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HomeMy WebLinkAboutItem #16 - OrdinanceP • ORDINANCE NO: 0, ORDINANCE AMENDING CITY OF MIAMI CODE, PROVIDING FOR MORATORIA ON THE ISSUANCE OF BUILDING PERMITS FOR THE PURPOSE OF PROTECTING COMMUNITY DEVELOP- MENT: PROVIDING FOR ADMINISTRATIVE MORATORIA: PROVIDING FOR PUBLIC HEARINGS TO DETERMINE THE REASONABLE NECESSITY OF MORATORIA: PROVIDING FOR EXTENSIONS OF MORATORIA, AFTER PUBLIC HEARING. WHERE REASONABLY NECESSARY: PROVIDING FOR TERMINATIONS OF MORATORIA: PROVIDING FOR THE ISSUANCE OP' BUILDING PERMITS FOR NON -DELETERIOUS STRUCTURES DURING MORATORIA: PROVIDING FOR INCLUSION IN THE CITY OF MIAMI CODE: PROVIDING A SEVERABILITY CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS. the zoning ordinances of the City of Miami are predicated on a com- prehensive plan, and are designed to lesson congestion in its streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to promote adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate transportation, water, sewage treatment, schools, parks and other public requirements; and WHEREAS. the continual process of growth and change within the City of Miami requires the continuing analysis of living, working and production conditions; and WHEREAS, the continual flux of social patterns in the urban community often requires intensive restudy of areas of the community; and WHEREAS, the changing social patterns often cause existing zoning districts to become outdated, inequitable, unbalanced and inappropriate as applied; and WHEREAS, it is in the public interest to make a comprehensive determination as to whether existing zoning districts are appropriate, where it appears that changing social patterns have cast doubt on their propriety; and WHEREAS, it is unreasonable to allow the issuance of building permits in areas where environmental considerations and changing social patterns have cast doubt on the propriety of existing zoning districts as applied thereto; and WHEREAS, the health, safety, and welfare of the people of the City of Miami cannot be fully protected without the establishment of a procedure for unhindered review of the propriety of zoning classifications as applied. NOW 'THEREFORE' BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF MIAMI PURSUANT TO CHARTER OF THE CITY OF MIAMI. FLORIDA. Section 1. Chapter , Code of the City of Miami, Florida is hereby amended by adding the following sections thereto: "Section . Administrative Building Moratoria. (a) Whenever it shall be made to appear to the City Manager that it is in the public interest to make a comprehensive determination as to whether existing municipal zoning districts applying to a portion of the area of the City of Miami 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 City 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 Miami municipal personnel and shall be effective until reversed, modified or superseded by order of the City Commission. (c) Immediately upon issuance of any administrative order pursuant to subsection (a) the City Manager shall notify the Clerk of the City Commission, whose duty it shall then be to place the matter before the City Commission as soon as is reasonably practicable for the calling of a public hearing. (d) After being notified by the Clerk, the City Commission shall call a public hearing at the earliest practicable time with reasonable notice by publication in a newspaper of general circulation in Dade ` A4tf 'lfej ! ,""fi►T 7 • ,5"-= ;2 sr C"-a27 (e) At the public hearing the City Commission shall inquire into the propriety of a building moratorium and may reverse. modify. continue in effect, or supersede any moratorium order previously issued. The action of the City Commission shall be predicated upon the reasonable necessity for a detailed compre- hensive analysis of the area in question and the probability of detriment to the character of the area by the eentinued application of the existing stoning districts. Should the City Commission determine that a building moratorium in reasonably necessary, it shall order the same and direct that no building permits be issued within the affected area. The board's order shall fix a time within which the City Manager shall report back to the board with his recommendations 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 compre- hensive analysis of the area. Should the City Manager be unable to report to the board within the time prescribed by its moratorium order, upon timely request by the City Manager, the Commission may reasonably extend the time limitation for a period not exceeding 15 days. Upon notification by the City Manager that he is prepared to submit his recommendations relating to the affected area, the City Comm- ission shall can a public hearing thereon at the earliest precticabte time. after reasonable notice by publication in a newspaper of general publication in the City of Miami. After said public hearing the commission shall make its determination as to whether the zoning districts in question shall remain the same or dbalt be changed. Should the Commission determine that said zoning districts shall remain the same. it shall immediately issue its order termina- ting the building moratorium. Should the Commission determine that said 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 Code of the City of Miami for such changes. (f) (g) (b) (i) Upon the completion of all zoning district changes relating to the affected area. the board shall issue its order terminating the building moratorium. "Section . Other Building Moratoria. (a) Should any individual resident, or any firm or corporation authorized to do business in the City of Miami or any department agency or board thereof make written application to the City Manager for the issuance of an administrative order provided by Section , Code of the City of Miami and the City Manager refuses to issue such order, or fails to take action thereon within thirty days, such person may make written application to the City Commission for the issuance of a building moratorium by that board. Such application to the board shall be filed with the Clerk of the City Commission whose duty it shall be to place the matter beibre the City Commission as soon as is reasonably practicable for the Commission's determination as to whether a public hearing shalt be called thereon. The City Manager and the applicant shall be notified by the Clerk of the date. time and the place of the meeting at which application shall be considered by the City Commission. (b) In the event the Commission determines that a public hearing should be held to consider whether a building moratorilson should be imposed, it shalt call the same for the earliest practicable date and give reasonable notice thereof by publication in a newspaper of general circulation in the City of Miami. Pending such public hearing the board 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 subsection (a) and (b) above. is that set forth in Section of the Code of the City of Miami. r• r n • f "Section . Exceptions. Notwithstanding the issuance of any moratorium order, the City Manager or his designee may authorise the issuance of building permits for non -deleterious items including, but not limited to, fences, repairs and like matters, where he or his designee determines that such permit will not affect the outcome of the planning study. "Section . Variances, Special Exceptions and Zoning Changes. During the existence of any building moratorium, no appli- cations for variances, special exceptions or zoning district changes within the affected area shall be acted upon by any county agency, except as provided in Section Section 2. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami, Florida. The sections of this ordinance may be renumbered or retettered to accomplish such intention, and the work "ordinance" may be changed to "section," article", or other appropriate wot d. Section 3. Severability. If any section, subsection, sentence, clause or provision of this ordiance is held invalid, the remainder of this ordinance shall not be affected thereby. Section 4. Effective Date. The provisions of this ordinance shall become effective immediately upon enactment. PASSED AND ADOPTED Approved by City Attorney as to form and legal sufficiency. 7