R5C-Notice Requirements For Continuances-Land Use Boards -Wolfson-COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending The Land
Development Regulations By Amending Chapter 118, Article II, "Boards," to clarify that continuances shall be noticed
by mail and newspaper after the first continuance granted by a Land Use Board.
Key Intended Outcome Supported:
Maintain Strong Development Management Policies
Supporting Data (Surveys, Environmental Scan, etc.):
48% residents rate the effort to regulate development in the City as about the right amount
Issue:
Should the City Commission amend the Land Development Regulations of the City Code clarifying that continuances
shall be noticed b mail after the first continuance ranted b a Land Use Board?
Item Summary/Recommendation:
Second Reading Public Hearing
The City Code requires notice to be given of public hearings for the City's four Land Use Boards. These notice
requirements were amended to 30 days. Public hearings are noticed by newspaper and mailed notice to surrounding
property owners within 375 feet of the subject property. Generally, subsequent hearings are not the subject of Code
required legal notice, as they were notified of the initial hearing and could presumably follow the progress of
subsequent continuances or deferrals. Planning Department staff has in the past generally advertised the continued
items along with new public hearings in the monthly newspaper notice. Mailed notices have also been sent out in
some cases as a courtesy notice, but not to fulfill legal requirements. However, now that the required legal notice has
been extended to 30 days, staff is required to advertise the following month's hearing prior to the current month's
hearing taking place, precluding the ability to include in the notice any items that were continued. The 30-day notice
requirement for all land use board applications has broadened the timeframe for noticing upcoming public hearings,
thereby increasing community awareness and the ability to respond to potential concerns. However, this longer
timeframe for board applications has the potential to become burdensome to applicants with special hardships. At its
January 11, 2012 meeting, the City Commission approved the proposed ordinance on first reading, but modified it so
that the notice for continuances after the first one granted by a LUB would be mailed within 21 days rather than 30
and also noticed in the newspaper 15 days before the meeting. This would allow for continuances to the following
month's meeting for almost every month, with a few exceptions.
The Administration recommends that the City Commission adopt the proposed Ordinance as amended (with a 21-day
mailed notice and 15 day newspaper notice) upon second readin~:~ public hearing. ·
Advisory Board Recommendation:
At the Planning Board meeting of September 20, by a vote of 4-3, the Board recommended that the City Commission
not adopt the ordinance. Several reasons were cited, among them stating that the ordinance was burdensome and
costly and it would add unnecessary expense to an applicant.
Financial Information:
Source of Amount Account
Funds: 1
D 2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the
long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the
City Administration evaluated the long-term economic impact (at least 5 years) of this proposed
legislative action, and has estimated that there will be a measurable impact on the City's budget by
enacting the proposed ordinance of approximately $2,000 per year.
City Clerk's Office Legislative Tracking:
Richard Lorber I Mercy Lamazares
Si n-Offs:
MIAMI BEACH 235
AGENDA ITEM _RL.\..· ...:.5"-:-C..---:-:--
DATE tt-11-1 L
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Mef!lbers of the City Commission
Jorge M. Gonzalez, City Manager~~
April11, 2012 U
SECOND READING PUBLIC HEARING
SUBJECT: NOTICING REQUIREMENTS FOR CONTINUANCES BY LAND USE
BOARDS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118,
"ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE II, "BOARDS,"
DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118-134, "NOTIFICATION
OF HEARINGS;" ARTICLE IV, "CONDITIONAL USE PROCEDURE," SECTION
118-193 "APPLICATIONS FOR CONDITIONAL USES"; ARTICLE VI, "DESIGN
REVIEW PROCEDURES;" ARTICLE X, "HISTORIC PRESERVATION;" AND
ARTICLE XI "NEIGHBORHOOD CONSERVATION DISTRICTS {NCO} ;" TO
CLARIFY THAT CONTINUANCES SHALL BE NOTICED BY MAIL AND
NEWSPAPER AFTER THE FIRST CONTINUANCE GRANTED BY A LAND USE
BOARD; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed Ordinance as
amended (with a 21-day mailed notice and 15 day newspaper notice) upon second reading
public hearing.
BACKGROUND
A discussion of the notice requirements for all Land Use Boards, (specifically, the
requirement to send follow-up notices to residents after an initial meeting), was referred to
the Land Use and Development Committee by the City Commission on January 19, 2011, at
the request of Commissioner Wolfson.
This referral was made due to concerns that when land use board hearings are repeatedly
deferred or continued, and when they finally occur, the public is unaware of the hearing and
final outcome. Land use boards will often direct additional noticing by mail to be undertaken
when an item is continued repeatedly. However, typically, when an item is opened and
continued to a date certain, it is not re-noticed.
The Committee discussed an amendment allowing one continuance without re-noticing, and
then after that requiring full notice for any additional continuances. Staff also discussed the
costs associated with additional newspaper advertising, citing an extra ad every month may
be required.
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Commission Memorandum
Ordinance -Noticing Requirements for Continuances Page 2of 4
On April 21, 2011, the LUDC requested, through a motion made by Commissioner G6ngora
and seconded by Commissioner Exp6sito (approved by a 3-0 vote), that an ordinance be
prepared and forwarded to the Planning Board for review and comment wherein one
continuance may be permitted without mail notice, but further requests for continuance shall
be fully noticed by mail.
The Committee also requested that any alternatives recommended by the Board should be
presented to the Land Use Committee prior to Commission.
ANALYSIS
The City Code requires notice to be given of public hearings for the City's four Land Use
Boards. These notice requirements were recently amended to extend them from 15 days to
30 days (see attached ordinance). Public hearings are noticed by newspaper and mailed
notice to surrounding property owners within 375 feet of the subject property. However, as
many things may come up at the public hearing, sometimes a Board will continue a matter
for one or more months. Generally, these subsequent hearings are not the subject of Code
required legal notice, as they were notified of the initial hearing and could presumably follow
the progress of subsequent continuances or deferrals.
Planning Department staff has in the past generally advertised the continued items along
with new public hearings in the monthly newspaper notice. Mailed notices have also been
sent out in some cases as a courtesy notice, but not to fulfill legal requirements. However,
now that the required legal notice has been extended to 30 days, staff is required to
advertise the following month's hearing prior to the current month's hearing taking place,
precluding the ability to include in the notice any items that were continued.
In the case where an ordinance that is applicable citywide is referred by the City
Commission, as a City-sponsored amendment, the ordinance title is published in the
newspaper at the same time that other items are published for a regular Planning Board
meeting. When the ordinance is continued by the Planning Board, it is usually continued for
two months because lack of time to publish in the newspaper, following the new 30-day
notice requirement. This, of course, imparts a certain cost that is not recoverable by the City,
as the City is the applicant.
The 30-day notice requirement for all land use board applications has broadened the
timeframe for noticing upcoming public hearings, thereby increasing community awareness
and the ability to respond to potential concerns. However, this longer timeframe for board
applications does have the potential to become burdensome to applicants with special
hardships. For instance, if a building permit plan review finds that a minor variance is
necessary for approval, the ability to obtain such a variance quickly may be reduced.
One approach, which was referred by Commissioner Tobin and will be the subject of a future
discussion, might be to reduce the notice requirement for a selected list of variances,
perhaps limited to single family homeowners, which might include minor variances for things
such as swimming pools and decks, air conditioning units and generators, or small additions,
while still requiring the full thirty (30) day notice for major projects. The goal would be to find
the proper balance between enhancing adjacent property owner and/or neighborhood
notification on the one hand, and improving efficiency and streamlining governmental
procedures on the other. Staff is working on a list of minor variances for which the required
notice could potentially be reduced, as per a previous committee referral.
Another alternative put forward by staff to the LUDC was that if re-noticing was desired in all
cases, the minimum notice period that would permit enough time for continued cases to be
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Commission Memorandum
Ordinance -Noticing Requirements for Continuances Page 3of4
advertised in the newspaper for the following month's hearing was determined to be twenty-
one days. However, the LUDC discussed and rejected this concept in favor of the subject
ordinance.
PLANNING BOARD ACTION
The proposed ordinance forwarded by the LUDC to the Planning Board was for a 30 day
required mailed and newspaper notice, after the first continuance. The Board reviewed this
proposal at its July 2011 meeting where several issues were raised, i.e.
• Board requests supplemental information or more research;
• Less than a quorum or less than a supermajority number of board members are
present, or the exact minimum number of members required for approval are present
(typically called a short board);
• Request precedes the opening of the item;
• Affected party requests continuance; or
• Applicant requests a continuance.
The ordinance was revised, but only with language clarifying that the agenda items that the
board cannot consider due to the absence of a quorum should be automatically continued to
the board's next regular meeting without further required notice.
At the Planning Board meeting of September 20, 2011 the ordinance was reviewed again
and by a vote of 4-3, the Board recommended that the City Commission not adopt the
ordinance. Several reasons were cited, among them stating that the ordinance was
burdensome and costly and it would add unnecessary expense to an applicant.
REVIEW OF PROPOSED AMENDMENTS BY PLANNING BOARD
While the proposed ordinance addresses noticing requirements for all cases of independent
applications before the four Land Use Boards, the ordinance does not address review of
proposed amendments to the Land Development Regulations by the Planning Board. The
current regulations in Section 118-162(2) specify that the notice requirement for the review of
proposed amendments by the Planning Board "shall be the same as the notice required for
the first public hearing before the City Commission."
In practice, however, the Planning Department provides the same notice for LOR
amendments being reviewed by the Planning Board as for all other applications before the
Land Use Boards, i.e. 30 day notice in the newspaper. As most City ordinances are
legislative and not site-specific, they generally do not require mailings, except in specific
cases. Staff can continue to follow this practice, treating the review of ordinances the same
as independent applications, which would maximize public awareness of these issues.
However, as explained below, it is these cases that may result in a small fiscal impact to the
City. Note also that codifying this procedure would require a separate referral to the
Planning Board as an amendment to this particular section was not advertised.
FISCAL IMPACT
Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term
economic impact (at least 5 years) of proposed legislative actions." Staff has determined that
there may be a small fiscal impact on the City's budget by enacting the proposed ordinance.
The expense associated with the new policy would be for the publication of a second
advertisement in the newspaper, noticing those items that were continued to the next Board
meeting, and for postage for the required mailing. Staff estimates that the cost of the
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Ordinance-Noticing Requirements for Continuances Page 4 of4
required newspaper ad would be somewhere between $200 and $300 per advertisement.
Mailing costs would vary widely depending on the location and the number of properties
within the required radius.
For private applications, these costs will be borne by individual applicants; the ordinance as
proposed states that the cost of the newspaper and mail notification requirement shall be the
responsibility of the applicant.
As described in the section above, advertisements for the Planning Board review of
amendments to the City Code and other City of Miami Beach sponsored items, the
publication of notice in the newspaper will require payment from City funds. Staff has
reviewed the past year's Planning Board agendas, and estimates that as currently proposed,
this provision would have been triggered six times. This would suggest an average fiscal
impact to the City of approximately $1,500 per year. As most City ordinances are legislative
and not site-specific, they generally do not require mailings, except in specific cases. A
rough estimate might be another $500 per year for mailing costs. Therefore, staff estimates
a fiscal impact to the City of approximately $2,000 per year.
CITY COMMISSION ACTION
At the January 11, 2012 meeting, the City Commission approved the proposed ordinance on
first reading, amending it to require a 21-day mailed notice and a 15-day newspaper notice.
At the February 8, 2012, the City Commission continued this item to the March 21, 2012
meeting. At the March 21st meeting, the Commission continued this item to the April 11th
meeting for lack of a quorum to approve changes to the Land Development Regulations of
the City Code.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed Ordinance as
amended (with a 21-day mailed notice and 15 day newspaper notice) upon second reading
public hearing.
Pursuant to Section 118-164(3) when a request to amend the land development regulations
does not change the actual list of permitted, conditional or prohibited uses in a zoning
category, the proposed ordinance may be read by title or in full on at least two separate days
and shall, at least ten days prior to adoption, be noticed once in a newspaper of general
circulation in the city. The notice of proposed enactment shall state the date, time and place
of the meeting; the title or titles of proposed ordinances; and the place or places within the
city where such proposed ordinances may be inspected by the public.
Immediately following the public hearing at the second reading, the city commission may
adopt the ordinance. An affirmative vote of five-sevenths of all members of the city
commission shall be necessary in order to enact any amendment to these land development
regulations.
r'< c...
JMG/JGG/RGUML
T:\AGENDA\2012\4-11-12\Noticing Requirements for Continuances 4-11-2012 memo.docx
239
"CONTINUANCES BY LAND USE BOARDS"
ORDINANCE NO. ______ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 118, "ADMINISTRATIVE AND REVIEW
PROCEDURES," ARTICLE II, "BOARDS," DIVISION 5, "BOARD OF
ADJUSTMENT," SECTION 118-134, "NOTIFICATION OF HEARINGS;"
ARTICLE IV, "CONDITIONAL USE PROCEDURE," SECTION 118-193
"APPLICATIONS FOR CONDITIONAL USES"; ARTICLE VI, "DESIGN
REVIEW PROCEDURES;" ARTICLE X, "HISTORIC PRESERVATION;"
AND ARTICLE XI "NEIGHBORHOOD CONSERVATION DISTRICTS
(NCO);" TO CLARIFY THAT CONTINUANCES SHALL BE NOTICED
BY MAIL AND NEWSPAPER AFTER THE FIRST CONTINUANCE
GRANTED BY A LAND USE BOARD; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the TRAC Committee recommendations make the Land
Development Application and Review Process more transparent and accessible to the
public; and
WHEREAS, an important recommendation of the Committee was to extend the
required mailed and newspaper notice for all four land use boards from 15 days to 30
days minimum; and
WHEREAS, the City Commission adopted an ordinance requiring 30 days mailed
notice on December 8, 2010, Ordinance No. 2010-3711; and
WHEREAS, the Land Use and Development Committee believes that any
continued item before any of the land use boards, either at a board or an applicant
request should also be noticed by mail; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 118, "Administration and Review Procedures," Article II, Boards,
Division 5,"Board of Adjustment," Section 118-134, "Notification of hearings" is hereby
amended as follows:
Sec. 118-134. Notification of hearings.
The board of adjustment shall not vary or modify any regulation or provision of these
land development regulations or hear an appeal of an administrative decision until a
public hearing has been held. 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
(i) posted on the property,
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(ii) advertised in a paper of general paid circulation in the community, and
(iii) given by mail to the owners of record of land lying within 375 feet of the
property. This mailed notification requirement shall be the responsibility
of the applicant. Where · the application is for an appeal of an
administrative decision the preceding information shall be supplemented
by an explanation of what is being appealed.
The board may continue an application to a date certain at either the request of the
applicant or at its own discretion. one time only with notice through a verbal
announcement at the public meeting at the time of the board vote approving the
continuance only one time. All further continuances of the same application shall be
noticed by mail at least 30 .21 days prior to the public hearing date. in accordance with
the provisions of (i) through (iii) above. reposted on the property and noticed in a
newspaper of aeneral paid circulation at least 15 days prior to the public hearina
date. The cost of mail notification and newspaper notice requirement shall be the
responsibility of the applicant. Agenda items that the board cannot consider due to the
absence of a quorum shall be automatically continued to the board's next regular
meeting without further required notice
Section 2. Chapter 118, "Administration and Review Procedures," Article IV,
"Conditional Use Procedure," Sec. 118-193. "Applications for conditional uses" is hereby
amended as follows:
Sec. 118-193. Applications for conditional uses.
* * *
Applications for approval of a conditional use shall be submitted to the planning
department, which shall prepare a report and recommendation for consideration by the
planning board, and when required, by the city commission. Within a reasonable time,
but in no instance less than 30 days after receipt of a completed application, the board
shall hold a public hearing, at which parties in interest and citizens shall have an
opportunity to be heard. 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:
ill. posted on the property,
ffil advertised in a paper of general paid circulation in the community, and
(iii) given by mail to the owners of record of land lying within 375 feet of the
property. This mailed notification requirement shall be the responsibility
of the applicant.
The board may continue an application to a date certain at either the request of the
applicant or at its own discretion. one time only with notice through a verbal
announcement at the public meeting at the time of the board vote approving the
continuance only one time. All further continuances of the same application shall be
noticed by mail at least 30 21 days prior to the public hearing date. in accordance with
the provisions of ffi through (iii) above. reposted on the property and noticed in a
newspaper of general paid circulation at least 15 days prior to the public hearing
date. The cost of mail notification and newspaper notice requirement shall be the
responsibility of the applicant. Agenda items that the board cannot consider due to the
absence of a quorum shall be automatically continued to the board's next regular
meeting without further required notice
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Section 3. Chapter 118, "Administration and Review Procedures," Article VI, "Design
Review Procedures," is hereby amended as follows:
Sec. 118-254. "Decision of design review board"
* * *
(b) 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:
(i) posted on the property,
(ii) advertised in a paper of general paid circulation in the community; and
(iii) given by mail to the owners of record of land lying within 375 feet of
property. The mail notification requirement shall be the responsibility of
the applicant.
Additionally, courtesy notice shall also be given to any state nonprofit community
organization which has requested of the director in writing to be notified of board
hearings.
* * *
Sec. 118-257. Deferrals, continuances, and withdrawals.
(a) An applicant may defer an application before the public hearing only one time.
The request to defer shall be in writing. When an application is deferred, it shall be re-
noticed at the applicant's expense as provided in section 118-254. The applicant shall
also pay a deferral fee as set forth in this article. In the event that the application is not
presented to the design review board for approval at the meeting date for which the
application was deferred, the application shall be deemed null and void. If the application
is deferred by the board, the notice requirements shall be the same as for a new
application as provided in section 118-254, and shall be at the city's expense.
(b) The board may continue an application to a date certain at either the request of
the applicant or at its own discretion, one time only with notice through a verbal
announcement at the public meeting at the time of the board vote approving the
continuance only one time. All further continuances of the same application shall be
noticed by mail at least 30 21 days prior to the public hearing date. in accordance with
the provisions of (i) through and (iii) above section 118-254lblliiil, reposted on the
property and noticed in a newspaper of general paid circulation at least 15 davs
prior to the public hearing date. The cost of mail notification and newspaper notice
requirement shall be the responsibility of the applicant. Agenda items that the board
cannot consider due to the absence of a quorum shall be automatically continued to the
board's next regular meeting without further required notice
Section 4. Chapter 118, "Administration and Review Procedures," Article
X, "Historic Preservation," is hereby amended as follows:
Division 3. Issuance of Certificate of Appropriateness/Certificate to Dig/Certificate of
Appropriateness for Demolition"
* * *
Section 118-563, "Review procedure"
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* * *
(c) All applications for a certificate of appropriateness for the demolition or partial
demolition of any building, structure, improvement, significant landscape feature, public
interior or site individually designated in accordance with sections 118-591, 118-592 and
118-593, or located within an historic district and all applications for a certificate of
appropriateness for new building construction, alteration, rehabilitation, renovation,
restoration or any other physical modification of any building, structure, improvement,
significant landscape feature, public interior or site individually designated in accordance
with sections 118-591, 118-592 and 118-593, or located within an historic district shall
only be considered by the board following a public hearing. At least 30 days prior to the
public hearing date, a description of the request with the date, time and place of such
hearing shall be:
(i) posted on the property,
(ii) advertised in a paper of general paid circulation in the community, and
(iii) given by mail to the owners of record of land lying within 375 feet of the
property. The mail notification requirement shall be the responsibility of
the applicant.
The board may continue an application to a date certain at either the request of the
applicant or at its own discretion. one time only with notice through a verbal
announcement at the public meeting at the time of the board vote approving the
continuance onlv one time. All further continuances of the same application shall be
noticed by mail at least 30 21 days prior to the public hearing date. in accordance with
the provisions of (i) through (iii) above. reposted on the propertv and noticed in a
newspaper of general paid circulation at least 15 davs prior to the public hearing
date. The cost of mail notification and newspaper notice requirement shall be the
responsibility of the applicant. Agenda items that the board cannot consider due to the
absence of a quorum shall be automatically continued to the board's next regular
meeting without further required notice
* * *
Division 4. Designation
Sec. 118-591. Historic designation procedure.
* * *
(f) Public hearing; notification. A public hearing on a proposed historic preservation
designation shall be conducted by the historic preservation board after the date a
designation report has been filed. The property owners of record within 375 feet of the
property proposed for designation shall be notified by mail of the public hearing. and the
hearing shall be noticed in a newspaper of general paid circulation. at least 30
days in advance of the hearing. The cost of this +Rio notification requirement shall be
the responsibility of the applicant.
The board may continue an application to a date certain at either the request of the
applicant or at its own discretion, one time only with notice through a verbal
announcement at the public meeting at the time of the board vote approving the
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continuance onlv one time. All further continuances of the same application shall be
noticed by mail at least 30-21 days prior to the public hearing date as provided above.
in accordance Vlith the provisions of (i) through (iii) above. and noticed in a newspaper
of general paid circulation at least 15 days prior to the public hearing date. The
cost of mail notification and newspaper notice requirement shall be the responsibility
of the applicant. Agenda items that the board cannot consider due to the absence of a
quorum shall be automatically continued to the board's next regular meeting without
further required notice.
(g) Designation procedures initiated by owners of single-family homes in single-
family districts. Notwithstanding the above, the following shall apply to any request by
property owners for the individual designation of their single-family homes as historic
structures:
* * *
(2) Public notice requirements. At least 30 days prior to the public hearing
date for the subject designation, a description of the request with the time and
place of the public hearing, shall be advertised in a paper of general paid
circulation in the community.
The board may continue an application to a date certain at either the request of
the applicant or at its own discretion. one time only with notice through a verbal
announcement at the public meeting at the time of the board vote approving the
continuance only one time. All further continuances of the same application shall
be noticed at least 30 2.1 days prior to the public hearing date. in accordance with
the provisions of (i) through (iii) above. and notiGed in a newspaper of general
paid circulation at least 15 davs prior to the public hearing date. The mail
notification cost of newsoaper notice requirement shall be the responsibility of
the applicant. Agenda items that the board cannot consider due to the absence
of a quorum shall be automatically continued to the board's next regular meeting
without further required notice
Section 5. Chapter 118, "Administration and Review Procedures," Article XI.
"Neighborhood Conservation Districts (NCO)" is hereby amended as follows:
Sec. 118-705. Procedures for adoption of specific NCO overlay districts.
* * *
(b) Preliminary review.
* * *
(2) Notification of the preliminary public hearing shall be advertised in
accordance with section 118-164(2)(b) regardless of acreage and, in addition, all
property owners within the proposed district as well as within a 375-foot radius of
the proposed district shall be notified by individual mail notice with a description
prepared in plain English, and postmarked 30 days in advance of the hearing.
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The board may continue an application to a date certain at either the request of
the applicant or at its own discretion. one time only with notice through a verbal
announcement at the public meeting at the time of the board vote approving the
continuance only one time. All further continuances of the same application shall
be noticed at least 30 21 days prior to the public hearing date. in accordance with
the provisions of (i) through (iii) above. except that they shall be noticed in a
newspaper of general paid circulation at least 15 days prior to the public
hearing date. The cost of mail notification and newspaper notice requirement
shall be the responsibility of the applicant. Agenda items that the board cannot
consider due to the absence of a quorum shall be automatically continued to the
board's next regular meeting without further required notice
* * *
(d) Discussion and recommendations by the design review board.
* * *
(2) Notification of this public meeting shall be advertised in a newspaper of
general circulation 30 days prior to the meeting.
The board may continue an application to a date certain at either the request of
the applicant or at its own discretion. one time only with notice through a verbal
announcement at the public meeting at the time of the board vote approving the
continuance onlv one time. All further continuances of the same application shall
be noticed at least 30 2.1 davs prior to the public hearing date. in accordance with
the provisions of (i) through (iii) above. and noticed in a newspaper of general
paid circulation at least 15 days prior to the public hearing date. The cost
~ mail notification and newspaper notice requirement shall be the responsibility
of the applicant. Agenda items that the board cannot consider due to the
absence of a quorum shall be automatically continued to the board's next regular
meeting without further required notice
(e) Final adoption of NCO overlay districts. Adoption of NCD overlay districts and
accompanying regulations shall be by the same procedures as for amendments to the
Code generally. as set forth in article Ill of chapter 118 of these land development
regulations including planning board review except that regardless of acreage, all
property owners within the proposed district as well as within a 375-foot radius of the
proposed district shall be notified by individual mail notice with a description prepared in
plain English. and postmarked not less than 30 days in advance of the first public
hearing. Each individual NCD overlay district shall be codified in Chapter 142. Article Ill,
Overlay Districts. of the land development regulations of the Code.
The board may continue an application to a date certain at either the request of the
applicant or at its own discretion. one time only with notice through a verbal
announcement at the public meeting at the time of the board vote approving the
continuance only one time. All further continuances of the same application shall be
noticed at least 3Q 21 days prior to the public hearing date. in accordance with the
provisions of (j) through and (iii) above. except that they shall be noticed in a
newspaper of general paid circulation at least 15 days prior to the public hearing
date. The cost of mail notification and newspaper notice requirement shall be the
responsibility of the applicant. Agenda items that the board cannot consider due to the
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absence of a quorum shall be automatically continued to the board's next regular
meeting without further required notice
Section 6. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
Section 7. 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 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. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Section 9. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this __ day of _________ , 2012.
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Verified by: -""""""":""""--::----:----~
Richard G. Lorber, AICP
Acting Planning Director
Underscore denotes new language.
Strikethrough denotes deleted language.
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MAYOR
APPROVED AS TO
RM AND LANGUAGE
& FOR EXECUTION
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