HomeMy WebLinkAboutO-12443City of Miami
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Ordinance: 12443
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 03-0072 Final Action Date: 11/25/2003
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: {1}
"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.
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
City of Miami
Page 1 of 2 File Id: 03-0072 (Version: 2) Printed On: 8/19/2016
File Number: 03-0072 Enactment Number: 12443
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 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.
Footnotes:
s
{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.
{2} 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 late.
City of Miami Page 2 of 2 File Id: 03-0072 (Version: 2) Printed On: 8/19/2016