The URL can be used to link to this page

Home My WebLink AboutSubstitution Memo from City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorneygz, ' �84- DATE: December 9, 2020 l// RE: December 10, 2020 Commission Meeting Agenda — Substitution of PZ.2 — Ordinance Regarding Non -Conforming Uses File No. 7920 Item PZ.2 scheduled for second reading on the December 10, 2020 City Commission Agenda is being substituted to remove residential structures from this proposed exception process for reestablishing non -conforming uses, thereby limiting it to historically designated structures, and removing the thirty (30) year term. CC. Arthur Noriega V, City Manager N Miriam Santana, Agenda Coordinator a cC-� o VMBLM/ALK"`' M �w co C3 .7g2o SubsW-k-hon Memo �rOm O-h� f+hrnu-� City of Miami Legislation Ordinance Enactment Number File Number: 7920 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com Final Action Date: 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 REESTABLISHIM OF SPECIFIC -PURPOSE DESIGNED STRUCTURES THAT ARE LOCALLY DESIGNATED HISTORIC SITES OR CONTRIBUTING or" rn STRUCTURES IN A HISTORIC DISTRICT FOR THE USES IN WHICW C-) THEY WERE DESIGNED; MAKING FINDINGS; CONTAINING A n o rn — SEVEFRABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE :1:" 7° �►.=-� = I-rl EFFECTIVE DATE. 3-< o O WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting orr 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 uses in order to prevent or mitigate against any potential adverse impacts and ensure their compatibility with their 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 this proposed text amendment; and WHEREAS, the City Commission has conducted a public hearing on the proposed text amendment; and City of Miami File ID: 7920 (Revision: 8) Printed On: 12/8/2020 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 regulations; and 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: ' 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: B) Printed On: 1218/2020 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 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; 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. *w 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. City of Miami File 10: 7920 (Revbion: B) Pdnted On: 1?/W20 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 reiettered and that the word ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention Section 5. This Ordinance shall become effective ten (10) day after its adoption by the City Commission.2 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: B) Pdnted On: 12t812020