Ord. No. 01-87-1273♦.
ORDINANCE NO.1-87-1273
AN ORDINANCE OFTHECITYOFSOUTHMIAMI,FLORIDA,
EXEMPTING CITY INITIATED COMPREHENSIVE LAND USE PLANS,
PLAN AMENDMENTS AND LAND.DEVELOPMENT OR ZONING REGULATIONS
WHICH IMPLEMENT ADOPTED PLANS OR AMENDMENTS FROM THE
PUBLICHEARING NOTICE REQUIREMENTS OFSECTION 12-3-4
OF ARTICLE XIIOFTHEZONINGCODEOFTHECITY;
AMENDING SECTION 12-3-4TO REFLECT SUCH EXEMPTION AND
ADOPTING PROVISIONSOFSECTION163.3184,FLORIDA
STATUTES,REGARDINGPUBLICHEARINGSANDNOTICE;
PROVIDING SEVERABILITY;PROVIDINGFORINCLUSIONINTO
THECITY'SZONING ORDINANCE;PROVIDINGALLORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH BE REPEALED
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the State of Florida,through Chapter 163,Florida Statutes,has
required all local governments to implement a Comprehensive Land Use Plan,Plan
Amendments and Land Development or Zoning Regulations to implement adopted Plans
or Amendments as a means of coordinating the development of communities in the
State;and
WHEREAS,Chapter 163,Florida Statutes,andasthesamemaybe implemented
by rules of the State,Department of Community Affairs,both have requirements
which may either directly or indirectly conflict or cause tension with certain
administrative provisions of the City's Zoning Code,in particular Section 12-3-4
of Article XII of the Zoning Cede of the City;and
WHEREAS,in order for the City of South Miami,Florida,to prepare and submit
the Comprehensive Land Use Plan required by August 1st,1988,and in order for the
City to initiate Plan Amendments and Land Development or Zoning
Regulations without conflict or tension with the Administrative Procedures
established by Section 12-3-4 of Article XII of the Zoning
Code,the Mayor and rity Commission find that it isin the public interest to
exempt these required matters from the scope of the enumerated Zoning Code
Sections.
NOW,THEREFORE,BEIT OftDAINED BYTHEMAYORANDTHECITYCOMMISSIONOFTHE
CITYOF SOUTH MIAMI,FLORIDA:
Section 1.That Section 12-3-4 of Article XII oftheZoning Code is
hereby amended as follows:
12-3-4PublicHearingsandNotices
(a)As a courtesy to the public,a Public Hearing shall be
held on applications for all matters upon which a
recommendation of the Planning Board is required
pursuant to Section 12-3 of this Ordinance.
Notification of such Public Hearings shall bemade
not less than fourteen (14)days prior to any meeting
as follows:
1)City Hall Posting
2)Notice by mail to property owners within 300'
3)Posting notice of hearing on property.
(b)Notwithstanding anything to the contrary contained in
(a)above,all City initiated Comprehensive Land Use
Plans,PlanAmendmentsandLand Development orZoning
Regulations shall followthepublichearingnotice
requirements ofSection163.3184,Florida Statutes,
(1985),and as said Section may be amended.
Section 2.It is the intention of the City Commission that the provisions
of this Ordinance shall become and be made part of the South Miami Zoning Code.
Section 3.Ifany Section,clause,sentence or phrase of this Ordinance
is held to be invalid or unconstitutional by any court of competent jurisdiction,
such holding shall in no way effect the validity of the remaining portions of this
ordinance.
Section 4.All ordinances or parts of ordinances inconflict herewith be
andthe same are hereby repealed.
Section 5.This Ordinance shall take effect immediately at the time of
its passage.
PASSED AND ADOPTED this 7th day of April ,1987.
APPROVED:
READ AND APPROVED AS TO FORM:
*yj
CITY ATTORNEY
Passed on First Reading:3/17/87
Passed on Second Reading:4/07/87
Public Hearing :4/07/87
•'Underlining denotes change
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