93-2879 Ordinance
ORDINANCE NO.
93-2879
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665, AMENDING SECTION 16,
ENTITLED "BOARD OF ADJUSTMENT" , AMENDING
SUBSECTION 16-7 BY PROVIDING THAT THE BOARD OF
ADJUSTMENT SHALL SERVE AS THE FLOOD PLAIN
MANAGEMENT BOARD AND SHALL EXERCISE ALL POWERS
AND PERFORM ALL DUTIES ASSIGNED TO SAID BOARD;
PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission wishes to designate the Board of
Adjustment as the City's Flood Plain Management Board which is
authorized to hear appeals from decisions of the Building Official
regarding the Flood Plain Management Ordinance and requests for
variances from that Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
AMENDMENT OF SUBSECTION 16-7.
That Subsection 16-7 of section 16, entitled "Board of
Adjustment" of city of Miami Beach Comprehensive zoning Ordinance
No. 89-2665 is hereby amended as follows:
16-7 POWERS AND DUTIES
A. The Board of Adjustment shall have the following
powers and duties with reaard to Zonina Ordinance
89-2665:
1. To hear and decide appeals when it is alleged
that there is error in any order, requirement,
decision,
or determination made by
an
administrative official in the enforcement of
this ordinance with the exception of appeals
pursuant to section 17-4,G and 18-2,1.1. In
the event of an Administrative Appeal to the
Board of Adjustment, the Planning and zoning
Director may engage the services of an
attorney for the purpose of representing the
.'
Administrative Officer who made the decision
that is the subject of the appeal.
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*
*
B. Fees - The below fee schedule is established for
the purpose of defraying expenses of public
notices, postage, printing, determining the impact
of the request and other administrative Costs in
connection with Variance requests pertaining to
this Ordinance; when it is alleged there is an
error in any administrative order, requirement
decision,
or
determination
made
by
an
administrative official in connection with this
Ordinance; or a request for the Board to clarify a
condition, finding, or amend a decision.
1.
Variances.
Appeals
from
Administrative
Decisions and signs:
a.
single-Family
Residences
$125 filing fee plus
$65 for each
individual Variance
requested.
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~ To serve as the City's Flood Plain Manaqement Board
and to exercise all powers and perform all duties
assiqned to said Board pursuant to Ordinance No.
92-2822 and Resolution No. 93-20698. and in
accordance with the procedures set forth therein as
same may be amended from time to time.
SECTION 2.
REPEALER.
All ordinances or parts of ordinances in conflict herewith be
~ and the same are hereby repealed.
SECTION 3.
SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affect~d by
such invalidity.
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SECTION 4.
EFFECTIVE DATE.
This Ordinance shall take effect on the
October
, 1993.
PASSED and ADOPTED this
ATTEST:
~'z.~~^-
CITY CLERK
1st reading 10/6/93
2nd reading 10/20/93
S~S:scf:disk3\amend-16.ord
30th
day of
, 1993.
FORM APPROVED
LEGAL DEPT.
By
."3' c.. \)
Date
~.- 21,l{3
3
CITY OF
MIAMI
f3EACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7D1D
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 672..-G) 3
TO:
Mayor Seymour Gelber and
Members of the City Commission
C)
DATE:
October 20, 1993
\
\
FROM:
Roger M. Carlton
City Manager
SUBJECT:
AMENDMENT TO ZONING ORDINANCE NO. 89-2665 EMPOWERING THE
BOARD OF ADJUSTMENT TO SERVE AS THE CITY'S FLOOD PLAIN
MANAGEMENT BOARD - SECOND READING
ADMINISTRATION RECOMMENDATION
The City Administration recommends that the City Commission, upon holding a public hearing
and due consideration, adopt on second reading the proposed amendment to Zoning Ordinance
89-2665 empowering the Board of Adjustment as the City's Flood Plain Management Board.
BACKGROUND
The City Administration is requesting an amendment to Section 16 (Board of Adjustment) of
Zoning Ordinance No. 89-2665. Specifically, the amendment would designate the Board of
Adjustment as the City's Flood Plain Management Board which is authorized to hear appeals
from decisions of the Building Official regarding the Flood Plain Management Ordinance and
requests for variances from that Ordinance.
The Planning Board, at its meeting of August 3, 1993, voted 6-0 to recommend approval of the
proposed amending Ordinance. The City Commission, at its meeting of October 6, 1993, voted
6-0 to adopt on first reading, said Ordinance.
ANALYSIS
In the past, only Dade County had the authorization to grant a variance from flood plain
regulations or to overturn the decision of a local building official with regard to flood plain
criteria. Recently, that authority was delegated to local municipalities. On December 2, 1992,
the Miami Beach City Commission adopted Ordinance No. 92-2822 which established flood
plain regulations and provided for variances from those regulations and appeals from decisions
of the Building Official's interpretation of those regulations. The Ordinance provided for the
e.stablishment of a Flood Plain Management Board to hear the requests for variances and
appeals.
On January 20,1993, the City Commission passed Resolution No. 93-20698 which created the
City's Flood Plain Management Board and required that the Board consist of five (5) voting
members; an architect, engineer and three (3) members each from a different one of the
following categories: law, real estate development, general business and/or a property owner.
The members were required to be Miami Beach residents or have their principal places of
business in Miami Beach. The City's Building Official was to be an ex-officio member of the
Board.
Although members of the Board were appointed, there have as yet been no appeals or variance
requests to be heard.
At the time the Board was appointed, there was some feeling on the part of the City
Commission that the Board of Adjustment could serve as the Flood Plain Management Board;
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AGENDA
ITEM
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DATE
however, since this required a lengthy Zoning Ordinance amendment process and FEMA
required that the City appoint its Board immediately, it was decided to appoint the current
Board and to consider such an amendment to the Zoning Ordinance at a later date. The
Ordinance before you today is that amendment.
CONCLUSION
Since the Board of Adjustment already acts in a similar capacity when it hears requests for
variances, appeals of Administrative decisions and also hears appeals as the Property
Maintenance Appeals Board, the Administration has concluded that an added function serving
as the Flood Plain Management Board would be both logical and appropriate. Accordingly, we
are recommending approval of the amendment to Zoning Ordinance No. 89-2665.
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