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HomeMy WebLinkAboutO-14378City of Miami Ordinance 14378 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17596 Final Action Date: 7/10/2025 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, TITLED "PROCEDURES AND NONCONFORMITIES," MORE PARTICULARLY BY AMENDING SECTION 7.1.2.1, TITLED "PERMITTED USES," AND SECTION 7.1.3.7, TITLED "NO APPROVAL AVAILABLE IF CODE ENFORCEMENT VIOLATIONS," TO UPDATE THE CRITERIA FOR WHEN A CERTIFICATE OF USE MAY BE DENIED OR REVOKED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Damian Pardo WHEREAS, on October 22, 2009, the Miami City Commission adopted Ordinance No. 13114 as the City of Miami's ("City") Zoning Ordinance, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, Section 2-211 of the Code of the City of Miami, Florida, as amended, ("City Code"), titled "Denial or Revocation of Certificate of Use," provides regulations related to the denial and/or revocation of a Certificate of Use; and WHEREAS, Ordinance No. 14283, adopted on May 23, 2024, amended Section 2-211 of the City Code to restrict Chapter 10 of the City Code violations from causing a denial or revocation of a Certificate of Use in limited circumstances; and WHEREAS, Ordinance No. 14303, adopted on September 12, 2024, further amended and clarified Section 2-211 of the City Code related to the denial and revocation of a Certificate of Use; and WHEREAS, there is currently a proposed amendment to Chapter 2, Section 2-211 of the City Code to establish and update the criteria for when a Certificate of Use may be denied or revoked due to a violation of Chapter 10 of the City Code; and WHEREAS, Article 7, Section 7.1.2.1(b)(3) of the Miami 21 Code also addresses the criteria and circumstances in which a Certificate of Use can be denied or revoked; and WHEREAS, this amendment would remove most of the language in the Miami 21 Code related to revocation and denial of Certificates of Use for violations related to Chapter 10 of the City Code and instead reference the City Code for the regulations related to such; and WHEREAS, on May 21, 2025, at a publicly noticed meeting, the Planning, Zoning and Appeals Board ("PZAB") considered this City Code amendment, item PZAB 4, and passed PZAB-R-25-028, recommending approval, by a vote of eight to zero (8-0); and WHEREAS, consideration has been given to the relationship of this proposed City of Miami Page 1 of 4 File ID: 17596 (Revision:) Printed On: 7/24/2025 File ID: 17596 Enactment Number: 14378 amendment to the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the MCNP, the Miami 21 Code, and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, after careful consideration of this matter, it is deemed advisable and in the best interest of the general welfare of the City and its residents to amend the Miami 21 Code as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE 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 hereby amended in the following particulars: 1 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1 PROCEDURES 7.1.2 PERMITS 7.1.2.1 Permitted Uses A building permit for those permitted Uses as set forth in Article 4, Table 3 of this Code shall be approved By Right when the Use meets all of the applicable standards of the Miami 21 Code, and the other specific requirements that may be enumerated elsewhere in the City Code. a. Zoning approval A building permit shall be issued only after a zoning approval from the Zoning Administrator has been obtained indicating that the application meets the applicable provisions of the Miami 21 Code. Upon an affirmative finding by the Zoning Administrator that plans and application submitted are complete and in compliance with the applicable requirements of the Miami 21 Code, an approval shall be entered on the application and on the applicable building permit and, if otherwise lawful, the permit shall be issued to the applicant, together with one copy of the approved plan. If the application and plan are not in full in compliance with the requirements of the 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: 17596 (Revision:) Printed on: 7/24/2025 File ID: 17596 Enactment Number: 14378 Miami 21 Code, the application shall not be approved and the applicant notified in writing of the reasons for such decision, with citation to the legal authority for any denial of a permit. b. Certificate of Use 1. For new or altered Structures and Uses. No person shall Use or permit the Use of any Structure or premises hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, in Use or in Structure, until a Certificate of Use reflecting Use, extent, location, and other matters related to Miami 21 Code shall have been issued to the owner or tenant. Application shall be made to the Zoning Administrator on forms provided therefore. The Zoning Administrator shall issue the Certificate of Use (or to approve its issuance where final responsibility for issuance lies with other officers or agencies) if he finds that all the requirements of this Miami 21 Code have been met, and to withhold such certificate (or to prohibit its issuance) unless he finds that all of the requirements of this Miami 21 Code have been met. If the Certificate of Use is denied, the denial shall provide a citation to the legal authority for any denial. No Certificate of Use is necessary for fewer than three (3) Single -Family Structures, attached or detached, on a Lot or for fewer than two (2) duplex Structures on a Lot. 2. Certificates of Use for other existing Uses. Any owner or tenant engaged in existing Use of Structures or premises, other than a nonconforming Use at the time of the adoption of this Miami 21 Code, may apply for a Certificate of Use certifying that such Use is lawful under this Code. The Zoning Administrator if necessary shall inspect to determine the facts in the case and to either issue the certificate if the administrator finds the Use lawful, or to withhold the certificate and take such remedial action as is appropriate if the administrator finds otherwise. A denial shall include a citation to the legal authority for the denial. 3. No Certificate of Use shall be issued for units or premises within Buildings for which code compliance proceedings attributable thereto are pending. No Certificate of Use shall be issued for Buildings for which codc compliance proceedings attributable to the entirety of the Building are pending. For units or promises not attributable to a violation within a Bu ilding, a temporary Certificate of Use, not to cxcccd eighteen (18) months in duration, may be issued once a permit required to cure an existing violation(s), has been submitted with a complete application. The temporary Certificate of Use may not be renewed if such work required by the permit is not completed and the permit closed. For the purpose of this subsection, code compliance proceedings shall not be considered pending if the Code Compliance Department has determined the violation to have been abated and if unpaid, the violation is pending a mitigation hearing as outlined in the City Code. These prohibitions shall not apply to buildings owned by governmental cntitict) 3. Denial and revocation of a Certificate of Use shall further be pursuant to Section 2-211 of the City Code. 7.1.3.7 No Approval Available if Code Enforcement Violations City of Miami Page 3 of 4 File ID: 17596 (Revision:) Printed on: 7/24/2025 File ID: 17596 Enactment Number: 14378 Except as provided in Section 7.1.2.1 (b)(3) for Certificate of Use or in the City Code for development permits including but not limited to Waivers, Warrants, Exccptions, and Variance otherwise provided in this Miami 21 Code or the City Code no approval or permit may be issued, and no application may be scheduled for public hearing, for a non -homestead property if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing city enforcement procedure, is the subject of any building violation(s), has any City lien or invoice due and owing to the City, or is the subject of a notice of violation of a state law or county ordinance where the business enterprise is located or is to be located, unless the permit or approval is required to cure life safety issues, is required to bring outstanding violations into compliance, is for unit(s) within building to which violations or monies owed are not attributable to the permit applicant, or the property is wholly owned by a governmental entity. In addition, if an approval or permit required to cure the existing violation(s) has been applied for, with a complete application that is being reviewed by the appropriate department, additional approvals or permits may be scheduled for hearing and/or issued for the property that is the subject of violations or monies owed. Additional permits issued are conditioned to prohibit the issuance of a certificate of occupancy or completion (including temporary or partial certificates of occupancy or completion) until the permit to cure the original outstanding Code Enforcement violation has been finalized and closed and all monies owed, inclusive of costs, to the City are paid. Any exemption listed herein may not be utilized for multi -unit structures wherein the violation has created a life safety issue for either the adjacent units or the structure in its entirety. This Section also applies to covenants, including but not limited to Unities of Title and Covenants in Lieu of Unity of Title. Failure to comply with conditions and safeguards, when attached to a grant of a development order or permit, shall be deemed a violation of this Miami 21 Code. This prohibition shall not apply to buildings or properties owned by governmental entities." Section 3. It is the intention 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 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 5. This Ordinance shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ge . Wye>ng III, C ty ttor -y 6/3/2025 2 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. 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 4 of 4 File ID: 17596 (Revision:) Printed on: 7/24/2025