Ordinance 84-2424 ORDINANCE NO. 84-2424
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO.
1891; PROVIDING FOR AN AMENDMENT TO SECTION 7-1
CONDITIONAL USES REGARDING PURPOSE, APPLICATION
PROCEDURES,REVIEW GUIDELINES; PROVIDING FOR INCLUSION
IN ZONING ORDINANCE NO. 1891; REPEALER; SEVERABILITY
AND PROVIDING FOR AN EFFECTIVE DATE •
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: That Section 7, Subsection 7-1 of Ordinance No. 1891 of the City of Miami
Beach is hereby amended to read as follows:
SECTION 7
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SUPPLEMENTARY USE REGULATIONS
The regulations set forth in this Section qualify or supplement the District
Regulations appearing elsewhere in this Ordinance.
7-1 Conditional Uses.
A. PURPOSE. The purpose of this Section is to establish pfevlde feF ceFta+R uses
which eaRRet be well adjusted te theiF eRvtFeHrrent tR paFtfculaF lecatieRs and
lull pFetectteR efleFed te suFFeundtng pFepeFtles by r4gi appl4eatlens ef the
DIstFlet RegulatteRs a process which is designed to determine if certain uses,
which if designated as Conditional Uses, should be permitted. Special review of
Conditional Uses is required because these uses aFe 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
the frmpeFtaAee e€ the FelatleAsblp te the CermpFeheRsive DevelepmeRt Plar and
possible impact on neighboring properties, require the exercise of planning
judgement on location and site plan.
B. D= PROCEDURES - CONDITIONAL USES-, Applications for approval of a
conditional use shall be submitted to the Planning Department, who shall prepare
a report and recommendation for consideration by the Planning Board and City
Commission. which shall Fevtew the applicatieR and site plan leF sufficieRey
under the FequiFements el these FegulatieRs. Within a reasonable time, but in no
instance less than thirty (30) days after receipt of a complete application, the
Planning Board shall hold a public hearing, fR FelatteR thefete; at which parties in
interest and citizens shall have an opportunity to be heard. Approximately 1.5
days Rettce prior to the public hearing date, a description of the request, el the
time and place of such hearing shall be posted on the property, lR questleR fR
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aeeeFd with the FequiFereeRts et SeetieR 16. 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 37.5 feet of the property. Within 30 days after the
public hearing, the Planning Board shall submit a report and recommendation to
the City Commission. The report may contain additional conditions which should
be imposed by the City Commission in approving the conditional use. The City
Commission may establish additional conditions for an approval by a simple
majority vote, but shall require a vote of five-sevenths of all members of the
Commission to overrule a Planning Board recommendation for disapproval or to
eliminate or substantially change any conditions attached to an approval by the
Planning Board.
1. Site Plan Required. Each application for approval of a conditional use shall
be accompanied by a site plan meeting the requirements of Section 14, and
such other information as' may be required for a determination of the
nature of the proposed use and its effect on the Comprehensive
DevefepmeRt 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 dR4.ess eeRStFuetieR OF
use :is substaRtta14y wwdeFway within 6 months after the date of
CernmtssieR approval. Such conditional use may also become null and
void if a44 weFk is Ret eempleted a Certificate of Occupancy,
Certificate of Completion or an Occupational License is not issued
within 12 reeRths two (2) years after CernrefssieR 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 Planning
Board to grant a nine (9) month extension of time to (1) i ititate
eeRstFI etieR OF use obtain a building permit or (2) to substaRtta14y
complete all construction work and obtain a Certificate of
Occupancy, Certificate of Completion or Occupational License.
Notice requirements for a request for an extension of time shall be
satisfied by placing the request on the Planning Board Agenda.
c. An approved and operational conditional use which remains idle or
unused in whole or in part for a continuous period of 6 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 Planning Board and City
CernretssfeR. Such use shall not be permitted to be re-used until
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the Planning Board a Rew EeRditioRaf use approval has been granted.
3. Compliance with Conditions
a. No licensing permit, eF 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 cede ERfeFEemeet DiFeeteF for failure to
comply with conditions of approval or applicable regulations.
b. Within a reasonable time after a conditional use application or
amendment has been approved by the City Commission or approval of
Planning Board, 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.
2 The procedure feF ameRdmeRt ef a EeRditieRai use already approved; eF a
request feF a ehaRge ef EARd.tfeRs attached te aR appreva1 shall be the
same as feF a Rew agpii€atieR; except that where the FfaRR}Rg Beard
deteFm.iRes the ehaRge te be a m+R9F eRe relative te the eF+g+Raf appreva1T
the BeaFd may traRsmtt the same te the Clerk of the City CemnatssteR with
the eFfg+Raf FeeeFd w+theut Fequ+FtRg that a Rew appiicatfeR and site p4aR
be filed=
4. Amendment of an Approved Conditional Use
a. An approved conditional use may be amended upon a decision by the
Planning Board who shall first determine whether the request is a
substantial or minor amendment. The process for a substantial
amendment shall be the same as for a new application. The process
for a minor amendment shall include listing the request on the
regular meeting agenda. In determining whether the request is a
substantial or minor amendment, the Board 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 shall automatically be considered as a
substantial amendment.
5. Fees - The below above fees are for the purpose of defraying expenses of
public notices and other administrative costs in connection with said
heaFi-Rg processing applications:
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a. Any applicant requesting and obtaining a public hearing before the
Planning Board shall pay the following fees:
1. a= Conditional Use $200
2. b= Planned Unit Development (PUD) $409 $200
as described in Section 6-4 K.2.
b. A request for minor amendment to an approved conditional use,
clarification of conditions or an extenstion 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 $200.
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 shall be
required. The fee is to defray the costs of scheduling the new public
hearing and to notify the property owners of the cancellation of the
original public hearing and establishment of the revised hearing date.
C BT REVIEW GUIDELINES GENERAL CONDITIONS. Conditional Uses may be
approved by the City Cermmiss4eR iR ceitaih Districts; in accordance with the
procedures and standards of this Section, provided that:
1. the application is consistent with the Comprehensive Plan;
2. structures and uses associated with the request are consistent with this
Ordinance;
3. the public health, safety, morals, and general welfare will not be adversely
affected;
4. that adequate off-street parking facilities will be provided;
5. that necessary safeguards will be provided for the protection of
surrounding property, persons, and neighborhood values; and
6. the intended use or construction does not place a burden upon City
services.
UR4ess etherwtse specified th this SeetteR; eF specified as a cehditioR ef
appreva4r the height 4imits; yard spaces; let area; arid sigh reguiremerts shalt be
the same as €er ether uses ih the District th which the ceRditieRa4 use is 4ecated:
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SECTION 2: 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 3: REPEALER. All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 4: 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 5: EFFECTIVE DATE
This Ordinance shall take effect ten (10) days after adoption, on
August 5th , 1984.
PASSED AND ADOPTED this 25ttday of July , 1984.
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MAYOR
ATTEST:
(14erzi, ,t 4-L4,/
CITY CLERK
1st Reading - July 11th, 1984
2nd Reading - July 25th, 1984
RWP/JK/rg
4/26/84
FORM AF L� , INT
ENT •
BY: 4
DATE
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