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BACKGROUND AND ANALYSIS:
PLANNING ADVISORY BOARD
CITY COMMISSION
PLANNING FACT SHEET
FILE ID: 06-00366zt
City of Miami Planning Department
April 18, 2007
Consideration of amending Articles 21, Section 2105 of
Zoning Ordinance 11000, Status of Application for
Development Permits or Certificates of Occupancy,
as amended.
Consideration of 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 repealer provision and a severability clause;
and providing for an effective date.
Approval.
This will amend Article 21, Section 2105.4 of the Zoning
Ordinance 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
repealer provision and a severability clause; and providing
for an effective date.
(See attached frequently asked questions for further
information).
Item #2 VOTE:
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1400
Date: 4/9/2007 Page 1
ZONING IN PROGRESS
Frequently Asked Questions
Q: What is zoning in progress?
4/5/07
A: It is an interim protection measure, or a pause button, on the City of Miami's
review and approval of applications for new development. The measure is in effect
while the City Commission considers the adoption of a new zoning code which if
adopted may not allow the requested uses or structures that are requested in the
new applications.
Applications for such proposed prohibited uses or structures will be received by the
city after the zoning on progress ordinance takes effect, however, they will not be
processed through zoning review until the time limits of the zoning in progress
ordinance have lapsed.
Q: When does zoning in progress go into effect?
A: The City of Miami has proposed the effective date to be the date on which the
new zoning code is either recommended for approval by the Planning Advisory
Board or adopted on first reading by the City Commission, whichever occurs first.
Q: Is this a moratorium?
A: A zoning in progress ordinance is not like a moratorium in that it does not stop
the city from accepting all applications for development. Any development
application that complies with, or is not affected by the proposed zoning ordinance
amendment, will be accepted and processed as normal. In addition, this interim
protection measure includes a pre -established maximum time limit, not to exceed
180 days, in which the city commission must act on the proposed zoning ordinance
amendment, or else all applications that have been held under the ordinance will be
released and processed as normal, whether they co_mply with theiiew zon-i-ng—
ordinance amendment or not.
Q: What happens if I file an application for development prior to the zoning in
progress date established in the zoning in progress ordinance?
A: If the application is not affected by the proposed code amendments, then the
application is accepted and processed as normal. If you have filed an application
that would be affected by the proposed code amendments but it was filed prior to
the zoning in progress effective date, then the application is accepted and processed
as normal. However, once the approval is obtained, the permit must be obtained
within certain specified time limits, depending on the particular type of permit
being sought.
Q: If my application is processed for approval under the zoning in progress
ordinance, how long will I have to get a building permit?
A: 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 required changes to the
pending application in order to satisfy such building department comment(s);
-One year from the eTfective date of Class II special permit, special exception, or
variance approval by the appropriate department, or final public hearing approval,
as the case may be; or within ninety (60) 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);
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
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).
Q: What if I don't get my building permit on time?
A: Then the application for development permit will have to be modified to meet the
newly adopted regulations; the plans will be rejected by zoning.
Q: What if I don't get my application for development filed prior to the zoning in
progress date established in the zoning in progress ordinance?
A: If the application is not affected by the zoning ordinance amendment in question,
then it is accepted and processed as normal.
If the application is filed after the effective date of zoning in progress, and is affected
by the zoning ordinance amendment in question, then it is received by the City of
Miami's Zoning Administrator and time and date stamped. All applications for
uses and structures which would not be permitted by the proposed zoning ordinance
amendment will be held by the Zoning Administrator until such time that the City
Commission acts on the proposed amendment. If the amendment is adopted prior
to 180 days, all such applications will be returned to the applicants; if the
amendment is rejected by the City Commission, all applications being held will be
accepted and processed as normal; and if the City Commission fails to act within
180 days, then all applications being held will be accepted and processed as normal.
Q: How long can my application for development be held without processing while a
new ordinance is being considered by the City Commission?
A: No longer than 180 days from the effective date of the particular zoning in
progress date established in the ordinance.
Q: If I file an application for development that is held because it is affected by a
proposed new ordinance, and then another new ordinance is proposed by the City
Commission prior to the 180 days established for the first ordinance, am I subject to
another 180 day wait because of the second ordinance?
A: No; each new ordinance is independent of the other and the effective zoning in
progress date is particular to each ordinance. A second 180 day wait for an
application filed under the first proposed ordinance will not be added because of a
second proposed ordinance. An application received when a proposed ordinance
starts the 180 day clock are time and date stamped in order for the City of Miami to
know when it came in, so that it is only held up for the ordinance amendments filed
prior to the receipt date of the development application. If a new ordinance
amendment is proposed, it will have its own effective zoning in progress date based
on the PAB action or commission adoption.
aR•
City of Miami
Legislation
Resolution
City Hall
600 Pan American
Drive
Miami, FL 33133
www.miamigov.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
REPEALER PROVISION AND 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 amending the zoning code, or 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 amend the zoning code; 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 2007 meeting, Item No. and by a vote of _ to _ has
recommended the adoption of this item to the City of Miami City Commission; 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 1 of 7 Printed On: 4/9/2007
File Number. 07-00199mu
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. The City of Miami Zoning Ordinance is hereby amended by
amending Article 21 as follows: {1}
"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 Measuresprovidinq 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 I 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 all other applications or requests
for proiect 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 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.
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File Number: 07-00199mu
An Interim Protection Measure is hereby created in order to allow a new or amended
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. A
new zoning code shall include its associated atlas.
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 land development regulation by the
Planning Advisory Board, or city commission, whichever occurs first. This date of
publication is the date of notification under subsection 2105.5 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 from the date the city commission at first reading, adopts a new
zoning code, whichever occurs first, and for a period of one hundred eighty (180) clan
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 I 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 regulation. Applications may only be accepted and approved for
structures and uses that are not affected by the particular amendment(s) or new zoning
code, and which conform in all respects thereto.
During the 180 days referenced above, while a new zoning code regulations 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, rejected or abandoned
by the city commission, or until such time that the 180 day period referenced herein
lapses.
Each proposed ordinance consisting of an amendment to the 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 protections
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 regulations, the zoning
administrator will return all applications received during the period of time covered under
this section which do not conform to such new regulations. in the event the city
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File Number: 07-00199mu
commission rejects the new regulations, 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 regulations, 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 regulations within the 180 days allotted above (from the date as specified in Section
2105.5.1.2.) 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 section 2105.5.1.2, earliest date in which: PAB
recommends for adoption, or City Commission adopt, 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
Articles 15, 16, 17, 19 and section 2502 of this Code, 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 Citv'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
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File Number: 07-00199mu
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);
b) Within one year from the effective date of Class II special permit, special
exception, or variance approval by the appropriate department, or final public
hearing approval, as the case may 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
com ment(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 G/I
(Government and Institutional Use_) project as those terms are defined by the
Zoning Ordinance;
(ii) a Development of Regional Impact authorized pursuant to Chapter 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
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File Number: 07-00199mu
(iv) a Development authorized pursuant to the Florida Local Government
Development Agreement Act, Section 163.3221, et. seq., Florida Statutes.
2105.5.5. Scope.
A determination that a completed application as provided herein has been made prior to
the notice of publication for the new land development regulations 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 subject to this section,
issued in error shall not confer any rights to construction, useor 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:
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File Number: 07-00199mu
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{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.
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