HomeMy WebLinkAbout2022-002-443_-_Administrative_Moratorium_-_Fueling_Station_-_Adopted.docxORDINANCE NO. 2022-002-443
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, DECLARING ZONING IN
PROGRESS AND IMPOSING A CITYWIDE MORATORIUM ON
THE SUBMISSION, PROCESSING AND ISSUANCE OF ALL
ZONING APPLICATIONS AND/OR PERMITS FOR VEHICLE
FUELING STATIONS AND SALES AS A PERMITTED USE OR
ACCESSORY USE, INCLUDING VARIANCES, SPECIAL
EXCEPTIONS, ZONING DISTRICT CHANGES, MINIMUM
SQUARE FOOTAGE REQUIREMENT CHANGES,
MODIFICATIONS OR ELIMINATION OF CONDITIONS,
RESTRICTIONS OR LIMITATIONS FOR A 180-DAY PERIOD;
PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY
AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR
PENALTIES; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and
Chapter 166 of the Florida Statutes, the City of Miami Gardens is authorized and required
to protect the public health, safety and welfare of its citizens and has the power and
authority to enact regulations for valid governmental purposes that are not inconsistent
with general or special law, and
WHEREAS, it is in the City’s public interest to make a comprehensive
determination as to whether the City’s existing regulations relating to the locations of
vehicle fueling stations and sales as a permitted use or accessory use are appropriate,
and
WHEREAS, a citywide moratorium is requested to allow Staff time to research,
study to make that determination, and
WHEREAS, during the moratorium, there will be no acceptance, processing, and
issuance of zoning applications and/or permits for vehicle fueling stations and sales as a
permitted use or accessory use, including variances, special exceptions, zoning district
changes, minimum square footage requirement changes, modifications or elimination of
conditions, restrictions or limitations acted upon by a City department, unless otherwise
specifically provided herein, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
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Ordinance No. 2022-002-443
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2: PURPOSE: the purpose of the Ordinance is to allow Staff sufficient
time to review, study, hold public hearings, and prepare and adopt amendment(s) to the
Land Development Regulations and/ Code of Ordinances, regarding whether the
regulations relating to the locations of vehicle stations and sales as a permitted use or
accessory use are appropriate. During this 180-day period, there will be no acceptance,
processing, and issuance of zoning applications and/or permits for vehicle fueling stations
and sales as a permitted use or accessory use, including variances, special exceptions,
zoning district changes, minimum square footage requirement changes, modifications or
elimination of conditions, restrictions or limitations acted upon by a City department,
unless otherwise specifically provided herein.
Section 3: ZONING IN PROGRESS: The City Council hereby declares zoning in
progress as it relates to the processing of any applications and permits relating to vehicle
fueling stations and sales as a permitted use or accessory use. All affected property and
business owners are placed on notice with respect to these pending regulations and the
actions being taken by the City.
Section 4: ESTABLISHMENT OF TEMPORARY MORATORIUM: A citywide
moratorium on the submission, processing and issuance of zoning applications and/or
permits for vehicle fueling stations and sales as a permitted use or accessory use,
including variances, special exceptions, zoning district changes, minimum square footage
requirement changes, modifications or elimination of conditions, restrictions or limitations
within the City during the term of the moratorium is hereby established for a period of 180
days from the effective date of this Ordinance. The moratorium is subject to the provisions
of Section 5 herein. Except as otherwise provided herein, no department of the City shall
accept, process and issue any zoning applications and/or permits for vehicle fueling
stations and sales as a permitted use or accessory use, including variances, special
exceptions, zoning district changes, minimum square footage requirement changes,
modifications or elimination of conditions, restrictions or limitations unless provided herein
during the term of the moratorium hereby established.
Section 5: EXEMPTIONS: This moratorium shall not affect the issuance of permits
for existing vehicle fueling stations and sales needing to make repairs or improvements,
or for those vehicle fueling stations and sales that have already been applied for by way
of an application submitted to the appropriate City Department for a permit or approval.
Section 6: SUBMITTAL OF APPLICATIONS. Beginning upon the effective date of
this Ordinance, an applicant for any zoning permit or application including for variances,
special exceptions, zoning district changes, minimum square footage requirement
changes, modifications or eliminating conditions, restrictions or limitations related to
vehicle fueling stations and sales as a permitted use or accessory use shall be required
to disclose its intention within its application. In the event that it is determined by the City
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Ordinance No. 2022-002-443
that an applicant has failed to disclose its intent to establish a fueling station or apply for
variances, special exceptions, zoning district changes, minimum square footage
requirement changes, modifications or eliminating conditions, restrictions or limitations,
the City shall be authorized to enforce this Ordinance by the methods set forth in Section
8.
Section 7: STUDY: The City Manager as well as such other departments of the
City, as the City Manager shall deem appropriate shall continue to study regulations
relating to the locations of vehicle fueling stations and sales as a permitted use or
accessory use and shall present proposed amendments to the Land Development
Regulations and/or Code of Ordinances to the City Council.
Section 8. PENALTIES: This moratorium may be enforced by the following
methods of enforcement: (a) revocation or temporary suspension of any development
permits, development orders, certificates of occupancy and/or licenses, including
certificates of use and business tax receipts; or (b) by an action for injunctive relief, civil
penalties or both, through a court of competent jurisdiction; or (c) By any other process
permitted by law including, but not limited to code enforcement action.
Section 9. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 10. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 11. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a part
of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 12. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 8th DAY OF DECEMBER, 2021.
PASSED ON SECOND READING ON THE 9th DAY OF FEBRUARY, 2022.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON FEBRUARY 9, 2022.
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Ordinance No. 2022-002-443
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER AND SONJA DICKENS,
CITY ATTORNEY
Moved by: Vice Mayor Leon
Seconded by: Councilman Stephens
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Leon Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
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