HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
Emergency
File ID: #8688
Date: 02/25/2021
Commission Meeting Date: 02/25/2021
Type: Ordinance
Subject: Emergency Ordinance - Pilot
Program for Vaccination Sites
Budget Impact Analysis
Item has NO budget impact
City Commission
Legislative Division
Office of the City Attorney
Office of Management and Budget
Office of the Mayor
Office of the City Clerk
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Nicole Ewan
Valentin J Alvarez
Rachel Dooley
Leon P Michel
Mayor's Office
City Clerk's Office
Barnaby L. Min
Victoria Mendez
City Clerk's Office
Reviewed B
Requesting Department: City
Comm ission
Sponsored By: Manolo Reyes
District Impacted: Various
Meeting Completed
Legislative Division Review Completed
ACA Review Completed
Budget Review Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
Deputy Attorney Review Completed
Approved Form and Correctness Completed
Rendered Completed
02/25/2021 9:00 AM
02/26/2021 10:42 AM
02/26/2021 11:14 AM
02/28/2021 1:14 AM
03/08/2021 7:09 PM
03/08/2021 7:23 PM
03/09/2021 7:54 AM
03/10/2021 7:00 PM
03/11/2021 6:52 AM
City of Miami File ID: 8688 (Revision:) Printed On: 5/15/2025
City of Miami
Legislation
Ordinance
Enactment Number:13966
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8688 Final Action Date: 2/25/2021
(4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AMENDING CHAPTER 62/ARTICLE XIII/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/RESERVED," BY
ESTABLISHING A PILOT PROGRAM TO PROVIDE FOR AN AUTOMATIC
WAIVER OF THE NUMBER OF TEMPORARY EVENT PERMITS AND
TEMPORARY USE PERMITS ISSUED FOR NOVEL CORONAVIRUS
VACCINATION AND TESTING SITES; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
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") to be issued by the Zoning Department for
temporary uses and occupancies that that are not expected to last more than three (3) years;
and
WHERAS, the TUP can be extended administrative by the Zoning Department yearly;
however, any waiver beyond three (3) years requires City Commission approval; and
WHEREAS, the City of Miami ("City"), like every other community 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 land and parking lots and are required to comply with the City's TUP and
Temporary Event Permit ("TEP") regulations, which includes waiving the event and time
limitations set forth in the City Code; and
WHEREAS, the City, Miami -Dade County, and the State of Florida are currently still
under emergency orders and the distribution of vaccine 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 emergency situation with numbers of hospitalizations,
positive testing, and variant virus strains in our community and a pilot program to streamline the
TUP process is in best interest of the health, safety, and welfare of the community; and
City of Miami File ID: 8688 (Revision:) Printed On: 5/15/2025
WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission,
by a majority vote, hereby deems this Ordinance to be of an emergency nature; and
WHEREAS, pursuant to Section 166.041(3)(b), Florida Statutes, the City Commission
finds that this emergency ordinance is necessary on the grounds of an urgent need for the
continuity of services for City residents and for the preservation of health, safety, welfare, or
property of the public;
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:1
"CHAPTER 62"
PLANNING AND ZONING
ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED
Sec. 62-526. Reserved 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.
(e) Any site that is found in violation of the City Code, the Miami 21 Code, or the Florida
Building Code shall have its TUP or TEP revoked.
This Section will sunset on February 24, 2022 unless this Section is earlier repealed by the
City Commission or the City Commission extends the program."
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 File ID: 8688 (Revision:) Printed On: 5/15/2025
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Emergency Ordinance is declared invalid, the remaining provisions of this Emergency
Ordinance shall not be affected.
Section 4. This Emergency Ordinance shall become effective immediately after final
reading and adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 3/10/2021
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 File ID: 8688 (Revision:) Printed On: 5/15/2025