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HomeMy WebLinkAboutLegislation-SUB�GYgY Op �' r City of Miami 2�loll Legislation * „ R Ordinance Enactment Number File Number: 7920 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.00m 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 REESTABLISHM�N `� OF SPECIFIC -PURPOSE DESIGNED STRUCTURES THAT ARE c LOCALLY DESIGNATED HISTORIC SITES OR CONTRIBUTING �4M rn STRUCTURES IN A HISTORIC DISTRICT FOR THE USES IN WHICW-- — C7 THEY WERE DESIGNED; MAKING FINDINGS; CONTAINING A qnm o rn SEVEFRABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE _ m EFFECTIVE DATE. 3-< co CD WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting oigg so 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 0 W z m W z WHEREAS, it is efficient and environmentally sound to allow structures to fulfill their 0 g g intended function for their intended lifespan so as not to demolish and discard them prematurely; and I- z c m�LA WHEREAS, it is necessary to examine any prolongation of a non -conforming uses in H 0 order to prevent or mitigate against any potential adverse impacts and ensure their compatibility N a c with their present context; and LU WHEREAS, in certain instances, the value of a structure in its context is such that its i m = preservation merits special consideration; and u a I- z oaz WHEREAS, certain uses may offer a benefit to the City of Miami ("City") and its LA FE Uj residents given a particular set of circumstances worthy of consideration and public deliberation; 0 Uj 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 Mlarn/ File ID: 7920 (Revision: 8) Pdnted On: 124M20 -7Q2a 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 NONCONFORMITIES: 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: 12/8/2020 Z W zLU g u _ao Nzc maL^ H 0 0 No W mW LU �QX � 0z WZ H C' W � oN 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 became nonconforming. If a portion of a Structure was unoccupied or not manifestly o W designed for the nonconforming Use, the Use may not be expanded within the z z z Structure. L- ao 2. Alterations to the extent of less than fifty percent (50%) of the square footage of a H z c Structure containing a nonconforming Use Where an alteration of a Structure containing a nonconforming Use is less than fifty H o 1- percent (50%) of the square footage of the Structure at the time of alteration, the H C nonconforming Use may be permitted to continue pursuant to an Exception. u zz 3. Exterior W Q W m X No nonconforming Use which exists outside a Structure shall be extended to occupy p z o a Z 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 = c H 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 Citv 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. City of Miami Flo 11). 7920 (Revision: 8) PdnW On: i2/8r1020 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 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 rein. whichever is later. C/ty Of AlI&W Rio lD: 7920 (RoWslon: B) Aimed On: 12/8/2020 z m z z LU ~a0 N z C m G H N � H Q O LL. H a O CW LU LN c � _ V H Q T z LA cc W H O H City of Miami Legislation e it Ordinance: File Number: 7920 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.00m Final Action AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF AMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 7, SECTION 7.2, LED "NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROV MENTS; AND SIGNS", TO PROVIDE FOR REESTABLISHMENT OF SPECI C- PURPOSE DESIGNED STRUCTURES THAT ARE LOCALLY D IGNATED HISTORIC SITES, CONTRIBUTING STRUCTURES IN A HIST IC DISTRICT, OR CONTAIN ONLY RESIDENTIAL USES FOR THE USES WHICH T E%j WERE DESIGNED; MAKING FINDINGS; CONTAINING A VERABILIT; CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFE IVE DATE. g�rn ,�n C131 SPONSOR(S): Commissioner Keon Hardemon C= c Inm WHEREAS, the Planning, Zoning and Appeals Board ' ZAB"), at its meeting :CC') _ October 7, 2020, following an advertised public hearing, ad ted Resolution No. PZA OV 038 by a vote of six to one (6-1), Item No. 3, recommend' g approval of the proposed t amendment stated herein; and WHEREAS, on October 22, 2009, the City 96mmission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Fl da ("Miami 21 Code"); and WHEREAS, it is efficient and intended function for their intended li prematurely; and mtally sound to allow structures to fulfill their as not to demolish and discard them WHEREAS, it is necessary t examine any prolongation of a non -conforming uses in order to prevent or mitigate again any potential adverse impacts and ensure their compatibility with their present context; and WHEREAS, in certajK Instances, the value of a structure in its context is such that its preservation merits specipr consideration; and WHEREAS, ain uses may offer a benefit to the City of Miami ("City") and its residents given a p icular set of circumstances worthy of consideration and public deliberation; and the City Commission has given full consideration to the Planning Director's as to this proposed text amendment; and REAS, the City Commission has conducted a public hearing on the proposed text and City of Miami Page 1 of 4 File ID. 7920 (Revla/on: A) Pdnted On: 12/10 2020 0 W H File ID: 7920 Enactment Number: WHEREAS, the City Commission has considered whether the proposed text amen ent will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood lan, the Miami 21 Code, and other City regulations; and In WHEREAS, the City Commission has considered the need and justification f r UJ the proposed text amendment including changed or changing conditions that mak the passage ~ of the proposed text amendment stated herein necessary; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIO OF THE CITY OF MIAMI, FLORIDA: Vi m Section 1. The recitals and findings contained in the Preamble this or are adopted by reference and incorporated as if fully set forth in this Secti n. N Section 2. Article 7 of the Miami 21 Code is further amend d in the following particulars:' "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.2 NONCONFORMITIES: STRUCTURES; USES; 7.2.6 Nonconforming Uses a. Time Limitation ; SITE IMPROVEMENTS; AND SIGNS Where, at the effective date of adoption r amendment of this Code, a lawful Use exists which would not be permitted under this Co , the Use may be continued for twenty (20) years from the date the Use first became legal Xonconforming and consistent with the regulations of this section. The Use shall not be allo d to continue automatically upon expiration of the twenty (20) years. Upon application, thCity Commission may grant by Exception an extension for continuance of the Use for an ditional term of up to twenty (20) years. However, accessory parking abutting T3-R areas at were approved as transitional Uses under prior zoning codes and were legally nonconfo ing prior to the adoption of this Code will not have a continued automatic twenty-year (2 extension as provided in this section, but shall instead seek an Exception before the C' Commission within sixty (60) days of renewal of a Certificate of Use. b. Legally establishW alcoholic beverage establishments, having a valid Certificate of Use or certificate of occu ncy and all other required permits, may continue in existence despite subsequent es, lishment of a church or school within the distance limitations of Chapter 4 entitled "Alcoh is Beverages" of the City Code. c. Replace ent and Expansion of Structures that Contain Nonconforming Use and/or figures stricken through shall be deleted. Underscored words and/or figures shall be The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and ned material. City of Miami Page 2 of 4 File ID: 7920 (Revision: A) Printed on: 1211012020 File ID: 7920 Enaftnent Number. 1. No enlargement, extension, replacement, or reconstruction of an existing Structure contains a nonconforming Use shall be permitted except to change the Use to a confc Use, except as provided below: Interior Arrangement A nonconforming Use may be extended throughout any parts of a Structur hich was clearly designed or arranged for the nonconforming Use at the time that t e Use became nonconforming. If a portion of a Structure was unoccupied or t manifestly designed for the nonconforming Use, the Use may not be expanded thin the Structure. 2. Alterations to the extent of less than fifty percent (50%) /ime are footage of a Structure containing a nonconforming Use Where an alteration of a Structure containing a nonconfe is less than fifty percent (50%) of the square footage of the Structure at f alteration, the nonconforming Use may be permitted to continue pursuException. 3. Exterior No nonconforming Use which exists outside a more area than was occupied at the time the L approved by Exception and to comply with the which it is located. In this case, the occupa q as remaining a nonconforming Use. 2. Extending / Transferring the Nonconform 3tru ure shall be extended to occupy s ecame nonconforming, except as non Use regulations of the Transect in of the new location shall be construed No nonconforming Use shall be extended t occupy any other Structure on the same Lot or parcel if the other Structure was not use or the nonconforming Use at the time the Use became nonconforming. 3. Subdivision or structural 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 Aband nment of a nonconforming Use If, for a period of more thaK six (6) months, a nonconforming Use is documented as being discontinued or a Certifi to of Use for a nonconforming Use lapses, any subsequent Use shall conform to the regulaf ns of this Code. Provided, however, the time period shall not include any time during which th discontinuance is caused by governmental action which impedes access to the premises. 0 W CO City of IN/arni Page 3 of 4 File 11): 7920 (Revision: A) Printed on: 12/10/2020 File ID: 7920 Enactment Number; be allowed to operate with a maximum of twelve (12) Dwellina Units. This Drocess is limited o reestablishing Uses that are currently permitted in the City under this Code. o • *a W Section 3. If any section, part of a section, paragraph, clause, phrase, or w d of this Ordinance is declared invalid, the remaining provisions of this Ordinance should of be affected. Section 4. It is the intention of the City Commission that the provisi s of this Ordinance shall become and be made a part of the Miami 21 Code, which provision may be renumbered or relettered 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 ay after its adoption by the City Commission.2 APPROVED AS TO FORM AND CORRECTNESS: ria dez, i ttor iey 11/5/2020 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 mim"I Page 4 of 4 File ID. 7920 (Rewsion: /) rnnrea on: 747WNN