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�* ,rl.� Legislation
Ordinance: 13587
File Number: 15-01552
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/28/2016
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING
AND ZONING DEPARTMENT', MORE PARTICULARLY BY AMENDING SECTION
2-211 ENTITLED, "DENIAL OR REVOCATION OF CERTIFICATE OF USE", TO
PROVIDE A PROCESS TO APPEAL THE DENIAL OR REVOCATION OF A
CERTIFICATE OF USE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), currently permits
the appeal of the denial or revocation of a Certificate of Use by the Zoning Administrator to the
Planning, Zoning and Appeals Board ("PZAB"); and
WHEREAS, it is desirable to establish a vehicle for the appeal of the decision of the PZAB to the
City Commission;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/Article IV/Division 2 of the City Code, is amended in the following
particulars:{1 }
"CHAPTER 2
ADMINISTRATION
ARTICLE IV
DEPARTMENTS
DIVISION 2
PLANNING, BUILDING AND ZONING DEPARTMENT
City of Miami Page 1 of 3 File Id: 15-01552 (Version: 2) Printed On: 1112212016
File Number: 15-01552 Enactment Number: 13587
Sec. 2-211. - Denial or revocation of certificate of use.
(a) The zoning administrator may deny the issuance or renewal of a certificate of use for good
cause.
(b) Revocation of certificate of use. The zoning administrator may revoke a certificate of use for any
of, but not limited to, the following reasons:
(1) The applicant provided a material false statement in the application or in the supplemental or
additional statements of fact or studies required by the city.
(2) There is a failure to comply with the terms or conditions of the certificate of use.
(3) There is a violation of the provisions of this division.
(4) The certificate of use holder subsequent to being issued a certificate of use, has been
convicted of, or has pled guilty to, a violation of a law of Florida, or ordinance of Miami -Dade
County or the city, which violation resulted from actions relating to the terms or conditions of
the certificate of use.
(5) The certificate of use holder is engaging or has engaged in an activity from the proposed
premises that is not in compliance with a zoning ordinance or other city ordinance.
The zoning administrator shall send written notice of the revocation, reason for the revocation
and the effective date of the revocation to the holder of the certificate of use at the address of
record on file with the city.
(c) Appeal. If a certificate of use is denied or revoked, the applicant or an aggrieved party who
resides, occupies, or owns property within five hundred feet of the property may file an appeal
with the office of hearing boards within 15 days of the decision to deny or revoke the certificate
of use. The appeal shall be heard at the next available regular meeting of the Planning, Zoning
and Appeals Board. The decision of the Planning, Zoning and Appeals Board regarding a
certificate of use may be appealed to the City Commission by an applicant, an aggrieved party
who resides, occupies or owns property within five hundred (500) feet of the affected property,
or the Plannina and Zonina Department.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
Footnotes:
City of Miami Page 2 of 3 File Id: 15-01552 (version: 2) Printed On: 1112212016
File Number: 15-01552
Enactment Number: 13587
{1 } Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are not in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the effective
date stated herein, whichever is later.
City of Miami Page 3 of 3 File Id: 15-01552 (version: 2) Printed On: 1112212016
A! G.P Cit of Miami City Hall
Y 3500 Pan American
Drive
Miami, FL 33133
Legislation
1" ¢ www.miamigov.com
Ordinance: 13594
File Number: 15-01249zt Final Action Date: 1/28/2016
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, KNOWN AS THE MIAMI 21 CODE ("MIAMI 21 CODE"), BY AMENDING
ARTICLE 7, DIVISION 1, ENTITLED "PROCEDURES", SECTIONS 7.1.1.5,
ENTITLED "CITY COMMISSION", AND 7.1.5, ENTITLED "APPEALS", TO EXPAND
THE SCOPE OF APPEALS FROM THE PLANNING, ZONING AND APPEALS
BOARD TO INCLUDE CERTIFICATE OF USE REVOCATIONS; PROVIDING FOR
INCLUSION IN THE MIAMI 21 CODE; AND PROVIDING FORAN EFFECTIVE
DATE.
WHEREAS, Ordinance No. 13114, the Miami 21 Code, the Zoning Ordinance of the City of Miami,
Florida, as amended ("Miami 21 Code"), codifies the power of the Zoning Administrator to grant, deny,
and revoke Certificates of Use; and
WHEREAS, Article 7 of the Miami 21 Code and Section 2-211 of the Code of the City of Miami,
Florida, as amended, provide for an appeal to the Planning, Zoning and Appeals Board ("PZAB") of the
decision of the Zoning Administrator to deny or revoke a Certificate of Use; and
WHEREAS, Article 7 in its current form does not provide for a subsequent appeal to the City
Commission of a decision by the PZAB on an appeal of a Certificate of Use denial or revocation; and
WHEREAS, Article 7 currently regulates procedures for quasi-judicial hearings and quasi-judicial
Boards, and, therefore, it is appropriate to provide additional procedures in Article 7 relative to the
appeal of decisions regarding Certificates of Use; and
WHEREAS, on September 29, 2015, the PZAB recommended APPROVAL, by a vote of eight to
zero (8-0), to the City Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. The Miami 21 Code is hereby amended by making modifications to Article 7 in the
following particulars:{1}
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1 PROCEDURES
City of Miami Page 1 of 3 File Id. 15-01249zt (Version: 3) Printed On: 1112212016
File Number: 15-01249zt
7.1.1.4 Planning, Zoning, and Appeals Board
b. Functions, Powers, and Duties
Enactment Number: 13594
10. To hear, de novo, and make a ruling on an appeal of the following administrative
decisions:
a AR ^d-p:im mstr^+,"^ +^+^rrr;.,^+,^^A Planning Determination of Use by the Planning Director;
b. The decision of the Zoning Administrator regarding a Waiver;
c. The decision of the Planning Director regarding Warrant;
d. A zoning interpretation by the Zoning Administrator;
e. The decision of the Zoning Administrator regarding Z^^i^^ appmv^' ^r a denial or
revocation of a Certificate of Use.
7.1.1.5 City Commission
The City Commission, in addition to its duties and obligations under the City Charter, the City
Code, and other applicable law, shall have the following duties specifically in regard to the
Miami 21 Code:
e. To hear appeals of the ruling of the Planning, Zoning and Appeals Board on the appeal of
a zoning interpretation, Certificate of Use denial or revocation, planning determination of
Use, Warrant, Variance or Exception.
7.1.5 Appeals
Appeals to the appropriate appellate body from the following decisions shall be made as
follows:
a. Fifteen (15) days from the posting on the city website of the decision of the Zoning
Administrator on an application for Z^^i^^ appFev^' GGFtifiGat. ,.f "&^zoning interpretation
or Waiver, and fifteen (15) days from the denial or revocation of a Certificate of Use: to the
Planning, Zoning and Appeals Board.
City of Miami Page 2 of 3 File Id: 15-01249zi (version: 3) Printed On: 1112212016
File Number: 15-01249zt
Enactment Number: 13594
NO I
11 fit
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ed. Fifteen (15) days from the decision of the Planning, Zoning and Appeals Board on a zoning
interpretation appeal, denial or revocation of a Certificate of Use appeal, planning
determination appeal, or Warrant appeal: to the City Commission.
#e. Thirty (30) days from the appellate decision of the City Commission on a zoning
interpretation appeal, denial or revocation of a Certificate of Use appeal, planning
determination appeal, Warrant appeal, Variance appeal or Exception appeal: to the circuit court
of the eleventh judicial circuit in the manner set forth in the rules of the court.
gf. Thirty (30) days from the decision of the City Commission on a code amendment: to the
circuit court of the eleventh judicial circuit in the manner set forth in the rules of the court.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Miami 21 Code, which provisions may be renumbered or re -lettered
and that the word 'ordinance" may be changed to "section", "article", or other appropriate word to
accomplish such intention.
Section 5. This Ordinance shall become effective immediately upon adoption and signature by the
Mayor.{2}
Footnotes:
{1 } Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it
shall become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Miami Page 3 of 3 File Id: 15-01249zi (version: 3) Printed On: 1112212016