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Ordinance 1290 ORDINANCE NO. 1290 AN ORDINANCE AMENDING ORDINANCE NO. 289 OF THE CITY OF MIAMI BEACH, FLORIDA, COMP'ivNLY KNOWN AS "THE ZONING ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA" . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Section 22 of Ordinance No . 289, commonly known as "The Zoning Ordinance of the City of Miami Beach, Florida", be and the same is hereby amended to read as follows : "SECTION 22 . ADJUSTMENTS, PURPOSE, JURISDICTION AND APPROVAL A Board of Adjustment is hereby established. The word "Board" when used in this ordinance shall be construed to mean the Board of Adjustment., The Board shall consist of five (5) members appointed by the City Council, each for a term of three (3) years . Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this ordinance, the Board of Adjustment shall have the power in passing upon appeals, to vary or modify any regulations or provisions of this ordinance relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of this ordinance shall be observed, public safety and welfare secured and substantial justice done. The Board shall not vary or modify any regulation or provision of this ordinance until a public hearing has been held. Notice of such hearing shall be given by mail to the owners of record of land lying within 375 feet of the property the use, construction oralteration of which is proposed to be changed. Meetings of the Board shall be held at least once monthly, or at such other times as the Board may determine, or upon call of the chairman. All meetings of the Board shall be open to the public . The Board shall adopt its own rules or procedure and keep minutes of its proceedings showing its action on each question considered. All records of the Board and its official actions shall be filed in the office of the Board and shall be a public record. An appeal from the decision of the Administrative Offices may be taken to the Board of Adjustment by any person aggrieved, or by an officer, department or board of the City affected by such decision. The Board shall also hear and decide all matters referred to it, or upon which it is required to pass . The Board shall prescribe by general rule, a reasonable time within which a notice of appeal shall be filed with the Board specifying the grounds thereof, and the officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the records upon which the action appealed from was taken. -1- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the Board of Adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property, in case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. The Board shall fix a reasonable time for the hearing of the appeal taken within the time specified by its rules, give public notice thereof as well as due notice to the parties in interest, and decide same within a reasonable time . Upon the hearing, any person may appear in person or by agent or by attorney. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant any matter in which it is required to pass under this ordinance, or to effect variation in this ordinance . " SECTION 2: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED AND ADOPTED this 19th day of February, A.D. 1958. tm ,- ayor / Attest: / ' AU/ City i/ erk 1st reading - February 5, 1958 2nd reading - February 5, 1958 3rd reading - February 19, 1958 POSTED - February 19, 1958 OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA STATE OF FLORIDA COUNTY OF DADE: I, R. WM. L. JOHNSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1290 , entitled: "AN ORDINANCE AMENDING ORDINANCE NO. 289 OF THE CITY OF MIAMI BEACH, FLORIDA, COMMONLY KNOWN AS 'THE ZONING ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA", having been passed and adopted by'the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 19th day of February, 1958 and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 2nd day of April, A.D. 1958 . e �� � City C erk (3) O C51 e) N � • H Cd Q) �-1 O a) H LI 0 r! H Z N O Z b0 0 O N H •ri O .r4 G c) O .) N tQ