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City of Miami
City Hall
3500 Pan American Drive
Ordinance 14134
Miami, FL 33133
www.miamigov.com
Legislation
File Number: 12603 Final Action Date: 1/12/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
Y AMENDING ARTICLE 1,
MODIFY SECTION 3.5.2, AND ARTICLE 5, TITLED "SPECIFIC TO ZONES,"
TO MODIFY SECTIONS 5.4.2, 5.5.2, 5.6.2 RELATED TO ELEVATION AND
BALCONY ENCROACHMENTS; AND APPENDIX J: WYNWOOD
NEIGHBORHOOD REVITALIZATION DISTRICT ("NRD-1") OF THE MIAMI 21
INTRODUCE A DEFINITION FOR MEZZANINE, AMEND BUILDING
CONFIGURATION REQUIREMENTS TO PROVIDE FLEXIBILITY IN THE
DESIGN OF BUILDINGS WITHIN T6 TRANSECT ZONES AND ESTABLISHED
SETBACK AREAS, AND ALLOW WALKWAY CONNECTIONS BETWEEN
TOWERS LOCATED WITHIN NRD-1; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Christine King
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114,
WHEREAS, the guiding principles of the Miami 21 Code include that architecture and
landscape design should grow from local climate, topography, history, and building practice, and
those buildings should allow their inhabitants to experience the geography and climate through
energy efficient design; and
WHEREAS, introducing floor height flexibility within the top Story of Buildings would
allow for desirable design elements within T6 Transect Zone without altering the overall Building
Height as currently regulated; and
WHEREAS, the proposed amendments would promote outdoor areas by allowing design
flexibility so that Balconies may be of an inviting and usable size, without compromising the
allowable interior space regulated through Floorplate dimensions; and
WHEREAS, Balconies create shade on the elevation of Buildings that improves energy
efficiency; and
WHEREAS, the proposed amendments provide safeguards in relation to Balcony
dimensions to ensure natural light and air to penetrate the Building and do not significantly
impact on existing standards as they relate to Building Configuration; and
City of Miami Page 1 of 8 File ID: 12603 (Revision: A) Printed On: 2/1/2023
File ID: 12603 Enactment Number: 14134
WHEREAS, on September 24, 2015, Ordinance No. 13561, amended the Miami 21
-
WHEREAS, the NRD-1 was established to foster medium-scale development and
promote the transition of the Wynwood neighborhood from an industrial district into a diverse,
mixed-use, residential neighborhood; and
WHEREAS, to support the continued evolution of the Wynwood neighborhood, the
Miami City Commission has approved three amendments to the NRD-1 to date under
ordinances No. 13642, No. 13805, and No. 13960; and
th
WHEREAS, to address existing connectivity limitations between towers above the 8
floor, the proposed amendment would allow for walkway connections between Towers without
impacting on Floorplate dimensions; and
October 19, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-
054 by a vote of seven to three (7-3), Item No. PZAB.5, recommending Approval of the Zoning
and
WHEREAS, this proposed ordinance was sent back to the PZAB for further
consideration because of changes recommended by the Planning Department at the First
Reading of this ordinance; and
WHEREAS, the PZAB, at its meeting on December 7, 2022, following an advertised
public hearing, adopted Resolution No. PZAB-R-22-067 by a vote of nine to zero (9-0), Item No.
PZAB.8, recommending Approval of the Zoning Text Change; and
WHEREAS, the City Commission has considered whether the proposed amendments
will further the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan
and conducted a public hearing on the proposed amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Article 1 of the Miami 21 Code is hereby amended in the following
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particulars:
ARTICLE 1. DEFINITIONS
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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.
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File ID: 12603 Enactment Number: 14134
* * *
1.2 DEFINITIONS OF TERMS
* * *
Floorplate: The total indoor and outdoor Floor Area of any given Story of a Building, measured
to the exterior of the wall or balcony.
* * *
Mezzanine: an area within a single Story volume not to exceed thirty-three percent (33%) of the
Floor Area below (or fifty percent \[50%\] in the D1 Transect Zone) which are open to, provide a
view of, or is directly accessible from the Habitable Space below.
* *
Section 3. Article 3 of the Miami 21 Code is hereby amended in the following
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particulars:
ARTICLE 3. GENERAL TO ZONES
* * *
3.5.2 A Story is a Habitable level within a Building of a maximum fourteen (14) feet in Height
from finished floor to finished floor. Basements are not considered Stories for the purposes of
determining Building Height. A ground level retail Story may exceed this limit up to a total height
of twenty-five (25) feet and a top level Story in the T5, T6 Transect Zone may exceed this limit
up to a total height of twenty-eight (28) feet and count as one (1) Story, if the Building Height
does not exceed the maximum Building Height including all applicable bonuses allowed by the
transect at fourteen (14) feet per floor and twenty-five (25) feet at the ground level. A ground
level retail Story may exceed fourteen (14) feet, or up to a total Height of thirty (30) feet when a
retail establishment is located in the Special Flood Hazard Area, given that the finished floor of
the ground level meets the Average Sidewalk Elevation. A single floor level exceeding fourteen
(14) feet or twenty-five (25) feet at ground level retail (or thirty (30) feet at ground level for retail
within the Special Flood Hazard Area), shall be counted as two (2) Stories; except for T6-36,
T6-48, T6-60, T6-80, and D1, where a single floor level exceeding fourteen (14) feet may count
as one (1) story if the building height does not exceed the maximum height, including all
applicable bonuses, allowed by the transect at fourteen (14) feet per floor. Where the first two
stories are retail, their total combined Height shall not exceed thirty-nine (39) feet (forty-four (44)
City of Miami Page 3 of 8 File ID: 12603 (Revision: A) Printed on: 2/1/2023
File ID: 12603 Enactment Number: 14134
feet in the Special Flood Hazard Area) and the first floor shall be a minimum of fourteen (14)
feet in Height (nineteen (19) feet in the Special Flood Hazard Area). Mezzanines, may not
exceed thirty-three percent (33%) of the Habitable Space Floor Area, except for D1, where
mezzanines may not exceed fifty percent (50%) of the Habitable Space Floor Area. Mezzanines
extending beyond thirty-three percent (33%) of the Floor Area, or fifty percent (50%) of the Floor
Area in D1, shall be counted as an additional floor. The Height of a Parking Structure concealed
by a Liner may be equal to the Height of the Liner; this may result in a Liner Story concealing
more than one level of Parking.
* *
Section 4. Article 5 of the Miami 21 Code is hereby amended in the following
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particulars:
ARTICLE 5. SPECIFIC TO ZONES
* * *
5.4 GENERAL URBAN TRANSECT ZONES (T4)
* * *
5.4.2 Building Configuration (T4)
a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and
Illustration 5.4.
b. Encroachments shall be allowed as follows: At the First Layer, stairs may encroach up to
fifty percent (50%) of the depth of the Setback. In the event an existing Building is raised in
order to bring the finished floor elevation above the Base Flood Elevation plus Freeboard,
stairs and ramps required for vertical circulation may encroach one hundred percent
(100%) of the Setback by process of Waiver. Open Porches shall be at a minimum seven
(7) feet deep and may encroach up to fifty percent (50%) of the depth of the Setback. At the
First Layer, Cantilevered portions of Awnings, balconies, bay windows and roofs shall be at
a maximum three (3) feet deep and may encroach up to thirty percent (30%) of the depth of
the Setback. Other cantilevered portions of the Building shall maintain the required
Setbacks. When a Lot abuts an existing Single family residence Building, the Building
Elevation and/or Balconies on the rear or side shall be set back a minimum of three (3) feet
from the property line. At the Second and Third Layers, Awnings, balconies, bay windows,
chimneys, roofs, and stairs may encroach up to fifty percent (50%) of the depth of the
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Setback or three (3) feet, whichever is less. At the Third Layer, Awnings and canopies may
encroach up to fifty percent (50%) of the depth of the Setback.
* * *
5.5 URBAN CENTER TRANSECT ZONES (T5)
* * *
5.5.2 Building Configuration (T5)
a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and
Illustration 5.5.
b. Encroachments shall be as follows: At the First Layer, cantilevered Awnings and entry
canopies may encroach up to one hundred percent (100%) of the depth of the Setback;
except as may be further allowed by Chapter 54 of the City Code; above the first Story,
cantilevered balconies, bay windows, roofs and Facade components promoting energy
efficiency such as shading and Screening devices that are non-accessible, may encroach a
maximum of three (3) feet into the Setback. Other cantilevered portions of the Building shall
maintain the required Setback. In the event an existing Building is raised in order to bring
the finished floor elevation above the Base Flood Elevation plus Freeboard, stairs and
ramps required for vertical circulation may encroach one hundred percent (100%) of the
Setback by process of Waiver. At the Second and Third Layers, no encroachments are
permitted. When a Lot abuts an existing Single family residence Building, the Building
Elevation and/or Balconies on the rear or side shall be set back a minimum of three (3) feet
from the property line.
* * *
5.6 URBAN CORE TRANSECT ZONES (T6)
5.6.1 Building Disposition (T6)
g. Setbacks for Buildings shall be as shown in Illustration 5.6. Where the property to be
developed abuts a Structure other than a Sign, a Waiver may be granted so the
proposed Structure matches the ground level dominant setback of the block and its
context. Frontage Setbacks above the eighth floor for Lots having one (1) dimension
measuring one hundred (100) feet or less may be a minimum of zero (0) feet by Waiver.
For T6-12, T6-24, T6-36, T6-48, T6-60 and T6-80, the Frontage Setbacks above the
eighth floor shall not be required for a Frontage facing a Civic Space or a Right-of-Way
seventy (70) feet or greater in width. At property lines Abutting a lower Transect Zone
the Setbacks shall reflect the transition as shown in Illustration 5.6.
* * *
City of Miami Page 5 of 8 File ID: 12603 (Revision: A) Printed on: 2/1/2023
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5.6.2 Building Configuration (T6)
b. Above the eighth floor, the Building Floorplate dimensions shall be limited as
follows:
1. 15,000 square feet maximum for Residential Uses in T6-8, T6-12 and T6-24
2. 18,000 square feet maximum for Residential Uses in T6-36, T6-48, T6-60
and T6-80
3. 30,000 square feet maximum for Commercial Uses and for parking
4. 180 feet maximum length for Residential Uses
5. 215 feet maximum length for Commercial Uses
6. Balconies or any other exterior projections shall not project by a distance
greater than seven (7) feet beyond the Building Floorplate maximum length
in any direction
7. Balconies shall not encroach more than five (5) feet into the minimum
required Building spacing dimensions as required by Section 5.6.1.h; no
Waivers shall be applied to this provision
c. Encroachments shall be as follows: At the First Layer, cantilevered Awnings and
entry canopies may encroach up to one hundred percent (100%) of the depth of the
Setback, except as may be further allowed by Chapter 54 of the City Code. Above
the first Story, cantilevered balconies, bay windows, roofs, or Facade components
promoting energy efficiency, such as shading and Screening devices, that are non-
accessible may encroach up to three (3) feet of the depth of the Setback. For
Buildings with an Established Setback Area greater than a ten (10) foot setback,
balconies above the first Story may encroach up to one third (1/3) of the Established
Setback Area beyond the allowable three (3) foot encroachment. When a Lot abuts
an existing Single family residence Building, the Building Elevation and/or Balconies
on the rear or side shall be set back a minimum of three (3) feet from the property
line. Other cantilevered portions of the Building shall maintain the required Setback.
Above the eighth Story when additional setbacks are required as detailed in
Illustration 5.6, Facade components promoting energy efficiency such as shading
and Screening devices, that are non-accessible or balconies may encroach a
maximum of three (3) feet. In the event an existing Building is raised in order to
bring the finished floor elevation above the Base Flood Elevation plus Freeboard,
stairs and ramps required for vertical circulation may encroach one hundred percent
(100%) of the Setback by process of Waiver.
* *
Section 5. Article 1 of the Miami 21 Code is hereby amended in the following
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particulars:
APPENDIX J WYNWOOD NRD-1
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* * *
ARTICLE 5. SPECIFIC TO ZONES
* * *
5.2 URBAN CORE TRANSECT ZONES (T6)
b. Building Configuration
1. Above the eighth floor, the Building Floorplate dimensions shall be limited as
follows:
1. 18,000 square feet maximum for Residential Uses.
2. Additional Residential Floorplate dimensions not to exceed 30,000 square
feet maximum may be obtained by Waiver from transferring an equivalent
amount of Floorplate area located between the third and eighth Story along a
Building Principal Frontage.
3. 30,000 square feet maximum for Commercial Uses and for parking
4. 180 feet maximum length for Residential Uses
5. 215 feet maximum length for Commercial Uses
6. Balconies or any other exterior projections shall not project by a distance
greater than seven (7) feet beyond the Building Floorplate maximum
length in any direction
7. Balconies shall not encroach more than five (5) feet into the minimum
required Building spacing dimensions as required by Section 5.6.1.h; no
Waivers shall be applied to this provision
2. Building Heights shall be measured in Stories and shall comply with Article 4, Table
2 of this Code and be as shown in Illustration 5.2, except as to bonus Height where
applicable according to Sections 3.4 and 3.5 contained herein. For a ground floor
retail Story with a total height of twenty-five (25) feet, a parking level may be
contained within the mezzanine space by Waiver if masked from the Frontage by a
Liner Building or an art treatment of a design approved by the Director with the
recommendation of the WDRC is provided for one hundred (100%) percent of that
portion of the Facade. Louvers and other parking garage ventilation openings are not
permitted along street Frontages within mezzanine space.
3. Mechanical equipment on a roof shall be enclosed by parapets of the minimum
Height necessary to conceal it, and a maximum Height of five (5) feet. Other
ornamental Building features may extend up to ten (10) feet above the maximum
Building Height. Roof decks shall be permitted up to the maximum Height. Trellises
may extend above the maximum Height up to eight (8) feet. Extensions up to ten
(10) feet above the maximum Height for stair, elevator, mechanical enclosures,
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File ID: 12603 Enactment Number: 14134
Habitable Space, or non-Habitable Rooms shall be limited to twenty (20%) of the roof
area, unless approved by Waiver. Habitable Space shall be treated as Public Benefit
Floor Area.
4. Walkway connections for circulation between Towers shall be non-Habitable Spaces.
Walkway connections shall be excluded from, and not be considered as combining
Building Floorplate dimensions required by this Section, so long as the walkway
connection is located within the Third Layer, no greater than fifteen (15) feet in width,
set back from the Façade a minimum of twenty (20) feet, walkway connections shall
not be enclosed on the sides or, if enclosed, shall be one hundred percent (100%)
glazed with clear glass, except for necessary structural elements. Projects providing
walkway connections shall be required to comply with the minimum Building spacing
requirements between towers as set forth in Appendix J, Section 5.2.a.3.
* *
Section 6. It is the intention that the provisions of this Ordinance shall become and be
made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be
renumbered or relettered and that the word "ordinance" may be changed to "section", "article",
or other appropriate word to accomplish such intention.
Section 7. 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 8. This Ordinance shall become effective 30 days after final reading and
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adoption thereof.
APPROVED AS TO FORM AND CORRECTNESS:
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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.
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