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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:
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 7.2.6 "NONCONFORMING USES" BY MODIFYING REGULATIONS TO
ALLOW NONCONFORMING USES TO CONTINUE; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will establish procedures for allowing legal nonconforming uses to
continue after review and approval by the Planning Department.
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code,
Ordinance No. 13114; 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; 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,
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.
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File Id: 11-00492zt (Version: 1) Printed On: 6/9/2011
File Number: 11-00492zt
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
* * *
7.2.6 Nonconforming Uses
* * *
d. Discontinuance or Abandonment of a nonconforming Use
If, for a period of more than six (6) months, a nonconforming Use is documented as being
discontinued or a Certificate of Use for a nonconforming Use lapses, any subsequent Use
shall 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
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
properties.
Use is documented as discontinued or a Certificate of Use for
If a
not prove materially adverse
to the
that
surrounding
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.
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File Id: 11-00492zt (Version: 1) Printed On: 6/9/2011
File Number: 11-00492zt
*II
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. 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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