HomeMy WebLinkAboutItem #04 - First Reading Ordinance1
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RHT/cc
9/20/73
ORDINANCE NO.
AN ORDINANCE DELETING CHAPTER 62 OF
THE MIAMI CITY CODE IN ITS ENTIRETY AND
ADOPTING A NEW CHAPTER 62 ENTITLED
PLANNING AND ZONING WHICH PROVIDES FOR THE
PURPOSE AND INTENT AND DEVELOPMENT OF
A COMPREHENSIVE PLANNING PROGRAM AND
THE CREATION OF A PLANNING ADVISORY
BOARD; CREATION OF A ZONING BOARD;
PROVIDING FOR THE PROCEDURE AND DUTIES
OF THE PLANNING ADVISORY BOARD AND THE
ZONING BOARD; PROVIDING FOR THE METHOD
OF APPOINTMENT OF MEMBERS FOR THE
PLANNING ADVISORY BOARD AND ZONING BOARD;
PROVIDING FOR THE COMPENSATION OF THE
MEMBERS OF THE PLANNING ADVISORY BOARD
AND ZONING BOARD; PROVIDING FOR THE
METHOD OF NOTICE OF PUBLIC HEA RING FOR
CHANGES IN THE COMPREHENSIVE PLAN OR
FOR HEARINGS UNDER THIS ORDINANCE AND
ORDINANCE NO. 6871; ESTABLISHING THE FEES
FOR PUBLIC HEARING TO CONSIDER A CHANGE
OR MODIFICATION OF CLASSIFICATION OR
REGULATION AFFECTING PROPERTY; PROVIDING
FOR THE ADOPTION OF SECTION 72 OF THE
CHARTER OF THE CITY OF MIAMI AS AN ORDINANCE
DURING THE INTERIM PERIOD; PROVIDING FOR
THE EFFECTIVE DATE; AND PROVIDING FOR A
SEVERABILITY CLAUSE.
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WHEREAS, Ordinance No. 8081 was passed and adopted
on July 20, 1972,by the City Commission which provided for
a charter election to change the Planning and Zoning procedure
under Section 72 off the Charter of the City of Miami; and
WHEREAS, the electors of the City of Miami approvec1
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 oi: 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 o°=
Miami; and
WHEREAS, the Planning and Zoning Board made its
recommendations to the C.iy 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, BF IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. That Chapter 62 of the Code of the
City of Miami is deleted in its entirety and that a new
Chapter 62 be and it is hereby enacted to read as follows:
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CHAPTER 62 PLANNING & ZONING
ARTICLE I -- COMPREHENSIVE PLANNING
Section 62-1. Purpose and Intent. Under authority
conferred by the Constitution and Laws of Florida and Section
72 of the Charter of the City of Miami, it is the intent of
the City to plan for the City's future development and, as
an integral part of the total and continuing planning process,
to take such lawful actions as may be deemed necessary to
implement the comprehensive planning program.
The continuing comprehensive planning program con-
templated by this Chapter shall be a coordinated one, taking
into account the factors and situations which bear on the
course of present and future development and growth of the
City, to the end that the present and future population of.
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the City will he assured of a healthful, compatible, and
habitable living environment.
Trie continuing comprehensive planning program and
comprehensive plans that may be adopted may include, but are
not to be deemed as limited to, principles and policies to be
followed in (1) future development of the City, (2) location,
relocation, and character of the various uses of land and
water, (3) location, relocation, and character of public and
private open spaces and structures for recreation, amenity,
and cultural life, (4) modes and means of travel and trans-
portation, (5) location and character of public buildings,
services, and facilities, (6) provision of necessary utilities,
(7) development of standards for ecological and environmental
quality, (8) planning for conservation, rehabilitation, or re-
placement of housing, (9) treatment of areas, sites, or
structures of historical or archaeological import and
significance, (10) density of population, (11) methods and
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policies for encouragement of cooperation of private persons
and groups in the development, implementation, and accomplish-
ment of adopted comprehensive plans, (12) taxing and financial
arrangements and long-range capital improvement programs
deemed necessary to implement the planning program, and (13)
land use control and regulatory measures and other instruments
deemed necessary to accomplish the aims and objectives of
adopted comprehensive plans.
Adopted plans may take the form of singular or
multiple documents, maps, charts, graphs, statistical
information, commentary, statements of purpose and intent,
or other forms recognizable as declaring the purpose and
intent of the City in guiding the future growth and develop-
ment of the City as a whole, a geographical classification
thereof, or a functional classification thereof.
Section 62-2. Boards: Generally. To meet the
responsibilities under the continuous comprehensive planning
program required by this Chapter, certain boards are
established and given authority and responsibility as set
out in this Chapter and elsewhere in the Code of the City
of Miami, Florida. The powers and duties of the boards so
established are to be denominated as (1) the Planning
Advisory Board of the City of Miami and (2) the Zoning
Board of the City of Miami. The City Commission may by
resolution create additional committees or instruments to
serve in advisory or consultative capacities to the Planning
Advisory Board or to the Zoning Board.
Section 62-3. Administrative Responsibility: Generally
Administrative authority and responsibility for the preparation,
conduct, and implementation of the continuing comprehensive
planning program shall be as set out in this Chapter and
elsewhere in the Code of the City of Miami, Florida. Under
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the authority of the City Manager, the Planning Department,
as established by Sections 2-61 through 2-69 of the Code of
Miami, Florida, shall work in close coordination with the
Planning Advisory Board, the Zoning Board, and other
appropriate City boards and departments in the preparation,
conduct, review, and implementation of the continuing
comprehensive planning program.
Section 62-4. Effect of Previously Adopted
Comprehensive Plan. Any comprehensive plan, or portion or
portions thereof, previously adopted by the City shall remain
in full force or effect until superseded by any plan,
or portion or portions thereof, adopted under this Chapter.
Section 62-5. Comprehensive Planning Program:
Preparation and Adoption of Comprehensive Plans for the City
as a Whole or a Geographical or Functional Classification
Thereof.
a. Preparation. When basic information for the
City, or geographical or functional classification thereof,
has been brought together, the Planning Department shall prepare
comprehensive and coordinated plans for the development of
the City, or geographical or functional classification
thereof, for review and recommendation by the Planning
Advisory Board. Such plans, or substantial portions of
plans as may relate to geographical or functional classi-
fications thereof, shall be based on existing and anticipated
needs, showing existing and proposed improvements and stating
the principles according to which future development should
proceed and the manner in which such development should be
controlled. The plans, or portion or portions thereof, shall
be made with the general purpose of guiding and accomplishing
a coordinated, adjusted, and harmonious development of the
City, or geographical or functional classification thereof,
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which will, in accordance with existing and future needs,
best promote public health, safety, comfort, order, appearance,
convenience, morals,•and the general welfare and which
will contribute to efficiency and economy in the process of
development and future maintenance. The planning program
shall include plans for future land use and may include plans
for transportation, housing, recreation, utilities,
community facilities, a long-range financial program for
public improvements, instruments for encouragement of
cooperation between private groups and government, measures
for implementation, and such other matters as may be deemed
necessary by the Planning Advisory Board and the City
Commission for the purpose of meeting the objectives of
this Chapter.
The Planning Department shall keep the Planning
Advisory Board informed of the progress and status of the
work involved in the continuous planning program and shall
work closely with, consult with, and seek the advice of
the Planning Advisory Board and other appropriate City
boards and departments in the preparation of plans, or
portion or portions thereof, under the continuing planning
program.
b. Review and Recommendation by Planning Advisory
Board. As the comprehensive plans, or substantial portions
thereof as may correspond generally with functiona]. or
geographical classifications of the City, are prepared and
completed, they shall be reviewed by the Planning Advisory
Board. At such time as the Planning Advisory Board may have
reviewed and discussed the plans, or portion or portions
thereof and has determined that a public hea ring should be
held thereon, the Board shall set a date or dates certaii.
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for holding a public hearing or hearings on the plans, or
portion or portions thereof. Notice shall be given of the
public hearing or hearings as set out in Article VI, Section
62-25(a)and (d) of this chapter; in addition, the Planning Advisory
Board may, for the particular hearing or hearings involved,
give such additional notice as it may deem proper to the
subject of the hearing and circumstances therein involved.
Upon completion of such hearing or hearings, the
Planning Advisory Board may recommend to the City Commission,
by not less than four (4) affirmative votes, the adoption
by the City Commission of the plans, or portion or portions
thereof, upon which the public hearing or hearings were
held. The Board resolution of recommendation shall refer
expressly to the maps, descriptive material, and other
data intended by the Planning Advisory Board to form the
whole or the part of the plans upon which the public hearing
or hearings were held. The action taken and the recommendation
made by the Planning Advisory Board shall be recorded on
the recommended plans, or portion or portions thereof. ?here
the recommendation of the Planning Advisory Board is not in
accord with earlier recommendations of the Planning Department,
the Planning Department shall submit to the City Commission
its recommendation in the matter. The signatures of the
Chairman of the Planning Advisory Board and the Planning
Director shall be affixed thereto as certifying to the action
taken and the recommendation made and the date of such action
and recommendation; and the signature of the Director of the
Department of Administration for Planning and Zoning Boards
shall be affixed as certifying that the requisite hearing
or hearings were held on the dates certified. A copy of the
comprehensive plans, or portion or portions thereof, shall
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be certified to the City Commission. The recommended
copy of the plans, or portion of portions thereof, together
with any recommended amendments thereto, shall be a part
of the permanent and public records of the Planning Advisory
Board.
c. Adoption by the City Commission. Upon receipt
of the recommendation or recommendations of the Planning
Advisory Board, the City Commission shall set a date certain
for holding a public hearing or hearings upon the recommended
plans. or portion or portions thereof, which date shall not
be less than 45 days from that date upon which the City
Commission has formally received the recommendation or
recommendations of the Planning Advisory Board. Notice of
such public he- S.g or hearings by the City Commission
shall be given as set out in Article VI, Section 62-25(a)and (d)
of this Chapter.
Upon such public hearing or hearings, the City
Commission may thereafter adopt the plans or portion or
portions thereof as recommended by the Planning Advisory
Board, modify the plans or portion or portions thereof, or
reject the plan or portion or portions thereof. Any plans,
or portion or portions thereof, or modification thereto,
shall become effective only upon adoption by resolution by
the affirmative vote of not less than three (3) members of
the City Commission.
Section 62-6. Legal Effect of Adoption of
Comprehensive Plans for the City as a Whole, or a Geographical
or Functional Classification thereof. Whenever comprehensive
plans for the City as a whole, or for geographical or
functional classifications thereof, have been finally adopted
as set out in Section 62-5 above, then and thenceforth no
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public street or park; other public way, ground, place,
or space; public building; or public structure or activity,
or quasi public structure or activity not in conformity
with the adopted comprehensive plans or portion or
portions thereof shall be constructed, altered, or
authorized in the City unless the location and extent
thereof shall have been submitted to the Planning Advisory
Board for a report and its statement of approval or dis-
approval and the reasons therefore.' Within thirty (30)
days after the request for such report has been received
by the Planning Advisory Board or within such other time
limits as may be agreed upon, the report shall either be
made or failure of the Planning Advisory Board to act
shall be deemed approval. The Planning Advisory Board's
report under this section may be overruled by the vote of
three (3) members of the City Commission. In the event of
an emergency declared by the City Manager, a matter in
question under this Section may be considered directly by
the City Commission without reference to the Planning
Advisory Board.
After comprehensive plans for the City or a portion
of such plans corresponding generally with a geographic or
functional classification of the City have been adopted in
t1e manner herein set out, no zoning ordinance, subdivision
regulation, or other land use control regulation shall be
adopted, repealed. or amended until such question has been
referred to the Planning Advisory Board for review and
recommendation to the City Commission; provided, however,
that this provision shall not apply to those hearings
required to be held by the Zoning Board under other City
ordinances.
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Section. 62-7. Review and Amendment of Adopted
Comprehensive Plans for the City as a Whole, or a Geographical
or Functional Classification Thereof. Periodically, but not
less than once every two (2) years, adopted comprehensive
plans or portion or portions thereof shall be reviewed by
the Planning Advisory Board to determine whether changes in
the amount, kind or direction of development and growth of
the City or area thereof, or other reasons, make it necessary
or beneficial to make additions or amendments to the
comprehensive plans,or portion or portions thereof. If the
City Commission desires an amendment, or addition, it may, on
its own motion, direct the Planning Department to prepare
such amendment for submission to and review by the Planning
Advisory Board. The Planning Advisory Board shall make a
recommendation on the proposed plan amendment to the City
Commission within a reasonable time as established by the
City Commission. The procedure for revising, adding to, or
amending comprehensive plans or portion or portions thereof
shall be the same as the procedure for original adoption.
Section 62-8. Appropriations, Fees, and Other
Income. The City Commission may provide appropriations for
salaries, fees, and expenses necessary in the conduct of the
work of the boards established by this Chapter and for the
departments and employees necessary in the conduct of the
continuing planning program. Such monies, and any other sums
which may be made available through fees, gifts, state or
federal grants, state or federal loans, or other sources
shall be expendrd in accordance with the established budgetary
and fiscal procedures and practices of the City of Miami.
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ARTICLE II -- PLANNING ADVISORY BOARD
Section 62-9. Establishment. There is hereby
established a Board, to be }clown as the Planning Advisory
Board of the City of Miami, Fiorito. The Planning Advisory
Board shall consist of seven (7) members to be appointed
in the manner set out in ARTICLE IV of this Chapter.
Section 62-10. Functions, Powers and Duties of
the Planning Advisory Board: Generally. The Planning
Advisory Board is an integral part of the total process of
planning for the future development and tjrowth of the City
of Miami. The Board is to Eer•re as an .-,ment of advice
and recommendation in all phases and aspects of the
comprehensive planning program authorized by Section 72
of the Charter of the City of Miami. With the assistance
of the Planning Department the functions, duties, and powers
of the Planning Advisory Board in the City's continuous
.comprehensive planning program shall be, in general:
a. To acquire and maintain such information and
materials as are necessary to an understandina of past
trends, present conditions, and forces at work to cause
changes in these conditions. Such information and material
may include, but is not to be limited to, maps and photographs
of man-made and natural physical features of the City,
statistics on past trends and present conditions with respect
to population, property values, economic base, environmental
factors, land use, and such other information as is
important or likely to be important in determining the amount,
direction, and kind of development and growth to be
expected and planned for the City in the future.
b. To review and to recommend to the City
Commission for adoption and from time to time recommend
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amendments and revisions to comprehensive and coordinated
general plans, or portion or portions thereof, for meeting
psent requirements and such future requirements as may
be foreseen.
c. To establish principles and policies for
guiding action affecting futui:e development in the City.
d. To prepare and recommend to the City Commission
ordinances, regulations, and other proposals promoting
orderly development along the lines indicated as necessary
and desirable by the comprehensive planning program.
e. To conduct such public hearings as may be
required to gather information and public reaction necessary
for the drafting, establishment, maintenance, and
recommendation to the City Commission for adoption of
comprehensive plans or portion or portions thereof, and
to conduct such public hearings as may be required on
ordinances, codes, and regulations related to plans made
and their implementation; and to establish public committees
or task forces when deemed necessary for the purpose of
collecting and compiling information necessary to the
planning program, or for the purpose of promoting and
implementing the accomplishment of comprehensive plans in
whole or in part.
f. To make or cause to be made any necessary
special studies on the location, adequacy, and conditions of
specific facilities in the City. These may include, but are
not limited to, studies on housing, commercial, and
industrial conditions and public facilities, recreation,
public and private utilities, conservation of natural
resources, roads and traffic, transportation, parking and
the like.
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g. When duly authorized by ordinance, to determine
whether specific proposed developments conform to the
principles and requirements of the planning program.
h. Tn serve as an instrument for informing the
City Commission, other City departments and agencies, and
the public of the continuing comprehensive planning program
and its purposes and status.
i. To perform such other duties in connection with
the comprehensive planning program as may lawfully be
assigned to it.
All City departments and employees shall under
direction of the City Manager, upon request within a
reasonable time, furnish to the Planning Department such
available records or informaticn as may be required in the
work. The Planning Advisory Board or representatives of the
Planning Department may in the performance of official
duties,
in the
enter upon lands and make examinations or surveys
same manner as other authorized City agents or employees,
and shall have other powers as are required for the perform-
ance of official functions in carrying out the purposes and
responsibilities of the Planning Advisory Board and the
comprehensive planning program.
Section 62-11. Proceedings.
a. Officers and Voting. The Planning Advisory Board
shall select a Chairman and a Vice -Chairman from among its
members and may create and fill such other offices as it
may determine. All members shall be required to vote on
matters before the Planning Advisory Board, subject to the
provisions of Subsection (e) of this section and applicable Flor
Statutes.
The Director of the Planning Department shall be
the Executive Secretary of the Planning Advisory Board.
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b. Rules and Procedure. The Planning Advisory Board
shall establish rules of procedure necessary to its governance
and the conduct of its affairs, in keeping with the
applicable provisions of Florida Law, City Charter,city ordinances
and resolutions. Such rules of procedure shall be available
in written form to persons appearing before the Planning
Advisory Board and to the public upon request.
c. Meetings. The Planning Advisory Board shall
hold at least two (2) regularly scheduled meetings each
month, except the month of August, on days to be determined
by the Board. Other regularly scheduled meetings may be
set by the Board and additional meetings may be held at
the call of the Chairman and at such other times as the
Planning Advisory Board may determine. Meetings that are
not regularly scheduled shall not be held without at
least ten (10) days written notice to each member, provided
however that upon concurrence of the Chairman of the
Planning Advisory Board and the City Manager, an emergency
meeting may be called at any time. The Planing Advisory
Board shall have the power to take testimony under oath.
d. Quorum; Public Records. The Planning Advisory
Board shall keep minutes of its proceedings, showing the
vote of each member, or if absent or failing to vote under
Section 62-11 (e) below indicating such fact.
It shall be the responsibility of the Director of
the Department of Administration for Planning and Zoning Boards
to handle all procedural activities: for all public hearings
required to be he:.d by the Planninc r
nc1u;'
the preparation a:. de$ iie.3 ,ir.:.
of such hearings. The of 1'ic$_31 records cf s•ach public
hearings shall be riled with the City Clerk.
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of the Planning Advisory Board to maintain records of other
public meetings of the Board. Records of such meetings shall
be' maintained in the office of the Planning Department.
A quorum of the transaction of business shall be
a majority of the total membership of the Planning Advisory
Board, but no action to recommend adoption of comprehensive
plans or portion or portions thereof, to recommend the
amendment of the comprehensive zoning ordinance as set out
in Article XXX, "Amendments" of the Comprehensive Zoning
Ordinance, or to recommend approval of a site and development.
plan shall be taken without the concurring votes of at
least a majority of the total membership of the Hoard.
e. Disqualification of Members. If any member of
the Planning Advisory Board shall find that his private or
personal interests are involved in the matter coming before
the Board, he shall, prior to the opening of the hearing nn
the matter, disqualify himself from all participation of
whatsoever nature in the cause; or he may be disqualified
by the votes of not less than a majority of total membership
of the Board, not including the member about whom the question
of disqualification has been raised. No members of the
Planning Advisory Board shall appear before the City
Commission, Planning Advisory Board, or Zoning Board as
agent or attorney for any other person.
f. Assignment of Other Personnel. The City Manager
shall assign a member of the Public Works, Planning and Building
Departments to attend puiJiic ; earingc
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the P1 Ann i na Advisory
Board to advise the Planning Advisory Board when necessary, and
to furnish information, reports and recommendations upon request
of the board.
The City Attorney shall assign a member of the City L
Department to attend public hearings of the Planning Advisory
Board to advise the Planning Advisory Board when necessary, and
to furnish information, reports, and recommendations upon
request of the board.
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ARTICLE III -- ZONING BOAkD
Section 62-12. Establishment. There is hereby
established a board, to be known as the Zoning Board of the
City of Miami, Florida. The Zoning Board shall consist of.
seven (7) members, to be appointed in the manner set out
in Article IV of this Chapter.
Section 62-13. Responsibilities of the Zoning
Board: Generally. The Zoning Board shall have the following
primary areas of responsibility:
a. It shall serve as an instrument for the hearing
of applications for the rezoning of specific properties, as
set out in Article XXX of the Comprehensive Zoning Ordinance
of the City of Miami. When acting in this capacity, its
work shall be deemed advisory and recommendatory, and only
advisory and recommendatory, to the City Commission.
b. It shall serve as the quasi-judicial instrument
for the granting of a variance under the Comprehensive
Zoning Ordinance, or for conditional use under the Comprehensive
Zoning Ordinance. It shall perform these functions as
set out in this Article and under the applicable laws and
regulations of the State of Florida and the City of Miami.
c. It shall perform such other functions as may
be given it by appropriate action of the City Commission or
pursuant to other City ordinances.
Section 62-14. Proceedings: Generally.
a. Officers and Votizy.
The Zoning Boa rfi Rha 11
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select a Chairman and a Vice -Chairman from among its members
and may create and fill such other offices as it may determine.
All members shall be required to vote on matters before
the Zoning Board, subject to the provisions of Subsection (e) of
this section and applicable Florida statutes.
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b. Rules of Procedure. The Zoning Board shall
establish rules of procedure necessary to its governance
and the conduct of its affairs, in keeping with the applicable
provisions of Florida Law, City Charter, and City ordinances
and resolutions. Such rules of procedure shall be available
in written form to persons appearing before the Zoning
Board and to the public upon request.
c. Meetings. The Zoning Board shall hold at least
two (2) regularly scheduled meetings each month, except the
month of August, on days to be determined by the Board.
Other regularly scheduled meetings may be set by the Board
and additional meetings may be held at the call of the
Chairman and at such other times as the Zoning Board may
determine. Meetings that are not regularly scheduled
shall not be held without at least twenty-four (24) hours
notice to each member. The Zoning Board shall have the
power to take testimony under oath.
d. Quorum; Public Records. The Zoning Board shall
keep detailed minutes of its proceedings, showing the vote
of each member, or if absent or failing to vote under Subsection
(e) of this section, indicating such fact. The Zoning Board
shall keep records of its examinations and other official
actions, all of which shall be a public record and filed
immediately in the office of the City Clerk.
A quorum for the transaction of business shall consist
of five (5) members and each item before the board shall
require the affirmative vote of at least a majority of the
total membership of the Board for passage. In the absence
of a full board, the applicant shall be allowed, upon
request, one deferral.
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e. Disqualification of Members. If any member
of the Zoning Board called on to sit in a particular case,
shall find that his private or personal interests are
involved in the case coming before the Board, he shall,
prior to the opening of the hearing on the cause, disqualify
himself from all participation of whatsoever nature in the
case; or he may be disqualified by the votes of not less
than a majority cf the total membership of the Board, not
including the member about whom the question of disqualification
has-been raised. No members of the Zoning Board shall
appear before the City Commission, Zoning Board, or Planning
Advisory Board as agent or attorney for any other person.
f. Assignment of Other Personnel. The City Manager
shall assign a member of the Public Works, Planning and Building
Departments to attend public hearings of the Zoning Board, to
advise the Zoning Board when necessary, and to furnish in-
formation, reports and recommendations upon request of the
board.
The City Attorney shall assign a member of the City
Law Department to attend public hearings of the Zoning Board,
to advise the Zoning Board when necessary, and to furnish
information, reports, and recommendations upon request of
the board.
Section 62-15. Powers and Duties: Generally.
a. In accordance with the general statement of
section 62-13(a) of this Article. the Zoning Board shall have
the power to hear applications for the rezoning of particular
properties and to make recommendations thereon to the City
Commission, as set out in Article XX7X of the Comprehensive
Zoning Ordinance.
b. In furtherance of its quasi-judicial functions
under Section 62-13(b) of this Article, the Zoning Board
shall have the following powers and duties:
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(1) Conditional Uses. To hear and decide
such conditional uses as the Zoning Board is specifically
authorized to pass on under the terms of the comprehensive
Zoning Ordinance of the City; to decide such questions as
are involved in the determination of whether or not conditional
uses should be granted; and to grant conditional uses with
appropriate conditions and safeguards, or to deny conditional
uses when not in harmony with the purpose and intent of the
Comprehensive Zoning Ordinance of the City.
(2) Variances. To authorize upon application
such variance from the terms of the Comprehensive Zoning
Ordinance of the City of Miami as will not be contrary to
the public interest where, owing to special conditions, a
literal enforcement of the provisions of the Comprehensive
Zoning Ordinance of the City would result in unnecessary
and undue hardship.
(3) To authorize and approve such other
matters as shall be brought before the board pursuant to
the Charter and Code of the City of Miami.
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ARTICLE IV -- APPOINTMENT OF MEMBERS OF PLANNING
ADVISORY BOARD AND ZONING BOARD
Section 62-16. Intent. It is intended that members
of the Planning Advisory Board and of the Zoning Board
established by this chapter shall be persons of knowledge,
experience, mature judgment, and background, having ability
and desire to act in the public interest, and representing
insofar as may be possible, the various social, demographic,
and economic elements of the City. To that end, the
following procedures set out in this Article shall be
followed in the making of appointments as members of
the Planning Advisory Board and of the Zoning Board.
Section 62-17. Size of Boards and Terms of Office.
The Planning Advisory Board and the Zoning Board shall each
consist of seven (7) members to be appointed by the City
Commission in the manner and under the standards hereinafter
set out. Each member shall be appointed for a term of three
(3) years; provided, that of the members of each board first
appointed under this Article, three (3) shall be appointed
for a term of three (3) years each, two (2) shall be
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appointed for terms of two (2) years each, and two (2)
shall be appointed for terms of one (1) year each, except
as set out in Section 62-18 of this article.
Section 62-18. Appointment. No appointment shall
be made by the City Commission to membership on the Planning
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Advisory Hoazcl or or. the Zor:iu+;j 11,-�.ard .. until the Commission
shall have given notice in a newspaper of general circulation
in the City of the vacancies at least thirty (30) days prior
to the making of an appointment, and shall have solicited
and encouraged the public and professional or citizen
organizations within the area having interest in and knowledge
of the planning and plan implementation process to submit
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names of persons and their qualifications for consideration
as prospective appointees of the boards. At least five
(5) days prior to the making of any appointment, the City
Commission shall cause to have available to the public,
and shall publicly make announcement of the fact, that the
list of names thus submitted, together with a short statement
of the qualifications of each person, is prepared and
available for public inspection and consideration. In
reaching decision on appointment, the City Commission shall
give due consideration to the names thus submitted.
In addition, the City Commission shall, at least
five (5) days prior to the making of any appointment, cause
to have available to t?-.? public, and shall publicly make
announcement of the fact, that the names of prospective
nominees submitted by Members of the City Commission and
a short statement of qualifications of such persons are
available for public inspection and consideration.
No person shall be appointed to membership on
the Planning Advisory Board or on the Zoning Board, whose
name and qualifications have not been made publicly
available in the manner set out.
Section 62-19. Standards and Qualifications. In
reaching decision on appointment to a vacancy or vacancies
on the Planning Advisory Board or on the Zoning Board, the
City Commission shall give due regard to and be guided by the
necessity for, of representation on the boards of (1)
geographical sections and areas of the City; (2) social,
economic, and demographic characteristics of the City;
(3) qualifications, background, experience, and abilities
of appointees to fulfill the duties and responsibilities
of board membership; (4) prior demonstration by prospective
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appointees of interest in and concern for planning and
planning implementation as may be evidenced by previous
attendance at planning and land use control seminars;
(5) membership in organizations having the primary aim of
the furtherance of dissemination of knowledge of and support
of sound planning and implementation programs; (6) other
activity evidencing knowledge and interest in the public
purposes of planning and plan implementation; (7) potential
conflicts of interest; (8) demonstrated maturity and
objectivity of judgment; and (9) needs for expertise,
if any, in the membership of the boards. Appointees shall
be persons in a position to represent the public interest,
and no person shall be appointed having personal or private
interests likely to conflict with the public interest.
No person shall be appointed who has any interest
in the p.cofits or emoluments of any contract, job, work,
or service for the City. No person shall be appointed who
holds any elective office or is employed in a full-time
capacity by any governmental authority in Dade County or the
City of Miami. Before making any appointment the City
Commission shall determine that the person so appointed
satisfies the requirements of Section 2-101 through 2-108,
"Conflict of Interest", Code of Miami; and no person shall
be confirmed in appointment who has not filed the statement
required by Section 2-105, Code of Miami. In addition,
the Code of Ethics of Metropolitan Dade County shall apply
to members of the Planning Advisory Board and of the Zoning
Board.
Persons appointed shall be electors of the City.
No member of the Planning Advisory Board or of the
Zoning Board shall be confirmed in his appointment until
he shall sign a statement agreeing to participate in at
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least one seminar on planning to be held in Florida, and
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approved by the City, during the course of each year he
shall remain a member of the planning Advisory Board or of the
Zoning Board; and failure to meet this requirement each and
every year after assuming board membership may be deemed
grounds for removal under Section 62-21 of this article.
Section 62-20. Reappointment. A member of the
Planning Advisory Board or of the Zoning Board may be
reappointed for not more than one additional consecutive
three (3) year term, in the manner herein set out; but
this provision shall not be applicable to those members
appointed to fill an unexpired term under Section 62-21 of this
article or to those members appointed for one (1) or two(2) year
terms under Section 62-17 of this article and that such persons m
serve two (2) consecutive full three (3) year terms.
Section 62-21. Vacancies. Vacancies in the
membership of the Planning Advisory Board or of the Zoning
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Board shall be filled by the City Commission by appointment
in the manner herein set out and for the unexpired term
of the member affected.
It shall be the duty of the Chairman of the Planning
Advisory Board or the Chairman of the Zoning Board, as the
case may be, to notify the City Clerk within ten (10) days
after a vacancy occurs, and the City Clerk shall promptly
tran9mit 4nrh► information to the City Commission for
appropriate Commission action as set out herein.
Section 62-22. Removal.
a. Members of the Planning Advisory Board and
of the Zoning board may be removed for cause by the City
Commission upon the votes of not less than three (3) members
of the Commission, upon written charges and public hearing,
if the member affected requests such public hearing.
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b. A member of the Planning Advisory Board and
of the Zoning Board shall automatically be removed for
missing more than two (2) regularly scheduled meetings during
the calendar year without an excused absence. For the
purposes of this article an -excused absence shall be defined
as illness, death in family or away on city business.
Section 62-23. Compensation. Members of the
Planning Advisory Board and of the Zoning Board shall receive
a remuneration of $100.00 per month. The City Commission
shall make provision for the payment of actual and necessary
expenses, in accord with City Policy, for'the attendance
of each member of boards at one City authorized planning
seminar or conference each year to be held in the State of
Florida.
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ARTICLE V -- PUBLIC NOTICE
Section 62-24. Where public notice is required in
the administration of the comprehensive planning program
asset out in Section 72 of the Charter of the City of
Miami and ordinances enacted thereunder, the type and manner
of public notice to be given shall be as set out in the
ordinance or section of the ordinance for the matter
involved and as set out below.
Section 62-25. Types of Notice. The requirements
for the types of public notice are as follows:
a. Newspaper Publication. Publication of public
notice in a newspaper shall consist of publication in:
(1) a daily newspaper of the largest general
circulation in the City,
(2) a daily newspaper of general circulation
in the City devoted primarily to the reporting of financial,
business, industrial, and legal information; and
(3) a newspaper devoted primarily to reporting
information of interest in an area or locality of the
City.
Such publications shall be made not less than
ten (10) days in advance of the public hearing.
b. Posting.
(1) Where posting of a property is required,
it shall be done at least ten (10) days in advance of the
hearing and shall consist of a sign to be posted on the
said land which shall measure at least three (3) bquarc feet
in area, shall be of a color distinguishable from the
surrounding landscape, and shall contain substantially the
following language:
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A PUBLIC HEARING CONCERNING THE
REZONING OF THIS PROPERTY FROM
TO WILL BE HELD BY
THE (ZONING BOARD, CITY COMMISSION)
OF THE CITY OF MIAMI. CALL (phone
number) FOR INFORMATION.
or
A PUBLIC HEARING INVOLVING A VARIANCE
ON THIS PROPERTY TO (short statement
of nature of variance requested) WILL
BE HELD BY THE (ZONING BOARD, CITY
COMMISSION) OF THE CITY OF MIAMI.
CALL (phone number) FOR INFORMATION.
or
A PUBLIC HEARING INVOLVING A CONDITIONAL
USE ON THIS PROPERTY FOR THE PURPOSE
OF (short statement of nature of request)
WILL BE HELD BY THE (ZONING BOARD, CITY
COMMISSION) OF THE CITY OF MIAMI. CALL
(phone nnmh.r) FOR INFORMATION.
(2) The sign shall be erected in full view
of the public on each street side of the said land. Where
the property for which rezoning, variance, or conditional
use, as the case may be, is sought is landlocked, the sign
or signs shall be erected on the nearest street right of
way, with an attached notation indicating
generally the
distance and direction to the property for which rezoning
is sought. Where large parcels of property are involved
with street frontages extending over considerable distances,
as many signs shall be erected on a street frontage as may
be deemed adequate to inform the public.
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(3) it shall be a misdemeanor in the
second (2) degree punishable pursuant to Florida Statute
775.082 and 775.083 for any unauthorized person to
tamper with or remove the signs posted pursuant to
this section.
c. Mail Notice. Notice of the time and place
of the public hearing by the Planning Advisory Board,
Zoning Board, or City Commission, as the case may be, shall
be sent at least ten (10) days in advance of the hearing
by mail to the owner of the ubject property or his
designated agent or attorney if any.
Notice of the time and place of the public hearing
by the Planning Advisory Board, Zoning Board, or City
Commission, as the case may be, shall be sent at least
ten (10) days in advance of the hearing by mail to all
owners of property within three hundred and seventy five
(375) feet of the property lines of the land for which the
hearing is required. For the purpose of this requirement,
the names and addresses of property owners shall be deemed
those appearing on the latest tax rolls of the City. The
Director of Administration for Planning and Zoning Boards
shall certify at the time of the public hearing that notice
as herein required was given to the persons as named and
with addresses shown on his certification by the placing in
the mail system of the United States on the date certified
the required notice(s); the certification shall be conclusive
of the giving of mail notice and no action taken by the
Planning Advisory Board, Zoning Board, or the City Commission,
as the case may be, shall be voided by the failure of an
individual property owner to receive such mail notice.
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\\d.. Additional and Optional Notice The
Planning Advisory Board, Zoning Board, or Ciy Commission,
as the case may be, may give additional and optiona1
notice as may be deemed proper for the circumstances
involved for the particular hearing or hearings, but such
additional notice shall not be deemed as legally required.
Where such additional or optional notice is given, failure
of an individual property owner or groups of property owners
or residents to receive or be aware of such notice shall
not void any action taken by the Zoning Board, Planning
Advisory Board, or the City Commission, as the case may be.
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ARTICLE VI
Fees for a public hearing to consider
a change or modification of classification
or regulation affecting property.
Section 62-26. Any application for a change or
modification in the classification or regulation affecting
any property shall be accompanied by an application fee in
the amount set forth in this section:
(a) All applications for changes in zoning shall
be accompanied by application fees in the
following amounts:
For a change to R-1, R-2, R-3,
R-3A, R-CA $ 02/sq. ft.
of land area._
For a change to R-4, R-5, R-5A,
R-C, R-CB, R-C-1 $ 04/sq. ft.
of land area.
For a change to C-1, C-1A, C-2,
C-3, C-4, C-5, W-R,
W-I, I-1, I-2
$ 06/sq. ft.
of land area.
The maximum fee for a change in zoning shall be
$30,000.00.
(b) Applications for variance(s) involving a one
or two-family structure in any zoning
classification $50.00
(c) For a variance from each section of thc
ordinance (other than set forth in Section
62-26(b) above), the fee shall be based on
the total Floor Area (as defined in Ordinance
6871) of the building(s) located on the
site $ 02/sq.
of floor
area.
(d) The application fee for public hearings
for Conditional Uses shall be $300.00
(e) The application fee for vacation of
public right-of-way shall be
(f) The application fee for Planned Area
Development (PAD) shall be
(g) The application fee for each petition
for public hearing not covered in this
section shall be
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$2.00/run
ning foot
R/W; mini
mum $200.
$ 04/sq.
of land
$300.00
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(h) The maximum fee to be charged any
governmental agency other than the
City of Miami for any public hearing
shall be $500.00.
Section 62-27 Appeals. All appeals from the decisions
of the Zoning Board to the City Commission, except those
appeals initiated by an agency of the City of Miami, shall
be accompanied by a fee which shall be the equivalent of the
fee originally charged the applicant as set out in Section
62-26, with a maximum fee per appeal of $500.00.
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Section 2. That the present Section 72 of the
Charter of the City of Miami is hereby adopted in its
entirety as an ordinance of the City of Miami to be
effective until midnight, December 31, 1973.
Section 3. That Section 1 of this ordinance is
to become effective on midnight, December 31, 1973.
Section 4. That the rest of this ordinance
will be effective immediately upon passage.
Section 5. 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.
PASSED ON first reading by title only this
day of , 1973.
PASSED AND ADOPTED on second and final reading by
title only this day of , 1973.
MAYOR
Attest:
City Clerk
PREPAREn AND APPROVED By:
R. Harris Turner
Assistant City Attorney
REVIEWED BY: i
John S. Lloyd
Assistant Director of Lai
APPROVED AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
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ORDINANCE NO.
rt:r
73 SEP 1/411/
t y 61, � •
AN ORDINANCE CREATING A NEW DEPARTMENT
IN THE CITY OF MIAMI CALLED DEPARTMENT OF
ADMINISTRATION FOR PLANNING AND ZONING
BOARDS, SETTING FORTH THE ESTABLISHMENT
AND FUNCTION OF THE DEPARTMENT; QUALIFICATIONS
FOR THE APPOINTMENT OF A DIRECTOR; THE
SALARY AND THE DUTIES OF THE DIRECTOR;
PROVIDING FOR THE EFFECTIVE DATE; AND
PROVIDING FOR A SEVERABILITY CLAUSE.
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WHEREAS, Ordinance No. 8031 was passed and adopted
on July 20, 1972,by the City Commission which provided for
a charter election to change the Planning and Zoning procedure
under Section 72 of the Charter of the City of Miami; and
WHEREAS, the electors of she City of .Mani 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 ele 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 she various groups.
NOW,THEREFORE, BE IT ORD\I`:ED BY THE COMMISSION
OF HE CITY OF MIAMI , FLO:? IDA :
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Section 1. That Chapter 2 of the Code of the City
of Miami be amended by adding a new division, Division 17,
Department of Administration for Planning and Zoning Boards
to read as follows:
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1 DIVISION 17.DEPARTMENT OF ADMINISTRATION FOR PLANNING
2 AND ZONING BOARDS
3 zectio#12 10Q,,,1,. _EsitajAistunent and ruictipn: S,enerally.
4 There is hereby createda Department of Administration for Planning
5 and Zoning Boards, which shall have the function of providing
6 administrative assistance, as set out herein and in applicable
7 City Ordinance and regulations, to the Planning Advisory Board and
8 to the Zoning Board.
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25 Zoning Board. He shall attend all meetings of the Zoning Board and
26 shall furnish to members of the Zoning Board upon request information
27 and reportsnecessary to the conduct of their business. He shall
28 provide secretarial assistance for the recording and transcription of
29 the minutes of the Zoning Board. He shall be responsible for maintain-
30 ing all records of the Zoning Board and all such records shall be
31 public records.
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Section 2-100.2 Appointment of Director; Qualifications;
Salary. The Department of Administration for Planning and Zoning
Boards shall be headed by a Director who shall be appointed by the
City Manager. The appointee shall have experience, knowledge
and skill in urban,planning and land use control regulation. He
shall not be a member of the Planning Advisory Board or the Zoning
Board. His salary shall be fixed as are the salaries of directors of
City Departments, and the City Commission shall make provision for
such other employees and financial assistance as may be necessary to
the efficient conduct of his office.
Section 2 J00.3. Duties -- Zoning Board. The Director of the
Department of Administration for Planning and Zoning Boards shall serve
as Executive Secretary and General Administrative Officer of the Zoning
Board. He shall be responsible for the processing of applications and
petitions for public hearings, necessary notification for public hear-
ings, and scheduling of public hearings required to be held by the
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Section 2-100.4 Duties -- Planning Advisory Board.
The Director of the Department of Administration for Planning
and Zoning Boards shall be responsible for the processing of
all public hearings, including notification and scheduling,
required to be held by the Planning Advisory Board. He shall
attend all public hearings of the Planning Advisory Board and
shall furnish to the members of the Planning Advisory Board upon
request information and reports relative to the conduct of
such Planning Advisory Board hearings. He shall provide
secretarial assistance for the recording and transcription of
the minutes of the public hearings required to be held by the
Planning Advisory Board. He shall be responsible for
maintaining the records of public hearings of the Planning
Advisory Board and all such records shall be public records.
Section 2-110.5. Tenure; Removal. The Director of
the Department of Administration for Planning and Zoning
Boards shall have tenure and be subject to removal in the
same fashion as other directors of departments of City
government.
Section 2-100.6. Assignment of Other Personnel to
Aid Planning Advisory Board and Zoning Board. Upon request
The Director of the Department of Administration for Planning
and Zoning Boards, the City Manager and City Attorney may
assign representatives of other City Departments to attend
public meetings of the boards and to furnish information,
reports, and recommendations to the boards.
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Section 2-100.4 Duties -- Planning Advisory Board.
The Director of the Department of Administration for Planning
and Zoning Boards shall be responsible for the processing of
all public hearings, including notification and scheduling,
required to be held by the Planning Advisory Board. He shall
attend all public hearings of the Planning Advisory Board and
shall furnish to the members of the Planning Advisory Board upon
request information and reports relative to the conduct of
such Planning Advisory Board hearings. He shall provide
secretarial assistance for the recording and transcription of
the minutes of the public hearings required to be held by the
Planning Advisory Board. He shall be responsible for
maintaining the records of public hearings of the Planning
Advisory Board and all such records shall be public records.
Section 2-110.5. Tenure; Removal. The Director of
the Department of Administration for Planning and Zoning
Boards shall have tenure and be subject to removal in the
same fashion as other directors of departments of City
government.
Section 2-100.6. Assignment of Other Personnel to
Aid Planning Advisory Board and Zoning Board. Upon request
The Director of the Department of Administration for Planning
and Zoning Boards, the City Manager and City Attorney may
assign representatives of other City Departments to attend
public meetings of the boards and to furnish information,
reports, and recommendations to the boards.
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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.
PASSED ON first reading by title only this
day of , 1973.
PASSED AND ADOPTED on second and final reading by
title only this day of , 1973.
PREPARED AND APPROVED BY:
REVIEWED BY:
MAYOR
Attest:
City Clerk
R. Harris Turner
Assistant City Attorney
John S. Lloyd
Assistant Director of Law
APPROVED AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
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2
ORDINANCE NO.
AN ORDINANCE DELETING ARTICLE XXX -
AMENDMENTS OF ORDINANC'F 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; PROVIDINGFOR 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 DENIEDAND TIME LIMITS FOR REHEARING;
PROVIDING FOR THE EFFECTIVE DATE; AND
PROVIDING FOR A SEVERABILITY CLAUSE.
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WHEREAS, Ordinance No. 3081 was passed and adopted
on July 20, 1972, by the City Commission which pro•J td-?d nor
a charter election to change the Planning .1nd Zoning procedure
under Section 72 of the Charter of the (iLv o Mi.t:sii; 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 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. Intent.
(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 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)
(c)
Planning Advisory Board;
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 pert=..nent
information required by this Comprehensive Zoning Ordinance
and which may be required for proper considerationof 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 of
Administration for Planning afid 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
ap;.:.opriate 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 hearing before
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the Planning Advisory 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 he
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 aftep the
proposal for amendment has been filed in the Office of the
Director of the Department of Administration for Planning
and Zoning Boards. Wher:, reports of the City Planning
Deportment 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
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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 proposes 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
Commission shall show:
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(a) When pertaining to the rezoning of land
and where the application has been initiated under categories
(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 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 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. 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 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
rezoning 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 Commission 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;
2. cons:;.der an application for any other
kid of rezoning on 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 Commission 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 same 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.
PASSED ON first reading by title only this
day of , 1973.
PASSED AND ADCPTED on second and final reading by
title only this day of , 1973.
PREPARED AND APPROVED BY:
REVIEWED BY:
is
n S. Lloyd (/
istant Director of Law
MAYOR
Attest:
City Clerk
i
'R. Harris Turner
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
RHT/cc
9/20/73
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ORDINANCE NO.
C;tr MANACEN-MIAMi
'T3 SEP 24 Pk 4 :
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.
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WHEREAS, S, Ordinance `io. 8031 was passed and adopted
on July 20, 1972,by the City Commission which provided for
a charter election to change the Planning and Zoning procedure
under Section 72 of the Charter of the City oE Miami; and
WHEREAS, the electors of the City of Miami approved
the changes in Section 72 oE the Charter Jr 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 charge 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 ne suggestion ti:u
recommendations presented to it by the various groups.
NOW,THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE
CITY OF 61IAMI, 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:
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ARTICLE `{XXI - 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. 4 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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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
piihl is welfare. Do_uments, 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 62-25a thru d of the Miami City Code.
(c) Public Hearing. A public hearing shall
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 ::onditions 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 effec-
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
natural features cannot be relocated; a
;it p1 n prPnared 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 sixteen (16) feet and sub-
mitted in four (4) copies; 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 the Miami City C
(2) Any person or persons, jointly or severally,
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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.
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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.
PASSED ON first reading by title only this
day of , 1973.'
PASSED AND ADOPTED on second and final reading by
title only this day of , 1973.
MAYOR
Attest:
City Clerk
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PREPARED AND APPROVED BY:
R.IH • ris Turner
Assistant City Attorney
- REVIEWED BY: i ' � -,/ , ..(, -/ , '/,,e!,
John S. Lloyd /'
� Assistant Director of Law
APPROVED AS TO FORM AND CORRECTNESS:
Alan II. Rothstein
City Attorney
.
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RHT/cc
9/20/73
ORDINANCE NO.
"!jr MANAGER-MIAMI
'13 SEP 1 y NM 4 ; .15
AN ORDINANCE DELETING ARTICLE XXXII -
CONDITIONAL USE OF ORDINANCE NO. 6871,
4►S 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-
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.
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WHEREAS, Ordinance No. 8081 was passed and adopted
on July 20, 1972,by the City Commission which provided for
a charter election to change the Planning and'Zoning procedure
under Section 72 of the Charter of the City of Miami; and
WHEREAS, the electors of the City of Miami approved
the changes in Section 72 of the Charter of the City of
Miami, as set out in Ordinance No. 8081; and
WHEREAS, 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 ►,_ ..._ 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:
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ARTICLE XXXII - CONDITIONAL USE
Section 1. Conditional Use Defined.
(1)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 es 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 indica ing 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, offstreet
parking and offstreet loading areas, refuse and service areas;•
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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 inet. 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 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
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that, further, satisfactory provision and arrangement has
been made concerning the following matters, where applicable:
1. Ingress and egress to property and
proposed structures thereon with particular
reference to automotive and pedestrian
safety and convenience, traffic flow and
control, and access in case of fire 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;
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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 Ordinance.
(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 substantial
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 Comma siun.
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
regulL.tions relating to the specific conditional use
rea•lested, if any.
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(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.
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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.
PASSED ON first reading by title only this
day of , 1973.
PASSED AND ADOPTED on second and final reading by
title only this day of , 1973.
PREPARED AND APPROVED BY:
REVTE►'TED BY:
MAYO R
Attest:
City Clerk
R. Harris Turner
Assistant City Attorney
•
John S. Lloyd
Assistant Director of taw
APPROVED AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
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