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Home My WebLink AboutO-14177City of Miami Ordinance 14177 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12838 Final Action Date: 5/25/2023 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 OF THE MIAMI 21 CODE, TITLED "PROCEDURES AND NONCONFORMITIES," TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF USE IN CERTAIN LIMITED INSTANCES WHERE A PROPERTY OR BUILDING ON A PROPERTY IS SUBJECT TO PENDING CODE COMPLIANCE OR BUILDING VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Manolo Reyes, Commissioner Christine King WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance for the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the Miami 21 Code prohibits the issuance of a Certificate of Use ("CU") for any "Buildings for which code compliance proceedings are pending"; and WHEREAS, the Miami 21 Code further prohibits any approval if the building or property is the subject of ongoing code compliance proceedings; and WHEREAS, these regulations have caused difficulties with tenants and occupants of buildings that are mixed -use or contain multiple individual retail or office spaces obtaining CUs due to violations of other tenants or occupants; and WHEREAS, the City Commission wishes to offer relief to those tenants and occupants that are not the cause of a code compliance violation so long as the building containing such tenants and occupants does not represent a life -safety hazard; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 21, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R- 22-44 by a vote of ten to zero (10-0), Item No. PZAB. 4, recommending approval of the Zoning Text change; and WHEREAS, the City Commission has conducted a public hearing on the proposed text amendment; and WHEREAS, the City Commission has considered whether the proposed amendment will further the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and other City regulations; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 4 File ID: 12838 (Revision: A) Printed On: 7/1/2025 File ID: 12838 Enactment Number: 14177 Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Article 7 of the Miami 21 Code is hereby amended in the following particulars:' "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1 PROCEDURES 7.1.2 PERMITS 7.1.2.1 PERMITTED USES b. Certificate of Use 1. For new or altered Structures and Uses. No person shall Use or permit the Use of any Structure or premises hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, in Use or in Structure, until a Certificate of Use reflecting Use, extent, location, and other matters related to Miami 21 Code shall have been issued to the owner or tenant. Application shall be made to the Zoning Administrator on forms provided therefore. The Zoning Administrator shall issue the Certificate of Use (or to approve its issuance where final responsibility for issuance lies with other officers or agencies) if he finds that all the requirements of this Miami 21 Code have been met, and to withhold such certificate (or to prohibit its issuance) unless he finds that all of the requirements of this Miami 21 Code have been met. If the Certificate of Use is denied, the denial shall provide a citation to the legal authority for any denial. No Certificate of Use is necessary for fewer than three (3) Single -Family Structures, attached or detached, on a Lot or for fewer than two (2) duplex Structures on a Lot. 2. Certificates of Use for other existing Uses. Any owner or tenant engaged in existing Use of Structures or premises, other than a nonconforming Use at the time of the adoption of this Miami 21 Code, may apply for a Certificate of Use certifying that such Use is lawful under this Code. The Zoning Administrator if necessary shall inspect to determine the facts in the case and to either issue the certificate if the administrator finds the Use lawful, or to withhold the certificate and take such remedial action as is appropriate if the administrator finds otherwise. A denial shall include a citation to the legal authority for the denial. 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 2 of 4 File ID: 12838 (Revision: A) Printed on: 7/1/2025 File ID: 12838 Enactment Number: 14177 3. No Certificate of Use shall be issued for units or premises within Buildings for which code compliance proceedings attributable thereto are pending. No Certificate of Use shall be issued for Buildings for which code compliance proceedings attributable to the entirety of the Building are pending. For units or premises not attributable to a violation within a Building, a temporary Certificate of Use, not to exceed eighteen (18) months in duration, may be issued once a permit required to cure an existing violation(s), has been submitted with a complete application. The temporary Certificate of Use may not be renewed if such work required by the permit is not completed and the permit closed. For the purpose of this subsection, code compliance proceedings shall not be considered pending if the Code Compliance Department has determined the violation to have been abated and if unpaid, the violation is pending a mitigation hearing as outlined in the City Code. These prohibitions shall not apply to buildings owned by governmental entities. c. Zoning Approval or Certificates of Use issued by the Zoning Administrator on the basis of plans and applications authorize only the Use, arrangement, and construction set forth in the approved plans and applications, subject to any conditions or safeguards attached thereto, and no other. Use, arrangement, or construction at variance with that authorized, or failure to observe conditions and safeguards, shall be deemed a violation of this Miami 21 Code. 7.1.3 APPLICATION AND REVIEW PROCESS 7.1.3.7 No Approval Available if Code Enforcement Violations Except as provided in Section 7.1.2.1(b)(3) for Certificates of Use or in the City Code for development permits including but not limited to Waivers, Warrants, Exceptions, and Variances, No no approval may be issued if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing city enforcement procedure, or is the subject of a notice of violation of a state law or county ordinance where the business enterprise is located or is to be located, unless the subject of the application would cure the outstanding violation. Failure to comply with conditions and safeguards, when attached to a grant of a development order or permit, shall be deemed a violation of this Miami 21 Code. This prohibition shall not apply to buildings or properties owned by governmental entities. *11 Section 3. If any section, part or 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 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. City of Miami Page 3 of 4 File ID: 12838 (Revision: A) Printed on: 7/1/2025 File ID: 12838 Enactment Number: 14177 Section 5. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey 6/12/2023 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 4 of 4 File ID: 12838 (Revision: A) Printed on: 7/1/2025