§ 118-164. Action by city commission.  


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  • Within 60 days of transmission of the recommendation of the planning board to the city commission, the commission shall consider the proposed amendment as provided herein. All the land development regulation amendments shall be enacted pursuant to the following procedure:

    (1)

    In all cases in which the proposed amendment changes the actual list of permitted, conditional or prohibited uses in a zoning category or changes the actual zoning map designation for a parcel or parcels of land and, in either case, the proposed amendment involves less than ten contiguous acres, the city commission shall direct the clerk of the city to notify by mail each real property owner whose land the city will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. Provided further, notice shall be given by mail to the owners of record of land lying within 375 feet of the land, which is to be changes by the proposed permitted, conditional or prohibited use change or the proposed zoning map designation. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of such notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. The city commission shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance.

    (2)

    In all cases in which the proposed amendment changes the actual list of permitted, conditional or prohibited uses within a zoning category, regardless of the acreage of the area affected, or changes the actual zoning map designation of a parcel or parcels of land involving ten contiguous acres or more, the city commission shall provide for public notice and hearings as follows:

    a.

    The city commission shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5:00 p.m. on a weekday, unless the city commission, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearings shall be held at least seven days after the day that the first advertisement is published. The second public hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing.

    b.

    The required advertisements shall be no less than two columns wide by ten inches long in a standard size or tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one of limited subject matter, pursuant to F.S. ch. 50. Whenever possible, the advertisement shall appear in a newspaper that is published at least five days a week unless the only newspaper in the city is published less than five days a week. The advertisement shall be in substantially the following form:

    NOTICE OF (TYPE OF) CHANGE

    The City of Miami Beach proposes to adopt the following ordinance: ( title of ordinance )

    A public hearing on the ordinance will be held on ( date and time ) at ( meeting place ).

    Except for amendments which change the actual list of permitted, conditional or prohibited uses within a zoning category, the advertisement shall contain a geographical location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area.

    In lieu of or in addition to publishing the advertisement set forth in subsection 118-164(2)b. of this section, the city may mail a notice to each person owning real property within 375 feet of the area covered by the proposed amendment and to persons owning real property within the area that is the subject of the proposed amendment. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place and location of both public hearings on the proposed ordinance.

    (3)

    When a request to amend these land development regulations does not change the actual list of permitted, conditional or prohibited uses in a zoning category or when a request to change the actual zoning map designation of a parcel or parcels of land is initiated by an applicant other than the city, the following procedures shall apply in addition to the applicable procedures in subsections (1) and (2) of this section:

    a.

    A proposed ordinance may be read by title or in full on at least two separate days and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. The notice of proposed enactment shall state the date, time and place of the meeting; the title or titles of proposed ordinances; and the place or places within the city where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

    b.

    Immediately following the public hearing at the second reading, the city commission may adopt the ordinance.

    (4)

    An affirmative vote of five-sevenths of all members of the city commission shall be necessary in order to enact any amendment to these land development regulations.

    (5)

    Any application for amendment to the actual list of permitted, conditional or prohibited uses in zoning categories or to the actual zoning map designation of land or to any other regulation in these land development regulations, or to the future land use map of the city's comprehensive plan may be withdrawn by a request in writing by the applicant at any time before a decision of the city commission, but if withdrawn after advertisement for a public hearing or after posting of the property, the same amendment shall not be resubmitted, except by an official of the city or the city commission, sooner than one year after the date established for the prior hearing. Filing fees shall not be refunded upon any withdrawal.

(Ord. No. 89-2665, § 14-3, eff. 10-1-89; Ord. No. 94-2907, eff. 2-26-94; Ord. No. 95-3004, eff. 8-5-95; Ord. No. 97-3066, § 1, 1-8-97; Ord. No. 97-3102, § 1, 11-19-97)