HomeMy WebLinkAboutLegislationJ-03-883
10/07/03
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 11, SECTION
1102, NONCONFORMING LOTS, IN ORDER TO
MODIFY LANGUAGE PERTAINING TO THE DIVISION
OF CONTIGUOUS NONCONFORMING LOTS UNDER THE
SAME OWNERSHIP; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its
meeting of September 17, 2003, Item No. 3, following an
advertised hearing, adopted Resolution No. PAB 57-03 by a
vote of eight to zero(8-0), RECOMMENDING APPROVAL of
amending Zoning 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. 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. Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, is amended
by amending the text of said Ordinance as follows:l'
"ARTICLE 11. NONCONFORMITIES.
Sec. 1102. Nonconforming lots.
Sec. 1102.1. Use of nonconforming lots.
Except as limited below, lots platted, or having legal
status prior to the effective date of this ordinance
and becoming nonconforming by passage of this ordinance
are considered legal building sites. All buildings
proposed for such sites shall meet all requirements and
limitations of the zoning district in which they are
located.
Sec. 1102.2. Rules concerning combinations of
contiguous lots in the same ownership and with common
frontage for R-1 and R-2 Zoning Districts only.
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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.
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Sec. 1102.2.1. Combinations required where
nonconformity was created at time of passage or
amendment of ordinance. Except as provided below in
Section 1102.2.2; if two (2) or more lots, or
combinations of lots and portions of lots with
continuous frontage in the same ownership exist at the
time of passage or amendment of this zoning ordinance,
and if all or part of the lots do not meet the
requirements for lot width and area, the lands involved
shall be considered an undivided parcel for the
purposes of these regulations, and no portion of such
parcel shall be used or sold in a manner diminishing
compliance with general district requirements on lot
width and area. For the purposes of this section, the
following definition shall apply for the term
"Undivided parcel:" An undivided parcel shall mean a
parcel of land made up of two or more nonconforming
lots, which, for the purposes of this section shall be
considered one lot for which only one single family
residence or duplex may be constructed regardless of
how many nonconforming platted lots make up the parcel.
A unity of title or covenant in lieu of unity of title,
as applicable, shall be required on all such parcels
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prior to the issuance of any building permits,
including demolition permits.
Sec. 1102.2.2. Exceptions for nonconforming lots with
continuous frontage in the same ownership that comply
with a 90% rule. Irrespective of Section 1102.2.1,
where nonconforming lots with continuous frontage in
the same ownership exist at the time of passage or
amendment of this zoning ordinance, such lots may be
developed individually in accordance with the
applicable zoning regulations pursuant to a Class II
Special Permit if such lots individually comply with
90% of the requirements for lot width and area under
the city's subdivision regulations.
*
Section 3. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any section, part of 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
thirty (30) days after final reading and adoption.
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PASSED ON FIRST READING BY TITLE ONLY this
of October , 2003.
23rd day
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day of , 2003. z/
MANUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:4W
ALEJANDRO VILARELLO
CITY ATTORNEY
W1545:GKW:et
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This Ordinance shall become effective as specified unless vetoed
by the Mayor within ten 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, whichever is later.
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