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Home My WebLink AboutPZAB (17156) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-25-011 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17156 Final Action Date: 3/19/2025 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF 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. 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, 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 City of Miami Page 1 of 4 File ID: 17156 (Revision:) Printed On: 4/2/2025 WHEREAS, consideration has been given as to 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; and WHEREAS, after careful consideration of this matter, the Planning, Zoning and Appeals Board ("PZAB") recommended that the Miami 21 Code text amendment be approved with the modification that both demolition and redevelopment as well as alterations enlarging the nonconformity by 50% or more be via the Exception process; 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, titled "Procedures and Nonconformities"/"Nonconformities: Structures; Uses; Lots; Site Improvements; And Signs," is hereby amended as follows, with the modification that both demolition and redevelopment as well as alterations enlarging the nonconformity by 50% or more be via the Exception process:' "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. 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 4 File ID: 17156 (Revision:) Printed On: 4/2/2025 b. All other Structures 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 ,4nonconforming 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. 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. d. 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. 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 City of Miami Page 3 of 4 File ID: 17156 (Revision:) Printed On: 4/2/2025 Exception before the City Commission within sixty (60) days of renewal of a Certificate of Use. e. Exception for specific purpose structures 2. 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." 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 its adoption. Reviewed and Approved: David ow, )ssiskantTflreJor ' 3/30/2025 City of Miami Page 4 of 4 File ID: 17156 (Revision:) Printed On: 4/2/2025