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HomeMy WebLinkAboutLegislation-SUBCity of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 7920 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 7, SECTION 7.2, TITLED "NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO PROVIDE FOR REESTABLISHMRINTrit OF SPECIFIC -PURPOSE DESIGNED STRUCTURES THAT ARE `2 c LOCALLY DESIGNATED HISTORIC SITES OR CONTRIBUTING cr" r� STRUCTURES IN A HISTORIC DISTRICT FOR THE USES IN WHICH THEY WERE DESIGNED; MAKING FINDINGS; CONTAINING A Am SEVEFRABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE 3 EFFECTIVE DATE. 3-<" WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting or,c so October 7, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20- 038 by a vote of six to one (6-1), Item No. 3, recommending approval of the proposed text amendment stated herein; and WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, it is efficient and environmentally sound to allow structures to fulfill their intended function for their intended Iifespan so as not to demolish and discard them prematurely; and WHEREAS, it is necessary to examine any prolongation of a non -conforming uses in order to prevent or mitigate against any potential adverse impacts and ensure their compatibility with their 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, the City Commission has given full consideration to the Planning Director's recommendations as to this proposed text amendment; and WHEREAS, the City Commission has conducted a public hearing on the proposed text amendment; and rn City of Miami Me ID: 7920 (Revision: B) Printed On: 12/8I2020 792o Cegislalion-SuS WHEREAS, the City Commission has considered whether the proposed text amendment will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed 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 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:1 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS * * * 7.2.6 Nonconforming Uses a. Time Limitation Where, at the effective date of adoption or amendment of this Code, a lawful Use exists which would not be permitted under this Code, the Use may be continued for twenty (20) years from the date the Use first became legal nonconforming and consistent with the regulations of this section. The Use shall not be allowed to continue automatically upon expiration of the twenty (20) years. Upon application, the City Commission may grant by Exception an extension for continuance of the Use for an additional term of up to twenty (20) years. However, accessory parking abutting T3-R areas that were approved as transitional Uses under prior zoning codes and were legally nonconforming prior to the adoption of this Code will not have a continued automatic twenty-year (20) extension as provided in this section, but shall instead seek an Exception before the City Commission within sixty (60) days of renewal of a Certificate of Use. b. Legally established alcoholic beverage establishments, having a valid Certificate of Use or certificate of occupancy and all other required permits, may continue in existence despite subsequent establishment of a church or school within the distance limitations of Chapter 4 entitled "Alcoholic Beverages" of the City Code. c. Replacement and Expansion of Structures that Contain Nonconforming Use 1. No enlargement, extension, replacement, or reconstruction of an existing Structure which contains a nonconforming Use shall be permitted except to change the Use to a conforming Use, except as provided below: 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: 7920 (Revision: B) Printed On: 12/8/2020 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 1. Interior Arrangement A nonconforming Use may be extended throughout any parts of a Structure which was clearly designed or arranged for the nonconforming Use at the time that the Use became nonconforming. If a portion of a Structure was unoccupied or not manifestly designed for the nonconforming Use, the Use may not be expanded within the Structure. 2. Alterations to the extent of Tess than fifty percent (50%) of the square footage of a Structure containing a nonconforming Use Where an alteration of a Structure containing a nonconforming Use is less than fifty percent (50%) of the square footage of the Structure at the time of alteration, the nonconforming Use may be permitted to continue pursuant to an Exception. 3. Exterior No nonconforming Use which exists outside a Structure shall be extended to occupy more area than was occupied at the time the Use became nonconforming, except as approved by Exception and to comply with the non Use regulations of the Transect in which it is located. In this case, the occupancy of the new location shall be construed as remaining a nonconforming Use. 2. Extending / Transferring the Nonconforming Use No nonconforming Use shall be extended to occupy any other Structure on the same Lot or parcel if the other Structure was not used for the nonconforming Use at the time the Use became nonconforming. 3. Subdivision or structural additions Structures used for nonconforming Uses shall not be subdivided, nor shall any Structures be added on the premises, except for conforming Uses and Structures. d. Discontinuance or Abandonment of a nonconforming Use If, for a period of more than six (6) months, a nonconforming Use is documented as being discontinued or a Certificate of Use for a nonconforming Use lapses, any subsequent Use shall conform to the regulations of this Code. Provided, however, the time period shall not include any time during which the discontinuance is caused by govemmental action which impedes access to the premises. 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 said non- conforming Use or Uses can be rendered compatible with their present context; provided that the structure is locally designated as a historic site or is a contributing structure in a historic district. This process is limited to reestablishing Uses that are currently permitted in the Citv 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 should not be affected. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami File ID: 7920 (Revision: B) Printed On: 12/8 2020 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 Miami 21 Code, 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 Z m W za Section 5. This Ordinance shall become effective ten (10) day after its adoption by ▪ 5 the City Commission.2 I- a o z m Fe- H N 0 u. a • O - be 13 W • W 2cc ccr ✓ CCH Q a *IC W • O 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 Miaenl Rio ID: 7920 (Revision: B) Printed On: 12/8/2020 itr„,d so <Q R,O File Number: 7920 City of Miami Legislation Ordinance: City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.cam Final Action Dat AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF AMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 7, SECTION 7.2, LED "NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVMENTS; AND SIGNS", TO PROVIDE FOR REESTABLISHMENT OF SPECI . C- PURPOSE DESIGNED STRUCTURES THAT ARE LOCALLY D :IGNATED HISTORIC SITES, CONTRIBUTING STRUCTURES IN A HIST' ' IC DISTRICT, OR CONTAIN ONLY RESIDENTIAL USES FOR THE USES WHICH T�E WERE DESIGNED; MAKING FINDINGS; CONTAINING A ' VERABILI— CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFE' IVE DATE. 52: FA o WHEREAS, the Planning, Zoning and Appeals Board ZAB"), at its meeting _ October 7, 2020, following an advertised public hearing, ad • •ted Resolution No. PZA 0-co 038 by a vote of six to one (6-1), Item No. 3, recommend' g approval of the proposed t amendment stated herein; and SPONSOR(S): Commissioner Keon Hardemon N GED WHEREAS, on October 22, 2009, the City • mmission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, FI • da ("Miami 21 Code"); and WHEREAS, it is efficient and environ entally sound to allow structures to fulfill their intended function for their intended lifespa so as not to demolish and discard them prematurely; and WHEREAS, it is necessary t• examine any prolongation of a non -conforming uses in order to prevent or mitigate again any potential adverse impacts and ensure their compatibility with their present context; and WHEREAS, in certa instances, the value of a structure in its context is such that its preservation merits speci consideration; and WHEREAS, - ain uses may offer a benefit to the City of Miami ("City') and its residents given a p - icular set of circumstances worthy of consideration and public deliberation; and WHE' EAS, the City Commission has given full consideration to the Planning Director's recomme . ations as to this proposed text amendment; and EREAS, the City Commission has conducted a public hearing on the proposed text am - dment; and City of Miami Page 1 of 4 Filet!): 7920 (Revision: A) Printed On: 12/10/2020 File ID: 7920 Enactment Num . r: WHEREAS, the City Commission has considered whether the proposed text amen will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification the proposed text amendment including changed or changing conditions that mak of the proposed text amendment stated herein necessary; r the passage ent Ian, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIO OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble , this Ordinance are adopted by reference and incorporated as if fully set forth in this Secti, n. Section 2. Article 7 of the Miami 21 Code is further amend - d in the following particulars:' "ARTICLE 7. PROCEDURES AND NON • NFORMITIES 7.2 NONCONFORMITIES: STRUCTURES; USES; L• S; SITE IMPROVEMENTS; AND SIGNS * * * 7.2.6 Nonconforming Uses a. Time Limitation Where, at the effective date of adoption • r amendment of this Code, a lawful Use exists which would not be permitted under this Co. - , the Use may be continued for twenty (20) years from the date the Use first became legal ►onconforming and consistent with the regulations of this section. The Use shall not be allo d to continue automatically upon expiration of the twenty (20) years. Upon application, th ity Commission may grant by Exception an extension for continuance of the Use for an - • ditional term of up to twenty (20) years. However, accessory parking abutting T3-R areas at were approved as transitional Uses under prior zoning codes and were legally nonconfo ing prior to the adoption of this Code will not have a continued automatic twenty-year (2extension as provided in this section, but shall instead seek an Exception before the C' Commission within sixty (60) days of renewal of a Certificate of Use. b. Legally establish certificate of occu subsequent est entitled "Alcoh alcoholic beverage establishments, having a valid Certificate of Use or ncy and all other required permits, may continue in existence despite lishment of a church or school within the distance limitations of Chapter 4 is Beverages° of the City Code. c. Replace ' ent and Expansion of Structures that Contain Nonconforming Use ' W-.rds and/or figures stricken through shall be deleted. Underscored words and/or figures shall be a.. ed. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and nchanged material. SUBSTITUTED City of Miami Page 2 of 4 File ID: 7920 (Revision: A) Printed on: 12/10/2020 File ID: 7920 Enactment Number. 1. No enlargement, extension, replacement, or reconstruction of an existing Structure which contains a nonconforming Use shall be permitted except to change the Use to a conformi Use, except as provided below: IW 1. Interior Arrangement A nonconforming Use may be extended throughout any parts of a Structur= hich was clearly designed or arranged for the nonconforming Use at the time that t - e Use became nonconforming. If a portion of a Structure was unoccupied or t manifestly designed for the nonconforming Use, the Use may not be expanded , thin the Structure. CO 2. Alterations to the extent of Tess than fifty percent (50%) of the s• are footage of a M Structure containing a nonconforming Use ttn Where an alteration of a Structure containing a nonconformi - g Use is less than fifty percent (50%) of the square footage of the Structure at th = ime of alteration, the nonconforming Use may be permitted to continue pursu- t to an Exception. 3. Exterior No nonconforming Use which exists outside a Stru • ure shall be extended to occupy more area than was occupied at the time the Us: •ecame nonconforming, except as approved by Exception and to comply with the pion Use regulations of the Transect in which it is located. In this case, the occupanof the new location shall be construed as remaining a nonconforming Use. 2. Extending / Transferring the Nonconforming se No nonconforming Use shall be extended t%occupy any other Structure on the same Lot or parcel if the other Structure was not use or the nonconforming Use at the time the Use became nonconforming. 3. Subdivision or structural addition Structures used for nonconform,k g Uses shall not be subdivided, nor shall any Structures be added on the premises, exce for conforming Uses and Structures. d. Discontinuance or Aband - nment of a nonconforming Use If, for a period of more th - six (6) months, a nonconforming Use is documented as being discontinued or a Certifi -te of Use for a nonconforming Use lapses, any subsequent Use shall conform to the regular • ns of this Code. Provided, however, the time period shall not include any time during which th discontinuance is caused by govemmental action which impedes access to the premises. e. Exception f• specific purpose structures Structures early designed or arranged specifically for a Use or Uses that are no longer in conformi with the regulations of the Transect Zone in which they are located may be permitted to ree = blish the non -conforming Use or Uses by Exception for a period not to exceed a term of thi 0) years upon demonstrating said non -conforming Use or Uses can be rendered co - • atible with their present context: provided that the structure is locally designated as a h'-toric site, is a contributing structure in a historic district, or contains Residential Uses only. ny Residential Use reestablished in a T3 Transect Zone pursuant to this subsection shall only City of Miami Page 3of4 File ID: 7920 (Revision: A) Printed on: 12/10/2020 File ID: 7920 Enactment Number be allowed to operate with a maximum of twelve (12) Dwelling Units. This Process is limited o reestablishing Uses that are currently permitted in the City under this Code. • • •a Section 3. If any section, part of a section, paragraph, clause, phrase, or w• d of this Ordinance is declared invalid, the remaining provisions of this Ordinance should • of be affected. Section 4. It is the intention of the City Commission that the provisi • s of this Ordinance shall become and be made a part of the Miami 21 Code, which provision - 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 • ay after its adoption by the City Commission.2 APPROVED AS TO FORM AND CORRECTNESS: 1 dez, i ttor 11 /5/2020 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. SUBSTITUTED City of Miami Page 4 of 4 File ID: 7920 (Revision: A) Printed on: 12/10/2020