HomeMy WebLinkAboutSubmittal-Elvis Cruz-Proposed Modified LanguageBelow is proposed language for the modification of section 7.2.8 b of Miami 21, which deals
with Nonconforming Site Improvements. This is a modification for clarity of proposed
legislation that was item PZ -5 on the September 10, 2015 City Commission agenda.
The key elements:
That buildings originally built as single family, duplex or lodging, and which are less than 500
feet from T3, shall be required to have parking as required by code for their use.
Not in the code at this time, but recommended: Recognize the ability of a originally -built single
family, duplex or lodging building, located on a commercial corridor, to be used as a boutique
office, with parking on-site.
b. Where the existing off-street parking capacity of a property is nonconforming to the
requirements of its use in its transect zone as per this Code or any other city standards, a building
undergoing an adaptive use shall not require the provision of additional parking or on-site storm
water retention or detention.
However, the preceding exemption from providing additional parking shall not apply to:
1. T3 or T4 -R transect zones. Buildings in those transect zones must provide any
additional parking as per the requirement of this code.
2. Any building within an area of the city for which a parking trust fund has been
established and is in effect pursuant to Chapter 35 of the city code.
3. Structures that were originally built as single-family, duplex or lodging and are less
than 500 feet away from a T3 transect zone. Buildings with that description which are re -used
must provide any additional parking as per the requirement of this code. However, buildings
with that description which are already operating as an adaptive re -use as of the effective date of
this ordinance shall be grandfathered. For example, an original single-family, duplex or lodging
building less than 500 feet from a T3 transect zone which is being used as an office may be
grandfathered in for that office use, but is not grandfathered in for any other commercial or
restaurant use.
No modifications may be permitted which increase the degree of the existing nonconformity.
Modifications to off-street parking 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. However, the preceding sentence does not apply to T3
or T4 -R transects, nor to buildings originally built as single-family, duplex or lodging which are
less than 500 feet away from a T3 transect zone.
Submitted into the pubUc . 5
record for item(s) ��
on �l-1 D-1 S City Clerk
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