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HomeMy WebLinkAboutO-11336J-95-896 11/21/95 11330 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 11, SECTION 1106, "NONCONFORMING STRUCTURES," TO LIMIT THE PERCENTAGE OF ALTERATIONS, MODIFICATIONS OR EXTENSIONS OF EXISTING NONCONFORMING STRUCTURES, TO PROHIBIT ENLARGEMENTS AND EXTENSIONS OF NONCONFORMING ACCESSORY STRUCTURES, AND TO REQUIRE A SPECIAL EXCEPTION PERMIT FOR ENLARGEMENTS AND EXTENSIONS OF NONCONFORMING PRINCIPAL STRUCTURES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of October 18, 1995, Item No. 4, following an advertised hearing, adopted Resolution No. PAB 49-95 by a vote of eight to zero (8-0), RECOMMENDING APPROVAL of amending Ordinance No. 11000 as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 11000 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows: 1/ 1/ 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. Ellipsis and asterisks indicate omitted and unchanged material. 11336 ARTICLE 11. NONCONFORMITIES Sec. 1106. Nonconforming Structures. 1106.1. Structural change, extension, or expansion. No portion of a sue building or structure, eE pertier3 weef, which is nonconforming shall be enlarged, extended or altered in any way which increases its nonconformity, be enlarged, e3etended a to lSpeeial Permitl eng as the degree rits neneenfeymity remains the same ei is a , . a Existing structures which have legal nonconforming status may however be enlarged, extended or altered as follows: 1. Alterations to principal or accessory structures which do not involve an enlargement or expansion may be permitted pursuant to a Class II Special Permit as long as the degree of the structure's nonconformity remains the same or is decreased and at least 50% of the square footage of the original building is proposed to remain. 2. Alterations which involve an enlargement and/or extension of a nonconforming principal structure may be permitted pursuant to a Special Exception permit as long as the degree of the structure's nonconformity remains the same or is decreased, and at least 50W of the square footage of the original building is proposed to remain, and as long as the proposed enlargement does not exceed a height or length of 50g of the: horizontal or vertical linear footage of the wall(s) of the nonconforming portion of the structure to remain. No alterations which involve an enlargement and/or extension of a nonconforming accessory structure shall be permitted. No variances from the orovisions of Section 1106 shall be ermitted. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, part of this section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. 2 - 11336 Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this December 1995. 7th day of PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of January 1996. STEPHL44 P. CLERK, MA)?'OR ATTEST: WALTER J. OE CITY CLERK PREPARED AND APPROVED BY: dEOTELE. MAXW LL Y CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: / r 1 too aM,1W"4tv PAN :: A� W066/JEM/mi 3 - tl PLANNING FACT SHEET PZ APPLICANT Dept. of Community Planning and Revitalization REQUEST/LOCATION Amendment to Article 11 of Zoning Ordinance 11000 LEGAL DESCRIPTION N/A. PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 11, Section 1106. Nonconforming Structures, in order to place limitations on the percentage of alterations permissible to existing nonconforming structures, to prohibit enlargements and extensions of nonconforming accessory structures and to require a Special Exception Permit for enlargements and extensions of nonconforming principal structures. PLANNING Approval. RECOMMENDATION BACKGROUND AND Section 1106 of Ordinance 11000 deals with nonconforming structures and under what ANALYSIS conditions a legal nonconforming structure may be enlarged, extended or altered; this particular section of the ordinance does not, however, include any limitations on how much of the original building must remain for someone to request a Class II Permit in order to enlarge their building. Based on the lack of any specific limitations, the Zoning Administrator issued an interpretation on December 13, 1994 (see attached) in which it was basically determined that, under the law as it is written today, anyone may request a Class II Permit and virtually reconstruct a nonconforming structure without requesting a variance. The Planning Division contends that this was not the intent of Section 1106, and is hereby requesting that it be amended to add a 50. rule for the amount of the exsting structure which must remain, a 50% rule for the amount of extension or enlargement (for principal structures only), a Special Exception Permit for all proposed extensions and enlargements, and a prohibition for enlargements of accessory structures; a Class II Permit will remain for other minor alterations. PLANNING ADVISORY BOARD CITY COMMISSION N/A. APPLICATION NUMBER 94-210 10/13/95 Approval. VOTE: 8-0 . October 18, 1995 Item # 4 Page 1 11336 r _ CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Joseph W. McManus, Deputy Director DATE December 13, 1994 FILE: P nning, Building and Zoning Dept. SUBJECT : 2974 Grand Ave. Class II 94=2428 FROM : REFERENCES uan C. nza e , Zoning Administra r ENCLOSURES: Pursuant to aTe4/uest made by Building Official Santiago Jorge - Ventura, in a letter dated December 1, 1994, concerning the issuance of the above mentioned Class II, and whether the work on the premises had exceeded the Class II Special Permit? Please be advised of the following. Class II Special Permit 94-2428, approved on April 4, 1994, was issued for three (3) items. 1) Reduction of loading area. 2) New development in the SD-2 zoning district. 3) Altering a legal nonconforming structure. Item number three (3), altering an existing legal nonforming stucture, is the item that is being questioned. The question being asked is whether under Section,1106.1, titled, Structural Change, Extension, or Expansion, of a nonconforming use, there is any limitation (percentage), of an existing nonconforming structure, which can be altered before the nonconforming status is lost? The nonconforming Article of Zoning Ordinance 11000, Article 11, has three sections, the following .are the three (3) forms of nonconformities. 1) Nonconforming Uses. 2) Nonconforming Structures. 3) Nonconforming Characteristics of Use. The structure being cited is a nonconforming specified under Section 1106. Section 1106.1 states the following: "No such building or structure or portion thereof, which is nonconforming shall be enlarged, extended, or altered in any *ay which increases its nonconformity; but it may be enlarged, extended, or altered pursuant to a Class II Special Permit so long as the degree of its nonconformity remains the same or is decreased." structure, as Y1330p3 4 Joseph W. McManus December 13, 1994 Page 2 of 3 Furthermore, there is a section under 1106, in particular 1106.2 which states: "Should a building or structure or portion thereof, nonconforming under this section, be destroyed to an extent of more than fifty (50) percent of its assessed valuation at the time such damage or destruction occurs, it shall not thereafter be reconstructed except in conformity with the provisions of this zoning ordinance; provided, however, that if reconstruction is essential to the reasonably conforming use of the building or structure, the zoning board may, by Special Exception, - allow reconstruction to the extent reasonable necessary to ,allow such reasonable conforming use; provided such reconstruction or repair shall be started within a period of six (6) months of the date of destruction; and provided, further, that if reconstruction or repair is not begun within the six-month period, the building or structure shall not be constructed or repaired except in conformity with this zoning ordinance." However, when the words "damage" or "destruction", are used under Article 11, the definition given is by explosion, fire, act of God, or the public enemy, and not by deliberate destruction. Further stated under Section 1106.2, is the provision that if destroyed to an extent of more than fifty (50) percent of its assessed valuation at the time of destruction or damage occurs, by Special Exception, the zoning board may allow reconstruction to the extent reasonablynecessary to allow such reasonable conforming use. Reiterating the original question, of whether under:Section 1106.1, there is a percentage threshold where by altering (including complete reconstruction), approved by a Class II Special Permit, the nonconforming structure, the status is lost? Is in the NEGATIVE. 1_1_336 s s- Joseph W. McManus December 13, 1994 Page 3 of 3 Section 1106.1, states specifically that the structure may be enlarged, extended, or altered in a way that does not increase its degree of nonconformity , which in this particular instance, the nonconforming structure being altered has been determined that the degree of nonconformity, i.e. area occupied by the structure not conforming to setbacks, has not been increased in area from the original structure. Since there is no limitation mentioned under Section .1106.1 of the percentage of alteration, and in fact, as long as the degree of nonconformity remains the same or is decreased, the structure may even be extended and enlarged, the altering of the structure will not cause the loss of its nonconforming status, if prior approval was granted by a Class II Special Permit which determined that the degree of the nonconforming structure was not being increased. The interpretation being stated herein, is only an interpretation of Article 11, in particular Sections 1106.1 and 1106.2 and does not preclude enforcement of other pertinent codes, regulations, and ordinances. cc: Santiago Jorge -Ventura, Deputy Director Planning, Building and Zoning Dept. Christina Abrams, NET Administrator NE Coconut Grove Service Center Lourdes Slazyk, Planner II Planning, Building and Zoning Dept. Zoning file Central file S 11336 s s- RESOLUTION PAB - 49-95 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING ARTICLE 11, SECTION 1106. NONCONFORMING STRUCTURES, IN ORDER TO PLACE LIMITATIONS ON THE PERCENTAGES OF ALTERATIONS PERMISSIBLE TO EXISTING NONCONFORMING PRINCIPAL STRUCTURES, TO PROHIBIT ENLARGEMENTS AND EXTENSIONS OF NONCONFORMING ACCESSORY STRUCTURES AND TO REQUIRE A SPECIAL EXCEPTION PERMIT FOR ENLARGEMENTS AND EXTENSIONS OF NONCONFORMING STRUCTURES. HEARING DATE: October 18, 1995 VOTE: 8-0 ATTEST: Luft' Director tmt of Community Planning a d Revitalization 7 11136 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/kla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORD. NO. 11336 In the .......... XXXXXXX.................. Court, was published in said newspaper In the Issues of Feb 8, 1996 Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached COPY o ertisement; and of lant further says that she has ne?dI,�gcpnjnt,nrsbate, rorpromised any person, firm or corporation an commission or refund for the purpose of this advertisement for publication In the said Sworn to and subscribed before me this February 96 ...... day of ........... (SEAL) / Sookis Williams pereonaII3 OFFICIAL iZTARY SFAL C}i6RYL H MARMFR C1)r ,MjSSION No. CC191(A2 M,j i(;M\d1S510N RXP. APR 12,1996 CITY OF,IJAMI, FLEA EE% ' NOTICE AM interested Persons ;i-SICnatice that an the'2M day of Janu- ary, ,1998, the Ck lion of Miami, Fbrkk, adopted the follow- ing titled orinarcew. . ORDNANCE NO.11331 AN ORDINANCE AMENDING CHAPTER 30, ARTICLE III, DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WHICH SETS FORTH THE RATES AND CHARGES FOR CITY GOLF COURSES, THEREBY ADDING NEW SECTION 30- 57 EXEMPTING THOSE CITY GOLF COURSE FACILITIES OPER- ATED AND MANAGED BY PRIVATE PARTIES PURSUANT TO AGREEMENTS HAVING TERMS OF TWENTY YEARS OR MORE; CONTAINING, A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ORDNANCE NO.11332 AN EMERGENCY ORDINANCE ESTABLISHING A ,SPECIAL REVENUE FUND ENTITLED: "GANG RESISTANCE EDUCATION AND TRAINING," AND APPROPRIATING FUNDS FOR THE OP- ERATION OF SAME IN THE AMOUNT OF $100,000, CONSISTING -OF A GRANT FROM -THE BUREAU OF ALcOH%,--TOBACCO AND FIREARMS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD FROM SAID GRANTOR AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CfTY ATT01091EY.;FOR THIS. PURPOSE; CONTAINING A RE- PEALER PROVISION :AND A SEVERABILITY CLAUSE. O<IMlANCE NO.11333 AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITTED:'WVNW000 FREE TRADE ZONE SECTION 108", AND APPROPRIAT06 W46W.000. FOR THE .OPERATION OF SAME, AS REfENED:FROM THE UNITED STATES DEPARTMENT OF HOUSING MID DEVELOPMENT ('Flub'), SECTION i08 LOAN GUARi11 ME; CONTAINING A REPEAL€ft PROVISION AND A SEVERABiLITY CLAUSE. ORDEiMilf.'E NO.11334 AN ORDNANCE AMENDWO ORDINANCE NO. 10840, ADOPTED ON FEBRUARY 14. 1991, AS AMENDED, WHICH ESTABLISHED INITIAL APPROPRIATIONS FOR THE C OCO NLIT GROVE SPECIAL EVENTS DISTRICT FUND - FY 9"1. RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO.10764, ADOPTED.JULY 12, 1990,. TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $5D,3W AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL COLLECTION OF THE COCONUT GROVE SPECIAL EVENTS DISTRICT SUPPLEMENTARY USER FEE; PROVIDING FOR FURTHER APPROPRIATIONS AND CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORD/IANCE,NO.11335 AN ORDINANCE APPROPRIATNG FUNDS, IN THE AMOUNT OF $16 800.00, TO THE SPECIAL REVENUE FUND ENTITLED: 'DERELICT VESSEL REMOVAL GRANT AWARD PROGRAM"; AUTHORZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLt TO THE CRY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERASIM CLAUSE. ORDNANCE NO. AN ORDINANCE AMENDING THE-�ORDMNANCE BY AMENDING ARTICLE 11, SECTION 1106, "NONCONFORMING STRUCTURES." TO. LNIT THE PERCENTAGE OF ALTERATIONS, MODIFICATIONS OR EXTENSIONS OF EXISTING NONCONFORM- ING STRUCTURES, TO PROHIBIT ENLARGEMENTS AND EXTEW SIGNS OF NONOOWORMIING ACCESSORY.STRUCTURES, AND TO REQUIRE A; SPECIAL EXCEPTION PERMIT FOR .ENLARGE- MENTS AND EXTENSIONS OF MONCOWORMlt4G PRINCIPAL STRUCTURES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.11337 AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY OF MIAMI CAPITAL IMPROVEMENTS; CONTINUING AND REVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS;. ESTABLISHING NEW CAPITAL CAI>ROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1995-96; REPEAL- ING PROVISIONS OF ORDNANCE•NO. 11205, AS,AMENDED, THE FISCAL YEAR 1994-1995 CAPITAL IMPROVEMENTS "APPRO- PRIATIONS ORDINANCE, WHICH MAY BE IN CONFLICT WITH THIS ORDINANCE; PROVIDING CONDITIONS, AUTHORIZATIONS AND DIRECTIONS TO THE CITY MANAGM AND CIYY CLERK; CONTAINING A REPEALER PROVISION AND A SEVERABIUTY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Said ordnarms may be inspected by the public at the Office of the City Clark, 35oo Pan A mrican Drive, Miami, Porida, Monday tlirbugh Friday, excluding holidays. between the hours of 8 a.m..and 6 p.m.