Ordinance 2000-3270 ORDINANCE NO. 2000-3270
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
•
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 118, ARTICLE IV, ENTITLED "CONDITIONAL USE
PROCEDURE" BY AMENDING SECTION 118-193 TO CLARIFY THE
APPLICATION PROCEDURES AND TIMEFRAMES FOR OBTAINING A
BUILDING PERMIT FOR CONDITIONAL USE APPROVAL; PROVIDING FOR
INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, all Conditional Use Applications approved by the City of Miami Beach
Planning Board are required to obtain a full building permit within a specified period of time;
and
WHEREAS, it is in the best interests of the City of Miami Beach for all conditional use
approvals to be consistent with other development approvals in terms of time periods to obtain a
full building permit; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 118, Article IV, entitled "Conditional Use Procedure" of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Section 118-193. Applications for conditional uses.
Applications for approval of a conditional use shall be submitted to the planning department dcsip
. . •- . ' - - : '. .•••-•. , which shall prepare a report and recommendation for
consideration by the planning board,and when required,by the city commission. Within a reasonable
time, but in no instance less than 30 days after receipt of a completed application, the board shall
hold a public hearing, at which parties in interest and citizens shall have an opportunity to be heard.
Approximately 15 days prior to the public hearing date, a description of the request, and the time and
place of such hearing shall be posted on the property and advertised in a paper of general paid
circulation in the community.Notice shall also be given by mail to the owners of record of land lying
within 375 feet of the property. This notification requirement shall be the responsibility of the
applicant.
(1) Site plan required. Each application for a conditional use permit shall be accompanied by a
site plan meeting the requirements of section 118-1, and such other information as may be required
for a determination of the nature of the proposed use and its effect on the comprehensive plan, the
neighborhood and surrounding properties.
(2) Time limitations.
a. • . .". : . _ : 1 . • . •.'. ' . ..• .'
permit-has not been issued within--siA iiiorrtlis afttrtire date of approval. Such c-auditivnal use may
also become null and void if a certificate of occupancy, certificate of completion or an occupational
licensY,is not issued within two yk..ars after approval. An Applicant shall have up to one (1)year, or
such lesser time as may be specified by the Board, from the date of the board meeting at which a
conditional use was granted to obtain a full building permit. The foregoing one(1)year time period,
or lesser time period, includes the time period during which an appeal of the decision of the planning
board may be filed. If the Applicant fails to obtain a full building permit within one(1)year, or such
lesser time period as is specified, of the board meeting date at which a conditional use was granted
and/or construction does not commence and proceed in accordance with said permit and the
requirements of the South Florida Building Code,the conditional use shall be deemed null and void.
Extensions for good cause, not to exceed a total of one (1) year for all extensions, may be granted
by the planning board,provided the applicant submits a request in writing to the planning and zoning
director in advance of the expiration of such approval, showing good cause for such an extension.
In the event a proposed code amendment renders a project with a conditional use approval non-
conforming, as more specifically set forth in sections 118-168 and 118-169 of this Code, then such
a project shall not be eligible to receive an extension of time granted by the planning board for any
reason. Notwithstanding the foregoing, in the event the decision of the planning board, with respect to
a conditional use request, is timely appealed,the applicant shall have one(1)year from the date of final
resolution of all administrative and/or court proceedings to obtain a full building permit.
_ .• - - . - • - - , , •- • • , , ' .' _ : .. • • . . . • •.
applicant may submit a request to the planning and zoning director who, aftertioiosultation with the
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.. . . , . . , . _ _ • , - . . ••. • . .. • : _ - : _ . . . .• •,
. • ._ : .. . • _ . . • - . • : 1111• ., . . : I . . : .. . • • , , .. - - .. .
notiLe requirements shall-be satisfied-by placing the request on the board's agenda. Any additional
requests for an eAtension of time shall be considered as a new-L--anditional use application. Appeal
- • - - - - - - - - - - . - - - - • - - - - - - - - - - -'-'- - - • .
•
' ' •
of the date on which the board's decision is reached.
b. c. Time limitations for adult congregate living facilities:
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1. Approval of an a adult congregate living facility under the conditional use procedures shall
become null and void if a building permit has not been issued within nine months one (1)year after
the date of approval. Such conditional use shall become null and void if a certificate of occupancy,
certificate of completion or an occupational license is not issued within one year after the building
permit is issued.
2. When extenuating circumstances or compelling reasons prevent the applicant from
complying with conditions of approval within the above stated time periods, the applicant may
submit a request to the planning board which may approve one extension of time of up to three
months to obtain a building permit, or one extension of time of up to six months to complete all
construction work and obtain a certificate of occupancy, certificate of completion or occupational
license.
3. The public notice requirements shall be satisfied by placing the request on the board's agenda.
Appeal of the board's decision shall be to the city commission. A five-sevenths vote of the
commission shall be required to overrule a decision of the planning board relating to an extension
of time requested. The appeal shall be filed within 30 days of the date on which the board's decision
is reached.
c. d. An approved and operational conditional use which remains idle or unused in whole or in
part for a continuous period of six months or for 18 months during any three-year period whether
or not the equipment, fixtures, or structures remain, shall be required to seek re-approval of the
conditional use from the board. Resumption of such use shall not be permitted unless and until the
board approval has been granted.
SECTION 2. INCLUSION IN THE CITY CODE. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code
of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed to "section"
or other appropriate word.
SECTION 3. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
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SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 27th day of September , 2000.
MA R
ATT T:
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CITY CLERK
1st reading 9/13/00 APPROVED AS TO
2nd reading 9/27/00 FORM&LANGUAGE
=new language &FOR EXECUTION
Strikeout= deleted language
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28 June 2000
Ordinance No. 2000-3270
4
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cimiami-beach.fl.us
COMMISSION MEMORANDUM NO. �7 25---0c)
TO: Mayor Neisen O. Kasdin and Date: September 27,2000
Members of the City Commission •
FROM Jorge M. Gonzalez j jtc
City Manager SECOND READING PUBLIC HEARING
SUBJECT: Ordinance- Conditional Use: Building Permit Timeframes and Procedures
An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida,Amending the Land Development Regulations of the Code of the City
•
of Miami Beach,by Amending Chapter 118,Article IV,Entitled "Conditional
Use Procedure" by Amending Section 118-193 to Clarify the Application
Procedures and Time frames for Obtaining a Building Permit for Conditional
Use Approval; Providing for Inclusion in the City Code; Providing for
Repealer, Severability and an Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission, upon second reading public hearing,
adopt the proposed amending Ordinance.
ANALYSIS
An application for an amendment to the Land Development Regulations of the City Code for
modifications to the Conditional Use Procedure section of the Code was sponsored by the Planning
Board at the request of Planning Department staff on April 25, 2000.
In addition to changing the term "Planning, Design and Historic Preservation Division" to
"Planning Department"to be consistent with the reorganization of the Planning Department,this
amending Ordinance modifies the required time periods for obtaining a Building Permit for
conditional use approval, to be consistent with the other development review boards. Currently,
the Code requires that a Building Permit be obtained within six (6) months of the issuance of a
conditional use approval. The proposed modifications incorporate a one (1) year time frame to
obtain a Full Building Permit and allow for the Planning Board to grant an extension of time for
up to one(1)additional year; the one (1)year time frame will run from the date of the meeting at
which a conditional use approval was granted.
AGENDA ITEM S
DATE'--2 7-00
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Commission Memorandum
September 27, 2000
Ordinance - Conditional Use: Building Permit Timeframes and Procedures
Page 2
At its July 25,2000 meeting,the Planning Board voted 5-0 to recommend approval of the proposed
Ordinance. The Ordinance amendment was reviewed favorably by the Historic Preservation Board
on August 8, 2000.
The City Commission approved the proposed ordinance on first reading on September 13, 2000.
Based on the foregoing analysis,the Administration recommends that the Commission adopt, upon
second reading public hearing,the proposed amending ordinance to Chapter 118,Article IV,Entitled
"Conditional Use Procedure"of the Land Development Regulations of the Code of the City of Miami
Beach.
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