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HomeMy WebLinkAboutBack-Up from Law Dept11/4/2020 Print 1.2 DEFINITIONS OF TERMS This section provides definitions for terms in this Code that are technical in nature or that might not be otherwise reflect a common usage of the word. If a term is not defined in this Article, then the Zoning Administrator shall determine the correct definition of the term. Abutting: To reach or touch; to touch at the end or be contiguous with; join at a border or boundary; terminate on. Abutting properties include properties across a street or alley. Accessory Unit: See Ancillary Unit, in Section 1.1, Residential Use. Accessory Structure: An Accessory Structure is a Structure customarily incidental and subordinate to the Principal Structure and, unless otherwise specifically provided, located on the same premises. "On the same premises" shall be construed as meaning on the same Lot or on a contiguous Lot in the same ownership. Where a Building is attached to the Principal Building, it shall be considered part thereof, and not an Accessory Structure. Adaptive Use: Rehabilitation or renovation of existing Building(s) for any Use(s) other than the present Use. Adult: An adult is a person eighteen (18) years of age or older. Adult Daycare: Afacility which provides limited supervision and basic services on a part-time basis by day or evening, but not overnight, to three (3) or more adults other than the family/employee occupying the premises. The term does not include community residential homes, nursing home facilities or institutions for the aged. See Section 1.1 (Civil Support, Community Support Facility) and Article 6. Affordable / Workforce Housing: Housing priced up to 120% of the area median income as certified by the City's Community Development Department. Affordable Housing: Affordable Housing shall mean a Dwelling Unit, owner -occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is at or below 60 percent of Area Median Income as published by the United States Department of Housing and Urban Development and certified by the Department of Community and Economic Development. Albedo: The ratio of light reflected by a surface. Alcohol Service Establishment: A place of business selling alcoholic beverages for consumption on the premises as a principal use. Alcohol service establishments may include, but are not limited to: bars, taverns, cocktail lounges, nightclubs or supper clubs. 1 /27 ffiVEPAIM Print Allee: A regularly spaced and aligned row of trees usually planted along a Thoroughfare or Pedestrian Passage. Alley: A Thoroughfare (not officially designated as a street) designated by a recorded plat, deed, or legal instrument, to be a secondary means of vehicular access to the rear or side of properties otherwise Abutting a street; an Alley may connect to a vehicular driveway located to the rear of Lots providing access to outbuildings, service areas and parking, and containing utility Easements. Alterations, Structural: Structural alterations are any change, removal, replacement, reinforcement or addition of beams, ceiling and floor joists, reinforced concrete floor slabs (except those on fill), load bearing partitions, columns, exterior walls, stairways, roofs, corridors or other structural materials used in a Building that support the said beams, ceiling and floorjoists, load bearing partitions, columns, exterior walls, stairways, roofs, or structural materials used in the Building or Structure. The term is applicable to any Building or Structure or any part thereof, whether or not permanent or temporary shoring is used during construction and whether or not additions to or rebuilding of the major portion of an existing building are being accomplished. Ambulance Service: A facility which provides emergency medical transportation or paramedical emergency or trauma care en route to an extended care or medical facility. See Section 1.1 (Civil Support, Major Facility). Amusement Ride: See Section 1.1, Commercial Use. Animal Clinic: A facility which provides medical and surgical care for sick animals, including overnight boarding, and may include overnight boarding for seven (7) or less healthy animals, all within a completely enclosed building. See Section 1.1 (Commercial, General Commercial). Animal Kennel: Afacility which provides boarding services for eight (8) or more animals. See Section 1.1 (Industrial, Products and Services). Antennas, miscellaneous: Any roof -mounted Structure intended for the transmission or reception of radar, radio, television, or telephone communications, excluding traditional single-family residential television antennas, amateur radio antennas, satellite earth stations and microwave antennas. Arcade: A covered pedestrian way within a building or along the side of a Building at the first floor, which may provide access to shops along one (1) or more sides. See Article 4, Table 6. Architectural Features: Prominent or significant parts or elements of a Building or Structure. Architectural Style: The characteristic form and detail of Buildings from a particular historical period or school of architecture. 2/27 ffiVEPAIM Print Atlas, Miami 21: The atlas adopted under the Miami 21 Code. Atrium: An indoor, roofed space whose height exceeds one Story and which does not contain a Function or Use and is utilized primarily as a circulation or informal gathering space serving all occupants of the Building. Attainable Mixed -Income Housing: Attainable Mixed -Income Housing shall mean a development comprised of Extremely Low Income Housing, Affordable Housing, and Workforce Housing; and may be subject to Density bonuses. Attainable Workforce Housing: Attainable Workforce Housing shall mean a Development comprised of Workforce Housing, servicing multiple income ranges between 60% of the Area Median Income and 140% of the Area Median Income, as described in Section 3.16 of this Code. Auto -Related Commercial Establishment: See Section 1.1. Commercial Use Auto -Related Industrial Establishment: See Section 1.1, Industrial Use Average Sidewalk Elevation: The average of the record profile grade elevation of each of the streets Abutting a development, as determined and on file with the City of Miami Public Works Department. Awning: A movable roof -like Structure, cantilevered or otherwise entirely supported from a Building, used to shade or screen windows or doors. Backbuilding: A single -story Structure with a maximum width of twelve (12) feet connecting a Principal Building to an Outbuilding. See Article 4, Table 8, Diagram C. Balcony: An unenclosed habitable Structure cantilevered from a Facade or Building Elevation. Base Building Line: The officially mapped street lines. Lines so established may fall within the boundaries of Lots and shall be used instead of the Lot lines adjacent to the streets in determining the Layers and Setbacks. Base Flood Elevation (BFE): The elevation of surface water resulting from a flood that has a one percent (1%) chance of equaling or exceeding that level in any given year as determined by FEMA. The BFE is shown on the FEMA Flood Insurance Rate Map (FIRM). Bed and Breakfast: See Section 1.1, Lodging Use. Bicycle Lane: A lane dedicated for bicycle use demarcated by striping or otherwise separated from vehicle lanes. 3/27 ffiVEPAIM Print Bicycle Rack Space: Parking space for any two wheel alternative mode of transportation including: bicycle, scooter, motorcycle, Segwayg, etc. Bicycle Route: AThoroughfare designated for shared use of bicycles and automobiles. Bicycle Shed: An area, approximately circular, that is centered on a common destination, reachable by bicycle. A Bicycle Shed for purposes of connecting to transit and mapping a Transit Oriented Development ("TOD") is a five (5) minute ride at a leisurely pace. The area of the Bicycle Shed is dependent on the type and connectedness of barrier -free bicycle routes available. Five -minutes of travel is equivalent to one-half (1/2) mile when no dedicated space for bicycles are available; three-quarter (3/4) mile when improvements like bicycle lanes or shared -use paths are available; and one (1) mile when premium facilities like linear parks, the Riverwalk, Baywalk, or separated lanes are available for travel. The City's Bicycle Master Plan further identifies types of bicycle facilities. The outline of the Bicycle Shed must be refined according to actual site conditions and is subject to change as additional bicycle facilities are added. (Sometimes referred to as "Bikeshed"). Block: The aggregate of private Lots, passages, rear lanes and Alleys, the perimeter of which abuts Thoroughfares. Block Face: The aggregate of all the Building Facades on one side of a block. The Block Face provides the context for establishing architectural harmony. Botanical Garden:Agarden of collected growing plants established for the benefit of the Public to serve as an educational, recreational or scientific center. Bonus Capacity: The additional Building Capacity awarded for participation in the Public Benefits Program, as defined in Article 3, Section 3.14. Brownfield: An area having been used primarily as an industrial or commercial site with perceived or actual presence of environmentally hazardous substance. Buffer: An area of land, including landscaping, berms, walls, Fences, and Building Setbacks, which is located between land Uses of different characters and is intended to mitigate negative impacts of the one intense Use on a residential or vacant parcel. Buildable Area: The portion of a Lot remaining after required Setbacks have been provided. Buildings may be placed in any part of the Buildable area, but limitations on percent of the Lot which may be covered by Buildings may require Open Space within the buildable area. Building: Any Structure having a solid roof intended for shelter or enclosing of persons, animals, chattels, property, equipment or a process of any kind or nature, excluding freestanding tents, freestanding 4/27 11/4/2020 Print awnings, and cabanas and screened enclosures. Building Capacity: See Floor Area. Building Code: The State of Florida Building Code. Building Configuration: The form of a Building, based on its massing, Private Frontage, and Height. Building Disposition: The placement of a Building on its Lot. Building Function: The Uses accommodated by a Building and its Lot. Functions are categorized as Restricted, Limited, or Open, according to the Intensity of the Use. Building Height: The vertical extent of a Building measured in Stories. Building Permit: The permit required for new construction and additions pursuant to the City Code. Build -to line: A line established within a given Lot indicating where the outer edge of a Structure must be located. By Right: A use allowed pursuant to zoning review and approval of a Building Permit or issuance of a Certificate of Use under Article 7, Section 7.1.2.1. Permitted Uses. Canopy: Afixed-roofed Structure which provides shade or protection and is in whole or in part self- supporting with open sides. Capacity: See Floor Area. Car Shelter: AStructure made of canvas, aluminum, or similar materials, or any combination thereof, on movable framing for the shade and shelter of one (1) or two (2) private passenger vehicles. Carport: A portion of a Principal residential Building or a Building accessory to a residential Use designed to be used for shelter of motor vehicles, unenclosed at the vehicular entry side and for an area at least equal to twenty percent (20%) of the area of the outer surface of walls, which might otherwise be constructed along its entire remaining perimeter. Where enclosure exceeds this amount, the shelter shall be construed to be a garage. Certificate of Occupancy: As defined by the Florida Building Code. Certificate of Use: An official City document verifying that a particular Use is in compliance with applicable sections of this Miami 21 Code pursuant to the requirements of Article IV, Section 2-207 of the City Code and Section 7.1.2.1 of this Code. 5/27 11/4/2020 Print City: The City of Miami, Florida. City Code: The Code of Ordinances of the City of Miami. City Commission: The City Commission of the City of Miami. Civic: Uses held in private or public ownership but functioning for community purposes such as religious, cultural, environmental, or educational uses. See Section 1.1. Civic Building:A Building designed specifically for a Civic Function. Civic Institution (Cl): Azone with uses primarily dedicated to Functioning for community purposes such as, cultural, educational, environmental, governmental, public transit, public parking and religious facilities. See Section 1.1. Civic Space (CS): Azone with mainly outdoor area dedicated for functioning for community purposes. Civic Space Types: Open Space defined by the combination of certain physical constants including the relationship between their intended Use, their size, their landscaping and their enfronting Buildings. See Article 4, Table 7. Civic Zone: See Article 4, Table 1 Civil Support Uses: See Section 1.1 Code: The Miami 21 Code. May also be referred to herein as this Code. College / University: See Section 1.1, Education Use Commercial Storage Facility: Afacility providing for the storage of office furnishings, archive records and general personal property of businesses, agencies and professionals. Such personal property is limited to furniture and other household goods and retail merchandise to be sold at nearby establishments. Storage of heavy equipment or any property that may be deemed hazardous, such as property which is inflammable, combustible, explosive or dangerous is prohibited. See Section 1.1 (Commercial, Storage and Distribution). Commercial Vehicle: A Commercial Vehicle is any vehicle designed, intended or used for transportation of people, goods, or things, not including private passenger vehicles and trailers for private nonprofit transport of goods or boats. Common Lawn: See Article 4, Table 7. 6/27 11/4/2020 Print Community Facility: See Section 1.1, Civic Use. Community Garden: A grouping of garden plots available for small-scale cultivation, generally to residents of apartments and other dwelling types without private gardens. Community gardens should accommodate individual storage sheds. Community Residence: See Section 1.1, Residential Use. Community Support Facility: See Section 1.1, Civil Support Use. Comprehensive Plan: The Miami Comprehensive Neighborhood Plan. Configuration: The form of a building based on its massing, Private Frontage and Height. Construction, Actual: The placing of construction materials in a permanent position and fastened in a permanent manner; except that, where demolition, excavation, or removal of an existing Structure has been substantially begun preparatory to new construction, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be Continuously carried on without interruption, except for just cause, until the completion of the new construction involved. Content, Adult: see Adult Entertainment; Specified Anatomical Areas; Specified Sexual Activities; see Section 1.1 Commercial Use. Context: Surroundings made up of the particular combination of elements that create specific character in the area. Continuously: As defined with reference to Actual Construction defined herein, continuously shall mean that work is underway for at least fifty percent (50%) of the working days (Monday through Friday, national holidays excluded) since construction began. See also Construction, Actual. Cool Roof: A roof that reflects the sun's heat and emits absorbed radiation back into the atmosphere. Corridor: A lineal geographic system incorporating transportation or Greenways. Courtyard: Open Space, partially defined by walls or Buildings as regulated by this Code. See Article 4, Table 7. CPTED: Crime Prevention through Environmental Design. Crew Quarters: Accommodations designed and outfitted to accommodate on a non -permanent basis the crew of vessels being serviced or temporarily stored at established Marinas or Marine Related Industrial Establishments allowed, in an incidental capacity, on the same property where the primary use which 7/27 ffiVEPAIM Print they support is established. Crew Quarters' facilities shall be commensurate to the facilities they serve. See Article 6. Curb: The edge of the vehicular pavement detailed as a raised concrete or stone element, or flush with a swale. Density: The number of Dwelling Units within a standard measure of land area, usually given as units per acre. Design Speed: The velocity at which a Thoroughfare is designed for vehicular use. Development: Development shall have the meaning given it in section 380.04, Florida Statutes. Development Capacity: see Floor Area. Director: Unless otherwise specified, the term "Director" shall mean the Director of the Department of Planning for the City. Disposition: The placement of a Building on its Lot. See Article 4, Table 8. District (D):Azone intended to accommodate Uses which because of their specialized performance, Scale or impact should not be incorporated into the Neighborhood structure. Dock: See Pier. Dormitory: See Section 1.1, Residential Use. Drive -through / Drive-in Facility: A place of business including drive -through banks or teller windows, drive -through eating and drinking establishments, drive -through windows at liquor or other stores, or at laundry and dry cleaning agencies, car washes, and similar facilities, but excludes automotive service stations. See Article 6. Driveway: A vehicular lane within a Lot, usually leading to a garage or carport. A Driveway in the First Layer may be used for parking if it is less than the width allowed in the applicable transect, above which dimension it becomes subject to the constraints of a parking lot. Dwelling Unit: Residence of a single housekeeping unit. See Article 6. Easement: A legal instrument, in a form approved by the City Attorney and recorded in the county records, that allows access through real property of the conveyor. Educational Use: See Section 1.1. 8/27 11/4/2020 Print Elementary School: See Section 1.1, Educational Use. Elevation, Building: An exterior wall of a Building not along a Frontage Line (See Facade). Elevation, Floor: Height of floor level. Eligible Historic Resource: Archeological sites, individual historic resources, contributing Buildings within a historic district, as qualified under Chapter 23 of the City Code. Employment Office:A place of business, other than a hiring hall or labor pool, offering individual job recruitment by specification of job qualifications and conduct of individual interviews by placement specialists onsite to meet those job specifications. See Section 1.1 (Commercial, General Commercial). Encroachment: Building element permissible within required Setback. Enfront: To place an element along a Frontage Line, as in "Porches enfront the street." Entertainment Establishment: See Section 1.1, Commercial Use. Entertainment Establishment, Adult: See Section 1.1, Commercial Use. Entrance, Principal: The main point of access of pedestrians into a Building. Established Setback Area: Adefined area wherein the Setbacks provided by the Transect designation are superseded by those originally adopted for a special district under Ordinance 11000, and which continue and are listed in Article 3, Section 3.3.6 of this Miami 21 Code. The boundaries of Established Setback Areas are illustrated on Article 4, Diagram 10. Exception: Permit approved pursuant to the requirements of Article 7. Extended Care Facility or Nursing Home: An institution which is licensed by the State of Florida to provide health care or medical supervision for twenty-four (24) or more consecutive hours for three (3) or more persons not related to the governing authority by blood, marriage or adoption. See Section 1.1 (Civil Support, Community Support Facility) and Article 6. Extensive Green Roof: An area atop a roof surface of a Building surfaced with soil and Florida Friendly Landscaping that are appropriate for South Florida green roof systems, including ground cover, grasses, herbs, and flowering herbaceous plants, which require little or no maintenance and no permanent irrigation system. This area will serve to retain stormwater runoff and to mitigate the Heat Island Effect. The depth of the growing medium shall be a minimum of two (2) inches and a maximum of six (6) inches. 9/27 11/4/2020 Print Extremely Low Income Housing: Extremely Low Income Housing shall mean a Dwelling Unit, owner - occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is at or below 30 percent of Area Median Income as published by the United States Department of Housing and Urban Development and certified by the Department of Community and Economic Development. Facade: The exterior wall of a Building that is set along a Frontage Line. (See Elevation, Building). Family Care Home: Afamily care home is an occupied residence, registered and licensed by the State of Florida, where five (5) or fewer preschool children from more than one (1) unrelated family receive care on a regular part-time basis by day or by night and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. See Section 1.1(Residential, Community Residence) and Article 6. Fence: A permeable metal or wooden wall, independent of a Building, located along a Frontage line. See Article 4, Table 6. FEMA: Federal Emergency Management Agency. Fire Station: A Building housing fire equipment and firefighters. See Section 1.1(Civil Support, Community Support Facility). Flea Market: An Open Area or Building used for occasional or periodic sale of goods by individual sellers for limited periods of time. See Section 1.1(Commercial, Open Air Retail). Floating Structure: A floating barge -like entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water, but serves purposes or provides services typically associated with a Structure or other improvement to real property. The term "Floating Structure" includes, but is not limited to, each entity used as a residence, place of business, office, hotel or motel, restaurant or lounge, clubhouse, meeting facility, storage or parking facility, mining platform, dredge, dragline, or similar facility or entity represented as such. Floating Structures, as defined herein, are expressly excluded from the definition of the term "vessel" provided in section 327.02(27), Florida Statutes (1989), and is also excluded from the definition of "private pleasure craft." Incidental movement upon water shall not, in and of itself, preclude an entity from classification as a Floating Structure. A Floating Structure is expressly included as a type of tangible personal property (from section 192.001 (17), Florida Statutes (1989). See illustration included with Ordinance No. 10932, adopted October 24, 1991. Floorplate: The total indoor and outdoor Floor Area of any given Story of a Building, measured to the exterior of the wall or balcony. 10/27 ffiVEPAIM Print Floor Area: The floor area within the inside perimeter of the outside walls of the Building including hallways, stairs, closets, thickness of walls, columns and other features, and parking and loading areas, and excluding only interior Atria and open air spaces such as exterior corridors, Porches, balconies and roof areas. Also means Building or Development Capacity. Floor Lot Ratio (FLR): The multiplier applied to the Lot Area that determines the maximum Floor Area allowed above grade in a given Transect Zone. Food Service Establishment: See Section 1.1, Commercial Use. Forecourt: See Article 4, Table 6. Frontage: The area between a Building Facade and the vehicular lanes of a Thoroughfare, Mean High waterline of a Waterfront, or Frontage Line of a Civic Space Type. Frontage, Principal: That Frontage facing the public space such as a Thoroughfare of higher pedestrian importance (i.e., traffic volume, number of lanes, etc.). Frontage, Private: The Layer between the Frontage Line and the Principal Building Facade. The Structures and landscaping within the Private Frontage may be held to specific standards regarding the depth of the setback and the combination of architectural elements such as Fences, Stoops, Porches and Galleries. Frontage, Public: The area between the curb of the vehicular lanes and the Frontage Line. Elements of the Public Frontage include the curb, Sidewalk, planter, street tree, streetlight, street furniture, etc. Frontage, Secondary: That Frontage facing the public space such as a Thoroughfare that is of lesser pedestrian importance (i.e., traffic volume, number of lanes, etc.). Frontage Line: Property Line or Base Building Line Abutting a public space, such as a Plaza or Thoroughfare, whether at the front, rear, or side of a Lot. Facades parallel to Frontage Lines define the public realm and are therefore more regulated than the Elevations that coincide with other Lot Lines. Freeboard: The additional height above the Base Flood Elevation at which the lowest finished floor is built. Function: The land Use allowed on property according to this Code. Funeral Home: Afacility licensed by the state and containing suitable storage room for the dead including embalming facilities, and may also provide rooms for the display of the dead or ceremonies connected with burial or cremation. See Section 1.1 (General Commercial). 11 /27 ffiVEPAIM Print Gallery: A covered pedestrian area adjoining the side of a Building on any floor, which may provide access along one or more sides. See Article 4, Table 7. Garden: See Article 4, Table 7. General Commercial: See Section 1.1, Commercial Use. General Urban Zone: See Article 4, Table 1. Government Maintenance Facilities: Building, land, or Structure designed and intended to be used in the routine upkeep and repair of government owned or leased equipment. See Section 1.1 (Civil Support, Products and Services). Green: See Article 4, Table 7. Green Corridor: See Greenway. Green Space: An Open Space outdoors, at grade, unroofed, landscaped and free of impervious surfaces. See Article 4, Table 7. Greenway: An Open Space Corridor in largely natural condition which may include paths for bicycles and pedestrians. Habitable Rooms: Rooms designed and used for living, sleeping, eating, cooking, or working or combinations thereof. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry and utility spaces, basement recreation rooms, and similar areas are not considered Habitable Rooms. Habitable Space: Building space which Use involves human presence with direct view of the enfronting streets or public or private Open Space, excluding Parking Garages, self-service storage facilities, warehouses, and display windows separated from retail activity. Hardscape: The nonliving portions of a building's landscaping, such as roads, sidewalks, courtyards and parking lots. Heat Island Effect: An elevated temperature in an urban area when compared to rural areas, typically caused by the increased presence of dark, heat absorbing materials, such as asphalt and dark roofs, in urban areas. Height: See Building Height. Hiring Hall / Labor Pool: A place of business providing employment services for laborers. Such services generally involve short term hiring of unskilled manual help, with little or no qualifications required, or the 12/27 ffiVEPAIM Print need of individual interviews by placement specialists. See Section 1.1 (Industrial, Products and Services). Historic Preservation Ordinance: An Ordinance codified in Chapter 23 of the City Code dedicated to the preservation of the City of Miami's Historic Property and historic resources as a significant goal in the City's overall vision for its future. Historic Property: See Eligible Historic Resource. Home Occupation: See Home Office. Home Office: See Section 1.1, Residential Use. Hospital: An institution having an appropriate license or certificate of need issued by the State of Florida and providing primary health, medical, or surgical care to persons suffering from illness, disease, injury, deformity or abnormal mental conditions; and may include related accessory facilities such as laboratories, outpatient or training facilities. See Section 1.1 (Civil Support, Major Facilities). Hotel: See Section 1.1, Lodging Use. House Barge / Houseboat: A Floating Structure used as a residence. Avessel, a private pleasure craft, consisting of a hull and superstructure supported in the water by integral flotation devices, not suitable for rough water, and designed and manufactured to be self-propelled. See Article 6. Housing for the Elderly: Housing development for residents aged fifty-five (55) and over. Industrial Use: See Section 1.1. Infill: A development project within existing urban fabric, on a vacant site within a built-up area. Infrastructure and Utilities: See Section 1.1, Civil Support. Inn: See Section 1.1, Lodging Use. Inside Turning Radius: The curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. Intensity: The magnitude of development measured by Floor Lot Ratio permitted in the Restricted, Limited and Open categories of a Transect Zone. Intensive Green Roof: An area atop a roof surface of a Building surfaced with soil and a variety of Florida -Friendly plants that are appropriate for South Florida green roof systems, including herbaceous 13/27 11/4/2020 Print plants and shrubs, and small trees, which require professional maintenance and an advanced green roof irrigation system. This area will serve the purpose of retaining stormwater runoff and mitigating the Heat Island Effect. The depth of the growing medium shall be a minimum of six (6) inches. Rooftop farms, urban roof farms or vegetable farms on roofs are considered Intensive Green Roofs, requiring higher nutrient applications and focused maintenance. Rooftop farming areas of an Intensive Green Roof must be planted with appropriate plan material during non -farming periods. Jail / Detention Facilities: A Building designated by law or regularly used for the confinement of persons held in lawful custody. See Section 1.1 (Civil Support, Major Facility). Large Scale Commercial: A commercial business occupying more than 55,000 square feet of Floor Area with a regional market area, including but not limited to retail or wholesale sales, membership warehouse clubs, discount stores and department stores. See Article 6. Laundry / Dry Cleaning Plant: An establishment providing washing, dry cleaning, dyeing, pressing, or special similar services, not open to or for the direct use of the general public. See Section 1.1 (Industrial, Products and Services). Layer: A range of depth of a Lot within which certain elements are permitted as regulated in this Code. See Article 4, Table 8, Diagram D. Layer, First: The area of a Lot comprised of the distance between the Base Building Line and the required Setback including the Private Frontage. Layer, Second: That portion of the Lot behind the First Layer which includes that portion of the Building which Enfronts the Thoroughfare. Layer, Third: That portion of the Lot that is not within the First and Second Layer and is least visible from the Thoroughfare. Learning Center: See Section 1.1, Educational Use. LEED: Leadership in Energy and Environmental Design. Legacy Structure: An existing Structure within an NRD area which is maintained or re -purposed by the property owner that contributes to the character of the District. The Structure must maintain its physical integrity so that it sufficiently conveys its original character, possess integrity of design, setting, material, workmanship, feeling and association, and meets specific criteria of the District. Light Court: See Article 4, Table 6. 14/27 11/4/2020 Print Liner: A Building or part of a Building with Habitable Space specifically designed to enfront a public space, masking a function without capacity to monitor public space, such as a parking lot, Parking Garage or storage facility. Live -Work: See Section 1.1, Residential Uses Loading Space: An area in which goods and products are moved on and off a vehicle, including the stall or berth and the apron or maneuvering room incidental thereto. Lodging Use: See Section 1.1 Lodging Unit: Attached or semidetached living quarters comprised of furnished room(s) of approximately two hundred (200) gross square feet or more in area, including sanitary facilities but with only limited kitchen facilities, if any; not qualifying as a Dwelling Unit or efficiency apartment; occupied by transients on a rental or lease basis for limited periods of time. Lot:A Lot is any individual Lot, tract or parcel of land, intended as a single Building site or unit, having an assigned number or numbers, letter or letters, or other name through which it may be identified for development purposes. A Lot may also be any combination of Lots, tracts, parcels or other areas of land established by acceptable legal joinder, delineated by a closed boundary and assigned a number, letter or other name through which it may be identified, intended as a single unit for development purposes. Lot Area: Lot area shall be the area within the Lot Property Lines, excluding any portions of street rights - of -way or other required dedications. Lot, Conforming: A parcel of land meeting the requirements of this Code as to dimensions (width, depth, or area) and access. Lot, Corner: A Lot or parcel of land Abutting two (2) or more Thoroughfares at their intersection, or two (2) parts of the same Thoroughfare forming an interior angle of less than one hundred thirty-five (135) degrees. Lot Coverage: The area of the Lot occupied by all Buildings, excluding Structures such as decks, pools, and trellises. Lot, Interior: A Lot Abutting only one (1) Thoroughfare. Lot, Nonconforming: A parcel of land with dimensions or access not meeting minimum requirements of this Code. See Article 7, Section 7.2.1. 15/27 ffiVEPAIM Print Lot, Through: A Lot other than a Corner Lot, and with Frontage on more than one (1) Thoroughfare; Alleys shall not be considered for purposes of this definition. Lot Line: The boundary that legally and geometrically demarcates a Lot. Lot Width: The length of the narrowest dimension Frontage Line of a Lot. Low Income Housing: As established by the City's Community Development Department. Major Facility: See Section 1.1, Civil Support Use. Major Recreational Equipment: Vehicles including travel trailers, pickup campers, converted trucks or buses, motorized homes, tent campers, tents, or other short-term housing or shelter arrangements and devices, boats and boat trailers, combinations thereof, and other similar equipment, and trailers, cases, and boxes for transporting recreational equipment, whether occupied by such equipment or not. Manufacturing and Processing: See Section 1.1, Industrial Use. Marina: See Section 1.1, Civil Support Use. Marine -related Industrial Facility: See Section 1.1, Industrial Use. Marine -related Commercial Establishment: See Section 1.1, Commercial Use. Market Rate Housing: As established by the City's Community Development Department. Microbrewery: An establishment that is primarily a manufacturing facility, where beer is produced for wider distribution and consumption on premises, with a maximum production of 15,000 barrels of beer per year. The establishment shall include retail sales, a tasting room, and/or a restaurant where beer manufactured onsite is served. See Article 6. Micro Dwelling Unit: An small Multi -Family Residential Dwelling Unit type that shall include sanitary facilities and kitchen facilities. See Article 6. Table 13. Middle / High -School: See Section 1.1, Educational Use. Minor Accessories: An optional part fitted to perform an additional function or enhance performance. For Recreational Watercraft these include masts, antennae vent stacks and windshields. Mitigation: Measures taken to eliminate, minimize, or compensate for damages from development activity. 16/27 11/4/2020 Print Multi -Family Housing: See Section 1.1, Residential Use. Natural Features: Physical characteristics of a property that are not man made. Natural Zone or T1 Zone: See Article 4, Table 1. Navigable Waterway: The navigable part of a waterway, centrally located with respect to the theoretical axis of the waterway (or the axis of the improved channel of the Miami River) which provides a throughway or access aisle for manned vessels. Neighborhood: An urbanized area that is primarily Residential. A Neighborhood shall be based upon a partial or entire Standard Pedestrian Shed. The physical center of the Neighborhood should be located at an important traffic intersection associated with a Civic or Commercial use. Neighborhood Conservation District (NCD): Azoning overlay district. See Section 3.12. Neighborhood Revitalization District (NRD): An overlay zoning district. See Article 3, Section 3.12.3. NET: City of Miami's Neighborhood Enhancement Team. Nonconforming Lot: See Article 7, Section 7.2.1. Nonconforming Site Improvements: See Article 7, Section 7.2.1. Nonconforming Structure: See Article 7, Section 7.2.1. Nonconforming Use: See Article 7, Section 7.2.1. Nursing Home or Extended Care Facility: An institution which is licensed by the State of Florida to provide health care or medical supervision for twenty-four (24) or more consecutive hours for three (3) or more persons not related to the governing authority by blood, marriage or adoption. See Section 1.1 (Civil Support, Community Support Facility) and Article 6. Office: See Section 1.1, Office Use. Office Use: See Section 1.1. Open Air Retail: See Section 1.1, Commercial Use. Open Space: Any parcel or area of land or water essentially unimproved by permanent Buildings and open to the sky, excluding open parking areas; such space shall be reserved for public or private Use. 17/27 ffiVEPAIM Print Open Spaces may include Parks, Greens, Squares, Courtyards, Gardens, Playgrounds, Paseos (when designed predominantly for pedestrians), and pedestrian paths or associated landscaped areas. Outbuilding: A Building, usually located towards the rear of the same Lot as a Principal Building. It is sometimes connected to the Principal Building by a Backbuilding. Park: Atract of land designated and used by the public for active and passive recreation. See Article 4, Table 7. Also known as Public Park. Parking Area: Any area designed and used for parking motor vehicles including parking lots and garages, driveways, garages serving residential Uses, and Thoroughfares. Parking Garage or Parking Structure: A Structure containing vehicular parking, including mechanical parking systems. Parking, Off -site: Spaces provided for vehicles and located outside of the boundaries of the Lots to be served. Parking, Off-street: Any land area designed and used for parking motor vehicles including parking lots and garages, driveways and garages serving residential uses, but excluding areas of Thoroughfares. See Articles 3 and 4. Parking, Tandem: The placement of vehicles one behind the other as opposed to side by side. Parking, Underground: Parking in which the ceiling or roof of the top level does not rise above any adjoining public Sidewalk. Paseo: An access way limited to pedestrian use connecting streets, plazas, alleys, garages and other existing and future public spaces abutting a property. A Paseo shall have a clear path of a miminum of ten (10) feet in width that is restricted to pedestrian use and lined with active uses having frequent doors and windows. A Paseo may be roofed above the first floor for (100%) of its length, but any roof portion of Paseo shall not be counted as Open Space. Pawnshop: Establishments which provide loans upon delivery of personal goods or other chattel as security and sell those same items as a secondhand retail service. See Section 1.1 (Industrial, Products and Services). Pedestal: In T6 Zones, that portion of a Building up to the eighth Story. Also known as podium. Pedestrian Orientation: The characteristics of an area where the location and access to Buildings, types of Uses permitted on the street level, and storefront design relate to the needs of persons traveling on 18/27 11/4/2020 Print foot. Pedestrian Passage: An Open Space connecting other public spaces, that is restricted to pedestrian use and limited vehicular access that connects Thoroughfares, Plazas, Alleys, Garages and other public use spaces, Pedestrian Passage shall have frequent doors and windows. Pedestrian Shed: An area, approximately circular, that is centered on a common destination. A Pedestrian Shed is applied to determine the approximate size of a Neighborhood. A Standard Pedestrian Shed is a barrier -free area interconnected by sidewalks and crosswalks with a one -quarter (1/4) mile travel distance from the common destination. This is about the distance of a five-minute walk at a leisurely pace. A Linear Pedestrian Shed is elongated to follow a commercial corridor, measuring one -quarter mile out from the center line of the corridor. It has been shown that provided with a pedestrian environment, most people will walk this distance rather than drive. The outline of the shed must be refined according to actual site conditions, particularly along Thoroughfares. The common destination should have the present or future capacity to accommodate Transect Zones successional in Density to its surroundings. (Sometimes called a "walkshed" or "walkable catchment"). Personal Wireless Service Facility (PWSF): Afacility for the provision of personal wireless services, as defined by the Federal Telecommunications Act of 1996. A PWSF is any facility for the transmission or reception of personal wireless services, which may consist of an antenna array, transmission cables, equipment shelter or Building, access road, mount, and a guy system. Such facilities may include "monopole" or "lattice tower (tower)" Structures. See Section 1.1, (Civil Support, Infrastructure and Utilities), and Article 6. Pervious Pavement System: A porous surface system with a stabilized base that allows water from precipitation and other sources to pass directly through, thereby reducing the runoff from a site, allowing groundwater recharge, and naturally cooling the surface through evaporation of water from pavement voids or from beneath. Pharmaceutical Laboratories: Pharmaceutical laboratories are facilities equipped and intended for the testing of pharmaceutical products, particularly their effects on the human body. Such research primarily entails the evaluation of the absorption, elimination, bioavailability and pharmacodynamics of medications administered to research participants. Due to the standard protocols associated with such research, test subjects must remain on -site for prolonged periods including overnight stays. See Section 1.1 (Industrial, Products and Services). Pier: A platform extending from shore over water used to secure and protect vessels or allow pedestrian access to extend over water. See Article 6. Place of Assembly: See Section 1.1, Commercial Use. 19/27 ffiVEPAIM Print Planter: The element of the public streetscape which accommodates street trees. Planters may be continuous or individual and separated. Playground: See Article 4, Table 7. Plaza: See Article 4, Table 7. Porch: An open air room appended to a Building, with floor and roof but no walls on the sides facing Frontages. Porte-cochere: See Carport. Pre -School: See Section 1.1, Educational Use. Primary -Secondary Grid: Thoroughfare designations appearing on a plan adopted under this Code or a Special Area Plan. See Article 3, Section 3.9. Principal Building: A Structure used to enclose or house the primary Use(s) located on a Lot; or the main Building on a Lot, usually located toward the front. Principal Dwelling Unit: See Single -Family Residence. Product and Services: See Section 1.1, Industrial Uses. Property Line: Demarcation of private property ownership. Public: Facilities or land owned or operated by a governmental organization. Public Benefits Program: See Article 3, Section 3.14. Public Parking: See Section 1.1, Civil Support Use. Public Storage Facilities: An establishment containing separate, secured self -storage areas or lockers used for the temporary storage of household items and seasonal or recreational vehicles, small boats, trailers etc. These facilities cater primarily to the needs of nearby residents. See Section 1.1 (Commercial, General Commercial) and Article 6. Recreational Establishment: See Section 1.1, Commercial Use. Recreational Facility: See Section 1.1, Civic Use. 20/27 ffiVEPAIM Print Recreational Watercraft: A vessel or craft designed and licensed to move across or through water, designed and outfitted exclusively for recreational use. Religious Facility: See Section 1.1, Civic Use. Research Facility: See Section 1.1, Educational Use. Rescue Mission: See Section 1.1, Civil Support Use. Residential Use: See Section 1.1. Retail Frontage Line: Frontage Lines designated on a Special Area Plan that require the ground level to be available for retail Use. Right -of -Way, Public: That land held in trust by the City between the base building lines, including the sidewalk, swale and parkway area, and the roadway, street and highway. Roof Terrace: An outdoor space accessible to Building occupants that is designed to provide elevated views of the surrounding area. The terrace shall be located beyond the second story of a Building with a minimum size of eight hundred (800) square feet, consisting primarily of Florida Friendly Landscaping and high-albedo pavement, and may include container gardens and rooftop farming. Extensive, Intensive or a combination of Extensive and Intensive Green Roof systems may also be provided as additional landscape. Rowhouse: A Dwelling Unit that shares a party wall with another Dwelling Unit of the same type. Rural Zone or T2 Zone: See Article 4, Table 1. Scale: The spatial relationship among Structures along a street or block front, including height, bulk and yard relationships. Scale also refers to the proportional relationship of the size of parts to one another and to the human figure. Schools: Any public, parochial, private, charitable or non-profit school, college or university, other than trade or business schools, which may include instructional and recreational uses, living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees, including the Educational Uses such as: pre-school, elementary school, middle school, high school, college and university. Screening: Visually shielding or obscuring one Structure or Use from another by a Liner Building, fencing, wall, or densely planted vegetation. 21/27 11/4/2020 Print Secondary Grid: See Primary -Secondary Grid. Setback: The distance from the Base Building Line to the point where a Building may be constructed. This area must be maintained clear of permanent Structures with the exception of encroachments described in each Transect Zone. Shared Parking Standards: An accounting for parking spaces that are available to more than one function. Shopfront: See Article 4, Table 6. Sidewalk: The paved layer of the Public Frontage dedicated exclusively to pedestrian activity. Single -Family Residence: See Section 1.1, Residential Use. Solar Reflectance: The fraction of solar energy reflected by a material. Solid Waste Facility: Facility for the disposition of unwanted or discarded material including garbage with insufficient liquid content to be free flowing. See Section 1.1 (Industrial, Products and Services). Special Area Plan: See Article 3, Section 3.9. Special Flood Hazard Area: The land area, as determined by FEMA and shown on the FEMA Flood Insurance Rate Map (FIRM), covered by the floodwaters of the base flood. Special Training Facility / Vocational: See Section 1.1, Educational Use. Specified Anatomical Areas: Those areas of the human body, less than completely and opaquely covered, which consist of: (a) male and female genitals or pubic region; (b) male or female buttocks, anus, anal cleft, or cleavage; (c) female breast below a point immediately above the top of the areola; or (d) human male genitals in a discernibly turgid state. See Section 1.1 (Commercial, Entertainment Establishment, Adult). Specified Sexual Activities: Those activities which, when described, displayed, exhibited, simulated, or depicted by whatsoever medium in an adult entertainment service establishment: (a) show the human genitals in a state of sexual stimulation, or being aroused to a state of sexual stimulation, (b) show acts of human masturbation, human sexual intercourse, or sodomy; or sexual acts between humans and animals; (c) show one (1) human being fondling or touching erotically the genitals, pubic area, buttock, anus, or female breast of another human being. See Section 1.1 (Commercial Entertainment Establishment, Adult). Square: See Article 4, Table 7. Stall / Berth: The space where vehicles are placed for parking or loading or unloading operations. 22/27 ffiERPAIM Print Stationing: The placing or positioning of a given movable item on a given parcel of land for period of time exceeding 12 hours. Stoop: A small stair, landing or ramp connecting a Building entrance to the Sidewalk. Also See Article 4, Table 6. Storage and Distribution: See Section 1.1, Industrial Use. Story: A level within a Building by which Height is measured. Streetscape: The urban element that establishes the major part of the public realm. The streetscape is composed of Thoroughfares (travel lanes for vehicles and bicycles, parking lanes for cars, and Sidewalks or paths for pedestrians) as well as the amenities of the Public Frontages (street trees and plantings, benches, streetlights, paving, street furniture, etc.), and the visible Private Frontages (Building Facades and Building Elevations, Porches, yards, Fences, etc.). Streetscreen: Afreestanding wall required in certain Transect Zones built along the Frontage Line, or coplanar with the Facade, often for the purpose of masking a parking lot from the Thoroughfare. See Article 4, Table 8. Structure: A Structure is anything constructed or erected, the use of which requires fixed location on the ground or attachment to something having fixed location on the ground or on or below the surface of the ground or water. Sub -Urban Zone or T3 Zone: See Article 4, Table 1. Terminated Vista: A location at the axial conclusion of a Thoroughfare. A Building located at a Terminated Vista designated on a Special Area Plan is required to be designed in response to the axis. Terrace: See Article 4, Table 6. Thoroughfare: Avehicular way incorporating moving lanes and parking lanes within a right-of-way as part of an interconnected network for vehicular, pedestrian, and bicycle mobility. Tower: In T6 Zones that portion of a Building that extends above the Pedestal. Towing Service: Establishment which provides for the removal and temporary storage of vehicles but does not include disposal, permanent disassembly, salvage or accessory storage of inoperable vehicles. Townhouse: See Rowhouse. 23/27 ffiVEPAIM Print Transect: A system of ordering human habitats in a range from the most natural to the most urban. Transect Zones describe the physical character of place at any Scale, according to the Density and Intensity of land use and urbanism. Transect Zone (T-Zone): The identification of areas of varying Density whose character is determined by the requirements for Use, Height, Setback and the form of Building and the form of the enfronting public streetscape. The elements are determined by their location on the Transect scale. The T-Zones are: T1 Natural, T2 Rural, T3 Sub -Urban, T4 Urban General, T5 Urban Center, and T6 Urban Core, CS Civic Space, Cl Civic Institutional, CI -HD Civic Institution - Health District, D1 Work Place, D2 Industrial and D3 Waterfront Industrial. Within T3 through T6 Zones are additional categories, Restricted (R), Limited (L) and Open (0), and each category shall also be considered a T-Zone. Transit Corridor: A designation established by the City involving an area not exceeding a one -quarter (1/4) mile radius from a non -limited access thoroughfare that included designated transit stop locations and is served by one or more mass transit route(s) with designated transit vehicle(s) operating at an average of ten (10) minute or less headway Monday thru Friday between the hours of 7am thru 7pm. Multiple transit routes or types of transit vehicles may be added cumulatively under this definition for the purpose of parking reductions. Transit Facility: See Section 1.1, Civil Support Use. Transit Oriented Development (TOD): A designation established by the City within the Pedestrian Shed or Bicycle Shed area of a convergence of modes of transit, or a train station. Transition Line: A horizontal line spanning the full width of a Facade, expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony. Transmission Towers: Freestanding Structures intended for the support of antennas used in the reception and relay of radar, radio, cellular, television or telephone communications. Travel Trailer / Recreational Vehicle: Avehicular, portable Structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, or vacation purposes. This includes pickup campers, converted trucks, converted buses, converted automobiles, tent or pop -out campers, tents, or other short-term housing or shelter arrangements. Two -Family Residence: See Section 1.1, Residential Use. Type: A category determined by Function, disposition, and configuration, including size or extent, such as Thoroughfare types, Civic Space Types, etc. 24/27 11/4/2020 Print Unity of Title: A written agreement executed by and between a property owner and the City whereby the property owner for a specified consideration by the City agrees that the Lots and or parcels of land constituting the Building site shall not be conveyed, mortgaged and or leased separate and apart from each other and that they shall be held together as one (1) tract. Such Unity of Title shall be recorded in the Public Records of Dade County, Florida and shall run with the land and shall be binding upon the property owner(s), their successors and assigns. See Article 7, Section 7.1.7. A covenant in lieu of Unity of Title is acceptable in situations where a unified lot is required by this Code, but a Unity of Title is not practical due to different ownership. Such covenant must conform to all of the requirements of Article 7, Section 7.1.7.6 of this Code. The terms Unity of Title and covenant in lieu of Unity of Title shall be interchangeable for purposes of this Code. Urban Center Zone or T5 Zone: See Article 4, Table 1. Urban Core Zone or T6 Zone: See Article 4, Table 1. Urban Design: Form, in terms of both beauty and function, of urban areas. Urban design is concerned with the location, mass, and design of various urban components and combines elements of urban planning, architecture, landscape architecture, and traffic engineering. Urban Form: The spatial arrangement of a particular environment, as defined by the connectivity of built mass and form, the natural environment, and the movement of persons, goods and information within. Use: The purpose or activity for which land, water or Buildings are designed, arranged, or intended, or for which land or Buildings are occupied or maintained. USGBC: United States Green Building Council. Variance: Permit approved pursuant to the requirements of Article 7. Vehicle Rental Facility: An establishment where motor vehicles are kept and maintained for lease, where such vehicles are dropped off or picked up and where customers complete all transactions necessary for the short term lease of such vehicles. See Article 6. Verge: The space between the Sidewalk and the Curb. Vessel: Any watercraft, power -driven or not, mobile or stationary, surface, subsurface or hydrofoil, including but not limited to ships, boats, houseboats, air boats, and sea planes, but excluding Floating Structures. Vessel, Commercial: A vessel built, altered, or used for the principal purpose of engaging in water -related commercial activity, including but not limited to charter boats, fishing boats, cruise ships, and freighters. 25/27 11/4/2020 Print Vessel, Private Pleasure Craft: A vessel which is privately owned or leased primarily for recreational purposes. Private pleasure craft do not include commercial, official, or scientific vessels. For regulatory purposes, private pleasure craft are divided into two (2) classes: Minor: Under sixteen (16) feet in length; Major: Sixteen (16) feet and over in length. Private pleasure craft may or may not contain facilities qualifying them Residential Use. Where they do contain such facilities, Use within the City limits shall be governed as provided in this Code and other applicable regulations. View Corridor: An axial view terminating on a natural or historical feature. Visibility, Material impediment to: Any material obstruction to visibility that would result in concealment of a child more than two and one-half (2 1/2) feet in height approaching an intersection, or would conceal an approaching automotive vehicle or cyclist from such a child. In determining whether a material Impediment exists to visibility, the speed, direction, and duration of movement to point of potential collision or contact shall be considered. Visibility Triangle: See Article 4, Table 8. Waiver: Permit approved pursuant to the requirements of Article 7. Warrant: Permit approved pursuant to the requirements of Article 7. Waterbody: Any body of water separated by a salinity dam from Biscayne Bay including, but not limited to, Comfort Canal, Little River, Blue Lagoon, and the like. Properties along a Waterbody have been depicted in Article 3, Diagram 1, titled "Waterways & Waterbodies with Waterfront Properties". Waterfront: The area of a property that fronts a Waterway or Waterbody and is improved to preserve the City's natural shoreline and to guarantee Open Space along the water's edge. Waterway: Biscayne Bay and any body of water navigable to Biscayne Bay; Miami River and its tributaries from Biscayne Bay to salinity dams or termini, whichever comes first; and the Little River from Biscayne Bay to the salinity dam. Properties along a Waterway have been depicted in Article 3, Diagram 1, titled "Waterways & Waterbodies with Waterfront Properties". Workforce Housing: See Article 3, Section 3.14. Workforce Housing: Workforce housing shall mean a Dwelling Unit, owner -occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is between 60 percent to 140 percent of Area Median Income as published by the United States Department of Housing and Urban Development and certified by the Department of Community and Economic Development. 26/27 ffiVEPAIM Work -Live: See Section 1.1, Residential Use Print 27/27 Sec. 29-13. - City -owned property sale or lease —Generally. Notwithstanding any provision to the contrary contained in this Charter or the City Code, and except as provided below, the city commission is prohibited from favorably considering any sale or lease of property owned by the city unless there is a return to the city of fair market value under such proposed sale or lease. The city commission is also prohibited from favorably considering any sale or lease of city - owned property unless (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than one- fourth ('/4) page and the headline in the advertisement to be in a type no smaller than 18-point and, (b) except as provided below, there shall have been at least three (3) written proposals received from prospective purchasers or lessees; however, if there are less than three (3) such proposals received and if the guaranteed return under the proposal whose acceptance is being considered is equal to fair market value the city commission determines that the contemplated sale or lease will be in the city's best interest then, subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummated. Any lease for the development of improvements of city -owned property which has been approved by voter referendum shall require additional voter referendum approval for a development on City -owned property where the developer has not obtained the necessary building permits within four (4) years of the effective date of the lease. Such section shall not be applicable when the delay in the performance of any obligation is as a result of force majeure, or litigation that questions the validity of the vote, or the City Commission action to place the question for referendum, then the performance of such obligation shall be extended by the length of the delay. In the case of city -owned property which is not waterfront, when the value of such property to be sold or leased (individual leaseholds within a single city -owned property shall not be considered as a single parcel of property for such valuation purposes) is five hundred thousand dollars ($500,000) or less, based on an appraisal performed by a state -certified appraiser, the city commission, by a 4/5 the affirmative vote, may sell or lease said city -owned property after compliance with the advertisement requirements set forth above but without the necessity of a referendum. may: The above provisions and any other city requirements for competitive bidding shall not apply when: (a) conveying property to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income, the criteria of which to be provided for by federal and/or state law or by the city commission; (b) conveying property to implement projects authorized under the Florida Community Redevelopment Act of 1969, as amended; (c) conveying property to implement projects of any governmental agency or instrumentality; (d) disposing of property acquired as a result of foreclosure; (e) disposing of property acquired in connection with delinquent taxes which properties were conveyed to the city by the Miami -Dade board of county commissioners under the provisions of Section 197.592 Florida Statutes, as amended; and (f) disposing of non -waterfront property to the owner of an adjacent property when the subject property is 7,500 square feet or less or the subject non -waterfront property is non -buildable. Notwithstanding anything herein to the contrary, the city commission, by a 4/5 the affirmative vote, (a) grant a lessee of city -owned property a one-time extension during the last five years of its lease, without the necessity of a referendum, for the purpose of funding additional capital improvements. The extended term shall not exceed twenty-five percent of the original term or ten years, whichever is less. The granting of such an extension is subject to the lessee paying fair market rent as determined by the city at the time of such extension and not being in default of its lease with the city nor in arrearage of any monies due the city; and (b) amend the Lease Agreement between the City of Miami and Biscayne Bay Restaurant Corp., d/b/a Rusty Pelican, dated February 13, 1970, as amended, to (i) extend the lease for an additional term of fifteen (15) years, with the option to renew for two (2) additional five (5) year periods, (ii) increase the amount of the minimum guarantee to the City to at least $360,000 per lease year effective upon execution of the lease amendment, and (iii) require Rusty Pelican to complete capital improvements to the property, including a public baywalk, in the amount of not less than $3 Million, within twenty-four (24) months of the effective date of the lease amendment; and (c) waive competitive bidding and execute a lease with Dade Heritage Trust, Inc. for the City - owned building located at 190 Southeast 12th Terrace, for a term of thirty (30) years, with two (2) thirty (30) year renewals, for minimum annual rent of $600.00 with Consumer Price Index adjustments, with restrictions, reversions, and retention by the City of all other rights; and (d) waive competitive bidding and execute a Fifth Amendment to the Lease Agreement with Aligned Bayshore Marina, LLC, also known as Monty's, to extend the current lease term by an additional term of approximately thirty-two (32) years (to expire May 31, 2067), with two (2) ten (10) year options to renew for a total term of fifty-two (52) years (to expire May 31, 2087); which will increase minimum rent payment by an additional two hundred thousand dollars ($200,000.00) per lease year, for a minimum of ten million dollars ($10,000,000.00) over the base term of the amended Lease Agreement, or one and three quarters percent (1.75%) of gross rent receipts from the Property, whichever is greater, as additional rent due to the City and, commencing January 1, 2019, minimum annual total rent (inclusive of the additional minimum rent) shall be one million five hundred thousand dollars ($1,500,000.00), plus an additional twenty five thousand dollars ($25,000.00) to be paid on an annual basis for the full amended term to a special fund to be established by the City for the benefit of low income housing renovation; further providing capital improvements to the Property of a minimum of seven million five hundred thousand dollars ($7,500,000.00) to be spent within three (3) years of the electorate's approval of the Fifth Amendment to the Lease Agreement; further creating a capital account requiring a minimum additional investment in the Property of four million dollars ($4,000,000.00) over the amended Lease term, inclusive of the renewal options; requiring a Transfer Fee payment to the City if the Property is transferred or assigned; and further requiring a Refinancing Fee payment to the City should the Property be refinanced after the initial refinancing. (e) waive competitive bidding and approve the Fifth Modification to the Lease with ESJ JI Leasehold, LLC, which modifies the remaining term of approximately forty three (43) years and extends the Term from the year 2060 to the year 2099 and includes a Fifteen (15) year option to extend the Lease to the year 2114; providing an additional annual rent payment of Two Hundred Fifty Thousand Dollars ($250,000.00) increasing, once the proposed hotel has stabilized, to the greater of One Million Two Hundred Twenty Thousand Dollars ($1,220,000.00) or Five Percent (5%) of annual hotel gross revenues from a new privately funded hotel development with a minimum cost of Fifty Million Dollars ($50,000,000.00) with a maximum of Three Hundred (300) rooms and a maximum height of One Hundred Thirty (130) feet, at ESJ's expense and option, and a design subject to City approval and successful land use and zoning changes, as necessary, with said rent being in addition to the currently received greater of annual rent of Five Hundred Two Thousand One Hundred Sixty Eight Dollars ($502,168.00) and percentage rent from Jungle Island revenue; with parking spaces sufficient to meet zoning ordinance requirements; ancillary improvements consisting of retail and/or restaurant space of up to ten thousand (10,000) square feet and meeting room space of up to thirty thousand (30,000) square feet; with an aggregate payment of Seven Hundred Thousand Dollars ($700,000.00) towards the Ichimura-Miami Japanese Gardens for construction of a walkway to Jungle Island and necessary repairs and maintenance of the Ichimura-Miami Japanese Gardens; payments totaling Seven Hundred Fifty Thousand Dollars ($750,000.00) over a ten (10) year period to be used for affordable housing; establishing a reserve account for capital repairs of Two Hundred Thousand Dollars ($200,000.00) per year; implementing a transfer fee of Three Percent (3%) of gross sales proceeds if the Property is transferred or assigned; implementing a refinancing fee of One Percent (1 %) of refinancing loan proceeds if the Property is refinanced after the initial refinancing. (f) waive competitive bidding to negotiate and execute a Ground Lease and Master Development Agreement with Miami Freedom Park, LLC, for a total lease term of ninety-nine (99) years, for approximately seventy-three (73) acres of City -owned property located generally at 1400 Northwest 37th Avenue, Miami, Florida 33125, also known as Melreese County Club, with a minimum annual base rent payable to the City equal to the greater of (a) fair market value as determined by state certified appraisers or (b) five percent (5.0%) of rent from the retail, office, and hotel development within the Demised Property, but annual base rent of no less than three million five hundred seventy-seven thousand three hundred sixty-five dollars ($3,577,365.00), in addition to a contribution to the City of twenty million dollars ($20,000,000.00) payable over thirty (30) years in annual installments, and any rent increases and/or additional rents negotiated by the parties; authorizing the use of the Demised Property for a soccer stadium; with at least one (1) million square feet of art and entertainment center including food and beverage venues, offices, retail, and a hotel with at least 750 units and conference center with ancillary commercial uses, guaranteeing a living wage for all on -site employees, further requiring MFP to undertake the remediation and Site development for a public park of approximately fifty-eight (58) acres to be developed on property adjacent to the Demised Property as MFP's sole cost, with any restrictions, reversions, and retention by the City of all other rights including at least a one (1%) transfer fee payable to the City, with such Lease and Master Development Agreement requiring City Commission approval by a four -fifths (4/sths) vote. Note— See editor's note at the end of this section. Notwithstanding anything in this Charter to the contrary, the City may enter into leases or management agreements, for any City -owned submerged lands, with entities having a possessory or ownership interest in the abutting riparian uplands for building marinas, docks or like facilities, using methods adopted by ordinance on the condition that such leases or management agreements result in a return to the City of at least fair market value. (Res. No. 87-678, § 2(a), 7-9-87/11-3-87; Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, § 2, 8- 9-01; Res. No. 03-855, § 2, 7-24-03; Res. No. 14-0184, § 1, 5-8-14; Res. No. 14-0225, § 1, 6-12- 14; Res. No. 16-0348, § 3, 7-29-16; Res. No. 17-0351, § 3, 7-27-17; Res. No. 18-0232, § 3, 6-8- 18; Res. No. 18-0309, § 3, 7-18-18) Editor's note— Res. No. 18-0309, § 3, adopted July 18, 2018, enacted provisions intended for use as subsection (e). Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as subsection (f).