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93-2866 Ordinance 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 ~ Whenever the Planninq Board has voted to recommend in favor of a proposed amendment to the ci tv's comprehensive Plan the citv Manaqer shall issue an !h ~ SECTION 2. administrati ve order settinq forth the proposed amendment and establishing a moratorium durinq which any city employee. board or department is prohibi ted from qrantinq 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. 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 reiected bY the city commission. However. in the event that the city commission fails to either adopt a resolution providinq for transmittal of the proposed amendment to the Department of community Affairs or to reiect the amendment within 90 days after a favorable recommendation bY the Planninq Board. or fails to enact or reiect the amendment within 120 days after receivinq 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. Notwi thstandinq subparaqraphs A and B above. no such administrative order shall affect any proiect which has a validly issued buildinq permit. variance approval. or Desiqn Review approval or has a completed application meetinq all submission requirements submitted for Desiqn Review approval. Board of Adiustment variance approval. or building permi t approval prior to a vote by the Planninq Board in favor of the proposed zoninq amendment. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 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: ~v~ 3vl~ E_~ CITY CLERK 1st reading 7/14/93 2nd reading 7/28/93 SWS:scf:\disk2\zonmort.ord FORM APPROVED LEGAL DEPT. --::rl. ) By b. 2. ~3 Date 3