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
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~
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.
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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:
~v~
3vl~ E_~
CITY CLERK
1st reading 7/14/93
2nd reading 7/28/93
SWS:scf:\disk2\zonmort.ord
FORM APPROVED
LEGAL DEPT.
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By
b. 2. ~3
Date
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