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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #17416 Ordinance Sponsored by: Joe Carollo, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 3/SECTION 62-535 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY STRUCTURES IN CONJUNCTION WITH PERMANENT OUTDOOR RECREATIONAL USES OR RECREATIONAL FACILITIES/TEMPORARY USES ON VACANT LAND," BY MODIFYING EXEMPTIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 17416 (Revision:) Printed On: 8/22/2025 City of Miami Legislation Ordinance Enactment Number: 14366 File Number: 17416 Final Action Date: 5/8/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 3/SECTION 62-535 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY STRUCTURES IN CONJUNCTION WITH PERMANENT OUTDOOR RECREATIONAL USES OR RECREATIONAL FACILITIES/TEMPORARY USES ON VACANT LAND," BY MODIFYING EXEMPTIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 62-535 of the Code of the City of Miami, Florida, as amended ("City Code"), regulates temporary uses on vacant land; and WHEREAS, the areas known as Little Havana, East Little Havana, and West Brickell within City Commission District 3 are unique in that various vacant lands abut or are abutting single family and low and medium density residential properties whose residents' peace, contentment, quiet enjoyment, and quality of life are unduly impacted by the noise, lighting, preparation of foods, consumption of beverages, and other matters occurring at certain temporary uses on vacant lands — meriting a different process for temporary uses on vacant lands; and WHEREAS, however, the City of Miami ("City") wishes to promote activation of vacant lands to prevent blight within the boundaries of the Downtown Development Authority ("DDA") that overlap with City Commission District 3 while maintaining proper enforcement measures; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its residents to amend the City Code as hereinafter set forth; 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. Section 2. Section 62-535 of the City Code is hereby amended in the following particulars:' "CHAPTER 62 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 File ID: 17416 (Revision:) Printed On: 8/22/2025 PLANNING AND ZONING ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED * DIVISION 3. — TEMPORARY STRUCTURES IN CONJUNCTION WITH PERMANENT OUTDOOR RECREATIONAL USES AND FACILITIES. * Sec. 62-535. — Temporary uses on vacant land. (a) * As provided for in section 62-529, temporary uses and occupancies are those uses and occupancies within the city of limited duration that occur on private property, public property, or in a combination of public and private properties, that would require special review by the city zoning administrator. Temporary uses and occupancies are those that are not expected to remain on a property for more than three consecutive years. For purposes of this section, temporary uses and occupancies on vacant land or unoccupied surface lots shall be limited to those uses and occupancies which contemplate temporary type structures, such as tents, kiosks, mobile or manufactured offices, temporary exhibition areas, and other similar structures and provide such things as food service establishments, arts, entertainment, cultural, civic, scientific, horticultural, recreational, vocational or educational uses. Any intensive commercial or industrial use or occupancy is strictly prohibited, unless expressly allowed by the zoning ordinance. Notwithstanding the provisions of section 62-529, uses and occupancies pursuant to this section shall have a limited duration of one year and can be extended annually administratively by the zoning administrator for a maximum of three years. Temporary uses on vacant land may be further extended beyond the three-year maximum by city commission. With the exception of such vacant parcels located within City Commission District 3 situated within the boundaries of Downtown Development Authority, as described in Section 14-27 of the City Code, Section 62- 535 shall not apply in city commission district 3 due to the proximity of residential properties to vacant lands; however, temporary uses otherwise allowed in chapter 62, article XIII of the City Code, such as temporary event permits, may be granted in conformity with the applicable provisions of the City 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. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.2 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: 17416 (Revision:) Printed On: 8/22/2025 APPROVED AS TO FORM AND CORRECTNESS: g III, C y`attory J 4/1/2025 City of Miami File ID: 17416 (Revision:) Printed On: 8/22/2025