Ordinance 93-2866 ORDINANCE NO. 93-2866
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665,
AMENDING SECTION 14, ENTITLED "CHANGES AND
AMENDMENTS" BY ADDITION OF SUBSECTION 14-8,
ENTITLED "PROPOSED COMPREHENSIVE PLAN
AMENDMENTS-PLANNING-IN-PROGRESS MORATORIA ON
PERMITS AND APPROVALS", PROVIDING FOR
MORATORIA REGARDING THE GRANTING OF APPROVALS
AND BUILDING PERMITS WHICH WOULD BE PROHIBITED
BY ENACTMENT OF A COMPREHENSIVE PLAN AMENDMENT
RECOMMENDED BY THE CITY'S PLANNING BOARD;
PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to the requirements of Chapter 163 , Florida
Statutes, the process of amending the City' s Comprehensive Plan
includes Review By the State of Florida Department of Community
Affairs, notice to affected property owners, and public hearings,
all of which may delay passage of a proposed amendment for many
months; and
WHEREAS, in order to prevent the occurrence during this period
of development which would be incompatible with a proposed
amendment, it is necessary to provide for a moratorium on the
granting of approvals and permits for such incompatible development
during this period; and
WHEREAS, the City Commission believes that the restrictions
set forth herein are necessary to the welfare of the citizens of
the City of Miami Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. CREATION OF SUBSECTION 14-8.
That Section 14 , entitled "Changes and Amendments" of City of
Miami Beach Comprehensive Zoning Ordinance No. 89-2665 is hereby
amended by addition of Subsection 14-8 to read as follows:
14-8 PROPOSED COMPREHENSIVE PLAN AMENDMENTS - PLANNING-IN-
PROGRESS MORATORIA ON PERMITS AND APPROVALS
A. Whenever the Planning Board has voted to recommend
in favor of a proposed amendment to the City' s
Comprehensive Plan the City Manager shall issue an
administrative order setting forth the proposed
amendment and establishing a moratorium during
which any City employee, board or department is
prohibited from granting an approval or permit
which would be prohibited, or prohibited without
variances, in the event that the proposed amendment
is enacted by the City Commission.
B. Any administrative order issued pursuant to the
above shall be complied with by all City employees,
boards and departments and shall be effective until
the proposed amendment is enacted or resected by
the City Commission. However, in the event that
the City Commission fails to either adopt a
resolution providing for transmittal of the
proposed amendment to the Department of Community
Affairs or to reject the amendment within 90 days
after a favorable recommendation by the Planning
Board, or fails to enact or reject the amendment
within 120 days after receiving comments on the
transmitted proposed amendment from the Department
of Community Affairs, said administrative order
shall be deemed expired and shall be without
further effect.
C. Notwithstanding subparagraphs A and B above, no
such administrative order shall affect any project
which has a validly issued building permit,
variance approval, or Design Review approval or has
a completed application meeting all submission
requirements submitted for Design Review approval,
Board of Adjustment variance approval, or building
permit approval prior to a vote by the Planning
Board in favor of the proposed zoning amendment.
SECTION 2 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
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SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 4 . EFFECTIVE DATE.
This Ordinance shall take effect on the 7th day of
August , 1993 .
PASSED and ADOPTED this 28th day of July , 1993.
ATTEST:
VICE-MA, O'
AN
CITY CLERK
1st reading 7/14/93
2nd reading 7/28/93
FORM APPROVED
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