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HomeMy WebLinkAboutO-082201 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ORDINANCE NO.8220 AN ORDINANCE AMENDING ORDINANCE NO. 8198 BY ADDING A NEW SUBSECTION 3 TO ARTICLE XXXI, SECTION 3, PROVIDING THAT IF A PETITION FOR VARIANCE BEFORE THE ZONING BOARD IS DENIED NO NEW PETITION FOR THE SAME TYPE OF VARIANCE SHALL BE CONSIDERED FOR A PERIOD OF ONE YEAR; PROVIDING FOR THE EFFECTIVE DATE; PROVIDING FOR A SEVERABILITY CLAUSE; DECLARING THIS TO BE AN EMERGENCY MEASURE AND DISPENSING WITH THE REQUIRE- MENTS OF FLORIDA STATUTE 166.041(3)(a); AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 8198 of the City of Miami, Florida, passed and adopted October.4, 1973, is hereby.amended by adding a new Subsection 3 to Article XXXI, Section 3, to read as follows: "Subsection 3. Whenever action has been taken to deny Petition for Variance on any property, the Zoning Board shall not thereafter consider a Petition for the same type of variance on all or any part of the same property for a period of one year from the date of denial." Section 2. This ordinance is to become effective on midnight December 31, 1973. Section 3. It is declared to be the legislative intent of this body that if any section, subsection, sentence, phrase, or provision of this ordinance is held invalid, the remainder of the ordinance shall not be affected. Section 4. Pursuant to Florida Statute 166.041 (3)(b), this ordinance is declared to be an emergency ordinance and the compliance with the requirements of Florida Statute 166.041 (3) (a) is hereby waived. 36 41. Section 5. That the requirement of reading this ordinance on two separate days be and the same is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED on first and only reading this 20th day of December, 1973. MAURICE A FERRE MAYOR H.D. SOUTHERN CITY CLERK MIA►Mi REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally ap- peared Martha Drobnie, who on oath says that she IS the V.P., Legal Ads of the Miami Review end Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of adver- tisement, being a Legal Advertisement or Notice in the matter of City of Miami, Florida Re: Adoption of Ordinance No. 8220 in the XXX Court. was published In said newspaper In the Issues of December 281 1973 w Afftant further says that the said Miami Review and Daily Record Is a newspaper published at Miami, In said Dade County, Florida, and that the said news• paper has heretofore been continuously published in said Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) end has been entered as second class mail matter at the post office In Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached cshop neither epmaednand affiant further says that s promised any person. firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 28thday'of December , a D i9• 73 t. - ,ti r. Janet Leo Notary Public, State of Florida at Large (SEAL) My Commission expires April 15, 1977. __. CITV OF' MtAM, DADE ( ENT' , FLORIDA LEGAL NOTiCE All inrrrested will take nottre t'. at nn the :Oth thy ••( Dcrem- 1 hrr. 1973 the Comm)ssion of the City of Miami. Flarlda ad•,pter1 an ordinance entitled - AN ORDINANCE _AMEND- ING ORDINANCE NO. 819S BY ADDING A NEW SUB- SEC'TI: N 3 TO ARTICLE XXXI. SECTION 3. PROVID- I:lO TWIT -.IF A PETI- TION FOR VARTSN: E BE- FORE THE ZONINr; EOARD Ia' DENTED NO NEW PF.TITION FOR THE SAME TYPE OF VARI- ANCE SHALL BE. CON- SIDErtED FOR A PF.P.I('L OF ONE YEAR: DROVID- ING FOR THE EFFEC- TIVE DATE: PROVIDING FOR A SEVERABILITY c L A S E: DECL.IRING THIS TO BE AN EMER- GENCY MEASURE AND DISPENSING WITH THE REQUIREMENTS OF FLOR- IDA STATUTE 16R.041(3, tat: AND DISPENSING WITH THE REQL'IRE- MENT OF READING THE SAME ON TWO SEPARATE. PAYS BY A l'OTE OF NOT LESS. THAN POVR-FI FT H S CF THE MEMBERS OF 711E COMMISSION. v,,tr i is designated Otciinince No. H. D. SO1.7THERN CITY CLERK .C;TY OF MI.>ML FL' FICA Publictitl n of this nctice r.n D A9 N. 11:rjWJ 40 r t!! 1 111 . t' 13 OEC 6 AM 10.03 ORDINANCE NO, 20 2.0 AN ORDINANCE AMENDING ORDINANCE NO. 8198 BY ADDING A NEW SUBSECTION 3 TO ARTICLE XXXI, SECTION 3, PROVIDING THAT IF A PETITION FOR VARIANCE BEFORE THE ZONING BOARD IS DENIED NO NEW PETITION FOR THE SAME TYPE OF VARIANCE SHALL BE CONSIDERED FOR A PERIOD OF ONE YEAR; PROVIDING FOR THE EFFECTIVE DATE; PROVIDING FOR A SEVERABILITY CLAUSE; DECLARING THIS TO BE AN EMERGENCY MEASURE AND DISPENSING WITH THE REQUIRE- MENTS OF FLORIDA STATUTE 166.041(3)(a); AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 8198 of the City of Miami, Florida, passed and adopted October:4, .1973, is herebyamended by adding a new Subsection 3 to Article XXXI, Section 3, to read as follows: "Subsection 3. Whenever action has been taken to deny Petition for Variance on any property, the Zoning Board shall not thereafter consider a Petition for the same type of variance on all or any part of the same property for a period of one year from the date of denial." Section 2. This ordinance is to become effective on midnight December 31, 1973. Section 3. It is declared to be the legislative intent of this body that if any section, subsection, sentence, phrase, or provision of this ordinance is held invalid, the remainder of the ordinance shall not be affected. Section 4. Pursuant to Florida Statute 166.041 (3)(b), this ordinance is declared to be an emergency ordinance and the compliance with the requirements of Florida Statute 166.041 (3) (a) is hereby waived. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 5. That the requirement of reading this ordinance on two separate days be and the same is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED on first and only reading this ATT day of = )r c° CITY CLERK }` ,f ✓ice%'� PREPARED AND APPROVED BY: R�. tIS URNER ASSISTANT CITY ATTORNEY , 1973. MAY O R APPROVED AS TO FORM AND CORRECTNESS: -2-