Ordinance 86-2510 ORDINANCE NO. 86-2510
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO.
1891; PROVIDING FOR AN AMENDMENT TO SECTION 7
AMENDING THE CONDITIONAL USE PROCEDURES,
EXTENSION OF TIME AND THE PROCEDURE FOR MINOR
AMENDMENTS TO APPROVED CONDITIONAL USES;
CREATING PROCEDURES FOR ADMINISTRATIVE REVIEW
OF MUNICIPAL BUILDINGS AND USES; AMENDING THE FEE
REQUIREMENT FOR A SUBSTANTAL AMENDMENT TO AN
APPROVED CONDITIONAL USE AND PROVIDING FOR A FEE
REQUIREMENT FOR A CONTINUATION OF A HEARING;
PROVIDING FOR AN AMENDMENT TO SECTION 11 SIGNS IN
SPECIAL CASES; PROVIDING FOR AN AMENDMENT TO
SECTION 20 PERTAINING TO THE COMPOSITION,
DETERMINATION OF JURISDICTION, MEETINGS AND
PROCEDURES, AND POWERS AND DUTIES OF THE
PLANNING BOARD; AMENDING THE DESIGN REVIEW
BOARD'S DESIGN REVIEW PROCEDURES BY ELIMINATING
THE PRELIMINARY DESIGN REVIEW AND THE 10 DAY
WAITING PERIOD BETWEEN THE PUBLICATION OF THE
STAFF REPORT AND THE DESIGN REVIEW BOARD
MEETING; PROVIDING FOR AN AMENDMENT TO THE
DESIGN REVIEW BOARD'S QUORUM REQUIREMENTS;
PROVIDING FOR INCLUSION WITHIN THE COMPREHENSIVE
ZONING ORDINANCE; PROVIDING FOR A REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA;
Dashed Wets = Deleted Language
Underlined Words = New Language
Section 1: That Section 7, Sub-section 7-1 of Ordinance No. 1891 is hereby amended
to read as follows:
7-1 CONDITIONAL USES.
A. Purpose. The purpose of this Section is to establish a process which is designed
to determine if certain uses, hereafter referred to as Conditional Uses, should be
permitted. Special review of Conditional Uses is required because these
generally are of a public or semi-public character and are essential and desirable
for the general convenience and welfare of the community; but because of the
nature of the use and possible impact on neighboring properties, require the
exercise of planning judgement on location and site plan.
B. Procedures. Applications for approval of a conditional use shall be submitted to
the Planning Department, which shall prepare a report and recommendation for
use by the Planning Board, and when required, the City Commission to make
decisions. Ei4y COFRm4ss4e1:1: Within a reasonable time, but in no instance less
than thirty (30) days after receipt of a complete application, the Planning Board
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shall hold a public hearing, at which parties in interest and citizens shall have an
opportunity to be heard. Approximately fifteen (15) days prior to the public
hearing date, a description of the request, the time and place of such hearing
shall be posted on the property, advertised in a paper of general paid circulation
in the community, and notice shall be given by mail to the owners of record of
land lying within 375 feet of the property. Within thirty .0G3 days atter the
pubiie hear4Rg; the P4aRRiRg Beard shall submit a repert and reeemreeRdatieRs to
the City CereretssieR: The repent may eeRta+R additieRa4 eeRdttieRS wh+eh sheu4d
be imposed by the City CommissieR tR apprevtRg the eeRdtt+eRa4 use: The City
CemmissieR may establish additeeRaf eeRdttteRs ter aR appteva4 by a simp4e
maj.erity vete; but shaii require a vete of five-sevenths 0/73 of a44 members et
the CemmtssieR to eve*ru4e a PfaRRtRg Beard FeeemmeRdatieR ter disappteva4 ei
to eliminate a substaRtia14y ehaRge any eeRditieRs attached to aR appreva4 by
the P4aRR4Rg Beard:
1. Site Plan Required
Each application for approval of a conditional use shall be accompanied by
a site plan meeting the requirements of Section 23, 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. Approval of a conditional use under this Section shall become null and
void if a building permit has not been issued within six (6) months
after the date of approval. Such conditional use may also become
null and void if a Certificate of Occupancy, Certificate of
Completion or an Occupational License is not issued within two (2)
years after Commission approval.
b. When extenuating circumstances or compelling reasons prevent the
applicant from complying with conditions of approval within the
above stated time periods, the applicant may request the P4aARiRg
Beard Planning Director who, after consultation with the Chairman
of the Planning Board, may grant approve one nine (9) month
extension of time to (1) obtain a building permit or (2) to complete all
construction work and obtain a Certificate of Occupancy, Certificate
of Completion or Occupational License. Subsequent requests for
extention of time shall only be approved by the Planning Board where
the public notice requirements shall be Nettee RequemeRts ter a
request feF aR exteRsieR et time shal4 be satisfied by placing the
request on the Planning Board Agenda. Appeal of the Planning
Director's finding shall be to the Board and scheduled no earlier than
20 days prior to the next regular meeting date. Appeal of the Board's
finding shall be to the City Commission. A five-sevenths (5/7) vote
of the Commission shall be required to overrule a decision of the
Planning Board relating to an extension of time request. The appeal
shall be filed within 30 days of the date the decision is rendered.
c. An approved and operational conditional use which remains idle or
unused in whole or in part for a continuous period of six (6) months or
for eighteen (18) months during any three (3) year period whether or
not the equipment, fixtures, or structures remain, shall be required to
seek re-approval of the Conditional Use from the Planning Board.
Such use shall not be permitted to be re-used until the Planning Board
approval has been granted.
3. Compliance with Conditions
a. No licensing permit, Certificate of Occupancy, or Certificate of
Completion shall be issued until all conditions of approval have been
met. Permits issued under a conditional use approval may be revoked
by the Building Official for failure to comply with conditions of
approval or applicable regulations.
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b. Within a reasonable time after a conditional use application or
amendment has been approved by the City Cemr +ssieR AF appreva4 e€
the P4aRRiRg Beard; the applicant shall record in the Circuit Court
the action and conditions, if any. No Building Permit, Certificate of
Occupancy, Certificate of Completion or licensing permit shall be
issued until this regulation has been complied with.
4. Amendment of an Approved Conditional Use
a. An approved conditional use may be amended upon a decision by the
Planning Beat Director who shall first determine whether the
request is a substantial or minor amendment. If the Planning
Director determines the request is a substantial amendment, the
review process shall be the same as for a new application. The
preeess fer a r iher ameRrlmeht shall iRe4Hde 4is#iRg the Fequest eh
the regular meet-41g agenda: In determining whether the request is a
substantial or minor amendment, the Beard Planning Director shall at
a minimum consider the overall impact of the change, increase or
decrease in parking or floor area, landscaping and design,
consistency with this Ordinance, efficient utilization of the site and
circulation pattern. Any increase in lot area, parking requirements,
floor area ratio, density, and/or lot coverage as determined by the
appropriate City agency responsible for determining such findings,
shall automatically be considered as a substantial amendment.
If the Planning Director determines the request is a minor
amendment, the applicant may submit an application for a building
permit; however, the Planning Director shall approve the site plan
prior to the issuance of a building permit.
5. Fees
The below fees are for the purpose of defraying expenses of public notices
and other administrative costs in connection with processing applications:
a. Any applicant requesting and obtaining a public hearing before the
Planning Board shall pay the following fees:
1. Conditional Use - when a fee $400.00
has not been established for a plus $0.50 per
specific use mailing address
2. Planned Unit Development (PUD) $200.00 plus $0.50 per
as described in Sec. 6-4 K.2. mailing address
3. Adult Congregate Living Facility $40.0.00 plus $35.00 per
bed plus $0.50 per
mailing address
b. A request for minor amendment to an approved Conditional Use,
clarification of condition or an extension of time shall require a fee
of $100.00.
c. A request for a substantial amendment to an approved Conditional
Use shall require a fee of $400.00 plus $0.50 per mailing address.
d. If an applicant withdraws his application prior to the date of the
public hearing and requests a new hearing date, a fee of $500.00 shall
be required. The fee is to defray the costs of scheduling the new
public hearing, to notify the property owners of the cancellation of
the original public hearing and establishment of the revised hearing
date.
e. If the applicant requests a continuation of a public hearing, a fee
conmensurate with all costs shall be assessed; however, the fee shall
not be less than $200.00.
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f. A fee of $200.00 shall be required in order to file an Appeal of a
Planning Board or Planning Director's decision.
6. Conditional Use Review of Municipal Buildings and Uses
The City Commission may approve municipal buildings, uses and recreational
facilities or privately developed projects on municipal land, when such buildings,
uses, facilities or projects are:
a. Reviewed by the Planning Roard pursuant to the Conditional Use
procedure; however the Planning Board's finding,is a recommendation
to the City Commission. A five-sevenths (5/7) vote of the City
Commission is necessary to approve an application pertaining to City
owned property or reverse a Planning Board recommendation.
b. Listed in the Comprehensive Plan, Specific Neighborhood Study or
the Capital. Improvement Plan. If the use is not listed in these
documents, they shall be amended prior to the issuance of a building
permit for construction affecting Municipal property.
7. Appeal Of A Planning Board Conditional Use Decision
The applicant, City Manager or an owner of property within 375 feet of the site
may appeal a Conditional Use decision of the Planning Board to the City
Commission. The appeal shall be in writing and submitted to the Planning
Director within fifteen (15) days of the date the Planning Board reached a
decision on an application. The appeal shall be placed on the City Commission
agenda within forty five (45) days of receipt of the appeal. Appeal of a Planning
Director's decision shall be to the Planning Board. In order to reverse, amend, or
modify a Conditional Use decision of the Planning Board or Planning Director,
the agency hearing the appeal:
a. Shall find that the Planning Roard/Director acted arbitrarily and
capriciously in abuse of its discretionary powers; and
b. The vote to reverse, shall require at least 5 votes by the City
Commission or 5 votes of the Planning Board, whichever is
applicable.
c. An appeal stays all work on the premises and all proceedings
including a request for a building permit, certificate of completion or
occupational license.
Appeal from a Conditional Use decision of the City Commission shall be to the
court of appropriate jurisdiction pursuant to the laws of Florida within the time
period as set forth in those laws or within thirty days of the date the City
Commission reached a decision; whichever is earlier.
Section 2: That Section 11, Sub-Section 11-1 D. and F. are hereby amended to read as
follows.
11-1 D. Erection of Signs in Special Cases. The Board of Adjustment shall grant approval
or deny signs not conforming to the requirements of this Section. For purposes
of this Section signs considered by the Board of Adjustment shall only be those
exceeding the maximum size, location or those relating to graphics and
illustrations where such regulations have been established in the Ordinance; in
other cases when this Ordinance does not contain specific sign regulations, they
such requests shall be considered by the City Cemmtssienv Design Review Board.
Appeal of the Design Review Board's decision shall be to the Board of
Adjustment and considered as a variance.
11-1F. Signs Over Public Property.
1. No sign of any character shall be suspended across any public street, alley
or waterway; nor shall any sign of any description be painted on or applied
to any curb, sidewalk, tree, light standard, utility pole, hydrant, bridge,
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wall, or any structure, other than an awning, which is within the property
lines of any street, alley or waterway within the city; except on a
temporary permit basis as pfevided iR paFagFaph 44-4 D, approved by the
City Commission poeeediRg; and with penmissieR ef the City CemmissieR:
2. No portion of any flat sign which extends over a public sidewalk or alley
shall be less than nine (9) feet above such sidewalk or fifteen (15) feet
above such alley, measured vertically directly beneath the sign.
3. No projecting sign, except a marquee, and no detached, ground or pole sign
shall extend or project over any portion of any sidewalk, street, alley,
waterway or any other public way or any public property.
Section 3: That Section 20 is hereby amended to read as follows:
2G-4 20-1 POWERS AND DUTIES.
A. To acquire, compile and collate all available data, materials, statistics, maps,
photographs, reports and studies necessary to obtain an understanding of past
trends and present conditions, which affect the City and the economic and
general welfare of its residents and the forces now at work which are and will
continue to affect the future of the City.
The Board shall evaluate the data so acquired and derive therefrom the past,
present and future trends as they relate to population, property values, economic
bases, land use, and to evolve the principles and policies required to guide the
direction and type of future development and expansion of the City.
B. To conduct such public hearings as may be helpful in gathering information and
data necessary for the drafting of suitable and appropriate plans for the
comprehensive and systematic development of the City and to transmit the same
to the City for consideration thereof by said City Commission.
C. To make, cause to be made, or obtain special studies on the location, condition
and adequacy of specific facilities of the City. These may include, but are not
limited to, studies on single and multiple family housing, including hotels,
apartment houses, cooperatives and condominiums, commercial and industrial
conditions and facilities, beaches, parks, playgrounds and other recreational
facilities, public buildings, public and private utilities, traffic, transportation and
parking. The Board shall be authorized to study and consider any and all studies
in this field made and published by the Federal, State and County governments.
D. To make appropriate studies of the location and extent of present and
anticipated use of land, population, social and economic resources and problems,
and to submit such data, with the recommendations of said Board, to the City
Commission.
E. To consider and to act upon any and all matters referred to it by the City
Commission or by the provisions of any City ordinance pertaining to the
development of the City of Miami Beach, and to submit its findings and
recommendations on such matters to the City Commission.
F. In granting a request, the Planning Board may prescribe appropriate conditions
and safeguards which are consistent and supportive of the City's Comprehensive
Plan, Special Neighborhood Plan or Capital Improvement Plan. Violation of such
conditions and safeguards shall be deemed a violation of the Ordinance.
G. To carry out its responsibilities as the Local Planning Agency pursuant to the
State of Florida and Local Government Comprehensive Planning and Land
Development Regulations Act (Chapter 163, Florida Statutes, as amended).
2G-3 20-2 MEETINGS AND PROCEDURES.
A. The Board created hereby shall elect a Chairperson, a Vice Chairperson, and a
Secretary. It shall have authority to adopt rules and regulations for its guidance
in the transactions of its business, subject to the limitations of the City's
Charter and ordinances. The Board shall appropriate rules, establish the time,
place and manner of holding regular and special meetings. The Board is also
authorized to call public hearings and to create committees and sub-committees
when deemed appropriate or convenient for the performance of its duties.
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B. All requests shall be submitted to the City Attorney for a determination whether
the request is properly such, and does not constitute a variance of the Ordinance.
The jurisdiction of the Planning Board 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 Director shall be before the Board prior to its
consideration of any matter before it.
C. Any person appearing before the Planning Board shall be administered the
following oath by any person duly authorized under the laws of Florida to
administer oaths:
"I, , 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."
1. Any person giving false testimony before the Planning Board 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)
D. QUORUM AND VOTING.
A quorum shall constitute five (5) regular members. An affirmative vote of five
(5) regular members shall be required to approve a request before the Board. If
an application is denied, the Board shall provide a written statement in support
of its finding.
2A-4 20-3 COMPOSITION
A. The Board shall be composed of eleven 4444 seven (7) regular voting members
and two ex-officio members. Each regular member shall be appointed by a
majority vote of the City Commission.fedw 444 of where shall- be appeinted by a
r ajer-tty vete ef the City Cemmissien and each member of the City Gerereissien
shall be entitled to appeint ene 44 e€ the remaining seven {73 members: Each
member shall serve feF a term of twe 424 years: Each regular voting member
shall serve for a term of two years. The Planning Director and City Attorney
shall serve in an ex-officio advisory capacity with no voting authority.
B. All regular voting members of the Board shall have considerable experience in
general business, land development practices or land use issues; however, the
Board shall at a minimum be comprised of one registered architect, one certified
engineer, one developer and one attorney who has considerable experience in
land use and zoning issues,
29-2 Eligibility
AT C. No person except a resident of the City of Miami Beach, or an individual having
their main business interest in the City of Miami Beach shall be eligible for
appointment to the Planning Board. Mewever; In the event any member of the
Board fails to attend more than two consecutive regularly scheduled meetings
and/or workshops comprised of the entire Board without due cause or bona fide
excuse, as found and determined by a majority of the Board, said member shall
cease to be a member of said Board.
SECTION 4: That Section 21, subsection 21-5 is hereby amended to read as follows:
21-5 DESIGN REVIEW PROCEDURE
A. Consistency with Design Review Board Standards - All plans shall be consistent
with the Design Review Board's adopted guidelines for the area-in which the site
is located and with the criteria listed.
DT B. Final Design Review - Application for Design Review - The applicant shall obtain
a Design Review application from the Planning Department which shall be
responsible for the overall coordination and administration of the Design Review
Process. Once the application and apprepriate sets) of pians have been received
by the Planning Department and is determined to be complete, the Planning
Department shall place the application on the agenda and within ten {49)
werking days cenduct a staff review and prepare a recommendation to the
Design Review Board. Based upon the size of the project, the Planning
Department shall determine the date the application will be heard by the Board.
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C. Fees - An applicant requesting a hearing before the Design Review Board shall
pay, upon the submission of an application to the Planning Department, a fee of
1% of the estimated value of construction; but not less than $50.00 or exceed
$200.00. An application pertaining only to signs shall require a fee of $50.00.
If a deferment or clarification hearing is requested by the applicant, a $50.00 fee
shall be assessed. If a deferment or clarification of conditions is requested by
the Board, there will be no additional fee. If the applicant removes his file from
the agenda after it has been accepted by the Planning Department, the City shall
retain 50% of the application fee.
The above fee schedule is provided to defray the costs associated with the
Administration of this Section.
D. Clarification Hearing - Should a question arise as to compliance with the
conditions as outlined by the Design Review Board, a clarification hearing before
the Board may be called by any City Department having jurisdiction over the
applicant.
CT Ppeltr h aiy Design Review
The applicant shall submit a PFe4rmiRaFy Design Review ApplieatteR te the
Planning DepaItmeRt: The Planning DepaFtraent3 with the assistance el any
etheF applicable City Depa4traent; will Fe view the Zenif g; aFehiteetuFal and
etheF plan elements e€ the application and pFevide eemraents te the applicant
within ten 440 days el the application:
Section 5: That Section 21, subsection 21-4E is hereby amended to read as follows:
21-4 E. Quorum and Voting - A quorum shall constitute four (4) five 4 regular voting
members. An affirmative vote of four (4) regular voting members shall be
required to approve an application for design review. Prior to a decision of the
Board, the ex-officio members shall submit a recommendation for each item on
the agenda, in addition, the City Attorney shall determine whether a request is
properly before the Board. If an application is denied, the Board shall provide a
written statement in support of its finding.
SECTION 6: ESTABLISHMENT OF THE BOARD
For purposes of providing for the establishment of the first Planning Board organized under
this Ordinance, the following shall apply:
1. The entire eleven (11) member Board shall serve until December 17, 1987, at
which time the City Commission shall select a new seven (7) member Board. The
four (4) current at large appointments shall serve from January 17, 1987 to
December 17, 1987. The seven (7) current Commission appointments shall expire
on December 17, 1987.
SECTION 7: INCLUSION IN ZONING ORDINANCE NO. 1891.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made a part of the City of Miami Beach Zoning
Ordinance No. 1891 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 8: REPEALER. All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
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7/9y/ed
SECTION 9: SEVERABILITY. If any section, sub-section, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such hold shall not affect the validity of the remaining portions of this
Ordinance.
SECTION 10: EFFECTIVE DATE
This Ordinance shall take effect ten (10) days after adoption, on August 2, 1986
however, the effective date for the Establishment of Staggered Terms shall be as set forth
in Section 6 of this Ordinance.
PASSED AND ADOPTED this 23 day of j y , 19: .
/
AYOR
ATTEST:
JfJJ / )77 /3LIL,
CITY CLERK
1st Reading - July 9, 1986
2nd Reading - July 23, 1986
JK/JGG:hm:cmf
6/30/86
Ord. Amend.
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