HomeMy WebLinkAboutLegislation (v2)File Number: 14-01304zt1
Final Action Date:
ZONINGAN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
13114, AS AMENDED, THE ORDINANCE OF OF
DATE.FLORIDA, BYAMENDING ARTICLE 7 "PROCEDURES AND NONCON FORM ITIES"
TO CLARIFY LANGUAGE ON TIME EXTENSIONS OF NONCONFORMING USES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on March 24, 2015,
following an advertised public hearing, adopted Resolution No. PZAB R-15-014, by a vote of eight to
zero (8 to 0), Item No. 9, recommending approval of an amendment to Ordinance No. 13114, as
amended, to the City of Miami City Commission; and
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"),
Ordinance No. 13114, as the City of Miami's Zoning Ordinance; and
WHEREAS, the intent of the Code is to allow legal nonconformities to continue but not allow
expansions or enlargements of legal nonconformities; and
WHEREAS, once legal nonconforming Uses cease, they may not be re-established, except under
the terms of Section 7.2 of the Code only with the granting of an Exception by the City Commission;
and
WHEREAS, the intent of the Code is to allow legal nonconforming Uses to continue for only twenty
(20) years from the date the use first became legal nonconforming; and
WHEREAS, legal nonconforming Uses are lawful Uses that would not be permitted under the
Code as new uses; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and
in the best interest of the general welfare of the City of Miami and its citizens to amend its Code as
hereinafter set forth.
NOW, - • ORDAINED BY THE COMMISSIONOF OF
.-LORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby
amended by making modifications to Article 7 in the following particulars {1}:
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Ordinance
File Number: 14-01304zt1
Final Action Date:
ZONINGAN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
13114, AS AMENDED, THE ORDINANCE OF OF
DATE.FLORIDA, BYAMENDING ARTICLE 7 "PROCEDURES AND NONCON FORM ITIES"
TO CLARIFY LANGUAGE ON TIME EXTENSIONS OF NONCONFORMING USES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on March 24, 2015,
following an advertised public hearing, adopted Resolution No. PZAB R-15-014, by a vote of eight to
zero (8 to 0), Item No. 9, recommending approval of an amendment to Ordinance No. 13114, as
amended, to the City of Miami City Commission; and
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"),
Ordinance No. 13114, as the City of Miami's Zoning Ordinance; and
WHEREAS, the intent of the Code is to allow legal nonconformities to continue but not allow
expansions or enlargements of legal nonconformities; and
WHEREAS, once legal nonconforming Uses cease, they may not be re-established, except under
the terms of Section 7.2 of the Code only with the granting of an Exception by the City Commission;
and
WHEREAS, the intent of the Code is to allow legal nonconforming Uses to continue for only twenty
(20) years from the date the use first became legal nonconforming; and
WHEREAS, legal nonconforming Uses are lawful Uses that would not be permitted under the
Code as new uses; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and
in the best interest of the general welfare of the City of Miami and its citizens to amend its Code as
hereinafter set forth.
NOW, - • ORDAINED BY THE COMMISSIONOF OF
.-LORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby
amended by making modifications to Article 7 in the following particulars {1}:
City of Miami Page I of 3 File Id. 14-01304zt1 (Version: 2) Printed On: 614/2015
File Number 14-01304zt1
"ARTICLE 7 PROCEDURES AND NONCONFORMITIES
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 Exception before the City Commission within sixty (60) days
of renewal of a Certificate of Use.
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. It is the intention of the City Commission 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
Ifsection", "article", or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective 30 days after final reading and adoption thereof.
{2}
APPROVED AS TO FORM AN (� CORRECTNESS:
IN—
VICTORIA MENDEZ
CITYATTORNEY
City of Miami Page 2 of 3 File Id. 14-013047t1 (Version: 2) Printed On: 61412015
File Number 14-01304ztl
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 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,
whichever is later.
City of Miami Page 3 of 3 File Id. 14-013047t1 (Version: 2) Printed On: 61412015