HomeMy WebLinkAboutO-14210City of Miami
Ordinance 14210
Legislation
City Hall
3500 Pan American 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.
SPONSOR(S): Commissioner Christine King
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 Page 1 of 2 File ID: 14112 (Revision: A) Printed On: 7/11/2025
File ID: 14112 Enactment Number: 14210
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, ity 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 Page 2 of 2 File ID: 14112 (Revision: A) Printed on: 7/11/2025