HomeMy Public PortalAbout17-01 CONSOLIDATION OF THE PLANNING COUNCIL AND THE ZONING BOARD OF APPEALS 1st Reading: December 14, 2016
Public Hearing: December 14, 2016 and January 11, 2017
2"d Reading: January 11, 2017
Adopted: January 11, 2017
Effective Date: January 11, 2017
Sponsored By: City Manager
ORDINANCE NO. 17-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
ESTABLISHING A NEW LAND USE ADVISORY BOARD TO THE CITY COMMISSION TO
INCLUDE THE CONSOLIDATION OF THE PLANNING COUNCIL AND THE ZONING BOARD
OF APPEALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A CONFLICT AND
REPEALER CLAUSE AND RESCINDING ALL ORDINANCES IN CONFLICT; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,the City of Opa-locka Charter provides that the City Commission has the power to
establish a Planning Council, to hear and execute the planning functions with such decision making
responsibilities as may be specified by ordinance or general law, and
WHEREAS,the City of Opa-locka Charter provides that the City Commission has the power to
Establish a Zoning Board of Appeals, to hear and execute appeals as provided in the City Charter as
Well as to hear and execute decisions for appeals for variances of the City Code as provided by the code
of ordinance and the Zoning Code, and
WHEREAS,the City Commission has determined that it is in the best interests and welfare of the
City of Opa-locka and its residents to enact an ordinance that establishes a board that performs the
functions of both the Planning Council and the Zoning Board of Appeals; and
WHEREAS,the City of Opa-locka intends that this Ordinance adopting the new Planning, Zoning
and Appeals Board shall replace the City of Opa-locka regulations and legislations in conflict with this
Ordinance upon its adoption; and
WHEREAS, the City of Opa-locka intends that this Ordinance shall list the functions of the
Planning, Zoning and Appeals Board; and
WHEREAS, the City of Opa-locka City Commission has determined that the Planning, Zoning and
Appeals Board established by this Ordinance is consistent with the Comprehensive Plan.
NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF OPA-LOCKA HEREBY ORDAINS as
follows:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted
and confirmed as being true, and the same is hereby incorporated as part of this Ordinance.
Section 2. City of Opa-locka Planning, Zoning and Appeals Board "Board".
Sec. 2.1.Created; Composition;Term of Office; Qualifications; Organization; Meetings; Records.
Ordinance No. 17-01
1) A Planning, Zoning and Appeals Board is hereby created, which shall be an advisory body
to the Commission, consisting of 7 members, each of whom shall be appointed by the City
Commission, for a term of 2 or 4 years, except for the initial terms of the Board upon its
creation. The terms shall be staggered such that not fewer than 2 nor more than 3 terms
shall expire each year. The terms of board members shall commence on October 1 and shall
expire on September 30. Each member of the Board shall serve until the expiration of his or
her term.
2) At least 4 members of the Planning, Zoning and Appeals Board shall be residents of the
City of Opa-locka. All other members (3) shall be one of the following (I) an architect, (ii) a
landscape architect, or(iii)an engineer. Members of the Planning,Zoning and Appeals Board
shall have diverse backgrounds, and whenever possible, prior experience in land use,
planning, zoning, legal matters, environmental matters, or building and development.
Members of the Planning, Zoning and Appeals Board shall hold no other public office or
position in the City of Opa-locka.
3) Notwithstanding any provision of this ordinance, and in addition to the 7 voting
members, the Miami-Dade County School Board may appoint as nonvoting, uncompensated
members of the Planning, Zoning and Appeals Board and representatives of the school board
pursuant to Section 163.3174, Florida Statutes, one or more officers or employees of the
school board when the City considers comprehensive plan amendments and re-zonings that
would, if approved, increase residential density on the property that is the subject of the
application; provided, however, that only one representative so appointed shall attend any
meeting of the Planning, Zoning and Appeals Board. The school board representative shall
not be counted when determining the presence of a quorum. The term of such members
shall be for the term specified by the school board or, if no term is specified, for the duration
of the tenure or employment of the member with the school board, or until removed by the
school board. The school board shall notify the City of Opa-locka Planning and Community
Development Department Director in writing within ten days of the appointment or removal
of any member.
4) An organizational meeting of the Planning, Zoning and Appeals Board shall be held to
elect a chair and vice-chair from among its appointed members. The City Commission upon
written charges and after public hearing may remove members and vacancies shall be filled
for the unexpired term of any removed member.
Ordinance No. 17-01
Meeting: Order of Business - The order of business at regular Board meetings shall be
substantially as follows:
i. Invocation or Moment of Silence and the Pledge of Allegiance.
ii. Roll Call.
iii. Approval of Minutes, if any.
iv.Announcements.
v. Agenda additions, deletions, deferrals,or continuances, if any shall be
heard. Each item requires an affirmative vote but items may be moved together
if clearly stated on the record with regard to deferrals, or continuances. .
vi. Business and Public Hearing Procedures:
vii.The Board Secretary reads the notice of each item on the agenda.
viii. Upon announcement of the item if a member determines that a Conflict of
Interest exists,the member shall for the record and in accordance with Fla.
Stat. 112.4143., publicly state the nature of the conflict and abstain from
voting. All such statements shall be automatically incorporated in the
meeting minutes and record.
ix. Planning and Zoning Department Staff shall make their presentation on
the item, including their recommendation regarding same.
x.The Chair shall have the discretion to establish reasonable and uniform
time limitations on all presentations coming before the Board, provided
that no person is precluded from speaking on an issue, subject to the
requirements of law.
xi. On all public hearing items,the Board Secretary shall swear in all
persons wishing to testify on the item before the Board.
xii. On all public hearing items, any person speaking or testifying shall clearly
identify themselves for the record and state their address, interest in the
item in question, any special credentials that they may possess pertaining
to the subject matter of their testimony, and state whether they are a
Lobbyist and have complied with the registration requirements as set forth
in the City Code. Every person speaking or testifying shall abide by the
order and direction of the Chair. Discourtesy or disorderly conduct shall
be regarded as a breach of the privileges provided by the Board and shall
be dealt with as the Chair deems proper. Any documents provided shall be
clearly identified by name or some other designation and shall become
part of the record and retained by the Board Secretary for that purpose.
xiii. On all public hearing items,the applicant/proponent and individuals
favoring the item shall be heard first.The presentation for the applicant
shall be by the property owner, the attorney of record, or a
representative/agent who has filed a properly executed Power of Attorney
with the Board Secretary.
xiv. On all public hearing items,those opposed to the item shall be heard
second,with the applicant being allowed a short rebuttal, unless otherwise
ordered by the Chair.Those speaking for or against an item from the
public shall be limited to two (2) minutes, unless they are representing an
organization,and they can be afforded three (3) minutes, or as modified by
Ordinance No. 17-01
the Chair at the beginning of the public hearing.
xv. On all public hearing items, after the public hearing has been closed,the
Chair shall entertain Board discussion concerning the item and then
following a motion and second on the item direct a Roll Call vote to be
taken and duly recorded.
xvi.Any applicant failing to appear at the Board meeting for which their item
is scheduled for, after proper notification in accordance with City Code
and Miami 21, shall not be entitled to favorable recommendation or action
by the Board on their item unless the Board is notified of their absence by
staff or the Clerk.The application may be deferred by a vote of the Board
members present at the meeting.
xvii. All reports and recommendations whether from members of the Board or
staff of the Board, or other Departments of the City shall automatically be
incorporated as part of the record.
xviii.The Board Secretary shall prepare Board Resolutions on all matters
passed on by the Board following the meeting at which action was taken.
Further,the Board Secretary shall submit to the City Law Department
Board Resolutions on all items requiring submission to the City
Commission.
xix. A record shall be made of all meetings and public hearings of the Board.
The Board Secretary is responsible to ensure such records are made and
maintained in accordance with all applicable laws.
5) At least one regular meeting of the Board shall be held each month, and special
meetings may be called by the Chairman or by any 3 regular members of the board. at
minimum, as needed and as determined by the Chair. The Planning, Zoning and Appeals
Board shall keep record of its proceedings, pursuant to Florida law, findings and
determinations showing the vote on each matter and shall file the record and approved
minutes of each meeting with the City Clerk within 30 days of the date of the meeting, or as
soon thereafter as practicable. Members of the Planning, Zoning and Appeals Board shall
serve without compensation.
6) The Planning, Zoning and Appeals Board may adopt reasonable rules of procedure to
govern the conduct of its business and the holding of public hearings and workshops,
consistent with any procedures established for it by the City Commission. The Board shall
follow the rules contained in the most current edition of Robert's Rules of Order.
Sec. 2-2 Duties and Responsibilities
The duties and responsibilities of the Planning, Zoning and Appeals Board shall include
the following:
Ordinance No. 17-01
1. Hear applications and make recommendations on amendments, extensions and
additions to the Comprehensive Plan for the physical development of the City.
2. Hear applications and make recommendations on the platting or subdividing of lands
within the City.
3. Review and recommend approval or disapproval of proposed changes to the official
Zoning Map of the City.
4. Maintain and enforce zoning district boundaries and their respective district regulations.
5. Hear applications and make recommendations for approval or disapproval on rezoning
requests for individual properties, neighborhood or on an area-wide basis.
6. Hear applications and make recommendations for approval or disapproval on changes
to the Land Development Regulations.
7. Promote public interest in and understanding of the master plan and of planning and
zoning.
8. Make recommendations as to strategies for the clearance of slum and blighted areas.
9. Make recommendations as to strategies for the redevelopment of former slum and
blighted areas.
10. Review annually the City Manager's list of recommended capital improvements, not less
than ninety (90) days prior to the beginning of the budget year, which in the opinion of the
Planning, Zoning and Appeals Board are necessary or desirable to be constructed during the
forthcoming six-year period. Such list shall be detailed by year and level of importance.
11. Review and make recommendations on existing and proposed plans for the re-planning,
improvement, and redevelopment of neighborhoods.
12. Make recommendations for Special Studies as may be required in the performance of its
duties.
13. Recommend, under certain circumstances, that the City retain planning and zoning
consultants and or receive technical assistance.
14. Make recommendations on Conditional Uses and Special Exceptions.
15. Make recommendations to the City Commission when the City is contemplating
disposing of City-owned property.
16. It shall prepare and recommend to the City Commission ordinances, regulations and
other proposals promoting orderly development for the area of the city.
Ordinance No. 17-01
17. It shall perform such other functions as may be given it by appropriate action of the City
Commission.
18. It shall serve as the part of the local planning agency pursuant to Florida Statute.
19. To hear and make a ruling on an_ appeal s where it is alleged there is an error in any
order, requirement, decisions or determination made by the Director in the enforcement of
the Code.
In performing its appellate authority, the Board shall serve as a quasi-judicial body and
observe the requirements of quasi-judicial procedures as set out under applicable state law.
20. To grant, grant with conditions and safeguards, or deny applications for exceptions and
variances to the development regulations of the applicable district.
21. To annually grant temporary permits for nonconforming use of buildings or lands in the
City for short periods. Said temporary permits shall expire next September 30th after
issuance, and must obtain renewal by October 31. See fee schedule for square footage cost.
22. To hear and authorize, upon appeal, such variance from the terms of the Code.
23. To Hear Appeals of the Decision of A Director
i) Any appeal taken from the requirement, decision or determination made by the
Director charged with the enforcement of the Code shall be filed within thirty (30) days
after it is imposed. The Director shall bring said appeal before the Planning, Zoning and
Appeals Board in a form prescribed by the City. Those appealing the Director's decision
shall specify the grounds on which the decision should be reversed.
ii) All appeals shall be in writing along with the fee in accordance with the City's fee
schedule. All decisions of the Planning, Zoning and Appeals Board shall be by
resolution within thirty days of the presentation of the written appeal. Any member of
the Planning, Zoning and Appeals Board, who has a special interest, direct or indirect,
in any matter, shall make that interest known and shall abstain from participating in
that matter.
iii)The Director or his / her designee from whom the appeal is taken shall upon
notification of the filing of the appeal, transmit to the Planning, Zoning and Appeals
Ordinance No. 17-01
Board all documents, plans and papers constituting the record of the action form which
the appeal was taken and may appear before the Planning, Zoning and Appeals Board.
iv)The Planning, Zoning and Appeals Board, by a vote of four concurring members, may
reverse or affirm, wholly or in part, or modify the order, requirement, decision or
determination appealed,to that end the Planning, Zoning and Appeals Board shall have
all the powers of the official from whom the appeal is taken.
v) Any person or persons, aggrieved by any decision of the Planning, Zoning and Appeals
Board, concerning a zoning issue, may appeal the decision by presenting to the City
Commission, a petition, duly verified, setting forth that such decision is incorrect or
illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall
be presented to the City Commission within thirty (30) days after the filing of the
decision in the office of the Planning, Zoning and Appeals Board or other designated
office. All decisions of the Planning, Zoning and Appeals Board shall be forwarded to
the City Commission for final review and disposition.
24. REQUIREMENTS FOR APPLICATIONS REQUIRING PUBLIC HEARINGS;
a. Affidavit Required: Each application coming before the Board which
requires a public hearing shall be accompanied by an Affidavit from the property
owner, stating that they are the owner(s) or that they have the full and
complete permission of the owner(s) to act in their stead, together with a list of
the owners and stating that all facts and data presented in a d with the
application are true and correct.
25. STATUS OF BOARD DECISIONS AND PROCEDURES FOR APPEALS:
a. Board Decisions: In accordance with City of Opa-locka Ordinance ,
all decisions of the Board are subject to review and final disposition of the City
Commission.
Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall
not be affected by such invalidity.
Section 4. Conflict. All sections or parts of sections of the applicable City of Opa-
locka ordinances currently in place in conflict herewith are intended to be rescinded and
repealed to the extent of such conflict.
Ordinance No. 17-01
Section 5. Effective Date. This Ordinance shall be effective upon adoption at second
reading.
PASSED AND ADOPTED THIS 11t day of January, 2017.
01
Myra L. aylor
Mayor
Attest to: Approved as to form and legal sufficiency:
lkikACt
Joanna Flores Vincent T. Brown
City`Clerk The Brown Law Group
City Attorney
Moved by: COMMISSIONER HOLMES
Seconded by: COMMISSIONER RILEY
Commission Vote: 4-1
Commissioner Holmes: YES
Commissioner Pigatt: YES
Commissioner Riley: YES
Vice-Mayor Kelley: NO
Mayor Taylor: YES
13N W
THURSDAY DECEMBER 29 2016 NEIGHBORS
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I CITY OF OPA-LOCKA f H I' 1.O V I- \I\ M \ I t1' .-11 I
NOTICE TO THE PUBLIC 1:l • ' ,
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locks•Florida wilt hold public hearings 1
at its Regular Commission Meeting on Wednesday January 11 2017 at 7:00 PM in the Auditorium at Sherbondy Village,
Oil'
215 I4rvv Avenue,Opa-locks,Florida,to consider the following item:
SECOND READING ORDINANCE/PUBLIC[TEARING: ,t) I• \\I I
ANN ORDINANCE OF'THE CITY COMMISSION OF'DIE CITY OF OPA-LOCKA,FLORIDA,ESTABLISHING
A NEW LAND USE ADVISORY BOARD TO THE CITY COMMISSION TO INCLUDE TIE CONSOIJDATION \ � / '
OF TIlE PIANNLNG COUNCIL AND THE ZONING BOARD OF APPEAIS;PROVmING FOR SEVERABDJTY
CLAUSE;PROVIDING FOR A CONFLICT AND REPEALER CLAUSE AND RESCINDLNG ALL ORD NANCFS 4
IN CONFLICT;PROVIDING FOR AN EFFECTIVE DATE(first reading held on Derember 14,2016).Sponsored by
•
City Manager •
Additional In(ormauon on the above items may be obtained in the Office of the City Clerk,780 Fishermen Street, 't
4"‘Floor,Opa-locka,Florida 33054.NI interested persons ate encouraged to attend this meeting and will be heard with
respect to the public hearings.
In accordance with the Americans with Disabilities Act of 1990,persons needing special accommodations to r - ,
participate in the proceeding should contact the Office of the City Clerk at(305)953-2800 for assistance no later Than c.�.
seven(7)days prior to the proceeding.U hearing impaired you may telephone the Florida Relay Service at ,
(800)955-8771(TTY),(800)955-8770(Voice),(877)955-8773(Spanish)or(877)955 (Corot). -vx
PURSUANT TO FS 286.0(05:Anyone who desires to appeal any •decision made by any boon!,ageno;or commission
with mspecr to any manor considered at such meeting ar hearing will need a record of She pmceedings and for Thal reason I•:1 1• \\\ '• •,■ • • ,�I I I 0 0 O
may need to ensure that a verbatim record of the pmceedings is made,which recued includes the testimony and ,1 I ,
evidence upon which the appeal may he based
JOANNA FLARES,CMC
CITY CLERK
OPp,-LOCkq
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City of Opa-locka
Agenda Cover Memo
Commission Meeting December 1,2016 Item Type: Resolution Ordinance Other
Date: (Enter X in box) X
Yes No Ordinance Reading: 1st Reading 2nd Reading
Fiscal Impact: (Enter X in box) X
Public Hearing: YeS No Yes No
X (Enter X in box) X X
Funding Source: (N/A) Advertising Requirement: Yes No
N/A (Enter X in box) X
Contract/P.O. Required: Yes No
(Enter X in box) X RFP/RFQ/Bid#: N/A
No Strategic Plan Priority Area: Strategic Plan ObjJStrategy:
Enhance Organizational D
Strategic Plan Related Bus.&Economic Dev New Development
(EnterX in box) X Public Safety
Quality of Education 0
Qual.of Life&City Image •
Communication
Sponsor Name City Manager Department: Community Development
Short Title:
An Ordinance of the Mayor and City Commission of the City of Opa-locka establishing a new land use advisory board to the City
Commission to include the consolidation of the Planning Council and the Zoning Board of Appeals; Providing a severability clause;
Providing for a conflict and repealer clause and rescinding all Ordinances in conflict; Providing for an effective date.
Staff Summary
The City of Opa-locka Charter provides that the City Commission has the power to establish a Planning Council to hear and
execute the planning functions enumerated by general legislation, land development regulation and by City Charter. The City of
Opa-locka Charter provides that the City Commission has the power to establish a Zoning Board of Appeals to hear and execute
appeals enumerated by general legislation, land development regulation and by City Charter. It has been determined that it is in
the best interests and welfare of the City of Opa-locka and its residents to enact an ordinance that establishes a board that
performs the functions of both the Planning Council and the Zoning Board of Appeals. The functions, duties, term of office,
organization,composition and meetings of the new Planning and Zoning Board are listed in this Ordinance.
Proposed Action:
Staff recommends approval of this Ordinance.
Ordinance—To Create the Planning&Zoning Board 09-14-16 1
Attachments:
1. City Code of Ordinance for Planning Council
2. City Code of Ordinance for Zoning Board of Appeals
3. City Commission Ordinance DRAFT
Ordinance—To Create the Planning&Zoning Board 09-14-16 2
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Memorandum
TO: Myra L. Taylor, Mayor
Joseph L. Kelley, Vice Mayor
Matthew Pigatt, Commissioner
John Riley, Commissioner
Timothy Holmes, Commissioner
FROM: Yvette Harrell, City Manager
DATE: December 1, 2016
RE: An Ordinance of the Mayor and City Commission of the City of Opa-locka establishing
a new land use advisory board to the City Commission to include the consolidation of
the Planning Council and the Zoning Board of Appeals; Providing a severability
clause; Providing for a conflict and repealer clause and rescinding all Ordinances in
conflict; Providing for an effective date.
Request:
An Ordinance of the Mayor and City Commission of the City of Opa-locka establishing a new land use
advisory board to the City Commission to include the consolidation of the Planning Council and the Zoning
Board of Appeals; Providing a severability clause; Providing for a conflict and repealer clause and
rescinding all Ordinances in conflict; Providing for an effective date.
Description:
The City of Opa-locka Charter provides that the City Commission has the power to establish a Planning Council to
hear and execute the planning functions enumerated by general legislation, land development regulation and by City
Charter. The City of Opa-locka Charter provides that the City Commission has the power to establish a Zoning
Board of Appeals to hear and execute appeals enumerated by general legislation, land development regulation and
by City Charter. It has been determined that it is in the best interests and welfare of the City of Opa-locka and its
residents to enact an ordinance that establishes a board that performs the functions of both the Planning Council and
the Zoning Board of Appeals and upon adoption shall require the City Commission to assign members to the P &Z
Board. The Planning Council and the Zoning Board of Appeals shall be removed when new members are assigned
by the City Commission or in 90 days from the adoption of this ordinance, which ever is first. The functions, duties,
term of office, organization, composition and meetings of the new Planning and Zoning Board are listed in this
Ordinance.
Financial Impact:
There are no immediate financial impacts associated with approval of this Ordinance;
Ordinance—To Create the Planning&Zoning Board 09-14-16 1
Implementation Time Line:
Immediately
Legislative History:
Planning Council Recommendation:
Not reviewed by the Planning Council.
Staff Recommendation:
Staff has recommended approval of this Ordinance.
Attachment(s)
City Code of Ordinance for Planning Council
City Code of Ordinance for Zoning Board of Appeals
City Commission Ordinance Draft
Prepared By: Gerald Lee,Zoning OfficiaVPlanner
Gregory Gay, Director
Planning and Community Development Department
Ordinance—To Create the Planning&Zoning Board 09-14-16 2
Sustainable Opa-Locka 20/30 Land Development Regulations Article Administrative Provisions
ARTICLE II. ADMINISTRATIVE PROVISIONS
Sec. 22-31 Purpose and Authority
This Article sets forth the duties and responsibilities of the agencies described
herein.
Sec. 22-32 City Commission
Pursuant to the authority granted to the City Commission by state law or by
provisions of the City Charter (Article II), the City Commission shall have the
duties and responsibilities listed therein concerning these land development
regulations. The City Commission's authority shall include, but not be limited to,
approval, approval with conditions or modifications or denial and hearing
appeals from any board or administrative body of the City.
Sec. 22-33 Local Planning Agency
A. The City Commission is designated the Local Planning Agency (LPA) for
the City.
B. The LPA shall have all the powers authorized under Section 163.3174,
Florida Statutes.
C. A representative of the School Board of Miami-Dade County shall be
entitled to sit as a non-voting member of the LPA when the agency
considers comprehensive plan amendments and re-zonings that would,
if approved, increase residential density on the property that is the
subject of the application. The School Board representative shall not be
counted when determining the presence of a quorum.
Sec. 22-34 Planning Council
A. Established
The City Commission hereby establishes a Planning Council, which shall be
an advisory body to the Commission, consisting of five members appointed
by the City Commission who shall be residents of the City, one chosen by
each member of the City Commission, and none of whom shall hold any
other public office or position in the City. Each member shall serve a term
which will coincide with that of the Commissioner who selected them. The
II-1
Sustainable Opa-Locka 20/30 Land Development Regulations Article ll. Administrative Provisions
Planning Council shall elect a chair and vice-chair from among its appointed
members. The Mayor and City Manager shall serve as ex-officio members of
the Council. Members may be removed by the City Commission upon written
charges and after public hearing and vacancies shall be filled for the
unexpired term of any member. Meetings shall be held once a month, at a
minimum, as needed and determined by the Chair. The Council shall keep a
record of its proceedings, findings and determinations showing the vote on
each matter. The record shall be filed with the City Clerk's Office. Members
of this Council shall serve without compensation.
B. Duties and Responsibilities
The duties and responsibilities of the Planning Council shall include the
following:
1. Hear applications and make recommendations on amendments,
extensions and additions to the Comprehensive Plan for the
physical development of the City.
2. Hear applications and make recommendations on the platting or
subdividing of lands within the City.
3. Review and recommend approval or disapproval of proposed
changes to the official Zoning Map of the City.
4. Maintain and enforce zoning district boundaries and their respective
district regulations.
5. Hear applications and make recommendations for approval or
disapproval on rezoning for individual properties, neighborhood or
on an area-wide basis.
6. Hear applications and make recommendations for approval or
disapproval on changes to the Land Development Regulations.
7. Promote public interest in and understanding of the master plan
and of planning and zoning.
8. Make recommendations as to strategies for the clearance of slum
and blighted areas.
11-2
Sustainable Opa-Locka 20/30 Land Development Regulations Article II. Administrative Provisions
9. Make recommendations as to strategies for the redevelopment of
former slum and blighted areas.
10.Review annually the City Manager's list of recommended capital
improvements, not less than ninety (90) days prior to the beginning
of the budget year, which in the opinion of the Council are
necessary or desirable to be constructed during the forthcoming
six-year period. Such list shall be detailed by year and level of
importance.
11.Review and make recommendations on existing and proposed
plans for the re-planning, improvement, and redevelopment of
neighborhoods.
12.Make recommendations for Special Studies as may be required in
the performance of its duties.
13.Recommend, under certain circumstances, that the City retain
planning and zoning consultants and/or receive technical
assistance.
14.Make recommendations on Conditional Uses and Special
Exceptions.
15.Make recommendations to the City Commission when the City is
contemplating disposing of City-owned property.
16.Other duties as may be requested by the City Commission.
Sec. 22-35 Zoning Board of Appeals
A. Established
The City Commission hereby establishes a Zoning Board of Appeals
consisting of five members appointed by the City Commission. Two of the five
members shall be appointed for two-year terms while the remaining three
shall be appoint for three-year terms. Members may be removed by the City
Commission upon written charges and after public hearing and vacancies
shall be filled for the unexpired term of any member. Members of this Board
shall serve without compensation.
I1-3
Sustainable Opa-Locka 20/30 Land Development Regulations Article ll. Administrative Provisions
B. Duties and Responsibilities
The duties and responsibilities of the Zoning Appeals Board shall include the
following:
1. To hear and decide appeals where it is alleged there is an error in any
order, requirement, decision or determination made by the Director in the
enforcement of the Code.
2. To determine conformity with the provisions of the Code, reverse or
affirm, wholly or partly, or modify the order, requirement, decisions or
determination made by the Director in the enforcement of the Code.
3. To grant, deny or hear appeals to variances to the development
regulations of the applicable district subject to appropriate conditions and
safeguards.
4. To annually grant temporary permits for nonconforming use of buildings
or lands in the City for short periods of time. Said temporary permits shall
expire next September 30th after issuance, and must obtain renewal by
October 31. See fee schedule for square footage cost.
5. To hear and to authorize, upon appeal, such variance from the terms of
the Code.
C. Appeal of Decision of Director
1. Any appeal taken from the requirement, decision or determination made
by the Director charged with the enforcement of the Code shall be filed
within thirty (30) days after it is imposed. The Director shall bring said
appeal before the Board in a form prescribed by the City. Those
appealing the Director's decision shall specify the grounds on which the
decision should be reversed.
2. All appeals shall be in writing along with the fee in accordance with the
City's fee schedule. All decisions of the Board shall be made by resolution
within thirty (30) days of the presentation of the written appeal.
Any member of the Board, who has a special interest, direct or indirect, in
any matter, shall make that interest known and shall abstain from
participating in that matter.
3. The Director or his/her designee from whom the appeal is taken shall,
upon notification of the filing of the appeal, transmit to the Board all
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Sustainable Opa-Locka 20/30 Land Development Regulations Article ll. Administrative Provisions
documents, plans and papers constituting the record of the action from
which the appeal was taken and may appear before the Board.
D. Official Actions
The Board, by a vote of four concurring members, may reverse or affirm,
wholly or in part, or modify the order, requirement, decision or
determination appealed, to that end the Board shall have all the powers of
the official from whom the appeal is taken.
Any person or persons, aggrieved by any decision of the Board, or any
taxpayer, or any officer, department of the City may present to a Court of
Record a petition, duly verified, setting forth that such decision is illegal, in
whole or in part, specifying the grounds of the illegality. Such petition shall
be presented to the court within thirty (30) days after the filing of the
decision in the office of the Board or other designated office. Otherwise
the decision of the Board shall be final.
Sec. 22-36 Development Review Committee
The City Commission hereby establishes a Development Review Committee,
which shall be an advisory body to the Department of Planning and Community
Development. Members of the Committee shall include: Director of Planning
and Community Development or their Designee, Director of Public Works or
their Designee, Director of Parks and Recreation or their Designee, Police
Chief or their Designee, Director of Building or their Designee, Code
Compliance Personnel / Designee, any intergovernmental agency
representatives deemed necessary by the Director, and any other staff as
deemed necessary, or
The Development Review Committee shall have the power to review
applications for development orders or permits relative to the requirements,
regulations and standards of this chapter including: site plans; plats; vacations
or dedications of rights-of-way; or any other type of development or projects
that the Director of the Department of Planning and Community Development
determines requires DRC review. DRC review and comments shall be made on
the basis of the criteria set forth herein this Code. In the case of applications for
which the DRC acts in an advisory capacity, it shall make recommendations for
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