HomeMy WebLinkAboutPZAB 3-24-15 Supporting DocumentationPZAB.9
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID: 14-01304ztl Quasi -Judicial
Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF
THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING ARTICLE 7 "PROCEDURES AND NONCONFORM ITIES" TO
CLARIFY LANGUAGE ON TIME EXTENSIONS OF NONCONFORMING
USES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Applicant(s): Daniel J. Alfonso, City Manager, on behalf of the City of Miami
3500 Pan American Drive
Miami, FL 33133
(305) 250-5400
Purpose: This will amend Article 7, Section 7.2.6 "Nonconforming Uses" of the Miami 21
Code to emphasize the intent of the Code by introducing language to clarify that
the time extension on nonconforming uses is measured from the time that the
Use became legally nonconforming.
Finding(s):
Planning & Zoning: Recommended approval.
Planning, Zoning and
Appeals Board: March 24, 2015
<�Y 0� City of Miami
Legislation
PZAB Resolution
File Number: 14-01304zt1
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI
CITY COMMISSION AMENDING ORDINANCE NO. 13114, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BYAMENDING
ARTICLE 7 "PROCEDURES AND NONCONFORMITIES" TO CLARIFY LANGUAGE
ON TIME EXTENSIONS OF NONCONFORMING USES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will amend Article 7, Section 7.2.6 "Nonconforming Uses" of the
Miami 21 Code to emphasize the intent of the Code by introducing language to clarify
that the time extension on nonconforming uses is measured from the time that the
Use became nonconforming.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on March 24, 2015,
Item PZAB. -, following an advertised public hearing, adopted Resolution No. PZAB - by a vote of - to -
(-), recommending - 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"), Ord.
13114 as the City of Miami's Zoning Ordinance; and
WHEREAS, the intent of the Miami 21 Code is to allow nonconformities to continue but are not
encouraged to expand or enlarge, and
WHEREAS, once nonconforming Uses cease they may not be re-established, except under the
terms of Section 7.2; and
WHEREAS, the intent of the Miami 21 Code is to allow nonconforming Uses to continue for twenty
(20) years; and
WHEREAS, nonconforming Uses are lawful Uses that would not be permitted under the Miami 21
Code; 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 Zoning
City of Miana i Page 1 of 3 File Id: 14-01304zt1 (Version: 1) Printed On: 311612015
File Number: 14-01304zt1
Ordinance as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA, 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}:
"ARTICLE 7 PROCEDURES AND NONCONFORMITIES
7.2 NONCONFORM ITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS
7.2.6 NONCONFORMING USES
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 became nonconforming and consistent with the regulations of this section. 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.
* * *VT
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
"section", "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}
REVIEWED AND APPROVED
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File Number.° 14-01304zt1
OFFICE OF THE CITY ATTORNEY:
Initial
Date
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 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.
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