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HomeMy WebLinkAboutO-13660City of Miami Legislation Ordinance 13660 File Number: 1112 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/23/2017 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 BY AMENDING SECTION 2-212, ENTITLED "NONCONFORMING USE PILOT PROGRAM", TO REINSTATE THE PILOT PROGRAM THROUGH AUGUST 1, 2017 FOR GOVERNMENT OWNED AND OPERATED USES ONLY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-212 of the Code of the City of Miami, Florida, as amended ("City Code"), created a pilot program that allowed for the reinstatement of certain non -conforming discontinued and abandoned uses; and WHEREAS, said pilot program expired on August 1, 2016; and WHEREAS, the City Commission wishes to reinstatement the pilot program for government owned and operated uses; 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:' "CHAPTER 2 ADMINISTRATION ARTICLE IV. DEPARTMENTS DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT ' 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. City of Miami Page 1 of 3 File ID: 1112 (Revision:) Printed On: 511 512 01 7 File ID: 1112 Enactment Number: 13660 Sec. 2-212. - Nonconforming use pilot program. It is the intent of this program 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 and will automatically terminate on August 1, 20162017. City of Miami Page 2 of 3 File ID: 1112 (Revision:) Printed on: 5/15/2017 File ID: 1112 Enactment Number: 13660 {g} Government owned and operated uses. NlAbA40th5;t;;Ad0Rg the feregoinry a A certificate of use may be issued for a major 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. (2) The structure was constructed pursuant to lawfully obtained building permit(s). (3) A certificate of occupancy was issued for the structure on or before July 1, 2013. (4) The property has no pending code enforcement violations, except for a violation properly under the purview of this section. (5) All outstanding fees and fines including, but not limited to, stormwater fees accrued as of the effective date of the ordinance from which this section derives, must be paid to the city. 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: 1 iria i ' nd- eU�z, City Attor iey 1/17/2017 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 herein, whichever is later. City of Miami Page 3 of 3 File ID: 1112 (Revision:) Printed on: 5/15/2017