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Home My WebLink AboutO-14374City of Miami Ordinance 14374 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17163 Final Action Date: 6/17/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 7, SECTION 7.2.3, TITLED "ALTERATIONS AND EXPANSION OF NONCONFORMING STRUCTURES," AND SECTION 7.2.6, TITLED "NONCONFORMING USES," TO ALLOW EXISTING LEGAL NONCONFORMING PUBLIC STORAGE FACILITIES IN THE "T5," URBAN CENTER ZONE, AND THE "T6," URBAN CORE ZONE, TO REPAIR, REMODEL, OR ALTER MORE THAN FIFTY PERCENT (50%) OF A NONCONFORMING PUBLIC STORAGE FACILITY STRUCTURE AND RE- ESTABLISH A NONCONFORMING USE BY EXCEPTION PROVIDED THE REPAIR, REMODEL, OR ALTERATION OF THE STRUCTURE INCORPORATES THE DESIGN REVIEW CRITERIA SET FORTH IN ARTICLE 4, TABLE 12 OF THE MIAMI 21 CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Damian Pardo WHEREAS, on October 22, 2009, the City of Miami ("City") adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, on June 11, 2020, the City of Miami ("City") adopted Ordinance No. 13906, amending Miami 21 Code, Article 6, Table 13 of the Miami 21 Code, titled "Supplemental Regulations," to disallow Public Storage Facilities in the "T5" Urban Center Zone and the "T6" Urban Core Zone; and WHEREAS, it was the intention of the City Commission to adopt Ordinance No. 13906 to limit the proliferation of new Public Storage Facilities in commercial corridors due in part to concerns over illegal dumping and the fact that Public Storage Facilities are generally designed with lack of architectural diversity; and WHEREAS, notwithstanding the need to limit additional Public Storage Facilities in the T5 and T6 urban transect zones, the City acknowledges that existing Public Storage Facilities in the "T5" Urban Center Zone and the "T6" Urban Core Zone adequately accommodate the needs of the residential and commercial residents in these zones and should be encouraged to meet the Design Review Criteria of Article 4, Table 12 without losing legal nonconforming status; and WHEREAS, on March 19, 2025, at duly noticed public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered this Miami 21 Code text amendment, item PZAB 3, and passed PZAB-R-25-011, recommending approval with conditions, by a vote of five to two (5-2); and City of Miami Page 1 of 6 File ID: 17163 (Revision:) Printed On: 8/22/2025 File ID: 17163 Enactment Number: 14374 WHEREAS, due consideration has been given to the need and justification for the proposed change, including changed conditions that make the passage of the proposed change necessary; and WHEREAS, the City Commission has considered whether the proposed change will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and all other City regulations; 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. Article 7, Section 7.2.3 of the Miami 21 Code, titled "Alterations and Expansion of Nonconforming Structures," is hereby amended as follows:1 "MIAMI 21 CODE ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS * * * 7.2.3 Alterations and Expansion of Nonconforming Structures a. Single -Family Residences and Duplexes 1. Interior alterations to a nonconforming Single -Family Residence or duplex for interior work such as repairs or interior remodeling shall be allowed. Alterations, additions, repairs and maintenance to a nonconforming Single - Family Residence or duplex shall be permitted as long as there is no enlargement of any nonconformity that affects the exterior of the Building or premises. 3. Where alteration, addition, repair or maintenance enlarges a nonconformity affecting the exterior of the Building or premises, the enlargement may be permitted by Waiver from the Zoning Administrator. b. All other 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 6 File ID: 17163 (Revision:) Printed on: 8/22/2025 File ID: 17163 Enactment Number: 14374 1. Less than fifty percent (50%) of square footage of Structure. Alterations which enlarge the nonconformity of a nonconforming Structure to an extent of less than fifty percent (50%) of the total square footage of the nonconforming Structure may be permitted by Exception from the Planning, Zoning and Appeals Board. Fifty percent (50%) or more of square footage of the Structure. Except as allowed for in Section 7.2.3(e), a A nonconforming Structure may be altered to enlarge the nonconformity of the Structure by fifty percent (50%) or more of the total square footage of the nonconforming Structure only if the Structure thereafter conforms to the Transect Zone in which it is located. 3. The raising of a nonconforming Structure, in order to bring the finished floor elevation above the Base Flood Elevation as determined by FEMA and does not enlarge the nonconformity, shall be permitted. c. Computation of alterations The extent of alteration will be calculated to include the sum of all alterations over a period of three consecutive years. Expansion, repairs, remodeling and maintenance that do not enlarge the nonconformity of a nonconforming Structure. All expansions, repairs, remodeling and maintenance that do not enlarge the nonconformity of the Structure are permitted consistent with the Florida Building Code. e. A nonconforming Public Storage Facility in the "T5" Urban Center Zone or in the "T6" Urban Core Zone may be repaired, remodeled, or altered to enlarge the nonconformity of the Structure by fifty percent (50%) or more of the total square footage of the nonconforming Structure only if the Structure thereafter conforms to the Design Review Criteria of Article 4, Table 12. The Lot Area of the existing building site shall not be expanded." Section 3. Article 7, Section 7.2.6 of the Miami 21 Code, titled "Nonconforming Uses," is hereby amended as follows:2 "MIAMI 21 CODE ARTICLE 7. PROCEDURES AND NONCONFORMITIES 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. 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 3 of 6 File ID: 17163 (Revision:) Printed on: 8/22/2025 File ID: 17163 Enactment Number: 14374 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS 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 noncocRnforming 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. c. Replacement and Expansion of Structures that Contain Nonconforming Use 1. No enlargement, extension, replacement, or reconstruction of an existing Structure which contains a nonconforming Use shall be permitted except to change the Use to a conforming Use, except as provided below: 1. Interior Arrangement A nonconforming Use may be extended throughout any parts of a Structure which was clearly designed or arranged for the nonconforming Use at the time that the Use became nonconforming. If a portion of a Structure was unoccupied or not manifestly designed for the nonconforming Use, the Use may not be expanded within the Structure. 2. Alterations to the extent of less than fifty percent (50%) of the square footage of a Structure containing a nonconforming Use Where an alteration of a Structure containing a nonconforming Use is less than fifty percent (50%) of the square footage of the Structure at the time of alteration, the nonconforming Use may be permitted to continue pursuant to an Exception. Exterior No nonconforming Use which exists outside a Structure shall be extended to occupy more area than was occupied at the time the Use became nonconforming, except as approved by Exception and to comply with the non Use regulations of the Transect in which it is located. In this case, the occupancy of the new location shall be construed as remaining a nonconforming Use. Extending / Transferring the Nonconforming Use No nonconforming Use shall be extended to occupy any other Structure on the City of Miami Page 4 of 6 File ID: 17163 (Revision:) Printed on: 8/22/2025 File ID: 17163 Enactment Number: 14374 same Lot or parcel if the other Structure was not used for the nonconforming Use at the time the Use became nonconforming. 3. Subdivision or structural additions Structures used for nonconforming Uses shall not be subdivided, nor shall any Structures be added on the premises, except for conforming Uses and Structures. 4. Public Storage Facilities As indicated in this Code, a nonconforming Public Storage Facility Use in the "T5" Urban Center Zone or in the "T6" Urban Core Zone may be repaired, remodeled, or altered to enlarge the nonconforming use by fifty percent (50%) or more of the total square footage of the Structure only by Exception and if the Structure thereafter conforms to the Design Review Criteria of Article 4, Table 12. In addition, upon the demolition and redevelopment of an existing nonconforming Public Storage Facility Use in the "T5" Urban Center Zone or the "T6" Urban Core Zone, the nonconforming Public Storage Facility Use may be reestablished in the new Structure by Exception, subject to the following conditions: a. Bulky waste pickup related to the Public Storage Facility Use must be fully internalized within the Structure; and b. the Structure shall be reviewed for compliance with the Design Review Criteria of Article 4, Table 12. In no circumstance shall the Lot Area of the existing building site be expanded. d. Discontinuance or Abandonment of a nonconforming Use If, for a period of more than six (6) months, a nonconforming Use is documented as being discontinued or a Certificate of Use for a nonconforming Use lapses, any subsequent Use shall conform to the regulations of this Code. Provided, however, the time period shall not include any time during which the discontinuance is caused by governmental action which impedes access to the premises. e. Exception for specific purpose structures 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 upon demonstrating said non -conforming Use or Uses can be rendered compatible with their present context and provided that: 3. Upon the demolition and redevelopment of an existing nonconforming Public Storage Facility in the "T5" Urban Center Zone or the "T6" Urban Core Zone, the nonconforming Public Storage Facility Use may be reestablished in the new Structure by Exception, subject to the following conditions: a. Bulky waste pickup related to the Public Storage Facility Use must be fully internalized within the Structure. b. The Structure shall be reviewed for compliance with the Design Review Criteria of Article 4, Table 12. c. In no circumstance shall the Lot Area of the existing building site be expanded. City of Miami Page 5 of 6 File ID: 17163 (Revision:) Printed on: 8/22/2025 File ID: 17163 Enactment Number: 14374 * *11 Section 4. 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 5. This Ordinance shall become effective ten (10) days upon its adoption and signature of the Mayor.3 APPROVED AS TO FORM AND CORRECTNESS: 4/15/2025 Gea. Wv�ina III- City attorev / 4/15/2025 3 If the Mayor does not sign this Ordinance, it shall become effective at the end of ten (10) calendar 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. City of Miami Page 6 of 6 File ID: 17163 (Revision:) Printed on: 8/22/2025