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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14112 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") MORE SPECIFICALLY BY AMENDING ARTICLE 7, SECTION 7.2.1, TITLED "PROCEDURES AND NONCONFORMITIES/GENERALLY," TO ALLOW STRUCTURES CONTAINING A NONCONFORMING USE TO RESUME SUCH USE WHEN THE STRUCTURE IS DECLARED UNSAFE AND THE OWNER DILIGENTLY COMPLIES WITH THE TIMEFRAMES IN THE UNSAFE STRUCTURE ORDER; 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: To allow structures containing a nonconforming use to resume such use when the structure is declared unsafe and the owner diligently complies with the timeframes in the unsafe structure order FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval PLANNING, ZONING AND APPEALS BOARD: On June 14, 2023, recommended approval, by a vote of 9-0. City of Miami File ID: 14112 (Revision: A) Printed On: 7/11/2025 City of Miami Legislation Ordinance Enactment Number:14210 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 14112 Final Action Date: 9/28/2023 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") MORE SPECIFICALLY BY AMENDING ARTICLE 7, SECTION 7.2.1, TITLED "PROCEDURES AND NONCONFORMITIES/GENERALLY," TO ALLOW STRUCTURES CONTAINING A NONCONFORMING USE TO RESUME SUCH USE WHEN THE STRUCTURE IS DECLARED UNSAFE AND THE OWNER DILIGENTLY COMPLIES WITH THE TIMEFRAMES IN THE UNSAFE STRUCTURE ORDER; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") wishes to modify the regulations pertaining to nonconforming uses provided for in Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the City wishes to permit those owners with a structure containing a nonconforming use, whether commercial, residential, industrial, or otherwise, to retain the ability to restart such use in situations where the structure is declared unsafe by the City and the property owner diligently complies with the timeframes set forth in the decision order finding the structure to be unsafe; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June 14, 2023 following an advertised public hearing, adopted Resolution No. PZAB-R-23-065 by a vote of nine to zero (9-0), Item No. PZAB. 13, recommending approval of the zoning amendment to the Miami 21 Code; and WHEREAS, 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 regulations; and, WHEREAS, the City Commission has considered the need and justification for the proposed text amendment, as stated herein, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, the City Commission finds that an ordinance amending the Miami 21 Code text amendment, as stated herein, is in the best interest of the City and its residents; 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. City of Miami File ID: 14112 (Revision: A) Printed On: 7/11/2025 Section 2. Article 7 of the Miami 21 Code is further amended in the following particulars:' "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.2.1 Generally e. If at any time a nonconforming Structure, or any Structure containing a nonconforming Use, becomes unsafe or unlawful by declaration of the City of Miami, Miami -Dade County Unsafe Structures Board, or other government agency having jurisdiction, the Structure shall not thereafter be restored or repaired and the Use shall not be reestablished except in conformity with the regulations of the Transect Zone in which it is located unless the Structure has been repaired within the timeframes prescribed in the decision order finding the Structure to be unsafe. *„ 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 upon adoption by the City Commission.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 7/11/2023 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. 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: 14112 (Revision: A) Printed On: 7/11/2025