14South Miami
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department V'
Date: February 15, 2011 ITEM No.
Subject:
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
the Land Development Code in order to set forth that the Planning and Zoning Director is the
responsible City Administrator to make final interpretations of regulations contained in the Land
Development Code and establishing an appeal procedure, by amending Section 20 -1.9 entitled
"Interpretation" providing for severability; providing for ordinances in conflict; and providing an
effective date.
BACKGROUND
The Planning and Zoning Department was advised by the City Manager and the City Attorney that it is
necessary to modify the Land Development Code to clarify who is responsible for interpretation of
provisions in the Code. In recent months an interpretation of an LDC provision made by the Planning and
Zoning Director was brought to the attention of the City Manager and City Attorney by an outside party
seeking to have the Director's decision or interpretation overturned. It was determined that the Code was
not sufficiently clear to spell out who was the responsible decision maker.
CURRENT LDC REGULATIONS
The only Land Development Code provision related to interpretation is spelled out in Section 20 -1.9 as
follows:
"20 -1.9 Interpretation.
(A) Ordinary Meaning. Words shall be given their ordinary and common meaning, and where
a word or words may be interpreted in more than one manner, the more restrictive meaning shall apply.
(B) Invalid Interpretation. No verbal or written communications by staff in the interpretation
of the provisions of this Code shall be considered binding on the City if such communications are
subsequently found to be invalid or incorrect by the City administration or City Commission. "
It is important to note that the Land Development Code Section 20- 6.1(A) establishes that the City
Commission shall "Make final judgment on appeals of administrative decisions."
PROPOSED LDC AMENDMENT
It is very common in zoning to specify that the Director of Planning and Zoning is the responsible
individual to interpret the provisions of the Land Development Code. The City of Coral Gables provides a
very elaborate and formal process to appeal an interpretation or decision by City staff including public
hearings by a Board of Adjustment and City Commission. In order to clarify the responsible administrator
for interpretation of Land Development Code regulations and set forth a simple appeal process, the
following two amendments (B) and (C) were proposed to the Planning Board:
"Section 20-1.9 Interpretation.
(A) Ordinary Meaning. Words shall be given their ordinary and common meaning, and where a
word or words may be interpreted in more than one manner, the more restrictive meaning shall apply.
(B) The interpretation of any provision in this Code and the application of regulations
contained in this Code to any property shall be the responsibility of the Planning and Zoning Director.
(C) An aggrieved property owner, whose property or development activity is sublect to an
interpretation of this Code by the Planning and Zoning Director and who feels that the order,
requirement, decision or interpretation is in error may appeal to the City Commission to reverse, uphold
or modify the interpretation.
=(G=)_LD) Invalid Interpretation. No verbal or written communications by staff in the interpretation of
the provisions of this Code shall be considered binding on the City if such communications are
subsequently found to be invalid or incorrect by the City administration or City Commission. "
PLANNING BOARD RECOMMENDATION
The Planning Board at its meeting on January 25, 2011 conducted a public hearing and adopted a motion
by a vote of 6 ayes 1 nay (Mr. Morton) recommending denial of the proposed amendment.
ADMINISTRATION RECOMMENDATION
The Administration recognizes that it is common practice for a municipality's Planning Director to
interpret provisions of the Land Development Code and therefore, notwithstanding the Planning Board's
recommendation, proposed Sec. 20 -1.9 (B) should be adopted. The proposed new provision (C) above is
not required as the City Commission is already tasked with making "...final judgment on appeals of
administrative decisions. "
It is recommended that the attached draft ordinance be adopted on first reading.
Backup Documentation:
Draft ordinance
Planning Board Minutes Excerpt 1 -25 -11
Planning Dept. Staff Report 1 -25 -11
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ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the Land Development Code in order to set forth that the
Planning and Zoning Director is the responsible City Administrator to make final
interpretations of regulations contained in the Land Development Code and by
amending Section 20 -1.9 entitled "Interpretation" providing for severability;
providing for ordinances in conflict; and providing an effective date.
WHEREAS, Section 20 -1.9 entitled "Interpretation" of the South Miami Land
Development Code does not specify which Administrative Official is responsible for
interpreting provisions of the Code; and
WHEREAS, in recent months several outside parties have requested the City
Manager and City Attorney to overturn a decision or interpretation and interpretation of
LDC provisions made by the Planning and Zoning Director; and
WHEREAS, the City Manager and the City Attorney have requested the Planning
and Zoning Department to modify the Land Development Code to clarify who is
responsible for interpretation of provisions in the Code; and
WHEREAS, the Planning and Zoning Department prepared an amendment to the
Land Development Code to include in Section 20 -1.9 that the Planning and Zoning
Director is the responsible party to make interpretations of Land Development Code
provisions and setting forth a special appeal process; and
WHEREAS, the Planning Board at its January 25, 2011 meeting after public
hearing, adopted a motion by a vote of 6 ayes 1 nay recommending that the proposed
amendment be denied; and
WHEREAS, the Administration is supportive of the need to specify that the
Planning and Zoning Director is the responsible party to make interpretations of Land
Development Code provisions; and
WHEREAS, the City Commission desires to accept the recommendation of the
Administration and enact the aforesaid amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -1.9, entitled "Interpretation" is hereby amended as follows:
Section 20-1.9 Interpretation.
(A) Ordinary Meaning. Words shall be given their ordinary and common meaning,
and where a word or words may be interpreted in more than one manner, the more
restrictive meaning shall apply.
(B) The interpretation of any provision in this Code and the application of
regulations contained in this Code to any property shall be the responsibility of the
Planning and Zoning Director.
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=(B=)_LCJ Invalid Interpretation. No verbal or written communications by staff in the
interpretation of the provisions of this Code shall be considered binding on the City if such
communications are subsequently found to be invalid or incorrect by the City
administration or City Commission. "
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1St Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
day of , 2011
APPROVED:
MAYOR
X: \Comm Items\201 1\2-15-1 I\LDC Amend Zoning Interp Ord.doe
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
To: Honorable Chair and
Planning Board Members
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: January 25, 2011
Re: LDC Amendment - Zoning
Code Interpretation
PB -11 -007
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
the Land Development Code in order to set forth that the Planning and Zoning Director is the
responsible City Administrator to make final interpretations of regulations contained in the Land
Development Code and establishing an appeal procedure, by amending Section 20 -1.9 entitled
"Interpretation" providing for severability; providing for ordinances in conflict; and providing an
effective date.
BACKGROUND
The Planning and Zoning Department was advised by the City Manager and the City Attorney to modify
the Land Development Code to clarify who is responsible for interpretation of provisions in the Code. In
recent months an interpretation of an LDC provision made by the Planning and Zoning Director was
brought to the attention of the City Manager and City Attorney by an outside party seeking to have the
Director's decision or interpretation overturned. It was determined that the Code was not sufficiently clear
to spell out who was the responsible decision maker.
CURRENT LDC REGULATIONS
The only Land Development Code provision related to interpretation is spelled out in Section 20 -1.9 as
follows:
"20 -1.9 Interpretation.
(A) Ordinary Meaning. Words shall be given their ordinary and common meaning, and where
a word or words may be interpreted in more than one manner, the more restrictive meaning shall apply.
(B) Invalid Interpretation. No verbal or written communications by staff in the interpretation
of the provisions of this Code shall be considered binding on the City if such communications are
subsequently found to be invalid or incorrect by the City administration or City Commission. "
In addition it is important to note that the Land Development Code Section 20- 6.1(A) establishes that the
City Commission shall "Make final judgment on appeals of administrative decisions. "
Section20 -6.1 Administrative entities.
(A) City Commission.
(2) Powers and duties.
(e) The city commission may:
Amend the provisions of the adopted Comprehensive Plan and this Code;
ii. Change zoning district boundaries;
iii. Authorize home occupational licenses;
iv. Grant variances from the provisions of this Code;
V. Permit the continuation of nonconforming uses;
vi. Authorize special uses; and
vii. Make final judgment on appeals of administrative decisions.
PROPOSED LDC AMENDMENT
It is very common in zoning to specify that the Director of Planning and Zoning is the responsible
individual to interpret the provisions of the Land Development Code. The City of Coral Gables provides a
very elaborate and formal process to appeal an interpretation or decision by City staff including public
hearings by a Board of Adjustment and City Commission. In order to clarify the responsible administrator
for interpretation of Land Development Code regulations and set forth a simple appeal process, the
following two amendments (B) and (C) are proposed:
"Section 20-1.9 Interpretation.
(A) Ordinary Meaning. Words shall be given their ordinary and common meaning, and where a
word or words may be interpreted in more than one manner, the more restrictive meaning shall apply.
(B) The interpretation of any provision in this Code and the application of regulations
contained in this Code to any property shall be the responsibility of the Planning and Zoning Director.
(C) An aggrieved property owner, whose property or development activity is subieet to an
interpretation of this Code by the Planning and Zoning Director and who feels that the order,
requirement decision or interpretation is in error may appeal to the City Commission to reverse uphold
or modify the interpretation.
2
Invalid Interpretation. No verbal or written communications by staff in the interpretation of
the provisions of this Code shall be considered binding on the City if such communications are
subsequently found to be invalid or incorrect by the City administration or City Commission. "
RECOMMENDATION
It is recommended that the amendments as set forth above be approved.
Backup (Documentation:
Public Notices
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