HomeMy WebLinkAboutPZAB (16836) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-082
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 16836 Date Rendered: 11/07/2024
A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARDS
RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, 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 SEVEFRABILITY 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") that states that the City will preserve and protect the
heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive
Date Rendered: 11/07/2024
City of Miami Page 1 of 3 File ID: 16836 (Revision:) Printed On: 11/7/2024
reuse, restoration, and public awareness of Miami's historic and archeological resources;
and
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, the Planning, Zoning and Appeals Board ("PZAB") has given full
consideration to the Planning Director's recommendations as to the proposed text
amendment stated herein; and
WHEREAS, the PZAB has conducted a public hearing on the proposed text
amendment stated herein; and
WHEREAS, the PZAB 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 PZAB 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 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. It is recommended that 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.
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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
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall become effective immediately upon adoption.
Reviewed and Approved:
David Snow
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