1964-508• v
1
ORDINANCE NO. 508
ORDINANCE OF CITY OF SOUTH MIAMI, FLORIDA,
il&IENDING CODE`OF ORDINANCES BY ADDING THERE-
TO A SECTION TO BE DESIGNATED 20 -56, THEREBY
EST;LLIBii:G 1�U^VI. ^.VD ::c,a'�v PL.^.IOD FOR
RE- APPLYING FOR ZONING CHANGE OR USAGE WHEN
APPLICATION DENIrD; EXCEPTIONS THERETO;
PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF CITY
OF SOUTH MIAMI, FLORIDA:
1. That the Code of Ordinances of City of South Miami,
Florida, -is hereby amended by adding thereto a`Section'to be
designated Section 20 -56, said Section 20 -56 to read as follows:
Section 20 -56. All requests for a district"boundary
chan5e, change in the :boning regulations, appeals of
administr' "ative `decisions, special exceptions or unusual
usage, new 11 ses avid va`riance's- shall be made by tiling
an appli`catioii` `therefor on the application forin'pre-
sckl'bed.)iy'the City. Upon the withdrawal or final denial
of the application'` whole -or in Apart, for either a
r
distridt`b'oun-dary change, a use variance, a use special
exception,' an unusual use or a new use, a period of "one
year must run- pribr'to the filing of a, subsequent appli-
cation'for any of the above -types,of use changes affect -
the same'` property or "any - port1011 thereof, an"d upon
the wiiAHdrawal of '11a finl denial of an appl117 pion 'rh whole
or in.part` for a non =use variance or a non =use special
exception, a ekibd o'f six months must run prior to the
filing of "a'subsequent application` for either "one of the
oroanmentYtion thereof,cuhnless howeberngehhe same property
y po a decision of
the Council tak n" • fin
g al action is without prejudice or
permits i hey withdrawal without prejudice; provided, that
such 'periods of limitations shall not commence to run
until the final decision `'has been reridere'd; provided,
further, that such'limi'tat.ions shall` -nom apply "to appli-
cations filed by the City. An appl'icatlon may he with-
draw n without prejudice by the applicant as a matter of
right; provided, the request for withdrawal is in writing
and filed with 'the City prior to the mailing of courtesy
notices, advertising or the`posting';f s'irns. Otherwise,
all such requests for withdrawal shall be with "pre`judice,
save and except that the Council may permit withdrawals
without prejudice'at the time the matter is considered
by them; provided, further, no application may be with-
drawn after final action has been taken.
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ORDINANCE NO. 508 (continued)
Provided, however, that ti,.e above ir►poseCt time
lirttiLaLion snail i& - Ot ue applicable to bonafide
purchasers for value, nor shall the time limita-
tions beapplicable when a subsequent application
4.
is filed' 'for a zoning chancje less liberal than
the precedinq- application. -(- :e.- denial of an
applkcation for C-2 zoning shall not preclude a
subsequent application for -C -1, RU-5, RU-4, etc.
zoning within the time limitati1 on.)"
2. Each of the 'provisions of this ordinance are severable
and if any section, paragraph, sentence or word-be declared
for any reason'to be invalid, the remaining provisions shall
not be affected, but shall remain in full'force and effect.
3. This be&JA!"ce shall become effective upon its
adoption.
PASSED AND ADOPTED Lf�is 2 f h `day of July, A.D. 1964.
0
Presfding Officer, City Council
ATTUT:
City Clerk —�
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