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.
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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.
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Attest:
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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 .
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