Ord. No. 10-93-1538AORDINANCE NO.10-93-15384
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA AMENDING SECTION 20-6.2
(A)OF THE LAND DEVELOPMENT CODE BY CHANGING THE
APPEAL PERIOD TO SEVEN CALENDAR DAYS FROM THE POSTING
OF MEETING RESULTS;PROVIDING FOR SEVERABILITY-
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City of South Miami has heretofore enacted a
Land Development Code.,which Code provides for an Environmental
Review and Preservation Board (ERPB)and in Section 20-6.2 (A)
specifically provides:,-l
All decisions and recommendations of the Environmental
Review and Preservation Board shall be considered final
unless,within fifteen (15)daysafter the model or
project and draft minutes of said meeting become
available for public review and information,an appeal
to the City Commission shall be filed with the City
Clerk upon a form prescribed therefore.Appeals may
taken by the applicant,interested citizens,or City
Administration;and
WHEREAS,experience has shown a 15 day waiting period for
applications work a hardship to a successful applicant,while
eliminating the waiting period would not prejudice an interested
citizen or the City Administration;and
WHEREAS,experience has also shown counting the waiting
period from "after the model or project and draft minutes of said
meeting become available for public review and information"is an
unwieldy,imprecisestandard;
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OFTHE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Section 20-6.2 (A)of the Land Development Code
be,and hereby is,amended to read as follows:
All decisions and recommendations of the Environmental
Review and Preservation Board (ERPB)shall be
considered final unless,within seven (7)calendar days
after the posting of the results of said meeting,which
cesults must be posted on the City Hall bulletin board
within 24 hours,an appeal to the City Commission shall
be filed with the City Clerk upon a form prescribed
therefore.Appeals may taken by the applicant,
interested citizens,or City Administration.
Section 2.If any section,clause,sentence,or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction,then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3.AllOrdinancesorpartsofOrdinances in
conflict herewith be,and the same hereby are,repealed.
Section 4.This Ordinance shall take effect immediately at
thetimeof its passage.
PASSED AND ADOPTED this 20 dav of July .,1993.
APPROVED:
^L
MAYOR
READ AND APPROVED AS TO FORM
CITY ATTORNEY