HomeMy WebLinkAboutPZAB (14091) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-23-065
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 14091 Date Rendered: 6/30/2023
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL TO THE MIAMI CITY COMMISSION OF AN
ORDINANCE 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; AND BY AMENDING
ARTICLE 7, SECTION 7.2.6, TITLED "PROCEDURES AND
NONCONFORMITIES"/"NONCONFORMING USES," TO EXEMPT
NONCONFORMING RESIDENTIAL USES FROM THE TIME LIMITATIONS IN THE
MIAMI 21 CODE; 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 City wishes to ensure that nonconforming residential uses are not
amortized and required to cease in order to protect property rights and ensure the retention of
housing in the City; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") 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 PZAB 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 PZAB recommends to the City Commission approval of an ordinance
amending the Miami 21 Code text amendment, as stated herein;
Date Rendered: 6/30/2023
City of Miami Page 1 of 3 File ID: 14091 (Revision:) Printed On: 6/30/2023
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
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. PZAB recommends to the City Commission that Article 7 of the Miami 21
Code be further amended in the following particulars:1
"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.
7.2.6 Nonconforming Uses
a. Time Limitation
Where, at the effective date of adoption or amendment of this Code, a lawful Use exists which
would not be permitted under this Code, the Use may be continued for twenty (20) years from
the date the Use first became legal nonconforming and consistent with the regulations of this
section. The Use shall not be allowed to continue automatically upon expiration of the twenty
(20) years. Upon application, the City Commission may grant by Exception an extension for
continuance of the Use for an additional term of up to twenty (20) years. However, accessory
parking abutting T3-R areas that were approved as transitional Uses under prior zoning codes
and were legally nonconforming prior to the adoption of this Code will not have a continued
automatic twenty-year (20) extension as provided in this section, but shall instead seek an
Exception before the City Commission within sixty (60) days of renewal of a Certificate of Use.
b. The following Uses are not subject to the time limitation provisions of subsection (a) in the
manner indicated below:
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 3 File ID: 14091 (Revision:) Printed On: 6/30/2023
1. Legally established alcoholic beverage establishments, having a valid Certificate of
Use or certificate of occupancy and all other required permits, may continue in existence
despite subsequent establishment of a church or school within the distance limitations of
Chapter 4 entitled "Alcoholic Beverages" of the City Code.
2. Residential Uses.
*11
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. It is further recommended that the provisions of the Ordinance 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 Resolution shall become effective immediately upon adoption.
Reviewed and Approved:
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 3 of 3 File ID: 14091 (Revision:) Printed On: 6/30/2023