HomeMy WebLinkAboutPZAB (17598) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-25-028
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17598 Final Action Date: 5/21/2025
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 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.
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 2-11 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 reference the City Code for the regulations related to
such; and
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WHEREAS, consideration has been given to the relationship of this proposed
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 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. The Planning, Zoning and Appeals Board recommends to the Miami
City Commission that Article 7, Section 7.1.2.1(b)(3) of the Miami 21 Code is 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
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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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
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 iscued for Buildings for which codc compliance
proceedings attributable to the entirety of the Building are pending. For units
or promises not attrib stable to a violation within a B iilding a temporary
Certificate of Use, not to exceed eighteen (18) months in duration, may bo
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 thc permit is not completed and the
permit closed. For thc purpose of this subsection, codc compliance
pro gs shall not be considered pending if the Codc Complia ►so
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
ems
3. Denial and revocation of a Certificate of Use shall further be pursuant to
Section 2-211 of the City Code.
*11
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Section 3. It is further recommended that Article 7 of the Miami 21 Code is amended
in the following particulars:2
"7.1.3 Application and Review Process
7.1.3.7 No Approval Available if Code Enforcement Violations
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 4. 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 5. 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 6. This Resolution shall become effective immediately upon adoption.
2 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 4 of 5 File ID: 17598 (Revision:) Printed On: 6/2/2025
Reviewed and Approved:
David ow, Assisk5rPor W 6/2/2025
City of Miami Page 5 of 5 File ID: 17598 (Revision:) Printed On: 6/2/2025