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Home My WebLink AboutPre-Legislation'" ' City of Miami Legislation Ordinance: 13280 File Number: 11-00492zt City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/28/2011 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 CREATING A NEW SECTION 2-212, ENTITLED " CERTIFICATE OF USE PILOT PROGRAM," CREATING AND IMPLEMENTING A PROCESS FOR THE CONTINUATION OF NON -CONFORMING USES FOR A PERIOD OF TWO (2) YEARS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June 15, 2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-029, by a vote of seven to zero (7-0), item no. 2, recommending APPROVAL with conditions of the original request as stated in the PZAB Resolution; and WHEREAS, businesses are required to obtain a Certificate of Use in order to operate in the City of Miami ("City"); and WHEREAS, such uses must comply with the requirements of the City's Zoning Ordinance ("Miami 21"); and WHEREAS, due to the negative impact of the economy, many businesses have not been able to continue and have allowed their Certificates of Use to lapse; and WHEREAS, upon adoption of Miami 21, many uses that were previously allowed are no longer allowed in the City; and WHEREAS, in order to encourage economic development, this proposed ordinance creates a procedure for the extension of non -conforming uses; 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 and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article IV/Division 2 of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars: (1} City of :Lliand Page 1 of 3 File Id: 11-00492.710 rsion: 3) Printed On: 9/7/2016 Fife Number 11-00492zt Enactment Ntiniber.• 13280 "CHAPTER 2 ADMINISTRATION ARTICLE IV. DEPARTMENTS DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT. Sec. 2-212. Nonconformina Use Pilot Proaram. (a) Intent. In order to encourage economic development and notwithstanding any contradictory provisions in the City Code or Zoning Ordinance, the following pilot program is instituted for a period of two (2) years and will automatically terminate on August 1, 2013, unless otherwise extended by affirmative vote of the City Commission. Discontinuance or Abandonment of a Nonconforming Use. Any nonconforming Use may be renewed so long as the Use has not been discontinued or a Certificate of Use has not lapsed for longer than six (6) months. If a Use is documented as discontinued or a Certificate of Use for a nonconforming Use lapses for a period of more than six (6) months but for less than eighteen (18) months, the nonconforming Use may be permitted to continue by Warrant. The procedures and criteria for the Warrant process shall be as detailed in the Zoning Ordinance. In order to restore a nonconforming Use by Warrant, the following additional criteria shall be established and confirmed by the Planning Department: 1.The nonconforming Use was legally established and operated: 2. If in a structure, the nature and character of the nonconforming Use is substantially the same as that for which the Structure was originally designed; 3.No material difference in the quality, character, intensity, or degree of the nonconforming Use will exist; and 4.The nonconforming Use will not prove materially adverse to the surrounding properties. If a Use is documented as discontinued or a Certificate of Use for a nonconforming Use lapses for a period of more than eighteen (18) months, any subsequent Use shall fully conform to the regulations of the Zoning Ordinance. Any time periods reflected in this section shall not include time during which the discontinuance was caused by governmental action which impeded access to the property. Section 2. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of ;Viatni Page 2 of 3 File !d: 11-00492.-,t (I ersion: 3) Printed Ott: 9/7/2016 File Number: 11-00492zt Enactment Number: 13280 Section 3. This Ordinance shall become effective immediately 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 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. Ch), of .11ianri Page 3 of 3 File Id: 11-00492,-.10 rsion: 3) Printed On: 9/712016 File Number: 13-00972a Final Action Date: 9/12/2013 A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE TIME FOR THE NONCONFORMING USE PILOT PROGRAM RELATED TO LAPSED CERTIFICATES OF USE TO AUGUST 1, 2015. WHEREAS, due to the continuing negative impact of the economy, many businesses have allowed their Certificates of Use to lapse; and WHEREAS, many business owners who allowed their Certificates of Use to lapse were unaware of the Nonconforming Use Pilot Program; and WHEREAS, Section 2-212(a) of the Code of the City of Miami Florida, as amended ("City Code") created the Nonconforming Use Pilot Program to provide for an amnesty period in which business owners may apply for a Certificate of Use for a nonconforming use after allowing their certificate of use to lapse; and WHEREAS, the extension provide for in Section 2-212(a) of the City Code expired on August 1, 2013, but may be extended by affirmative vote of the City Commission; and WHEREAS, the City of Miami ("City") wishes to increase public knowledge of the existence of the Nonconforming Use Pilot Program and to provide an extended period of time to use said program; and WHEREAS, the City Commission deems it advisable to extend the Nonconforming Use Pilot Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The Miami City Commission extends the Nonconforming Use Pilot Program related to lapsed Certificates of Use until August 1, 2015. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1) Footnotes: City of Mianri Pa,e I of 2 File Id: 13-00972a 0 rsion: 1) Printed On: 9/7/2016 City of Miami City Hall 3500 Pan American Drive ° '* Legislation Miami, FL 33133 www.miamigov.com Resolution: R-13-0343 File Number: 13-00972a Final Action Date: 9/12/2013 A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE TIME FOR THE NONCONFORMING USE PILOT PROGRAM RELATED TO LAPSED CERTIFICATES OF USE TO AUGUST 1, 2015. WHEREAS, due to the continuing negative impact of the economy, many businesses have allowed their Certificates of Use to lapse; and WHEREAS, many business owners who allowed their Certificates of Use to lapse were unaware of the Nonconforming Use Pilot Program; and WHEREAS, Section 2-212(a) of the Code of the City of Miami Florida, as amended ("City Code") created the Nonconforming Use Pilot Program to provide for an amnesty period in which business owners may apply for a Certificate of Use for a nonconforming use after allowing their certificate of use to lapse; and WHEREAS, the extension provide for in Section 2-212(a) of the City Code expired on August 1, 2013, but may be extended by affirmative vote of the City Commission; and WHEREAS, the City of Miami ("City") wishes to increase public knowledge of the existence of the Nonconforming Use Pilot Program and to provide an extended period of time to use said program; and WHEREAS, the City Commission deems it advisable to extend the Nonconforming Use Pilot Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The Miami City Commission extends the Nonconforming Use Pilot Program related to lapsed Certificates of Use until August 1, 2015. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1) Footnotes: City of Mianri Pa,e I of 2 File Id: 13-00972a 0 rsion: 1) Printed On: 9/7/2016 File Number.' 13-00972a Enactment Number: R-13-03$3 {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of _L/iami Page 2 of 2 File Id.- 13-00972a (Version: 1) Printed On: 9/7/2016 File Number: 15-00761 Final Action Date: 7/23/2015 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 BYAMENDING SECTION 2-212, ENTITLED "NONCONFORMING USE PILOT PROGRAM," TO REINSTATE THE PILOT PROGRAM THROUGH AUGUST 1, 2016, TO ADD LANGUAGE TO CLARIFY THE PARAMETERS FOR RENEWAL OR REINSTATEMENT OF CERTIFICATES OF USE FOR NONCONFORMING USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicable portions of the Code of the City of Miami, Florida, as amended ("City Code"), provide regulations and criteria to reinstate discontinued and abandoned uses that are non -conforming; and WHEREAS, the intent of the City Code is to allow a certificate of use for a nonconforming use which lapsed for a period of more than six (6) months, but for less than 18 months, to apply for a warrant to have the use reinstated; and WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can be reinstated by warrant, if the nonconforming use is located within a structure, that the nature and character of the nonconforming use be substantially the same as that for which the structure was originally designed; and WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can be reinstated by warrant, the nonconforming use will not provide material difference in the quality, character, intensity, or degree of the nonconforming use if reinstated; and WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can be reinstated by warrant, the nonconforming use will not prove materially adverse to the surrounding properties if reinstated; and WHEREAS, the City Commission desires to allow a certificate of use for a nonconforming use which has been discontinued for a period in excess of eighteen (18) months and fess than five (5) years to be reinstated by an exception process as described in Miami 21, subject to conditions; 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:{1} Cin• of Aliami Pure I of 4 File Irl: 15-00761 0rsion: 2) Primed On: 9/7/2016 City of Miami City Hall 3500 Pan American ,;• ��•' ll'A Drive_. Legislation Miami, FL 33133 wrww.miamigov.com "K,` Ordinance: 13539 File Number: 15-00761 Final Action Date: 7/23/2015 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 BYAMENDING SECTION 2-212, ENTITLED "NONCONFORMING USE PILOT PROGRAM," TO REINSTATE THE PILOT PROGRAM THROUGH AUGUST 1, 2016, TO ADD LANGUAGE TO CLARIFY THE PARAMETERS FOR RENEWAL OR REINSTATEMENT OF CERTIFICATES OF USE FOR NONCONFORMING USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicable portions of the Code of the City of Miami, Florida, as amended ("City Code"), provide regulations and criteria to reinstate discontinued and abandoned uses that are non -conforming; and WHEREAS, the intent of the City Code is to allow a certificate of use for a nonconforming use which lapsed for a period of more than six (6) months, but for less than 18 months, to apply for a warrant to have the use reinstated; and WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can be reinstated by warrant, if the nonconforming use is located within a structure, that the nature and character of the nonconforming use be substantially the same as that for which the structure was originally designed; and WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can be reinstated by warrant, the nonconforming use will not provide material difference in the quality, character, intensity, or degree of the nonconforming use if reinstated; and WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can be reinstated by warrant, the nonconforming use will not prove materially adverse to the surrounding properties if reinstated; and WHEREAS, the City Commission desires to allow a certificate of use for a nonconforming use which has been discontinued for a period in excess of eighteen (18) months and fess than five (5) years to be reinstated by an exception process as described in Miami 21, subject to conditions; 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:{1} Cin• of Aliami Pure I of 4 File Irl: 15-00761 0rsion: 2) Primed On: 9/7/2016 File Number. 15-00761 Enactment Number: 13539 "CHAPTER 2 ADMINISTRATION ARTICLE IV. DEPARTMENTS DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT Sec. 2-212. Nonconforming use pilot program. �a4 It is the intent of this program IR 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 fnr a peFied of twG „oars- and will automatically terminate on August 1, 2013 201 5201 6., uRiess etheF Mise exteRded by Sererrn!660e". (b) Discontinuance or abandonment of a nonconforming use - six (6) months or less. A certificate of use for any nonconforming use which has lapsed may be renewed so long as M No material difference in the quality, character, intensity, or degree of the nonconforming use will exist or greater compliance with the Miami 21 Code is provided; and (2) The use has not been discontinued or a the certificate of use has not lapsed for longer than six months. (-0 (b) Discontinuance or abandonment of a nonconforming use - more than six (6) but less than eighteen (18) months. If a nonconforming use is has been discontinued or abandoned or a certificate of use for a -nonconforming use lapses has lapsed for a period of more than six (6) months -but for less than eighteen (18) months, the nonconforming use may be permitted to continue, and a certificate of use renewed, by process of warrant. The procedure and criteria for the warrant process shall be as detailed in the zoning ordinance. In order to restore a nonconforming use by warrant, the following criteria shall be applicable in addition to the criteria set forth in Miami 21: be established and Ge Rfirmed by the planning depa*ReRti (1) The nonconforming use was originally legally established and operated at the time the dse began; (2) If in a structure, the nature and character of the nonconforming use is substantially the same as that for which the structure was originally designed; (3) No material difference in the quality, character, intensity, or degree of the nonconforming use will exist or greater comp a_n_ce with the Miami 21 Code is provided; and (4) The nonconforming use will not prove materially adverse to the surrounding properties pursuant to City of Miami Page 2 of 4 File Irl. 15-00761 (f' rsioar: 2) Printed On: 9/7/2016 File Number: 15-00761 Enactment Number: 13539 Article 4, Table 12 of the Miami 21 Code. kO (c) Discontinuance or abandonment of a nonconforming use - eighteen (18) months or more and less than five (5) years. If a nonconforming use is dGGUFneRted AS discontinued or abandoned or a certificate of use for a nonconforming use lapses for a period of more than eighteen (18) 48 months and less than five (5) years, any subsequent use shall fully conform to the current regulations of the zoning ordinance unless an Exception with City Commission approval is granted. In order to restore a nonconforming use by Exception, the following criteria shall be applicable in addition to the criteria set forth in Miami 21: (1) The nonconforming use was originally legally established and operated at the time the use began; (2) If in a structure, the nature and character of the nonconforming use is substantially the same as that for which the structure was originally designed; (3) No material difference in the quality, character, intensity, or degree of the nonconforming use will exist or greater compliance with the Miami 21 Code is provided: and (4) The nonconforming use will not prove materially adverse to the surrounding properties pursuant to Article 4, Table 12 of the Miami 21 Code. nay sed by geyeMmeRtal aGt'9R whish impeded armors to the PFepert (d) This section shall only apply to nonconforming uses that were lawful at the time the use was established but would not be permitted under Miami 21, and the amortization period has not expired pursuant to Section 7.2.6 of the Miami 21 Code. (e) Nothing in this section shall be construed to permit the extension of any use nor the issuance of a certificate of use for any use for which the amortization period set forth in Miami 21 Section 7.2.6 has expired. No certificate of use may be issued, extended, reinstated, or renewed for the following: (i) Uses for which a certificate of use has been revoked or suspended by the Zoning Administrator; or (ii) Uses which were not legal at the time they were established; or NO Any Nonconforming Structure or any Structure containing a nonconforming Use that becomes unsafe or unlawful by declaration of the Citv of Miami. Miami - Dade County Unsafe Structures Board, or other governmental agency having jurisdiction; or _ (iv) Any Nonconforming Use that has been discontinued or abandoned or a certificate of use for a nonconforming use that has lapsed for a period of more five (5) years Government owned and operated uses. Notwithstandina the foreaoina. 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: (i) The structure is owned and operated by a government agency. (ii) The structure was constructed pursuant to lawfully obtained building permit(s). NO A certificate of occupancy was issued for the structure on or before July 1, 2013. (iv) The property has no pending code enforcement violations, except for a violation properly under the City of Aliand Pine 3 ofd File Id: 15-00761 (f' rsion: 2) Printed On: 9/7/2016 File Number: 15-00761 Enacimeta Number:• 13539 purview of this Section. (v) All outstanding fees and fines including, but not limited to, stormwater fees accrued as of the effective date of this ordinance, 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) 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 herein, whichever is later. City of Miami Pane 4 of 4 File Id: I5-00-61 (6'ersion: 2) Priwed Oa: 9/7/2016