HomeMy WebLinkAboutPZAB 3.16.11PZAB.10
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID: 11-00151zt Legislative
Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND
APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL TO
THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO.
13114, BY AMENDING ARTICLE 7, SECTION 7.2.3, ALTERATIONS
AND EXPANSION OF NONCONFORMING STRUCTURES, BY
MODIFYING CRITERIA OF SUCH STRUCTURES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Location:
Applicant(s):
Purpose:
Citywide
Tony E. Crapp Jr. City Manager, on behalf of the City of Miami.
This zoning text amendment will modify the maximum expansion of
nonconforming structures by removing horizontal and vertical
maximum limitations. The modified criteria will allow expansion up to
fifty percent (50%) of the existing square footage.
Planning Department
Recommendation: Approval.
Analysis: N/A
Planning, Zoning and
Appeals Board: March 16, 2011
City of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00151zt Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OR DENIAL TO THE MIAMI CITY COMMISSION
TO AMEND ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7,
SECTION 7.2.3, ALTERATIONS AND EXPANSION OF NONCONFORMING
STRUCTURES, BY MODIFYING CRITERIA OF SUCH 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 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,
FLORI DA:
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
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File Id: 11-00151zt (Version: 1) Printed On: 2/14/2011
File Number: 11-00151zt
7.2.3 Alterations and Expansion of Nonconforming Structures
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.
d. 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.
*„
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.
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File Number: 11-00151zt
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
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. These amendments shall be implemented upon adoption. {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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