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Home My WebLink About06-25-15 CC Legislation (v2)ity of °a Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-01304zt1 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7 "PROCEDURES AND NONCONFORMITIES" TO CLARIFY LANGUAGE ON TIME EXTENSIONS OF NONCONFORMING USES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on March 24, 2015, following an advertised public hearing, adopted Resolution No. PZAB R-15-014, by a vote of eight to zero (8 to 0), Item No. 9, recommending approval of an amendment to Ordinance No. 13114, as amended, to the City of Miami City Commission; and WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ordinance No. 13114, as the City of Miami's Zoning Ordinance; and WHEREAS, the intent of the Code is to allow legal nonconformities to continue but not allow expansions or enlargements of legal nonconformities; and WHEREAS, once legal nonconforming Uses cease, they may not be re-established, except under the terms of Section 7.2 of the Code only with the granting of an Exception by the City Commission; and WHEREAS, the intent of the Code is to allow legal nonconforming Uses to continue for only twenty (20) years from the date the use first became legal nonconforming; and WHEREAS, legal nonconforming Uses are lawful Uses that would not be permitted under the Code as new uses; 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 Code as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Article 7 in the following particulars {1}: City of Miami Page 1 of 3 File Id: 14-01304zt1 (Version: 2) Printed On: 6/4/2015 File Number 14-01304ztl "ARTICLE 7 PROCEDURES AND NONCONFORMITIES 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS 7'2.6 NONCONFORMING USES a. Time Limitation Where, otthe effective date Cfadoption O[amendment Ofthis Code, 8lawful Use exists which would not be permitted under this Code, the Use may be continued for twenty (20) years from the date the Use first beC8nn8 |8g@| O0Do0OfOrnliOO and consistent with the [8qu|8tiOOS of this section. The Use Gh@Un0tbe8UOw6dtOCOntiOu88utOrD8tiC8UyupOOexpi[8tiOOOfth8tw8Oty(2O)ye8rG. Upon application, the City Commission may grant by Exception an extension for continuance of the Use for an additional term of up to twenty (20) years. However, accessory parking abutting T3-R areas that were approved as transitional Uses under prior zoning codes and were legally nonconforming prior to the adoption of this Code will not have a continued automatic twenty-year (20) extension as provided in this section, but shall instead seek an Exception before the City Commission within sixty (60) days of renewal of Certificate Of Use. ^ Section 3. If any oeoUon, part of a aanUon, paragnaph, cJauee, phrase or word of this Ordinance is declared invo|id, 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 o part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be renumbered or n8|attenad and that the word "ordinance" may be changed to "s8CUOO"'"8rtiC|8".0[other appropriate word k]accomplish such intention. GeCd0n 5. This Ordinance GhoU become effective 30 days after final reading and adoption thereof. 121 APPROVED A8TOFORM AN,C FlRECTNEG8: � � VlCrnRiAM'NOEZ CITYATTORNEY City oyMiam/ Page 2«ƒJ File Id. 14'V/3o4rtl(Version/2)Printed Ov/kxA2oJ5 File Number 14-01JO4ztl {1lVVordGand/or �gurean�U stricken through Underscored vvVrdGand/or �U figures ' 'ded. The remaining provisions are now iOeffect and remain unchanged. Asterisks indicate omitted and unchanged material. {2lThis (}ndinonceshall beoonn9effective osapeCi�edunless vetoed bythe K4oyorvvithinten (10)days 'from the date it was passed and adopted. If the Mayor vetoes this [)rdinanoe, it ah8|| become effective immediately upon override of the veto by the City Commission or upon the effective date stated, whichever is |8t8[. City of Miam/ Page 3vyJ file Id. J4'V/3o4ztl/D,nion/21Printed On: 61412V15 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2015 7.2.4 Moving a Nonconforming Structure on the Same Lot A nonconforming Structure may be moved on the same Lot only pursuant to an Exception. In addi- tion to satisfying the Exception criteria, the following criteria apply: a. The proposed movement must reduce the degree of nonconformity to the maximum extent rea- sonably feasible, or eliminate the nonconformity; b. The Structure shall in no case be moved in such a manner as to increase the degree of noncon- formity; and c. Where a nonconforming Structure is moved to a location not on the same Lot, the Structure and all new construction shall thereafter conform to the regulations for the Transect Zone to which it is moved. 7.2.5 Locally Designated Historic Resources—Nonconformities a. Definition A locally designated historic resource is a Building or Structure listed in the Miami Register of Historic Places that has been deemed individually significant for its contribution to Miami's his- tory and sense of place; or is a part of a locally designated historic district where the individual Building or Structure is deemed to add to the historic architectural qualities or historical associa- tions, and the Building or Structure has been so designated through the formal public process provided in Chapter 23 of the City Code. b. Generally Nonconforming locally designated historic resources shall be subject to the regulations of this section, except as they may be granted certain waivers or an exception for preservation purposes by the Historic and Environmental Preservation Board pursuant to Chapter 23 of the City Code. 7.2.6 Nonconforming Uses a. Time Limitation Where, at the effective date of adoption or amendment of this Code, a lawful Use exists which would not be permitted under this Code, the Use may be continued for twenty (20) years consistent with this section. Upon application, the City Commission may grant by Exception an extension for continuance of the Use for an additional term of up to twenty (20) years. However, accessory parking abutting T3-R areas that were approved as transitional Uses under prior zoning codes and were legally nonconforming prior to the adoption of this Code will not have a continued auto- matic twenty-year (20) extension as provided in this section, but shall instead seek an Exception before the City Commission within sixty (60) days of renewal of a Certificate of Use. VII.53 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2015 b. Legally established alcoholic beverage establishments, having a valid Certificate of Use or certifi- cate of occupancy and all other required permits, may continue in existence despite subsequent establishment of a church or school within the distance limitations of Chapter 4 entitled "Alcoholic Beverages" of the City Code. c. Replacement and Expansion of Structures that Contain Nonconforming Use 1. No enlargement, extension, replacement, or reconstruction of an existing Structure which contains a nonconforming Use shall be permitted except to change the Use to a conforming Use, except as provided below: (a) Interior Arrangement A nonconforming Use may be extended throughout any parts of a Structure which was clearly designed or arranged for the nonconforming Use at the time that the Use became nonconforming. If a portion of a Structure was unoccupied or not manifestly designed for the nonconforming Use, the Use may not be expanded within the Structure. (b) Alterations to the extent of less than fifty percent (50%) of the square footage of a Struc- ture containing a nonconforming Use Where an alteration of a Structure containing a nonconforming Use is less than fifty percent (50%) of the square footage of the Structure at the time of alteration, the nonconforming Use may be permitted to continue pursuant to an Exception. (c) Exterior No nonconforming Use which exists outside a Structure shall be extended to occupy more area than was occupied at the time the Use became nonconforming, except as approved by Exception and to comply with the non Use regulations of the Transect in which it is located. In this case, the occupancy of the new location shall be construed as remaining a nonconforming Use. 2. Extending / Transferring the Nonconforming Use No nonconforming Use shall be extended to occupy any other Structure on the same Lot or parcel if the other Structure was not used for the nonconforming Use at the time the Use became nonconforming. 3. Subdivision or structural additions Structures used for nonconforming Uses shall not be subdivided, nor shall any Structures be added on the premises, except for conforming Uses and Structures. 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 dis- continued or a Certificate of Use for a nonconforming Use lapses, any subsequent Use shall VI1.54 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED • MAY 2015 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. 7.2.7 Nonconforming Lots a. Nonconforming Lot A nonconforming Lot may continue and may be used as provided by this section. A noncon- forming Lot is one shown on the latest recorded plat or described by deed, both as recorded in the public records of Miami -Dade County, which met the width, length and area requirements in effect when the Lot became of record, and which Lot would not conform to the requirements of this Code. b. Street or alley closure When a Lot has become nonconforming due to a street or alley vacation or closure, the Lot may be modified pursuant to an approval by the Director of the Public Works Department as long as the degree of nonconformity created by the vacation or closure is not increased. c. Rules concerning combinations of contiguous nonconforming Lots in the same ownership and with common Frontage for T3 Transects only. 1. Combinations required (a) If two or more Lots, or combinations of Lots and portions of Lots, with continuous Front- age in the same ownership exist at the time of passage or amendment of this Code, and if all or part of the Lots do not meet the requirements for Lot width and area, the lands involved shall be considered an "undivided parcel" for the purposes of this Code. Except as provided below in paragraph c.2., no portion of an undivided parcel shall be used or sold in a manner diminishing compliance with general Transect requirements for Lot width and area. (b) The undivided parcel shall be considered one Lot for which only one Single -Family Resi- dence or duplex may be constructed, regardless of how many nonconforming Lots make up the parcel. (c) A unity of title, or covenant in lieu of unity of title, which complies with all applicable requirements of the City Code shall be required on all undivided parcels prior to the is- suance of any building permits, including demolition permits. 2. Exceptions to the combination requirement Notwithstanding paragraph c.1, where nonconforming Lots with continuous Frontage in the same ownership exist at the time of passage or amendment of this Code, such Lots may be developed individually, in accordance with the applicable code requirements and pursuant to a Waiver, if such Lots individually comply with any of the following exceptions. VII.55