1966-541ORDINANCE NO. 541
ORDINANCE OF CITY OF SCUTH MIAMI, - FLORIDA,
AMENDING ARTICLE 5, CHAPTER 20 OF THE CODE
OF ORDINANCES, CITY OF SOUTH MIAMI, FLORIDA;
r.
THEREBY ABOLISHING :PLANNING AND "ZONING'BOARD
OF THE CITY, CREATING A PLANNING BOARD, ESTAB-
LISHING POWERS, DUTIES AND COMPOSITION THEREOF;
PROVIDING PROCEDURE FOR AMENDING AND CHANGING
THE ZONING REGULATIONS, RESTRICTIONS AND.USE.
DISTRICT BOUNDARIES; PROVIDING LIMITATIONS AND
RESTRICTIONS IN CONNECTION THEREWITH; PROVIDING
FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has 'considered the amending of
the zoning procedures of -the City'iri certain "particulars in-
cludiii'g' the establishment of a. Pla`rinTng Board and abolishing
the Planning and Zoning`Board of the City, and
WHEREAS, the Planning Arid Zoning Board' "`of the City duly
held a puba`lic` hearing fi reference to the proposed amendments
and thereafter made a recommendation to the Council, and
i►ig'
WHEREAS, he advertised
asherei naffer s
public tiea'r-
et forth
are condudive`to the best development-of the City as well as
proper zoning, and-
WHEREAS, Chapter 176 `' of the Florida Statites provides the
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authority °for the City Council'to enact and amend "from time to
time zoning procedures for the City;
NOW, THEREFORE, BE "IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF CITY OF SOUTH MIAMI, FLORIDA:
1 That the Planning and Zoning Board of the City hereto-
fore created by Ordinance 171 and amended by Ordinance 397, is
hereby abolished, r}
2. A Plainirig "Board is hereby created with the powers as
hereinafter set forth.
3. Article 5 of Chapter 20 of the Code of Ordinances of
the City 'of "South Miami, Florida, comprised of Section 20 -47
through 20 -59 are hereby repealed And 1made of'no'force and
effect. That said article and sections'be reserved for future
codification.
4. A Planning Board is hereby created with the powers and
duties as hereinafter set forth and`Chapter 20 of the Code of
Ordinances'of the City of`SOuth Miami, Florida, is hereby amended
by including therein an article to be numbered as Article 5.1.
Said Article 5.1 to read as follows:
ORDINANCE NO. 541 (continued)
ARTICLE 5.1. PLANNING BOARD
Section 20 -58. A Planning Board is hereby created
and established consisting of a Chairman and six
members appointed by the Mayor with the approval of
the Council. Effective October 1, 1966, appointments
shall be made as follows:
3 members to serve until April 1, 1967
.i1 _, mamharg to - ,Arl7P until April 1, 1968
A chairman to serve until April 1, 1967
On April 1, 1967, a6d on April 1st of each succeed -
ing odd numbered year:, a Cha "ir' tha11 be appointed
to serve for a term of two years. Starting April l-,
1967, three members, shall be appointed each year for
a two `year term. The Chairman and 'members shall be
residents of the City for the term of their office.
If for any r'eas6h an appointment "should not be made
by the required date, the in will continue to
serve until his successor If"' been 'a'ppoirated. In the
event 'of the death or resignation of a member or his
failure to attend any meeting 'or a period of sixty
(60) days or the termination of his residency within
the City, a successor shall be appointed by the Mayor
with the approval of the Council to fill the unexpired
term.
The Board shall adopt rules 'for the governing "of °the
conduct of its aff airs ' not inconsistent with any of
the provisions ' of -tire City Code and Charter. The
.Chairman or in-hs absence, the acting chairman °shall
preside at the meetings. Meeting -of the Board shall
be held
at the call of the Chairman or 'of a quorum of
the Board and at such time as the Ci y Council may
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designate from time to time by resolution. - -The Board
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shall keep minutes of its proceedings showin.. .E g the ' "vote
of each member upon each que'stion`or if absent or fail"
ing to vote indicatih4 'such ''fact` -and shall keep records
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of its action all or which shall "be immediately filed
in the office of the City Clerk and shall be a public
record.
Section 20 -59'
A. The Planning Board shall act only as a recommending
or adv s`ory` body and its recommendations sh-11 be sub
ject to the final action of the City Council.
B. The Planning Board shall have the following
jurisdiction and powers:
1. To make surveys, from tithe to time, of
the City and'to make recommendations to the
Council concerning changes to be made in the
zoning ordinances of the City.
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ORDINANCE NO. 541 (continued)
2. To consider applications for change in
the use requirements established in any
district by any zoning ordinance, and to make
findings and recommendations to the City
Council.
3. To receive and approve all new subdivision
plats before submission to the City Council.
4. rTo, after publi, hearing, made recommenda-
tions to the City Council of proposed changes
in the various use districts, zoi5ing regula-
tions, or restrictions. Said recommendations
to be.- forwarded to the City Council no--later
than Thursday noon preceeding the next regularly
scheduled Council meeting. In the event a
recommendation is' "not presented to the Council
within such time, it shall be'presumed,:'hat such
failure`-to make a recommendation cons "ttutes
approval of the proposal pending.
South'Miami pFlorida, is hereby' amended by of the City of
5 Chapter 20� of the Code of O
`�, _y amended }by adding thereto an
article to be designated Article "5.2 consis'fkh 'of Section 20 -60
through 20 -62. Said Article 5.2 to read as` follows:
ARTICLE 5.2 AMEN6AENTS AND CIHANGES
Section time, amend60supplementy chancelorarefral time to -
i
g' pe a zoning
regulations, restrictions or use district boundaries
of the City. however, no such regulations, restric-
t on'or boundary "change shall become`dffective until
After a public hearing'in relaticb thereto. At least
fifteen (15) days ' n6t -ide-of the time Arid place Of-such
hearing shall be `` ublished "'in a "news a"p r of
g p p pe general
circulation 'in � "sh -ii' d municipality. No 'change 'in the
various use district, zoning regulations 'or `restr'c-
tions shall be adopted by the Council until After the
public hearing thereon by the Planniiig'Board.
Section '20 -61. In case o protest against such change
signed by owners of twenty '(200 'percent `or more either
of the area of the lots included "in such proposed change,
or those immediately aalacent`in the rear thereof extend-
ing five hundred (500) feet therefrom, or of those direct-
ly opposite thereto extending five huridred`(500) feet
from the street 'frontage ' of such'opposfte lots, such
amendments shall not become effective except 'by the favor-
able vote of three - fourths (3/4) of the City Council.
Section 20 ='62. All requests for a district boundary
change, change 'in the zoning regulations, special excep-
tions or unusual usage, new uses and variances shall be
made by filing an application therefor on the applica-
tion form prescribed by the City. Upon the withdrawal
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ORDINANCE NO. 541 (continued)
or final denial of the application in whole or in part
for either a district boundary change, a new variance,
a use special exception, an unusual use or a new use,
a period of one year must run prior to the filing of a
subsequent application for any of the above types of
use changes affecting the same property or any portion
thereof, and upon the withdrawal of final denial of an
application in whole or in part for a non -use variance
or a non -use special exception, period of six months
must run prior to the filing of a subsequent applica-
tion 'for either one of the aforementioned non =use
changes affecting the same property or any portion there-
of, unless however, .the decision - -of the Coulndkl - taking
final action is without prejudice or, permits the with-
drawal without prejudice; provided, that such periods
of such limitations`shall not commence to run until the
final decision has been rendered; provided, further,
that such limitations shall not apply to applications
filed'by the City. An application may be withdrawn w"ith-
out
provided, the re uestaforlwithdrawalmistin of right;
P 7 Y
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provided, q writing and
filed with the Cityrprior''to the mailing of courtesy
notices I adver`tis n ` § o
g �'or the <�post °ing 'of signs . Other-
wise, all such requests for withdrawals shall be with
prejudice, save and except that the Council``mdy permit
withdrawals without prejudice�at the time the matter is
d nsidered"`by them; provided, further, no application
may be withdrawn after final action has been taken.
Sect o 20'&O_. Additions`, changes or amendmdA's" "to the
zoning regulations or restrictions 'shall be made only
by ordinance except 'the changes in"'the zone boundaries
or in required minimum floor space as indicated on the
zo "nng map be made by resolution.
6. The following changes are hereby made to Code of
Ordinances of City of South Miami, Florida:
Section 20 :2. Paragraph 25, tin words "Pl"annirig and
Zoning Board" be stricken and the word "Council"
substituted therefore.
Section 20 -2. Paragraph 28, the words "by Planning
and Zoning Board and" be stricken.
Sectk6hj20g -4. Subparagraph 1 the words "Planning
and Zonin" Board be stricken and the word "Council"
substituted therefore.
Section 20 -5. Paragraph 2, subparagraphs (a), (b),
and (c), the words "Planning and Zoning Board" be
stricken and the word "Council" be substituted
therefore.
Section 20 -5. Paragraph 4, the words "Planning and
Zoning Board" be stricken and the word "Council" be
substituted therefore.
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ORDINANCE NO. 541 (continued)
Section 20 -12. The words "Planning and Zoning Board"
be stricken and the words "Planning Board" be sub-
_ stituted therefore.
Section 20 -16. The words "the Planning and Zoning
Board or" be stricken.
Section 20 -18. The words "the Planning and Zoning
Board" be stricken and the words "Planning Board" be
substituted therefore.
Section-- 20-45. Paragraph 3, subparagraph '(A) the
words - "to the Planning and Zoning Board for hearing
awd reconmendatioii" be "stricken'.
7. All matters pending before the Planning and Zoning Board
on the effective date of this ordinance shall be automatically
transferred to the Plannkfi "g'Board created hereunder. -
8. In the event that any portion of this ordiance shall
be held to be void, unconstitutional "or of `rno `effect by a Court
tent jurisdiction such hold`
pe j ing sha
of compete in no wise effect
or disturb the remaining portions of this ordinance.
9. All ordinances or parts of ordinance in cdnflict'or
inconsistence herewith are hereby repealed insofar as there is
conflict.
10. This ordinance shall be come 'effective October 1, 1966.
PASSED AND ADOPTED this 16th day of August, A.D. 1966.
APPROVED:
- Mayor
ATTEST:
i
i City Cfterk
k,