HomeMy WebLinkAboutO-13577City of Miami
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Ordinance: 13577
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-01075zt Final Action Date: 11/19/2015
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
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.
WHEREAS, 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 -conforming buildings with less than the
required on -site 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 incorporated as 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}:
"ARTICLE 7 PROCEDURES AND NONCONFORMITIES
7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS
City of Miami
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File Number: 14-01075zt Enactment Number: 13577
7.2.8 NONCONFORMING SITE IMPROVEMENTS
b. Except in a T3 or T4-R Transect Zone or within an area of the city for which a parking trust fund
has been established and is in effect pursuant to Chapter 35 of the City Code, Wwhere existing
Off-street Parking facilities are is nonconforming to the requirements of this Code or any other city
standards to any Use permitted in the Transect Zone, Adaptive Use, the restoration or rehabilitation of
an existing Building or adaptive Use to any permittcd Usc in the Transcct Zonc shall not require the
provision of additional parking or on -site storm water retention or detention, cxcept to the extent
required by applicable state or federal law. If the prior Use of such structure was single-family, duplex,
or lodging and the site is loss than 500 feet away from abuts a T3 Transect Zone, the provision of
additional parking shall be required as per the requirement of this Code. No modifications may be
permitted which increase the degree of the existing nonconformity. Modifications to Off-street Parking
the facilities 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.
*II
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 other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof. {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
(10) 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, whichever is later.
City of Miami Page 2 of 2 File Id: 14-010757t (Version: 5) Printed On: 4/5/2018