HomeMy WebLinkAboutO-13660City of Miami
Ordinance 13660
Legislation
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:'
"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 Page 1 of 3 File ID: 1112 (Revision:) Printed On: 3/20/2025
File ID: 1112 Enactment Number: 13660
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 cot 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;
and
{/1) The nonconforming use will not prove materially adverse to the surrounding
prop an /�rti 1/1 Table 12 ref the Miami 21 Code
,�e�t���fe�Rc�� R,.�Z—r-��
{c) Discontinuance or abandonment of a nonconforming use Eightccn months or morc and
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-c than five years, any
subsequent use shall fully conform to the current regulations of the zoning ordinance unless an
cxccption with city commire,ion approval is grantcd. In ordcr to rcstorc a nonconforming use by
cxccption, the following critcria shall be applicablc in addition to the 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;
{/1) The nonconforming use will not prove materially adverse to the surrounding
pproperties-p-urs-u-ant to crticl e4, Table 1 2 r,f th M-Earn-z11 C de.
City of Miami Page 2 of 3 File ID: 1112 (Revision:) Printed on: 3/20/2025
File ID: 1112 Enactment Number: 13660
(d) This section shall only apply to nonconforming uses that were lawful at the time the use was
pired pursuant to Section 7.2.6 of the Miami 21 Code.
{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 ise fora nonconforming i ise that has lapsed fora period of more five years
{g) 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:
rider City Attor
1/17/2017
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
Page 3 of 3 File ID: 1112 (Revision:) Printed on: 3/20/2025