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HomeMy WebLinkAboutO-13577Vop City of Miami F .. 19611F A111 *'Ir Legislation i 0 R �O Ordinance: 13577 File Number: 14-01075A City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/19/2015 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 7, SECTION 7.2, ENTITLED "PROCEDURES AND NON CONFORMITIES," TO MODIFY PARKING REQUIREMENTS FOR ADAPTIVE USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on November 5, 2014, Item No. PZAB.9, following an advertised public hearing, adopted Resolution No. PZAB-R-14-070 by a vote of seven to zero (7-0), recommended the adoption of this item to the City Commission; and WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ordinance 13114 as the City of Miami's ("City") Zoning Ordinance; and WHEREAS, the intent of the Code is to promote the rehabilitation, restoration, and adaptive uses on existing buildings; and WHEREAS, the intent of the Code is to allow non -conforming buildings with less than the required on-site parking, or no parking, to continue to exist with vested rights; and WHEREAS, it has been determined that Article 7, Section 7.2 of the Code needs to be corrected and updated to reflect the intent and provide clarification and accuracy; 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 and its citizens to amend the Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF 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. 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 City of Miand Page 1 of 2 File Id. 14-010757t (Version: 5) Printed On: 4/5/2018 File Number: 14-01075zt Enactment Number: 13577 7.2.8 NONCONFORMING SITE IMPROVEMENTS b. Except in a T3 or T4 -R Transect Zone or within an area of the city for which a aarkina trust fund has been established and is in effect pursuant to Chapter 35 of the City Code, Wwhere existing Off-street Parking facies are is nonconforming to the requirements of this Code or any other city standards to any Use permitted in the Transect Zone, Adaptive Use +ho roc+„rntmen er rehabilitation „f a+� existing Building or adaptive lc Use to any permitted Use on the T�seGt ZG shall not require the provision of additional parking or on-site storm water retention or detention.ave-a ,+ +„ the extent Tegired by appliCahle state er federal If the prior Use of such structure was single-family, duplex, or lodaina and the site is loss than 500 foo+ away frern abuts a T3 Transect Zone. the arovision of additional parking shall be required as per the requirement of this Code. No modifications may be permitted which increase the degree of the existing nonconformity. Modifications to Off-street Parkin the faGili+ies may be approved by Waiver, and the Waiver may be conditioned on safeguards that reduce the degree of nonconformity to the extent reasonably feasible in the circumstances of the case. 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 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, whichever is later. City of Miami Page 2 of 2 File Id. 14-010757t (Version: 5) Printed On: 4/5/2018