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HomeMy WebLinkAboutSubmittal-Commissioner Ken Russell-Miami21 Article 7-Procedures & NonconformitiesMIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED • MAY 2015 ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1 PROCEDURES 7.1.1 Authorities The administration of the Miami 21 Code shall include the following authorities: Zoning Administra- tor; Planning Director; Coordinated Review Committee; Planning, Zoning and Appeals Board; and City Commission. 7.1.1.1 Zoning Administrator a. Functions, powers and duties. A Zoning Administrator, appointed by and responsible to the City Manager, shall be responsible for administration and enforcement of the Miami 21 Code as pro- vided herein, with such assistance as the City Manager may direct. For purposes of this Code, the functions, powers and duties of the Zoning Administrator more specifically include: 1. To determine whether applications for building permits as required by the Building Code are in accord with the requirements of this zoning ordinance. No building permit shall be issued without approval of zoning compliance by the Zoning Administrator that plans and applica- tions conform to applicable zoning regulations. 2. To determine whether the Use of any Structure or premises hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, in Use or in Structure, is in ac- cordance with this Miami 21 Code and to issue a Certificate of Use if the plans and applica- tions conform to applicable zoning regulations. Certificates of Use for home occupations in residential districts shall be issued annually to cover the period from January 1 through December 31 of each year. 3. To approve, deny or approve with conditions applications for administrative Waiver, with the recommendation as may be required of the Planning Director and pursuant to the standards of the Miami 21 Code. 4. To assist the Code Enforcement Department to enforce vigorously the provisions of the Miami 21 Code. 5. To maintain records of all official administrative actions. 6. To decide questions of zoning interpretation pursuant to Section 7.1.2.3 of this Code. 7. To participate in the review of Warrants and Exceptions. 8. To serve in an advisory capacity on zoning matters to the Planning, Zoning and Appeals Board, the City Commission, and other officers or agencies of the City, and to prepare such reports as may be appropriate in that capacity. I6�66`6tilJ�ubm�� �Ow�;�ssibnef 1(e� �v��e1 _ Submitted into the public record for item(s) PHA & NA.3 on 09/08/2016. City Clerk pctCtcV_0 Ckj VIM chi\;(VM )tS MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2015 9. To review and issue sign permits. 10. To determine whether changes made to applications are substantial modifications pursuant to Section 7.1.3 that require additional review and evaluation by city staff or a new notice prior to a hearing. b. It shall be the duty of all employees of the city, and especially of all officers and inspectors of the Department of Planning, Department of Building, Office of Zoning, the Fire Rescue Department, and the Police Department, to report to the Code Enforcement Department any suspected viola- tions of the Miami 21 Code. 7.1.1.2 Planning Director a. Functions, powers and duties. A Planning Director, appointed by and responsible to the City Manager, shall be responsible for administration of the Miami 21 Code, as provided herein, with such assistance as the City Manager may direct. For purposes of this Code, the functions, pow- ers and duties of the Planning Director more specifically include: 1. To make determinations concerning Uses where there is substantial doubt as to whether a particular Use or Uses, or classes of Uses, or characteristics of Use not specifically identi- fied in the Miami 21 Code are of the same general character as those listed as permitted, Warrant or Exception Uses, either upon request from any administrative agency or officer of the city or upon his own initiative. 2. To approve, deny or approve with conditions any applications for Warrant, upon review by members of the Coordinated Review Committee as the Director may request, and pursuant to the standards of the Miami 21 Code. 3. To review and provide findings and recommendations to the Zoning Administrator regarding certain applications for administrative Waiver pursuant to the standards of the Miami 21 Code. 4. To prepare recommendations regarding an application for Exception, upon review by mem- bers of the Coordinated Review Committee as the Director may request, and to certify the application and accompanying recommendations to be filed with the Office of Hearing Boards for consideration by the Planning, Zoning and Appeals Board . 5. To prepare recommendations regarding an application for Variance and to certify the applica- tion and accompanying recommendations to be filed with the Office of Hearing Boards for consideration by the Planning, Zoning and Appeals Board. 6. To prepare recommendations regarding an application for amendment to the Miami 21 Code, including rezoning, and to certify the application and accompanying recommendations to be filed with the Office of Hearing Boards for consideration by the Planning, Zoning and Appeals Board and the City Commission. 7. To prepare recommendations regarding an application for a Special Area Plan, and to certify the application and accompanying recommendations to be filed with the Office of Hearing Boards for consideration by the Planning, Zoning and Appeals Board and the City Commis - Submitted into the public record for item(s) PHA & NA.3 VI1.7 on 09/08/2016, City Clerk MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2015 sion. 8. To coordinate and chair the work of the Coordinated Review Committee. 9. To serve in an advisory capacity on Miami 21 Code matters to the Planning, Zoning and Ap- peals Board, the City Commission, and other officers or agencies of the city, and to prepare such reports as may be appropriate in that capacity. 10. To make referrals to the Urban Development Review Board (UDRB) as defined in Chapter 62 of the City Code for projects that exceed 200,000 square feet or as the Director may deem necessary. 7.1.1.3 Coordinated Review Committee a. Establishment There is hereby established a committee to be known as the Coordinated Review Committee. The Coordinated Review Committee shall consist of the following members: the Planning Director who shall serve as the chair of the committee, the Zoning Administrator, the City Attorney, the NET Director, and the Public Works Director, and other city, county, school board and governmental and utility officials with the necessary expertise that the Planning Director may require for any particular application review. b. Functions, powers and duties The Coordinated Review Committee shall provide review of applications for Warrants and for Exceptions, and for Special Area Plans, pursuant to the review criteria of Section 7.1.2 and Article 3, Section 3.9, as the case may be. The Planning Director shall determine to which members of the committee any particular application shall be referred for review and advice. The committee shall meet together only as requested by the Planning Director. Upon the Planning Director's request, the review reports of each member shall be provided to the Planning Director, who shall consider them in making a decision regarding an application for a Warrant and in making a recommendation to the Planning, Zoning and Appeals Board regarding an application for an Exception or for a Special Area Plan. c. Notice The applicant shall be given an opportunity, upon a minimum of seven days' notice, to attend any meeting, if any, of the Coordinated Review Committee that may be held to review and evaluate its application. Failure of the applicant to appear shall result in the withdrawal of the item from the committee meeting agenda. The applicant shall receive notice of the Planning Director's preliminary decision or recommendation on its application, as applicable, at least twenty-one (21) calendar days prior to the Director's final decision or recommendation. Within fourteen (14) calendar days of receipt of notice, the applicant may request an opportunity to revise its application or provide additional information to address any comments or concerns raised by the Coordinated Review Committee. If such a request is made, the Director's final decision or recommendation shall not be issued until the applicant has had a reasonable opportunity, as determined by the Planning Director, to make its revisions or to provide additional information. Submitted into the public record for item(s) PHA & NA.3 on 09/08/2016, City Clerk lllE MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED • MAY 2015 7.1.1.4 Planning, Zoning and Appeals Board a. Establishment There is hereby established aboard to be known as the city Planning, Zoning and Appeals Board. The Planning, Zoning and Appeals Board shall consist of eleven voting members, one alternate member to be appointed in the manner hereinafter set out in this section, and one ex -officio, non-voting member appointed by the school board. The school board appointee shall be invited to attend such meetings at which comprehensive plan amendments, re -zonings and Special Area Plans are considered which, if granted, increase residential Density. The school board appointee shall not be counted in determining whether a quorum is present at any meeting. b. Functions, Powers and Duties The Planning, Zoning and Appeals Board with the assistance of the planning department and all other city departments as necessary, shall have the functions, duties and powers as follows: 1. To act as the local planning agency pursuant to section 163.3174, Florida Statutes. 2. To serve as the local land development regulation commission pursuant to section 163.3194(2), Florida Statutes. 3. To prepare and recommend to the City Commission ordinances, regulations and other pro- posals promoting orderly development of the city. 4. To make or cause to be made any necessary special studies on the location, adequacy and conditions of specific facilities of the city. These may include, but are not limited to, studies on housing, commercial and.industrial conditions and public facilities, recreation, public and private utilities, conservation of natural resources, roads and traffic, transportation, parking and the like. 5. To determine whether proposed developments of regional impact conform to the requirements of the Miami 21 Code, and with section 380.06, Florida Statutes, and to make recommenda- tions to the City Commission in that regard. When acting in this capacity, its work shall be deemed advisory and recommendatory, and only advisory and recommendatory, to the City Commission. 6. To determine whether Special Area Plans and rezonings that are regulated by the Miami 21 Code conform to the requirements of the Miami 21 Code, and to make recommendations to the City Commission in that regard. When acting in this capacity, its work shall be deemed advisory and recommendatory, and only advisory and recommendatory, to the City Commis- sion. 7. To determine whether specific proposed developments that are regulated by the Miami 21 Code and that require an approval of an Exception conform to the requirements of the Miami 21 Code. In performing its authority to grant, deny or grant with conditions an Exception, the board shall serve as a quasi-judicial body and observe the requirements of quasi-judicial Submitted into the public record for items) PHA & NA.3 VI1.9 on 09/08/2016, City Clerk MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2015 procedures as set out in the Miami 21 Code and under applicable state law. 8. Rescission: The board, after a quasi-judicial hearing, may rescind, modify or change any resolution granting an Exception if, upon application filed by the Director at any time after the grant of an Exception, the board finds that there has been a violation of any conditions, restrictions or limitations in the subject resolution. Such a hearing shall not be held until published notice (per section 62-129 of the City Code) has first been given. If the Director, upon written request of any aggrieved party, refuses or fails to make an application for such rescission, modification or change, the aggrieved party may request the City Commission, through the City Manager, to instruct the Director to do so. The decision of the board shall be appealable to the City Commission in the same manner as an appeal of a board decision regarding an Exception. 9. To determine whether an application for a Variance conforms to the requirements of the Mi- ami 21 Code. In performing its authority to grant, deny or grant with conditions a Variance, the board shall serve as a quasi-judicial body and observe the requirements of quasi-judicial procedures as set out in the Miami 21 Code and under applicable state law. 10. To hear, de novo, and make a ruling on an appeal of the following administrative decisions: (a) An administrative determination by the Planning Director; (b) The decision of the Zoning Administrator regarding a Waiver; (c) The decision of the Planning Director regarding a Warrant; (d) A zoning interpretation by the Zoning Administrator; (e) The decision of the Zoning Administrator regarding zoning approval, or a Certificate of Use. In performing its appeal authority, the board shall serve as a quasi-judicial body and observe the requirements of quasi-judicial procedures as set out in this Code and under applicable state law. 11. The Planning, Zoning and Appeals Board shall perform such other functions as may be given it by the City Commission. c. Appointments; qualifications No appointment shall be made by the City Commission to membership or alternate mem- bership on the Planning, Zoning and Appeals Board until the City Clerk has given at least thirty (30) days notice of the vacancies in a newspaper of general circulation in the city of the vacancies. The City Commission shall solicit and encourage the public, professional and citizen organizations within the area having interest in and knowledge of the purpose and functions of the board to submit names of persons and their qualifications for consideration as prospective appointees to the board. At least five (5) days prior to the making of any ap- pointment, the City Clerk shall publicly notice that the list of names thus submitted and the names of candidates submitted by the City Commission, together with a short statement of Submitted into the public record for item(s) PHA 8& NA.3 VI1.10 on 09/08/2016, City Clerk