pia. 308?_, and
wrinftA8, Dr. Earnest Bar -lav f`fl 3 hi
consultant to prepare and eco` me d a new procedure for
the planning and zoning process within the City or ,tia. i and
wHERIAS, various citizen groups met to Study and
Blake recommendations for the change of the planning and
zoning procedure within the City of Miami; and
WHEREAS, the Planning and Zoning Board f 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, TfiER EFORE, BE IT ORDAINED D BY THE COMMISSION
THE CITY OF MIAMI, FLORIDA:
Section 1. That Article XXXI - VARIANCES of
Ordinance No. 6871, as amended, is deleted in its entirety
and a new Article XXXI - VARIANCES be and it is hereby
enacted to read as follows;
4•'.E.'.'w'R71MA':R7nco'7.
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A^.TICLE .•:` XI - VARIANCES
Sec}ion 1. - INTENT.
(1) A VARIANCE is a means of relief which is
available only when some peculiar circum-
stances as to SIZE, SHAPE, or NATURAL FEATURES
of the parcel of land (and sometimes its
L0CA'TION) is such that literal application
of the provisions of the Ordinance :could im-
pair the owner's rights to some reasonable
use of the property. A VARIANCE shall not be
granted unless, in the first place, there are
such peculiar circumstances.
Section 2. - GRANTING OF VARIANCE.
(1) A variance from the terms of the Comprehensive
Zoning Ordinance shall not be granted by the
Zoning. Board unless and until:
(a) Written Petition. . written petition
for a variance is submitted demonstrating
that:
1. Special conditions and circumstances
exist which are peculiar to the land,
structure, or building involved and
which are not applicable to other
lands, structures, or buildings in
the same zoning district;
2. The special conditions and circumstan-
ces do not result from the actions
of the applicant;
3. Literal interpretation of the provis-
ions of these zoning regulations would
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da-)rive tilt applicant or rights
commonly enjoysd by other prooerties
in the same zoning district under the
terms of these zoning regulations and
would work unnecessary and undue hard-
ship on the applicant;
4. Granting the variance requested will
not confer on the applicant any :,pecial
privilege that is denied by these
zoning regulations to other lands,
buildings, or structures in the same
zoning district;
5. The variance, if granted, is the mini-
mum variance that will make possible
the reasonable use of the land, build-
ing, or structure;
6. The grant of the variance will he in
harmony with the general intent and
purpose of these zoning regulations,
will not be injurious to the neighbor-
hood, or otherwise detrimental to the
public welfare. Documents, reports,
studies, exhibits, or other written
or graphic materials,_if any, to be
used by petitioner in support of the
petition and in demonstration of any
or all of the above requirements shall
be submitted with the petition.
(b) Notice of Public Hearing. Notice of
public hearing shall be given as set out
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in Section 62-:i5a. thru d of the Miami City Code.
(c) A public ite irinq •;h.tL1
h-21d by the Zoning Board.
(d) Findings. The Zoning Board shall make
findings that the requirements of Section
2(1)(a) of this Article have or have not
been demonstrated by the applicant for
variance.
Section 3. - CONDITIONS AND SAFEGUARDS.
(1) In granting any variance, the Zoning Board may
prescribe appropriate conditions and safeguards
in conformity with the Comprehensive 7,oning
Ordinance. Violation of such conditions and
safeguards, when made a part of the terms under
which the variance is granted, shall be deemed
grounds for revocation of the variance or a
violation of the Comprehensive Zoning Ordinance.
(2) Any variance granted shall expire six (6) months
after the effective date of such action, unless
a building permit based upon and incorporating
the variance is obtained within the aforesaid
six (6) months period, or unless the provisions
of the variance are adhered to within the afore-
said six (6) months period. However, upon
application, the City Manager may, after review
and determination that substantial progress has
been achieved by the applicant in terms of
project planning, extend the expiration date
of the variance for an additional period of
time not to exceed one (1) year, subject to
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. o,.ova1 of t'. Cis.,' Commission. Said ex-
tension request shall he : il._J with the City
Maria er thirty (30) days prior to tce expira-
tion date of the initial six (6) months of ac-
tive period of the variance.
Section 4. - LIMITATIONS ON POWER TO GRANT VARIANCES.
(1) Under no circumstances shall the Toning Board
grant a variance to permit a use not permitted
under the terms of the Comprehensive Zoning
Ordinance in the zoning district involved, or
any use expressly or by implication prohibited
by the terms of the Comprehensive Zoning Ordi-
nance in the said zoning district.
(2) No non -conforming use of neighboring lands,
structures, or buildings in the same zoning
district, and no permitted use of lands,
structures, or buildings in any other district
shall be considered grounds for the granting
of a variance.
Section 5. - SPECIAL AUTHORITY TO GRANT VARIANCE FOR
PRESERVATION OF NATURAL FEATURES.
(1) The preservation of trees and other natural
features in the development of land is hereby
declared to be in the public interest, and, if
the required standards for such preservation
are met, to justify the granting of variance
for such preservation. To justify the granting
of variance for preservation of natural
features, the petitioner must demonstrate;
(a) That the tree or trees or other natural
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feature of Ceatur3s i in the buildable
area and not in the yard areas required
for development of the site; and that,
in the case of a tree, such tree has a
trunk diameter of six (6) inches or more
when measured three (3) feet above grade.
The preservation of rare, historic,
speci-
men, or valuable trees not having a trunk
diameter of six (6) inches may be considered
in peculiar and exceptional circumstances
as a basis for relief.
(b) That the requested variance based on pre-
servation of natural features will be
granted only to regulations for lot area,
yards, required offstreet parking, or
open space standards and not for use,
floor area ratio, percent of lot coverage,
minimum floor area, or height.
(c) That the petitioner has submitted a
written statement setting out the reasons
for the hardship, providing evidence
demonstrating that the trees or other
natural features cannot be relocated; a
site plan prepared by a registered surveyor
indicating the existing natural features
by exact size, common and botanical name
and location, and the location of all
proposed improvements, including property
and setback lines; that such site plan is
drawn to a scale of not less than one
-5J-
3
inch •�,1Iu:11:; i::t, en (16 ) '.yet „id
5 mitt -loci in four (4) r.opt(-2s ; and d Lh.tt a
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plant list with an identifying number
assigned in the legend to each tree is
provided.
(2) The procedure and findings necessary to secure
a variance under this subsection shall be as
for variances generally; provided that in
making the findings required by Section 2(1)(d)
above, the Board shall not be bound by the
requirement of Section 2(1)(a)3.
Section 6; - APPEALS FROM DECISIONS OF ZONING BOARD.
(1) Decisions of the Zoning Board shall be deemed
final unless a request is filed together with
the payment of any required fee with the Depart-
ment of Administration for Planning & Zoning
Boards by the petitioner or by any person or
parsons, jointly or severally, aggrieved by
any decision of the Zoning Board, or by any
officer, department, board, commission, or
bureau of the City within fifteen (15) days
from the date of such Board decision request-
ing the City Commission to review such decision.
The Executive Secretary of the Zoning Board
shall certify such request for review to the
City Commission through regular channels. The
City Commission shall consider such request
at a public hearing after giving notice as
set out in Section 62-25b, c, d, of the Miami City Cody
(2) Any person or persons, jointly or ;•averally,
,?i
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<ggrieved by any action of the City Commission
atfirning, modifying, or reversing a decision
of th3 Zoning Board, or any officer, department,
hoard, commission, or b'ireau of the City may
seek recourse to the courts as provided by
the laws of Florida.
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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.
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PASSED AND ADOPTED on first and only reading this
10 day of ofeTg4sie-- , 1973.
PREPARED AND APPROVED BY:
REVIEWED BY:
MAYOR
Attest:
City Clerk
. Harris urner
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,