Ord. No. 02-87-1274ORDINANCE NO.2-87-1274
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA,
EXEMPTING CITYINITIATED COMPREHENSIVE LAND USE
PLANS,PLANAMENDMENTSANDLANDDEVELOPMENTOR
ZONING REGULATIONS WHICHIMPLEMENT ADOPTED PLANS
OR AMENDMENTS FROM THE REQUIREMENTS OF SECTIONS
14-1-1,14-1-2,AND 14-1-3 OFARTICLEXIVOFTHE
ZONING CODEOFTHECITYWHICH ESTABLISH PROCEDURES
FORZONING APPLICATIONS;CREATINGSECTION14-1-4OF
ARTICLE XIV TO REFLECT SUCH EXEMPTION;PROVIDING
FOR INCLUSION INTO THE CITY'S ZONING ORDINANCE;
PROVIDINGALLORDINANCESORPARTSOF ORDINANCES IN
CONFLICT HEREWITHBEANDTHESAMEAREHEREBY.
REPEALED ANDPROVIDINGANEFFECTIVEDATE.
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,and as the same may be 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 Sections 14-1-1,
14-1-2,and 14-1-3 of Article XIV of the Zoning Code,styled Procedures;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 Sections 14-1-1,14-1-2 and 14-1-3 of Article XIV of the Zoning
Code,the Mayor and City Commission find that it is in the public interest to
exempt these required matters from the scope of the enumerated Zoning Code
Sections.
,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE
CITYOFSOUTHMIAMI,FLORIDA:
./
Section 1.That there is hereby created anew Section 14-1-4 of
Article XIV ofthe Zoning Code of theCityof South Miami,Florida,to read
as follows:
14-1 PROCEDURES
14-1-1 Applications
All requests for zoning changes,variances,special uses,
non-conforming use continuations andhome occupational
licenses shall be initiated by the filing of an application
with the Building Division.Applications shall be executed
and sworn to by the owners of at least seventy-five (75 %)
percent of the property described in the application,
together with written sworn to consent of the owners of
at least seventy-five (75%)percent of the property
described in the application;or their duly authorized
agents;which agency shall be evidenced by a written power
of attorney properly sworn to,or by any person aggrieved
by an order,requirement,decision or determination of an
administrative official when appealing same.All properties
described in one application must be contingent and
immediately adjacent to one another or accompanied bya
Unity of Title Agreement.An application may also be
initiated by the City Council,Planning Boardor City
administration.The application shall be in accord with
a form approved by the City Attorney.
14-1-2 Adjacent Property Owners Concurrence
All applications for zoning changes,variances,the contin
uation of non-conforming uses and home occupational licenses
shall be accompanied by amap which reflects all properties
and property owners within a three hundred (300)foot
radius of the subject property.The petitioner shall also
obtain and submit the signatures of at least twenty (20%)
percent of the above property owners of the City of South
Miami showing their awareness of and concurrence with the
proposed petition.
14-1-3 Notice to County and Other Municipalities
When any proposed change of zoning lies within five hundred
(500)feet of the boundary of the County or another
municipality,notice of the proposal with the date,time
and place of the public hearing thereon,if such hearing
has been scheduled,shall be forwarded to the Planning and
Zoning Departments and the governing body of the County or
such municipality in order to give the County or such
municipality an opportunity to appear at the hearing or
express its opinion on the effect of said change.
14-1-4 Exemptions from Above Procedures
Notwithstanding anything to the contrary in anv Section of the Zoninu
Code,the requirements of above Sections 14-1-1.14-1-?and 14-1-3 shall
not apply to.anv Citv initiated Comprehensive land Use Plan.Plan
Amendment andLand Development or Zoning Regulation implpmpnting an
adopted Plan or Amendments as required bv Chapter 163-,Finn'da Statutes.
or anv State Department of Community Affairs Rules or Regulations
regarding Chapter 163,Florida Statutes.
♦♦Underlining denotes addition
..'•,•
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.If any Section,clause,sentence or phrase of this Ordinance
is held to be invalid or unconsitutional by any court of competent jurisdiction,
such holding shall in no way effect the validity of the remaining protions of
this Ordinance.
Section 4.All Ordinances or parts of Ordinances in conflict herewith
be and the 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
ATTEST:
READAND APPROVED ASTOFORM:
m
CITY AT/
Passed on1st Reading
Passed on2nd Reading
Public Hearing
3/17/87
4/07/87
4/07/87
-3-
April ,1987
APPROVED: