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HomeMy WebLinkAboutM-80-0269CITY OF j i �, 2 U • 1 ^ ••_— U IN76R-OFFICE�nr! i017nr�t]l1 .1 TO Joseph R. Grassie March 27, 1980 City Manager Agenda Item City Commission Meeting: FROM Jim Reid, Director Planning Department RF_F; HLN :L,1 Proposed New Comprehensive Zoning Ordinance and Downtown Zoning Revisions It is requested that the Commission review, in a workshop, the principal features of the new proposed Compre- hensive Zoning Ordinance and specifically the Downtown Zoning Ordinance revisions. The suggested Downtown revisions are to be incorporated into the proposed new Comprehensive Zoning Ordinance Public meeting/public hearing process. Proposed New Comprehensive Zoning Ordinance A completely revised and rewritten Comprehensive Zoning Or- dinance was recommended by consultants to the City, Dr. Ernest R. Bartley and Fred Bair in their technical report on Zoning, as part of their work on the Miami Comprehensive Neighborhood Plan. This Plan was adopted with modifications by Resolution 77-430 on May 12, 1977. Since that time these consultants have prepared Proposed Overall Text Revisions to the ordinance and commentary (November, 1977) which was extensively reviewed by the Planning Advisory Board in a series of workshops from November, 1977 through October, 1978. The Consultants revised the text based on workshop comments and have prepared a Proposed Zoning Text (January 24, 1979) and Schedule of District Regulations, which will be reviewed by the Planning Advisory Board in City-wide public meetings culminating in Planning Advisory Board public hearings in September, 1980, at which time the PAB will make recommenda- tions to the City Commission. The principal features of the proposed ordinance are Simplification of the ordinance by arraying it through a Schedule of District Regulations. rft4k r Joseph R. Grassie Page 2 March 27, 1980 - Adoption of the Land Use Intensity (LUI system) to better relate structures and use of land to parcel size. - Greater flexibility in building siting by in- creasinq the buildable area of a parcel. - Simplification of the permitting system. - Incorporation of Planned Unit Development zoning as part of the ordinance. - Creation of several Special Public Interest Districts. For owners of single family, two family homes, and the majority of property owners, there will be little change in the new ordinance. Its main feature improves the regulation of multi- family development. A tabloid summarizing the ordinance is attached. Downtown Zoning Ordinance Revisions Revisions to Downtown zoning have been proposed in a series of draft ordinances since the Downtown Miami 1973-1985 Urban Devel- opment and Zoning Plan by X,1MRT was accepted by Resolutions 75- 272 and 75-416; March 25th and April 22nd, 1975. The latest draft (February 1980) has the following features: The existing C-3 zoning district is replaced by three new districts: CBD-1, CBD-2, and CBD-3. The CBD-1 district is a new residential/office/ commercial district mapped along the waterfront. Residential development is encouraged; commercial uses are restricted and related to residential development. Maximum floor area ratio: 7 The CBD-2 district, also a residential/office/ commercial district, is mapped in the Omni area and around Government Center. A wider range of commercial areas is allowed. Maximum floor area ratio: 6. r Joseph R. Grassie Page 3 March 27, 1980 The CBD-3 district is a central commercial dis- trict, replacing the present C-3 district and mapped to cover the remainder of the central business district. Maximum floor area ratio: 17. - A special Public Interest District, an overlay district would cover all of downtown and mandate certain amenities such as embayments, landscaped streets and waterfront paths, waterfront area development controls, retail street frontage in the Flagler Commercial core, building walls along street lines and restricted access from certain streets. Parking policies and guidelines would be estab- lished, recognizing the inception of regional rapid transit. The last draft (February, 1980) has been circulated to Dr. Bartley and Mr. Bair, consultants to the City, and the Down- town Development Authority for comment. While Dr. Bartley has responded, no comments have been received from the Down- town Development Authority. In response to an earlier draft, Downtown Development Authority preferred a different approach - preparation of an urban design plan - rather than the approach suggested here. If the Commission has no objection, the Downtown Zoning revisions would be incorporated into the proposed new Comprehensive Zon- ing Ordinance and be included in the Planning Advisory Board pub- lic meetings now underway and the Planning Advisory Board pub- lic hearings in September. Subsequently, the Commission will have the opportunity of acting on the Planning Advisory Board recom- mendations in late 1980. JR:JM:mb PUBLIC MEETING INFORMATION Neighborhood, Date and Location: 1. Model Cities, Little River, Edison Park and North East - March 19, 1980 - Miami Edison High School, 6161 NW 5th Court 2 Brickell, Overtown. Downtown, Wynwood, 4LBiscayne Bay Islands - April 16,1980 - Downtown Library: 1 Biscayne Boulevard 3 Coconut Grove. Shenandoah - April 23,1980 - City Hall, 3500 Pan American Drive 4 Little Havana - May 21, 1980 - Little Havana Community Center; 900 SW 1 st Street 5. Flagami - May 28,1980 - Stephen Clark Community Building: 1650 NW 37th Avenue d 6. Allapattah -June 18,1980 -Comstock f li Elementary School; 2420 NW 18th Avenue i -n awwfi-m op 7 Ijj eat6�� -- - Nw7sr' __ v 5 ,F - ii CORALWAY PLANNING DEPARTMENT 3342 PAN AMERICAN DRIVE MARCH 19,1980 w� a CITIZENS' GUIDE TO THE PROPOSED NEW ZONING ORDINANCE AN OPEN LETTER TO THE CITIZENS OF MIAMI LJ This guide is intended to help Miami c;trzens ri�w zoning ordinance that has been drafted for the City The Miami Planning Advisory Board nos hdlpad prepare the draft. It is now being submitted to Miami's citizens for consideration and commer, t, Over the rrex t several months there bvill be many op- portunities for interested persons to present n;i;r crews on the draft ordnance . Individually by contact with representatives of the Mramr P:ann�ng Department . In a series of public meetings to be held throughout the City: .in legallyadvertised public hearings before the Miami PlanningAdwsnry Board_ such hearings being apart of the process that is required by law for adoption of a new : on�ng ordiaance_ . In legally advertised hearings before the Miam; City Commission, who mast decide wriether or not Miami rs to have a new zoning ordinance and what its content will be The purpose of these steps is to improve the draft zoning ordinancear;d to make itmore responsive to the needs of the people of Miami_ Every property owner ,n Miam; .has bran notified o y .mad of the above steps. Further notification will be carried by the media —press. radio and television The dates of City Commission hearings are not .set at this time. These dates writ be iegalry advertised and noted by the media When the Planning Advisory Board. after ;ts hearings has prepared its recommendations to the City Commission, the Commission after legally advertised pubic hearings will have the options to. pass it on the form recommended by the Planning Adwsor y Board pass it with changes, or scrap the proposed ordinance This guide tells what zoning is ail about, how the present Miami zoning ordinance mow almost 20 years old) got the way it is, and why it is necessary for the City to adopt a new zoning ordinance. The newordinance will allow greater flexibility in development reduce red tape. and enable the City to bet- ter shape development in the future. The proposed ordinance is contrasted with the present regulations to expta,n why necessary changes should be made. what they are intended to do. and how the new oroinance will operate Key points of the various district regulations explain the principal regulatory devices and the procedures for carrying out the ordinance and changing d rn the future. The mechanics of zoning can be handled by competent tecnmciaus What ae are n)nmy for should be determined by the people of Miami respecting interests of those who surround us ,ind those who will follow us- It is unlikely that the new ordinance twill please everybodyv. but when rhi . iru,t,ance is pre sented for adoption, wee hope that R wrii reflect the best thinking of n:ir citizens, inil that there wdi be vi general understanding of what is being done, and why Joseph R. Grassie, City Manager A QUICK LOOK AT THE NEW ORDINANCE The new ordinance consists of three major parts: 1. the text, 2. the schedule of district regulations 3. The zoning atlas. The Text In the text we find the general provisions on pro- cedure and administration, definitions, and regula- tions applicable to several or all zoning districts. In the text, too, are found provisions for specialized treatment of particular types of development. The proposed text is organized on a decimal system, thus facilitating precision in use and ease in inser- tion of future amendments. The Schedule of District Regulations Regulations applicable to specific zoning districts are now to be set out in columnar form, a system devised to aid the person who is really interested in zoning only to the extent that he can learn easily what he "can do with his property.•' The Zoning Atlas Here the zoning districts, and some other materials as well, are set out on maps which make up the atlas. The boundaries of the various districts are drawn The Present Ordinance The present ordinance has only two parts: (1) the text which incorporates regulations for the in- dividuai districts, and (21 the zon ing atlas. Once the public and administrators become used to the new tri-partite form, understanding of the zoning pro- cess should improve. YIAYI'S ZONING HISTORY Miami's 20-year old zoning ordinance was drafted in a time of rapid development of extensive vacant lands. Originally it was adequate. although some of its elements date back to World War I and relate to long -gone purposes For example, honoring fong tradition. back yards were required to be deep and there were complex provisions on the location and dimensions of ac- cessory buildings which might be built in such yards. The purpose of these controls was to keep the stable and smokehouse away from the main house. really a matter of low priority in modern Miami! Carrying forward this old and unnecessary regulation has needlessly restricted the shape of our .louses ever since. Miami has changed dramatically since the present ordinance was adopted in 1961. It is largely built up. Thereare few vacant lots available for construc- tion. Population has grown and diversified. Age structure and family size have altered. Tastes and cultures have changed. Miami is no longer merely a glamor resort for tourists, the City is a bustling center for commerce and finance serving the world. It is now at the crossroads of international air travel, and increasingly draws tourists from South America, Europe and the Orient. Miami is truly an international city. Today. Miami is also a city in the process of redevelopment, rapid in some areas, slow in others, responding to change which continues and seems likely to accelerate. Since 1961. Miami's zoning ordinance has also changed, almost beyond recognition. The ordi- nance was altered a piece at a time, in response to Consultants Say our Old Zoning Ordinance Needs RonodelMg The City commissioned an analysis of the present zoning ordinance as a part of the City's major plan- ning effort in 1975. The resulting consultant study concluded that the present ordinance would not meet future city needs Major recommendations of the study indicated that. 1. The zoning ordinance needed complete reorganization and rewriting to reflect the fact that future City development would, in almost all instances, be redevelopment of existing land. 2. The present format be changed to incorporate a schedule of district regulations approach, removing from the text of the ordinance those regulations applicable to a specific zoning classification and presenting them in columnar form for easier citizen use and administration. 3. Reevaluation of intensities of commercial, in- dustrial, and residential uses was necessary throughout the City. 4. The City should adopt the basis of residential land use intensities of the Land Use Intensity System (LU1) (pronounced L00-EE) of the Federal Housing Administration. This internally consistent system provides a sound basis for regulation by coordinating lot coverage, height, bulk, building spacing, and related controls based on gross (rather than, at present, net) land acreage. Present inconsistencies and uneven controls would thus be replaced. 5. The new ordinance must be related more closely, than is presently the case, to an under- standing of the consequences of regulation for architectural form. WHAT ZONING IS AND DOES AND WHY WE HAVE IT Zoning takes its name for the division of a city into zones, or districts, with regulations which are the same within each district, but which vary from one district to another. Zoning is unlike most city codes or ordinances which apply uniformly throughout a city. Traditionally, governing bodies of cities are em- powered, for the purpose of promoting health, safety. morals, or the general welfare, to enact zon- ing ordinances which regulate and restrict: .The location and use of buildings, structures, and land (and water) for trade, industry, residence, or other purposes .The height, number of stories, and size of build- ings and other structures. . The percentage of the lot that may be occupied. .The size of yards, courts, and other open spaces . The erection, construction, reconstruction, altera- tion, repair. or use of buildings, structures, or land. Purposes of the regulations, as stated in the Stan- dard State Zoning Enabling Act, as it appeared in 1926 in a publication of the U.S. Department o� Commerce, are spelled out as. .To lessen congestion in the streets. .To secure safety from fire, panic, and other dangers. .To promote health and the general welfare. . To provide adequate light and air. .To prevent the overcrowding of land. . To avoid undue concentration of population. .1rn f rilifofo ff.e --n 0- n•...,,o,......f #•-..-..role_ mW6001r ..as a.soao M.w WOV43eq uwwalweuona IJIWD- sure& Many of the changes involved only a particu- lar areaa particular type of use of development or a particular piece of property. consequently, the ex- isting zoning ordinance is not always logical or in- ternally consistent. The Relation Between the Comprehensive plan and The Proposed Zoning Ordinance. In 1975, the state passed a law requiring cities to have comprehensive general plans, and to make their zoning conform to those plans. We now have the Miami Comprehensive Neighborhood Plan. The proposed new zoning ordinance is primarily an at- tempt to conform development patterns and development regulations to public policy as ex- pressed in this plan. It is also an opportunity to rid ourselves of unnecessary restrictions no longer serving public purposes, to structure control devices so that they work effectively without inter- nal contradictions, and use recent (but tested) regulatory techniques which allow greater freedom and flexibility in development without sacrificing public objectives. The proposed ordinance is not a revolutionary document Both the Compeehensive Plan and the new zoning controls recognize what exists and try to build better on this foundation. There are few ma- jor changes in zoning boundaries or in uses permit- ted in the various districts. There are differences in procedures which may simplify matters for the public. Some terms and requirements appear which will be unfamiliar to those accustomed to the present ordinance. Once they are understood, it should be apparent that they are largely refine- ments which serve the same general purposes as current regulations, but relate intent of the controls more closely to performance. 2 6. A limited form of transfer of development rights should be included to save historic buildings for example. 7. The new ordinance should distinguish bet- ween and make provision for planned develop- ment and special public interest districts. Greater use should be made of these modern techniques than at present under carefully drawn standards to guide the decisions of City staff. 8. Reconsideration of the present numbers and procedures for "special approvals" should result in the establishment of a logical special permit system, with the officer or agent for each type of special permit operating under meaningful standards. 9. Certain regulations now found in the present zoning ordinance were not properly zoning in character and should be placed in other parts of the City Code of Ordinances 10. Some parts of the present zoning ordinance are not enforced, or are enforced only upon citizen complaint. Regulations that are a part of a new ordinance should be put there with a commit- ment to enforce them —or they should be drop- ped altogether. The consultants draft of the new zoning ordinance incorporates these major recommendations as well ac manv minor ones. CITY COMMISSION Maurice A. Ferre. Mayor Armando Lacasa. Vice -Mayor Joe Carollo Theodore R Gibson J. L. Plummer. Jr CITY MANAGER Joseph R Grassie Richard L. Fosmoen, Assistant City Manager tfon. waver, sewerage, schools, Park% and other public requirements. "Such regulations shall be made with reasonable consideration, among other things, given to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encourag- ing the most appropriate use of land throughout 44 such municipalit(' says the Standard Act Down through the years, there has been elaboration of both the purposes and of what may be regulated. Thus, off-street parking and Irartrng were not origi- nally listed among things to 64 :r)rtrr,{ied out have come to be accepted a; appropriate: :e they in- volve a use of land or building�,;jnr::r-r'a r;' i esse� congestion in the streets Sign appeared relatively late in zoning as reiated ' , safety and morals (with billboards in an older tame described as places of concealment for cnminais and ques- tionable activities and practices) Later. as courts endorsed amenity as a public purpose, the more plausible relationship to character of the neighbor- hood became a principal consideration. In both the present and proposed zoning ordi- ral nances, introductory articles contain statements of intent and indications as to what is to be regulated which derive (more or less directly) from traditional powers. purposes, and fields of regulation as set out in the old Standard Act Where these powers are ex- ercised wisely and equitably. in accordance with re- quired procedures and for the purposes indicated. zoning has withstood court tests for well over fifty years Conceived and promoted by political con- servatives during Herbert Hoovers terms as Secre- tary of the U S Department of Commerce and President, it has long been accepted that zoning is a constitutional exercise of government powers 111111111111111911 loll 11111 I There and course legal limitations on what may be done. Any zoning regulation must have substantial relation to legitimate public purpose. It must be the least, or minimum, regulation necessary to ac- complish that purpose. And there are things zoning can't do. Zoning by race has long been outlawed. Zoning to establish the minimum cost of houses which might oe erected in certain districts was thrown out by the urts about the time they said a western town Kuid not require all buildings on Main Street to be two stories high — or to have false fronts lookingas though they were two stories high. Zoning which runs up the costs of housing without valid public purpose is legally questionable. Zoning can keep things from happening and it can let things happen. but it can't make things happen. Zoning never built anything. It can provide induce- ments, prohibitions. or penalties, but unless there is further public or private action nothing develops. Zoning it all for oil wells doesn't produce oil wells! Those who expect zoning to work miracles are bound to be disappointed. As another practical and legal limitation on what zoning can do. consider what was called noncon- 0rmities. Where lawful development or use which uld not conform to new regulations exists before a new ordinance or amendment is passed, the rights of owners and successors in title to continue are guaranteed, with certain limitations. In other words, zoning won't necessarily make things go away that are already there. Thus, where a corner grocery exists in a residential area, and zoning which would not allow it is passed, it may continue in operation in the same ownership or sold, but generally speaking it may not be ex - THE LAND use INTENSm SYSTEM AND HOW IT WORKS A feature of the proposed ordinance which is a ma- jor advance over current regulatory techniques is the use of what is known as the Land Use Intensity (LUI) system. This system and its related controls have substantial advantages over older systems which unnecessarily constrained design without corresponding public benefits, or in some cases failed to control things that needed controlling. Section 2011 of the proposed ordinance adopts the system and its related controls. (Sections 2012 and 2013 speak to particular aspects of the system). Basically the system controls the elements of (1) floor area, (2) minimum open space, (3) minimum livability space, (4) minimum recreation space, and (5) off-street parking. It does so by basing the rel- ated elements of control on an intensity scale which runs from very low to extremly high densities. The entire City is divided into eight land use inten- sity (LUI) sectors (possibly nine if certain propcsals for the central business district are adopted) these sectors are delineated on the zoning atlas. The sec- tors are drawn on the map to conform to the Plan. are adapted to particular building types, and permit finer tuning from low to high population densities than is possible under present regulations. The land use intensity ratings proposed for Miami are selected from an array of 50 used by the Federal Housing Administration (FHA) in assigning inten- sities on multi -family development for mortgage in- surance purposes as shown on the chart in this guide. The LUI system is part of FHA s Minimum Property Standards for Multi -Family Housing. Miami builders using FHA mortgage insurance will thus not be These relationships always have been reoopnissd in land values and in taxation. They should be reflected in zoning. Calculation of Requirements. Figuring out what can be done, and the minimum requirements in- volved, is simple: (1) determine from the zoning atlas the LUI sector number of the land, (2) deter- mine gross land area involved, and (3) multiply gross land area by the percentages of various re- quirements for the sector as shown on Table 1 of the schedule of district regulations. (Table I reproduced in this guide). How Many Dwelling Units? The present ordi- nance specifies certain minimum land areas for each dwelling unit. The proposed ordinance con- tinues this practice for single family dwellings. Where multi -family development is involved. however, the LUI system drops the present ap- proach. A developer under the proposed ordinance will have a number of square feet of floor area to work with, depending upon factors previously discussed. He may develop with a smaller number of larger dwelling units or a larger number of smaller units. This flexibility under the proposed ordinance ena- bles the developer to work with market potential. Persons unfamiliar with multi -family development and marketing sometimes fear that if minimum floor area is not set for dwelling units. developers will produce the largest possible number of small units. Construction and market economics make this unlikely, but parking requirements help prevent the tendency. Thus if all apartments in a building are 400 sq. ft. efficiency units, where requirements are for one space per unit there will have to be as much parking area as floor area. At 800 sq. It. per unit. the o.........,_.., a..o.w. %a ....,.v WWM auwu. Nonconforming uses mel continue indefinitely, with certain exceptions. If a person has a house with a porch extending into what would be a required side yard under newly ap- plicable controls, he has a nonconforming struc- ture. His rights to continue it are protected under the law, but he may make further additions which would extend further into the required yard. property owner has one lot which is 40 feet wide single-family residential district which requires 0-foot lot widths. This is called a nonconforming lot. and he can build a house on it, with slightly reduced side yard requirements. If he has a row of undeveloped lots, he may have to re -subdivide to meet the new requirements. (In the existing ordinance, part of the material on this subject appears in Article XXVIII, Non -Con- forming Buildings and Uses and part of Article IV, Existing Platted Lots. In the proposed ordinance, Article 21, Nonconformities, covers the subject, with some rules and procedural simplifications which may be helpful to those affected.) So let's understand that zoning is needed and im- portant, but that there are a lot of things it can't do. f�LOSER LOOK AT SOME PARTS OF THE NEW TEXT The text sets the stage within which the particu- larities of the schedule of district regulations and the zoning atlas perform. It is in the text of the new ordinance, too, that a number of ideas and ap- proaches recommended by the consultants in their analysis of the present ordinance are set out. This discussion of the text is directed at its highlights and where necessary. draws contrasts with pre- sent regulations and approaches. faced with incompatible zoning controls. The following table, taken from the proposed schedule of district regulations, indicates requirements and limitations for the eight LUI sectors which cover most of the City. Use of Gross Land Area. In setting minimum re- quired lot area for single family detached resi- dences and a few other uses (schools and places of worship, for example) net lot area (area within lot boundaries) is used in the proposed ordinance, just as at present. Where minimum land areas are set for other uses under the LUI system, the requirements are for gross lot area, giving credit for adjacent permanent open space which increases light and air available to the lot, or for open space which provides separa- tion from buildings on nearby lots. The formula governing credit for adjacent open space is simple —length of adjacent lot line times half the width of the open space. This would cause obvious difficulties unless a further limitation is ad- ded —gross lot area for a lot with 200 feet of fron- tage on Biscayne Bay would become astronomical! So the width figure is further limited by a maximum credit established for the particular district or land use sector —"half the width of the adjoining open space, but not to exceed feet". Here the blank is filled in from the schedule of district regula- tions by figures ranging from 34 feet in LUI sector 1 to 80 feet in LUI sector 9, the central business dis- trict (CBD) high -intensity area. Use of gross lot area approach makes considerable sense in terms of function of open space, and is a substantial advance in regulatory technique. Thus, a multi -family dwelling on an interior lot has only the assurance of open space from the street along its frontage. On a corner lot, there is open space along the front and one side. A waterfront lot, in ad- dition to amenities of view and waterfront access, has adjacent open space which assures it addi- tional light and air same wilding would require 5nly half as much parking space as floor area. Summary. Once the LUI system is understood, its advantages over the present regulations become abundantly apparent. The integrated character of the system and its increased flexibility are particu- larly appropriate for a Miami which from this point forward must operate in a redevelopmentcontext. ZONING CAN WORK FOR YOU Almost everyone today feels that there are too many government rules and regulations and that more and more aspects of our life are subject to laws and restraints. As our society has become more complex and ur- ban areas are the dominant living places for people, zoning regulations have been a subject of intense citizen interest and scrutiny. Basically, zoning regul- ates how you and your neighbors can use your land and sets requirements on the size and shape of liv- ing space as well as stores, offices and other uses. Without zoning many of the things that you proba- bly prefer about your neighborhood could be changed. For example, high walls could obscure your light and air, commercial traffic could disrupt a quiet residential neighborhood or noisy industrial uses could interrupt your right to pbace and quiet. Zoning aims to establish rules so that people can live together in dense urban areas with less conflict and more individual security with respect to their property rights. Citizen involvement is an important ingredient in the process of making new zoning rules or resolv- ing controversial zoning issues. An important point to remember in all this is that zoning can work for you and it is in your interest to know the rules and to participate in those zoning decisions that affect your lives and property. 3 I 11111101111111 minations and provisions for appeal. In the case of some conditional uses, it is not altogether clear what rules apply! In addition to the procedural hodgepodge, there is some doubt as to whether all that red tape is necessary for all of the uses which now require it. Location of a heliport in the downtown area should obviously have consideration of the highest level. But is it really necessary that the public be noticed and heard and that the zoning board and/or the city commission make final determination as to whether a bookstore or a duplicating facility should be permitted in a district which already allows, by right, residential, commercial and offices uses? Examples: Off-street parking facilities with 10 or more spaces (referral for check on traffic engineer- ing); erection of kiosks or neighborhood bulletin boards (referral on legal adequacy of provisions for maintenance). Class C Special Permits involve uses or occupan- cies where substantial and generally complex technical issues relate to planning policy. These are handled by the planning director, without formal notice or hearing, but he may make extensive refer- rals to other agencies or officials or hold interagen- cy meetings. Examples: Conversion of large old single-family dwellings to multi -family use; com- mercial marinas, mass transit stations. TABLE 1. STANDARD RATIOS BY LAND USE INTENSITY SECTORS Applying to specified residential uses other than in planned developments. The following standard ratios shall apply to attached dwellings, multiple dwellings, hotels, residence hotels, apartment hotels, rooming houses, tourist homes, boarding houses containing rental quarters for five or more persons, and fraternity or sorority houses, depending on the land use intensity sector in which a lot used for such purposes is located: Land Use Intensity Sector Land Use Intensity Rating 1 2 3 4 5 6 7 8 34 40 46 52 58 64 70 76 Standard Ration Residential Floor Area Ratio (FAR) .132 .200 .303 459 .696 1_06 1.60 2.42 Open Space Ratic (OSR) .78 .76 .73 '2 .63 .66 .63 .75 Livability Space Ratio (L SR .55 .52 .46 .42 .40 AC, 43 .51 Recreation• Space Ratio iRSr;' 029 C3f .04f .056 .070 .085 1 i 2 .145 Total Car Ratio iTCRi 1.9 1. • 1 4 1.2 .99 .3", 6C Gross iana area r FAP - Maximum resioentia; t,00r area permitted „rosy land area x 0SR - Minimum open suace req_j,rc�: Gross land area x -SR == Minimum livability soa• •., ra ti:, Gross land area x RSR = M,n,mom recreah'u,. _,.) .•f No. dwelling units x TCR = Numoer of off st.za )a: ; s,: c .yor•=ed (NJhc:e :O�g:i,g 1;L'tS 3'. Ul, lli. arc :� 13 U'.• 3 }ic ..J': ]er'_'d: ,) 2q•. 31 -.c ,cdgi g -units.) 4 Mr. Bair has been consultant to such numerous diversified cities as Honolulu, Anchorage, San Francisco, Norfolk and Atlanta, along with many unitsof local government and private clients. He is a noted author in the zoning field and much in de- mand nationally as a speaker. Dr. Bartley, in addition to extensive consulting ac- tivities, is a Professor of Urban and Regional Plan- ning at the University of Florida. He and Bair have jointly authored a number of widely read publica- tions including a Model Zoning Ordinance. Dr Bartley has been consultant to the State of Florio as well as numerous cities, counties and private clients. Both have served many times as expert witnesses in court on zoning matters. SPEEDING UP THE PERMITTING PROCESS A major feature of the new zoning ordinance in- volves issuance of a series of special permits that are fully discussed in the article on the Proposed Permi.'tmg Systern It is important to understand that unnecessary a lengthy permitting proc� lures can aff-?ct issues a diverse as housing costs a city s investment Gi- mate and ar, indiv!lu�' cihzen's fru;ir�jtion witF' bureaurra: a.t' t ) 1'1 .. , :i Ljl• )n ar ce :,.live n-,� n2p_. tj orote ;* trom c • arb tram ,,; t ;ns of gove-nmzr.' anc ,• need ' ma:< gov-r -rienta, cra;a„ors ,, a t llit,! rn nnc; oase.� or. standards r;a' are far _�n ali. ie believe -e nev: permitting : ri) ;,. the Csty of %,iami to accornoiisn .n ;-ii•:e ance a.ld !lrge jou tD r_ i!ew i. lilu JI�C JUL. agree. TNEPROPOSED NEW PE MfTTWO SYSTEM Permits are major instruments of zoning adminis- tration and enforcement. People who want to build or use property for normal purposes in most districts under the new ordinance will generally be able to do it through routine per- mits, so long as they conform to the rules. Some uses, however, require special attention in varying degrees. They have potential impact on ad- joining property, the neighborhood, or the whole city, which require special review and plan ap- proval, and even attachment of conditions to reduce potential frictions. Traditional zoning includes uses by right — using routine permits — and special exceptions, requir- ing public notice and hearing determinations by the zoning board. In most cities and counties, appeal from decisions of the board created to handle special exceptions is to the courts. The present Miami ordinance departed from usual procedure. Special exceptions were called condi- tional uses, and the appeal from decisions of the Zoning Board went first to the City Commission (which in most jurisdictions does not serve in a judicial capacity) before proceeding to the courts. (This procedure is continued in the draft of the pro- posed new ordinance). Since passage in 1961 of the current ordinance, amendments have been piled on amendments so that there is now a rich variety of conditional uses or special plan approvals involving a variety of pro- cedures, with varying responsibilities for deter- minations and provisions for appeal. in the case of some conditional uses, it is not altogether clear what rules apaly! In short, the present ordinance has over-pro- cedured and over -regulated on a number of routine matters and is confused and confusing on many other matters which really need special attention. The bureaucracy has been driving tacks and spikes with the same sledgehammer (fitted with different handles depending on the circums- tances)! In the proposed ordinance, the first step toward simplification has been to move a number of items previously handled as conditional uses into the use -by -right classification, stating in the ordinance any special limitations or requirements likely to be needed. The next step is to use a set of special permit tools designed to deal with matters ranging from simple to complex. Article 23 of the proposed ordinance sets up such a system and lays out the general regulations. Articles 24, 25, 26, and 28 cover the in- dividual classes of special permits. The system works this way: Class A Special Permits involve temporary uses and occupancies and situations where uses or characteristics of use may have adverse effects on immediately adjoining properties unless some safeguards are established. These are handled en- tirely by the zoning administrator. No formal public notice or hearing is involved. Examples: Home oc- cupations in single-family districts; determinations as to location and character of screening when re- quired in relation to certain uses. Class 8 Special Permits involve technical deter- minations not completely within the expertise of the zoning administrator, and which require referral to appropriate departments or officials. Processing and issuance of permit is handled by the zoning ad- ministrator. No formal notice or hearing required. Examples: Off-street parking facilities with 10 or more spaces (referral for check on traffic engineer - Class D Spsalal pW 1111119 OW SPOGW Excspdoes are handled by the Zoning Board, after receiving recommendations from the planning director. They involve uses and occupancies which may have substantial impact not only on adjacent properties but on entire neighborhoods. Formal public notice and hearing is required for special exceptions but is optional on Class D special permits. Examples: Private recreational facilities, or group care centers, in residential districts; public incinerators, solid waste facilities in governmental use districts. Major Use Special Permits involve uses tivities of such magnitude and character that they impact the City generally. Determination in this substantively important (but small numerically) class of special permits is by the City Commission, following referrals to the Planning Advisory Board, the planning director, and such other agencies as are important. Examples: Residential development in excess of 400 dwelling units, major heliport in the central business district. Under this system, simple problems get simple and expeditious regulatory treatment. As complexity of the problem increases (or its possible adverse effects involve larger areas), regulatory handling is altered accordingly. NATIONALLY FAMOUS CONSULTANTS WRITE MAIMI'S NEW ZONING ORDINANC Frederick H. Bair, Jr and Dr. Ernest R. Bartley, the consultants chosen by Miami to draft a badly needed new zoning ordinance, together represent over 50 years of nationally recognized experience in the field of land use controls. Mr. Bair has been consultant to such numerous diversified cities as Honolulu, Anchorage, San Franricr.n Nnrfnik and Atlanta ajnnn —ith manv DISTRICTS WITH REGULATIONS SET OUT IN TEXT AND NOT INCLUDED ON SCHEDULE Three classes of districts have regulations set out in the text of the ordinance, rather than as entries on the schedule of district regulations, because of the nature and complexity of the controls applied: 1. PD Planned Development districts 2. SPi: Special Public Interest districts 3_ HC: Historic and Cultural Conservation dis- Planned Development The present ordinance takes a variety of ap proaches to planned development, development which is planned and carried out as a coordinated and unified process in accord with general regula- tions and specific standards for the particular development. Proposed Article 5 changes present procedures. straightens out some present incon- sistencies, and provides a solid groundwork for meaningful utilization of this innovative technique Article 5 is a general article covering intent, require- ments, and procedures in relation to all forms of planned development, making it unnecessary to repeat such material for each type. u ww. PROPOSED MIAMI LAND USE INTENSITY SECTORS (For application in lot -by -lot development) -- -- --- --- - - I I I Land -Use LUI RATIOS LUI RATIOS X LIVING UNITS 1 t n- LUI X GROSS LAND AREA ne sity Sector Floor Open Livability Recreation Occupant Total Ratings Area Space Space (LSR) Space (RSR1_ Car (OCR) Car (TCR) (LUI (FAR) (OSR) _ _ 30 .100 .80 .65 025 2.0 2.2 31 .107 .80 .62 D26 1.9 2.1 32 .115 .79 .60 .026 1.9 2.1 33 .123 .79 .58 .028 1.8 2.0 1.9 34 1 .132 .78 .55 .029 1.7 3 .141 .78 .54 .030 1.7 1.9 is 36 .152 .78 .53 .030 1.6 1.6 is 37 .162 .77 .53 .52 .032 .033 1.5 1.7 38 39 .174 .187 .77 .77 .52 .036 1.5 1.7 40 2 .200 .76 .52 .036 1.4 1.6 41 .214 .76 .51 .039 1A 1.6 15 42 .230 .75 .51 .039 1.4 1.3 1.5 43 .246 .75 .49 .039 PD-H• Planned Development -Housing Districts. Proposed Article 6 sets out regulations for planned residential development. Existing Article IX. R-PD Low Density Planned Development. covers only amendments creating such districts from districts previously zoned for low -density one and two- family districts. As proposed. PD-H districts may be created by amendment from within the boundaries of any district which permits residential use, with the density (or intensity) governed by the LUI sector indicated. Thus intensity is pre-set in accordance with the Plan, and is not a matter to be determined arbitrarily in each case. In recognition of the economies in land use and the other advantages of planning and development on a unified basis. stan- dard land use intensity (LUI) ratios applying to PD- H districts allow somewhat more intensive use than is permitted lot -by -lot development in the same LUI sector PD-HC: Planned Development -Highway Com- mercial Districts. In the present ordinance, Article XIII, C-1A: Planned Shopping Center Districts. es- tablishes controls for shopping centers. As pro- posed, Article 9, Planned Developments. Highway Commercial, sets regulations for planned develop- ments for not only shopping centers but also for a wide variety of other planned complementary groupings of commercial and service activities along major traffic arteries. PD-MU: Planned Development -Mixed Use Dis- trict. Here, the intent of Article 12 of the proposed ordinance is to provide for planned developments combining residential with commercial, service. and/or office uses. Land use intensity sectors again control intensity of development, keeping the 0 V U4Z 1.3 1.0 acme of oevelopment in nne with V= of surmuno- �. 45 .eoa .283 .1 .74 .may .48 .042 1.2 1.4 ing neighborhoods. 46 3 .303 .73 .46 .046 1.2 1 A 47 .325 .73 .46 .046 1.2 1.3 SPI: Special Public Interest Districts. The 48 .348 .73 .45 .049 1.1 t.3 Special Public Interest (SP) district regulatory ap- 49 3.5 .373 .72 .45 .052 1.1 1.3 proach represents an innovative but tested techni- 50 .400 .72 .44 .052 1.1 1.2 que which will make Miami zoning serve public pur- 51 .429 .72 .43 .055 1.0 1.2 poses more effectively. The technique is to be dis- 52 4 .459 .72 .42 .056 1.0 1.2 tinguished from that of planned development (through the present zoning ordinance has not al- 53 .492 .71 .41 .059 .99 1.1 ways done so). 54 .528 .71 .41 .062 .96 1.1 1.1. Article 15, SPI: Special Public Interest Districts in 55 56 .566 .71 .40 .062 .065 .93 .90 1.0 the proposed ordinance begins by stating intent 57 .606 .650 .70 .70 .40 .40 .065 .87 1.0 concerning special public interest districts and 58 5 .40 .070 .84 .99 setting ground rules as to how they are to be estab- .696 .69 -- lished. In areas which are of special and substantial 59 .746 .69 .40 .075 .82 .96 public interest, districts created in this form are 60 .800 .68 .40 .080 .79 .93 shown either (1) by amendment to the zoning atlas A. 61 .857 .68 .40 .080 .77 •90 itself or (2) by overlay. 62 .919 .68 .40 .083 .74 •87 Where there is amendment to the atlas, the SPI con- 63 .985 .68 .40 .085 .72 trols replace the regulations of the basic zoning 64 6 1.06 .68 .40 .085 .70 83 classification. Where the overlay is used, the basic 65 1.13 .41 .090 .68 All zoning controls remain in eftectwith the additional 66 1.21 .67 .67 .41 .097 .66 .79 SPI requirements. Overlay use of the SPI approach 67 1.30 .67 .42 .104 .64 .77 is found in the proposed ordinance: 68 1.39 .68 .42 .104 .62 .75 i 69 1.49 .68 .43 .104 .60 .73 70 7 1.60 .68 .43 .112 .58 .71 SPI.3: Coconut Grove Major Streets. This suc- cessor to the present XXI-4, SPD-2: Coconut Grove 71 1.72 .68 .45 .115 .57 .69 Special Overlaydistrict leaves most regulations ap- 72 1.84 .69 .46 .115 .56 .67 plying to the residential and commercial areas unaffected, but in proposed Section 1530-1534, 74 2A 1 .71 .49 .127 .52 .63 requirements for a Class C special permit for i 75 2.26 .72 .50 .136 .50 .61 development are set out. The intent is to assure a 76 8 2.42 .75 .51 .145 .49 .60 measure of architectural conformity and to 77 2.60 .76 .52 .145 .47 .58 preserve desirable vegetation and other natural 78 2.79 .81 .56 .145 .46 .56 features. For the area included in the overlay, a 40 t 79 2.99 .83 .57 .150 .45 .55 foot height control overrides those which would 80 9 3.20 .86 .61 .160 .44 .54 otherwise apply. 1 5 8PI-4: &ickell Avenue Major Streets. Sections 1540-1543 of the proposed ordinance establish this overlay district, which is designed to insure that the character of certain areas along major streets in the Brickell sector is preserved. This overlay modifies underlying general regulations, and re- quires Class C special permit determinations to preserve existing vegetation and other natural features. It establishes yards of extra depth adja- cent to portions of Brickell Avenue. SPI districts in the proposed ordinance taking the place of conventional districts are: SPI-1: Martin Luther King Boulevard. In the cur- rent ordinance, Article XVI— 1 establishes the C-4A. Boulevard Commercial District In the pro- posed version, provisions to much the same effect appear at Sections 1510-18. Intent is to guide development and redevelopment in a pattern con- centrating commercial and service facilities near arterial intersections, with residential uses in such. areas restricted as to location in order to encourage pedestrian shopping flow. Assembly of land is en- couraged by requiring at least 50,000 sq. ft. of gross lot area before maximum floor areas can be used, and provision is made for transfer of development rights across district boundaries to facilitate development at this scale. At the arterial commer- cial and service nodes, LUI sector 7 requirements and limitations apply. Elsewhere along the Boule- vard, the LUI sector 6. SPI-2: Coconut Grove Central Commercial Dis- trict This district is an adaptation of present Article XIV-1, C-2A: Special Community District. Proposed controls are at Sections 1520-1529. Here the special public interest is in maintaining desirable elements of existing character by encouraging uninterrupted retail and service frontage along designated pedestrian streets, in combination with residential uses abowi or behind such establish- HC: Historic and Cultural Conservation Districts Even a city as recent in origin as Miami has areas with concentrations of structures or uses, and in- dividual structures and premises, with historic and/ or cultural significance. Proposed Article 16, HC: Historic and Cultural Conservation Districts, pro- vides a means for preservation and protection. As in the case of SPI designation, regulations applying to HC districts may completely supplant prior con- trols, or may merely modify regulations remaining applicable. Suggested regulations provide for establishing boundaries not only for the area or premises directly involved, but also for transitional ap- proaches. so that (for example) where general regulations applying in areas bordering an HC dis- trict would otherwise permit signs or uses inap- propriate to the character being preserved, special limitations would apply. No HC districts have been mapped for the City at this time. The provisions are for future use. WHY A SCHEDULE OF DISTRICT REGULATIONS? A schedule of district regulations is an important element of a modern zoning ordinance. In the present ordinance, regulations for individual districts are part of the text, and run on for well over 100 pages. Cross-referencing creates a bewilder- ing maze, partly because of the original organiza- tion and partly, again, because amendments have created blind alleys, false leads, conflicts, and in- consistencies. What may be done at present with a lot in a C-2, Community Commercial district? Article XIV, Sec- #;--. 1 a.w-.:n.. -- -. C7 .-.-.. 4 4 77% ...;*I..--A—.......- HOW TO READ AND UNDERSTAND IN THE SCHEDULE OF DISTRICT REGULATIONS The schedule organizes district regulations on sheets divided vertically into columns dealing with regulatory subject matter, and horizontally into bands for individual districts (or in some cases groups of related districts). Thus in the case of the C-1 example cited above, the lot owner could locate the sheet on which commercial districts are grouped and read across, in the C-1 band, the basic regulations applying. There are still inclusions by reference from other districts, but cross-referenc- ing is greatly simpw ed because the material sought appears in the same column on the same sheet, or at worst in the same column on a preced- ing sheet. Notes at the heads of the columns refer users to the text of the proposed ordinance and guide them to detailed interpretations, rules, etc. grouped in Arti- cle 20, General and Supplementary Regulations. Some of the more important interpretive provisions are discussed below in relation to the column to which they apply. Taking the columns as they ap- pear from left to right: Intent 1 This column states the purpose in establishing the district, an important guide to those drafting the regulations, the public and the courts (in determin- ing whether the regulations are substantially rel- ated to the stated purposes and are reasonably minimal in relation to their objectives). Many of the districts in the present ordinance do not have these statements. PrinclPal Uses and Structums. Psr nitted ments. Special yard requirements along such streets enlarge the sidewalk area to allow for out- door activity and displays. All development in this district requires a Class C special permit and sign limitations are unusually detailed as a further pro- tection of desirable character. SPi-S: Brickell-Miami River Area. Sections 1550-1559 of the proposed ordinance cover SPI regulations for an area in which high density resi- dential use is encouraged either in separate build- ings or in combination with offices. Retail and ser- vice uses are to be scaled to serve the needs of the district Orientation and design of buildings and rel- ated site improvements are to protect principal views of waterfronts and to assure pedestrian ac- cess. Regulations promote spaced towers with wide pedestrian plazas. Class C special permit re- quirements involve design reviews not only for buildings but for vehicular ways which might affect pedestrian areas. PLANNING ADVISORY BOARD Grace Rockafellar, Chairperson Lorenzo L. Luaces, Vice Chairperson Eduardo Calil Jose Correa Mary Lichtenstein Arsenio Milian Cyril Smith Richard H. Rosichan (Alternate) PLANNING DEPARTMENT Jim Reid, Director Joseph W. McManus, Assistant Director George Acton, Jr., Urban Design Coordinator Richard O. Whipple, Chief Current Planning Jose Casanova, Planner II Susan Groves, Planner I 6 permitted in C-1 Districts subject to the USE REGULATIONS specified in said Districts;' and adds a page of other uses. To find out what was brought forward from C-1, it is necessary to turn to Article XII, p. 48 (rev. 1-1-78), which begins by in- corporating uses permitted in R-C (turn to Article XI, p. 45, rev. 1-1-78), which begins by incorporat- ing uses permitted in R-2 (turn to Article VI, p. 28. rev. 1-1 -79),which turns out to be the end of the line on uses permitted. Somewhere along in there things also move back and forth from uses permitted by right to conditional uses. It isn't altogether clear by the time we arrive in C-1 which provision applies, or if the matter is a conditional use, which of the various types applies. Each of the articles of the present ordinance just listed, and others dealing with particular districts, include sections on limitations on uses, lot area re- quirements, yards, and height. Some districts regul- ate building bulk by floor area ratio and some by other means. But even after all this has been researched, we don't know about off-street parking and loading re- quirements or about sign controls. For these we must look elsewhere in the present ordinance. There is nothing in the present ordinance beyond the powers of a trained legal navigator or a person who works daily with the document, but it can be a little rough on the public. There is a better way and it has been used in the proposed ordinance. The basic regulations for most districts appear in schedule form. (Mention has already been made of a few districts where com- plexity of controls or unusual requirements require treatment in the text) The schedule format reduces bulk and increases clarity and ease of understand- ing. The average citizen can see in one place the basic zoning requirements applying to his property. Generally or Permissable by Special Permit Here the top portion of the entry lists principal uses which are permitted generally (uses by right). Most district entries will have a second grouping under the head "Permissible Only by Special Permit;' with individual entries indicating not only the type of use but the type of special permit involved (Class A, B, C, D, special exception, or major use). Accessory Uses and Structures, Permitted Generally or Permissable by Special Permit. Here again there is the division into "by right" and special permit groups, since some uses which have become customarily accessory, and are clearly in- cidental, to principal uses may create special prob- lems and thus require special regulatory attention. Transitional Uses and Structures. In some districts, and for some uses, the present or- dinance sets transitional controls where there is likely to be friction among uses along district boun- daries — special limits on height, yards, or screen- ing on kinds of activities permitted. Proposed con- trols do the same thing in a systematic manner, and add a device which may be helpful in preventing in- vasions where commercial or individual districts eat into residential uses in the same frontage. In the non-residential district, uses most likely to cause friction are restricted along the boundary, and in the residential district slightly higher intensity of use is allowed in the boundary strip. Thus on the first lot adjacent to a common bound- ary in a commercial district, drive-in facilities and service stations are prohibited. On the boundary lot in a single-family district, a two-family dwelling or small office is allowed. This lessens the probability that the non-residential district will intrude its way into the residential area by arguments that "no one wants to live next to a gas station or drive-in" Tran- sitional requirements and limitations are divided into two classes, side and rear. 44t 0 Minimum Lot Requiroments. This column lists minimum areas and widths for lots. Remember, as previously noted, that gross lot area is the basis on the proposed ordinance for the determination of minimums involving uses subject to land use intensity (LUI) requirements. Minimum Open Space Requirements. This column groups a series of related require- ments and limitations: Depth or Width of Yards. Here fixed minimums are established for front, side, rear, and waterfront yq&These are generally about as required in the pre t ordinance with two exceptions, one minor and the other of considerable importance in in- creasing flexibility in design The minor exception is to set a fixed minimum for side yards. without regard to the width of large lots. Thus for single-family districts, the current figure is 5 feet or at least 10°, of the width of the lot, but not to require more than 10 feet. As proposed, the minimum becomes 6 feet. If 6 feet is enough, it is enough, and the fact that some lots are wider than the minimum required should not add to the side yard minimum. Of greater significance is the shift to a rear yard of the same minimum dimension as the side yard. Here we drop our concern for separating stable and snj&ehouse from the main house (as mentioned in tloduction) and substantially increase poten- tials for flexibility in building design and orientation. An example of the effects are as follows. On a 100x 100 foot lot in a single-family district as shown below, current minimum yard requirements, includ- ing the 10%-of-width side yard rule, leave an area 60 x 80 feet within which the house may be built. As proposed, the 74 x 88 toot buildable area repre- sents a gain of over 30%. low of So a limit is set on maximum lot coverage, and here, even in single-family districts, the limitation is based on gross lot area, to recognize the effect of adjoining permanent open space. If the 100-foot lot is an interior lot, it will generally have at least 1,000 sq. ft. of landscaped area in the street right-of-way, and credit should be given for this and similar areas for landscaping and percolation of storm water. Minimum Livability Space, or Pedestrian Open Space. In the present ordinance, many of the dis- tricts have requirements for 'usable open space" This is a little misleading unless the definition is consulted. The term refers to areas used for "out- door living, recreation or landscaping" and areas for parking and other service ("also usable" by com- mon usage of language) are excluded The proposed ordinance. using terminology now traditional in the LUI system, calls space like this "livability" space when requirements relate to resi- dential uses For non-residential uses, 'pedestrian open space" covers similar requirements In both cases, it corresponds to "usable open space" as now defined The shift is in language rather than concept. However, the proposed system recognizes the necessity of correlating the amount of 'liveability space" to the intensity of development by a sliding scale instead of the constant amount of required "usable open space" in the present ordi- nance.Oneof theeffectsof the requirement, in both the existing and proposed ordinance, is to assure that open space or lots will not be paved wall-to- wall in driveways, parking space, and service areas. For townhouse and multi -family residential uses, the column entry on livability open space is ex- panded to read: Maximum Floor Area, Minimum Open Space, Livability Space, and Recreation Space. For non-residential (commercial, office, and other applicable classifications) uses, the heading refers Article IV, Section 15, of the present ordinance, en- titled Group Housing, relates to spacing where there is more than one residential building on the same lot. Assuming a tract in present R-3 on which it is proposed to build two two-story (20 toot) build- ings parallel and opposite to each other, each 60 feet long, the present formula for the minimum dis- tance between them adds the lengths plus twice the combined heights and divides by six. Thus 60 plus 60 plus two times 40 equals 200 feet. Dividing by 6 gives 33.3 feet required separation if the build- ings are on one site, as against 18 if they are on ad- jacent lots which is an inconsistent requirement. Here heights and length were considered, but not window orientation, or the effect on adjacent lots. Under the language of proposed Section 2013, with the minimum fixed side yard in the proposed equivalent of present R-3 reduced to five feet, space adjacent to each of the walls involved (two stories high, 60 feet long) would be Walls containing 6 plus 2 times the 2 primary windows. stories plus the 60- 6 + 2S + L foot length divided 10 by 10, or 16 feet Walls containing 2 plus number of secondary windows: stories (2) plus the 2 + S + L 60-foot length divid- 10 ed by 10, or 10 feet Walls containing no Minimum fixed yard windows, or only windows requirement 5 feet for baths, utility rooms, etc. WALLS WITH PRIMARY W11NDON18 0 ra1571NG YARD REOUIREMENTS ^Wr,%+Qw YARD REOUIREMENTS "a eX'" the � l raye by All Buildings. To con - area permissable for construction were covered with a building, the building would cover 6,512 sq. ft. of the 100 x 100 lot. This, plus area in drives, walkways, and other impermeable surfaces, would obviously overcrowd the lot and if repeated on other lots would lead to a number of difficulties, and major storm water runoff problems. to pedestrian open space rather than livability space, and the recreation space requirement is dropped. (Column entries under these headings cross reference to tables. Standard Ratios by Land Use Intensity SectorS, which appear in boxes inset on the schedule sheets. THE BUILDING SPACING SYSTEM Cunt spacing controls for buildings on adjacent lots and on the same lot vary considerably in regulatory techniques used and in effect. proposed controls are derived from the Federal Housing Ad- ministrations's Minimum Property Standards for Multi -Family Dwellings Experience indicates that three elements should determine spacing. The first is the kind of windows involved. It seems logical that for residential uses, exterior space related to principal living room win- dows should bQ greater than that required next to bedrooms or kitchens, and that where walls contain no windows, or only windows for hallways, utility rooms or bathrooms, the least adjacent space should be required. The second element is height of the wall involved. The third is its length. Present controls generally center on height. Thus in Present R-3, Low Density Multiple, the minimum side yard is nine feet, to be increased one foot for every two feet in height above 25 feet. The distance between sides of buildings on adjacent lots would thus be the sum of the required side yards, without regard for lengths of the walls involved, or whether they contained living room, bedroom, or utility room windows. For buildings 25 feet in height or less on adjacent lots, this distance would be 18 feel. D CIIILDING SARCING SYSTM These requirements apply whether or not the build- ings are on the same lot, since each wall has its own spacing requirement and spacing between walls is the sum of the individual requirements. [A minor ex- ception here is that where buildings are on the same lot, spacing adjacent to the third type of wall might not be governed by the minimum fixed side yard requirement. Here city fire or building code Provisions would govern.] On lots side by side (or where both buildings are on the one tot), if the op- posing walls contain living room windows, the sep- aration will be 32 feet. If one contains living room windows and the otheronly bedroom windows, Sep- aration drops to 26 feet. The result under the pro - Posed ordinance is not only greater flexibility in sit- ing structures, but the regulations serve to relate re- quired spacing to the function walls perform. There is no reason to have spacing where you don't need it. THE HEIGHT ENVELOPE SYSTEM Maximum Height irn ine present ordinance, neight in single-family ano iwo-family districts is limited to 211 stories, 30 feet. in two districts called -low den- sity apartment the !,mit is 2 stories, or 25 feet, with a 5-foot increase in maximum height if parking is provided under the building. In "mediurw density multiple;' there is nu absolute limit, except as affected by controls related to air traffic, but a somewhat crude form of light plane control and lot coverage limitation begins, with coverage of the net lot area up to a height of 20 feet limited to 30'.. reducing to 18°c at elevations between 100 and 110 feet. A similar device applies to present "high density multiple" districts, carrying on up to 300 feet at which lot coverage is limited to 8 Current "Residential -Office" districts use the same approach with minor variations on lot coverage by elevations, except for one which established no light planes and another, at low density, where height is limited to 35 feet or 3 stories, with a rise to 40 feet for parking under the building. Other present districts use variations on this type of controls, or establish no height limits except in rela- tion to aviation hazards. In the proposed ordinance, a consistent system is used throughout. Provision is made for an artificially -constructed ground plane (Plane 1) (where lot surface slopes or is irregular) to be used excepton flat lots. Above ground level (or above this plane if the lot is not level), Plane 2 is established at the buildable area boundary (the interior line of re- quired yards, where required) at an elevation in- dicated in the regulations for the district. Light planes slope inward over the lot from the side and sear outer edges of this plane until they intersect REGULATING PARKING - THE ELUSIVE SPACE Off -Street Parking Requirements. Present Article XXIII, Off -Street Parking and Load- ing, Section 4. now establishes requirements for numoer of off-street spaces required for al/ uses in a//districts except the central business district (CBD). This has caused some very real problems For ex- ample. an office binding or store in an outlying shopping center or commercial district is required to provide 1 parking space for each 400 sq. ft. of gross floor area. In high -intensity areas surround- ing the CBD, the same number of parking spaces is required. Since a parking space, plus accessways and maneuvering area, takes up about 400 sq. ft., and since in high land value areas most of the park- ing must be in structures, the effect of the require- ment is that a square foot of parking area must be provided in a parking structure for each square foot of office or commercial space. This is very expen- sive, and has deterred some close -in development. In most zoning ordinances around the country, unlike the present ordinance, parking requirements vary with land use intensity. Thus, a dwelling unit in a single-;amily detached residence in a suburban, low -density location -may require two off-street parking spaces, while a dwelling unit in a high-rise apartment close to the center of the city calls for only half a space. Offices and commercial uses in outlying areas normally require something around the 1 space per 400 sgjt. of the present ordinance, but in areas close to the center, this drops to 1 space to 1.000 sq. ft., more or less. Proposed regulations recognize the differences between low intensity and high intensity areas. Parking requirements for residential, commercial anti nffir- ucP¢ vary by rtiet►irtc enrt 1+•• L.n..�:�•• AN OVERVIEW OF THE NEW RESIDENTIAL DISTRICTS RS: One -Family Detached Residential Districts. Three present districts are restricted to single- family detached dwellings with supporting school, parkand other customary facilities. (Provision is currently made for residential planned develop- ments within these districts, permissible by one of the variations of conditional use permittin cussed early. Under the proposed controls, z Ig amendments will be used for planned develop- ments.) EXISTING SINGLE FAMILY (R•1) itMAX. 7 UNITS PER ACRE The proposed single-family detached districts generally permit this type of residential use only, with supporting facilities like schools and places of worship having stated minimum lot areas and re- quired access to major streets. Parks, playgrounds, neighborhood centers, recreational facilities, museums, libraries and the like are also generally permitted if publicly owned and/or operated. Single family detached districts cover a larger pro- .,vwrn.a.rr .r. stow anasta.. ,rota maximum permissible height If no Plane 3 is estaWiahad, the light planes continue until they in- tersect. (See Section 2016, Height Control En- N9lopes, in the proposed ordinance). On the schedule sheets, Plane 11 heights, light plane angles, and Plane III heights (if a maximum height is set for the district) appear either in the Maximum Height column or in inset tables). If X170PP'L-ANE "'LANE 3 SpA`9�� 2 �� PLANE 1 SIDE FRONT OR REAR OF LOT PLANE 2 wM PLANE 1 I FRONT SIDE OF LOT 9 (Off-street loading regulations, in the proposed or- dinance, like the present one, require the same facilities wherever the use is located, but is con- siderably more sophisticated in setting minimums.) SIGN REGULATIONS FOR A BETTER VIEW Limitations on Signs Intended to be Read From Off The Premises. In both the present and proposed regulations, cer- tain signs are exempted from permit requirements, although they are subject to number and area limitations. In the current ordinance, sign limitations on other varieties vary from district to district or (by groups of districts) but are not carried in the district regulations. They appear instead in Article XXIV, Signs In the proposed controls, definitions, exemptions from permit requirements, and other generally -ap- plicable information on signs appear in Article 20, General and Supplementary Regulations, in Sec- tions 2025 and 2026. But the basic district limita- tions and requirements are carried in the final col- umn of the schedules, making it considerably simpler for the average person to find out what is and is not allowed. HIGHLIGHTS OF DISTRICTS APPEARING ON THE SCHEDULE Most of the area of the City is classified in districts appearing on the schedule as "regular" districts. (Mention has already been made of certain districts which, because of complexity of regulations or unusual situations has resulted in these districts appearing in the text of the proposed ordinance.) Ixn iwn w total cay area than any over category. and because of the nature of the land holdings, in- clude the largest proportion of property owners, although total residential population is higher in other districts because of the densities involved. (Thus in RS-1 districts, present and proposed zon- ing will accommodate approximately 3.3 dwelling units per acre of gross land area (including streets and other area outside residential lot lines). In the RG-4 general residential district, under propo -' zoning in line with the current ordinance on d� sities, the potential is about 140 units per gross acres, or about 40 times the lowest single family density.) Permissible only by special permit are other sup- porting facilities — schools and places of worship with less than required land area or lacking access to major streets, private recreation facilities, day care centers and the like. New transitional provisions allow a two-family dwelling, a small office, or off -site parking on lots in these RS districts which adjoin commercial or in- dus;rial districts at the side, and offsite parking wnere there is transition at the rear lot line. Such parking, in both cases, is by special permit, and covered by limitations intended to minimize ad- verse impacts, spelled out by proposed Sectir� 2018. The highest of the variable parking requirements discussed earlier apply in this low -intensity district, at 2 spaces per dwelling unit for residential use, 1 space per 300 sq. ft. for transitional medical or den- tal offices, and 1 space per 400 sq. ft. for transi- tional general offices. RG: General Residential Districts. Five districts permit the full range of residential uses in the present ordinance, but remain primarily residential in character. In addition, there is one two-family district, permitting townhouses and two- family forms, but not apartments. Some of these dis- tricts have been added since the present ordinance was originally adopted, and all have been subject to changes which were not always improvements. There are two basic problems. Basic density limits jump in major steps, without apparent relation to building types. The five present multi -family dis- tricts have limits of 24, 48, 58, and 96 units per net acre. (Upper limits rise in districts permitting general office and commercial uses in addition to •residential. These are discussed later) And use of multiple controls without testing their effects on each other has lead to unintentional inconsisten- cies Even the names of some of the present districts. as related to the densities permitted. reflect different value judgements at different times Thus R-3. Low Density Mulbpleat around 48 multi -family units per acre, can hardly be said to be low density even in a Miami context Hence R-3A. Low DensityApart- mentwas added to the ordinance, allowing 24 units ButR-4. Medium Density Multiple, allows only 10 units per acre more than R-3 What then is con- sidered low density and what medium > The Miami Comprehensive Neighborhood Plan is considerably more specific and meaningful in its residential density ranges Low density Up to 7 units per acre Low to moderate Up to 14 units per acre Moderate Up to 24 units per acre Moderate to high Up to 48 units per acre High Over 48 units per acre Obviously. the present zoning ordinance does not conform to the adopted Comprehensive Neighbor- hood Plan. In preparing the new ordinance, confor- mity with the Plan being required under State law, it has been possible to correct some of the defects of the present ordinance. Rosldontlal Flow Area Ratios are the primary controls on both building types and population densities. (Number of dwelling units per acre is not limited directly under this system, which avoids the complications under the present arrangement. Floor area may be used in fewer large units, more small units. or any mix likely to meet the anticipated market.) EXAMPLES OF HOW TO COMPUTE FLOOR AREA RATIO Although floor area ratios are not used in Sectors 12 or 3, unless the property is rezoned to a planned development. following are examples of how to ap- ply the ratios in different sectors. Using gross land area of one acre (net area of lots plus open space bonuses), application of residential floor areas assigned to selected LUI sectors has the following effects. At LUI 2, the floor area ratio (FAR) is .200 Multiplying this by one acre (43,560 sq 11) estab- lishes a maximum permissible residential floor area of about 8.700 sq. It. If dwelling units provided with- in this limit averaged 1,000 sq ft.. therewould be 8 7 units per acre. it 1.400 sq It, 6 2 units per acre. Using the same procedure. in LUI sector 3, the floor area ratio is .303. making the maximum per gross acre roughly 13.200 sq. ft of residential floor area, and yielding 13 2 units averaging 1.000 sq 1t or 9.4 averaging 1.400. This range of floor areas might be expected in townhouses In garden apartments. units would probably be smaller Assuming 750 sq. ft. for a garden apartment development, the yield would be about 17.6 units per acre. In the high range. at LUI sector 71he floor area ratio is 1.60, making the maximum residential floor area per gross acre about 70,000 sq. it. to produce 70 . --- __ .. :_ n__- _..-_ — no .,. RG: It;awal RWldeetial Dlettrleb; U1 ad LUI Intemeity Factor. In proposed RG-1, all the uses permitted in single- family districts are allowed, plus townhouses and two-family dwellings. This is the counterpart of the present R-2. Two -Family Dwelling district, and most districts of this kind will fall within LUI sector 3, with maximum units per gross acre (considering proba- ble average square footage of units) at 11 —well within the low to moderate range of the Plan. EXISTING TWO FAMILY (R-2) MAX. 14 UNITS PER ACRE RG-2 adds multi -family dwellings and rooming or lodging houses LUI sectors 4-5 will generally ap- ply to this district, which thus has a range (assum- ing appropriate average unit sizes) of from 26 to 42 units per gross acre (The four most usually applicable LUI sectors here have the effect of producing four subclassifications of the RG-2 district, all with the same permissible full range of housing types, but at intensities in keeping with surrounding neighborhoods and loca- tion in the general city pattern. Thus RG-2 may be used for portions of present R-2 districts suitable for multi -family as well as other types of develop - W1WW lei II Proposed Controls on Intensity (Density) PAW- dential Uses. Proposed controls for residential uses in attached (townhouse) and mufti -family dwellings interrelate requirements in a system carefully tested for effect and internal consistency. (The same system has been adapted to control of non-residential uses in other districts, eliminating the wide variation in control techniques apparent in the present ordinance.) The City is divided, as previously noted, into land use intensity (LU11 sectors These sectors are derived from the FHA Land Use Intensity Rating Chart shown on a previous page which also indi- cates the favorable land use intensity ranges for various building types on the left hand margin. Ta- ble 1 on the schedule of district regulations (shown on an earlier page) sets requirements and limita- tions for the various sectors which cover the City. The zoning atlas indicates the sector numbers of the different areas and those numbers, in turn, indi- cate densities reflected by types of housing for which the sector numbers are appropriate. Thus LUI Sector 1, for very low intensity areas, fits single-family detached housing on large lots LL11 sectors 2 and 3 are appropriate for lower and upper range densities for two story detached two story townhouses and two-story garden a;)artments Areas assigned tn,s sects- numf-)er are aenerally not open now to townhouse or 17iult-f,irr,r!y ust-. but since sector assignments indicat•_ 1nt•',! as to d-.r Sity limits ri .'1', �l)tlir. _Zoning. <f iL•tu'_ �L'Jnlr?_: for piannea to• housmq within areas wou vow yri _om;�atihi: v✓r, ne boring arNa ; to- three sror, apartments tnu iowe` :11)�' o' thus aens,?,, range. anC r-e: story al h:gner it,,- sity and tout story in ,ne lower end of its rangi: �c for 6 favors -iix to ten story mid -rise aoartm,:tnts with Sec'r,jrs 7 ai,d 8 fitting high-rise :�rtn prOgressive;y increa+lr3 n,, rv})ers it SLOii15. U19990 PtG/ay/-Ia -,WV Jy. -a. --- --~ P-4Pr %P JV Y. 750 sq. ft. each. LUI sector 8, with floor area ratio 2.42, would yield roughly 106 units of 1,000 sq. ft., or 140 units averaging 750 sq. ft. Open Space Ratios help determine height of build- ings, as well as insuring adequate light and air. To some extent, this control takes the place of usual fixed yard requirements, althoTigh in the higher LUI sectors open space at above -ground levels, on balconies and improved terraces and roof -tops, is likely to play an important part in meeting require- ments. Thus at LUI sector 2, the open space ratio is .76, meaning that an amount of open space equivalent to 76°0 of gross lot area (including that outside the boundaries of the net lot) must be in open space. Here, all of the required open space will usually be at ground level. As sector numbers rise, the ratio drops somewhat (to a minimum of .68 in LUI sector 7). then rises to .75 in sector 8, where balconies and improved rooftops will be providing a substantial part of the requirement. Livability Space Ratios establish requirements for that part of total open space to be landscaped or otherwtde improved for pedestrian use and enjoy- ment. and barred to vehicles As in the case of total open space ratios these drop progressrve!y from tow intensity s -tor t, those for mid -rise apart- ments and thin ster? u: :,qi,r, nor high-rise whew mprOvet� motto;)., nna n:,, . )niece w0! provide sic) nitlCa'it SJ`iCr� 11M1116 " } 000111 Il-J allu It -on ulaul%'&*1 allu M part of present R-4, with application of the LUI sec- tor ratios providing consistent forms of controls and limitations.) EXISTING MULTIPLE FAMILY (R-3) MAX. 48 UNITS PER ACRE EXISTING MULTIPi-E FIIM;L' ;-3r+i Recreation Space Ratios q.,,rc m nts for MAX. 24 UNITS Pam►; ACRE true or ,1::s;. V'.' r:, r„-3! .: .. r wrt of ­"ahil ,. use hv tit, T�r. Car Ratio H•ar(-- nu^ ;�a � sn_t:' s ;✓crr dwi�li,nq ,: ,, crops from Wf se-t- and their visitors rs se! .0 t :-) saaces tint:. sector 3. whnre rert-rir,:,nents :r conn-.short high-riSa::i RG-J and RG-4 ,,.,. ­)tels, and n+ tt_.: n ;; permittec' al excep- :.: numLY' v: .., ; ', . ;;;propriate within some. norl: ^ , .:r this di ::.. _rttals, con- vatescent rloni :,_ c . I:a zit,; ,ru; ., ,mbination o fice-residential n-,rt or conversion. T nese are dtstr+:ts whit-) gener aly replace present -5, and parts of present 9-4. 9 EXISTING MULTIPLE 1PAMIU9 MAX. 58 UNITS PER ACRE EXISTING MULTIPLE FAMILY (R-5A) MAX. 96 UNITS PER ACRE THE RESIDENTIAL OFFICE DISTRICTS AT A GLANCE The present ordinance has five districts in which it was the intent to retain residential character, but to permit also, either in combination with residences or in separate buildings, office uses at compatible scale. Four of these present districts R-C, R-CA, R- CB and R-CC, are entitled Residential office dis- r� EXISTING RESIDENTIAL MAX. LOOR AREA RATIO 1.5CE (RC) Table 3. Standard Ratios for Non -Residential Uses. fable 3 of the proposed schedule of district regulations modifies the standard (residential) LUI ratios for office, commercial. and other non-resi- dential developments. Principai differences from fable 1. the residential controls. are elimination of requirements for recreation space. and reduction in required pedestrian area from the residential` livability space levels. Lower pedestrian open space ratios reflect the difference in parking area required for non-residential uses. A NEW DISTRICT FILLS A GAP EXWTN10 MULTIPLE FAMILY (R-S) MAX. fie UNRS PER ACRE Rd: (;enteral Residential Districts, Special Situations. Commitment to existing control purposes leads to creation of two districts deviating from the generally applicable RG pattern. Regulations for these ap- pear on a separate schedule sheet entitled -Special Situation Districts." 11111132.11 controls, which replace the existing R-3A district apply to two small areas along Brickell Avenue and Bird Road, in which minimum net lot size for all uses is set at 100 feet lot width, 15.000 sq. IL lot area, and there are slight variations from generally -applicable height regulations. 11111102.2 the successor to the existing R-5A district, covers land east of Brickell Avenue between Rickenbacker Causeway and SE 15th Road. In this district, there are minor exclusions from uses generally permitted in RG-2, and accessory conve- nience establishments and private clubs and lodges are added as special permitaccessory uses. Minimum net lot requirements here are 100 feet in width, and 50,000 sq. ft. in area, except where smaller lots now exist. The most unusual feature of this district is the con- tinuation of the present requirement for improve- ment (as frontage road and landscaping) of the 70 Isat adjacent to Brickell Avenue, and dedication of this improved portion to the City. Residential struc- ttttes ate governed by LUI sector 7 controls. 10 Imm. ano one is merl-l; l rlesioennai-ortice-corrl- marowl dhWicl Uaas pwrnitted in addition b rasi- dantlal vary from ortiose only through ctti0111111 with limited supporting service establishments (hotels, restaurants, banks) to offices and neighborhood retail and service. EXISTING RESIDENTIAL OFFICE (RCA) MAX. FLOOR AREA RATIO A RO: Residential Office Districts Existing controls vary greatly as to regulatory tech- niques used. As suggested for the new ordinance, the LUI tables will apply in RO districts according to sectors indicated on the LUI overlay, with one ex- ception. In a limited area in Coconut Grove (R-CC), buildings containing at least 20% non-residential and at least 30% residential floor area, are governed by a special set of standard ratios falling approx- imately midway between those for LUI sectors 4 and 5 as applied generally in the City. Regulations for districts RO-1 through 4 appear on the second of the schedule sheets. RO-2.1 con- trols, which supplant existing R-CC, appear on the "Special Situation" sheet. Since this is the first dis- trict in which offices are permitted on a major scale as independent uses, sheet 2 of the schedules con- tains a table of standard ratios adapted for applica- tion to office and other non-residential uses. In the R-O districts, maintenance of residentiale charaot� is a auEatentist cons4faration. But has many major complexes of offices and institu- tions where residential use is minor and incidental. Obviously, many of these should not be placed in commercial categories, since they would then be thrown open to the whole range of commercial uses allowed. Where commercial and service uses are allowable in an office -institutional context, they should be only accessory to major uses permitted generally Hence the need for a new district. 0-1: Office -Institutional District Two complex institutional areas in the city, the Medical Center and the Mercy Hospital, require special attention. Although there are only two proposed 0-1 districts, the effect of the LUI sector overlay is to permit selection of appropriate floor area maximums and open space and parking requirements for both resi- dential and non-residential uses in areas zoned O- I. THE NEW COMMERCIAL DISTRICTS Like most cities, Miami has excessive area in "strip commercial" development, which tends to be un- 41 sightly, to create traffic friction and hazards, and to affect adversely the character of adjoining residen- tial neighborhoods. The development is there, and there isn't much zoning can do to make it go away. The situation will improve only through positive pri- vate and public action in redevelopment. vim STRIP COMMERCIAL CR: Commercial-Residential,MW CG: General Commercial Districts. Zoning can hold the line, if the intent stated in the proposed ordinance is carried out. "it is not in- tended to create new CR (or CG) districts, or enlarge the boundaries of such districts as are now established, says the intent statement for this dis- trict'. Zoning can also lessen frictions where new development occurs along common boundaries separating these districts from residential neigh- ioods. .n general, the proposed regulations (and district boundaries) follow the existing patternon uses per- mitted. The LUI sector overlay provides a more con- sistent form of control than current regulations In the three CR districts, which replace C-1. C-2, there are some pedestrian open space requirements, although they are watered down to two-thirds of these applying to most districts. Transitional requirements and limitations provide that where these districts adjoin residential, resi- dential -office, or office -institutional districts at the side or rear, new development must provide yards as for the adjoining districts, erect a protective wall, and observe residential height plane limits. Where the joint boundary is at the side, limitations on ser- ce stations, drive-ins, bars, car washes, and other ntially objectionable uses within 50 feet of the me help smooth the transition. CR-1 to CR-3 Commercial -Residential Districts, in addition to allowing the full range of residential uses (except that hotels for transients are permitted only in CR-3), permit a range of commercial and service uses increasing as suggested by the subti- tle of the three CR districts (neighborhood, com- munity, and general). CG-1 and CG-2: General Camnmwical Districts HOW TO MATCH NEW AND OLD DISTRICTS The conversion chart indicates those existing and proposed districts that are counterparts of each One Family Dwelling One Family Dwelling Two Family Dwelling Low Density Apartment Low Density Multiple Dwelling Medium Density Multiple Dwelling High Density Multiple Dwelling High Density Multiple Dwelling Residential -Office Residential -Office Residential -Office Residential -Off ice -Commercial Special Community Commercial Boulevard Commercial other. Although the districts might not match each exactly, the similarities will be readily apparent when you examine permitted uses. In those cases where the districts are quite different, or new, the chart indicates that no counterpart district exists. One Family Detached Residential One Family Detached Residential Bayshore Drive One Family Detached Residential General Residential (One and Two Family) General Residential General Residential General Residential General Residential General Residential General Residential Residential -Office Residential -Office Residential -Office Residential -Office Brickell Miami River Area Brickell Miami River Area Office Institutional Coconut Grove Central Commercial District Martin Luther King Boulevard Commercial -Residential (Neighborhood) nrwace existing 4,- Ana a.-o oosuec[s, ano nmrr residential uses to hotels (in CG- f only) but further extend other activities to include, in the first district, such things as repair garages, new and used car lots, and adult entertainment or service establish- ments, and in the second, wholesaling, warehous- ing, storage and distribution activities, truck ter- minals, building materials yards, and specified light manufacturing and processing. k%kotrial Districts. toninthe present ordinance, the proposed regula- s include three industrial district classifica- tions, 1-1, Light Industrial, 1-2, Heavy Industrial, and WF-1, Waterfront Industrial. The principal changes in 1-1 and 1-2 have been elimination of archaic language and improvements in controls in transiti- tional areas, giving better protection to adjoining residential districts. WF-l: Waterfront Industrial controls have been substantially reworked, adding to the current listing of marine uses a substantial number of supporting facilities, as appropriate for a major seaport. The Government District GU: Governmental Use. This is a counterpart of the present P-R. Public Park and Recreational Use district and GU: Governmental Use District. The new district reflects coverage of the controls some- 4 at more accurately than the old which listed, in addition to park and recreational facilities, "any building, structure or use of land for municipal use" The proposed use listing is considerably more specific, with special exceptions required for such uses as jails, public incinerators, and airports oper- ated by a governmental authority. The zoning map does not classify all lands or buildings in govern- mental use or ownership as being in this district, but only substantial areas of installations. WF-R: Waterfront Recreational. As in the present controls, these regulations relate largely to major recreational boating complexes and support facilities. None CR-3 Commercial -Residential (General) C-3 Central Commercial CBD Central Business District C-4 General Commercial CG-1 General Commercial C-5 Liberal Commercial CG-2 General Commercial W-R Waterfront Recreational WF-R Waterfront Recreational W-1 Waterfront Industrial WF-I Waterfront Industrial I-1 Light Industrial 1-1 Light Industrial 1-2 General Industrial 1-2 Heavy Industrial P-R Public Park and Recreation None G-U Governmental Use GU Governmental Use RPD None PUN None PAD Planned Area Development None SPD-1 Central Island District None SPD-2 Coconut Grove Special Overlay District SPI-3 Coconut Grove Major Streets None SPI-4 Brickell Area Major Streets None PD-H Planned Development -Housing CAA Planned Shopping Center PD-HC Planned Development -Highway Commercial None PD-MU Planned Development -Mixed Use None HC Historic and Cultural Conservation District THE DOWNTOWN REVISIONS -HOW THESE FIT IN Since 1974 the City has been considering a series of zoning changes in Downtown Miami that were recommended in the Downtown Plan prepared by Wallace, McHarg, Roberts and Todd. These changes are substantial and involve: . creation of three new districts (CBD-1, 2, 3) and a Special CBD Plan . reduction of permitted floor area ratio in the exist- ing C-3 District (CBD-3) .creation of a new medium bulk zoning district (CBD-2) for the downtown .mandating of certain open space and pedestrian amenities. If these changes are adopted, subsequent to citizen discussion and review by the City Commission, the substantive recommendations will be incorporated and converted to the new ordinance. Anyone in- terested in receiving information on downtown zon- ing should call 579-6086 or write the Planning Department at 3342 Pan American Drive, Miami, Florida 33133. CBD: Central Business District regulations do not appear on the schedule as presently distributed, but as an addendum to the text with entries in form corresponding to major column heads. Revisions in regulations for the area have been under study for several years, and rather than delay consideration, the addendum is inserted as a stop -gap In effect, it simply translates existing controls to fit the regulatory system of the proposed ordinance. 11 ,L••.....:.�Ye Y. , Y Yap rPGiYai _.. '' ram' A'a.� .. . ... THE ZONING ATLAS NEW REGULATIONS CAN HELP PRESERVE A SHORT SUMMARY OF THE NEW MAPPING THE ZONING DISTRICTS MIAMI'S HERITAGE ORDINANCE Both the existing (Article IIU and the proposed (Arti- cle 3) ordinance provide for official zoning maps. with rules for ,nterpretation of boundaries. Since Miami is large in area and the maps are required to show considerable detail, the zoning atlas is a sa ble document and copies obviously can't be handed out with the text of the ordinance and the schedule of district regulations The proposed ordi- nance makes provisions for some features not shown on existing maps Land Use Intensity (LUI) Sectors. With the adoption of the LUI system, it is necessary that the entire City be divided into land use intensity sectors- Shown as a part of the zoning atlas, these sector designations control building bulk and poulation density for all except single family dis- tricts. As presently proposed, there will be nine of these intensity sectors (or density bands), with LUI sector 1 applied at the low end of the scale (3-5 dwelling units per gross acre), up to sectors 8 and 9, governing high-rise forms in and around the city center. The densities of the proposed ordinance are for the most part approximately as indicated in the Com- prehensive Plan, with which the new zoning must conform by state law The LUI sectors not only affect basic zoning. They pre-set density and/or building bulk limits as rel- ated to future amendments involving planned development rezoningor reclassification of proper- ty from one designation to another. The same bulk controls (amount of permitted floor area in relation to (A area or floor area ratio (FAR) as it is called) are On a national basis, cities are searching for ways to preserve their historic heritage. and with the pro- posed regulations, Miami will have new directions to travel in its preservation activities Both Transfer f Development Rights and the Historic and Cultural Conservation District can be important resources for saving historic buildings or sites The transfer of development rights from one site where a historic building is located to a nearby site is a proven zoning technique that has saved many national shrines such as Grand Central Sta- tion in New York- Historic and cultural districts also have a proven track record in saving local heritage for the enjoyment of future generations, Savannah, Georgia, was one of the first cities to use this valua- ble preservation resource to their advantage. Although Miami is a young city, it has many historic assets that cry out for preservation and the new or- dinance will provide the proper tools to accomplish this important goal TO OBTAIN INFORMATION Copies of the text and schedule of district regulations of the proposed ordinance may be purchased at the Department of Administration Planning and Zoning Boards, 3318 Pan American Drive, Miami, Florida, 33133, for $20.00. The proposed zoning atlas may be viewed at the Depart- ment of Planning and will be available at public meetings. For information call 579-6848. With the proposed new Miami Zcn,ng Ordinance. a number of contradictions and ambiguities of the present ordinance will be el.minated W th the new document 1 Zoning will be in .:owormily with the adopted Miam, Corrprenensive Plan_ as state law 41 quires. 2. There is increased flexibility in siting of struc- tures and an improved even-handedness in regulation 3. Permitting is more efficient. 4. Modern techniques suitable for future redevelopment of the City are utilized. 5. The amounts and types of regulation are fitted to the activity or use that may be involved. WHO ENFORCES THE ZONING ORDINANCE AND HOW THEY DO IT Once the new zoning ordinance is enacted the job of enforcement will be the responsibility of the Zo41 ing Division of the Building and Zoning Inspectto Department - This Department works extensively with citizens and developers regarding the application of the or- dinance to new development projects or improve- ments to homes and businesses. It accomplishes this task through the review of plans and the is- suance of permits that are fully discussed in the Permit Issuing Catalog published by the City of Miami in 1979. useu rrr me same sectors Tor residential and non- residential buildings, but other, related require- ments vary because of the difference in charac- teristics of residential and non-residential develop- ment Special Public Interest Districts. SPI districts, either overlay or districts in them- selves as the case may be, are shown on the zoning atlas. Other Features. For technical reasons relating primarily to mainte- nance in current and authenticated form, proposed Article 3, Off/cial Zoning A tfas: Official Schedule of District Regulations, adopts both the maps of the atlas and the schedule of district regulations by reference, and sets rules for their interpretation, authentication, and amendment. NEW ORDINANCETO SE REVISED AS NEW ZONING PLANS ARE ADOPTED Basically, the proposed zoning ordinance simply converts the existing districts into comparable dis- tricts in the new ordinance. In many areas of the City, recently adopted or ongoing plans have recommended substantial changes in zoning: for example, the redevelopment plans for the Garment Center, Overtown, and the series of plans being pre- pared for the ten rapid transit stations within the City. These zoning changes have not been incor- porated in the proposed ordinance but will be phased in once the new ordinance is adopted In complex process like this it is necessary to take a snapshot of zoning in the City at one point in time and convert it to the new ordinance. We ask your patience as this transition from the old ordinance to the new ordinance occurs and assure you that adopted plans will be reflected by zoning changes as soon as possible. 12 PARA INFORMACION EN ESPANOL Si usted desea informacion en Espanol a cerca de la propuesta Ordenanza de Zonificacion para la Ciudad de Miami, Ilame al telefono 579-6086 o visite el Departamento de Planificacion, 3342 Pan American Drive. Copies en Espanol de La Guia del Ciudadano de la propuesta Ordenanza de Zonificac16n estaran disponibles en el 314' Pen American Dave / P-O. Boa 330708 k%.—, f lundi 331 i 3 The Zoning Division also enforces the ordinance by responding to citizen complaints and by conduct- ing periodic visual inspections throughout the City to determine if people are abiding by the rules. You can help in this process by knowing the rules and letting the City know if they are being violated. Exer- cising your rights under zoning are important citizen responsibilities, and for the system to work, people must be aware of the rules, and they must be enforced. 4 a