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Home My WebLink AboutO-11435.10 .� J-96-1314 12/12/96 11435 ORDINANCE NO. AN ORDINANCE DECLARING A SIX (6) MONTH MORATORIUM ON THE ASSESSMENT OF ADDITIONAL FEES FOR RESIDENTIAL PROPERTY APPLICATIONS FOR ZONING VARIANCES PURSUANT TO THE CODE OF THE CITY OF MIAMI, FLORIDA, CODE §62-61(4), IN CIRCUMSTANCES WHERE THE APPLICANT SEEKS TO CORRECT A VIOLATION OF CITY ORDINANCES RELATING TO FAILURE TO HAVE PROPER VARIANCES OR RESIDENTIAL BUILDING PERMITS FOR THE CONSTRUCTION OF CONCRETE SLABS, FENCES, ROOFS, SHEDS, ROOF -COVERED TERRACES, ADDITIONS OR ALTERATIONS, WITH VARIANCES STILL SUBJECT TO PAYMENT OF APPLICABLE FEES AUTHORIZED BY CITY CODES §§62-61(1),(2) AND (3), AND COMPLIANCE WITH ALL OTHER PROCEDURAL REQUIREMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this fee moratorium is directed against the imposition of additional (enhanced) City of Miami fees for applications for variances that are filed after a building addition or alteration has commenced without a building permit, filed to legally allow such building addition or alteration, or filed as a result of a violation notice; and WHEREAS, the purpose and intent of said fee moratorium is to provide relief to homeowners who intend to apply for variances and adjustments needed to correct code violations or to legalize or validate existing variances on their property, and to encourage such residential property owners to correct code violations in an expeditious fashion; and i1435 mr-i WHRRRAS, said fee moratorium is temporary in duration and limited in scope to those situations that relate to failure to have building permits for concrete slabs, fences, sheds, roofs, roof -covered terraces, additions or alterations, setback adjustments and variances for lot coverage; provided the applicant pays the regular fees authorized by ordinances of the City of Miami and otherwise complies with all procedural requirements; and WHEREAS, said fee moratorium will not change or affect the imposition of the $100.00 penalty and the double permit fee required by §303.3 of the South Florida Building Code ("SFBC"), which cannot be amended by the City of Miami; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. A six (6) month moratorium is hereby declared on the assessment of additional fees, pursuant to City of Miami, Fla., Code § 62-61(4), for residential property applications for zoning variances when the applicant seeks to validate existing i variance required situations or to correct violations of the City Code or Zoning Ordinance relating to failure to have building permits for the construction of concrete slabs, fences, roofs, - 2 - 11435 't-kei sheds, roof -covered terraces, additions or alterations, with variances still subject to payment of applicable fees authorized by City Code §62-61(1), (2) and (3), and compliance with all procedural requirements. Section 3. This Ordinance shall not effect the enforcement of Ordinance No. 11354, adopted April 25th, 1996 (pertaining to "FRS FOR WORK WITHOUT PERMIT"), to the extent that said ordinance's fee provisions do not exceed the provisions of §303.3 of the South Florida Building Code ("SFBC") and are not levied in addition to said SFBC requirement. Section 4. The provisions of this Ordinance apply solely to the specified residential development, and shall be effective only for a six (6) month period commencing on the effective date of this Ordinance. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 6. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 12th day of December , 1996. - 3 - 11435 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23rd day of January , 1997, WALTER CITY C PREPARED AND APPROVED BY: �U J EL EDWARD LL EPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A: Oji�1NN'• J , I I I CITY ATTO W216 . DIEM : rSS - 4 - 11.435 e CITY OF MIAMI. FLORIDA f INTER -OFFICE MEMORANDUM TO and GATE Ir.1997 FILE City Mawer anuMy , SUBJECT Ordinance Declaring 6-month Moratorium FROM! REFERENCES Joe Carollo Mayor ENCLOSURES J-96-1314 Please schedule the attached ordinance (declaring a six-month moratorium on the assessment of additional fees for residential property applications for zoning variances) for Public Hearing during the January 23, 1997 City Commission Meeting. 1 1143 Jr ,,i MIAMI DAILY BUSINESS REVIEW Ptdbi sW Dally enorpl Saturday. Swx* aM Mwrrr. LDaaft Couroy. FbrkU. STATS OF FLORIDA COUNTY OF CAN: Before tM unWrslOned suthocity pws*mNy appeased ootefeea V. Farbeyn, who on oath rays that she is the Supervisor, Leal Notices of the Miami Daily business Review We M N Ifevieur, a dwyy.(sxyo�epc 8s w ft. Sundey WA L"M sp ys) nawW, pltbliMed at Mamie In Dade County, Flocks: Mat Me attached copy of advoiftment, Nft a L"M Advertisement of Notice in the math of CITY OF MIAMI ORDINANCE NO. 11435 in Me .....----- Cost, was published in said newspaper In tie Isarm of Mar 5, 1997 AWNN R~ says that the told Miami Daily Busies" Review Is a newspaper publialmd at Miami In said Deft County. Floeide. and Mat tM said ntewspepw ties heretofore been continuously pre owl In "Id Dads County, Florida, each day (except Sstwdsy, Swtday end L"M OWN") Mild Me been enterod as secW elm mall now at the past office In Mamie in seM No County. Flocks, for a period of one year text peaoedfnp tfte fort publication of tie attadtad Dopy of and aflart tIM she has Fw procrtlwd any Ann eorpontion aaNv or lltOn �fj am any or mank IKAFADA LeGALMOTM All IrMMaMed Nrfll leba rteMf>s Slel fan Alfa SNJI� N Janw any, In?. fla aw Owwriles" at MY mi. 10I114ft O IAa latlatr Iet� f� d[itelreM: o1DSw" IM AN ONDIMANOR A IWIWICINTH I TOMMI ON THE.. A ir► OF AtDffK*ft Pall IO�Ifft NIOrIIITv APPLICATIONS !'ONFMO VAIMAMOES AMISUAMT TD Tw ODOE 0 CITY OF MIAMI. FL WMA. COOS 4"1 Na IN Cr STANOES MANE THE APPLICANT SN><EI111101 O011 A VIOMTION OF CRY OIDINUNCES R I ATN FALUNE TO HAVE PROPER VARIAIOLS OR IJMI COVERED URIIACES, ADDITIONS OR ALTTLRATKINS, WFTH VARIANCES STILL fL LOCT TO PAVWMT OF APPLICAMLE FW AUTHO MEO BY CRY CO!>rl 4* St(ij.�q AfD �. AND OOMPLI INCE WITH ALL OINO PRDf:Mi1�UL. RF. MS; OONTASIS/Ei A RIP% AM PROVIS" ADD A SM41111AKITY CLAFJM; AM f ROVIDIND PDR AM ACTIVE OI1TE. . AN OIDINANCE AlMMO THM FUMM LAND USE MAP OF THE COMMREHOI NVE lONilIi1000 no BY CHANGING THE LARD USE OEIMDNATIONS OF Ti! PROPERTIES LOCATED AT APPR01(MATELY 30140 AND 2006810111 NORTHWEST SNTN 8IREEI PROM IS$- TRCTED COMMERCIAL* TO GOWAL COMMERCIAL. MAKNi3 FIlDOM OIlECTM • 7MAMSL0ffT#U TO AFFECTED AGENCIES; CONTAINING A RE?E4W Pf* VNIIOM AM A SIEVERABLI Y CLAUSE -.'AND PROVD(rq FOR AN EFFECTIVE DATE. AM ORDINANCE AMENDING THE ZONING XRM BY CHANGING THE ZONING CLASSIFZATION. FROM C•1 RESTRICTED COMMERMAL: TO " LNSERAL COMMIM CIAL, FOR THE PROPERTIES LOCATED AT APPMWM- ATTI.Y MI-SS3 AD 300.M NORTINIIAW li4TM BwF=I MAMI, FLORIOA; AND BY MAKING ALL }ECESSARY CHANQEM ON PAM 13 AND." OF SAM' ZOMM ATLAS: CONTANMFO A REPEALER PROVISION AND SEV= ERAO LfTYCLNM. OIIDSIANCE N0.1�44b AN ORDINANCE AMENDING CHAPTER 12 0: TIE CttY CODE. AS ANIM MH W..ENTITLED: OMO O AM KAN- MING ffEB- TO CLAN" LANGUAGE REOAFW^! 1� SUBMITTALS: CONTANMNf3 A :BALER' P-- AM SEV E A KlTY CLAUSE: AND PRCIIiOM'li� FQ 'AN AN ORDINANCE A�MBM1ot THE EZ ZONING OIiDIM14AM BY AMEtNOM ARTKIE B. 81MSEC110N 0104 TO MODIFY RELEASE PROCED1.1114" FOR UNITY OF TIRE AGREEMEMM CONTAINING A NVEALEA PFWV0ON i AND A SEVERASILITY CLAUSE; AND PROVING FOR AN EFFECTIVE DATE. r to and subscribed before ms tiNa 5 March 97 OIDiiANCIi NOS, 91Mi TORDINJ HE COY CHAFM »»»..day a »», A.D.1 f»»» ' 4. ENTITLED: •ALCOHOLIC BEVERAGE8.' BY AMENDING SECTION 4.10. RELATM TO DISTANCE SEPARATDN. BY MODIFVNO THE DISTANCE SEPARATION tMTWEEN E$TAKMOfENTB FOR THE S" DESIGN •PLAZA �rR p�s�� JANETTFICIAL DLLE :7 ETARY (K") DATING THE CORRAL. OOI�R N& DISMICI OESIG-• . 0 comomesm NVMiER MATCH TO NUDE THE WORD "51�88.0ONTAN- OcfaMrtay. wlowncs S65004 ING A REPEALER PROVISION AND A SEViERAINM PAY OMAIiSS10N CLAIASE; AND PROVVIDING FORAM MF6CM DAYL C EKPIA£S FOf P1�� JUNE 23 2000 .� AN ORDINANCE .� BY AIM!NDING ARTICLE Ik *10. TO AM AM W SECTION ENTNTLIM `NMTERIM PARKINCNv AND SECTION 25M TO PR Y#1QE A bEFNTION FOR 'MNTDMA .PAMk LNG'; CONTAN 04. A.104 M M W VI9M AM) A UWAAM,t - O< 10E AMD MR . AN Sete aWtirtF way ba rtep.oiaa byflta ptt b r fha OSloi of fits Cky Back I= Pon Ana IM Drina, Mlabti, r�otllle. irlond�► h Friday. wdo fng Mlideys. between 00 hofae N I tt as, and S pall WALTER J. FOEMAN CITY CLEW (#46M 316 0%f-0E069fIMt M