HomeMy WebLinkAboutO-14157City of Miami
Ordinance 14157
al111 II li.RR I +
Legislation
File Number: 12614
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/9/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1,
TITLED "DEFINITIONS"; ARTICLE 6, TITLED "SUPPLEMENTAL
REGULATIONS"; AMENDING ARTICLE 7, TITLED "PROCEDURES AND
NONCONFORM ITIES" ; AND APPENDIX A, TITLED "NEIGHBORHOOD
CONSERVATION DISTRICT", TO REPLACE OR STRIKE REFERENCES TO
THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET") FROM THE MIAMI 21
CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida ("Miami 21 Code") was adopted as the City of Miami's ("City") Zoning
Ordinance; and
WHEREAS, on September 24, 2020, pursuant to Ordinance No. 13926, the City
Commission adopted the City's Fiscal Year 2020-2021 operating budget; and
WHEREAS, the City's Fiscal Year 2020-2021 operating budget eliminated the
Neighborhood Enhancement Team ("NET"), resulting in the reorganization of NET functions;
and
WHEREAS, it is necessary to address all references to the NET in the Miami 21 Code;
and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on
January 4, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
006 by a vote of seven to one (7-1), Item No. PZAB.11, recommending approval of the zoning
text amendment; and
WHEREAS, consideration has been given to whether the proposed amendment will
further the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan
("MCNP"), the Miami 21 Code, and other City regulations; and
WHERAES, consideration has been given to the need and justification for the proposed
reorganization; 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 citizens to
amend the Miami 21 Code as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 9 File ID: 12614 (Revision:) Printed On: 311512023
File ID: 12614 Enactment Number: 14157
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 1 of the Miami 21 Code is hereby amended in the following
particulars:'
"ARTICLE 1. DEFINITIONS
1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)
e. CIVIC
Community Facility: A non-commercial facility established primarily for the benefit and service of
the general public of the community in which it is located. Such facilities include, but are not
limited to: community centers; Gity of Miami NET effiroc; and cultural facilities, such as libraries
and museums.
1.2 DEFINITIONS OF TERMS
Section 3. Article 6 of the Miami 21 Code is hereby amended in the following
particulars:'
"ARTICLE 6. SUPPLEMENTAL REGULATIONS
6.3.4 Health District Green Market
Outdoor green markets are permitted within the CI -HD Transect Zone of eF mandateF y referral
to the diStFiGt NET dminis#,+„r aP4 subject to all of the following conditions, regulations, and
limitations. In addition to these requirements, an operational plan and vendor guidelines shall be
required at the time of application:
' 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 an
unchanged material.
City of Miami Page 2 of 9 File ID: 12614 (Revision:) Printed on: 3/15/2023
File ID: 12614
Enactment Number: 14157
6.3.5 Central Coconut Grove Green Market
Outdoor green markets are permitted within the district subject to obtaining a Warrant#
mandatery referral to the rlistri` t nICT 4rlministrateF „r,I", and subject to all of the following
conditions, regulations, and limitations:
*„
Section 4. Article 7 of the Miami 21 Code is hereby amended in the following
particulars:'
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1.1.3 Coordinate Review Committee
a. Establishment
There is hereby established a committee to be known as the Coordinated Review Committee.
The Coordinated Review Committee shall consist of the following members: the Planning
Director who shall serve as the chair of the committee, the Zoning Administrator, the City
Attorney, the NET flireGtGr, and the Public Works Director, and other city, county, school board
and governmental and utility officials with the necessary expertise that the Planning Director
may require for any particular application review.
7.1.2.2 City Request for Planning Determination of Use
a. Notifications concerning determinations.
Upon making the determination, the Planning Director shall notify any other officer or agency of
the city likely to be affected by such ruling and all NET GffiGes. Additionally, notice of the
determination shall be published to the public on the official city website.
7.1.2.3 Zoning Interpretation
a. Notifications concerning interpretations.
Upon making his interpretation, the Zoning Administrator shall notify the party requesting the
interpretation, as well as any other officer or agency of the City likely to be affected by such
ruling and
the official representatives of all registered neighborhood and homeowner associations w+thiR
the NET OffiGe that is applicable to the appli. aRt pFepeFt y in the designated area applicable to
the subject property, and the City shall post the interpretation on the City's official website.
City of Miami Page 3 of 9 File ID: 12614 (Revision:) Printed on: 3/15/2023
File ID: 12614 Enactment Number: 14157
7.1.2.4 Warrant
b. Required notice and hearing.
Additionally, at the time of submitting the application, the applicant shall obtain from the
Department of Planning the list of all registered Neighborhood and homeowner associations
.ithin the nIFT effine that is appli` able to appliGa Rt prepert, in the designated area applicable
to the subject property and shall notify the ^'FT effi^e and official representatives of all such
registered associations, by certified mail, of the application. Neighborhood and homeowner
associations who wish to receive such notice must register on an annual basis at their niET
^ffvrRvcs the City Manager's Office, or its designated City Department.
c. Review and approval process.
3. The Planning Director shall approve, approve with conditions or deny the Warrant application,
but in no event shall a Warrant be issued prior to thirty (30) days from the time the notice of the
application is provided to the WET ^eta registered neighborhood homeowner associations.
Approvals shall be granted when the application complies with all applicable regulations;
conditional approvals shall be issued when the applications require conditions in order to be
found in compliance with all applicable regulations; denials of applications shall be issued if after
conditions and safeguards have been considered, the application still fails to comply with all
applicable regulations. The decision of the Director shall include an explanation of the code
requirements for an appeal of the decision and shall be provided to the NET effine which shah
within five (5) days, distFibute the VVarFaRt tothe official representatives of all registered
neighborhood and homeowner associations within the NET effine that is applicable to the
appliGaRt erg in the designated area applicable to the subject property, and the City shall
post on the City's website. The Director shall include a citation to the legal authority for any
denial of a Warrant.
7.1.2.5 Waiver
c. Required notice and hearing.
Additionally, at the time of initial application, the applicant shall obtain from the Department of
Planning the list of all registered Neighborhood and homeowner associations within the NET
effine that is applicable to applicant proper+„ in the designated area applicable to the subject
City of Miami Page 4 of 9 File ID: 12614 (Revision:) Printed on: 3/15/2023
File ID: 12614 Enactment Number: 14157
Property and shall notify the ET GffiGe, official representatives of all such registered
associations, by certified mail, of the application. Neighborhood and homeowner associations
who wish to receive such notice must register on an annual basis at their NET effi` eas the
City Manager's Office, or its designated City Department.
d. Review criteria and approval process.
The Zoning Administrator shall review the Waiver application, as required under this Code, in
regard to compliance with the standards applicable to the specific Waiver and guiding principles
in Article 2 of the Miami 21 Code. Recommendations and findings from the Planning Director
shall be forwarded to the Zoning Administrator when applicable or when requested by the
Zoning Administrator. The review by the Planning Director shall apply Article 4, Table 12 Design
Review Criteria, as applicable. Based on these findings, and the applicable findings and
determinations of the Zoning Administrator, the Zoning Administrator will issue a final decision
on the Waiver request within ten (10) calendar days of receiving the Planning Director's
recommendation and findings. The application shall be approved, approved with conditions or
denied. A citation to the legal authority shall be included for any denial of a Waiver. In no event
shall a Waiver be issued prior to thirty (30) days from the time the notice of the application is
provided to the NET ^eta registered neighborhood homeowner associations. The decision of
the Zoning Administrator shall include an explanation of the code requirements for an appeal of
the decision and shall be provided to the NET ^motregistered neighborhood homeowner
associations by `"'hiGh shall within fide (5) days distributein�c the Waiver to the official
representatives of all registered neighborhood and homeowner associations `""thin the NIET
effi`+e that is applicable to the appliGaRt pr„pert y in the designated area applicable to the subject
Property, and the City shall post on the City's website.
7.1.2.6 Exception
c. Decision by the Planning, Zoning and Appeals Board.
1. Notice and hearing.
Additionally, the City shall notify all registered neighborhood and homeowner associations w+thiR
the NET effine that is applicable to appliGaRt pFepeFt„ in the designated area applicable to the
subject property and shall notify the NET effine aP4 official representatives of such registered
associations, by certified mail, of the application. Neighborhood and homeowner associations
who wish to receive such notice must register on an annual basis at their ieGal NET effines the
City Manager's Office, or its designated City Department.
2. Review and findings.
City of Miami Page 5 of 9 File ID: 12614 (Revision:) Printed on: 3/15/2023
File ID: 12614 Enactment Number: 14157
The Planning, Zoning and Appeals Board shall give full consideration to the Planning Director's
recommendations, and shall determine whether to grant an application for Exception, to grant
with conditions and safeguards or to deny the application. The Planning, Zoning and Appeals
Board shall issue written findings that the applicable requirements of the Miami 21 Code have or
have not been met. In no event shall an Exception be issued prior to thirty (30) days from the
time the notice of the application is provided to the NET effir-te. registered neighborhood
homeowner associations. The decision of the Planning, Zoning and Appeals Board shall include
an explanation of the code requirements for an appeal of the decision and shall be provided to
the ^IT ^ate registered neighborhood homeowner associations by `^'hiGh shall Within fi„e (54
days-,distributeing the Exception to the official representatives of all registered neighborhood
and homeowner associations `^n+hir, +ho AICT effv+o +ham+ is applicable to the appliGaRt prepert) in
the designated area applicable to the subject property, and the City shall post on the City's
website. The Planning, Zoning and Appeals Board shall include a citation to the legal authority
for any denial of an Exception.
7.1.2.7 Variance
e. Review by the Planning, Zoning and Appeals Board.
1. Notice.
Additionally, the City shall notify all registered neighborhood and homeowner associations withip
the nICT nffino +ham+ is Appli` able to appliGaRt r,r„r,eFty in the designated area applicable to the
subject property and shall notify the NET effi`+o and official representatives of such registered
associations, by certified mail, of the application. Neighborhood and homeowner associations
who wish to receive such notice must register on an annual basis at their IeGal NET OffiGes the
City Manager's Office, or its designated City Department.
2. Decision by the Planning, Zoning, and Appeals Board.
The Planning, Zoning and Appeals Board shall consider the recommendations of the Planning
Director, conduct a quasi-judicial hearing, and shall issue written findings that the application
meets or does not meet the applicable criteria allowing for a Variance from the regulations of the
Miami 21 Code. In no event shall a Variance be issued prior to thirty (30) days from the time the
notice of the application is provided to the NET offiGe registered neighborhood homeowner
associations. The decision of the Planning, Zoning and Appeals Board shall include an
explanation of the code requirements for an appeal of the decision and shall be provided to the
�ICT �ffino hinh shall within five (5
,ter o,,,� registered nelq or o0 homeowner associations y ^
dens distributeing the Variance to the official representatives of all registered neighborhood and
homeowner associations `^ 0thiR the NET OffiGe that is applicable to the appliGaRt r,Fepei:t , in the
designated area applicable to the subject property, and the City shall post on the City's website.
The Planning, Zoning and Appeals Board shall include a citation to the legal authority for any
denial of a Variance.
City of Miami Page 6 of 9 File ID: 12614 (Revision:) Printed on: 3/15/2023
File ID: 12614 Enactment Number: 14157
7.1.2.8 Amendment to Miami 21 Code
e. Review by the Planning, Zoning, and Appeals Board.
1. Notice.
Additionally, the City shall notify all registered neighborhood and homeowner associations withip
the "ACT nffine +ham+ is Appli` able to appliGaRt nr„norty in the designated area applicable to the
subject property and shall notify the "ACT nffine ;;Rd Oho official representatives of such
registered associations, by certified mail, of the rezoning application. Neighborhood and
homeowner associations who wish to receive such notice must register on an annual basis at
their "ACT nffinec the City Manager's Office, or its designated City Department.
g. City Commission action on Planning, Zoning, and Appeals Board recommendations.
1. Notice and hearings.
Additionally, the City shall notify all registered neighborhood and homeowner associations WmthmA
the "ACT nffine +ham+ is Appli` able to appli` aRt r,r„r,eFty in the designated area applicable to the
subject property and shall notify the "ICT nffil+e er,d ff +he official representatives of such
registered associations, by certified mail, of the rezoning application. Neighborhood and
homeowner associations who wish to receive such notice must register on an annual basis at
their "iFET nffi`+ec the City Manager's Office, or its designated City Department.
2. Adoption.
In no event shall a rezoning be issued prior to thirty (30) days from the time the notice of the
application is provided to the NET o;;;Ge registered neighborhood homeowner associations. The
decision of the City Commission shall include an explanation of the code requirements for an
appeal of the decision and shall be provided to the Ntee-registered neighborhood
homeowner associations and posted on the City's website. The City Commission shall include a
citation to the legal authority for any denial of a rezoning.
Section 5. Appendix A of the Miami 21 Code is hereby amended in the following
particulars:'
"Appendix A — Neighborhood Conservation District
City of Miami Page 7 of 9 File ID: 12614 (Revision:) Printed on: 3/15/2023
File ID: 12614 Enactment Number: 14157
A.2. VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)
2.5.1 Mixed Use Cultural District
a. Use Regulations The Mixed Use Cultural District shall permit the following Uses in addition to
those which are permitted in the underlying transect zones:
1. Permanent structures providing for a Straw Market with Caribbean crafts, foods, apparel,
souvenirs, and other goods attractive to tourists, subject to a Waiver v.gi+h a mapdater„ referr�� +„
+ho dic+ri`++ nICT 4dminic+ra+nr and limited to the following items for sale: Heritage retail foods,
apparel, souvenirs; bookstores and gift shops with cultural themes; hair salons, including
outdoor hair braiding; and music and entertainment reflective of that found in the Caribbean.
2.5.2 Market District
a. Use Regulations. The Market District area shall permit the following uses, in addition to those
which are permitted in the underlying transect zone:
1. Farmer's markets and Caribbean crafts and food markets that specialize in the sale of crafts
and fresh fruits and vegetables are permitted within this district, subject to a Warrant with -a
mandatery referral to the rdic+ri`++ niCT 4rlminic+ram+nr All regulations contained in this code are
applicable, and further subject to the following limitations:
A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT NCD-3
3.4 Additional notice and review
a. Additional notice required for Exception and Variance applications. All Coconut Grove
neighborhood or homeowner associations that wish to receive a courtesy notice of Exception or
Variance applications in their areas shall register with their Neighherheed ERhaRGeFneRt Team
(NET) Offino the City Manager's Office, or its designated City Department, on a yearly basis.
Such registration shall consist of a letter to the Director of the Planning Department or to the
Zoning Administrator, in which the association shall request such notification and shall specify
the name, address and telephone number of the official representative of the association
designated to receive said notice and a list of all the officers of said association. At the time of
initial application for an Exception or Variance, the applicant shall obtain the list of all registered
neighborhood and homeowner associations pertaining to the application in question from the
Planning Director or the Zoning Administrator and shall notify in writing the official
representative of all such registered associations in writing, by certified mail, of the application.
City of Miami Page 8 of 9 File ID: 12614 (Revision:) Printed on: 3/15/2023
File ID: 12614
Enactment Number: 14157
The applicant shall submit with the application these certified receipts. If any such association
have any comments or recommendations, such comments and recommendations shall be
submitted in writing to the Planning Director or Zoning Administrator no later than fifteen (15)
days from receipt of such notification. Late or misdelivered comments shall not be considered.
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 shall 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.
Section 5. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i 4naindez, City Attor iey 1 /20/2023
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 Page 9 of 9 File ID: 12614 (Revision:) Printed on: 3/15/2023