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HomeMy WebLinkAboutPZAB (13939) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-075 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13939 Date Rendered: 7/03/2023 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL TO THE MIAMI CITY COMMISSION OF AN ORDINANCE 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; 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 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 amends 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 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") 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 PZAB has considered the need and justification for the proposed text amendment, as stated herein, including changed and changing circumstances; and Date Rendered: 7/03/2023 City of Miami Page 1 of 15 File ID: 13939 (Revision:) Printed On: 7/3/2023 WHEREAS, the PZAB finds that it is in the best interest of the City and its residents to amend the Miami 21 Code; and WHEREAS, the PZAB recommends approval to the City Commission of the proposed text amendment, as stated herein; NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The PZAB recommends that the City Commission amend 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," 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 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 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: 13939 (Revision:) Printed On: 7/3/2023 Lot Coveraqe on a square foot basis. The value of this cash contribution shall follow the provisions described in Section 3.14.4(b)(3). City of Miami Page 3 of 15 File ID: 13939 (Revision:) Printed On: 7/3/2023 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) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height b. Max. Height c. Max. Benefit Height * As modified through the Flexible Lot Coverage Program 2 Stories 5 Stories 1 Story Abutting D1 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. City of Miami Page 4 of 15 File ID: 13939 (Revision:) Printed On: 7/3/2023 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 _ d. Floor Lot Ratio (FLR) 15,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & Commercial 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 Front c. Side d. Rear 10 ft. min.; 20 ft. min. above 8th Story 0 ft. min.; 30 ft. min. above 8th Story 0 ft. min.; 30 ft. min. above 8th Story e. Abutting Side or Rear 0 ft. min. 1st through 5th Story 10 ft. min. 6st through 8th Story City of Miami Page 5 of 15 File ID: 13939 (Revision:) Printed On: 7/3/2023 T5 F30 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 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. Floor Lot Ratio (FLR) 8 / 30% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 150 du/ac max.* City of Miami Page 6 of 15 File ID: 13939 (Revision:) Printed On: 7/3/2023 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 * Or 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 15,000 sf. max. Floorplate for Residential & Story Lodging 30,000 sf. max. Floorplate for Office & City of Miami Page 7 of 15 File ID: 13939 (Revision:) Printed On: 7/3/2023 a. Lot Area 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 * 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 5,000 s.f. min. 100 ft min. b. Lot Width c. Lot Coverage - 1-8 Stories 80% - 90% max.** City of Miami Page 8 of 15 File ID: 13939 (Revision:) Printed On: 7/3/2023 - Above 8th Story 18,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & Commercial d. Floor Lot Ratio JFLRj 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 r as moairiea in uiagram Y ** As modified through the Flexible Lot Coverage Program 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 & City of Miami Page 9 of 15 File ID: 13939 (Revision:) Printed On: 7/3/2023 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 ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-60) BUILDING DISPO SITION LOT OCCUPATIO N a. Lot Area 5,000 s.f. min. b. Lot Width 100 ft min. c. Lot Coverage - 1-8 Stories 80% - 90% max.** 18,000 sf. max. Floorplate for Residential & - Above 8th Lodging Story 30,000 sf. max. Floorplate for Office & Commercial City of Miami Page 10 of 15 File ID: 13939 (Revision:) Printed On: 7/3/2023 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 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 City of Miami Page 11 of 15 File ID: 13939 (Revision:) Printed On: 7/3/2023 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 Height Zones except T3 * Or as modified in Diagram 9 ** As modified through the Flexible Lot Coverage Program *11 Section 3. The PZAB recommends that the City Commission amend the Miami 21 Code by amending Article 7, titled Procedures and Nonconformities," in the following particulars.2 "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. 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 12 of 15 File ID: 13939 (Revision:) Printed On: 7/3/2023 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). 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). City of Miami Page 13 of 15 File ID: 13939 (Revision:) Printed On: 7/3/2023 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 s/o�prromotc/s'theme+ intcnt of thc particular Tranccct Z1oI-nc /w� hcrc thc 1 1 `cal is Located;TC Tsisten ith g iding principles ofthis 1 ode; and cn �TVrcrn.�. �7�G�QTl1:! there is practical difficulty in otherwise meeting the standards of the Transect Zone, or when doing so promotes energy conservation and Building sustainability. The inability to achieve maximum Dcnsity, Hcight, or floor plats for the Transect shall not be considered grounds for the granting of a Waiver. This Waiver cannot be combincd with any othcr cpccificd Waivcr of thc samc standard. As particular to the nature 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 and promote the intent of the particular Transect Zone. A ten percent (10%) Waiver shall not be combined with any other specified Waiver of the same standard. i. A ten percent (10%) Waiver shall not be applied to the following standards: a. Density; b. Intensity; c. Height; d. Floorplate Area and Length; e. Access aisle width; f. Loading berth type and size dimensional standards; g_ Threshold distances triggering or prohibiting a requirement (except where the ten percent (10%) deviation in the threshold distance would overcome a physical barrier that prevents access, such as a highway or railroad); h. Lot Coverage where a Flexible Lot Coverage program is available; or i. Side and Rear Setbacks on a T5 or T6 Lot sharing an adjacent property line to a T3 Transect Zone. ii. A ten percent (10%) Waiver may be applied to Setbacks, Minimum Building Separation above the eighth (8) floor, and Lot Coverage in a City of Miami Page 14 of 15 File ID: 13939 (Revision:) Printed On: 7/3/2023 T3 Transect Zone (excluding those items listed in i. above) if demonstrated that one (1) or more of the following conditions constrain the development of the site: a. Non -conforming Lots; or b. Dedications greater than five percent (5%) of the Lot area; or c. An irregular shaped Lot; or d. A Lot with an atypical geographical elevation change; or e. Restrictive Easements. iii. A ten percent (10%) Waiver may be applied to other standards of this Code (excluding those items listed in i. and ii. above) if demonstrated that one (1) or more of the following conditions are met: a. Promotes energy conservation and Building sustainability beyond the minimum standards required; or b. Application of a 10% Waiver to the particular standard improves the development in a manner that (i) benefits the public realm, and/or (ii) improves the efficiency of the building without impacting abutting properties; or c. Unique conditions exist with the Lot, Structure, or Building that are not common to other Lots, Structures, or Buildings in the same Transect such that a conventional project cannot be developed. *11 Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 5. It is recommended that new developments under review by the City that have completed prescreen review within ePlan prior to effective date of the ordinance be vested under previous standards. Section 6. This Resolution shall become effective immediately upon its adoption. Reviewed and Approved: Lakisha Hull AICP LEED AP BD+C City of Miami Page 15 of 15 File ID: 13939 (Revision:) Printed On: 7/3/2023