HomeMy WebLinkAboutBack-Up from Law Dept10!512017
ARTICLE 13. - SPECIAL PERMITS; GENERALLY
FOOTNOTE(S):
Miami, FL Ordinance 11000 (Previous Zoning Code)
(3) Editor's note— Ord. No. 12467, § 2, adopted December 18, 2003, amended article 13 in its entirety to read as herein set out.
Formerly, article 13 pertained to similar subject matter and derived from Ord. No. 10771, § 1, adopted July 26,1990; Ord. No.
10863, § 1, adopted March 28, 1991; Ord. No. 10976, § 1, adopted April 20, 1992; Ord, No. 11057, § 1, adopted March 25, 1993;
Ord, No. 11079, § 4, adopted july 22, 1993,
Sec. 1300. - Intent, generally.
In addition to zoning procedures and requirements relating generally to issuance of building permits and certificates of use,
a special permit system is hereby established. It is intended that this system shall assure special examination; review, and
findings by appropriate agents, agencies, or bodies of the City in connection with proposed actions particularly specified in this
zoning ordinance,
Special permit procedures and requirements as set out herein are intended to apply in relation to use, occupancy, location,
construction, design, character, scale, or manner of operation, or the necessity for making complex or unusual determinations;
also to assure consideration of the particular circumstances of each case and the establishment of such conditions and
safeguards as are reasonably necessary for protection of the public interest generally, and protection of adjacent properties, the
neighborhood, and the City as a whole.
A special permit is a grant of authority under the terms of this zoning ordinance from and by a designated agent, officer, or
body of the City to an applicant for the use of property in the manner set out in the grant of special permit.
(Ord. No. 12467 §2, 12-18-03)
Sec. 1301. - Classes of special permits; intent; agent, agency, or body responsible for each; referrals.
Four (4) classes of special permits are hereby established, ranging from those dealing with uses, occupancies, and activities
of a temporary nature or likely to have small but potentially adverse impacts on adjacent and nearby properties to those with
substantial effects on neighborhoods and/or the City. They are ranked in the following order: Class I Special Permit, Class II
Special Permit, Special Exception and Major Use Special Permit.
When more than one (1) special permit is required to address the same issue, the highest ranking permit granted shall be
considered sufficient. Criteria from all applicable special permits will be utilized in the review and approval of such permits.
Classes of special permits, their intent, and the agent, agency, or body responsible for each, and referrals are as follows:
1301.1. Class I Special Permits; intent; administered by zoning administrator,' mandatory referrals.
It is intended that Class I Special Permits be required where specified uses or characteristics of use are of a temporary
nature requiring mandatory technical determinations or reviews to establish special conditions and safeguards. In
general, such determinations and reviews will normally be by agencies or officers other than the Department of
Planning and Zoning, and may Involve matters such as design for traffic, parking and loading facilities, health and
environmental considerations, and legal determinations.
The administration and processing of applications for Class I Special Permits, and for determinations shall be the
responsibility of the zoning administrator. Decisions of the zoning administrator regarding Class I Special Permits shall
be affected and limited by reports received on referrals as provided in Article 14, Section 1402.
1119
1015/2017
Miami, PL Ordinance 11000 (Previous Zoning Code)
1301.2. Class 11 Special Permits,' intent,' determinations by Director of department of Planning and zoning; referrals.
It is intended that Class Il Special Permits be required where design, character and compatibility involve substantial
issues relating to planning policy and impact on surrounding area as it relates to aesthetics.
The Director of the Department of Planning and Zoning shall be solely responsible for review for compliance and
consideration of applications for Class II Special Permits.
The Director shall make such referrals to other officers, agencies, boards or departments as are required by
regulations relating to the particular special permit and may make other referrals deemed necessary by him before
arriving at his decision. Decisions of the Director regarding Class II Special Permits shall be affected and limited by
reports received on referrals as provided in Article 15, Section 1502,
When a Class II Special Permit requires City Commission approval, the Planning and Zoning Director shall serve in an
advisory capacity to the City Commission.
1301.3. Special Exceptions.
1301.3.1, Intent:
Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified
in this ordinance are of a nature requiring special and intensive review to determine whether or not they should
be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be
applied as reasonably necessary to promote the general purposes of this zoning ordinance and, in particular, to
protect adjoining properties and the neighborhood from avoidable potentially adverse effects, it is further
intended that the expertise and judgment of the Zoning Board be exercised in making such determinations, in
accordance with the rules, considerations, and limitations relating to Special Exceptions as set out in Article 16
and elsewhere in this zoning ordinance and regulations.
When a Special Exception requires City Commission review and approval, the zoning Board shall serve in an
advisory capacity to the City Commission.
Formal public notice and hearing are mandatory for Special Exceptions.
1301.4. Major Use Special Permits; intern; determinations by City Commission; referrals.
It is intended that Major Use Special Permits be required where specified uses and/or occupancies involve matters
deemed to be of City-wide or area -wide importance.
The City Commission shall be solely responsible for determinations on applications for Major Use Special Permits as
provided in Article 17 and elsewhere in this ordinance,
The Director of the Department of Planning and Zoning shall make recommendations on all applications for Major Use
Special Permits and for any amendments thereto and shall transmit said applications and recommendations to the
Nanning Advisory Board for its recommendations and may make referrals to other agencies, bodies, or officers for
review, analysis, and/or technical findings and determinations and reports.
(Ord, No. 12467, §2, 72-18-03)
Sec. 1302. - Relation of special permits to building permits or certificates of use; to initiation or maintenance of use or occupancy.
2119
10/5/2017
Miami, FL Ordinance 11000 (Previous Zoning Code)
Where building permits or certificates of use are required by this zoning ordinance or other codes or ordinances of the City,
no such building permit or certificate of use shall be issued where this ordinance requires special permits unless and until any
and all special permits required have been obtained. Where uses or occupancies do not require building permits or certificates
of use, but are otherwise subject to requirements of this zoning ordinance, no such use or occupancy shall be initiated or
maintained unless and until any and ail special permits required herein in relation thereto have been obtained.
(Ord. No. 12467, ,§2, 12-18-03)
Sec. 1303. - Special permits to be issued or denied in accordance with procedures, standards, and requirements of this ordinance.
Special permits relating to this zoning ordinance shall be required only where specific provision is made by this zoning
ordinance. No application for a special permit shall be accepted or approved unless specific provision for the particular special
permit appears in this zoning ordinance,
Special permits in relation to zoning shall be issued or denied only in accordance with the procedures, standards, and
requirements of this zoning ordinance. Where applications for special permits demonstrate that general and special standards
and requirements for such special permits are met, the agent, agency, or body of the City herein made responsible for the grant
of such special permit shall issue such permit, subject to conditions and safeguards required in the particular circumstances of
the case and as authorized and limited at Section 1306. Conditions and safeguards, below,
Where applications for special permits indicate that actions proposed therein, or the manner in which they are proposed to
be conducted, do not meet the standards and requirements of this ordinance, and could not practically and reasonably be made
to do so by attachment of conditions and safeguards so authorized and limited, such applications and permits shall be denied.
1303.1. Action to be taken within time limits specified.
Time limitations set out herein involving actions by the Zoning Board, the Planning Advisory Board or the City
Commission shall not be applicable during the thirty-one (31) days of August.
(Ord. No. 12467 g2, 12-18-03)
Sec. 1304. -Applications for special permits, generally.
1304.1. Applications for special permits,' when filed, who may file.
Except when specifically set out otherwise in this zoning ordinance, applications for special permits shall be filed with
administrative officials designated by the City Manager, and such designees are charged with responsibility for their
receipt, fee collection, processing, and/or distribution.
The property owner shall also be subject to the following disclosure requirements:
(1) Applicant shall show proof of any pending code enforcement actions or municipal liens on the property.
(2) Corporate applicant shall show proof at each level of public hearing that it is in good standing, qualified to
do business and doing business in Florida.
For special permits affecting a property, applications may be filed only by the property owner, its formally designated
agent, or a lessee with formal and legally sufficient consent of the property owner, and applications may be made only
for special permits specifically authorized and/or required by this zoning ordinance generally, or for the district
involved.
1304.2. Application forms; supplementary materials.
3119
10/5/2017 Miami, FL Ordinance 11000 (Previous Zoning Code)
Applications for special permits shall be made on forms provided for the purpose and shall be accompanied by such
plans, reports, or other information, exhibits, or documents as maybe reasonably required to make the necessary
findings in the case.
1304.2.1. Application forms; materials that may be required,
Where applicable to the activity or development for which special permit is requested and where necessary to
decision on the application for special permit, any of the following items may be required:
(a) Statements of ownership and/or control of the proposed development or activity, executed and sworn
to by the owner or owners of one hundred (100) percent of the property described in the application,
or by tenant or tenants, with owner's written sworn -to consent, or by duly authorized agents,
evidenced by a written power of attorney, if the agent is not a member of the Florida Bar. Only
applications which the Zoning Board and the City Commission are authorized to consider and act
upon shall be accepted for filing.
(b) Statement describing in detail the character and intended use of the development or activity.
(c) Generaf location map, showing relation of the site or activity for which special permit is sought to
major streets, schools, existing utilities, shopping areas, important physical features in and adjoining
the project or activity and the like.
(d) A site plan containing the title of the project and the names of the project planner and developer,
date, and north arrow and based on an exact survey of the property drawn to a scale of sufficient size
to show:
(1) Boundaries of the project, any existing streets, buildings, watercourses, easements, and Section
lines;
(2) Exact location of all buildings and structures;
(3) Access and traffic flow and how vehicular traffic will be separated from pedestrian and other
types of traffic;
(4) Offstreet parking and offstreet loading areas;
(5) Recreation facilities locations;
(6) All screens and buffers;
(7) Refuse collection areas; and
(8) Access to utilities and points of utilities hookups.
(e) Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted
to:
(1) The various permitted uses; and
(2) Ground coverage by structures.
(f) Tabulation showing:
(1) The derivation of numbers of offstreet parking and offstreet loading spaces shown in (d) above;
and
(2) Total project density in dwelling units per acre.
(g) If common facilities (such as recreation areas or structures, private streets, common open space, etc.)
are to be provided for the development, statements as to how such common facilities are to be
provided and permanently maintained. Such statements may take the form of proposed deed
4119
1015/2017
Miami, Fl. Ordinance 111000 (Previous Zoning Code)
restrictions, deeds of trust, homeowners' associations, surety arrangements, or other legal
instruments providing adequate guarantees to the City that such common facilities will not become a
future liability of the City.
(h) Storm drainage and sanitary sewerage plans.
(i) Architectural definitions for buildings in the development; exact number of dwelling units, sizes, and
types, together with typical floor plans of each type.
0) Plans for signs, if any.
(k) Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and
showing provisions for irrigation and future maintenance.
(1) Plans for recreation facilities, if any, including location and general description of buildings for such
use.
(m) Such additional data, maps, plans, or statements as may be required for the particular use or activity
involved.
(n) Such additional data as the applicant may believe is pertinent to the proper review for compliance and
consideration of the site and development plan.
Items (c), (d), (k), and (i) above shall be prepared by a registered surveyor, engineer, architect, landscape architect
or certified planner as may be appropriate to the particular item.
1304.2.2. Application forms; completion before processing.
For purposes of establishing time limitations on processing, no application shall be deemed to have been filed
unless and until the applications shall have been completed; all plans, reports or other information, exhibits, or
documents required by this zoning ordinance or administrative rules adopted pursuant hereto shall have been
provided; and all fees due at time of filing shall have been paid.
1304.2.3. Application forms; supplementary materials.
During processing of any application, if it is determined by the designated agent, agency, or body of the City that
in the particular circumstances of the case additional information is required to make necessary findings bearing
on its approval, denial, or conditions and safeguards to be attached, such information may be requested. Failure
to supply such supplementary information may be used as grounds for denial of the permit.
(Ord. No. 1.2467, 92 1.2-18-03)
Sec. 1305. - Considerations generally; criteria; standards; findings and determinations required.
The City agent, board, or commission that is charged with decisions concerning each of the special permits shall review the
proposal before them and shall make, or cause to be made, written findings and determinations in accordance with the
established applicable criteria set forth in this zoning ordinance and the City Code. Such findings shall be used to approve,
approve with conditions, or deny the pending application.
Approvals shall be issued when such application complies with all applicable criteria.
Conditional approvals, shall be issued when such applications require conditions in order to be found in compliance with all
applicable criteria.
Denials of applications shall be issued if after conditions and safeguards have been considered, the application still fails to
comply with all applicable criteria.
5/19
10!512017 Miami, FL Ordinance 11000 (Previous Zoning Code)
1305.1. Temporaryuse%ccupancy; criteria and mandatory referrals.
1305.1.1. Referrals.
As appropriate to the nature of the temporary use and/or occupancy of the special permit involved and
particular circumstances of the case, the following conditions enumerated in this sub -section in addition to any
other specific consideration(s) set forth elsewhere in the City Code, this zoning ordinance, or any other applicable
regulation(s) shall apply;
Referrals: The zoning administrator shall make referrals as specified herein based on the nature of the
application.
Zoning. Review by zoning for compliance with applicable zoning regulations.
Fire. Referral to the Fire Rescue and Inspection Services department for review of fire safety controls as
determined by the department.
Police. Referral to the Police Department for review of traffic safety, including provisions of traffic monitors;
crowd control measures; and any other life/safety issues as determined by the department.
NET. Referral to the appropriate NET service Center Office for review and approval of operational plan,
which shall include: number of trash receptacles and locations, frequency of trash pick-up, name and 24-
hour telephone number of contact person responsible for handling maintenance and/or emergency issues,
noise control measures, and any other specific considerations that the NET Administrator deems necessary
in order to make an informed recommendation based on the nature of the application.
Other. Referral to other governmental agencies with the necessary expertise that the Zoning Administrator
requires based on the nature of the application in order to make an informed decision.
TEMPORARY
ZONING
FIRE
POLICE
NET
OTHER
USE/OCCUPANCY
Subject to
permissibility as
specified within
the district
regulations.
Balloons
X
X
X
X
X
Development ._._r.
X
X
X�._.�.�..._..-..__......__._--
signs
Community or
X
X
X
neighborhood
bulletin boards
or kiosks
6119
10!512017
Miami, FL Ordinance 11000 (Previous Zoning Code)
Christmas tree
X
X
X
sales on a vacant
lot or portions of
a lot
Sale of goods
X
X
X
pertaining to a
national legal
holiday
Outdoor display
X
X
X
of produce and
i
foods,
Aluminum
X
X
recycling
j machines
Curbside delivery
X
X
X
receptacles other
than US Mall
Temporary
X
X
X
X
X
special event
Temporary
X
X
X
X
X
carnival, festival,
fair or special
event
Special access for
X
X
X
X
X
emergency
vehicles through
private
residential
districts,
7119
10/512017
Miami, FL Ordinance 11000 (Previous Zoning Code)
Pedestrian and
X
X
X
X
X
cyclist access
CRITERIA
COMMERCIAL
COMMERCIAL
INSTITUTIONAL
through private
DENSITY
residential
RESIDENTIAL
L Site & Urban
districts
Planning.
Temporary
X
X
X
off street offsite
parking for
construction
crew
Offsite parking
X
X
X
for portions of
SD -2
1305.1.2. Criteria.
Approvals of Class I Special Permits for temporary activities by the Zoning Administrators ha I I be based on the
criteria utilized by the different agencies upon which referrals were made. Such criteria shall be as determined
by each of the technical agencies and as regulated by other applicable laws. The Zoning Administrator shall
review comments as provided by each agency to determine whether the proposed request for temporary activity
complies with all of the individual criteria. A recommendation of denial by any particular agency shall be
accompanied by specific findings from such agency which enumerates how the request does not comply with
their individual criteria. The duration of each such temporary use/occupancy shall be clearly stated within the
approved Class I Special Permit.
9305.2. Design review criteria.
As appropriate to the nature of the special permit involved and the particular circumstances of the case, the following
considerations and design criteria as specified on the following table shall apply to issues related to design, character
and compatibility of the proposed application in addition to any other specific consideration(s) set forth elsewhere in
this zoning ordinance, the City Code, or any other applicable regulation(s). Special consideration shall also be given to
redevelopment activity within Community Revitalization Districts and/or where a plan is in place. For the purposes of
this Section a "plan" shall mean a master plan, Design Guides and Standards or special zoning district,
DESIGN REVIEW
INDUSTRIAL
LIBERAL
RESTRICTED
OFFICE AND
MULTIFAMILY
LOW
CRITERIA
COMMERCIAL
COMMERCIAL
INSTITUTIONAL
RESIDENTIAL
DENSITY
RESIDENTIAL
L Site & Urban
Planning.
8119
101512017
Miami, PLOrdinance 113on(Previous Zoning Code)
the physical
contextual
environment
taking into
consideration
urban form and
natural features.
minimize the
impact of
automobile
parking and
driveways on the
pedestrian
environment and
adjacent
should be
oriented to the
corner and
public street
/I. Architecture
and Landscape
be designed to
comply with all
applicable
landscape
10/5/2017
Miami, FL Ordinance 11000 (Previous Zoning Code)
(2) Respond to
X
X
X
X
X
X
the
neighborhood
context.
(3)Create a
X
X
X
X
X
transition in bulk
and scale.
(4) Use
X
X
X
X
X
architectural
styles and details
(such as roof
lines and
fenestration),
colors and
materials
derivative from
surrounding
area.
(5) Articulate the
X
X
X
X
building facade
vertically and
horizontally in
intervals that
conform to the
existing
structures in the
vicinity.
/A Pedestrian
Oriented
Development•
(1) Promote
X
X
pedestrian
interaction.
10119
101512017
Miami, FL Ordinance 11000 (Previous Zoning Code)
(2) Design
x
x
x
x
facades that
respond
primarily to the
human scale.
(3) Provide
x
x
x
. . .........
x
x
active, not blank
facades. Where
blank walls are
unavoidable,
they should
receive design
treatment.
IV, Streetscape
and Open Space:
(1) Provide
x
x
x
usable open
space that allows
for convenient
and visible
pedestrian
access from the
public sidewalk.
(2) Landscaping,
X
x
x
x
x
x
including plant
material,
trellises, special
pavements,
screen walls,
planters and
similar features
should be
appropriately
incorporated to
enhance the
project.
. .. .. .. ... ... .. .. .. .. ... .
11119
10/5/2017
Miami, Fl. Ordinance 11000 (Previous Zoning Code)
V. Vehicular
Access and
Parking:
(1) Design for
X
X
X
X
X
pedestrian and
vehicular safety
to minimize
conflict points.
(2) Minimize the
X
X
X
X
number and
width of
driveways and
curb cuts.
(3) Parking
X
X
X
X
adjacent to a
street front
should be
minimized and
where possible
i
should be
located behind
the building.
(4) Use surface
X
X
X
X
X
parking areas as
district buffer.
V1. Screening:
. ..... . ...... .
............
. . . . ... ...... . .......................... .. .. . .. . ..
12119
101512017
Miami, FL Ordinance 11000 (Previous Zoning Cade)
(1) Provide
X
X
X
X
landscaping that
screen
undesirable
elements, such
as surface
parking lots, and
that enhances
space and
architecture.
(2) Building sites
X
X
X
X
X
should locate
service elements
like trash
dumpster,
loading docks,
and mechanical
equipment away
from street front
where possible.
When elements
such as
dumpsters,
utility meters,
mechanical units
and service areas
cannot be
located away
from the street
front they should
be situated and
screened from
view to street
and adjacent
properties.
13119
10/512017
Miami, FL Ordinance 11000 (Previous Zoning Code)
(3) Screen
X
X
X
X
parking garage
structures with
program uses.
Where program
uses are not
feasible soften
the garage
structure with
trellises,
landscaping,
and/or other
suitable design
element.
VII. Signage and
Lighting;
(1) Design
X
X
X
X
X
signage
appropriate for
the scale and
character of the
project and
immediate
neighborhood.
(2) Provide
X
X
X
X
X
lighting as a
design feature to
the building
facade, on and
around
landscape areas,
special building
or site features,
and/or signage.
14119
10/5/2017
Miami, FL Ordinance 11000 (Previous Zoning Code)
(3) Orient outside
X
X
X
X
X
X
lighting to
minimize glare to
adjacent
properties.
(4) Provide
X
X
X
X
X
X
visible signage
identifying
building
addresses at the
entrance(s) as a
functional and
aesthetic
consideration.
V(1!. Preservation
of Natural
Features.
(1) Preserve
X
X
X
X
X
X
existing
vegetation
and/or geological
features
whenever
possible.
i
15119
10!512017 Miami, FL ordinance 11000 (Previous Zoning Code)
IX. Modification
of
Nonconformities:
See sec. 1105 of
this zoning
ordinance for
specific
regulations.
In addition to the
applicable
criteria as set
forth by the
Director of the
Planning and
Zoning
Department per
sec. 1105, the
following criteria
shall apply in
making
determinations
for Class II
Special Permits:
(1) For X X X X X X
modifications of
nonconforming
structures, no
increase in the
degree of
nonconformity
shall be allowed.
-- -
16119
1015/2017
Miami, PI.Ordinance 11000 (Previous Zoning Code)
(2) Modifications
X
X
X
X
X
X
that conform to
current
regulations shall
be designed to
conform to the
scale and context
of the
nonconforming
structure.
1305.2. 1. Status of prior development and application for development
All development in existence, or any complete application for development filed prior to January 1, 2004 that
does not comply with the criteria specified in Section 1305.2 shall not be considered a non -conformity for
purposes of Article 11 and all other applicable Sections of this ordinance.
1305.3. Use and occupancy criteria,
As appropriate to the nature of the special permit involved and the particular circumstances of the case, the following
considerations and criteria as specified below shall apply to issues related to use and occupancy of the proposed
application in addition to any other specific consideration(s) set forth elsewhere in this zoning ordinance, the City
Code, or any other applicable regulation(s).
1305.3.1. Manner of operation.
Review for adequacy shall be given to the manner in which the proposed use will operate given its specific
location and proximity to less intense uses. Particular consideration shall be given to protecting the residential
areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the spillover effect
of light.
1305.3.2. Design.
Applicable design review criteria as specified in Section 1305.2 shall apply.
(Ord. No. 12467, §Z 12 18-03)
Sec. 1306, - Conditions and safeguards.
The agent, agency, or body of the City designated by this zoning ordinance as having responsibility for issuance or denial of
each of the classes of special permits set out in this Article 13 shall have authority to attach to the grant of any such special
permit such conditions and safeguards as may be necessary for the purposes of this zoning ordinance in the particular case.
17119
10/5/2017
Miami, FL Ordinance 11000 (Previous Zoning Code)
Such conditions and safeguards, if attached to grant of special permit, shall be based upon and consistent with
considerations and standards applicable to the class or kind of special permit involved as set out in the applicable Section of this
ordinance, and in other provisions relating to the particular class or kind of permit. The requirement for any such conditions or
safeguards shall be supported by stated reasons, based upon such considerations and standards, and no such condition or
safeguard shall establish special limitations and/or requirements beyond those reasonably necessary for the accomplishment of
the purpose for which the condition or safeguard is attached.
Failure to comply with conditions and safeguards, when attached to grant of special permit, shall be deemed a violation of
this zoning ordinance. See Section 2108, Action on violations; remedies for violations on Class I or Class II special permits; and
Section 2109. Penalties for violations on Special Exceptions and Major Use Special Permits,
(Ord. No. 12467, § 2, 12-18-03)
Sec. 1307. - Notice and hearing generally; availability of recommendations; records.
It is the intent of this zoning ordinance that requirements set out for notice and hearing, whether formal or informal, for the
several types of special permits are to be deemed sufficient for meeting the standards of due process for the specific permit for
which application is made.
1307.1. Information on which decision is based to be public and available to applicant.
Each agent, agency, or body of the City responsible for decision on special permits shall afford to the applicant full
information on which the decision of the agent, agency, or body of the City is based; and full opportunity shall be
given to the applicant, prior to reaching final adverse or conditional decision, to provide additional information of a
rebuttal nature. All information on which the decision of the agent, agency, or body of the City is based in addition to
the decision shall be available to the public in accordance with state law.
1307.2. Required record of formal hearings, informal conferences.
Records shall be maintained of any formal or informal hearing or conference in connection with special permits, and the
same shall be a public record. Such records shall include, but not be limited to, all material necessary for decisions, supporting
conditions, and safeguards, if any, attached to special permits, and to any agreements established in relation thereto, or to any
disagreements and reasons. On payment of any costs involved in reproduction, copies of all or portions of such records shall be
made available to applicants and other interested parties on request.
(Ord No. 12467, §Z 12-18-031
Sec. 1308. - Actionsfollowing decisions on special permits.
Following decisions on special permits, the following actions shall be taken promptly:
1308.1. Notification of decisions.
Where special permits are approved, with or without conditions, or denied, applicants shall be so informed in writing,
with a summary of the reasons and notice that complete records on the case are available in a location specified, and
are public records.
1308.2. Notification of affected agencies or officials of decisions, actions following such notification.
Where special permits are approved or denied, affected agencies or officials shall be informed, by copy of the permit,
including any conditions and attached.
18/19
10/5/2017 Miami, FL Ordinance 11000 (Previous Zoning Code)
As appropriate to the circumstances of the case, upon such notification, such agencies or officials shall proceed to
decide concerning any building permit, occupancy permit, or other action dependent upon issuance of the special
permit, without further action by the applicant, and/or shall make such entries or records as are necessary for
efficient performance of their duties with regard to administration, inspection, or enforcement in the case,
(Ord. No, 12467, §2, 12-18-03)
Sec. 1309. - Permits apply to property, not person.
When granted, a special permit under any of the classes of special permits set out in Section 1301 of this ordinance above,
together with any conditions or safeguards attached, shall apply to the land, structure, or use for which it was issued, and shall
be binding upon heirs and assigns, unless abrogated or altered in the manner set forth in this ordinance.
(Ord. No. 12467, § Z 12-18-03)
Sec. 1310. - Withdrawal of application for certain classes of permits; effect of withdrawal.
An application for a Class I or a Class II Special Permit may be withdrawn by the applicant at any time prior to decision
without limitation on resubmittal, but if withdrawn after the final decision has been issued, substantially the same application
shall not be considered within twelve (12) months of date of withdrawal. An application for a Special Exception or a Major Use
Special Permit may be withdrawn at any time, but if withdrawn after the public hearing has been convened at which it was to be
considered by the City Commission, substantially the same application shall not be considered within twelve (12) months of date
of withdrawal.
(Ord. No. 12467, §Z 12-18-03)
Sec. 1311. - Appeals from decisions on special permits.
Any person or persons, jointly or severally, aggrieved by the decision of any agent, agency, or body of the City in granting,
granting with conditions or safeguards, or denying a special permit, or any officer, department, board, commission, or bureau of
the City, may seek review of such decision in the manner set out in this ordinance and the applicable laws of Florida for the
permit involved.
1311.1. Review of decisions for Class 1 or it Special Permits.
Review of decisions made for Class I or II Special Permits shall be by appeal to the Zoning Board in the manner set out
in Articles 18 and 20 of this zoning ordinance.
1311.2. Review of decisions for Special Exceptions.
Review of decisions made by the Zoning Board for Special Exceptions shall be in the manner set out in Article 20 of
this zoning ordinance.
1311.3. Review of decisions for Major Use Special Permits.
Review of decisions made by the City Commission for Major Use Special Permits shall be in the manner set out in
Article 20 of this zoning ordinance.
(Ord. No. 12467, §2, 12-18-03)
19119