HomeMy WebLinkAboutLegislation SRFile Number: 15.00761
City Hall
City of Miami 3500 Pan American
AFL FL 33133
Legislation
www.miamigov.com
Ordinance
Fimal Action Date:
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 BYAMENDING SECTION
2212, 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
particulars:{l }
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File Number' 95-00769
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT
Sec. 2-212. Nonconforming use pilot program.
,�a) It is the intent of this pLqgrpm—in-girder 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 perled-af two-yea-rs and will automatically
terminate on August 1, 201�a X01-02016.—�4nles"thepN�,a� ended -by afflrrr-�at1 e_�oFe ^++—o, "e
Gem-rm- ssion-by,
{*al 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
t months.
fib) Discontinuance or abandonment of a nonconforming use - more than six (6) but less than
eighteen 18 months.
If a nonconforming use is-desed-as has been discontinued or abandoned or a certificate of use
for a nonconforming use lapses has lapsed for a period of more than six I months but for less than
eighteen (1 8) months, the nonconforming use may be permitted to continue, and a certificate of use
renewed, by brocess 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-conflrmed-
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
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
City of'Mianil Page 2 of 4 File Id: 15-00761 (Version: 2) PdWed On: 711412015
Re Number, 15-00761
Article 4, Table 12 of the Miami 21 Code.
kqj C Discontinuance or abandonment of a nonconforming use -, eighteen (18) months or more and
less than five (5) years,
If a nonconforming use is d-Gownsnted-a-&-cliscontinued or abandoned or a certificate of use for a
nonconforming use lapses_for a period of more than eighteen (18). -1-8 months and less than five (6)
years, any subsequent use shall fully conform to the current regulations of the zoning ordinance
unless an Excer)ticn 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:
(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;
Lal No material difference in the quality, character, intensity, or degree of the nonconforming use will
exist orgreater compliance with the Miami 21 Code isprovided: 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,
Ar y time pe4odz4efle4eted4n44[s--seGtion shall not de time dur'ng-w4[Gh4he-d.i-oeGntinuanGe-wa-s-
G-aused by goverRrneRtal-aGtkwwhiGh
(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,.
Lf 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
010, 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 ope rated uses, Notwithstanding the fore going, a certificate of use may be
issued for a Malor Facility, Infrastructure and Utilities, and/or Government Maintenance Facilities, as
those terms are defined in Miami 21, where the following criteria are met:
(1) The structure is owned and operated by a government agency,
(11) The structure was constructed pursuant to lawfully obtained building permit(s).
(III) A certificate of occupancy 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
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He Number, 1500761
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.
'k W * *11
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}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA 141ENDEZ
CITY ATTORNEY
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.
{21 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten (110) 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.
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