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File Number: 9001 Final Action Date: 9/13/2022
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"); MORE SPECIFICALLY BY
AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITION OF TERMS";
ARTICLE 2, SECTION 2.1.2, TITLED "INTENT"; ARTICLE 2, SECTION 2.2.4,
TITLED "RULES OF CONSTRUCTION"; AND ARTICLE 7, SECTION 7.1.1,
TITLED "AUTHORITIES," TO CORRECT CERTAIN WEAKNESSES THAT
EXIST REGARDING THE INTENT OF MIAMI 21 CODE PROVISIONS; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission has evaluated the Third District Court of Appeal's ("3rd
DCA") per curiam denial of a Petition for Writ of Certiorari from the Circuit Court for Miami -Dade
County, Appellate Division's reversal of the Planning, Zoning and Appeals Board's ("PZAB")
decision in City of Miami v. CUBE 3585, 278 So. 3d 324 (Fla. 3d DCA 2019) in which the lower
court found the PZAB departed from the essential requirements of the law by utilizing intent
provisions of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami,
Florida ("Miami 21 Code"), as a standard, thereby imposing an arbitrary and impossible
standard for the issuance of a Waiver in reversing the Zoning Administrator's decision; and
WHEREAS, the City Commission approved amending the Miami 21 Code to align with
the suggested changes proposed by the 3rd DCA in the case of Alvey v. City of North Miami
Beach, 206 So. 3d 67 (Fla. 3d DCA 2016); and
WHEREAS, in Alvey, the 3rd DCA stated, in part, "[T]hose who own property and live in a
residential area have a legitimate and protectable interest in the preservation of the character of
their neighborhood which may not be infringed by an unreasonable or arbitrary act of their
government. Zoning ordinances are enacted to protect citizens from losing their economic
investment or the comfort and enjoyment of their homes by the encroachment of commercial
development by an unreasonable or arbitrary act of their government"; and
WHEREAS, the City Commission has considered whether the proposed text amendment
as stated herein will further the goals, objectives, and policies of the Miami Comprehensive
Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City of Miami regulations; and
WHEREAS, pursuant to Section 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d)
of the Code of the City of Miami, Florida, as amended, no action to recommend an amendment
of the text of the Miami 21 Code shall be taken without the concurring votes of a supermajority
of PZAB members present with said supermajority consisting of one more member than a
simple majority; and
WHEREAS, the PZAB, at its meeting on April 21, 2021, following an advertised public
hearing, adopted Resolution No. PZAB-R-21-021 through which it captured how a motion to
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recommend approval of the proposed text amendment, Item No. PZAB 6, failed to obtain the
required supermajority vote, by a vote of six to four (6-4); and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
inhabitants to amend the Miami 21 Code as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE 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 1 of the Miami 21 Code, titled "Definitions", is amended in the
following particulars.1
"ARTICLE 1 DEFINITIONS
1.2 Definition of Terms
Neighborhood: An urbanized area that is primarily Residential. A Neighborhood shall be based
upon a partial or entire Standard Pedestrian Shed. The physical center of the Neighborhood
should be located at an important traffic intersection associated with a Civic or Commercial use.
In determining whether such an urbanized area shall be deemed to be a Neighborhood for
purposes of this Code, the Zoning Administrator shall consider whether the urbanized area has
been designated as either a Neighborhood Conservation District, Neighborhood Revitalization
District, or a Designated Historic District. When determining whether other primarily Residential
urbanized areas shall be deemed to be a Neighborhood, the Zoning Administrator shall give due
consideration to tangible indicia such as signs and names in area maps or by generally
accepted descriptive designations, including, but not limited to the Upper East Side, West
Flagler, Edgewater, Buena Vista, Morningside, Spring Garden, Silver Bluff, Brickell Hammock,
The Roads, and Shenandoah.
*11
Section 3. Article 2 of the Miami 21 Code is amended in the following particulars.1
"ARTICLE 2. GENERAL PROVISIONS
2.1.2 Intent
The Miami 21 Code is intended to advancc the intcrcsts of both conservation and development
features, infrastructure and Buildings respond to the existing conditions of the City, its regional
context, and its natural features, infrastructure, and Buildings while advancing the interests of
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.
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conservation and development and preserving the character of any given Neighborhood by
protecting homes therein against encroachment of commercial development which occurs as a
result of unreasonable or arbitrary acts of government.
2.2.4 Rules of Construction
2.2.4.1 In their interpretation and application, the provisions of this Miami 21 Code shall
be the minimum requirements or maximum limitations, as the case may be,
adopted for the promotion of the public health, safety, morals or general welfare.
When resolving any provision of the Miami 21 Code requiring interpretation, in
order to resolve issues that are not clear from the plain language of the Code, the
Zoning Administrator shall construe the Miami 21 Code provision with reference
to the Intent as set forth in Article 2, Section 2.1.2.
*„
Section 4. Article 7, Section 7.1.1 of the Miami 21 Code is amended in the following
particulars.'
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1 PROCEDURES
7.1.1 Authorities
7.1.1.1 Zoning Administrator
a. Functions, powers and duties. A Zoning Administrator, appointed by and
responsible to the City Manager, shall be responsible for administration and
enforcement of the Miami 21 Code as provided herein, with such assistance as
the City Manager may direct. For purposes of this Code, the functions, powers
and duties of the Zoning Administrator more specifically include:
1. To determine whether applications for building permits as required by the
Building Code are in accord with the requirements of this zoning ordinance.
No building permit shall be issued without approval of zoning compliance by
the Zoning Administrator that plans and applications conform to applicable
zoning regulations.
2. To determine whether the Use of any Structure or premises hereafter
created, erected, changed, converted, enlarged or moved, wholly or partly, in
Use or in Structure, is in accordance with this Miami 21 Code and to issue a
Certificate of Use if the plans and applications conform to applicable zoning
regulations. Certificates of Use for home occupations in residential districts
shall be issued annually to cover the period from January 1 through
December 31 of each year.
3. To approve, deny or approve with conditions applications for administrative
Waiver, with the recommendation as may be required of the Planning
Director and pursuant to the standards of the Miami 21 Code.
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4. To assist the Code Enforcement Department to enforce vigorously the
provisions of the Miami 21 Code.
5. To maintain records of all official administrative actions.
6. To decide questions of zoning interpretation pursuant to pursuant to Section
2.2.4.1 and Section 7.1.2.3 of this Code.
7. To participate in the review of Warrants and Exceptions pursuant to Section
2.2.4.1 of this Code.
*„
Section 5. 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.
Section 6. 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 7. This Ordinance shall be effective ten (10) days after adoption hereof and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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.
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