HomeMy WebLinkAboutO-14228City of Miami
Ordinance 14228
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14631 Final Action Date: 10/26/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 3,
SECTION 3.5, TITLED "GENERAL TO ZONES/MEASUREMENT OF HEIGHT"
AND ARTICLE 5, SECTION 5.3, TITLED "SPECIFIC TO ZONES/SUB-URBAN
TRANSECT ZONES (T3)," TO INCORPORATE ADDITIONAL HEIGHT
ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN AND CLARIFY
LANGUAGE FOR RAISING STRUCTURES WITHIN THE FLOODPLAIN;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Christine King, Commissioner Manolo Reyes
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the City of Miami's ("City") Zoning Ordinance, which has been amended from time to time
("Miami 21 Code"); and
WHEREAS, on March 23, 2017, the City Commission passed Resolution No. R-17-0146
which recommended the City formally join the Southeast Florida Regional Climate Change
Compact ("SFRCCC"); and
WHEREAS, the SFRCCC establishes the Unified Sea Level Rise projection for
Southeast Florida, which is currently projected at twenty-one (21) to fifty-four (54) inches by
2070; and
WHEREAS, on October 13, 2016, the City Commission adopted Ordinance No. 13640,
which established the Sea Level Rise Committee to study the effects of sea level rise; and
WHEREAS, twenty-four percent (24%) of the City is within the Coastal High Hazard
Area ("CHHA"), as defined in Coastal Management Policy CM-4.1.2 of the Miami
Comprehensive Neighborhood Plan ("MCNP") and Section 163.3178(2)(h), Florida Statutes;
and
WHEREAS, the City has over 12,000 properties within the CHHA, comprising roughly
5,716 acres within the City; and
WHEREAS, the majority of land within the CHHA is designated Civic Institutional on the
Miami 21 Code Zoning Atlas, due to the large amount of land in Port Miami; Due to the
reclaimed nature of the Port, much of the island is actually above the CHHA; and
WHEREAS, the majority of properties within the CHHA are designated "T3," Sub -Urban
Transect, and "T6," Urban Core Transect; and
City of Miami Page 1 of 4 File ID: 14631 (Revision: B) Printed On: 11/13/2023
File ID: 14631 Enactment Number: 14228
WHEREAS, for the safety, wellbeing, and long-term sustainability of life and property,
the City is pursuing changes to the Miami 21 Code to address sea level rise; and
WHEREAS, the Federal Emergency Management Agency ("FEMA") encourages the
incorporation of Freeboard into the construction and reconstruction of properties within areas
prone to flooding, with consideration of future risk due to sea level rise; and
WHEREAS, the addition of Freeboard to height requirements has many benefits,
including reducing the amount of at -risk property from flood damage and reducing National
Flood Insurance Program ("NFIP") premiums for property owners; and
WHEREAS, increased ground -floor height allowances in flood prone areas provide
flexibility for ground -floor improvements to respond to changing infrastructure needs required by
sea level rise while preserving and enhancing quality built -out environments and promoting
increased resilience and sustainability through the life of the structure; and
WHEREAS, the City is recognizing the increasing storm surge risks and adjusting its
policies such as the Peril of Flood Community Planning Requirements; and
WHEREAS, at the November 7, 2022 Climate Resilience Committee meeting, the
Planning Department made a presentation regarding the adjustment of flood management
policies; and
WHEREAS, on October 2, 2023, the Planning Department presented to the Climate
Resilience Committee this proposed ordinance; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
October 18, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
095 by a vote of six to one (6 - 1), Item No. PZAB. 6, recommending approval of the zoning text
amendment; and
WHEREAS, the City Commission has conducted a public hearing on the proposed
Miami 21 Code text amendment; and
WHEREAS, the City Commission has considered whether the proposed text amendment
will further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City
regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed text amendment, as stated herein, including changed and changing circumstances;
and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to amend the Miami 21 Code as specified herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
City of Miami Page 2 of 4 File ID: 14631 (Revision: B) Printed on: 11/13/2023
File ID: 14631 Enactment Number: 14228
Section 2. Article 3, Section 3.5 of the Miami 21 Code is further amended in the
following particulars: 1
"ARTICLE 3
GENERAL TO ZONES
3.5 MEASUREMENT OF HEIGHT
3.5.1
Unless otherwise specified herein, the Height of Buildings shall be measured in Stories. The
height of Fences and walls shall be measured in feet. The Height of Buildings, Fences and walls
shall be measured from the Average Sidewalk Elevation or, where no sidewalk exists, the
average of the record profile grade elevation of the street Abutting the Principal Frontage of the
Building, as determined by the Public Works Department, provided however where Section 20-3
(11) of the City Code defines a higher elevation of the adjacent street, that higher future
elevation shall control. In the event that the Base Flood Elevation, as established by FEMA, plus
Freeboard is higher than the sidewalk or grade elevations, the total Height of the Building but
not the height of Fences and walls shall be measured from the Base Flood Elevation plus
Freeboard."
Section 3. Article 5. Section 5.3.2 of the Miami 21 Code is further amended in the
following particulars:1
"ARTICLE 5
SPECIFIC TO ZONES
5.3 SUB -URBAN TRANSECT ZONES (T3)
5.3.2 Building Configuration (T3)
e. Building Heights shall be measured in Stories and shall conform to Article 4,
Table 2 and be as shown in Illustration 5.3. The first -floor elevation of a Principal
Building shall be a maximum of two and a half (2.5) feet above grade, or Base
Flood Elevation with a minimum of one (1) foot to a maximum of five nine (59)
feet of Freeboard, whichever is higher. A flat roof shall be a maximum of two
Stories and twenty-five (25) feet. A pitched roof shall be a maximum of twenty-
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
City of Miami Page 3 of 4 File ID: 14631 (Revision: B) Printed on: 11/13/2023
File ID: 14631 Enactment Number: 14228
five (25) feet to the eave and shall not exceed ten (10) feet overall Height above
the second Story.
f. The first floor elevation as regulated by 5.3.2.e may be increased a maximum of
three (3) feet above that already allowed in this section, so long as the maximum
height of the structure remains at twenty five (25) feet measured above the
freeboard elevation allowed in this section.
1 g Mechanical equipment on a roof shall be enclosed by parapets of the minimum
Height necessary to conceal it, and a maximum Height of three and a half (3.5)
feet. At the roof, other ornamental Building features may extend up to three and a
half (3.5) feet above the maximum Building Height. Roof decks shall be permitted
at the maximum Height. Trellises may extend above the maximum Height up to
eight (8) feet. Extensions above the maximum Height up to four hundred (400)
square feet for either a stair enclosure or ornamental purpose shall be permitted
by process of Waiver. All extensions including attics shall not exceed ten (10)
feet above the second Story.
g- h. Fences and walls may be located up to and including the Frontage Line to the
following maximum Height. Height of fences and walls shall not exceed four (4)
feet within the First Layer, except aluminum or iron picket and post Fences with
or without masonry posts shall not exceed six (6) feet. Within the Second and
Third Layers, Fences and walls shall not exceed eight (8) feet."
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which
provisions may be renumbered or relettered and that the word "ordinance" may be changed to
"section", "article", or other appropriate word to accomplish such intention.
Section 6. This Ordinance shall become effective ten (10) days after adoption by the
City Commission.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 11/2/2023
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 4 of 4 File ID: 14631 (Revision: B) Printed on: 11/13/2023