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Ordinance: 13594
File Number: 15-01249A
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 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 FOR AN 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
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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 An administrative rdeterminatmenA 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 )yal er 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 ^nin^ r,r,r )yal GeFtifiGate of "rezoning interpretation
or Waiver, and fifteen (15) days from the denial or revocation of a Certificate of Use: to the
Planning, Zoning and Appeals Board.
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File Number: 15-01249zt
Enactment Number: 13594
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.
fe. 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.
*11
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.
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