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Ordinance 1827ORDINANCE NO. 1827 AN ORDINANCE AMENDING ORDINANCE NO. 289, COMMONLY 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 A Board of Adjustment is hereby created. The word 'Board' when used in this ordinance shall be construed to mean the Board of Adjustment. The Board shall consist of seven (7) members, as follows: The City's Planning and Zoning Director and Public Works Director shall be ex officio members without the right of vote, and whose presence shall not be counted for the determination of a quorum. The remaining five members shall consist of the following: One member shall be appointed from one of the following professions or callings: Law, Architecture, Engineering, Real Estate Development, Certified Public Accounting, Financial Consultation, and General Business. The members representing the professions of Law, Architecture, Engineering and Public Accounting shall be duly licensed by the State of Florida; the member representing General Business shall be of responsible standing in the community, and each member shall be bound by the requirements of the Conflict of Interest Ordinance of the City and shall be subject to removal from office for the violation of the terms thereof. No member shall have any financial or other interest in any matter coming before the 'Board. Members shall be appointed for a term of one year by a five -sevenths vote of the City Council. 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 or alteration 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. -1- OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 "An appeal from the decision of the Administrative Offices may be taken to the Board of Adjustment by any person aggrieved, or by any 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. Such Board of Adjustment shall also hear and decide appeals from, and review, any order, requirement, decision or determination made by an administrative official charged with the enforcement of the Zoning Ordinance of the City of Miami Beach. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of said Zoning Ordinance, the Board of Adjustment shall have the power in passing upon appeals, to vary or modify any regulations or provisions of such ordinance relating to the use, construction, or alteration of buildings or structures, or the use of land, so that the spirit of the Zoning Ordinance shall be observed, public safety and welfare secured, and substantial justice done. In no case shall the Board have any power to amend the Zoning Ordinance with reference to the use of land, or jurisdiction over any request for variance which shall constitute an amendment to the Zoning Ordinance as to the use of land. Upon the hearing, any person may appear in person or by agent or by attorney. The Board may require that all testimony given before it shall be under oath. Any order or decision of the Board of Adjustment shall require an affirmative four-fifths vote of the Board. The decision of the Board of Adjustment shall be final and there shall be no further review thereof except by resort to a court of competent jurisdiction by petition for writ of certiorari. All variance requests shall be first submitted to the City Attorney for a determination whether the requested variance is properly such, and does not constitute a change or amendment to the Zoning Ordinance. The jurisdiction of the Board of Adjustment shall not attach unless and until the Board has before it a written certificate of the City Attorney that the subject matter of the request is properly before the Board. The separate written recommendations of the Planning and Zoning Director and of the Public Works Director shall be before the Board prior to its consideration of any matter before it. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies 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. -2- OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 "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. Any person requesting and obtaining a public hearing on an application for a variance before the Board shall pay, upon the adoption of a motion or resolution calling a public hearing, the sum of Fifty ($50.00) Dollars as costs to defray the expense of public notices and other administrative costs in connection with said hearing. (1511) (1616) In the event the public hearing as originally called or scheduled is continued or recessed at the request of the applicant, the said applicant shall pay an additional charge of Twenty-five ($25.00) Dollars to defray the costs of such continuation or postponement. (1616) Any person appearing before the Zoning Board of Adjustment on an application for a variance from the provisions of this ordinance shall be administered the following oath by any person duly authorized under the laws of Florida to administer oaths: , do hereby swear, under oath, that any and all testimony to be given by me in this proceeding is the truth, the whole truth, and nothing but the truth, so help me God.' Any person giving false testimony before the Zoning Board of Adjustment on an application for a variance from the provisions of this ordinance shall be deemed to have violated the provisions hereof and shall be subject to the maximum penalty prescribed by Section 2 of the Code of the City of Miami Beach, Florida. (1647) Upon the withdrawal or final denial of an application for a variance from the provisions of this ordinance, no new application may be filed for such variance within six (6) months following such withdrawal or denial, unless, however, the decision of the Zoning Board of Adjustment taking any such final action is made without prejudice, or unless the withdrawal of such application is permitted to be made without prejudice. An application may be withdrawn without prejudice by the applicant as a matter of right, if such request is signed by the applicant and filed with the Planning and Zoning Director prior to the giving of any notice required by this ordinance; otherwise, all such requests for withdrawal shall be with prejudice, save and except that the Zoning Board of Adjustment may permit withdrawals without prejudice at the time the application for said variance is considered by the said Board; provided further, that no application may be withdrawn after final action has been taken. (1682) " -3- OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 SECTION 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. The health and welfare of the City being in peril, the three readings of this ordinance shall be had in one session and the City Council finding that this ordinance is necessary for the immediate pro- tection of its citizens, it shall therefore go into effect immediately upon its passage. PASSED and ADOPTED this 20th. day of May , 1970. Attest: Ruth B. Rouleau City Clerk -Finance Director By. 1st reading - 2nd reading - 3rd reading - POSTED - May 20, 1970 May 20, 1970 May 20, 1970 May 21, 1970 OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 • lb - STATE OF FLORIDA COUNTY OF DADE: I, RUTH B. ROULEAU, City Clerk and Finance Director in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1827 entitled: AN ORDINANCE AMENDING ORDINANCE NO. 289, 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 21st day of May, 1970, 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 1st day of July, 1970. City Clerk and Finance Director C 00 N N E • a) cn O C •--1 (0 "D ••CQ 1� "'C L) N L 4 - CO O L O a) 4- -F-1 - • O S -- --I --I O (0 (0 Q Z N t O Z N U — W W U • +-1 - Z U C Q) DC < a) U C O Z N E 0) C o •- E -C a) C > a) O O E +-