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Ordinance
City Hall
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Drive
Miami, FL 33133
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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:
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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