Loading...
HomeMy WebLinkAboutO-14360City of Miami Ordinance 14360 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16955 Final Action Date: 3/13/2025 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, SECTION 7.2, TITLED "NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS," TO PROVIDE FOR REESTABLISHMENT OF SPECIFIC -PURPOSE DESIGNED STRUCTURES THAT ARE LOCALLY DESIGNATED HISTORIC SITES OR CONTRIBUTING STRUCTURES IN A HISTORIC DISTRICT FOR THE USES IN WHICH THEY WERE DESIGNED BY WARRANT AND FOR REESTABLISHMENT OF SPECIFIC -PURPOSE DESIGNED STRUCTURES THAT ARE 50 YEARS OLD OR OLDER BY PROCESS OF EXCEPTION; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, on December 10, 2020, the City Commission adopted Ordinance No. 13952 amending Article 7, Section 7.2, titled "Nonconformities: Structures; Uses; Lots; Site Improvements; and Signs," to provide for the refurbishment of specific purpose designed structures and the reestablishment of uses for which they were designed; and WHEREAS, it is efficient and environmentally sound to allow structures to fulfill their intended function for their intended lifespan so as not to demolish and discard them prematurely; and WHEREAS, it is necessary to examine any prolongation of a non -conforming use in order to prevent or mitigate against any potential adverse impacts and ensure its compatibility with its present context; and WHEREAS, in certain instances, the value of a structure in its context is such that its preservation merits special consideration; and WHEREAS, certain uses may offer a benefit to the City of Miami ("City") and its residents given a particular set of circumstances worthy of consideration and public deliberation; and WHEREAS, this furthers Goal LU-2, 2.3 and 2.4 of the Miami Comprehensive Neighborhood Plan ("MCNP"), which states that the City will preserve and protect the heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration, and public awareness of Miami's historic and archeological resources; and City of Miami Page 1 of 3 File ID: 16955 (Revision:) Printed On: 8/19/2025 File ID: 16955 Enactment Number: 14360 WHEREAS, this meets the Miami 21 Code's Intent established in Article 2, Section 2.1.2 by meeting the conservation goal of Preserving Neighborhoods, Historical Resources and the natural environment; and WHEREAS, on November 6, 2024, at a duly notice public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered the Miami 21 Code text amendment, item PZAB.4, and passed PZAB-R-24-082, recommending approval, by a vote of six to one (6-1); and WHEREAS, the City Commission has given full consideration to the Planning Director's recommendations as to the proposed text amendment stated herein; and WHEREAS, the City Commission conducted a public hearing on the proposed text amendment stated herein; and WHEREAS, the City Commission has considered whether the proposed text amendment will further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the Miami 21 Code text amendment, including changed or changing conditions that make the passage of the proposed text amendment stated herein necessary; NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI CITY 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. Section 2. Article 7 of the Miami 21 Code is further amended in the following particulars:1 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS 7.2.6 Nonconforming Uses e. Exception for specific purpose structures 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: 16955 (Revision:) Printed on: 8/19/2025 File ID: 16955 Enactment Number: 14360 Structures clearly designed or arranged specifically for a Use or Uses that are no longer in conformity with the regulations of the Transect Zone in which they are located may be permitted to reestablish the non -conforming Use or Uses by Exception upon demonstrating said non -conforming Use or Uses can be rendered compatible with their present context and provided that: 1. The Structure is Nationally, State or locally designated as a historic site or +s-a contributing structure in a historic district and the Use for the historic site or contributing structure is processed by Warrant with a recommendation from the HEPB to the Planning Director; or 2. The Structure is 50 years old or older and is processed by Exception with a recommendation from the HEPB. This process is limited to reestablishing Uses that are currently permitted in the City under this Code. *„ 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 ten (10) days after adoption by the City Commission.2 APPROVED AS TO FORM AND CORRECTNESS: rge = . Wyly ng Ilf, C ty ttor -y 12/3/2024 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 3 of 3 File ID: 16955 (Revision:) Printed on: 8/19/2025