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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 Miand Page 1 of 3 File Id. 15-01552 (Version: 2) Printed On: 4/17/2018
File Number: 15-01552
Sec. 2-211. - Denial or revocation of certificate of use.
Enactment Number: 13587
(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 Planning and Zoning 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: 4/17/2018
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 Miand Page 3 of 3 File Id. 15-01552 (Version: 2) Printed On: 4/17/2018