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HomeMy WebLinkAboutCC Legislation (Version 2)City of iarni Legislation Ordinance City Ha41 3500 Pan American Drive Miami, FL 33133 www.miarnigov.com File Number: 06-00366zt Final Action Date; AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 21, SECTION 2105.4, IN ORDER TO ENSURE THIS SECTION APPLIES TO OCCUPANCY AND USE OF LAND; AND BY AMENDING SECTION 2105.5, SPECIFICALLY, BY ENACTING A NEW SUBSECTION 2105.5, ENTITLED, "INTERIM PROTECTION MEASURES PROVIDING FOR ZONING IN PROGRESS AS TO APPLICATIONS FOR DEVELOPMENT PERMITS, AS DEFINED HEREIN, UNDER ORDINANCE NO. 11000 WHEN ORDINANCE NO. 11000 IS IN THE PROCESS OF BEING REPLACED BY A NEW ZONING CODE;" PROVIDING FOR INTENT; NOTIFICATION; INTERIM PROTECTION MEASURES; APPLICATIONS FILED PRIOR TO NOTIFICATION; EXEMPTIONS; AND SCOPE; AND FURTHER AMENDING SECTION 2107 TO PROVIDE THAT CERTIFICATES OF OCCUPANCY GRANTED IN ERROR DO NOT AUTHORIZE VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami is experiencing significant development activity while engaged in a reevaluation of its planning and zoning process that may result in changes to the zoning code of the City Code, including the adoption of a whole new zoning code; and WHEREAS, it is prudent as a matter of general policy and well accepted as a matter of zoning practice under the principles of "zoning in progress°' and equitable estoppel that, when enacting a new zoning code, the City should provide an interim period during which applications that are inconsistent with the proposed new regulations are not processed until the new regulations are in place, so long as applicants have notice of the intent of the City to enact a new zoning code or amend the zoning code; as a result thereof and WHEREAS, the City of Miami finds it necessary and appropriate to adopt transitional development approval requirements involving the applicability of equitable estoppel in order to prevent or, at minimum, reduce incompatible development within the City of Miami during the time the City finalizes, conducts the necessary public hearings, and adopts the new zoning code and makes the other Code changes as are required by law or are otherwise in the best interests of the City and its residents; and, WHEREAS, the City of Miami Planning Advisory Board (PAB) considered this item at its April 18, 2007 meeting, Item No.2 and by a vote of six to three (6-3) recommends APPROVAL to amend Zoning Ordinance No. 11000 as hereinafter set forth, and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning Ordinance as hereinafter set forth. City of Miami Page I of 7 Printed On; 6/20/2007 Fite iv'umber.' 06-00366z! NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: 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. follows: {1} The City of Miami Zoning Ordinance is hereby amended by amending Article 21 as "Article 21 Administration, Enforcement: Violations, and Penalties * Sec. 2105. Status of applications for development permits. 2105.1. Status of development permits issued prior to the effective date of Zoning Ordinance No. 1100 (September 4, 1990). * 2105.4.2. Construction, use, and occupancy. If actual construction is not under way, and previous issued building permits or certificates of use or occupancy have expired or become void, new building permits or certificates of use or occupancy shall be required and shall be in accord with any new regulations established by the amendment of this ordinance. 2105.4.3. Occupancy or use not involving pending building permits. Where certificates of use or occupancy do not relate to a pending building permit, unless such use or occupancy has been established prior to the effective date of this ordinance or its amendment which would prohibit such occupancy or use, such certificates shall become void, and new certificates, conforming to the new regulations, shall be required. * 2105.5. Interim Protection Measures providing for Zoning In Progress as to applications for development permits, as defined herein, under Ordinance No. 11000 when Ordinance No. 11000 is in the process of being replaced by a new zoning code. 2105.5.1. Intent It is intended and hereby expressly provided that except as provided for below and except for Class 1 special permits and certificates of occupancy, no development permits including, without limitation, special permits, special exceptions, building permits, variances, rezoning or certificates of use and ail other applications or requests for project approval (collectively „development permits"), shall be granted to any property owner or lawful representative thereof for structures or activities within structures during the interim period between the time that a new zoning code (or any amendment relating to a new zoning code) prohibiting such structures or uses are either recommended for approval by the Planning Advisory Board ("PAB °'), or adopted on first reading by the City Commission, whichever occurs first, and the time that they take effect. City of Miami Page 2 of 7 Printed On: 6/20/2007 File Number: Q6-0Q365z! An Interim Protection Measure is hereby created in order to allow a new zoning code to be properly considered prior to the approval of new applications for development that will be prohibited as a result of the adoption of the new zoning code. Under this section a new zoning code shall include and mean, without limitation, its associated atlas or any amendment to a city zoning code related to the enactment of a new zoning code. These interim protection measures shall only apply to quadrants of the city, or the entire city, as the case may be, when such quadrants are under consideration for the implementation of a new zoning code. The quadrant boundaries, referenced herein and incorporated by reference, shall be delineated on a map available to the public at the City Clerk's office and by the Director of the Planning Department. 2105.5.1.1. Notification. The City shall publish a written notice in a newspaper of general circulation at least ten (10) days prior to the consideration of any new zoning code (or any amendment to a city zoning code related to a new zoning code) by the Planning Advisory Board, or city commission, whichever occurs first. This date of publication is the date of notification under this section of a pending "Zoning in Progress". The written notice shall state that it is a "Notice of Zoning in Progress". 2105.5.1.2. Interim Protection Measures. From the date that either the Planning Advisory Board ("PAB") recommends approval of a new zoning code (or any amendment to a zoning code related to a new zoning code), or from the date the city commission at first reading, adopts a new zoning code (or any amendment related to a new zoning code), whichever occurs first, and for a period of one hundred eighty (180) days thereafter unless dissolved earlier by the city commission, no application for special permit, special exception, building permit. variance, rezoning (including amendments to the zoning atlas of the city), certificate of use, or any other application for development permit (excluding Class l special permits and certificates of occupancy) shall be approved by the city for any structure or use that may be prohibited by such proposed amendment or new zoning code. Applications may only be accepted and approved for structures and uses that are not affected by the particular amendment(s) related to a new zoning code or new zoning code, and which conform in all respects thereto. During the 180 days referenced above, while a new zoning code (or any amendment related to a new zoning code) are being considered, the city will receive applications to be held by the zoning administrator until such time that the new proposed regulations are either adopted, reiected or abandoned by the city commission, or until such time that the 180 day period referenced herein lapses. Each proposed ordinance consisting of a new zoning code (or any amendment related to a new zoning code) shall be considered a separate ordinance for the purposes of this section. Therefore, all applications for development approval received and held under these interim protection measures shall be time and date stamped by the zoning administrator so that a record is kept of when such applications were received; if the city proposes another amendment subsequent to the date and time stamp on an application for development approval already being held, the new proposed amendment will not start a new 180 day time period on pending applications. In the event that the city commission adopts the new zoning code (or any amendment related to the City of Miami Page 3 of 7 Printed On: 6/20/2007 ?� Number; O6-0O366zt new zoning code), the zoning administrator will return all applications received during the period of time covered under this section which do not conform to such new codes: in the event the city commission rejects the new codes: the zoning administrator will accept for processing any application received during the period of time covered under this section; in the event the city commission withdraws or abandons the new codes, the zoning administrator will accept for processing any application received during the period of time covered under this section; and, in the event the city commission fails to act on the new codes within the 180 days allotted above (from the date as specified in 2105.5.1.2.1 the zoning administrator will accept for processing any application received during the period of time covered under this section. 2105.5.1.3. Applications filed prior to the date of recommendation for adoption or adoption at first reading. Any property owner or lawful representative thereof who, prior to the beginning of the 180 day period established pursuant to 2105.5.1.2, earliest date in which: PAB recommends for adoption, or City Commission adopts, as applicable, has properly filed a complete application for a development permit(s) with the appropriate city department, is hereby authorized to proceed with such application(s) regardless of the subsequent repeal of regulations relevant to such requested activity, unless the contrary is specifically decreed. The term complete application shall mean an application that meets the requirements of this code including Articles 15, 16, 17, 19 and section 2502, as amended, and includes the customary and usual documentation, reports, forms and materials which are to be submitted in the city for the special permit, special exception, variance, rezoning, amendments to the zoning atlas, certificate of use, or building permit, as may be applicable. The City shall maintain development permit application forms that provide the documentation required for each type of development permit in order to be determined complete. In no case shall an application be accepted or modified subsequent to the effective date of an ordinance which precludes the approval or action applied for. An applicant for a development permit shall be allowed to make nonsubstantial changes to an approved Class II, Special Exception or Major Use Special Permit, as provided in Articles 15, 16 and 17 of this ordinance, or changes to other development permit applications as a result of the City`s review of the application. In the case of approved special permits and variances, development permits may be accepted and approved by the city for such subordinate development activity covered by and included in the scope of such approved special permit or variance (i.e. if a special permit requires re -platting, such activity will be allowed under the scope of the special permit). The necessary building permit(s), certificate(s) of use or other development permits, whichever is first required, when reviewed under expired regulations, shall be obtained: a) Within one hundred eighty (180) days of the date of the complete application for all development permits for which no specific time frame is given in this subsection; or within ninety (90) days of the effective date of the new ordinance, whichever is greater; time extensions for periods not to exceed ninety (90) days shall be granted by the zoning administrator for development permits that are actively within the review process; actively within the review process shall mean that the pending application has received comments from at least one of the building department disciplines and the applicant is in the process of making City of Miami Page 4 of 7 Printed On: 6/20/2007 File Number: 06-OQ3£6zt required changes to the pending application in order to satisfy such building department commentls);. b) Within one year from the effective date of Class II special permit, special exception, or variance a royal b the appropriate de artment or final ublic hearin a roval, as the case ma be: or within ninety (90) days of the effective date of the new ordinance, whichever is greater; time extensions for periods not to exceed ninety (90) days shall be granted by the zoning administrator for development permits that are included within the scope of the approved special permit. or variance for associated development permits that are actively within the review process: actively within the review process shall mean that the pending application has received comments from at least one of the building department disciplines and the applicant is in the process of making required changes to the pending application in order to satisfy such building department comment(s); c) Within six (6) years from the final public hearing approval by the City Commission for major use special permits, provided that time extensions (non -substantial modifications) are granted as provided for in Article 17: and d) For subsequent phases of an approved phased project (beyond phase I), within six (6) years from the issuance of a building permit for phase I of said approved phased project; and no more than subsequent six (6) year periods between additional phases; subsequent six year periods shall be counted from the issuance of a building permit of each phase to the issuance of a building permit on the subsequent phase(s). No further extensions may be granted beyond these time periods and permissible extensions referenced above. In the event an appeal or challenge to a decision on a development permit or order is taken to the courts, the time limitations specified above shall commence from the date the final decision is rendered in court of competent jurisdiction or an appellate court, as applicable, on the development permit or order that is the subject of the appeal or challenge. 2105.5.4 Exemptions. Nothing in 2105.5 shall apply to: (i) an application, permit or development by a governmental agency for a Gil (Government and Institutional Use) project as those terms are defined by the Zoning Ordinance; (ii) a Development of Regional Impact authorized pursuant to Section 380.06, Florida Statutes, as amended, prior to the effective date of this amendment; or (iii) proposed amendments to Chapter 23, City Code, as amended, entitled "Historic Preservation," as the interim protection measures applicable to such proposed amendments are set forth in that chapter; or (iv) a Development authorized pursuant to the Florida Local Government Development Agreement Act, Section 163.3221. et. seq., Florida Statutes, as amended. 2105.5.5. Scope. City of ,Miami Page 5 of 7 Printed On: 6/20/2007 i?e NU1rJbGr: 06-00366zt A determination that a completed application as provided herein has been made prior to the notice of publication for the new zoning code (or any amendments related to the new zoning code) shall not limit the applicability of other ordinances, rules and regulations of the City of Miami, nor shall it entitle the applicant to any development resolution, permit, or other action by the city related thereto which is not expressly exempted or which is found to be not applicable pursuant to the provisions of this section. Sec. 2107. Permits or certificates of use or occupancy granted in error do not authorize violation of ordinance; corrections required. A permit or certificate of use or occupancy, or other city approval subiect to this section, issued in error shall not confer any rights to construction, use, or occupancy, and upon a finding that a permit has been so issued, it shall be revoked, provided actual permitted construction has not commenced. No permit or certificate of use or occupancy, or other city approval subiect to this section, shall be deemed or construed to authorize violation of any provisions of this zoning ordinance, and such permits or certificates shall be deemed or construed to be valid only to the extent that the work authorized is lawful. Issuance of a building permit based upon plans shall not prevent the zoning administrator and/or building official from requiring thereafter correction of errors in such plans. Issuance of a certificate of use based upon application shall not prevent the zoning administrator from requiring correction of the application or of any violation of the use regulations of the district. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. 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 5. This Ordinance shall become effective ten (10) days after approval at second reading, unless vetoed by the Mayor within ten 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. APPROVED AS TO FROM AND CORRECTNESS: ,JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: City of Miami Page 6 of 7 .Printed On: 6,20/2007 File l rrnber_: Q6-0O366zt {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 7 of 7 Printed On: 6/20/3007