HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 13952
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 7, SECTION
7.2, TITLED "NONCONFORM ITIES- STRUCTURES; USES; LOTS; SITE
IMPROVEMENTS; AND SIGNS", TO PROVIDE FOR
REESTABLISHMENT OF SPECIFIC -PURPOSE DESIGNED
STRUCTURES THAT ARE LOCALLY DESIGNATED HISTORIC SITES
OR CONTRIBUTING STRUCTURES IN A HISTORIC DISTRICT FOR
THE USES IN WHICH THEY WERE DESIGNED; MAKING FINDINGS;
CONTAINING A SEVEFRABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
APPLICANT(S): Arthur Noriega V, City Manager on behalf of City of Miami
PURPOSE: This will amend Article 7, Section 7.2 titled "Nonconformities: Structures;
Uses; Lots; Site Improvements; and Signs" to provide for the refurbishment of specific
purpose designed structures and the uses for which they were designed.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 7,
2020, by a vote of 6-1.
City of Miami File ID: 7920 (Revision: 8) Printed On: 1212312020
City of Miami City Hall
Legislation 3500 Pan Ameican Drive
Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:13952
File Number: 7920 Final Action Date: 12/10/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 7, SECTION
7.2, TITLED "NONCONFORM ITIES- STRUCTURES; USES; LOTS; SITE
IMPROVEMENTS; AND SIGNS", TO PROVIDE FOR REESTABLISHMENT
OF SPECIFIC -PURPOSE DESIGNED STRUCTURES THAT ARE
LOCALLY DESIGNATED HISTORIC SITES OR CONTRIBUTING
STRUCTURES IN A HISTORIC DISTRICT FOR THE USES IN WHICH
THEY WERE DESIGNED; MAKING FINDINGS; CONTAINING A
SEVEFRABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on
October 7, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20-
038 by a vote of six to one (6-1), Item No. 3, recommending approval of the proposed text
amendment stated herein; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and
WHEREAS, it is efficient and environmentally sound to allow structures to fulfill their
intended function for their intended lifespan so as not to demolish and discard them
prematurely; and
WHEREAS, it is necessary to examine any prolongation of a non -conforming use in
order to prevent or mitigate against any potential adverse impacts and ensure its compatibility
with its present context; and
WHEREAS, in certain instances, the value of a structure in its context is such that its
preservation merits special consideration; and
WHEREAS, certain uses may offer a benefit to the City of Miami ("City") and its
residents given a particular set of circumstances worthy of consideration and public deliberation;
and
WHEREAS, the City Commission has given full consideration to the Planning Director's
recommendations as to the proposed text amendment stated herein; and
WHEREAS, the City Commission has conducted a public hearing on the proposed text
amendment stated herein; and
WHEREAS, the City Commission has considered whether the proposed text amendment
will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan,
the Miami 21 Code, and other City reaulations: and
City of Miami File ID: 7920 (Revision: 8) Printed On: 1212312020
WHEREAS, the City Commission has considered the need and justification for
the proposed text amendment including changed or changing conditions that make the passage
of the proposed text amendment stated herein necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Article 7 of the Miami 21 Code is further amended in the following
particulars:'
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.2 NONCONFORM ITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS
7.2.6 Nonconforming Uses
a. Time Limitation
Where, at the effective date of adoption or amendment of this Code, a lawful Use exists which
would not be permitted under this Code, the Use may be continued for twenty (20) years from
the date the Use first became legal nonconforming and consistent with the regulations of this
section. The Use shall not be allowed to continue automatically upon expiration of the twenty
(20) years. Upon application, the City Commission may grant by Exception an extension for
continuance of the Use for an additional term of up to twenty (20) years. However, accessory
parking abutting T3-R areas that were approved as transitional Uses under prior zoning codes
and were legally nonconforming prior to the adoption of this Code will not have a continued
automatic twenty-year (20) extension as provided in this section, but shall instead seek an
Exception before the City Commission within sixty (60) days of renewal of a Certificate of Use.
b. Legally established alcoholic beverage establishments, having a valid Certificate of Use or
certificate of occupancy and all other required permits, may continue in existence despite
subsequent establishment of a church or school within the distance limitations of Chapter 4
entitled "Alcoholic Beverages" of the City Code.
c. Replacement and Expansion of Structures that Contain Nonconforming Use
1. No enlargement, extension, replacement, or reconstruction of an existing Structure which
contains a nonconforming Use shall be permitted except to change the Use to a conforming
Use, except as provided below:
1. Interior Arrangement
A nonconforming Use may be extended throughout any parts of a Structure which was
clearly designed or arranged for the nonconforming Use at the time that the Use
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanaed material.
City of Miami File ID: 7920 (Revision: 8) Printed On: 1212312020
became nonconforming. If a portion of a Structure was unoccupied or not manifestly
designed for the nonconforming Use, the Use may not be expanded within the
Structure.
2. Alterations to the extent of less than fifty percent (50%) of the square footage of a
Structure containing a nonconforming Use
Where an alteration of a Structure containing a nonconforming Use is less than fifty
percent (50%) of the square footage of the Structure at the time of alteration, the
nonconforming Use may be permitted to continue pursuant to an Exception.
3. Exterior
No nonconforming Use which exists outside a Structure shall be extended to occupy
more area than was occupied at the time the Use became nonconforming, except as
approved by Exception and to comply with the non Use regulations of the Transect in
which it is located. In this case, the occupancy of the new location shall be construed
as remaining a nonconforming Use.
2. Extending / Transferring the Nonconforming Use
No nonconforming Use shall be extended to occupy any other Structure on the same Lot or
parcel if the other Structure was not used for the nonconforming Use at the time the Use
became nonconforming.
3. Subdivision or structural additions
Structures used for nonconforming Uses shall not be subdivided, nor shall any Structures be
added on the premises, except for conforming Uses and Structures.
d. Discontinuance or Abandonment of a nonconforming Use
If, for a period of more than six (6) months, a nonconforming Use is documented as being
discontinued or a Certificate of Use for a nonconforming Use lapses, any subsequent Use shall
conform to the regulations of this Code. Provided, however, the time period shall not include any
time during which the discontinuance is caused by governmental action which impedes access
to the premises.
e. Exception for specific purpose structures
Structures clearly designed or arranged specifically for a Use or Uses that are no longer in
conformity with the regulations of the Transect Zone in which they are located may be permitted
to reestablish the non -conforming Use or Uses by Exception upon demonstrating said non-
conforming Use or Uses can be rendered compatible with their present context and provided
that the Structure is locally designated as a historic site or is a contributing structure in a historic
district. This process is limited to reestablishing Uses that are currently permitted in the City
under this Code.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance should not be
affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code, which provisions may be renumbered
or relettered and that the word "ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention
City of Miami File ID: 7920 (Revision: 8) Printed On: 1212312020
Section 5. This Ordinance shall become effective ten (10) day after its adoption by
the City Commission.2
APPROVED AS TO FORM AND CORRECTNESS:
"�n ndeUZCit`y Attor ey 11/512020
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 7920 (Revision: 8) Printed On: 1212312020