HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 16955
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING
ARTICLE 7, SECTION 7.2, TITLED "NONCONFORMITIES:
STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS," TO
PROVIDE FOR REESTABLISHMENT OF SPECIFIC -PURPOSE
DESIGNED STRUCTURES THAT ARE LOCALLY DESIGNATED
HISTORIC SITES OR CONTRIBUTING STRUCTURES IN A HISTORIC
DISTRICT FOR THE USES IN WHICH THEY WERE DESIGNED BY
WARRANT AND FOR REESTABLISHMENT OF SPECIFIC -PURPOSE
DESIGNED STRUCTURES THAT ARE 50 YEARS OLD OR OLDER BY
PROCESS OF EXCEPTION; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami
PURPOSE: Amends Miami 21 to allow for structure 50 years old or older to apply for a
non -conforming use Exception to be able to use the Use for which the building was
originally designed and allows for National, State and Local designated structures to
apply via a Warrant with a recommendation from HEPB to use the Use was originally
designed.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval
PLANNING, ZONING AND APPEALS BOARD: On November 6, 2024, recommended
approval, by a vote of 6-1.
City of Miami File ID: 16955 (Revision:) Printed On: 3/27/2025
City of Miami
Legislation
Ordinance
Enactment Number:14360
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 16955 Final Action Date: 3/13/2025
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING
ARTICLE 7, SECTION 7.2, TITLED "NONCONFORMITIES:
STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS," TO
PROVIDE FOR REESTABLISHMENT OF SPECIFIC -PURPOSE
DESIGNED STRUCTURES THAT ARE LOCALLY DESIGNATED
HISTORIC SITES OR CONTRIBUTING STRUCTURES IN A HISTORIC
DISTRICT FOR THE USES IN WHICH THEY WERE DESIGNED BY
WARRANT AND FOR REESTABLISHMENT OF SPECIFIC -PURPOSE
DESIGNED STRUCTURES THAT ARE 50 YEARS OLD OR OLDER BY
PROCESS OF EXCEPTION; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to
time ("Miami 21 Code"); and
WHEREAS, on December 10, 2020, the City Commission adopted Ordinance No.
13952 amending Article 7, Section 7.2, titled "Nonconformities: Structures; Uses; Lots; Site
Improvements; and Signs," to provide for the refurbishment of specific purpose designed
structures and the reestablishment of uses for which they were designed; and
WHEREAS, it is efficient and environmentally sound to allow structures to fulfill their
intended function for their intended lifespan so as not to demolish and discard them
prematurely; and
WHEREAS, it is necessary to examine any prolongation of a non -conforming use in
order to prevent or mitigate against any potential adverse impacts and ensure its compatibility
with its present context; and
WHEREAS, in certain instances, the value of a structure in its context is such that its
preservation merits special consideration; and
WHEREAS, certain uses may offer a benefit to the City of Miami ("City") and its
residents given a particular set of circumstances worthy of consideration and public
deliberation; and
WHEREAS, this furthers Goal LU-2, 2.3 and 2.4 of the Miami Comprehensive
Neighborhood Plan ("MCNP"), which states that the City will preserve and protect the heritage
of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse,
restoration, and public awareness of Miami's historic and archeological resources; and
City of Miami File ID: 16955 (Revision:) Printed On: 3/27/2025
WHEREAS, this meets the Miami 21 Code's Intent established in Article 2, Section
2.1.2 by meeting the conservation goal of Preserving Neighborhoods, Historical Resources and
the natural environment; and
WHEREAS, on November 6, 2024, at a duly notice public meeting, the Planning, Zoning
and Appeals Board ("PZAB") considered the Miami 21 Code text amendment, item PZAB.4, and
passed PZAB-R-24-082, recommending approval, by a vote of six to one (6-1); and
WHEREAS, the City Commission has given full consideration to the Planning Director's
recommendations as to the proposed text amendment stated herein; and
WHEREAS, the City Commission conducted a public hearing on the proposed text
amendment stated herein; and
WHEREAS, the City Commission has considered whether the proposed text
amendment will further the goals, objectives, and policies of the MCNP, the Miami 21 Code,
and other City regulations; and
WHEREAS, the City Commission has considered the need and justification for
the Miami 21 Code text amendment, including changed or changing conditions that make the
passage of the proposed text amendment stated herein necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI CITY 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 if fully set forth in this Section.
Section 2. Article 7 of the Miami 21 Code is further amended in the following
particulars:
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS;
AND SIGNS
7.2.6 Nonconforming Uses
e. Exception for specific purpose structures
Structures clearly designed or arranged specifically for a Use or Uses that are no longer in
conformity with the regulations of the Transect Zone in which they are located may be
permitted to reestablish the non -conforming Use or Uses by Exception upon demonstrating
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: 16955 (Revision:) Printed On: 3/27/2025
said non -conforming Use or Uses can be rendered compatible with their present context and
provided that:
1. The Structure is Nationally, State or locally designated as a historic site or is -a
contributing structure in a historic district and the Use for the historic site or
contributing structure is processed by Warrant with a recommendation from the HEPB
to the Planning Director; or
2. The Structure is 50 years old or older and is processed by Exception with a
recommendation from the HEPB.
This process is limited to reestablishing Uses that are currently permitted in the City under this
Code.
*„
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 ten (10) days after adoption by the City
Commission.2
APPROVED AS TO FORM AND CORRECTNESS:
rge Wyy ng III, C y ttor -y 12/3/2024
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: 16955 (Revision:) Printed On: 3/27/2025