HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14302
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"1) SPECIFICALLY
BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND
NONCONFORMITIES," TO UPDATE THE WAIVERS SUMMARY LIST
AND AMENDING APPENDIX A, TITLED "NEIGHBORHOOD
CONSERVATION DISTRICT" ("NCD"), TO MODIFY THE
REQUIREMENTS FOR PROPOSED DEMOLITIONS WITHIN THE NCD;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami
PURPOSE: To clarify and amend the waiver process relating to alterations to nonconforming
single-family residences or two-family housing structures and to update the waiver summary list.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING, AND APPEALS BOARD: On June 14, 2023, recommended approval by
a vote of 9-0.
City of Miami File ID: 14197 (Revision: A) Printed On: 7/31/2024
City of Miami
Legislation
Ordinance
Enactment Number:14302
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 14197 Final Action Date: 7/25/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"1) SPECIFICALLY
BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND
NONCONFORMITIES," TO UPDATE THE WAIVERS SUMMARY LIST
AND AMENDING APPENDIX A, TITLED "NEIGHBORHOOD
CONSERVATION DISTRICT" ("NCD"), TO MODIFY THE
REQUIREMENTS FOR PROPOSED DEMOLITIONS WITHIN THE NCD;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to
time ("Miami 21 Code"); and
WHEREAS, Waivers permit minor deviations from the Miami 21 Code in certain
specified circumstances as provided in the various articles of the Miami 21 Code and as
consistent with the Guiding Principles in Article 2 of the Miami 21 Code; and
WHEREAS, the Miami 21 Task Force, appointed by the City Commission, made
recommendations to simplify the review, permitting, and public hearing processes leading to
increased consistency and predictability; and
WHEREAS, this Ordinance amends the Miami 21 Code to provide applicants and City of
Miami ("City") staff with increased clarity and a more streamlined process as summarized below:
• Waiver 6. Review of Development within Neighborhood Conservation Districts for
compliance with NCD regulations (Appendix A - Neighborhood Conservation District
(NCD)). The amendment removes the Waiver process and requires proposed
demolitions within the NCD to be reviewed by Environmental Resources Department
and Historic Preservation Office at the time of building permit.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June
14, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-068 by a
vote of nine to zero (9 - 0), Item No. PZAB. 9, recommending approval of the zoning text
amendment; and
WHEREAS, the City Commission has considered whether the proposed text amendment
as stated herein will further the goals, objectives, and policies of the Miami Comprehensive
Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and
City of Miami File ID: 14197 (Revision: A) Printed On: 7/31/2024
WHEREAS, the City Commission has considered the need and justification for the
proposed text amendment, as stated herein, including changed and changing circumstances;
and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to amend the Miami 21 Code as specified herein; and
WHEREAS, the City Commission approves the Miami 21 Code text amendment, as
stated herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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. Article 7 of the Miami 21 Code is hereby amended in the following
particulars.'
"ARTICLE 7 - PROCEDURES AND NONCONFORMITIES
7.1.2.5 Waiver
The Waiver permits specified minor deviations from the Miami 21 Code; in certain specified
circumstances as provided in the various articles of this Code and as consistent with the
Guiding Principles in Article 2 of this Code. Waivers are intended to relieve practical
difficulties in complying with the strict requirements of this Code. Waivers are not intended to
relieve specific cases of financial hardship, nor to allow circumventing of the intent of this
Code. A Waiver may not be granted if it conflicts with the City Code or the Florida Building
Code.
a. Specific Waivers are described in the various articles of this Code; and are referenced
here only for convenience. The specific parameters of each Waiver are further described in
the articles in which each Waiver appears in this Code.
1. Parking reductions for Elderly Housing or for Adaptive Reuses in Community
Redevelopment Areas (Article 3, Section 3.6.1 and 3.6.7).
2. Setbacks for irregular Lots (Article 3, Section 3.3.3.c)
3. Setbacks for the property to be developed to match the dominant Setback in the Block
and its Context. (Article 3, Section 3.3.5; Article 5, Sections 5.5.1.g, 5.6.1.g and 5.8.1.g)
4. Shared Access for adjoining Lots (Article 3, Section 3.6.3.k).
5. Barbed wire fences in D1, D2 and D3 (Article 3, Section 3.7.2).
6. Review of Development within Neighborhood Conservation Districts for compliance with
NCD regulations (Appendix A). Reserved.
*11
Section 3. Appendix A - Neighborhood Conservation District ("NCD") of the Miami 21
Code is hereby amended in the following particulars:2
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 File ID: 14197 (Revision: A) Printed On: 7/31/2024
"Appendix A - Neighborhood Conservation District
A.2. VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)
2.3 Effect of NCD-2 district designation.
a. The effect of these NCD-2 regulations shall be to modify transect regulations included
within the NCD boundaries to the extent indicated herein.
b. Nothing in these regulations shall be construed as to prohibit additional structures or
neighborhoods to become Historic Preservation Overlays.
c. All demolition permits shall regi,ire a Wai„er and be referred to the Planning Department
for review under the Tree Preservation Ordinance. All submittals shall contain a tree
survey by a certified arborist.be referred to:
1. The Environmental Resources Department for compliance with Chapter 17 of the
City Coded, titled "Environmental Preservation," as may be amended.
2. The Historic and Environmental Preservation Division for review of structures fifty
(50) years or older.
A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT NCD-3
3.3 Effect of district designation
a. The effect of these NCD-3 regulations shall be to modify transect regulations included
within the NCD boundaries to the extent indicated herein.
b. Nothing in these regulations shall be construed as to prohibit additional structures or
neighborhoods to become Historic Preservation Overlays.
c. All demolition permits shall require a Waiver and be referred to the Planning Department
for review under the Tree Preservation Ordinance. All submittals shall contain a tree
survey by a certified arborist. be referred to:
1. The Environmental Resources Department for compliance with Chapter 17 of the
City Coded, titled "Environmental Preservation," as may be amended.
2. The Historic and Environmental Preservation Division for review of structures fifty
(50) years or older."
Section 4. 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.
Section 5. 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.
2 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 File ID: 14197 (Revision: A) Printed On: 7/31/2024
Section 6. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.3
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 8/7/2023
3 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 File ID: 14197 (Revision: A) Printed On: 7/31/2024