HomeMy WebLinkAbout05-28-15 CC Legislation (v3)City of Miami
Legislation
Ordinance
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File Nuntherl 14.01075zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
N0,13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 7, SECTION 7,2, ENTITLED "PROCEDURES AND NONCONFORMITIES,"
TO moDIFy PARKING REQUIREMENTS FOR ADAPTIVE USES; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE,
VVHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at Its meeting on
November 5, 2014, item No, PZAB,9, following an advertised public hearing, adopted Resolution No.
PZAB-R-14-070 by a vote of seven to zero (7-0), recommended the adoption of this Item to the City
Commission; and
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"),
Ordinance 13114 as the City of Miami's ("City") Zoning Ordinance; and
WHEREAS, the intent of the Code is to promote the rehabilitation, restoration, and
adaptive uses on existing Buildings; and
WHEREAS, the intent of the Code is to allow non-oonforming Buildings with tss than the
required on-slte parking, or no parking, to continue to exist with vested rights; and
WHEREAS, it has been determined that Article 7, Section 7,2 of the Code needs to be
corrected and updated to reflect the Intent and provide clarification and accuracy; 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 and its citizens to amend the
Code 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 inoorporated as fully set forth in this Section,
Section 2, Ordinanoe 13114, the Zoning Ordinanoe of the City of Miami, Florida, Is hereby
amended by making modifications to Article 7 in the following particulars (11:
'ARTICLE 7 PROCEDURES AND NONCONFORMITIES
*
7,2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS
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Fite Pk 14-0107521 (Iier,slcit.' 3) Miffed Ow 3/13/2013
Pilo Number; 14-01076zt
7,2.8 NONCONFORMING SITE IMPROVEMENTS
b. Where existing Off-street Parking faellitiesrare is nonoonforming to the requirements of this Code or
any other city standards, the restoration or rehabilitation of an existing Building or Adaptive Use, or to
any permitted Use in the Transect Zone shall not require the provision of additional parking or on -site
storm water retention or detention except where the site Is located in a T3 or T4-R Trenseot Zone or
where the site is within an area 9f the City for which a parking trust fund has been established or is in
effect pursuant to Chapter 35 or the Pity Code, except to the extent required by applicable state or
federal law, No modifications may be permitted which inorease the degree of the existing
nonconformity. Modifications to -the -feel -lit -lee to Off-street Parking may be approved by Waiver, and the
Waiver may be conditioned on safeguards that reduce the degree of nonconformity to the extent
reasonably feasible in the circumstances of the case,
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is
declared invalid, the remaining provisions of thls Ordinanoe 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 other appropriate word to accomplish suoh intention.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof, {2}
APPROVED AS TO FORM AND, CORRECTNESS:
VITORJA IV1NDEZ
CITY ATTORNEY •
WOOtTIQt0S
{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) Thls Ordinance shall beoome effective as specified herein unless vetoed by the Mayor within ten
(10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, It shall
become effeotive immediately upon override of the veto by the City Commission or upon the effective
date stated, whlohever Is later.
CO of Miami
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