Ordinance 85-2486 ORDINANCE NO. 85-2486
AN ORDINANCE OF THE CITY OF MIAMI BEACH FLORIDA AMENDING
THE COMPREHENSIVE ZONING ORDINANCE NO. 1891; PROVIDING FOR
AMENDMENTS TO SECTION 12-1 REGARDING A TECHNICAL CHANGE;
Section 12-2 REGARDING NON-CONFORMING SIGNS; SECTION 12-3
REGARDING THE NON-CONFORMING USE OF BUILDINGS;
SECTION 12-5 REGARDING THE DESTRUCTION OF NON-CONFORMING
BUILDINGS AND USES AND INCLUDING REQUIREMENTS CONTAINED
IN THE SOUTH FLORIDA BUILDING CODE, MIAMI BEACH PROPERTY
MAINTENANCE STANDARDS AND SETTING FORTH MINIMUM FLOOR
AREA STANDARDS; SECTION 12-8 REGARDING NOMENCLATURE AND
CLARIFICATION; SECTION 12-9 REGARDING THE MINIMUM SIZE OF
UNITS, AND REQUIREMENTS FOUND IN THE MIAMI BEACH PROPERTY
MAINTENANCE STANDARDS AND SOUTH FLORIDA BUILDING CODE;
CREATING SECTION 12-6 REGARDING THE RENOVATION OF
NON-CONFORMING BUILDINGS; PROVIDING FOR INCLUSION IN THE
ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH
FLORIDA;
SECTION 1: That Section 12 of the Ordinance No. 1891 is hereby amended to read as
follows:
SECTION 12
NON-CONFORMING BUILDINGS AND USES
12-1 Non-conforming Use of Land.
A. In any district where open land is being used as a non-conforming use, and such
use is the main use and not accessory to the main use conducted in a building,
such use shall be discontinued not later than two (2) years from the date of
passage of this Ordinance. During the two (2) year period, such non-conforming
use shall not be extended or enlarged either on the same or adjoining property.
Any building incident and subordinate to such use of land shall be removed at the
end of the two (2) year period or, if such building is so constructed as to permit
the issuance of a permit for a use not excluded from the district, such building
may remain as a conforming use; thereafter, both land and building shall be used
only as conforming uses.
1. A use approved as a Conditional Use shall be considered a conforming use
se as long as the conditions of the approval are met.
4. 2/2?,f"
12-2 Non-conforming Signs.
A. Non-conforming signs shall be removed as provided in Section 36-13.1 (roof signs)
of the City Code and Section 11-1 L, Signs of this Ordinance. No permits for
additional signs shall be issued for any premises on which there are any non-
conforming signs.
12-3 Non-conforming Use of Buildings.
A. Except as otherwise provided herein, the lawful use of a building existing at the
effective date of this Ordinance may be continued, although such use does not
conform to the provisions hereof. 44 Re structural alterations are madeT a ReA-
eeRfeFmiRg use ef a building may be changed te aRether Rea-eeRferm+Rg use ef
the same er ef a mere restricted cfascificatieRT Whenever a non-conforming use
has been changed te a mere restricted use AC to a conforming use, the
non-conforming sada use shall not be permitted at a latter date. thereafter be
changed te a fess restricted user A non-conforming use shall not be permitted to
change to any use other than one permitted in the Zoning District.
B. A non-conforming use of a building shall not be permitted to extend throughout
parts of a building which are presently non-conforming or to portions which were
lawfully, used, arranged or designed feF such use at the time ef passage ef these
regu4atieRs at the effective date of this zoning ordinance.
12-4 Discontinuance of Non-conforming Uses.
A. No building, structure, equipment, fixtures or land, or portion thereof, used in
whole or in part, for a non-conforming use which remains idle or unused for a
continuous period of six (6) months, or for eighteen (18) months during any three
(3) year period whether or not the equipment or fixtures are removed, shall again
be used, except in conformity with the regulations of the district in which such
building or land is located.
12-5 Destruction of Non-conforming Buildings and Uses.
A. Ne If a building wl4elh has been or use is damaged by any cause whatevef to the
extent of more than fifty (50%) percent of the County tax-assessed value of the
buildings it shall not be restored except in conformity with the regulations
contained in this Ordinance and all rights as a non-conforming building or use are
terminated. If a building is damaged by less than fifty (50%) percent of the tax-
assessed value, it may be repaired and used as before the time of damage,
provided 1) that such repairs or reconstruction be substantially completed within
twelve (12) months of the date of such damage, 2) that such repairs or
reconstruction in the damaged portion of the building shall meet the
requirements of the Miami Beach Property Maintenance Standards and the South
Florida Building Code, and 3) No damaged and subsequently repaired unit shall
contain less than the minimum required floor area as listed in the respective
Zoning District.
s
B. If a non-conforming building has been cited by the Dade County Unsafe
Structures Board, the owners shall bring the structure into conformance with the
applicable codes within the time period specified by said Board. With regard to
multiple family residential buildings, all of the units shall meet the minimum
gross floor area as setforth in the respective zoning district. If it is not brought
into compliance within said time period, the building shall not again be used
except in compliance with the Zoning Ordinance.
C. Non-conforming buildings and uses in the Performance Standard (PS) Districts
shall conform to Section 23-5D of this Ordinance in addition to the regulations
contained in Section 12.
12-6 Renovation of Non-Conforming Buildings.
A. With exception of work permitted in Sections 12-5 and 12-6, no building permit
shall be issued for the repair or rehabilitation of an existing non-conforming
building or use where the cost of such work is equal to or greater than fifty
percent (50%) of the assessed valuation of the structure or fifty (50%) percent of
the replacement value as determined by the Dade County Tax Appraisor,
whichever is greater.
B. When such work is permitted, the structure shall meet all applicable standards of
the Miami Beach Property Maintenance Standards and the South Florida Building
Code as determined by an on-site inspection. With regard to multiple family
residential buildings, units in which renovation work is occurring shall have a
minimum gross floor area as setforth in the respective zoning district.
12-7 The casual, intermittent, temporary, or illegal use of land or buildings shall not be
sufficient to establish the existence of a non-conforming use and the existence of non-
conforming use on a part of a lot or tract shall not be construed to establish a non-
conforming use on the entire lot or tract.
12-8 Existence of a Non-conforming Use or Building.
A. The Director of cede ERfeF€emeot the Development Services Department shall
make an initial determination of as to the existence of a non-conforming use or
building and in so doing may make use of affidavits and investigation in addition
to the historical data presented on to the City's building card as may be
deteFm4Red Re€essacy.
The question as to whether a non-conforming use or building exists shall be a
question of fact and in case of doubt or challenge raised to the initial determina-
tion made, the question shall be decided by the Board of Adjustment after public
notice and hearing and in accordance with the rules of the Board.
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12-9 Building Non-conforming in Height, Density, Parking, Floor Area Ratio AFeaT or Bulk.
A. A building non-conforming only as to height, density, parking, floor area ratio
afea; yards, or bulk requirements shall not may be altered or extended, unless
such pFevided st eh alteration or extension dees Ret iee*ease decreases the
degree of non-conformity, but in no instance shall the floor area of any unit
which is being altered or extended be less than as setforth in the respective
zoning district.
SECTION 2. INCLUSION IN ZONING ORDINANCE NO. 1891
It is the intention of the City Commission, and it is hereby ordained that the provision of
this Ordinance shall become and be made a part of the City of Miami Beach Zoning
Ordinance No. 1891 as amended; that the Sections of this Ordinance may be renumbered or
relettered to accomplish such intention; and that the word "Ordinance" may be changed to
"Section" or another appropriate word.
SECTION 3. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 4. SEVERABILITY. If any section, sub-section, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such hold shall not affect the validity of the remaining portions of this
Ordinance.
SECTION 5: EFFECTIVE DATE
This Ordinance shall take effect ten (10) days after adoption, on
August 3 , 1985.
PASSED AND ADOPTED THIS 24th day of July , 1985
1
VICE MAYOR
ATTEST:
)1? 611-1-1
CITY CLERK
1st Reading - July 10, 1985 ' 7
2nd Reading - July 24, 1985 FORA APPR & q
JK:bss LEGAL DEPARJMET
5/24/85 Ecuvar
7/1/85 - 15--�5�
7/16/85
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