Ordinance 2025-4693 Notice Requirements for Land Use Boards
ORDINANCE NO. 2025-4693
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "MIAMI BEACH RESILIENCY
CODE," CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE II, ENTITLED "GENERAL DEVELOPMENT
APPLICATION AND HEARING PROCEDURES," SECTION 2.2.4,
ENTITLED "PUBLIC HEARING," SECTION 2.2.4.1, ENTITLED PUBLIC
NOTIFICATION," BY MODIFYING THE PUBLISHED NOTICE
REQUIREMENTS FOR THE CITY'S LAND USE BOARDS;AND PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City Commission desire to amend the current requirements in
the City Code pertaining to notice requirements for land use board approvals; and
WHEREAS, public notice is an important component of the development review process;
and
WHEREAS, minimum notice requirements for the City's land use boards promote the
general health, safety and welfare of the residents of the City; and
WHEREAS, Section 50.0311, Florida Statutes, authorizes the City to use a publicly
accessible website hosted by Miami-Dade County as an alternative means of publishing notices
and advertisements otherwise required to be published in a newspaper of general circulation; and
WHEREAS, on May 15, 2024, the Mayor and City Commission adopted Ordinance No.
2024-4618, amending the City Code to authorize the City to publish notices and advertisements
on a publicly accessible website hosted by Miami-Dade County, except as otherwise provided by
applicable law; and
WHEREAS, this Ordinance amends the Land Development Regulations, also known as
the Miami Beach Resiliency Code, to require the City to publish notices of land use board
applications on a publicly accessible website, in lieu of the newspaper, consistent with Section
50.0311, Florida Statutes, and Ordinance No. 2024-4618; and
WHEREAS, this Ordinance does not modify existing requirements for mail notice or
postings on the property; and
WHEREAS,the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 2 of the Miami Beach Resiliency Code, entitled "Administration and Review
Procedures," Article II, entitled "General Development Application and Hearing Procedures," is
hereby amended as follows:
CHAPTER
ADMINISTRATION AND REVIEW PROCEDURES
# # #
ARTICLE II —GENERAL DEVELOPMENT APPLICATION AND HEARING PROCEDURES
# #
2.2.4 PUBLIC HEARING
# # k
2.2.4.1 Public Notification
Hearings before a land use board on an application for development approval shall be noticed to
the public in accordance with the following provisions, unless otherwise more specifically provided
for in these land development regulations, and the applicant shall pay a fee for such notices
pursuant to section 2.2.3.5.
a. Advertisement. At least 30 days prior to the public hearing date, a description of the
request, and the date, start time of the meeting and location of the hearing shall be noticed
on a Publicly accessible website hosted by Miami-
Dade County, consistent with the requirements of section 50.0311 Florida Statutes.
b. Mail notice. At least 30 days prior to the public hearing date, a description of the request,
and the date, start time of the meeting, and location of the hearing shall be given by mail
to the owners of record of land lying within 375 feet of the property that is the subject to of
the application. Applicants shall submit all information and certifications necessary to meet
this requirement, as determined by the planning department. Additionally, courtesy notice
shall also be given to any Florida nonprofit community organization which has requested,
in writing, that of the Planning Director R wrtng to be not fied provide notice of board
hearings.
c. Posting. At least 30 days prior to the public hearing date, a description of the request, and
the date, time, and place of such hearing shall be posted on the property. Such posting
shall be have a minimum dimension of 11 inches by 17 inches, and shall be located in a
visible location at the front of the property, and shall not be posted on a fence or wall that
would be obstructed by the operation of a gate.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. 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 maybe 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.
SECTIONS. EFFECTIVE DATE.
This Ordinance shall take effect sixty(60) days following adoption.
PASSED AND ADOPTED this 3 day of Qbr(r4rz , 2025.
L X�
Steven Meiner, Mayor
ATTEST: r :
Rafael E. Granado, City Clerk APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
Verified By: 12, V' "C'kY~�omeY"'NZ DeW
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Thomas . Mooney, AICP
Planning Director
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Sponsored by Commissioner David Suarez
Ordinances -R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE. February 3, 2025 9:45 a.m. Second Reading Public Hearing
TITLE: NOTICE REQUIREMENTS FOR LAND USE BOARDS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED "MIAMI BEACH RESILIENCY CODE,"CHAPTER
2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE II,
ENTITLED "GENERAL DEVELOPMENT APPLICATION AND HEARING
PROCEDURES," SECTION 2.2.4, ENTITLED "PUBLIC HEARING," SECTION
2.2.4.1, ENTITLED PUBLIC NOTIFICATION," BY MODIFYING THE PUBLISHED
NOTICE REQUIREMENTS FOR THE CITY'S LAND USE BOARDS: AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUND/HISTORY
On June 26, 2024,at the request of Commissioner David Suarez,the Mayor and City Commission
referred a proposal pertaining to notice requirements for land use boards (C4 P)to the Land Use
and Sustainability Committee (LUSC)and the Planning Board. On September 5, 2024, the LUSC
discussed the item and recommended that the Planning Board transmit the ordinance to the City
Commission with a favorable recommendation.
ANALYSIS
The proposed ordinance amends section 2.2.4.1 of the Land Development Regulations of the
City Code (LDRs) by replacing the current requirement for a 30-day published notice in a
newspaper of general circulation with a 30-day on-line notice, published on a website hosted by
Miami-Dade County. This includes public hearing notices required pursuant to Section 2.2.4.1 of
the LDRs for applications before the City's four land use boards (Board of Adjustment, Design
Review Board, Historic Preservation Board and Planning Board).
The proposed ordinance is consistent with the requirements of section 50.0311, Flonda Statutes:
50.0311 Publication of advertisements and public notices on a publicly accessible
website and governmental access channels.
(1) For purposes of this chapter, the term "governmental agency"means a county, municipality,
school board, or other unit of local government or political subdivision in this state.
(2) For purposes of notices and advertisements required under s. 50011 the term "publicly
accessible website"means a county official website or other private website designated by the
county for the publication of legal notices and advertisements that is accessible via the Internet
Ail advertisements and public notices published on a website as provided in this chapter must be
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in searchable form and indicate the date on which the advertisement or public notice was first
published on the website.
(3) A governmental agency may use the publicly accessible website of the county in which it lies
to publish legally required advertisements and public notices if the cost of publishing
advertisements and public notices on such website is less than the cost of publishing
advertisements and public notices in a newspaper.
(4) A governmental agency with at least 75 percent of its population located within a county with
a population of fewer than 160,000 may use a publicly accessible website to publish legally
required advertisements and public notices only if the governing body of the governmental
agency, at a public hearing that has been noticed in a newspaper as provided in this chapter,
determines that the residents of the governmental agency have sufficient access to the Internet
by broadband service, as defined in s. 364.02 or by any other means, such that publishing
advertisements and public notices on a publicly accessible website will not unreasonably restrict
public access.
(5) A special district spanning the geographic boundaries of more than one county that satisfies
the criteria for publishing and chooses to publish legally required advertisements and public
notices on a publicly accessible website must publish such advertisements and public notices on
the publicly accessible website of each county it spans. Forpurposes of this subsection, the term
"special district"has the same meaning as in s. 189.012-
(6) A governmental agency that uses a publicly accessible website to publish legally required
advertisements and public notices shall provide notice at least once per year in a newspaper of
general circulation or another publication that is mailed or delivered to all residents and property
owners throughout the government's jurisdiction, indicating that property owners and residents
may receive legally required advertisements and public notices from the governmental agency by
first-class mail or e-mail upon registering their name and address or e-mail address with the
governmental agency. The governmental agency shall maintain a registry of names, addresses,
and e-mail addresses of property owners and residents who have requested in writing that they
receive legally required advertisements and public notices from the govemmental agency by first-
class mail or e-mail.
(7) A link to advertisements and public notices published on a publicly accessible website shall
be conspicuously placed:
(a) On the website's homepage or on a page accessible through a direct link from the
homepage.
(b) On the homepage of the website of each governmental agency publishing notices on the
publicly accessible website or on a page accessible through a direct link from the homepage.
(8) A governmental agency that has a governmental access channel authorized under
s. 610.109 may also include on its governmental access channel a summary of all advertisements
and public notices that are published on a publicly accessible website.
(9) A public bid advertisement made by a govemmental agency on a publicly accessible website
must include a method to accept electronic bids.
Currently, all required public notices are published in the Neighbors section of the Miami Herald
on Sundays, which is the most cost-effective way of publishing for Miami Beach. Until several
years ago, there was also a Neighbors section published on Thursdays, which provided the City
two options for publication of public notices each week. Changing the publication of notices to a
website managed by the County will be much more cost effective, as well as provide needed
flexibility in the timing for such publications.
Also, as less people are receiving their news (and associated public notices) from printed
newspapers, changing the published notice requirements to a website published by the County
will provide better and more widespread access to such notices compared to a printed
subscription.
PLANNING BOARD REVIEW
On October 29, 2024, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
Page 1085 of 1859
UPDATE
The subject ordinance was approved by the City Commission at First Reading on December 11,
2024, with no changes.
FISCAL IMPACT STATEMENT
No Fiscal Impact
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 11/5/2024.
See BIE at: https llwww miamibeachFl.govlcity-hall/city-clerkhneetinq-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the City Commission adopt the ordinance.
Applicable Area
Citywide
Is this a "Residents Right to Know" item. Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481
includes a principal engaged in lobbying? No
If so. specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsorls)
Commissioner David Suarez
Co-sponsors)
Condensed Title
9 45 a . 2nd Rog. Notice Requirements for Land Use Boards. (Suarez) PL 5,7
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