Ordinance 95-3004 ORDINANCE NO. 95-3004
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING
ZONING ORDINANCE NO. 89-2665, AMENDING SECTION
14, ENTITLED "CHANGES AND AMENDMENTS" ,
AMENDING SUBSECTION 14-1, ENTITLED "PETITIONS
FOR CHANGES AND AMENDMENTS" , AMENDING
SUBSECTION 14-2, ENTITLED "REVIEW BY PLANNING
BOARD" AND AMENDING SUBSECTION 14-3, ENTITLED
"ACTION BY CITY COMMISSION" BY REVISING PUBLIC
NOTICE REQUIREMENTS AND OTHER PROCEDURES FOR
APPLICATIONS, PLANNING BOARD REVIEW AND CITY
COMMISSION ACTION REGARDING PROPOSED ZONING
ORDINANCE AMENDMENTS WHICH CHANGE THE ACTUAL
LIST OF PERMITTED, CONDITIONAL OR PROHIBITED
USES WITHIN A ZONING CATEGORY OR CHANGE THE
ACTUAL ZONING MAP DESIGNATION OF LAND;
PROVIDING FOR A REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, in the 1995 Legislative Session, the procedures for
adopting certain amendments to municipal zoning ordinances as set
forth in Section 166 . 041, Florida Statutes were amended; and
WHEREAS, it is necessary to amend Section 14 , entitled
"Changes and Amendments" of the City' s Zoning Ordinance in order to
be consistent with the new requirements of Section 166 . 041, Florida
Statutes .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1 . AMENDMENT OF SUBSECTION 14-1 .
That Subsection 14-1 of Section 14 , entitled "Changes and
Amendments" of City of Miami Beach Zoning Ordinance No. 89-2665 is
hereby amended as follows :
14-1 PETITION FOR CHANGES AND AMENDMENTS
A. An application for a zoning ordinance amendment which
would change the actual list of permitted, Conditional or
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prohibited Uses in a zoning category or the actual zoning
map designation of a parcel or parcels of land rezone
specific parccl3 of private real property or
3ub3tantially change permittcd U3c catcgoric3 in zoning
dia r; cts or change the Future Land Use Map of the
Comprehensive Plan may be submitted to the Planning and
Zoning Director by the City Manager, City Attorney, or
upon an adopted motion of the City Commission, Planning
Board, Board of Adjustment, or Historic Preservation
Board with regard to the designation of Historic
Districts, Sites or matters that directly pertain to
historic preservation, or by owners of a majority of Lot
Frontage in the area which is the subject of the proposed
change, provided that the area shall contain not less
than four hundred (400) feet of Lot Frontage on one (1)
public Street or a parcel of not less than eighty
thousand (80 , 000) square feet . Matters submitted by the
City Manager or City Attorney shall first be referred to
the City Commission.
B . A request to amend the Zoning Ordinance or Comprehensive
Plan which does not change the actual list of permitted,
Conditional or prohibited Uses in a zoning category or
change the actual zoning map designation of a parcel or
parcels of landtc parcels of real property
or sub3tantially change permittcd Use catcgoric3 in
- = - -= - may be submitted by those eligible to
submit an application pursuant to paragraph A above or by
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any Person who owns property that is affected by the
zoning regulations he wishes to amend.
C. The Applicant or his representative shall file an
application with the Planning and Zoning Department in
accordance with a form approved by the City Attorney and
shall supply all information pertinent to the proposed
amendment as requested by the Planning and Zoning
Department .
D. Any Applicant requesting a public hearing on any
application for an amendment to this Ordinance shall pay,
upon submission, the applicable fees as follows :
1 . Amendment pursuant to Change of zoning map
paragraph A. above. designation or change on
the Future Land Use Map
of the Comprehensive
Plan: $0 . 10 per square
foot of Lot Area.
Proposals that involve a
change of zoning map
designation or Future
Land Use Map changes
shall pay $0 . 10 per
sq. ft . of Lot Area for
each request .
Substantial Changes in
the actual list of
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permitted, Conditional or
prohibited Uses : $750
per section of the Zoning
Ordinance o r
Comprehensive Plan.
2 . Amendment pursuant to $750 per section of the
paragraph B above . Zoning Ordinance or
Comprehensive Plan.
SECTION 2 . AMENDMENT OF SUBSECTION 14-2 .
That Subsection 14-2 of Section 14 , entitled "Changes and
Amendments" of City of Miami Beach Zoning Ordinance No. 89-2665 is
hereby amended as follows :
14-2 REVIEW BY PLANNING BOARD
Before the City Commission takes any action on a proposed
amendment to the actual list of permitted, Conditional or
•rohibited Uses in zonin• cate•ories or to the actual zonin.
map designation of a parcel or parcels of land or -e to other
regulations of this Ordinance or to the cstablishcd zoning
district boundaricc, or to the City' s Comprehensive Plan, the
Planning Board shall review the request and provide the City
Commission with a recommendation as to whether the proposed
amendment should be approved or denied. In reviewing the
application, the Planning Board may propose an alternative
ordinance on the same subject for consideration by the City
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Commission. The following procedures shall apply to the
Board' s consideration of the request :
F. An application for a change in the actual list of
permitted, Conditional or prohibited Uses in zoning
categories or in the actual zoning map designation of a
parcel or parcels of land of zoning or for any other
amendment to the Zoning Ordinance or change in the Future
Land Use Map of the Comprehensive Plan may be withdrawn
by a request from the Applicant at any time before a
decision of the Planning Board. If the application is
withdrawn after advertisement for a public hearing or
posting of the property, the same or a substantially
similar petition covering the same property shall not be
resubmitted except by an official of the City of Miami
Beach or the City Commission for at least one (1) year
after the date established for the prior hearing. Filing
fees shall not be refunded once the public hearing has
been advertised.
SECTION 3 . AMENDMENT OF SUBSECTION 14-3 .
That Subsection 14-3 of Section 14 , entitled "Changes and
Amendments" of City of Miami Beach Zoning Ordinance No. 89-2665 is
hereby amended as follows :
14.5
14-3 ACTION BY CITY COMMISSION
Within sixty (60) days of transmission of the recommendation
of the Planning Board to the City Commission, the Commission
shall conduct a public h aring regarding the proposed
amendment and Shall consider the amendment as provided herein:
A. All Ordinances which propose to change the actual
permitted, Conditional or prohibited Uses in a zoning
category and ordinances initiated by the City of Miami
Beach that change the actual zoning map designation of a
parcel or parcels of land. those entities 3pccificd in
Lection 14 1 above which rczonc 3pccific parcels of
private real property or which sub3tantially change
permittcd Use catcgoric3 in zoning districts .
1 . In cases in which the proposed amendment involves
1033 than five (5%) percent of the total land arca
of the City, changes the actual zoning map
designation for a parcel or parcels of land
involving less than ten (10) contiguous acres the
City Commission shall direct the Clerk of the City
of Miami Beach to notify by mail each real Property
Owner whose land the City will redesignate rezone
or who3c land will be affected by the change in
permittcd Usc3 by enactment of the ordinance and
whose address is known by reference to the latest
ad valorem tax records . Provided further, notice
shall be given by mail to the owners of record of
land lying within 375 feet of the land, the
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boundar e zoning map designation or permitted Use3
of which is arc proposed to be changed. The notice
shall state the substance of the proposed ordinance
as it affects that Property Owner and shall set a
time and place for one or more public hearings on
such ordinance . Such notice shall be given at
least thirty (30) days prior to the date set for
the public hearing, and a copy of such notice shall
be kept available for public inspection during the
regular business hours of the office of the City
Clerk. The City Commission shall hold a public
hearing on the proposed ordinance and may, upon the
conclusion of the hearing, immediately adopt the
ordinance .
2 . In cases in which the proposed ordinance involves
ten (10) contiguous acres or more, d als with more-
than five (5%) percent of the total land ar of
the City, the City Commission shall provide for
public notice and hearings as follows :
a . The City Commission shall hold two (2)
advertised public hearings on the proposed
ordinance . Both h aringa At least one (1)
hearing shall be held after 5 p.m. on a
weekday, unless the City Commission, by a
majority plus one vote, elects to conduct that
hearing at another time of day, and the first
shall be held at least approximately seven (7)
14.7
}
days after the day that the first
advertisement is published. The second hearing
shall be held at least ten (10) days
approximately two (2) weeks after the first
hearing and shall be advertised at least
approximately five (5) days prior to the
public hearing. The day, time, and place at
which the Second public h aring will be held
shall be announced at the first public
hearing.
b. The required advertisements shall be no less
than two columns wide by ten (10) inches long
one quarter page in a standard size or a
tabloid size newspaper, and the headline in the
advertisement shall be in a type no smaller
than eighteen (18) point . The advertisement
shall not be placed in that portion of the
newspaper where legal notices and classified
advertisements appear. The advertisement shall
be placed published in a newspaper of general
paid circulation in the City of Miami Beach and
of general interest and readership in the City
of Miami Beach community, not one of limited
subject matter, pursuant to Chapter 50 of the
Florida Statutes, or as the same may be
amended. Whenever possible, the advertisement
shall appear in a newspaper that is published
at least five (5) days a week unless the only
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newspaper in the City of Miami Beach community
is published less than five (5) days a week.
The advertisement shall be in the following form.
NOTICE OF .e e (TYPE OF)
CHANGE
The City of Miami Beach proposes to adopt the
following ordinance : rezone (change the
permitted u3e of) the land within the arca
shown in the map in this advertisement .
A public hearing on the ordinance rezoning
will be held on (date and time) at (meeting
place) .
Except for amendments which change the actual list
of permitted, Conditional , or prohibited Uses
within a zoning category, the advertisement shall
also contain a geographic location map which
clearly indicates the area covered by the proposed
ordinance . The map shall include major Street
names as a means of identification of the general
area .
In lieu of or in addition to publishing the
advertisement set forth in paragraph (b) above, the
City may mail a notice to each Person owning real
property within 375 feet of the area covered by the
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s
ordinance and to Persons owning real property
within the area that is the subject of the request .
Such notice shall clearly explain the proposed
ordinance and shall notify the Person of the time,
place, and location of both public hearings on the
proposed ordinance .
B . When a request to amend the Zoning Ordinance does not
change the actual list of permitted, Conditional or
prohibited Uses in a zoning category or when a request to
change the actual zoning map designation of a parcel or
parcels of land is initiated by an Applicant other than
the City of Miami Beach, rczonc 3pccific parccls of
privatc rcal property or 3ub3tantially changc permittcd
uric catcgoric3 in zoning districts then the following
procedures shall apply:
1 . A proposed ordinance may be read by title or in
full on at least 2 separate days and shall, at
least 10 days prior to adoption, be noticed in a
newspaper of general circulation in the City of
Miami Beach. The notice of proposed enactment shall
state the date, time and place of the meeting, the
title or titles of proposed ordinances, and the
place or places within the City of Miami Beach
where such proposed ordinances may be inspected by
the public . The notice shall also advise that
interested parties may appear at the meeting and be
heard with respect to the proposed ordinance .
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2 . Immediately following the public hearing at the
second reading, the City Commission may adopt the
ordinance .
C. An affirmative vote of 5/7ths of all members of the City
Commission shall be necessary in order to enact any
amendment to this Ordinance .
D. Any application for amendment to the actual list of
permitted, Conditional or prohibited Uses in zoning
categories or to the actual zoning map designation of
land or to any other regulation in the Ordinance, Changc
of Zoning or changc in or to the Future Land Use Map of
the City' s Comprehensive Plan may be withdrawn by a
request in writing by the Applicant at any time before a
decision of the City Commission, but if withdrawn after
advertisement for a public hearing or after posting of
the property, the same amendment shall not be
resubmitted, except by an official of the City of Miami
Beach or the City Commission, sooner than one (1) year
after the date established for the prior hearing. Filing
fees shall not be refunded upon any withdrawal .
SECTION 4 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
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SECTION 5 . SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 6 . EFFECTIVE DATE.
This Ordinance shall take effect on the 5th day of
August , 1995 .
PASSED and ADOPTED this 26th day of July , 1995 .
Adel /
ATTEST:
'YOR
.01
j'
ITY LERK
1st reading 7/12/95
2nd reading 7/26/95
SWS:scf:6.0disk8\sec-14.ord
FORM APPROVED
Legal Dept.
Ey TE
Date szus 5-2s-QJ
14.12
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. e.o. J 1 6
TO: Mayor Seymour Gelber and
Members of the City Commission DATE:
JULY 26, 1995
FROM: Jose Garcia-Pedrosa 11 r
City Manager
SUBJECT:
SECOND READING — AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING ZONING ORDINANCE NO. 89-2665, AMENDING
SECTION 14, ENTITLED "CHANGES AND AMENDMENTS",
AMENDING SUBSECTION 14-1, ENTITLED "PETITIONS FOR
CHANGES AND AMENDMENTS", AMENDING SUBSECTION 14-2,
ENTITLED "REVIEW BY PLANNING BOARD" AND AMENDING
SUBSECTION 14-3, ENTITLED "ACTION BY CITY
COMMISSION" BY REVISING PUBLIC NOTICE REQUIREMENTS
AND OTHER PROCEDURES FOR APPLICATIONS, PLANNING
BOARD REVIEW AND CITY COMMISSION ACTION REGARDING
PROPOSED ZONING ORDINANCE AMENDMENTS WHICH CHANGE
THE ACTUAL LIST OF PERMITTED, CONDITIONAL OR
PROHIBITED USES WITHIN A ZONING CATEGORY OR CHANGE
THE ACTUAL ZONING MAP DESIGNATION OF LAND;
PROVIDING FOR A REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt on
second reading the attached amending ordinance to amend Section 14 ,
entitled "Changes and Amendments" of Zoning Ordinance No. 89-2665.
BACKGROUND
The amendment was requested by the City Attorney in order for the
City' s Zoning Ordinance to be consistent with new notice of public
hearing requirements that are pending final adoption from the State
of Florida 1995 Legislative Session. Specifically certain
amendments to municipal zoning ordinances as set forth in House
Bill #2055 are proposed to be amended. The City Attorney' s Office
drafted the attached amending ordinance (see attached City Attorney
Memorandum 422-95) .
PAGE 1 OF 3
AGENDA ITEM R -;-.)--, )
DATE -7 -2(0-9S
The ordinance before you today, wa3 unanimously (6-0, one absentee)
recommended for approval by the Planning Board at their June 25,
1995 public hearing. Since it is imperative that the Zoning
Ordinance is in compliance with State noticing requirements, the
public hearings for the City Commission were set before the
Planning Board actually held their public hearing and thus the
prompt first and second readings following the Planning Board
public hearing.
The City Commission adopted the amendment on first reading at their
July 12, 1995 public hearing.
ANALYSIS
The attached amending ordinance adds new language to Section 14 ,
entitled "Changes and Amendments" of the current Zoning Ordinance
No. 89-2665. What follows is an analysis of each section of the
amendment.
Section 1 amends Subsection 14-1, entitled "Petition For Changes
and Amendments" by clarifying what changes require a petition to
amend the ordinance or the Comprehensive Plan. This new language
would conform to the proposed language within the amendment to the
State Statute (see attached) . Old language that refers to rezoning
parcels of real property or substantially change permitted uses has
been deleted. The new language (underlined) reads as follows:
An application for a zoning ordinance amendment which
would "change the actual list of permitted, Conditional
or prohibited Uses in a zoning category or the actual
zoning map designation of a parcel or parcels of land"
or the Future Land Use Map of the Comprehensive Plan may
be submitted, etc. . .
This new language is more precise than the existing code and
includes specifically conditional or prohibited uses. Through out
the proposed amendment, this new language has been inserted in
place of the old reference. Those parties eligible to submit
applications would not change.
Section 2 of the amending ordinance inserts this new language into
the code clarifying those proposed amendments which must be
reviewed by the Planning Board before action is taken by the City
Commission.
PAGE 2 OF 3
Section 3 of the amendment contaiis changes to the existing notice
of public hearing requirements. Notice requirements for use
changes and rezoning hinge on the size of the parcels effected by
the change. Currently, the determining factor for these types of
amendments is whether or not the effected area is less than or
greater than 5% of the land area of the City. The calculation for
this requirement has been problematic and tedious at times when
boundary limits of effected areas are not readily discernible. The
amendment would change this percentage requirement to a much more
easier to determine criteria of ten (10) contiguous acres. All
other requirements would remain the same except for a new provision
regarding cases that involve more then 10 contiguous acres and a
change stipulating the minimum required size of the advertisement
for the public hearing.
Currently, both public hearings for requests greater than 5% of the
land area of the City (which would be changed to greater than 10
contiguous acres) must be heard after 5 p.m. on a weekday. New
language would be added that requires at least one public hearing
be held after 5 p.m. However, another new provision affords the
City Commission the option to hold that public hearing before 5
p.m. provided a majority vote plus one elects to conduct that
hearing at another time of day. In this manner, both public
hearings could be heard before 5 p.m.
The required advertisement for use or zoning amendments currently
must be one quarter page in a standard size or a tabloid size
newspaper. The amendment would require that the advertisement be
no less than two columns wide by ten (10) inches long. This
specific size has been suggested in order for maps than accompany
these changes to be readable. Also, maps would show the general
effected area. The word "general" has been added to help mitigate
challenges based on improper notice, ie. , illegible map. Also, the
word "community" would be struck and replaced with "City of Miami
Beach" for the same definitive reason.
CONCLUSION
Based on the foregoing, the Administration recommends that the City
Commission adopt on second reading the attached ordinance to amend
Section 14 , entitled "Changes and Amendments" of Zoning Ordinance
No. 89-2665.
DJG\MHF\DISK#10\1221CM2.95
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