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HomeMy WebLinkAboutAnalysis & MapsCity of Miami f.� fy, ,$;�, ,,,;,, : Planning and Zoning Department rtf ` Land Development Section ANALYSIS FOR EXCEPTION FILE ID: 16-01386x APPLICANT: Nicole Sohn, Esquire, on behalf of the property owner L2 Holdings Miami LLC PROJECT ADDRESS: 2225 SW 18 Ave TRANSECT ZONE: T3 -R (Sub -Urban Restricted) NET OFFICE: Coral Way COMMISSION DISTRICT: District 4 FOLIO: 01-4115-012-0080 A. GENERAL INFORMATION: REQUEST: Pursuant to Chapter 2, Article IV, Division 2, Section 2-212 (c), Non -Conforming Use Pilot Program of the Miami Code of Ordinances, the applicant requests an Exception to restore a nonconforming use located in a T3 -R (Sub -Urban Restricted) Transect Zone. B. BACKGROUND: The subject property is located on a corner lot within the New Shenandoah Subdivision and the Coral Way NET area.. The subject site is approximately 13,093 sq. ft. and is generally bounded by SW 22 Terrace to the north and SW 18 Avenue to the east. The complete legal description is on file with the Hearing Boards Section. Above: Vicinity map and aerial view of subject site (2225 SW 18 Avenue) outlined in blue. 2225 SW 18 Avenue 116-01386x Page 1 of 3 The subject site contains an existing structure of 3,719 sq. ft. and a surface parking lot. On January 2, 1985, the subject structure was converted from a single-family residence into a medical office (Building Permit #85-808, Certificate of Use# 080690). Under the 11000 Zoning Ordinance, the site was zoned R1. When the City changed its zoning ordinance and adopted Miami 21 in April of 2010, the site was subsequently rezoned to T3 -R (Sub -Urban Restricted). Under this zoning, office uses are not permitted. On January of 2013, the medical office ceased its operations and the Certificate of Use (C.U. #080690) for Medical Office was closed. On July 15, 2016, the new owner (L2 Miami Holdings LLC) of this site approached the City of Miami's Zoning Administrator to request an extension of the expired C.U. and the conversion of the nonconforming use from a medical office to a general office. Exception per Chapter 2, Division 2, Section 2-212(c) of the City Code, Nonconforming Use Pilot Program City Code, Chapter 2, Division 2, Section 2-212(c), (attached as Exhibit A) established a Nonconforming Use Pilot Program in that, a Certificate of Use for a nonconforming use that has lapsed or discontinued for a period of 18 months but less than five years, may be reinstated through the process of Exception before the City Commission. Applications requesting an Exception per the Nonconforming Use Pilot Program must comply with the criteria as stated below: The nonconforming use was originally legally established and operated at the time. Pursuant to records verified by the Planning and Zoning Department, the property was permitted as transitional use for office with off-street parking. Building Permit # 85-808 was issued on January 2, 1985, for a conversion of the subject property from single-family residential use to a medical office use with a surface parking lot. Furthermore, based on Building Department's records, a Certificate of Use #080690 for Medical Office was active through January of 2013. 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. The applicant seeks to establish a general office use within an existing structure property. The proposed plan states that the office may accommodate a maximum occupancy of thirty-two (32) people; however, the applicant proposes to accommodate a staff of 15 people. Based on microfilm records, the approved legal nonconforming use (Medical Office) allowed a maximum occupancy of thirty- two (32) people. The maximum occupancy allowed for the proposed property complies with the nonconforming use, size of the property and parking. The proposed office use will not alter the existing character and nature of the property. Hence, the nonconformity use is substantially similar 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 orgreater compliance with the Miami 21 Code is provided. The proposed plans show no alteration, addition nor any extension to the existing footprint of the building, landscaping and parking. The proposed plans show only minor alterations and updates to the existing indoor design layout. The existing ADA ramp located to the east side of the building complies with the current ADA requirements and maintains the purpose to provide access for the physically impaired, pursuant to Florida Accessibility Code for Building Construction. 4. The nonconforming use will not prove materially adverse to the surrounding properties pursuant to Article 4, Table 12, of the Miami 21 Code. The applicant proposes to maintain the original architectural characteristics of the property in order to mitigating any visual and physical impact that could potentially affect the surrounding properties and disrupt the intent 2225 SW 18 Avenue 1 16-01386x Page 2 of 3 of the character of single-family residential neighborhood, pursuant to Article 4, table 12 of the Miami 21 Code. In this case, the original nonconforming use (medical office) was legally converted and established by the Building Department on January 2, 1985. The conversion of the nonconforming use medical office use to a general office use is substantially the same. There is no material difference in the quality, character, intensity, or degree of the nonconforming uses as requested. Lastly, the nonconforming use will not prove materially adverse to the surrounding properties. C. RECOMMENDATION: Staff has reviewed the applicant's request and supporting documentation, Based on research and materials provided, staff supports the approval of the Exception under the Nonconforming Use Pilot Program, per Chapter 2, Division 2, Section 2-212(c) of the City Code with the following conditions: 1. The development shall be substantially in accordance with the plans as prepared by M. Averhoff Architecture entitled "La Casita" consisting of three (3) sets, dated stamped received by the City of Miami Hearing Boards on July 27, 2018. 2. The applicant or successor in interest shall comply with all applicable requirements of all departments 1 agencies as part of the City of Miami permitting process. 3. The Applicant shall submit a final landscape plan in accordance with Article 9 entitled "Landscape Requirements" of the Miami 21 Code to be approved by the Director of the Planning and Zoning Department or his or her designee prior to submitting for a building permit. 4. Failure to obtain a Certificate of Use for the General Office will result in this use in being revoked. 5. This Exception is non -transferable and limited solely to the "Applicant" (L2 Holdings Miami LLC). Any change of use, transfer of ownership, or extension/ addition to the existing structure of the property will automatically rescind this Exception and shall require an approval of a new Permit fully in compliance with the Codes and Regulations pursuant to Miami 21 Code of Ordinances. Exhibit A- City of Miami Legislation Nonconforming Use Pilot Program, Chapter 2, Article IV, Division 2, Sec. 2-212(c). Exhibit B- Building Permit # 85-808 dated January 2, 1985 Jacqueline Elli's Acting Chief o� Land Development Report prepared by Luiz Vicentini, Planner 1 10117/2016 2225 SW 18 Avenue / 16-01386x Page 3 of 3 EXHIBIT A CITY OF MIAMI LEGISLATION; CHAPTER 2, ARTICLE IV, DIVISION 2, SEC. 2-212 (C) NONCONFORMING USE PILOT PROGRAM. File Number: 15-00761 Final Action Date: 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, 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 nonconforming; 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 as long as the use has received an exception under Miami 21 Section 7.2.6; 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 less than five (5) years to be reinstated by an exception process as described in Miami 21, subject to conditions and in conformity with Miami 21 Section 7.2,6; 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, City of Miami Page I of 4 File Irl: 15-00761 (Version: 1) Printed On: 6/2912015 City Miami City Hall of 3500 Pan American Drive �����®� Miami, FL 33133 www.miamigov.com Ordinance File Number: 15-00761 Final Action Date: 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, 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 nonconforming; 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 as long as the use has received an exception under Miami 21 Section 7.2.6; 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 less than five (5) years to be reinstated by an exception process as described in Miami 21, subject to conditions and in conformity with Miami 21 Section 7.2,6; 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, City of Miami Page I of 4 File Irl: 15-00761 (Version: 1) Printed On: 6/2912015 File Number., 15-00761 Section 2. Chapter 2/Article IV/Division 2 of the City Code is amended in the following particulars:{1} "CHAPTER 2 ADMINISTRATION ARTICLE IV. DEPARTMENTS DIVISION 2, PLANNING, BUILDING AND ZONING DEPARTMENT Sec. 2-212. Nonconforming use pilot program. 0) It is the intent of this program in order to encourage economic development and notwithstanding any contradictory provisions in the City Code or zoning ordinance including Section 7.2,6(d.) of Miami A 21, the following pilot program is hereby instituted -fora -period o_f two -years and will automatically terminate on August 1, 2013 204 201'6, b, aff#ma#ve-vote of the City - 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 no material difference in the quality, character, intensity, or degree of the nonconforming use will—exist; and the use has not been discontinued or a the certificate of use has not lapsed for longer than six (6)_ months-; and is in conformity with Miami 21 Section 7.2,6. {o ore than six (6) months but less 4 (b) Discontinuance or abandonment of a nonconforming use -more than eighteen (18) months, If a nonconforming use is-4ovarnented as has been discontinued or abandoned or a certificate of use for a -nonconforming use lapses, 2s, �ased 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: '-*,e established and Go-, 41 1 1, M -_ d by the planning depaFtmefft --. (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; and (4) The nonconforming use will not prove materially adverse to the surrounding properties pursuant to City of Miami Page 2 of'4 File Id. 15-00761 (Version., 1) Printed On: 612912015 File Number; 15-00761 Article 4 Table 12 of the Miami 21 Code. {c) Discontinuance or abandonment of a nonconforming use-e�ghteen (18) months or more and less than five (5) , ears. If a nonconforming use is documented as discontinued or abandoned or a certificate of use for a nonconforming use lapses for a period of more than eighteen (18) 4-8 months and less than five (5) years, any subsequent use shall fully conform to the current regulations of the zoning ordinance unless an exception is granted by the City Commission. In order to restore a nonconforming use by exception, the following_ criteria shall be applicable in addition to any criteria established 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: 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. Atay-titeriedrfiin seotmen shall I d �� 1 f—Z' VV. 11 he dis-ontinuanGe was- oaused by govemmental a-Ctl7iYVV'h'tb�1�t� C�"�c--G cam..-Stc�.r'ti e'"p+�. (d) This section shall only apply to nonconforminguses 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) No certificate of use may 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 01i) Any nonconforming Structure or any Structure containing a nonconforming Use that becomes unsafe or unlawful by declaration of the City of Miami Miami - Dade County Unsafe Structures Board or other governmental agency havingiurisdiction: 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 (f) 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. 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} City of Miami Page 3 of 4 File Iek 15.00761 (Version, 1) Printed On: 012912015 File Number., 15-00761 APP OVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITYATTORNEY . 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 Miand Page 4 of 4 File Id: 15-00761 (Version: 1) Printed On: 6/29/2015 EXHIBIT B D K , ,,!FLO.RibA M tNG Puma „ . .. c.M}0144 the fallowing: 91ETR WNER`� y y I F LOtNO... O N m iION _ACTgR ,.-'^t •;,.; Q FFIDAVI A - 'O -h '.. d -DATE 'HITSE HE�£RT R`a}/Oi IMS 913 T BJ DSII i-coy'S�'s I,.{Jl�B.l!, (� {' i-`nem"11m IF.ki .f,4 £ � >..y. �Nb'C146 AND SLI ? 17 � �i Irx"iG� LATION SO. FT.. ' 268T 8 � FEE $ FEE $ ..COST$-...' ILDING U$E ���`oN+rL'�L•Tlr%,V RESOLUTION 3 i7`/�� 'CRlPTION.. WORK ,jZ +'MO Lt AC Qj� E—AfSTl NE' FIRE ZONE, $UILOING' ��.Jj �E�UIL'DINO„ GROUP `G!' TYpE ... C TOTAL BY: d...................��£:ta,: ,.,,...j,... },SJ—' ,s 1.3U!(ding b'L Zoning Dept, - 5Fii10E:.-- r ' �• �ionk4' ... i" �" �{ NSP4CTOR'S COPY 1 a FOR INSPECTIONS, GALL5794800 010a REY . NSTRUCTION: C• a. S.X FA AME❑ OTHER �+ 0• h. fl. M: OF TORIES_ YEs � YE PLUMEING ELECTRICAL FLOOD DATA . OF UNITS._J.._.� NO NO [ darrtand .that thfa nppi(cattton N s. Weal to the SWIMnq -?I., IN and ail other Ordlnaneea at Ih City f 0-1. Law. of Inc Stele and Rules of -Euiidinx Divislon appA thIdA rd•Rorta,2= ereto. A �aqqpy of rPproved Inrand speclttCntiona al he kepi wading aIle Cutla y 4 tees e( the work. All etryloyvrz of IaLnr are H ti1C L - Iznt to the yr vista" the 1,.,IdA Workmen s Campe++snUon AcG u - NDSCAPE..e ALIMR'+ NATURE IRE (!"30 t% 'PREVENTION GJ' _ y ^ "`+++••• .PHONE: ❑SEWER - COVENANT UEDGRADE •� : .,s NE /.' �AT x"PERM___.______ + PROVIDED ! STATE HEALTH ❑ 6EPARTMENT d .{ ' r�' tACLIFtN�; DATE: © + LOT X O ER PER MYTS REQU ED pzyyw III 7� OFF•STREEi PARKING LECTAtCAL OOF'tlC]ePAVINO' .7 REO, PROV:. PLUMBING, ❑.AAS NE''" ECHANICAL, ❑ POOL ❑'pEMOL1TiON ' REE REMOVAL WITH THIS PERMIT N at!„ t I E. . 0. '© E. P. R. D. ,C re s"hts ��'",..a{kata In PLO FE ❑ G. 0. AEO EATIFiCAT111 RE AIRS .. U. RVOIJIMED JOSOJL TEST SEQUINED -A n of Ito.. andM tldtngd. gUiRFD " MEN S =tiy l'i`i i .:, SND USE REVtEV$=Tx..,;, yAf4EA FEE $ s .N A�lCi1 +I711CT(,(iq Gn DING $0. FT. 'COST : FEE$ CG ITION O. F d IMS 913 T BJ DSII i-coy'S�'s I,.{Jl�B.l!, (� {' i-`nem"11m IF.ki .f,4 £ t,�!` (_ >..y. �Nb'C146 AND SLI ? 17 � �i Irx"iG� LATION SO. FT.. ' 268T 8 � FEE $ FEE $ ..COST$-...' � FEE $. _ 3 i7`/�� 1 f1 CHECK# - 4 TOTAL BY: d...................��£:ta,: ,.,,...j,... },SJ—' ,s 1.3U!(ding b'L Zoning Dept, - 5Fii10E:.-- r ' �• �ionk4' ... i" �" �{ NSP4CTOR'S COPY 1 a FOR INSPECTIONS, GALL5794800 010a REY . d EXHIBIT A CITY OF MIAMI LEGISLATION; CHAPTER 2, ARTICLE IV, DIVISION 2, SEC. 2-212 (C) NONCONFORMING USE PILOT PROGRAM. File Number: 15-00761 Final Action Date: 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, 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 nonconforming; 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 as long as the use has received an exception under Miami 21 Section 7.2.6; 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 less than five (5) years to be reinstated by an exception process as described in Miami 21, subject to conditions and in conformity with Miami 21 Section 7.2,6; 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, City of Miami Page I of 4 File Irl: 15-00761 (Version: 1) Printed On: 6/2912015 City Miami City Hall of 3500 Pan American Drive �����®� Miami, FL 33133 www.miamigov.com Ordinance File Number: 15-00761 Final Action Date: 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, 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 nonconforming; 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 as long as the use has received an exception under Miami 21 Section 7.2.6; 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 less than five (5) years to be reinstated by an exception process as described in Miami 21, subject to conditions and in conformity with Miami 21 Section 7.2,6; 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, City of Miami Page I of 4 File Irl: 15-00761 (Version: 1) Printed On: 6/2912015 File Number., 15-00761 Section 2. Chapter 2/Article IV/Division 2 of the City Code is amended in the following particulars:{1} "CHAPTER 2 ADMINISTRATION ARTICLE IV. DEPARTMENTS DIVISION 2, PLANNING, BUILDING AND ZONING DEPARTMENT Sec. 2-212. Nonconforming use pilot program. 0) It is the intent of this program in order to encourage economic development and notwithstanding any contradictory provisions in the City Code or zoning ordinance including Section 7.2,6(d.) of Miami A 21, the following pilot program is hereby instituted -fora -period o_f two -years and will automatically terminate on August 1, 2013 204 201'6, b, aff#ma#ve-vote of the City - 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 no material difference in the quality, character, intensity, or degree of the nonconforming use will—exist; and the use has not been discontinued or a the certificate of use has not lapsed for longer than six (6)_ months-; and is in conformity with Miami 21 Section 7.2,6. {o ore than six (6) months but less 4 (b) Discontinuance or abandonment of a nonconforming use -more than eighteen (18) months, If a nonconforming use is-4ovarnented as has been discontinued or abandoned or a certificate of use for a -nonconforming use lapses, 2s, �ased 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: '-*,e established and Go-, 41 1 1, M -_ d by the planning depaFtmefft --. (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; and (4) The nonconforming use will not prove materially adverse to the surrounding properties pursuant to City of Miami Page 2 of'4 File Id. 15-00761 (Version., 1) Printed On: 612912015 File Number; 15-00761 Article 4 Table 12 of the Miami 21 Code. {c) Discontinuance or abandonment of a nonconforming use-e�ghteen (18) months or more and less than five (5) , ears. If a nonconforming use is documented as discontinued or abandoned or a certificate of use for a nonconforming use lapses for a period of more than eighteen (18) 4-8 months and less than five (5) years, any subsequent use shall fully conform to the current regulations of the zoning ordinance unless an exception is granted by the City Commission. In order to restore a nonconforming use by exception, the following_ criteria shall be applicable in addition to any criteria established 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: 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. Atay-titeriedrfiin seotmen shall I d �� 1 f—Z' VV. 11 he dis-ontinuanGe was- oaused by govemmental a-Ctl7iYVV'h'tb�1�t� C�"�c--G cam..-Stc�.r'ti e'"p+�. (d) This section shall only apply to nonconforminguses 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) No certificate of use may 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 01i) Any nonconforming Structure or any Structure containing a nonconforming Use that becomes unsafe or unlawful by declaration of the City of Miami Miami - Dade County Unsafe Structures Board or other governmental agency havingiurisdiction: 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 (f) 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. 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} City of Miami Page 3 of 4 File Iek 15.00761 (Version, 1) Printed On: 012912015 File Number., 15-00761 APP OVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITYATTORNEY . 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 Miand Page 4 of 4 File Id: 15-00761 (Version: 1) Printed On: 6/29/2015 EXHIBIT B D K , ,,!FLO.RibA M tNG Puma „ . .. c.M}0144 the fallowing: 91ETR WNER`� y y I F LOtNO... O N m iION _ACTgR ,.-'^t •;,.; Q FFIDAVI A - 'O -h '.. d -DATE 'HITSE HE�£RT R`a}/Oi IMS 913 T BJ DSII i-coy'S�'s I,.{Jl�B.l!, (� {' i-`nem"11m IF.ki .f,4 £ � >..y. �Nb'C146 AND SLI ? 17 � �i Irx"iG� LATION SO. FT.. ' 268T 8 � FEE $ FEE $ ..COST$-...' ILDING U$E ���`oN+rL'�L•Tlr%,V RESOLUTION 3 i7`/�� 'CRlPTION.. WORK ,jZ +'MO Lt AC Qj� E—AfSTl NE' FIRE ZONE, $UILOING' ��.Jj �E�UIL'DINO„ GROUP `G!' TYpE ... C TOTAL BY: d...................��£:ta,: ,.,,...j,... },SJ—' ,s 1.3U!(ding b'L Zoning Dept, - 5Fii10E:.-- r ' �• �ionk4' ... i" �" �{ NSP4CTOR'S COPY 1 a FOR INSPECTIONS, GALL5794800 010a REY . NSTRUCTION: C• a. S.X FA AME❑ OTHER �+ 0• h. fl. M: OF TORIES_ YEs � YE PLUMEING ELECTRICAL FLOOD DATA . OF UNITS._J.._.� NO NO [ darrtand .that thfa nppi(cattton N s. Weal to the SWIMnq -?I., IN and ail other Ordlnaneea at Ih City f 0-1. Law. of Inc Stele and Rules of -Euiidinx Divislon appA thIdA rd•Rorta,2= ereto. A �aqqpy of rPproved Inrand speclttCntiona al he kepi wading aIle Cutla y 4 tees e( the work. All etryloyvrz of IaLnr are H ti1C L - Iznt to the yr vista" the 1,.,IdA Workmen s Campe++snUon AcG u - NDSCAPE..e ALIMR'+ NATURE IRE (!"30 t% 'PREVENTION GJ' _ y ^ "`+++••• .PHONE: ❑SEWER - COVENANT UEDGRADE •� : .,s NE /.' �AT x"PERM___.______ + PROVIDED ! STATE HEALTH ❑ 6EPARTMENT d .{ ' r�' tACLIFtN�; DATE: © + LOT X O ER PER MYTS REQU ED pzyyw III 7� OFF•STREEi PARKING LECTAtCAL OOF'tlC]ePAVINO' .7 REO, PROV:. PLUMBING, ❑.AAS NE''" ECHANICAL, ❑ POOL ❑'pEMOL1TiON ' REE REMOVAL WITH THIS PERMIT N at!„ t I E. . 0. '© E. P. R. D. ,C re s"hts ��'",..a{kata In PLO FE ❑ G. 0. AEO EATIFiCAT111 RE AIRS .. U. RVOIJIMED JOSOJL TEST SEQUINED -A n of Ito.. andM tldtngd. gUiRFD " MEN S =tiy l'i`i i .:, SND USE REVtEV$=Tx..,;, yAf4EA FEE $ s .N A�lCi1 +I711CT(,(iq Gn DING $0. FT. 'COST : FEE$ CG ITION O. F d IMS 913 T BJ DSII i-coy'S�'s I,.{Jl�B.l!, (� {' i-`nem"11m IF.ki .f,4 £ t,�!` (_ >..y. �Nb'C146 AND SLI ? 17 � �i Irx"iG� LATION SO. FT.. ' 268T 8 � FEE $ FEE $ ..COST$-...' � FEE $. _ 3 i7`/�� 1 f1 CHECK# - 4 TOTAL BY: d...................��£:ta,: ,.,,...j,... },SJ—' ,s 1.3U!(ding b'L Zoning Dept, - 5Fii10E:.-- r ' �• �ionk4' ... i" �" �{ NSP4CTOR'S COPY 1 a FOR INSPECTIONS, GALL5794800 010a REY . d MIAMI 21 (EXISTING) 16-01386x '3- BISCAYNE BOULEVARD SETBACK AREA w Q 1 - co W • 1 • 7,LT3-O' T5 -O Coral,Way SW22ND ST aster, Plan SW 22ND TER SW 23RD ST N 0 75 150 300 Feet T3 - ADDRESS: 2225 SW 18 AV AERIAL 16-01386x D 60 120 240 Feet ADDRESS: 2225 SW 18 AV A