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HomeMy WebLinkAboutSample -Village of Key Biscayne ZIP and MoratoriaVillage of Key Biscyne Zoning in Progress and Moratoria Ordinences Sec. 30-73. Administrative building moratoria. (a) Whenever it shall be made to appear to the Village Manager that it is in the public interest to make a comprehensive determination as to whether existing Village zoning districts applying to a portion of the area of Village of Key Biscayne are appropriate, and it is further made to appear to him that the said existing zoning districts may be detrimental to the said area should they continue to remain applicable and building permits be issued predicated thereon, the Village Manager shall immediately issue his administrative order delineating the area in question and prohibiting the issuance of building permits therein. (b) Any administrative order issued pursuant to subsection (a) shall be complied with by all Village of Key Biscayne personnel and shall be effective until reversed, modified or superseded by order of the Village Council. (c) Immediately upon issuance of any administrative order pursuant to subsection (a), the Village Manager shall notify the Clerk of the Village Council, whose duty it shall be to place the matter before the Village Council for consideration and review following a public hearing as soon as is reasonably practicable. (d) The aforesaid Clerk shall give reasonable notice by publication in a newspaper of general circulation in Village of Key Biscayne of the public hearing that he has scheduled before the Village Council. (e) At the public hearing the Village Council shall inquire into the propriety of a building moratorium and may reverse, modify or supersede any moratorium order previously issued. The Council's determination shall be predicated upon the reasonable necessity for a detailed comprehensive analysis of the area in question and the probability of detriment to the character of the area by the continued application of the existing zoning districts. (f) Should the Village Council determine that a building moratorium is reasonably necessary, it shall order the same and direct that no building permits be issued within the affected area. The Council's order shall fix a time within which the Village Manager shall report back to the Council with his recommendation relating to appropriate zoning districts for the affected area. The said time limitation shall be a reasonable one, predicated upon the time needed for a comprehensive analysis of the area. The initial commission moratorium shall be for a period not to exceed 120 days. The Commission, on its own motion or otherwise, may continue any moratorium for a longer period of time if reasonably necessary. This provision is supplemental to subsection (g) hereof. (g) Should the Village Manager be unable to report back to the Council within the time prescribed by its moratorium order, upon timely request by the Village Manager and after public hearing on the need therefor, the Council may reasonably extend the time limitation. (h) Upon the submission of the Village Manager's report and recommendations to the Clerk of the Council, the Clerk shall call a public hearing thereon before the Council at the earliest practicable time, after reasonable notice by publication in a newspaper of general circulation in Village of Key Biscayne. After said public hearing the Council shall make its determination as to whether the zoning districts shall remain the same or shall be changed. Should the Council determine that the zoning districts shall remain the same, it shall immediately issue its order terminating the building moratorium. Should the Council determine that the applicable zoning districts should be changed, or new districts created therefor, it shall issue its order continuing the building moratorium and shall immediately take the actions required elsewhere within the Village of Key Biscayne Code for such changes. Provided, however, where zoning district boundary changes are involved the Village Council shall hear the matters directly without intervening administrative review. (i) Upon the completion of all zoning district changes relating to the affected area, the Council shall issue its order terminating the building moratorium. (j) If any planning study performed by the Department, the Village Council, or a specially hired or appointed Village agency, indicates the necessity for zoning changes, the provisions of sections 30-73 through 30-76 of this Code, may be utilized to restrict the issuance of building permits until such changes have been finally considered by the Village Council. These provisions of sections 30-73 through 30-76 of this Code which anticipate a future planning study are rendered inapplicable to this subsection. (k) An administrative building moratorium shall be imposed upon the occurrence of the following events: (1) As soon as the Village Manager learns that a grand jury has indicted or that an information has been formally returned against a Village Council member charging said Council member with bribery, accepting unauthorized compensation, or other act of fraud in a zoning case relating to a particular parcel or parcels of real property, then the Village Manager shall immediately issue an administrative order identifying the real property in question and prohibiting the issuance of building permits for said property. Such order of moratorium shall remain in effect until the completion of the criminal judicial process and the determination of guilty or not guilty as to the Village Council member involved being reviewed by the highest judicial tribunal to consider the case. Should the Council member be found not guilty, then the administrative order shall be deemed dissolved. Should the Village Council member be found guilty, then a motion to reconsider the zoning on the real property in question may properly be made by any Village Council member. (2) If an order of moratorium is imposed on a parcel or parcels of real property pursuant to this subsection, and the owner or owners of such property request the Village Council to reconsider the zoning on that property, then a motion to reconsider the said zoning may properly be made by any Village Council member. If the motion to reconsider is approved by the Village Council and the reconsideration of the zoning on the said property occurs, then the building moratorium shall end with the conclusion of the reconsideration process delineated below in subsection (3). (3) Upon passage of a motion as provided in subsection (2) above, the Clerk of the Council shall immediately notify the Director. The Village Council shall conduct its reconsideration only after notice of the time and place of the meeting has been first published as provided in section 30-68 herein. The sole issue to be considered by the Village Council shall be whether the present zoning on the subject property is appropriate. In determining this issue, the Village Council shall be guided by the standards andguides specified in this chapter. The Village Council, or where appropriate, the Community Zoning Appeals Council after considering the items delineated herein and the criteria specified in this chapter, shall by resolution either reaffirm the existing zoning or rezone the subject property. (Ord. No. 2000-5, § 2, 5-9-00) Sec. 30-74. Other building moratoria. (a) Should any Person make Written application to the Village Manager for the issuance of an administrative order provided by subsection 30-73(a), Village of Key Biscayne Code, and the Village Manager refuses to issue such order, or fails to take action thereon within 30 days, such Person may make Written application to the Village Council for the issuance of a building moratorium by that Council. Such application to the Council shall be filed with the Clerk of the Village Council, whose duty it shall be to place the matter before the Village Council as soon as is reasonably practicable for the Council's determination as to whether a public hearing shall be called thereon. The Village Manager shall be notified by the Clerk of the date that the matter is to be considered by the Council. The word "Person" as used in this subsection includes, but is not limited to, any individual, firm, corporation, and governmental entity, including the Village Council. (b) Should the Council determine that a public hearing should be held as to whether a building moratorium is appropriate, it shall call the same for the earliest practicable date and give reasonable notice thereof by publication in a newspaper of general circulation in Village of Key Biscayne. Pending the public hearing the Council may issue an order prohibiting the issuance of building permits in the affected area. (c) The procedure to be followed for this section, after the completion of the steps provided in subsections (a) and (b) above, is that set forth in subsections 30-73(e) through (i), Village of Key Biscayne Code. (Ord. No. 2000-5, § 2, 5-9-00) Sec. 30-75. Exceptions to the moratoria. Notwithstanding the issuance of any moratorium order, the Village Manager may authorize the issuance of building permits for nondeleterious items including, but not limited to, fences, repairs and like matters, where he determines that such permit will not affect the outcome of the planning study; provided, however, that with regard to any particular moratorium the Village Council may by ordinance increase or decrease allowable exemptions and may by ordinance provide either a supplemental or exclusive procedure for acting upon requests for exemptions. Such procedure may vest jurisdiction and responsibility for acting upon requests for exemptions in the Village Manager or any Village administrative or quasi-judicial body or Council. (Ord. No. 2000-5, § 2, 5-9-00) Sec. 30-76. Variances, Conditional Uses and zoning changes during a moratorium. During the existence of any building moratorium, no applications for Variances, Conditional Uses, zoning district changes, minimum square footage requirement changes, unusual and new Uses, modifications or elimination of conditions, restrictions or limitations within the affected area shall be acted upon by any Village agency, except as provided in subsection 30-73(h), or section 30-75, or unless otherwise specifically provided by the Village Council by ordinance with regard to a specific moratorium. (Ord. No. 2000-5, § 2, 5-9-00) Sec. 30-77. Administrative zoning moratoria. (a) Whenever it shall be made to appear to the Village Manager that it is in the public interest to make a comprehensive determination as to whether the existing Village master plan as it applies to a portion of the area of Village of Key Biscayne is outdated and of little or no use in formulating correct zoning patterns in relation thereto, or as to whether existing zoning districts are compatible with existing or proposed growth patterns and land Uses, the Village Manager shall immediately issue his administrative order delineating the area in question and prohibiting the consideration by any Village department, Council or agency of any zoning amendment, modification, Variance, Conditional Use or other zoning change, in said area. However, applications for Conditional Uses not involving zoning changes but incorporating requests for Site Plan approval only may be considered and appropriate action taken thereon. (b) Any administrative order issued pursuant to subsection (a) shall be complied with by all Village of Key Biscayne departments, Councils and agencies and shall be effective until reversed, modified or superseded by order of the Village Council. (c) Immediately upon issuance of any administrative order pursuant to subsection (a), the Village Manager shall notify the Clerk of the Village Council whose duty it shall then be to place the matter before the Village Council for consideration and review following a public hearing as soon as is reasonably practicable. The aforesaid clerk shall give reasonable notice by publication in a newspaper of general circulation in Village of Key Biscayne of the public hearing which he has scheduled before the Village Council. (d) At the public hearing the Village Council shall inquire into the propriety of the zoning moratorium and may reverse, modify or supersede the zoning moratorium order previously issued. The Council's determination shall be predicated upon the need for a detailed and comprehensive analysis of the area in question which would enable the Council to correct any deficiencies in the master plan or to provide any changes necessary or desirable in the master plan. (e) Should the Village Council determine that a zoning moratorium pending the preparation of a detailed and comprehensive analysis of the area in question is necessary or desirable, it shall order the continuance of the Village Manager's zoning moratorium order. The Council's order shall fix a time within which the Village Manager shall report back to the Council with his recommendations relating to modifying or correcting the Village master plan as to the affected area. The said time limitation shall be a reasonable one, predicated upon the time needed for a comprehensive analysis of the area by the Village Manager and all planning agencies of the Village. (f) Upon the submission of the Village Manager's report and recommendations to the Clerk of the Council, the Clerk shall call a public hearing thereon before the Council at the earliest practicable time, after reasonable notice by publication in a newspaper of general circulation in the Village of Key Biscayne. After said public hearing, the Council shall either amend the master plan and terminate the zoning moratorium order or, if it finds no amendment in order or necessary, terminate the zoning moratorium; provided, however, the Council may continue the moratorium or any portion thereof for an additional period of time if the Council finds such continuance to be reasonably necessary. (g) Should the Village Manager be unable to report back to the Council within the time prescribed by its moratorium order, upon timely request, by the Village Manager and after public hearing on the need therefor, the Council may reasonably extend the time limitations for the report and the moratorium if the Council finds such extension is reasonably necessary. (Ord. No. 2000-5, § 2, 5-9-00) Sec. 30-78. Other zoning moratoria. (a) Should any Person make Written application to the Village Manager for the issuance of an administrative order as provided by subsection 30-77(a), and the Village Manager refuses to issue such order, or fails to take action thereon within 30 days, such Person may make direct application In Writing to the Village Council for the issuance of a zoning moratorium order. Such application to the Council shall be filed with the Clerk of the Village Council, whose duty it shall be to place the matter before the Village Council as soon as is reasonably practicable for the Council's determination as to whether a public hearing should be called thereon. The word "Person" as used in this subsection includes, but is not limited to, any individual, firm, corporation, or governmental entity, including the Village Council. (b) Should the Council determine that a public hearing should be held on whether a zoning moratorium is appropriate, it shall call the same for the earliest practicable date and give reasonable notice thereof by publication in a newspaper of general circulation in the Village of Key Biscayne. Pending the public hearing the Council may issue an order prohibiting the consideration by any Village department, Council or agency of any zoning amendment, modification, Variance, Conditional Use or other zoning change in said area. (c) The procedure to be followed for this section, after the completion of the steps provided in subsections (a) and (b) above, is that set forth in subsections 30-77(e) and (0. (Ord. No. 2000-5, § 2, 5-9-00) Sec. 30-79. Zoning in progress procedures. (a) During the period of time that a petition for zoning district change or text amendment is under consideration pursuant to the applicable ordinances, no permit or license of any kind shall be issued if such permit or license would result in the nonconforming or unlawful Use of the subject property should the petitioned change be finally enacted by the Village Council. (b) The period of time of such freeze on permits and licenses shall begin on the date of notification for the initial public hearing before the local planning agency and shall continue for a maximum period of six months; provided, however, that such six-month period may be extended for up to an additional six months by resolution of the Village Council where the scope and magnitude of the petition requires additional time for study and deliberation. (Ord. No. 2000-5, § 2, 5-9-00)