HomeMy WebLinkAboutO-14054City of Miami
Ordinance 14054
t„
Legislation
File Number: 11385
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/10/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62/ARTICLE XIII/DIVISION 1/SECTION 62-526 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND
ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMIT/NOVEL
CORONAVIRUS ("COVID-19") PILOT PROGRAM FOR VACCINATION AND
TESTING SITES," BY AMENDING THE SUNSET DATE AND ADDING
APPROVAL FOR WAIVER OF TIME CONSTRAINTS FOR SPECIAL EVENT
PERMITS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Joe Carollo, Commissioner Manolo Reyes
WHEREAS, pursuant to Section 62-521 of the Code of the City of Miami, Florida, as
amended ("City Code"), temporary events are limited to no more than two (2) events per year
per private property for no longer than two (2) weeks per event; and
WHEREAS, pursuant to Section 62-521(b)(4) of the City Code, the number and time
limitations for temporary events may be waived upon an affirmative vote of the City
Commission; and
WHEREAS, pursuant to Section 65-535 of the City Code, temporary uses on vacant
land require a Temporary Use Permit ("TUP") issued by the Zoning Department for temporary
uses and occupancies that are not expected to last more than three (3) years; and
WHEREAS, a TUP can be extended administratively by the Zoning Department yearly;
however, any waiver beyond three (3) years requires City Commission approval; and
WHEREAS, Section 54-6.3 of the City Code provides for permitting to allow special
events which will obstruct, close, or cause to be obstructed or closed any street, sidewalk, or
park or impede the general movement of vehicular or pedestrian traffic; and
WHEREAS, the Special Event Permits ("SEP") issued pursuant to Chapter 54 are only
valid for ten (10) calendar days "for any particular applicant per calendar year;" and
WHEREAS, the City of Miami ("City"), like other communities in the United States, is
facing the unprecedented task of providing a method to help distribute the various Novel
Coronavirus ("COVID-19") vaccines to our community as well as continue to keep our
populations access to COVID-19 testing accessible; and
WHEREAS, local hospitals and health clinics have been creating vaccination/testing
sites using vacant lands, parking lots, side streets, and parks and are required to comply with
the City's permitting regulations, which includes waiving the event and time limitations set forth
in the City Code; and
City of Miami Page 1 of 3 File ID: 11385 (Revision:) Printed On: 3/24/2022
File ID: 11385
Enactment Number: 14054
WHEREAS, the City, Miami -Dade County, and the State of Florida are currently seeing
rising numbers of positive COVID-19 cases and the distribution of vaccines and access to
testing is more urgent now than ever with the rise of COVID-19 variants in our community; and
WHEREAS, the City is in an emergent situation with numbers of hospitalizations,
positive testing, and variant virus strains in our community and this pilot program is in best
interest of the public health, safety, and general welfare of the community;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 62 of the City Code is amended in the follow particulars:'
"CHAPTER 62"
PLANNING AND ZONING
ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED
DIVISION 1. — TEMPORARY EVENT PERMITS
Sec. 62-526. — Novel Coronavirus ("COVID-19") Pilot Program for Vaccination and Testing
Sites.
(a) Notwithstanding the limitation on the number of events to be held pursuant to the
issuance of a TEP pursuant to Section 62-521, any TEP issued for the sole and strict
purpose of creating a COVID-19 vaccination and/or testing site shall have that limitation
waived for the pendency of the TEP.
(b) Notwithstanding the limitation on the number of years for a TUP pursuant to Section 62-
535, any TUP issued for the sole and strict purpose of creating a COVID-19 vaccination
and/or testing site shall have that limitation waived for the pendency of the TUP.
(c) All sites must comply with all other standards and requirements set forth by the City
Code, the Miami 21 Code, the Florida Building Code, and any other applicable Federal,
State, or Local laws.
(d) All site applications must conform to the requirements set forth by the various City
Departments, including but not limited to, the Zoning Department, Building Department,
Police Department, Fire -Rescue Department, Resilience and Public Works Department,
and Planning Department.
1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
City of Miami Page 2 of 3 File ID: 11385 (Revision:) Printed on: 3/24/2022
File ID: 11385
Enactment Number: 14054
(e) RY site thatisfe Ad inyinlat+EiTni-`'f the Qty (;ede, the Miami
221 Gede er the Clnrida
B UildiRg Gedea shall have its T- ID „r TCD reaye—kee The time limitation waiver provided for
in Section 54-6.3 of the City Code shall also be waived for any site that has applied for
and received a Special Event Permit ("SEP") in order to provide Coronavirus ("Covid-
19") testing or vaccination sites to the community and it shall remain valid during the
Pendency of this Pilot Program.
(f) Any site that is found to be in violation of the City Code, the Miami 21 Code, or the
Florida Building Code shall have its SEP, TUP and/or TEP revoked, as applicable.
This section will sunset on February 24, 2022-3 unless this section is earlier repealed by the
city commission ^r +ho pity nnmmiccinn ov+onr4- +I-,o pi:egrom "
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i 4naindez, City Attor iey 1/27/2022
' This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 3 of 3 File ID: 11385 (Revision:) Printed on: 3/24/2022