HomeMy WebLinkAboutPZAB 09-29-15 Supporting DocumentationPZAB.5
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID: 15-01249zt Quasi -Judicial
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 7, DIVISION 1,
"PROCEDURES"; SECTIONS 7.1.1.5 CITY COMMISSSION AND 7.1.5
APPEALS TO EXPAND THE SCOPE OF APPEALS FROM THE PLANNING,
ZONING AND APPEALS BOARD ("PZAB") TO INCLUDE CERTIFICATE OF
USE REVOCATIONS, PROVIDIING FOR INCLUSION IN THE MIAMI 21
ZONING CODE; AND PROVIDE FOR AN EFFECTIVE DATE.
Location: Citywide
Applicant(s) Daniel J. Alfonso, City Manager, on behalf of the City of Miami
Purpose: This ordinance will grant the City Commission the power to review and either
affirm or reverse an appellate decision of the Planning, Zoning, and Appeals
Board pursuant to the Zoning Administrator's revocation of a Certificate of Use.
Finding(s):
Planning and Zoning
Department:
Planning, Zoning and
Appeals Board:
Recommended approval.
September 29, 2015
City of Miami
Inkf°• Legislation
f (d j
Resolution
File Number: 15-01249zt
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY AMENDING ARTICLE 7, DIVISION 1, "PROCEDURES"; SECTIONS
7.1.1.5 CITY COMMISSSION AND 7.1.5 APPEALS TO EXPAND THE SCOPE OF
APPEALS FROM THE PLANNING, ZONING AND APPEALS BOARD ("PZAB") TO
INCLUDE CERTIFICATE OF USE REVOCATIONS, PROVIDIING FOR INCLUSION
IN THE MIAMI 21 ZONING CODE; AND PROVIDE FORAN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This ordinance will grant the City Commission the power to review and
either affirm or reverse an appellate decision of the Planning, Zoning, and Appeals
Board pursuant to the Zoning Administrator's revocation of a Certificate of Use.
WHEREAS, the Zoning Ordinance of the City of Miami codifies the power of the Zoning
Administrator to grant, deny, and revoke Certificates of Use; and
WHEREAS, Article 7 of the Zoning Ordinance provides for an appeal to the Planning, Zoning
and Appeals Board of the decision of a Zoning Administrator to 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 Planning, Zoning and Appeals Board on an appeal of a Certificate of
Use revocation; and
WHEREAS, Article 7 of the Zoning Ordinance of the City already regulates procedures, for
quasi-judicial hearings and the quasi-judicial Boards and it is therefore appropriate to provide
additional procedures in Article 7 relative to a Certificate of Use ; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB") recommended approval,
on 2015 by a vote of to (- ) 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. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida,
City of Miami page I of 2 File Id: 15-01249zt (Version: 1) Printed On: 912412015
File Number: 15-01249zt
known as the Miami21 Zoning Code, is hereby amended by making modifications to Article 7 in
the following particulars {1}:
"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 zon-ing interpretation, Certificate of Use revocation, planning determination,
Warrant, Variance or Exception.
7.1.5 Appeals
Appeals to the appropriate appellate body from the following decisions shall be made as
follows:
e. Fifteen (15) days from the decision of the Planning, Zoning and Appeals Board on a
zoning in-terpretation appeal, Certificate of Use revocation appeal, planning determination
appeal or Warrant appeal: to the City Commission."
Section 3. If any section, part of 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 Zoning Ordinance of the City of Miami, Florida, 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
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 2 of 2 File Id: 15-01249zt (!Version: 1) Printed On: 912412015