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Home My WebLink AboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #1756 Ordinance Second Reading Sponsored by: Wifredo Gort, Commissioner 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 NONCONFORMING USE PILOT PROGRAM FOR AUTO -RELATED COMMERCIAL ESTABLISHMENTS AND WHOLESALE USES THROUGH AUGUST 1, 2017; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 1756 (Revision: A) Printed On: 3/21/2025 City of Miami Legislation Ordinance Enactment Number: 13684 File Number: 1756 Final Action Date: 5/25/2017 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 NONCONFORMING USE PILOT PROGRAM FOR AUTO -RELATED COMMERCIAL ESTABLISHMENTS AND WHOLESALE USES THROUGH AUGUST 1, 2017; 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, certain zoning changes Citywide precluded specific uses, particularly along main corridors of the City, where significant investments were made; and and WHEREAS, it befits the City to amortize such investments over a longer period of time; WHEREAS, the City Commission wishes to reinstate the pilot program for private 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 if 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 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: 1756 (Revision: A) Printed On: 3/21/2025 DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT 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 the Miami 21 Code, the Zoning Ordinance of the City of Miami, as amended, ("Miami 21 Code"), the following pilot program is hereby instituted for Auto -Related Commercial Establishments and wholesale Uses and will automatically terminate on August 1, 20162017. (a) Discontinuance or abandonment of a nonconforming use - Six (6) months or less. A Certificate of Use ("CU") 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; and (2) The use has not been discontinued or the CU has lapsed for six (6) months or less. (b) Discontinuance or abandonment of a nonconforming use - More than six (6) but less than eighteen (18) months. If a nonconforming use has been discontinued or abandoned or a CU for a nonconforming use has lapsed for a period of more than six (6) months but for less than eighteen (18) months, the nonconforming use may be permitted to continue, and a CU renewed, by process of Warrant. The procedure and criteria for the Warrant process shall be as detailed in the Miami 21 Code. In order to restore a nonconforming use by Warrant, the following criteria shall be applicable in addition to the criteria set forth in the Miami 21 Code: (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 (4) The nonconforming use will not prove materially adverse to the surrounding properties pursuant to Article 4, Table 12 of the Miami 21 Code. (c) Discontinuance or abandonment of a nonconforming use — Eighteen (18) months or more and less than five (5) years. If a nonconforming use is discontinued or abandoned or a CU for a nonconforming use lapses for a period of eighteen (18) months or more and less than five (5) years, any subsequent use shall fully conform to the current regulations of the Miami 21 Code unless an Exception with City Commission approval is granted. In order to restore a nonconforming use by Exception, the following criteria shall be applicable in addition to the criteria set forth in Miami 21 Code: (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 City of Miami File ID: 1756 (Revision: A) Printed On: 3/21/2025 (4) The nonconforming use will not prove materially adverse to the surrounding properties pursuant to Article 4, Table 12 of the Miami 21 Code. (d) This Section shall only apply to nonconforming uses that were lawful at the time the use was established but would not be permitted under the Miami 21 Code, and the amortization period has not expired 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 issuance of a CU for any use for which the amortization period set forth in Section 7.2.6 of the Miami 21 Code has expired. (f) No CU may be issued, extended, reinstated, or renewed for the following: (1) Uses for which a CU has been revoked or suspended by the Zoning Administrator; (2) Uses which were not legal at the time they were established; (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 (4) Any nonconforming use that has been discontinued or abandoned or a CU for a nonconforming use that has lapsed for a period of five (5) years or more. *„ 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: Barnaby I_. Min, Deputy City Attorney 2/1372017 FOR VICTORIA MENDEZ, THE CITY ATTORNEY 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: 1756 (Revision: A) Printed On: 3/21/2025