HomeMy WebLinkAboutO-12569City of Miami
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Ordinance: 12569
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00575 Final Action Date: 7/22/2004
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA 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 less 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
City of Miami
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adopted and incorporated herein as if fully set forth in this Section.
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 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. However, two
or more adjoining 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
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File Number: 04-00575 Enactment Number: 12569
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
thereof. {2}
Footnotes:
{1 } Words and/or figures ctrickcn 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 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.
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