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HomeMy WebLinkAboutO-13966City of Miami Ordinance 13966 Legislation 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. SPONSOR(S): Commissioner Manolo Reyes 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 City of Miami Page 1 of 3 File ID: 8688 (Revision:) Printed On: 5/15/2025 File ID: 8688 Enactment Number: 13966 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 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. 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 2 of 3 File ID: 8688 (Revision:) Printed on: 5/15/2025 File ID: 8688 Enactment Number: 13966 (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." 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 Page 3 of 3 File ID: 8688 (Revision:) Printed on: 5/15/2025