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Home My WebLink AboutO-13539Vop City of Miami Legislation < U R �O Ordinance: 13539 File Number: 15-00761 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/23/2015 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT," MORE PARTICULARLY BY AMENDING SECTION 2-212, ENTITLED "NONCONFORMING USE PILOT PROGRAM," TO REINSTATE THE PILOT PROGRAM THROUGH AUGUST 1, 2016, TO ADD LANGUAGE TO CLARIFY THE PARAMETERS FOR RENEWAL OR REINSTATEMENT OF CERTIFICATES OF USE FOR NONCONFORMING USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicable portions of the Code of the City of Miami, Florida, as amended ("City Code"), provide regulations and criteria to reinstate discontinued and abandoned uses that are non -conforming; and WHEREAS, the intent of the City Code is to allow a certificate of use for a nonconforming use which lapsed for a period of more than six (6) months, but for less than 18 months, to apply for a warrant to have the use reinstated; and WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can be reinstated by warrant, if the nonconforming use is located within a structure, that the nature and character of the nonconforming use be substantially the same as that for which the structure was originally designed; and WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can be reinstated by warrant, the nonconforming use will not provide material difference in the quality, character, intensity, or degree of the nonconforming use if reinstated; and WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can be reinstated by warrant, the nonconforming use will not prove materially adverse to the surrounding properties if reinstated; and WHEREAS, the City Commission desires to allow a certificate of use for a nonconforming use which has been discontinued for a period in excess of eighteen (18) months and less than five (5) years to be reinstated by an exception process as described in Miami 21, subject to conditions; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION FOR 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 fully set forth in this Section. Section 2. Chapter 2/Article IV/Division 2 of the City Code is amended in the following City of Miand Page I of 4 File Id. 15-00761 (Version: 2) Printed On: 3/15/2018 File Number: 15-00761 Enactment Number: 13539 particulars:{1} "CHAPTER 2 ADMINISTRATION ARTICLE IV. DEPARTMENTS DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT Sec. 2-212. Nonconforming use pilot program. {a4 It is the intent of this programIffier to encourage economic development and notwithstanding any contradictory provisions in the City Code or zoning ordinance including Section 7.2.6(d) of Miami 21 the following pilot program is hereby instituted for a period of twe years- and will automatically terminate on August 1, 2013 201 52016., unless othepwise extended by affirmative vote of the (`i+a {b) ) Discontinuance or abandonment of a nonconforming use - six (6) months or less. A certificate of use for any nonconforming use which has lapsed may be renewed so long as No material difference in the quality, character, intensity, or degree of the nonconforming use will exist or greater compliance with the Miami 21 Code is provided; and The use has not been discontinued or a the certificate of use has not lapsed for longer than six (6) months. b) Discontinuance or abandonment of a nonconformina use - more than six (6) but less than eighteen (18) months. If a nonconforming use is dOG imonted as has been discontinued or abandoned or a certificate of use for a nonconforming use mss has lapsed for a period of more than six (6) months -but for less than eighteen (18) months, the nonconforming use may be permitted to continue, and a certificate of use renewed, by process of warrant. The procedure and criteria for the warrant process shall be as detailed in the zoning ordinance. In order to restore a nonconforming use by warrant, the following criteria shall be applicable in addition to the criteria set forth in Miami 21: be established and confirmed by the planning department: (1) The nonconforming use was originally legally established and operated at the time the use began; (2) If in a structure, the nature and character of the nonconforming use is substantially the same as that for which the structure was originally designed; (3) No material difference in the quality, character, intensity, or degree of the nonconforming use will City of Miand Page 2 of 4 File Id. 15-00761 (Version: 2) Printed On: 3/15/2018 File Number: 15-00761 Enactment Number: 13539 exist or greater compliance with the Miami 21 Code is provided; and (4) The nonconforming use will not prove materially adverse to the surrounding properties pursuant to Article 4. Table 12 of the Miami 21 Code. dam-- (c) Discontinuance or abandonment of a nonconforming use - eighteen (18) months or more and less than five (5) years. If a nonconforming use is dOG rnented as discontinued or abandoned or a certificate of use for a nonconforming use lapses for a period of more than eighteen (18) 4-6 months and less than five (5) years, any subsequent use shall fully conform to the current regulations of the zoning ordinance unless an Exception with City Commission approval is granted. In order to restore a nonconforming use by Exception, the following criteria shall be applicable in addition to the criteria set forth in Miami 21: (1) The nonconforming use was originally legally established and operated at the time the use began; If in a structure. the nature and character of the nonconformina use is substantially the same as that for which the structure was originally designed; (3) No material difference in the quality, character, intensity, or degree of the nonconforming use will exist or areater compliance with the Miami 21 Code is provided: and (4) The nonconforming use will not prove materially adverse to the surrounding properties pursuant to Article 4, Table 12 of the Miami 21 Code. (d) This section shall only apply to nonconforming uses that were lawful at the time the use was established but would not be permitted under Miami 21, and the amortization period has not expired pursuant to Section 7.2.6 of the Miami 21 Code. (e) Nothing in this section shall be construed to permit the extension of any use nor the issuance of a certificate of use for any use for which the amortization period set forth in Miami 21 Section 7.2.6 has expired. No certificate of use may be issued, extended, reinstated, or renewed for the following: (i) Uses for which a certificate of use has been revoked or suspended by the Zoning Administrator; or (ii) Uses which were not legal at the time they were established; or (iii) Any Nonconforming Structure or any Structure containing a nonconforming Use that becomes unsafe or unlawful by declaration of the City of Miami, Miami - Dade County Unsafe Structures Board, or other governmental agency having jurisdiction; or (iv) Any Nonconforming Use that has been discontinued or abandoned or a certificate of use for a nonconforming use that has lapsed for a period of more five (5) years (g) Government owned and operated uses. Notwithstanding the foregoing, a certificate of use may be issued for a Major Facility, Infrastructure and Utilities, and/or Government Maintenance Facilities, City of Miand Page 3 of 4 File Id. 15-00761 (Version: 2) Printed On: 3/15/2018 File Number: 15-00761 Enactment Number: 13539 as those terms are defined in Miami 21, where the following criteria are met: (i) The structure is owned and operated by a government agency. (ii) The structure was constructed pursuant to lawfully obtained building permit(s). (iii) A certificate of occuoancv was issued for the structure on or before July 1. 2013. (iv) The property has no pending code enforcement violations, except for a violation properly under the purview of this Section. (v) All outstanding fees and fines including, but not limited to, stormwater fees accrued as of the effective date of this ordinance, must be paid to the City. 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 thirty (30) days after final reading and adoption thereof. {2} Footnotes: {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. {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 Page 4 of 4 File Id. 15-00761 (Version: 2) Printed On: 3/15/2018