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HomeMy WebLinkAboutO-08199• 3 n 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 33 31 '2 3 OI(WIt';NCI] NO. 8199 AN ORDINANCE DELETING ARTICLE XNXII - CONDITIONAL USE OF ORDINANCE NO. 6871, AS AMENDED, OF THE CITY OF MIAMI, AND PROVIDING FOR THE ENACTMENT OF A NEW ARTICLE XXXII - CONDITIONAL USE, SETTING FORTH THE DEFINITION OF CON- DITIONAL USE; PROVIDING FOR THE METHOD OF GRANTING A CONDITIONAL USE; PROVIDING FOR THE METHOD OF NOTICE OF PUBLIC HEARINGS; PROVIDING FOR THE CONDITIONS AND SAFE- (;irAt(I)S '1'O BE APPLIED IN GRANTING CONDITIONAL U:;2; PROVIDING FOR TIME LIMITS POR RE- CONSIDERATION OF A PETITION FOR CON- DITIONAL USE; 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)f AND DIS- PENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS 13Y A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION ■ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .33 vIceNS, Ordinance No. 8031 was passed and adopted on July 20, 1972 ,1)y the city Commission which provided for a charter election to change the Planning and Zoning procedure under Section 72 of the Charter of the City or Miami; and WHEREAS, the electors of the City of Miami approved the changes in Section 72 of the Charter of the City of Miami, as set out in Ordinance No. 8081; and WHEREAS, 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 make recommendations for the change of the planning and zoning procedure within the City of Miami; and WHEREAS, the Planning and Zoning Board of the City of Miami held public hearings on the proposed changes to the Planning and Zoning procedure within the City of Miami and to the Comprehensive Zoning Ordinance of the City of Miami; and WHEREAS, the Planning and Zoning Board made its recommendations to the City Commission of the City of Miami; and WHEREAS, the Miami City Commission held public workshops and public hearings on the suggestions and recommendations presented to it by the various groups. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Article XXXII - CONDITIONAL USE of Ordinance No. 6871, as amended, is deleted in its entirety and a new Article XXXII - CONDITIONAL USE be and it is hereby enacted to read as follows: -2- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ARTICLE X:'XII - CONDITIONAL USE Section 1. Conditional Use D►e Eined. (1) A conditional use is a use that would not be appropriate generally, or without restriction, throughout a zoning district or classification but which, if controlled as to number, area, location, or relation to the neighbor- hood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissable in a zoning district or classification as conditional uses if specific provision for such conditional use is made in the Comprehensive Zoning Ordinance. Section 2. Grant of Conditional Use. (1) A conditional use shall not be granted by the Zoning Board unless and until: (a) Written Petition. A written petition for the conditional use.is submitted indicating the section of the Comprehensive Zoning Ordinance under which the conditional use is sought and stating the grounds on which it is re- quested, with particular reference to the types of findings which the Zoning Board must make under Section 2(1)d. of this Article. The petition should include material necessary to demonstrate that the grant of conditional use will be in harmony with the general intent and purpose of the Comprehensive Zoning Ordinance, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material may include, but is not limited to, the following where applicable: 1. Site plans at an appropriate scale showing proposed placement of structures on the property; provi3i.ons for ingress and egress of traffic and podestrian:;, ofrt•re.,, parking and offstreet loading areas, roruse and-.ar.vice .tr.'.►:i; 36 3- J 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 And required yards and other open spaces; hook-up; 2. Plans showing proposed locations for utilities IP 3. Plans for screening and buffering with reterence a as to type, dimensions, and character; 4. Proposed landscaping and provisions for protection of trees and; 5. Proposed signs and lighting, including type, dimensions, and character. Where the Comprehensive Zoning Ordinance sets out additional requirements for specific conditional uses, the petition should demonstrate that such additional requirements are met. Documents, reports, studies, exhibits, or other written or graphic materials, if any, to be used by petitioner in support of the petition shall be submitted with the petition. b. Notice of Public Hearing. Notice of public hearing shall be given as set out in Section 62-25 (a) through (d) of the Miami City Code. c. Public Hearing. A public hearing shall be held by the Zoning Board. d. Findings. Before any conditional use shall be granted, the Zoning Board shall make a written finding that it is empowered under the section of the Comprehensive Zoning Ordinance described in the petition to grant thv conditional use and that the granting of the conditional use will not adversely affect the public interest, welfare, and safety. Before any conditional use shall be granted, the Board shall further make written findings certifying that the additional specific requirements governing the individual conditional use, if any, have been met by the petitioner and -4_ s 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 that, ='_rt er, satisfactory provision and arrangement has been -jade concerning the following matters, where ao.0iza;oie { 1. ingress and egress to property and proposed structures thereon with pa =-='-•'-'_ reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case or `_ire or catastrophe; 2. Offstreet parking and loading areas, where required, with particular attention to the items in 1. of this subsection and the economic, noise, glare, or odor effects of the conditional use on adjoining properties and properties generally in the district; 3. Refuse and service areas, with particular reference to the items in 1. and 2. of this subsection; 4. Utilities, with reference to locations, availability, and compatibility; 5. -Screening and buffering with reference to type, dimensions, and character; 6. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the district; 7. Required yards and other open space; 8. General compatibility and esthetic compatibility with adjacent properties and other property in the district; -5- J 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 3-: -1r J r 33 9. Any special requirements set out in the Comprehensive Zoning Ordinance for the particular conditional use involved. Section 3. Conditions and Safeguards. (1) In granting any conditional use, 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 conditional use is granted, shall be deemed grounds for revocation of the conditional use or a violation of the Comprehensive Zoning Ordinace. (2) Failure to apply for a building permit within six (6) months of the date of the grant of conditional use and to begin construction thereunder shall invalidate the grant of conditional use, provided, upon application, the City Manager may, after review and determination that substantia: progress has been achieved by the applicant in terms of project planning, extend the expiration date of the con- ditional use for an additional period of stime not to exceed one (1) year, subject to approval of the City Commission. This extension request shall be filed with the City Manager thirty (30) days prior to the expiration date of the initial six (6) months effective period of the conditional use. (3) If the Zoning Board shall deny a conditional use, it shall state in its records its reasons for doing so. Such reasons shall take into account the factors stated in Section 2(1)(d) of this Article, or such of them as may be applicable to the action of denial, and the particular regulations relating to the specific conditional use requested, if any. -6w 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (4) Whenever action has been taken to deny a petition for conditional use on any property, the Zoning Board shall not thereafter consider a petition for the same type of conditional use on all or any part of the same property for a period of one (1) year from the date of denial. Section 4. - 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 the Miami City Code. (2) Any person or persons, jointly or severally, aggrieved by any action of the City Commission affirming, modifying, or reversing a decision -7- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 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 ompliance 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 _8 DAVID T. KENNEDY MAYOR 36 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 personalty appeared H. L. James who on oath says that he is Vice•President 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 advertise- ment, being a Legal Advertisement or Notice in the matter of Adoption of Ordinance No. 8199 Re: Enactment of new Article XXXII - CONDITIONAL USE, 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 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 he has neither paid nor promised any person, firm or corporation any rebate." commission or refund for the pu e this advertisement for publication tha $ Tap er. Sworn toe d subscribed before me this day of �;..�......October A.D. 19 73 10th rie T. Smith J ip i atate or Florida at Large. (SEAL) /"�. My Commission expires September 1, Mk 1 ('ITT OF 1tUAMi, DAi)E COt'XTT, FLORIDA LE:GAT. NOTICE All interested will take notice that rm the 4th day of October, 1973 the Commission of the City of Miami. Florida adopted an +irdinonce entitled — AN ORDINANCE DELET- ING ARTICLE XXXII — CONDIT-ONAL USE OF ORDINANCE NO. 6F71. AS AMENDED, OF THE..CITY OF MIAMI, AND PROVID- ING FOR THE ENACT- MENT OF A NEW ARTI- CLE XXXII — CONDI- TIONAL USE. SETTING FORTH THE DEFINITION OF CONDITIONAL USE; PROVIDING FOR THE METHOD OF GRANTING A CONDITIONAL USE: PROVIDING ,,.FOIL THE METHOD OF NOTICE OF PUBLIC HEARINGS: PRO- VILING FOR THE CONDI- TIONS AND SAFEGUARDS TO BE APPLIED IN GRANTING CONDITIONAL USE: PROVIDING .FOR TIME LIMITS FOR RE- CONSIDERATION OF A PETITION FOR CONT 1- 'f1.-INA1. i'SE: PROVIDING 1. OH �liJ�;.iileFX'CTiVE DATE: AND PROVIDING FOR A SEVERAEILITY CLAUSE: DECLARING THIS TO BE AN EMER- GENCY MEASURE AND DISPENSING \WITH THE REQUIREMENTS OF FLOR- IDA STATUTE 1' 041+:1 +al: AND DISPENFING \WITH T H E REQUIRE- MENT OF P, EADING THE SAVE ON TWO SEPAR- ATE DAYS PY A VOTE OF NOT LESS THAN FOUR - FIFTHS OF THE MFW- +'t-T'S OF THE COMMIS- SION which Is designated Ordinance No. F.199. ll. D. SOUTHERN PITY CLERK CITY OF 1+JAMi, FLORIDA ation of this notice on the mil day of October. J3 3. Ad. No. 1C89 4 . day of ..1.'D. SOUTHERN CL=rat Ci'_Y C=' • • RHT/cc 9/2 0/7 3 ORDINANCE N0. "‚9 AN ORDINANCE DELETING ARTICLE XXXII - CONDITIONAL USE OF ORDINANCE NO. G871, AS AMENDED, OF THE CITY OF MIAMI, AND PROVIDING FOR THE ENACTMENT OF A NEW ARTICLE XXXII - CONDITIONAL USE, SETTING FORTH THE DEFINITION OF CON- DITIONAL USE; PROVIDING FOR THE METHOD OF GRANTING A CONDITIONAL USE; PROVIDING FOR THE METHOD OF NOTICE OF PUJBLIC HEARINGS; PROVIDING FOR THE CONDITIONS AND SAFE- GUARDS TO BE APPLIED IN GRANTING CONDITIONAL USE; PROVIDING FOR TIME LIMITS FOR RE- CONSIDERATION OF A PETITION FOR CON- DITIONAL USE; PROVIDING FOR THE EFFECTIVE DATE; AND PROVIDING FOR A SEVERABILITY CLAUSE; DECLARING THIS TO BE AN EMERGENCY MEASURE AND DISPENSING WITH THE REQUIREMENTS OF FLORID 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 s) Ordinance No. 8031 was passed and adopted on July 20, 1972,bv the City Commission which provided for a charter election to change the Planning and Zoning procedure under Section 72 of the Charter of the City of Miami; and11 • WHEREAS, the electors of the City of Miami approved the changes in Section 72 of the Charter of the City of Miami, as set out in Ordinance No. 8081; and WHEREAS, 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 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 OR]YINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Article XXXII - CONDITIONAL USE of Ordinance No. 6871, as amended, is deleted in its entirety and a new Article X}OCII - CONDITIONAL USE be and it is hereby enacted to read as follows: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ARTICLE XXXII - CONDITIONAL USE Section 1. Conditional Use Defined. (1) A conditional use is a use that would not be appropriate generally, or without restriction, throughout a zoning district or classification but which, if controlled as to number, area, location, or relation to the neighbor- hood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissable in a zoning district or classification as conditional uses if specific provision for such conditional use is made in the Comprehensive Zoning Ordinance. Section 2. Grant of Conditional Use. (1) A conditicnal use shall not be granted by the Zoning Board unless and until: (a) Written Petition. A written petition for the conditional use is submitted indicating the section of the Comprehensive Zoning Ordinance under which the conditional use is sought and stating the grounds on which it is re- quested, with particular reference to the types of findings which the Zoning Board must make under Section 2(1)d. of this Article. The petition should include material necessary to demonstrate that the grant of conditional use will be in harmony with the general intent and purpose of the Comprehensive Zoning Ordinance, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material may include, but is not limited to, the following where applicable: 1. Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress of traffic and pedestrians, otfstreet parking' and offstreet loading areas, refuse and service areas; •-3 �- 4 5 6 7 8 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 and required yards and other open spaces; 2. Plans showing proposed locations for utilities hook-up; 3. Plans for screening and buffering with reference as to type, dimensions, and character; 4. Proposed landscaping and provisions for protection of trees and; 5. Proposed signs and lighting, including type, dimensions, and character. Where the Comprehensive Zoning Ordinance sets out additional requirements for specific conditional uses, the petition should demonstrate that such additional requirements are met. Documents, reports, studies, exhibits, or other written or graphic materials, if any, to be used by petitioner in support of the petition shall be submitted with the petition. b. Notice of Public Hearing. Notice of public hearing shall be given as set out in Section 62-25 (a) through (d) of the Miami City Code. c. Public Hearing. A public hearing shall be held by the Zoning Board. d. Findings. Before any conditional use shall be graned,the Zoning Board shall make a written finding that it is empowered under the section of the Comprehensive Zoning Ordinance described in the petition to grant the conditional use and that the granting of the conditional use will not adversely affect the public interest, welfare, and safety. Before any conditional use shall be granted, the Board shall further make written findings certifying that the additional specific requirements governing the individual conditional use, if any, have been met by the petitioner and -4- t) 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 26 27 ?a 29 30 3: 1C:-'11'. : v:371. ; L3n `fl' l.- 72'".; _•t. •t'. '`3 i tt12 na . •2")') T` ")')O.i 1 :;tructur _ ;, - le 7'n '•'!' )'1 - - t r:-! 2rence to _automotive and pedestrian i:i `.:•? i �/ and convenience, cra r =! c t low and control., and access in case or tire or catastrophe; 2. Off treet parking and loading areas, where required, with particular attention to the items in 1. of this subsection and the economic, noise, glare, or odor effects of the conditional use on adjoining properties and properties generally in the district; 3. Refuse and service areas, with particular reference to the items in 1. and 2. of this subsection;. 4. Utilities, with reference to locations, availability, and compatibility; 5. Screening and buffering with reference to type, dimensions, and character; G. Signs, if any, and proposed exterior lighting with reference to glare, traffic 3aecy, economic efects, and compatibility and harmony with properties in the district; 7. Required yards and other open space; A. C' ne ral compatibility and esthetic comp.itibiliry with adjacent properties and chi- her property in the district; 5- 3 4 5 6 7 8 9 10 •11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 l l • 3. Any special requirements set out in the Comprehensive Zoning Ordinance for the particular conditional use involved. Section 3. Conditions and Safeguards. (1) In granting any conditional use, 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 conditional use is granted, shall be deemed grounds for revocation of the conditional use or a violation of the Comprehensive Zoning Ordinace. (2) Failure to apply for a building permit within six (6) months of the date of the grant of conditional use and to begin construction thereunder shall invalidate the grant of conditional u:se, provided, upon application, the City Manager may, after review and determination that substantia progress has been achieved by the applicant in terms of project planning, extend the expiration date of the con- ditional use for an additional period of time not to exceed one (1) year, subject to approval of the City Commission. This extension request shall be filed with the City Manager thirty (30) days prior to the expiration date of the initial six (6) months effective period of the conditional use. (3) If the Zoning Board shall deny a conditional u:;e, it shall state in its records its reasons for doing so. ;such reasons shall take into account the factors stated in s.,ction 2 (1) (d) of this Article, or such of them as may be .z.»iicable to the action of denial, and the particular i-, ,;ul.itions relating to the specific conditional use r..,;'i ited, if any. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 -, A (4) Whenever action has been tak:In to d.,any a petition for conditional use on any property, the 'zoning Board shall not thereafter consider .i petition f•or the same type of conditional use on all or any part of the same property for a period of one (1) year from the date of denial. Section 4. - 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 the Miami City Code. (2) Any person or persons, jointly or severally, aggrieved by any action of the City Commission affirming, modifying, or reversing a decision -7- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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. J 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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. • •, PASSED AND ADOPTED on first and only reading this lye day of Oc ri/ild'2.. , 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. -9..