HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
Second Reading
File ID: #1112
Date:
Commission Meeting Date: 02/23/2017
Type: Ordinance
Subject: Amend Code -
Nonconforming Use Pilot Prgm.
Purpose of Item:
Requesting Department: Department of
Planning and Zoning
Sponsored By:
District Impacted: All
TO AMEND CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING
DEPARTMENT," MORE PARTICULARLY BY AMENDING SECTION 2-212, ENTITLED
"NONCONFORMING USE PILOT PROGRAM," TO REINSTATE THE PILOT
PROGRAM THROUGH AUGUST 1, 2017 FOR GOVERNMENT OWNED AND
OPERATED USES
Background Information:
On July 28, 2011, the City of Miami Commission adopted the Nonconforming Use Pilot
Program under Ordinance No. 13280. Resolution No. 13-0343 adopted September 12,
2013 increased the public knowledge of the existence of the Nonconforming Use
Program and extended the period of time. Additionally, the City Commission adopted
Ordinance No. 13539 on July 23, 2015 to reinstate the program through August 1, 2016.
The purpose of this ordinance is to reinstate the pilot program for government owned
and operated uses only.
Budget Impact Analysis
Item is Related to Revenue
Reviewed B
City Manager's Office Anna Medina
Office of Management and Budget Christopher M Rose
City Manager's Office Nzeribe Ihekwaba
City Manager's Office Daniel J. Alfonso
Legislative Division Valentin J Alvarez
Office of the City Attorney Nicole Ewan
Office of the City Attorney Nicole Ewan
City Commission Nicole Ewan
Office of Management and Budget Fred Pericles
Department of Planning Luciana Gonzalez
Legislative Division Valentin J Alvarez
Department Head Review Completed
Budget Review Completed
Assistant City Manager Review Completed
City Manager Review Completed
Legislative Division Review Completed
Deputy City Attorney Review Skipped
Approved as to Form and Correctness
Meeting Completed
Initial Budget Review Completed
Department Head Review Completed
Legislative Division Review Completed
12/23/2016 1:17 PM
01/11/2017 1:55 PM
01/11/2017 3:09 PM
12/24/2016 2:53 PM
01/11/2017 12:31 PM
10/27/2016 7:53 AM
Skipped
10/27/2016 9:00 AM
01/06/2017 3:13 PM
01/11/2017 2:43 PM
01/11/2017 2:50 PM
City of Miami File ID: 1112 (Revision:) Printed On: 3/20/2025
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
Office of the Mayor
Office of the City Clerk
Barnaby L. Min
Victoria Mendez
Nicole Ewan
Nicole Ewan
Mayor's Office
City Clerk's Office
Deputy Attorney Review
Approved Form and Correctness
Meeting
Meeting
Completed
Completed
Completed
Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
01/11/2017 3:49 PM
01/17/2017 10:07 AM
01/26/2017 9:00 AM
02/23/2017 9:00 AM
02/27/2017 3:00 PM
02/27/2017 3:05 PM
City of Miami File ID: 1112 (Revision:) Printed On: 3/20/2025
City of Miami
Legislation
Ordinance
Enactment Number:13660
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1112 Final Action Date: 2/23/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND
ZONING DEPARTMENT" MORE PARTICULARLY BY AMENDING
SECTION 2-212, ENTITLED "NONCONFORMING USE PILOT
PROGRAM", TO REINSTATE THE PILOT PROGRAM THROUGH
AUGUST 1, 2017 FOR GOVERNMENT OWNED AND OPERATED USES
ONLY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Section 2-212 of the Code of the City of Miami, Florida, as amended ("City
Code"), created a pilot program that allowed for the reinstatement of certain non -conforming
discontinued and abandoned uses; and
WHEREAS, said pilot program expired on August 1, 2016; and
WHEREAS, the City Commission wishes to reinstatement the pilot program for
government owned and operated uses;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION FOR 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. Chapter 2/Article IV/Division 2 of the City Code is amended in the following
particulars:1
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT
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.
City of Miami File ID: 1112 (Revision:) Printed On: 3/20/2025
Sec. 2-212. - Nonconforming use pilot program.
It is the intent of this program to encourage economic development and notwithstanding any
contradictory provisions in the City Code or zoning ordinance including Section 7.2.6(d) of
Miami 21, the following pilot program is hereby instituted and will automatically terminate on
August 1, 20162017.
use for any nonconforming use which has lapsed may be renewed so long as:
{1) No material difference in the quality, character, intensity, or degree of the
nonconforming use will exist or greater compliance with the Miami 21 Code is provided;
{2) The use has not been discontinued or the certificate of use has not lapsed for longer
than six months.
by process of warrant. The procedure and criteria for the warrant process shall be as detailed in
the zoning ordinance. In order to restore a nonconforming use by warrant, the following criteria
shall be applicable in addition to the criteria set forth in Miami 21:
{1) The nonconforming use was originally legally established and operated at the time
the use began;
{2) If in a structure, the nature and character of the nonconforming use is substantially
the same as that for which the structure was originally designed;
{3) No material difference in the quality, character, intensity, or degree of the
nonconforming use will exist or greater compliance with the Miami 21 Code is provided;
{'I) The nonconforming use will not prove materially adverse to the surrounding
, ert�ant to ticle,4, Table 12 of the Miamri�wae.
{c) Discontinuance or abandonment of a nonconforming use Eightccn months or more and Ic&
than five years. If a nonconforming use is discontinued or abandoned or a certificate of use for a
nonconforming use lapses for a period of more than 18 months and le-s than five years, any
subsequent use shall fully conform to the current regulations of the zoning ordinance unless an
cxccption with city commi-pion approval is grantcd. In ordcr to rcstorc a nonconforming use by
cxccption, thc following critcria shall be applicablc in addition to thc criteria set forth in Miami
{1) The nonconforming use was originally legally established and operated at the time
the use began;
{2) If in a structure, the nature and character of the nonconforming use is substantially
the same as that for which the structure was originally designed;
{3) No material difference in the quality, character, intensity, or degree of the
nonconforming use will exist or greater compliance with the Miami 21 Code is provided;
and
{/1) The nonconforming use will not prove materially adverse to the surrounding
properties pursuant to tide 4,-Ta to 12 of the Miami 21 Code.
(d) This section shall only apply to nonconforming uses that were lawful at thc timc thc use was
establisher! but would not be permitted under Miami 21 and the amortization period has not-
0
cxpircd pursuant to Scction 7.2.6 of the Miami 21 Code.
City of Miami File ID: 1112 (Revision:) Printed On: 3/20/2025
{e) Nothing in this section shall be construed to permit the extension of any use nor the
21 Section 7.2.6 has expired.
(f) No certificate of use may be issued, extended, reinstated, or renewed for the following:
{1) Uses for which a certificate of use has been revoked or suspended by the zoning
administrator; or
{2) Uses which were not legal at the time they were established; or
{3) Any nonconforming structure or any structure containing a nonconforming Use that
becomes unsafe or unlawful by declaration of the City of Miami, Miami Dade County
Unsafe Structures Board, or other governmental agency having jurisdiction; or
i ice fora nonconforming i ise that has lapsed fora period of more five years
{ } Government owned and operated uses. Notwithstanding the foregoing a A certificate of use
may be issued for a major facility, infrastructure and utilities, and/or government maintenance
facilities, as those terms are defined in Miami 21, where the following criteria are met:
(1) The structure is owned and operated by a government agency.
(2) The structure was constructed pursuant to lawfully obtained building permit(s).
(3) A certificate of occupancy was issued for the structure on or before July 1, 2013.
(4) The property has no pending code enforcement violations, except for a violation
properly under the purview of this section.
(5) All outstanding fees and fines including, but not limited to, stormwater fees accrued
as of the effective date of the ordinance from which this section derives, must be paid to
the city.
*„
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. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
-ndez, ity Attor
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
herein. whichever is later.
City of Miami File ID: 1112 (Revision:) Printed On: 3/20/2025