HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami
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 COMMISSIONAMENDING CHAPTER
2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING,
BUILDING.AND ZONING DEPARTMENT," MORE PARTICULARLY BY CREATING
A NEW SECTION 2-212, ENTITLED " CERTIFICATE OF USE PILOT PROGRAM,"
CREATING AND IMPLEMENTING A PROCESS FOR THE CONTINUATION OF
NON -CONFORMING USES FORA PERIOD OF TWO (2) YEARS; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
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-11-029, by a vote of
seven to zero (7-0), item no. 2, recommending APPROVAL with conditions of the original request as
stated in the PZAB Resolution; and
WHEREAS, businesses are required to obtain a Certificate of Use in order to operate in the
City of Miami ("City"); and
WHEREAS, such uses must comply with the requirements of the City's Zoning Ordinance
("Miami 21"); and
WHEREAS, due to the negative impact of the economy, many businesses have not been able
to continue and have allowed their Certificates of Use to lapse; and
WHEREAS, upon adoption of Miami 21, many uses that were previously allowed are no longer
allowed in the City; and
WHEREAS, in order to encourage economic development, this proposed ordinance creates a
procedure for the extension of non -conforming uses;
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
and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/Article IV/Division 2 of the Code of the City of Miami, Florida, as
amended, is further amended in the following particulars: {1}
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File Number: 11-00492zt
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT.
Sec. 2-212. Nonconforming Use Pilot Program.
Intent. In order to encourage economic development and notwithstanding any contradictory
provisions in the City Code or Zoning Ordinance, the following pilot program is instituted for a period of
two (2) years and will automatically terminate on August 1, 2013, unless otherwise extended by
affirmative vote of the City Commission.
(b) Discontinuance or Abandonment of a Nonconforming Use. Any nonconforming Use may be
renewed so long as the Use has not been discontinued or a Certificate of Use has not lapsed for
longer than six (6) months.
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 for less than eighteen (18) months, the nonconforming
Use may be permitted to continue by Warrant. The procedures and criteria for the Warrant process
shall be as detailed in the Zoning Ordinance. In order to restore a nonconforming Use by Warrant, the
following additional criteria shall be established and confirmed by the Planning Department:
1.The nonconforming Use was legally established and operated;
2. If in a structure, the nature and character of the nonconforming Use is substantially the same as
that for which the Structure was originally designed;
3.No material difference in the quality, character, intensity, or degree of the nonconforming Use will
exist; 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 the Zoning Ordinance.
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 2. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
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declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 3. This Ordinance shall become effective immediately after final reading and adoption
thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS!/
JULIE O. BRU
CITY ATTORNEY
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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