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HomeMy WebLinkAboutLegislation.14Y1Ii BR., TIE 4.-• t.�•�-14 City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-00575 Final Action Date: AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING SECTION 1102, ENTITLED "NONCONFORMING LOTS" RELATING TO THE R-2 DUPLEX ZONING DISTRICT BY PERMITTING BY CLASS II SPECIAL PERMIT NO MORE THAN ONE SINGLE-FAMILY UNIT ON AN INDIVIDUAL NONCONFORMING R-2 DUPLEX LOT; AND BY MODIFYING PROVISIONS REGARDING REPLATTING OF NONCONFORMING LOTS TO ALLOW REDUCTIONS IN THE DEGREE OF NONCONFORMITY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 1102 of the City of Miami Zoning Ordinance defines and regulates "nonconforming lots" within the R-1 Single Family and R-•2 Duplex zoning districts, requiring such adjoining lots under the same ownership to be developed only after presentation to, and acceptance by the City of Miami of a Unity of Title; and WHEREAS, this provision was intended to prohibit the development of individual adjoining substandard lots owned by a single entity, with a resulting increase in density not contemplated in the underlying R-1 and R-2 zoning districts; and WHEREAS, this provision in its current form also prohibits development of these nonconforming lots at Tess than the permitted density, as it prohibits the development of two single-family units on two nonconforming duplex lots; and WHEREAS, to preserve the intent of this provision, but to allow less intense development, the Miami Planning Advisory Board has reviewed this ordinance and, after hearing and considering the staff report and recommendation as well as public testimony has determined that this ordinance is in the best interest of the citizens of the City of Miami and therefore recommended that this ordinance be approved by the City Commission of the City of Miami; and WHEREAS, the Miami Planning Advisory Board, at its meeting of May 19, 2004, Item No. 9, following an advertised hearing, adopted Resolution No. PAB-64-04, by vote of seven to zero (7 to 0), RECOMMENDING APPROVAL to amend Ordinance No. 11000, as hereinafter set forth; and WHEREAS, the City Commission at a duly noticed public hearing has reviewed this ordinance and, after considering the staff recommendation as well as the public's testimony, has determined that this ordinance is in the best interest of the citizens of the City of Miami; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Recitals to this Ordinance are hereby adopted and incorporated herein as if fully set forth in this Section. City of Miami Page 1 of 3 Printed On: 6/14/2004 File Number: 04-00575 Section 2. Section 1102 of the Zoning Ordinance of the City of Miami, Florida, as amended, is hereby amended as follows: (1} ARTICLE 11. NONCONFORMITIES Sec. 1102. Nonconforming lots. 1102.1. Use of nonconforming lots. Except as limited or provided for 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. When a legally platted nonconforming lot requires replatting due to a street or alley closure, such nonconformity may be modified pursuant to an approval by the Director of the Public Works Department as long as the degree of nonconformity is reduced or remains the same, even if the proposed lot still remains nonconforming. 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. Combinations required where nonconformity was created at time of passage or amendment of ordinance. 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. A unity of titla 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. However, two or more adioininq nonconforming duplex (R-2) lots shall not be deemed an "undivided parcel" when the owner of such lots by covenant (in a form acceptable to the City Attorney) and pursuant to Class II Special Permit restricts the use of the lots to the development of no more than two single-family detached homes (one home per lot) which comply with all other City zoning requirements except for minimum lot width. * * Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby 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. City of Miami Page 2 of 3 Printed On: 6/14/2004 File Number: 04-00575 Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO CITY ATTORNEY Footnotes: {1} Words and/or figures stricken-ttEr-o-ugh 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 herein 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 herein, whichever is later. City of Miami Page 3 of 3 Printed On: 6/14/2004