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Ordinance: 13269
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00151zt Final Action Date: 5/26/2011
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7, SECTION 7.2.3, ENTITLED
"ALTERATIONS AND EXPANSION OF NONCONFORMING STRUCTURES", BY
MODIFYING CRITERIA FOR ALTERATION OF CERTAIN NONCONFORMING
STRUCTURES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code,
Ordinance No. 13114; and
WHEREAS, rehabilitation of existing buildings is often the most environmentally and
financially responsible method of development; and
WHEREAS, the existing regulations to expand nonconforming structures are restrictive to
effectively rehabilitate certain structures; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on March 16,
2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-012 by a vote of
five to three (5-3), item no. 10, recommending APPROVAL to the City Commission; 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 citizens to amend its Zoning
Ordinance 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. 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby
amended in the following particulars: {1}
"ARTICLE 7 PROCEDURES AND NONCONFORMITIES
7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; AND SITE IMPROVEMENTS
7.2.3 Alterations and Expansion of Nonconforming Structures
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File Number: 11-00151zt Enactment Number: 13269
a. Single -Family Residences and Duplexes
1. Interior alterations to a nonconforming Single -Family Residence or duplex for interior
work such as repairs or interior remodeling shall be allowed.
2. Alterations, additions, repairs and maintenance to a nonconforming Single -Family
Residence or duplex shall be permitted as long as there is no enlargement of any
nonconformity that affects the exterior of the Building or premises.
3. Where alteration, addition, repair or maintenance enlarges a nonconformity affecting
the exterior of the Building or premises, the enlargement may be permitted by Waiver
from the Zoning Administrator.
b. All other Structures
1. Less than fifty percent (50%) of square footage of Structure.
Alterations which enlarge the nonconformity of a nonconforming Structure to an extent of
less than fifty percent (50%) of the total square footage of the nonconforming Structure
may be permitted by Exception from the Planning, Zoning and Appeals Board. In addition
to satisfying the Exception criteria, the proposed enlargement shall not exceed a Height
or length of fifty percent (50%) of the horizontal or vertical linear footage of the exterior
wall(s) of the remaining nonconforming portion of the Structure.
2. Fifty percent (50%) or more of square footage of the Structure.
A nonconforming Structure may be altered to enlarge the nonconformity of the Structure
by fifty percent (50%) or more of the total square footage of the nonconforming Structure
only if the Structure thereafter conforms to the Transect Zone in which it is located.
c. Computation of alterations
The extent of alteration will be calculated to include the sum of all alterations over a period
of three consecutive years.
Expansion, repairs, remodeling and maintenance that do not enlarge the nonconformity of
a nonconforming Structure
All expansions, repairs, remodeling and maintenance that do not enlarge the nonconformity
of the Structure are permitted consistent with the Florida Building Code.
*1I
Section 3. 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 4. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Miami 21 Code of the City of Miami, Florida, which provisions may
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File Number: 11-00151zt Enactment Number: 13269
be renumbered or reentered and that the word "ordinance" may be changed to "section", "article", or
other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective upon its adoption and signature of the
Mayor. {2}
Footnotes:
{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 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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