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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00492zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 7, SECTION 7.2.6, ENTITLED
"NONCONFORMING USES", BY MODIFYING REGULATIONS TO ALLOW
NONCONFORMING USES TO CONTINUE; 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 ("Zoning Ordinance"); and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June
15, 2011, following an advertised public hearing, adopted Resolution No. PZAB-R-10-0** by a vote of *
to * (* *), item no. *, recommending * of the SAP as set forth; and
WHEREAS, the time frame in which a property owner needs to lease a space that becomes
vacant may exceed the six (6) month time frame that is permissible in the Code of the City of Miami,
Florida, as amended; and
WHEREAS, the Warrant procedure will effectively limit any adverse effects this proposal may
have on surrounding properties; 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. The Zoning Ordinance is amended in the following particulars: {1 }
"ARTICLE 7 PROCEDURES AND NONCONFORMITIES
*
7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; AND SITE IMPROVEMENTS
*
7.2.6 Nonconforming Uses
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d. Discontinuance or Abandonment of a nonconforming Use
conform to the regulations of this Code. Provided, however, the time period shall not include any time
during which the discontinuance is caused by governmental action which impedes access to the
premises.
Any nonconforming Use may be automatically renewed so long as the Use has not been
discontinued or a Certificate of Use has not lapsed for a period of six (6) months or less.
If a Use is documented as discontinued or a Certificate of Use for a nonconforming Use lapses for
a period of more than six (6) months but eighteen (18) months or less, the nonconforming Use may be
permitted to continue by Warrant. In order to restore a nonconforming Use by Warrant, all of the
following must be established and confirmed by the Planning Department:
1. The nonconforming Use was legally established and operated;
2. The nature and character of the nonconforming Use is substantially the same as that for which the
Structure was originally designed;
3. There is no material difference in the quality, character, intensity, or degree of the nonconforming
Use; and
4. The nonconforming Use will not prove materially adverse to the surrounding properties.
If a Use is documented as discontinued or a Certificate of Use for a nonconforming Use lapses for a
period of more than eighteen (18) months, any subsequent Use shall fully conform to the regulations
of this Code.
Any time periods reflected in this section shall not include time during which the discontinuance
was caused by governmental action which impeded access to the property.
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
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. This Ordinance shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
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{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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