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Home My WebLink AboutO-14236City of Miami Ordinance 14236 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14202 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"), BY AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," SPECIFICALLY SECTION 5.5.1, TITLED "BUILDING DISPOSITION," ILLUSTRATION 5.5, SECTION 5.6.1, TITLED "BUILDING DISPOSITION," AND ILLUSTRATION 5.6 TO INTRODUCE A FLEXIBLE LOT COVERAGE PROGRAM, AND BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," SPECIFICALLY SECTION 7.1.2.5, TITLED "WAIVER," TO CLARIFY THE APPLICATION OF WAIVERS AND AMEND THE 'TEN (10) PERCENT' WAIVER; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR VESTING; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez 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 Miami 21 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 the City of Miami ("City") staff with increased clarity and a more streamlined process as summarized below: • Waiver 29. Ten (10) percent Waiver (Article 7 Section 7.1.2.5 of the Miami 21 Code). Revises text to clarify which numerical standards may be adjusted by up to ten (10) percent and provides criteria for applicability of the Waiver; and WHEREAS, this amendment further provides for a flexible lot coverage program; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June 28, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-075 by a vote of seven to two (7 - 2), Item No. PZAB. 3, recommending approval of the zoning text amendment; and City of Miami Page 1 of 15 File ID: 14202 (Revision: A) Printed On: 12/6/2023 File ID: 14202 Enactment Number: 14236 WHEREAS, the City Commission has considered whether the proposed 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 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; and WHEREAS, the City Commission approves of the proposed text amendment, as stated herein; NOW, THEREFORE, BE IT ORDAINED 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 5.5 URBAN CENTER TRANSECT ZONES (T5) 5.5.1 Building Disposition (T5) a. Newly platted Lots shall be dimensioned according to Illustration 5.5. b. Lot coverage by any Building shall not exceed that shown in Illustration 5.5. Flexible Lot Coverage Program Additional Lot Coverage may be approved up to ninety percent (90%) if the proposed Development satisfies at least one (1) of the following conditions: 1. Provision of a Roof Terrace in an amount of square footage equivalent to four (4) times the gross Lot Area obtained from increased Lot Coverage or twenty percent (20%) of the Building roof surface area, whichever amount is greater. 2. Open Space provided off -site in an area of need identified by the City Parks and Open Space Master Plan and the City's Parks Department, at an amount equal to 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 2 of 15 File ID: 14202 (Revision: A) Printed on: 12/6/2023 File ID: 14202 Enactment Number: 14236 the square footage obtained from increased Lot Coverage. The Open Space shall be provided as a Civic Space Type standard within Article 4, Table 7 of this Code. 3. A cash contribution to the Miami 21 Public Benefits Trust Fund or authorized program account equivalent to the Development's Floor Area obtained by increased Lot Coverage on a square foot basis. The value of this cash contribution shall follow the provisions described in Section 3.14.4(b)(3). ILLUSTRATION 5.5 GENERAL URBAN TRANSECT ZONES (T5) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area -With rear vehicular access 5,000 s.f. min.; 40,000 s.f. max. 1,200 s.f. min.; 40,000 s.f. max. b. Lot Width -With rear vehicular access 50 ft min. 16 ft min. c. Lot Coverage 80% - 90% max.* d. Floor Lot Ratio (FLR) N/A e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 65 du/ac max. BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. min. d. Rear 0 ft. min. e. Abutting Side or Rear T4 6 ft. min. Abutting Side or Rear T3 10% of Lot depth** min. 1st through 2nd Story 26 ft. min. above 2nd Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn Prohibited b. Porch & Fence Prohibited c. Terrace or L.0 Prohibited d. Forecourt Permitted e. Stoop Permitted f. Shopfront permitted (T5-L and T5-O only) City of Miami Page 3 of 15 File ID: 14202 (Revision: A) Printed on: 12/6/2023 File ID: 14202 Enactment Number: 14236 g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 5 Stories c. Max. Benefit Height 1 Story Abutting D1 * As modified through the Flexible Lot Coverage Program 5.6 URBAN CORE TRANSECT ZONES (T6) 5.6.1 Building Disposition (T6) a. Newly platted Lots shall be dimensioned according to Illustration 5.6. b. Lot coverage by any Building shall not exceed that shown in Illustration 5.6. Flexible Lot Coverage Program Additional Lot Coverage may be approved up to ninety percent (90%) if the proposed Development satisfies at least one (1) of the following conditions: 4. Provision of a Roof Terrace in an amount of square footage equivalent to four (4) times the gross Lot Area obtained from increased Lot Coverage or twenty percent (20%) of the Building roof surface area, whichever amount is greater. 5. Open Space provided off -site in an area of need identified by the City Parks and Open Space Master Plan and the City's Parks Department, at an amount equal to the square footage obtained from increased Lot Coverage. The Open Space shall be provided as a Civic Space Type standard within Article 4, Table 7 of this Code. 6. A cash contribution to the Miami 21 Public Benefits Trust Fund or authorized program account equivalent to the Development's Floor Area obtained by increased Lot Coverage on a square foot basis. The value of this cash contribution shall follow the provisions described in Section 3.14.4(b)(3). ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-8) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min.; 40,000 s.f. max. b. Lot Width 50 ft min. c. Lot Coverage - 1-8 Stories 80% - 90% max. - Above 8th Story 15,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & City of Miami Page 4 of 15 File ID: 14202 (Revision: A) Printed on: 12/6/2023 File ID: 14202 Enactment Number: 14236 Commercial d. Floor Lot Ratio (FLR) 5 / 25% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 150 du/ac max.* _ BUILDING SETBACK a. Principal Front _ 10 ft. min.; 20 ft. min. above 8th Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8th Story c. Side 0 ft. min.; 30 ft. min. above 8th Story d. Rear 0 ft. min.; 30 ft. min. above 8th Story e. Abutting Side or Rear T5 0 ft. min. 1st through 5th Story 10 ft. min. 6st through 8th Story 30 ft. min. above 8th Story Abutting Side or Rear T4 6 ft. min. 1st through 5th Story 26 ft. min. above 5th Story Abutting Side or Rear T3 10% of Lot depth** min. 1st through 2nd Story 26 ft. min. 3rd through 5th Story 46 ft. min. above 5th Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.0 prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-8-L and T6-8-O only) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 8 Stories c. Max. Benefit Height 4 Stories Abutting all Transects Zones except T3 * Or as modified in Diagram 9 *** As modified through the Flexible Lot Coverage Program ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-12) BUILDING DISPOSITION LOT OCCUPATION City of Miami Page 5 of 15 File ID: 14202 (Revision: A) Printed on: 12/6/2023 File ID: 14202 Enactment Number: 14236 a. Lot Area 5,000 s.f. min.; 70,000 s.f. max. b. Lot Width 50 ft min. c. Lot Coverage - 1-8 Stories 80% - 90% max.*** - Above 8th Story 15,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & , Commercial --d. d. Floor Lot Ratio (FLR) 8 / 30% additional Public Benefit 170% min. e. Frontage at front Setback f. Open Space 10% Lot Area min. g. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8th Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8th Story c. Side 0 ft. min.; 30 ft. min. above 8th Story d. Rear 0 ft. min.; 30 ft. min. above 8th Story e. Abutting Side or Rear T5 0 ft. min. 1st through 5th Story 10 ft. min. 6st through 8th Story 30 ft. min. above 8th Story Abutting Side or Rear T4 6 ft. min. 1st through 5th Story 26 ft. min. 6st through 8th Story 30 ft. min. above 8th Story Abutting Side or Rear T3 10% of Lot depth** min. 1st through 2nd Story 26 ft. min. 3rd through 5th Story i 46 ft. min. above 5th Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.0 prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-12-L and T6-12-0 only) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 12 Stories c. Max. Benefit Height 8 Stories Abutting all Transects Zones except T3 City of Miami Page 6 of 15 File ID: 14202 (Revision: A) Printed on: 12/6/2023 File ID: 14202 Enactment Number: 14236 rOr as modified in Diagram 9 **As modified through the Flexible Lot Coverage Program ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-24) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min.; 100,000 s.f. max. b. Lot Width 50 ft min. c. Lot Coverage - 1-8 Stories 80% - 90% max.** - Above 8th Story 15,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & Commercial _ d. Floor Lot Ratio (FLR) T6-24a: 7 / 30% additional Public Benefit T6-24b: 16 / 40% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8th Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8th Story c. Side 0 ft. min.; 30 ft. min. above 8th Story d. Rear 0 ft. min.; 30 ft. min. above 8th Story e. Abutting Side or Rear T5 ft 0 . min. 1st through 5th Story 10 ft. min. 6st through 8th Story 30 ft. min. above 8th Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.0 prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-24-L and T6-24-0 only) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 24 Stories c. Max. Benefit Height 24 Stories Abutting all Transects Zones except T3 City of Miami Page 7 of 15 File ID: 14202 (Revision: A) Printed on: 12/6/2023 File ID: 14202 Enactment Number: 14236 * Or as modified in Diagram 9 ** As modified through the Flexible Lot Coverage Program ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-36) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min. b. Lot Width 100 ft min. c. Lot Coverage - 1-8 Stories 80% - 90% max.** - Above 8th Story 18,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6-36a: 12 / 40% additional Public Benefit T6-36b: 22 / 40% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8th Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8th Story c. Side 0 ft. min.; 30 ft. min. above 8th Story d. Rear 0 ft. min.; 30 ft. min. above 8th Story e. Abutting Side or Rear T5 0 ft. min. 1st through 5th Story 10 ft. min. 6st through 8th Story 30 ft. min. above 8th Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.0 prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-36-L and T6-36-0 only) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 36 Stories c. Max. Benefit Height 24 Stories Abutting all Transects Zones except T3 * Or as modified in Diagram 9 ** As modified through the Flexible Lot Coverage Program City of Miami Page 8 of 15 File ID: 14202 (Revision: A) Printed on: 12/6/2023 File ID: 14202 Enactment Number: 14236 L ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-48) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min. b. Lot Width 100 ft min. c. Lot Coverage - 1-8 Stories 80% - 90% max.** - Above 8th Story 18,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6-48a: 11 / 50% additional Public Benefit T6-48b: 18 / 50% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8th Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8th Story c. Side 0 ft. min.; 30 ft. min. above 8th Story d. Rear 0 ft. min.; 30 ft. min. above 8th Story e. Abutting Side or Rear T5 0 ft. min. 1st through 5th Story 10 ft. min. 6st through 8th Story 30 ft. min. above 8th Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.0 prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-48-L and T6-48-0 only) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 48 Stories c. Max. Benefit Height 32 Stories Abutting all Transects Zones except T3 * Or as modified in Diagram 9 ** As modified through the Flexible Lot Coverage Program City of Miami Page 9 of 15 File ID: 14202 (Revision: A) Printed on: 12/6/2023 File ID: 14202 Enactment Number: 14236 ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-60) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min. b. Lot Width 100 ft min. c. Lot Coverage - 1-8 Stories 80% - 90% max.** - Above 8th Story 18,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6-60a: 11 / 50% additional Public Benefit T6-60b: 18 / 50% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8th Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8th Story c. Side 0 ft. min.; 30 ft. min. above 8th Story d. Rear 0 ft. min.; 30 ft. min. above 8th Story e. Abutting Side or Rear T5 0 ft. min. 1st through 5th Story 10 ft. min. 6st through 8th Story 30 ft. min. above 8th Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.0 prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-60-L and T6-60-0 only) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 60 Stories c. Max. Benefit Height unlimited Stories Abutting all Transects Zones except T3 * Or as modified in Diagram 9 ** As modified through the Flexible Lot Coverage Program ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-80) BUILDING DISPOSITION LOT OCCUPATION City of Miami Page 10 of 15 File ID: 14202 (Revision: A) Printed on: 12/6/2023 File ID: 14202 Enactment Number: 14236 a. Lot Area 5,000 s.f. min. b. Lot Width 100 ft min. c. Lot Coverage - 1-8 Stories 80% - 90% max.** - Above 8th Story 18,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) 24 / 50% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8th Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8th Story c. Side 0 ft. min.; 30 ft. min. above 8th Story d. Rear 0 ft. min.; 30 ft. min. above 8th Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.0 prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-80-L and T6-80-0 only) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 80 Stories c. Max. Benefit Height unlimited Stories Abutting all Transects Zones except T3 * Or as modified in ** As modified through Diagram 9 the Flexible Lot Coverage Program *11 Section 3. Article 7 of the Miami 21 Code is hereby amended in the following particulars:2 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 2 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 11 of 15 File ID: 14202 (Revision: A) Printed on: 12/6/2023 File ID: 14202 Enactment Number: 14236 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 accessory structures in T3. (Article 5, Section 5.3.1.h) 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). 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). City of Miami Page 12 of 15 File ID: 14202 (Revision: A) Printed on: 12/6/2023 File ID: 14202 Enactment Number: 14236 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 or duplex Structures to enlarge a nonconformity affecting the exterior of the Building or premises. (Article 7, Section 7.2.3). 25. Development of Single Family or duplex Structures on certain nonconforming Lots in T-3 zones. (Article 7, Section 7.2.7). 26. Modification to nonconforming Off-street Parking facilities involving restoration or rehabilitation of an existing Building or an adaptive Use. (Article 7, Section 7.2.8). 27. Modification of the landscaping of nonconforming signs. (Article 7, Section 7.2.9.5). 28. Encroachment of stairs and ramps into the setback for existing buildings being raised above the Base Flood Elevation plus Freeboard. (Article 5, Sections 5.3.2.b, 5.4.2.b, 5.5.2.b, and 5.6.2.c) 29. As appropriate to the nature of the Waiver involved and the particular circumstances of the case, Waivers up to ten percent (10%) of any particular standard of this Code except Density, Intensity and Height, may be granted when doing so promotes tthe�+ intent of the particular Transect Zone where the 1 1 •salt sated; is concicten /Ith gI IId Ing principles of s C Qeand-f there is practical difficulty in otherwise meeting the standards of the Transect Zone, or when doing so promotes energy conservation and Building cu�tainability. The inability to achicvc maximum Density, Height, or floor plate for the Transect shall not be considered grounds for the granting of a Waiver. This Waiver cannot be combined with any other specified Waiver of the same standard. As appropriate to the nature of the Waiver involved and the particular circumstances of the case, a ten percent (10%) deviation of numerical standards specified in this Code may be approved by process of Waiver. Application of this Waiver shall be consistent with the Guiding Principles in Article 2, promote the intent of the particular Transect Zone, and be in compliance with the criteria listed in subsections (a), (b), or (c). A ten percent (10%) Waiver shall not be combined with any other specified Waiver of the same standard. (a) A ten percent (10%) Waiver shall not be applied to the following standards: 1) Density; 2) Intensity; 3) Height; 4) Floorplate Area and Length; 5) Access aisle width; 6) Loading berth type and size dimensional standards (except for vertical clearance); City of Miami Page 13 of 15 File ID: 14202 (Revision: A) Printed on: 12/6/2023 File ID: 14202 Enactment Number: 14236 7) Lot Coverage where a Flexible Lot Coverage program is available; 8) Side and Rear Setbacks on a T5 or T6 Lot for those sides or rear Lot lines sharing an adjacent property line to a T3 Lot; or 9) Distance thresholds triggering the requirement of a cross -Clock Passage. b) A ten percent (10%) Waiver may be applied to Setbacks, Minimum Building Separation above the eighth (8) floor, and Lot Coverage in a T3 Transect Zone (excluding those items listed in subsection (a) above) as follows: It is demonstrated that the Lot has one (1) or more atypical condition(s) as listed below and as such a ten (10%) percent Waiver is justified so as to not disadvantage the Development as compared to a Lot lacking such condition(s). 11 Non -conforming Lots; Z1 Dedications greater than five percent (5%) of the Lot area; Existing legal Buildings that are proposed to remain on the Lot; 4 An irregular shaped Lot; A Lot with an atypical geographical elevation change; Restrictive Easements; or A Lot with an atypical characteristic uncommon to the majority of Lots similarly situated in the City though such characteristic may be common amongst such Lots in the immediate subdivision or Neighborhood. c) A ten percent (10%) Waiver may be applied to other standards of this Code (excluding those items listed in (a) and (b) above) where there is a practical difficulty in complying with the strict requirements of this Code. *11 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. 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. City of Miami Page 14 of 15 File ID: 14202 (Revision: A) Printed on: 12/6/2023 File ID: 14202 Enactment Number: 14236 Section 7. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.3 APPROVED AS TO FORM AND CORRECTNESS: 3 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 15 of 15 File ID: 14202 (Revision: A) Printed on: 12/6/2023