HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14234
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY
BY AMENDING ARTICLE 5, SECTION 5.3.1, TITLED "BUILDING
DISPOSITION (T3)," AND AMENDING ARTICLE 7, SECTION 7.2.3,
TITLED "ALTERATIONS AND EXPANSION OF NONCONFORMITIES,"
TO CLARIFY AND AMEND THE WAIVER PROCESS RELATING TO
ALTERATIONS TO NONCONFORMING SINGLE-FAMILY RESIDENCES
OR TWO-FAMILY HOUSING STRUCTURES; FURTHER AMENDING
ARTICLE 7, SECTION 7.1.2.5 OF THE MIAMI 21 CODE, TITLED
"WAIVER," TO UPDATE THE WAIVER SUMMARY LIST; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR
VESTING; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Arthur Noriega V., City Manager on behalf of The City of Miami
PURPOSE: To clarify and amend the waiver process relating to alterations to nonconforming
single-family residences or two-family housing structures and to update the waiver summary list.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING, AND APPEALS BOARD: On June 14, 2023, recommended approval by
a vote of 9-0.
City of Miami File ID: 14195 (Revision:) Printed On: 12/6/2023
City of Miami
Legislation
Ordinance
Enactment Number:14234
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 14195 Final Action Date: 11/16/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY
AMENDING ARTICLE 5, SECTION 5.3.1, TITLED "BUILDING
DISPOSITION (T3)," AND AMENDING ARTICLE 7, SECTION 7.2.3,
TITLED "ALTERATIONS AND EXPANSION OF NONCONFORMITIES," TO
CLARIFY AND AMEND THE WAIVER PROCESS RELATING TO
ALTERATIONS TO NONCONFORMING SINGLE-FAMILY RESIDENCES
OR TWO-FAMILY HOUSING STRUCTURES; FURTHER AMENDING
ARTICLE 7, SECTION 7.1.2.5 OF THE MIAMI 21 CODE, TITLED
"WAIVER," TO UPDATE THE WAIVER SUMMARY LIST; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR
VESTING; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to
time ("Miami 21 Code"); and
WHEREAS, Waivers permit minor deviations from the Miami 21 Code in certain
specified circumstances as provided in the various Articles of the Miami 21 Code and as
consistent with the Guiding Principles in Article 2 of the Code; and
WHEREAS, the Miami 21 Task Force, appointed by the City Commission, made
recommendations to simplify the review, permitting, and public hearing processes leading to
increased consistency and predictability; and
WHEREAS, this Ordinance proposes to amend the Miami 21 Code to provide applicants
and City of Miami ("City") staff with increased clarity and a more streamlined process as
summarized below:
• Waiver 9. Reduction of setbacks for one-story, non -habitable accessory structures in T3
(Article 5, Section 5.3.1.h). This Miami 21 Code amendment reduces the required
Setbacks for Accessory Structures by following the same Setbacks as Outbuildings. The
proposed amendment removes the Waiver to prevent further Setback reductions and
ensure adequate spacing between buildings.
• Waiver 24. Alterations to nonconforming Single Family or duplex Structures to enlarge a
nonconformity affecting the exterior of the Building or premises (Article 7, Section 7.2.3).
This Miami 21 Code text amendment amends text to be consistent with language used
elsewhere in the Miami 21 Code.
City of Miami File ID: 14195 (Revision:) Printed On: 12/6/2023
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June 14,
2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-069 by a vote
of nine to zero (9 - 0), Item No. PZAB. 7, recommending approval of the Zoning Text Change;
and
WHEREAS, the City Commission has considered whether the text amendment as stated
herein will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood
Plan ("MCNP"), the Miami 21 Code, and other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the text
amendment, including changed or 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 stated herein; and
WHEREAS, the City Commission approves the text amendment, as stated herein;
NOW, THEREFORE, BE IT ORDAINDED BY THE CITY COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Article 5 of the Miami 21 Code is hereby amended in the following
particulars.'
"ARTICLE 5. SPECIFIC TO ZONES
5.3 SUB -URBAN TRANSECT ZONES (T3)
5.3.1 Building Disposition (T3)
a. Newly platted Lots shall be dimensioned according to Illustration 5.3.
b. Lot Coverage by Building shall not exceed that shown in Illustration 5.3.
c. A Building shall be disposed in relation to the boundaries of its Lot according to
Illustration 5.3.
d. In Zone T3-R, one Principal Building consisting of one Dwelling Unit at the Frontage may
be built on each Lot as shown in Article 4, Table 8. In Zone T3-L one Principal Building
consisting of one Dwelling Unit at the Frontage and one Outbuilding may be built on
each Lot. The Outbuilding shall be separated from the Principal Building by a minimum
of ten (10) feet. A Backbuilding may connect the Principal Building and the Outbuilding.
In Zone T3-O, one Principal Building consisting of two Dwelling Units at the Frontage
may be built on each Lot as shown in Illustration 5.3.
e. Setbacks for Principal Buildings shall be as shown in Illustration 5.3. Setbacks may
otherwise be adjusted by Waiver by no more than ten percent (10%).
f. Facades shall be built parallel to a rectilinear Principal Frontage Line or parallel to the
tangent of a curved Principal Frontage Line.
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 File ID: 14195 (Revision:) Printed On: 12/6/2023
g. Setbacks for Outbuildings, pools, tennis courts or other similar recreational facilities shall
be as shown for Outbuildings in Illustration 5.3.
h. Accessory Structures and Accessory Buildings shall follow the setbacks for Principal
Buildings as shown in Illustration 5.3. One (1) Story, non -habitable Accessory Structures
and Accessory Buildings, of a maximum of two hundred (200) square feet or ten percent
(10%) of the Floor Area of the Principal Building, whichever is greater, shall be located in
the Second or Third layer of the property and follow the Setbacks for the Outbuilding as
shown in Illustration 5.3.chall be cotback a minima im of five (5) foot from any side
Property Line and ten (10) feet from any rear Property Line. Setbacks for such structures
may be reduced by Waiver."
Section 3. Article 7, Section 7.2.3 of the Miami 21 Code is hereby amended in the
following particulars.'
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1.2.5 Waiver
The Waiver permits specified minor deviations from the Miami 21 Code; in certain specified
circumstances as provided in the various articles of this Code and as consistent with the
Guiding Principles in Article 2 of this Code. Waivers are intended to relieve practical
difficulties in complying with the strict requirements of this Code. Waivers are not intended to
relieve specific cases of financial hardship, nor to allow circumventing of the intent of this
Code. A Waiver may not be granted if it conflicts with the City Code or the Florida Building
Code.
a. Specific Waivers are described in the various articles of this Code; and are
referenced here only for convenience. The specific parameters of each Waiver are
further described in the articles in which each Waiver appears in this Code.
1. Parking reductions for Elderly Housing or for Adaptive Reuses in Community
Redevelopment Areas (Article 3, Section 3.6.1 and 3.6.7).
2. Setbacks for irregular Lots (Article 3, Section 3.3.3.c)
3. Setbacks for the property to be developed to match the dominant Setback in
the Block and its Context. (Article 3, Section 3.3.5; Article 5, Sections 5.5.1.g,
5.6.1.g and 5.8.1.g)
4. Shared Access for adjoining Lots (Article 3, Section 3.6.3.k).
5. Barbed wire fences in D1, D2 and D3 (Article 3, Section 3.7.2).
6. Review of Development within Neighborhood Conservation Districts for
compliance with NCD regulations (Appendix A).
7. The relaxation of Setbacks or required Off-street Parking for preservation of
natural features of land (Article 3, Section 3.13.1.d).
8. Decrease of required parking by thirty percent (30%) within the half -mile radius
of a TOD (Article 4, Table 4).
9. Reduction of setbacks for one story, non habitable acce-sory structures in T3.
{Article 5, Section 5.3.1.h). Reserved.
10. Substitution of loading berths (Article 4, Table 5).
11. Required parking within one thousand (1,000) feet of the site that it serves
(Article 4, Table 4)
12. Extensions above maximum Heights for church spires, steeples, belfries,
monuments, water towers, flagpoles, vents, ornamental Building features,
decorative elements, or similar Structures. (Article 3, Section 3.5.3, Article 5,
Sections 5.3.2.f; 5.4.2.g; 5.5.2.h; 5.6.2.h, 5.9.2.g and 5.10.2.g).
City of Miami File ID: 14195 (Revision:) Printed On: 12/6/2023
13. Encroachment of mechanical equipment, such as air conditioning units,
pumps, exhaust fans or other similar noise producing equipment for existing
Buildings (Article 5, Sections 5.3.2.d and 5.4.2.d).
14. Service and Parking access from Principal Frontage (Article 5, Sections
5.4.2.e, 5.5.2.e and 5.6.2.f).
15. Pedestrian and vehicular entry spacing. (Article 5, Section 5.5.1.f, 5.5.4.e,
5.6.1.f and 5.6.4.g).
16. Adjustments to Building spacing and to Setbacks above the eighth floor for
Lots having one dimension one hundred (100) feet or less (Article 5, Section
5.6.1.h).
17. Adjustments to Building Disposition in Cl. (Article 5, Section 5.7.2.4.d).
18. Industrial Uses requiring additional Height in D2 and D3 (Article 5, Section
5.9.2.f and 5.10.2.f).
19. Primary and Secondary Frontage Parking placement (Article 5, Sections
5.5.4.d, 5.5.4.e, 5.6.4.d and 5.6.4.e).
20. Reduction of reservoir parking space (Article 6).
21. Gas Station Building Frontage requirement (Article 6).
22. Modifications in Setbacks up to fifty percent (50%) when Liner Uses are
provided along parking Structures in Major Sports Facility. (Article 6, Table 13).
23. Replacement or reconstruction of a nonconforming Structure (other than
Single -Family, duplex or multi -family) destroyed by natural disaster, explosion,
fire, act of God, or the public enemy. (Article 7, Section 7.2.2.b).
24. Alterations to nonconforming Single_Family Residence or duplex Structures to
enlarge a nonconformity affecting the exterior of the Building or premises.
(Article 7, Section 7.2.3).
7.2.3 Alterations and Expansion of Nonconforming Structures
a. Single -Family Residences and Duplexes
1. Interior alterations to a nonconforming Single -Family Residence or duplex for interior
work such as repairs or interior remodeling shall be allowed.
2. Alterations, additions, repairs and maintenance to a nonconforming Single -Family
Residence or duplex shall be permitted as long as there is no enlargement of any
nonconformity that affects the exterior of the Building or premises.
3. Where alteration, addition, repair or maintenance enlarges a nonconformity affecting
the exterior of the Building or premises, the enlargement may be permitted by
process of Waiver from the Zoning Administrator.
*„
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. New Developments under review by the City that have completed prescreen
review within ePlan prior to the effective date of this Ordinance may utilize the previous
provisions of the Miami 21 Code that existed prior to, and were modified by, this Ordinance.
Changes to such projects after prescreen review will continue to be afforded this vesting so long
as the project is substantially similar to the initial submittal that completed prescreen review
prior to the effective date of this Ordinance. No artifice or sham plans used solely as a
placeholder to vest a substantially different project will be permitted to vest under the previous
Miami 21 Code provisions that existed prior to, and were modified by, this Ordinance.
City of Miami File ID: 14195 (Revision:) Printed On: 12/6/2023
Section 6. 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 7. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Httor ey 8/10/2023
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 File ID: 14195 (Revision:) Printed On: 12/6/2023