HomeMy WebLinkAboutPZAB (12418) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-22-044
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 12418 Final Action Date: 9/21/2022
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7, 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.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance for the City of Miami ("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") has conducted a public
hearing on the proposed text amendment; and
WHEREAS, the PZAB 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 RESOLVED BY THE PLANNING, ZONING, AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
City of Miami Page 1 of 4 File ID: 12418 (Revision:) Printed On: 9/29/2022
Section 2. The PZAB recommends to the Miami City Commission that Article 7 of the
Miami 21 Code be amended by making modifications in the following particulars:1
"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
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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 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 Resolution shall become effective immediately after its adoption.
Reviewed and Approved:
City of Miami
Page 3 of 4 File ID: 12418 (Revision:) Printed On: 9/29/2022
Lakisha Hull AICP LEED AP BD+C
City of Miami
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