HomeMy WebLinkAboutO-14237City of Miami
Ordinance 14237
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14679 Final Action Date: 11/16/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA ("MIAMI 21 CODE"), AS AMENDED, BY AMENDING ARTICLE 7,
SECTION 7.1.3.5 "PROCEDURES AND NONCONFORMITIES /
MODIFICATIONS TO APPLICATIONS REQUIRING PUBLIC HEARING," TO
CLARIFY THE MINOR MODIFICATION ALLOWANCE OF A FOOTPRINT OF A
BUILDING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE
SPONSOR(S): Commissioner Christine King
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the City of Miami's ("City") Zoning Ordinance ("Miami 21 Code"); and
WHEREAS, there are certain projects that require limited modifications to previously
approved site plan that will result in an overall better project; and
WHEREAS, the modification for a site plan for the reduction in a footprint creates less
building volume and more openness of the site; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
October 18, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
096 by a vote of seven to zero (7 - 0), Item No. PZAB. 9, recommending Approval of the Zoning
Text Change; and
WHEREAS, the City Commission has considered whether the proposed amendments
will further the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan
("MCNP"), the Miami 21 Code, and other City regulations; and
WHEREAS, the City Commission has considered the Planning Director's
recommendations and conducted a public hearing on the proposed amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Article 7 of the Miami 21 code is hereby amended in the following
particulars:
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. Asterisks indicate omitted and
unchanged material.
City of Miami Page 1 of 3 File ID: 14679 (Revision: A) Printed On: 12/7/2023
File ID: 14679 Enactment Number: 14237
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1 Procedures
7.1.3 Application and Review Process
7.1.3.5 Modifications to Applications Requiring Public Hearing
*
c. Modifications to a plan approved under this Miami 21 Code.
Minor modifications may be made to a plan approved by Warrant, Variance or Exception
under the Miami 21 Code upon the applicant's submission of a letter explaining the need for
corrections, payment of the fee established by the adopted fee schedule, and written
approval of the Planning Director. Minor modifications include:
1. Those changes that meet Transect regulations and do not change the manner of
operation of the approved site; or
2. Those changes that can be approved by Waiver; or
3. Changes in the project phasing. At the time of its approval, the entire project shall be
owned by a single entity or its subsidiaries, and shall occupy contiguous lands,
separated only by streets or alleys; or
4. An increase in height not exceeding five (5) feet or 5% of the approved height; or
5. Movement of the footprint of the building not more than ten (10) feet in any horizontal
direction.
6. An increase or decrease in the footprint of the building of not more than ten (10) feet
in the direction of a Frontage line that will result in enhancement of Open Space, Civic
Space Type or View Corridor.
All applications for minor modifications to an approved plan shall be reviewed in light of their
cumulative effect on the original approved plan, taking into account building disposition,
configuration, function, and other Code standards. The minor modification shall meet the
criteria of Table 12. Except for minor modifications, the plan may be amended only pursuant
to the procedures and standards established for its original approval.
*11
Section 3. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, 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 Page 2 of 3 File ID: 14679 (Revision: A) Printed on: 12/7/2023
File ID: 14679 Enactment Number: 14237
Section 4. 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 5. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, iky Aktor ey 11/4/2023
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 3 of 3 File ID: 14679 (Revision: A) Printed on: 12/7/2023