2004-3436 Ordinance
ORDINANCE NO. 2004-3436
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING
CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE II, "BOARDS," DIVISION 5, "BOARD
OF ADJUSTMENT," SECTION 118-131, "MEMBERSHIP",
AMENDING THE MEMBERSHIP OF THE BOARD OF
ADJUSTMENT TO CONFORM TO THE RECENTLY ADOPTED
CHARTER AMENDMENT EXPANDING THE BOARD FROM
FIVE TO SEVEN REGULAR VOTING MEMBERS AND
REMOVING EX-OFFICIO MEMBERS FROM THE BOARD; AND
SECTION 118-136, "POWERS AND DUTIES," AMENDING THE
VOTING REQUIREMENT TO APPROVE MATTERS COMING
BEFORE THE BOARD FROM 4/5 TO 5/7; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the Charter Review Committee recommended that the City Charter
be amended to change the composition of the Board of Adjustment; and
WHEREAS, the City Commission placed the question for voter consideration;
and
WHEREAS, on November 4, 2003 the voters approved the above amendment to
the Charter; and
WHEREAS, this ordinance amendment is required in order to effectuate the
recently amended Special Related Acts of the City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
SECTION 1. That Section 118-131 "Membership," is hereby amended as follows:
The Board of Adjustment shall be comprised composed of !We seven voting members~
and t.'/o ex afficia members. The t',Vo eJ( afficia members shall not ha','e 'loting pri'lileges
and their presence shall not be cal:lHted for the determinatiOH of a quorum. The eJ( officio
members are the plarming and zoning director and public services director. +he
remaining five Two members shall be appointed as citizens at-large and five members
shall be appointed from each of the following categories (no more than one per
category), namely: members shall consist of the folloviing: One member shall be
appointed fram each of the following prafessions or callings: Law, architecture,
engineering, real estate development, certified public accounting, financial consultation
and general business. The members representing the professions of law, architecture,
100
engineering and public accounting shall be duly licensed by the state; the member
representing general business shall be of responsible standing in the community.
Members shall be appointed for a term of one year by a five-sevenths vote of the city
commission. Members of the board must be either residents of or have their principal
place of business in the city.
SECTION 2. That Section 118-136, "Powers and duties," is hereby amended as follows:
(a) The board of adjustment shall have the following powers and duties:
(1) To hear and decide appeals when it is alleged that there is error in any
order, requirement, decision, or determination made by an administrative
official in the enforcement of these land development regulations with the
exception of appeals pursuant to section 118-197 and section 118-262. In
the event of an administrative appeal to the board of adjustment, the
planning and zoning director may engage the services of an attorney for
the purpose of representing the administrative officer who made the
decision that is the subject of the appeal.
In exercising this power, the board of adjustment, may upon appeal,
reverse or affirm, wholly or partly, the order, requirement, decision, or
determination, and to that end shall have all the powers of the officer from
whom the appeal is taken. The concurring vote of fffiH: five members of
the board shall be necessary to reverse any order, requirement, decision, or
determination of any such administrative official or to decide in favor of
the applicant on any matter upon which the board is required to pass under
these land development regulations.
(2) To authorize, upon application such variance from the terms of these land
development regulations as will not be contrary to the public interest
when, owing to special conditions, a literal enforcement of a provision of
these land development regulations would result in unnecessary and undue
hardship. An affirmative vote of 5/7ths of all members of the board shall
be necessarv to approve anv variance request.
(b) The board of adjustment shall serve as the city's floodplain management board
and shall have the authority to exercise all powers and perform all duties assigned to such
board pursuant to section 54-31 et seq. and Resolution No. 93-20698, and in accordance
with the procedures set forth therein as such ordinance and resolution may be amended
from time to time.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
20f3
SECTION 4. CODIFICATION.
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 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days follo
PASSED and ADOPTED this 17th day 0
,2004.
fEST' J
il~~--~~
MAYOR
First Reading: February 25,2004
Second Reading: March 17, 200
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
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. ItyVAttomey
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Date
Verified by:
, Jor
(/1
Underscore denotes new language
Strilcethrough denotes deleted language
F:\PLAN\$PLBldraft ordinances\2004\1645 - BOA membership ord cc version adopted.doc
30f3
CITY OF MIAMI BEACH
CITY ATTORNEY'S OFFICE
DATE:
Jorge M. Gonzalez
City Manager
Murray H. Dubbi~ Ai . ^/I ~
City Attorney I V"\ ~\Jt1V
March 15, 2004
TO:
FROM:
SUBJECT:
R 5 B - Page 212 - Membership of Board - Note Correction
Attached is the redraft of the Board of Adjustment amendatory ordinance (Agenda Item R 5 B),
redrafted for clarity purposes at the suggestion of Commissioner Steinberg.
This should be substituted for consideration Wednesday.
MHD:lm
cc: Commissioner Richard Steinberg
Gary Held, First Assistant City Attorney
Jorge Gomez, Planning Director
P,V,TIO'CUBMlMEMOS\UEI.NBRSAVEDADE.IXX:
Agenda Item R 5 13
Date 3-I7-oy
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
An Ordinance amending Chapter 118, "Administration And Review Procedures," amending the
membership of the Board Of Adjustment to conform to the recently adopted Charter Amendment
expanding the Board from five to seven regular voting members and removing ex-officio members from the
Board; and amending the voting requirement to approve matters coming before the Board from 4/5 To 5/7
votes.
Issue:
The proposed ordinance will codify the question placed on the November 2003 ballot for public referendum,
which was approved by a majority of the voters.
Item Summary/Recommendation:
The proposed ordinance will codify the question placed on the November 2003 ballot for public referendum,
which was approved by a majority of the voters.
The Administration recommends that the City Commission adopt the proposed as amended on second
reading.
Financial Information:
Source of
Funds:
D
Finance Dept
Ci Clerk's Office Le islative Trackin
Mercy Lamazares / Jorge G. Gomez
T:\AGENDA\2004\Mar1704\Regular\1645 - BOA 2nd rdg 3-17-04 sum.doc
AGENDA ITEM f?~ti
DATE 3-/7-0f.(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ,...--~
City Manager 0 U
Board of Adjustment membership
Date: March 17, 2004
To:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING
CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE II, "BOARDS," DIVISION 5,
"BOARD OF ADJUSTMENT," SECTION 118-131,
"MEMBERSHIP", AMENDING THE MEMBERSHIP OF THE
BOARD OF ADJUSTMENT TO CONFORM TO THE RECENTLY
ADOPTED CHARTER AMENDMENT EXPANDING THE BOARD
FROM FIVE TO SEVEN REGULAR VOTING MEMBERS AND
REMOVING EX-OFFICIO MEMBERS FROM THE BOARD; AND
SECTION 118-136, "POWERS AND DUTIES," AMENDING THE
VOTING REQUIREMENT TO APPROVE MATTERS COMING
BEFORE THE BOARD FROM 4/5 TO 5/7; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
ordinance.
ANALYSIS
One of the recommendations of the Charter Review Committee to the City Commission
was to change the Board of Adjustment membership from five to seven members. The
City Commission approved this recommendation and placed this question on the
November 2003 ballot for public referendum, which was approved by a majority of the
voters. The attached ordinance reflects the changes approved.
Section 1 of the proposed ordinance changes the membership of the BOA from five to
seven members, removes the Planning Director and the Public Works director as ex-
officio members and clarifies the existing language of the membership categories.
Section 2 changes the voting requirement to approve any action of the board from a
Commission Memorandum
March 17, 2004
Board of Adjustment ordinance
Page 2
4/5ths to a 5/7ths vote to approve any variance request. All other provisions contained
in Chapter 118, Division 5, "Board of Adjustment," remain unchanged.
PLANNING BOARD ACTION
At the January 27, 2004 meeting of the Planning Board, a motion was made and
seconded recommending that the City Commission adopt the proposed ordinance. The
vote was 6-0 (one member absent).
CITY COMMISSION ACTION
At the February 25, 2004 meeting, the Commission approved the proposed ordinance
on first reading and requested a minor modification; that modification is that five
members will be appointed from any of the categories listed in the Charter and two
members can be appointed at-large.
CONCLUSION
Pursuant to Section 118-164(3), when a request to amend these Land Development
Regulations does not change the actual list of permitted, conditional or prohibited uses
in a zoning category, the proposed ordinance may be read by title or in full on at least
two separate days and shall, at least ten days prior to adoption, be noticed once in a
newspaper of general circulation in the city.
Immediately following the public hearing at the second reading, the City Commission
may adopt the ordinance by an affirmative vote of five-sevenths of all members of the
City Commission.
JMG/C~JGG/ML
T:\AGENDA\2004\Mar1704\Regular\1645 - BOA 2nd rdg 3-17-04.doc
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
lQ
NOTICE IS HEREBY given that public hearings will be held by the Mayor and CIIy
Commission of the City of Miami Beach, Florida,. in the Commission Chambers, 3Id
floor, City Hall, 1700 Convention Center Drive, Miami Beach, FIo~da, on
~ednesday. March 17, '2004, at 10:30 a.m., to consider the foUowing:
at 10:45 a.m.:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 11 B, "ADMINISTRATION AND REVIEW PROCEDURES,"
ARTICLE II. "BOARDS," DIVISION 5, "BOARD OF ADJUSTMENT,"SECTION 118-
131, "MEMBERSHIp," AMENDING THE MEMBERSHIP OF THE BOARD OF
ADJUSTMENT TO CONFORM TO THE RECENTLY ADOPTED CKARTER
AMENDMENT EXPANDING THE BOARD FROM FIVE TO SEVEN REGUlAR
VOTING MEMBERS AND REMOVING EX-OFFICIO MEMBERS FROM THE
BOARD: AND SECTION 118-136, "POWERS AND DUTIES," AMENDING THE
VOTING REQUIREMENT TO APPROVE MATTERS COMING BEFORE THE BOARD
FROM 4/5 TO 5/7: PROVIDING FOR REPEALER, SEVERABILI1Y, CODIFICATION
AND AN EFFECTIVE DATE .
at 11:00 a.m.: ,
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE .
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS." ARTICLE IV, "SUPPLEMENTAl YARD
REGULATIONS," DIVISION 4, "ALLOWABLE ENCROACHMENTS," BY AMENDING
SECTION 142-1132 TO ESTABLiSH REVISED STANDARDS FOR THE
INSTALLATION OF FENCES IN MULTI-FAMILY RESIDENTIAL' DISTIlICTS;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABiLiTY AND AN
EFFECTIVE DATE.
<.
Inquiries may be directed to the Planning Department at (305)673-7550.
INTERESTED PARTIES are Invited to appear at this meeting, or be lepresenl8cl.l;ly
an agent, or to express their views in writing addressed to the City Commission, cI
o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Besch, :
Florida 33139. Copies of this ordinance are available for publiC ins~lon during
normal business hours in the City Clerk's Office, 1700 Convention Center DrIve, 1_ _
Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and
under such circumstances additional legal notice would not be provided.
Robert E. Parcher. City clerIt
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat, the City hereby advises the public that: if
a person decides to appeal any decision .made by the City Commisslon with
respect to any matter considered at its meeting or its hearing, such person must
ensure that a verbatim record of the proceedings is made, which record include$
the testimony and evidence upon which the appeal is to be based. This notice
does not constitute consent by the City for the introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
. appeals not otherwise allowed by law.
To request this material in accessible format, sign language Interpreters.
information on access for persons with disabillties, and/or any accommodation to
review any document or participate in any city-sponsored proceeding, ~
contact 305-604-2489 (voice), 305-673-7218(TTY) five days in advance to initiate
your request. TTY users may also call 711 (Florida Relay Service).
Ad #250
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