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HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com File Number: 12-00942zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, ENTITLED, "GENERAL TO ZONES", SECTIONS 3.3.1 AND 3.6.1, TO PROVIDE REGULATIONS FOR ACCESSORY PARKING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on November 7, 2012, following an advertised public hearing, adopted Resolution No. PZAB-R-12-048 by a vote of ten to zero (10-0), item no. 8, recommending APPROVAL of this amendment as set forth; and WHEREAS, accessory parking regulations currently conflict with other sections of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida ("Zoning Ordinance"); and WHEREAS, accessory parking is considered customarily incidental and subordinate to a principal use; and WHEREAS, it is deemed that additional regulations are desirable to address accessory parking along commercial corridors where such parking may be necessary; and WHEREAS, it is proposed that accessory parking may be allowed by Exception on legally built parking lots; 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 the 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, Article 3 of the Zoning Ordinance entitled "General to Zones" is hereby amended by in the following particulars {1}: "ARTICLE 3. GENERAL TO ZONES 3.3 LOTS AND FRONTAGES City of Miami Page I of 3 File Id: 12-00942zt (Version: 3) Printed On: 11/27/2012 File Number: 12-00942zt 3.3.1. Lots assembled into one ownership within one Transect Zone may be developed as a single Lot. Lots assembled into one ownership that encompass more than one Transect zone shall be developed according to the corresponding Transect regulation for each Lot, except as described in Section 3.6.1(e). In such cases, there shall be no transfer of Density or Intensity of Development Capacity between Transect zones, Where Lots are assembled into one ownership, the side or rear Setbacks sharing the Property Line may be eliminated. Lot assembly shall require a Unity -of -Title acceptable to the City Attorney. Contiguous Lots in one ownership, as of the effective date of this Code, may be developed as one Lot in excess of the maximum Lot Size, T' Lots adjacent to T5 or T6 Lots may provide parking f„r adiacent i of u o and hall follow all other T4 requirements including Lincr requirements, Ace * 3.6 OFF-STREET PARKING AND LOADING STANDARDS 3.6.1 Off-street Parking Standards a. Off-street Parking requirements for the individual Transect Zones shall be as set forth in Article 4, Table 4. Where required off-street parking is based on square footage of Use, the calculation shall only include Habitable Rooms and Habitable Space occupied by such Use. b. Off-street Parking dimensions and Shared Parking (mixed -use) reduction table shall be as set forth in Article 4, Table 5, c. Required Parking for Adaptive Reuses may be reduced or exempted by Waiver for properties located in a Community Redevelopment Area, or in areas where a Parking Trust Fund has been established, or for historic sites and contributing Structures within designated historic districts. d. Parking reductions shall not be cumulative except in T6-36, T6-48, T6-60 and T6-80. Parking reductions shall not exceed fifty percent (50%) of the total Off-street Parking required, except for Residential components of projects within one thousand (1,000) feet of Metroraii or Metromover stations. e. Parking that is otherwise not allowed but that is customarily incidental and subordinate to a principal Use may be provided in any T3 or T4-R Transect Zone by process of Exception and only if there is an existing legally built parking lot. Access for such Lots shall be subject to all other requirements of the Transect Zone including Liner, landscaping, or Streetscreen requirements. Such parking shall not expand or increase the degree of nonconformity. Parking in other Transect Zones shall be approved pursuant to Article 4, Table 3. *II City of Miami Page 2 of 3 File Id: 12-00942zt (Version: 3) Printed On: 11/27/2012 File Number: 12-00942zt Section 3. If any section, part of a 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 Zoning Ordinance 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 otherappropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty (30) days after adoption and signature of the Mayor. {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. City of Miami Page 3 of 3 File Id: 12-00942zt (Version: 3) Printed On: 11/27/2012