HomeMy WebLinkAboutO-14242City of Miami
Ordinance 14242
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14889 Final Action Date: 12/14/2023
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 1,
TITLED "DEFINITIONS," TO UPDATE GREEN ROOF DEFINITIONS AND
INTRODUCE INTERMEDIATE LEVEL DEFINITION; FURTHER AMENDING
ARTICLE 3, TITLED "GENERAL TO ZONES," AND APPENDIX J, TITLED
"WYNWOOD NRD-1," TO CLARIFY APPLICATION OF INTERMEDIATE LEVEL;
AND AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," APPENDIX J,
TITLED "WYNWOOD NRD-1," AND APPENDIX P, TITLED "WYNWOOD
NORTE NRD-2," TO UPDATE AND CLARIFY CONFIGURATION STANDARDS
FOR ROOFTOP ELEMENTS AND TO INTRODUCE ADDITIONAL
PROVISIONS FOR ROOFTOP HABITABLE SPACE AND GREEN ROOFS
WITHIN THE T5, T6, D1, D2, AND D3 TRANSECT ZONES; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Sabina Covo
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, on September 24, 2015, Ordinance No. 13561 amended the Miami 21 Code
to include Appendix J: Wynwood Neighborhood Revitalization District ("NRD-1"), which has
been amended under Ordinances Nos.13642, 13805, 13960, and 14134 to support the
continued evolution of the Wynwood neighborhood; and
WHEREAS, on March 25, 2021, Ordinance No. 13987 amended the Miami 21 Code to
include Appendix P: Wynwood Norte Neighborhood Revitalization District ("NRD-2"); and
WHEREAS, on December 12, 2019, Resolution No. R-19-0523 directed the City
Manager to work with the City Administration and the Miami 21 Report Ad Hoc Task Force
("Miami 21 Task Force") to conduct a comprehensive review of the Miami 21 Code, which lead
to the issuance of the Miami 21 Code Report; and
WHEREAS, the Miami 21 Task Force, appointed by the City Commission, made
recommendations to define and incentivize green roofs and simplify the review, permitting, and
public hearing processes leading to increased consistency and predictability; and
WHEREAS, the guiding principles of the Miami 21 Code state that architecture and
landscape design should grow from local climate, topography, history, and building practice, and
those buildings should allow their inhabitants to experience the geography and climate through
energy efficient design; and
City of Miami Page 1 of 19 File ID: 14889 (Revision: A) Printed On: 1/2/2024
File ID: 14889 Enactment Number: 14242
WHEREAS, an amendment to the building configuration standards relating to roof
elements is necessary to introduce design flexibility to meet current practical requirements, to
ensure any negative visual appearance is mitigated, encourage roof outdoor activation, and
remove the need for a Waiver in relation to the height and size of certain roof elements; and
WHEREAS, the proposed amendments to the roof elements standards include
safeguards in relation to their placement, size, height, and design to ensure such elements
harmonize with the overall architecture of the building, do not significantly impact on neighboring
properties, and have their visual appearance mitigated; and
WHEREAS, roof elements are required to comply with the Florida Building Code,
including but not limited to vegetated roof systems that are independent of the roof structure and
use of Notice of Acceptance (NOA) products, as applicable; and
WHEREAS, allowing Habitable Space on the roof creates opportunities to activate the
roof with enclosed amenities or commercial uses that support an associated outdoor
programing; and
WHEREAS, the proposed amendment to allow Habitable Space on the roof does not
extend to residential units, lodging units, or office space to prevent the roof being used as an
additional story or cause negative impacts on neighboring properties; and
WHEREAS, climate change, population growth, and urbanization have exacerbated the
impacts of flooding, habitat loss, and extended periods of high heat on people and
infrastructure; and
WHEREAS, the Miami 21 Code, Section 3.13.2, titled "Heat Island Effect," has the
intention to reduce the heat island effect in the City of Miami ("City") and to consequently reduce
energy consumption and bills for buildings within the City; and
WHEREAS, Intensive Green Roofs are defined and included within the Miami 21 Code
as viable solutions to assist in retaining stormwater runoff and mitigating Heat Island Effect and
appropriately designed, placed, and sized roof elements such as trellises, shade structures, and
green roofs create shade and cover on Buildings that improves energy efficiency and ensures
outdoor spaces are inviting and useable; and
WHEREAS, the creation of resilience and sustainable aspects of the built environment
within the private sector through incentivization may help reach community goals and the City
should seek to capitalize on the economic, social, and environmental co -benefits of nature -
based infrastructure; and
WHEREAS, the United States Environmental Protection Agency notes that "green roof
temperatures can be thirty (30) to forty (40) degrees Fahrenheit lower than those of
conventional roofs and can reduce city-wide ambient temperatures by up to five (5) degrees
Fahrenheit"; and
WHEREAS, pursuant to Section 2-1271 of the Code of the City of Miami, Florida, as
amended ("City Code"), the Climate Resilience Committee ("CRC") serves in an advisory
capacity to the City Commission and recommends changes to the City Code and any City policy
necessary to help the City, its residents, businesses, institutions, and natural systems adapt to,
prepare for, and thrive in the various stresses related to climate change, including but not limited
to greenhouse gases, increasing flood risks, increasing groundwater levels, more intense
City of Miami Page 2 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
storms resulting in high tides and storm surges, increasing high heat days, salt water intrusion,
drought, extreme weather events, and water and vector -borne illnesses; and
WHEREAS, the CRC recommended that the Miami 21 Code be amended for such
purpose as stated herein in relation to green roofs; and
WHEREAS, an amendment to the Miami 21 Code is necessary to replace "Mezzanine"
with new "Intermediate Level" definitions and design flexibility; and
WHEREAS, the Wynwood Business Improvement District recommended that the Miami
21 Code be amended for such purpose as stated herein in relation to the Wynwood NRD-1; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on
November 15, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-
23-109 by a vote of five to two (5-2), Item No. PZAB 6, recommending approval of the proposed
text amendment; and
WHEREAS, consideration has been given to the need and justification for the proposed
changes, including changed or changing conditions that make the passage of the proposed
change necessary; and
WHEREAS, consideration has been given to the goals, objectives, and policies of the
Miam Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and all other City
regulations; and
WHEREAS, after careful consideration of this matter, it is deemed advisable and in the
best interest of the general welfare of the City and its inhabitants to amend the Miami 21 Code
as hereinafter set forth;
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 herein as if fully set forth in this Section.
Section 2. Article 1 of the Miami 21 Code, titled "Definitions," is amended in the
following particulars.'
"ARTICLE 1. DEFINITIONS
1.2 DEFINITIONS OF TERMS
Extensive Green Roof, Extensive: An area atop a roof surface of a Building surfaced with soil
and Florida Friendly Landscaping that are appropriate for South Florida green roof systems,
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.
The added and updated definitions shall be alphabetized.
City of Miami Page 3 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
including ground cover, grasses, herbs, and flowering herbaceous plants, which require little or
no maintenance and no permanent irrigation system. This area will serve to retains stormwater
runoff and to mitigates the Heat Island Effect. The depth of the growing medium shall be a
minimum of two (2) inches and a maximum of six (6) inches. All green -roofing products located
within a High -Velocity Hurricane Zone shall be approved under the Florida Product Approval or
Miami Dade Notice of Acceptance and shall comply with the structural requirements of the
Florida Building Code.
Intensive Green Roof, Intensive: An area atop a roof surface of a Building surfaced with soil
a-r building roofing system that is an assembly of interacting components designed to
waterproof and insulate a building's top surface that includes, by design, a variety of Florida
Friendly plantsFlorida Friendly Landscaping that are appropriate for South Florida green roof
systems —including herbaceous plants and shrubs, and small trees, which require professional
maintenance and an advanced green roof irrigation system —and related landscape elements to
form parks and gardens, including urban agriculture. This area will serve the purpose of
retainings stormwater runoff and mitigatinges the Heat Island Effect. The depth of the growing
medium shall be a minimum of sleight (8) inches. Urban agriculture on roofs--Rrooftep
farms, urban roof farms or vegetable farms_ on roofs are considered Intensive Green Roofs,
requiring higher nutrient applications and focused maintenance. Rooftop farming areas of an
Intensive Green Roof rnust shall be planted with appropriate plan material during non -farming
periods. All green -roofing products located within a High -Velocity Hurricane Zone shall be
approved under the Florida Product Approval or Miami Dade Notice of Acceptance and shall
comply with the structural requirements of the Florida Building Code.
Green Roof, Semi -Intensive: A building roofing system consisting of some components of both
Extensive and Intensive Green Roofs. This area is often used as a garden, retains stormwater
runoff, and mitigates the Heat Island Effect. The depth of the growing medium shall be a
minimum of six (6) inches. All green -roofing products located within a High -Velocity Hurricane
Zone shall be approved under the Florida Product Approval or Miami Dade Notice of
Acceptance and shall comply with the structural requirements of the Florida Building Code.
Intermediate Level: a level contained within the overall Height of a Story. The Floor Area of the
Intermediate Level shall not exceed thirty-three percent (33%) of the Floor Area of the level
below (or fifty percent [50%] in the D1 Transect Zone). Intermediate Levels above the first Story
shall have direct access, in the form of stairs or elevators, from the Habitable Space below that
is interior and independent of the building core or other common areas.
o e
Floor Area below (or fifty percent [50%] in the D1 Transect Zone) which are open to, provide a
view of, or is directly accessible from the Habitable Space below.
Section 3. Article 3 of the Miami 21 Code, titled "General to Zones," is amended in the
following particulars.'
City of Miami Page 4 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
"ARTICLE 3. GENERAL TO ZONES
3.5 MEASUREMENT OF HEIGHT
* *
3.5.2
*
A Story is a Habitable level within a Building with a maximum Height of fourteen (14) feet
from finished floor to finished floor. Basements are not considered Stories for the
purposes of determining Building Height. A ground -level Story may exceed this limit up
to a total height of twenty-five (25) feet and a top_level Story in the T5, T6 Transect Zone
may exceed this limit up to a total height of twenty-eight (28) feet and count as one (1)
Story, if the Building Height does not exceed the maximum Building Height including all
applicable bonuses allowed by the transect at fourteen (14) feet per floor and twenty-five
(25) feet at the ground level. A ground_level Story may exceed fourteen (14) feet up to a
total Height of thirty (30) feet when located in the Special Flood Hazard Area, given that
the finished floor of the ground level meets the Average Sidewalk Elevation. A single
floor level exceeding fourteen (14) feet or twenty-five (25) feet at ground level (or thirty
(30) feet at ground level within the Special Flood Hazard Area), shall be counted as two
(2) Stories; except for T6-36, T6-48, T6-60, T6-80, and D1, where a single floor level
exceeding fourteen (14) feet may count as one (1) story if the bBuilding #Height does
not exceed the maximum height, including all applicable bonuses, allowed by the
transect at fourteen (14) feet per floor. The first two stories total combined Height shall
not exceed thirty-nine (39) feet or forty-four (44) feet in the Special Flood Hazard Area).
The first floor shall be a minimum of fourteen (14) feet in Height or nineteen (19) feet in
the Special Flood Hazard Area. Mezzanines, Intermediate Levels may not exceed thirty-
three percent (33%) of the Habitable Space Floor Area, except in the D1, where
mezzanines Intermediate Levels may not exceed fifty percent (50%) of the Habitable
Space Floor Area. Mezzanines, Intermediate Levels extending beyond thirty-three
percent (33%) of the Floor Area, or fifty percent (50%) of the Floor Area in D1, shall be
counted as an additional floor. The Height of a Parking Structure concealed by a Liner
may be equal to the Height of the Liner; this may result in a Liner Story concealing more
than one level of Parking.
*„
Section 4. Article 5 of the Miami 21 Code, titled "Specific to Zones," is amended in the
following particulars.'
"ARTICLE 5. SPECIFIC TO ZONES
* * *
5.5 URBAN CENTER TRANSECT ZONES (T5)
* * *
5.5.2 Building Configuration (T5)
City of Miami Page 5 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
h. Roof elements shall be permitted as follows:
1. Mechanical equipment on a roof shall be encl d-visually concealed from ground -
level and lateral views by parapets or screens of the minimum #height necessary to
conceal it, and a maximum Height of five (5) feet but said parapets and screens
shall not exceed ten (10) feet.
2. Other oOrnamental Building features, decorative elements, or similar Structures on
a roof may extend up to ten (10) twelve (12) feet in above the maximum Building
#height.
3. Roof decks shall be permitted up to the maximum Height. Trellises and fabric shade
structures on a roof may extend above the maximum Height up to tight (8) twelve
(12) feet in height.
4. Extensions up to ten (10) feet above the maximum Height for sStair; and elevator
enclosures, or mechanical enclosures shall be limited to twenty (20%) of the roof
area, may extend up to eighteen (18) feet in height, unless approved by Waiver_
5. Cooling towers and other non -Habitable Rooms on a roof may extend up to
eighteen (18) feet in height and shall have a minimum setback of ten (10) feet from
the Building Facades.
6. Non -Habitable void space on a roof accommodating the depth of swimming pools;
landscaping; decks; Extensive, Semi -Intensive, and Intensive Green Roof systems;
transfer beams and other structural elements; and/or mechanical systems may
extend up to six (6) feet in height. For the purposes of this subsection only, other
permitted roof elements may extend above the vertical extent of the void space for
the additional height specified. Non -Habitable void space may cover one hundred
percent (100%) of the roof and shall not be counted as Public Benefit Floor Area.
7. Habitable Spaces above the top Story shall comply with the following requirements:
a. may extend up to fourteen (14) feet in height and shall have a minimum
setback of ten (10) feet from Building Facades;
b. may be used as amenity or Commercial Uses identified within Article 4,
Table 3 Building Function: Uses and shall provide associated outdoor roof
programming;
c. shall not be used as Residential Units, Lodging Units, or Office space;
and
d. shall be treated as Public Benefit Floor Area for the first twenty percent
(20%) and 1.5 times Public Benefit Floor Area for the additional twenty
percent (20%).
8. Habitable Spaces, cooling towers and other non -Habitable Rooms, mechanical
equipment, and stair and elevator enclosures on a roof may:
a. cover up to twenty percent (20%) of the roof area; and
b. cover an additional 20% of the roof area, not to exceed a total of forty
percent (40%), when an Intensive Green Roof of an equivalent size of the
additional area is provided and maintained.
City of Miami Page 6 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
9. All roof elements shall be designed to:
a. harmonize with the overall architectural intent of the building;
b. mitigate any negative visual impacts of the additional height and massing
on the roof, and
c. comply with Article 4, Table 12 Design Review Criteria.
10. All roof elements shall be designed and maintained to comply with Florida Building
Code including, where possible, the use of Notice of Acceptance (NOA) products,
and any vegetated roof system shall be independent of the roof structure, to be
verified by the Building Department.
5.6 URBAN CORE TRANSECT ZONES (T6)
5.6.2 Building Configuration (T6)
* *
h. Roof elements shall be permitted as follows:
1. Mechanical equipment on a roof shall be enclosed -visually concealed from
ground -level and lateral views by parapets or screens of the minimum #height
necessary to conceal it, and a maximum Height of but said parapets and screens
shall not exceed ten (10) feet in height for T6-8.
2. Other enclosures for housing stairs, elevators or mechanical equipment or for
oOrnamental Building features, decorative elements, or similar Structures on a
roof may extend up to ten (10) twelve (12) feet abovc maximum in height for T6-
8, unlesc approved by Waiver.
3. Stair and elevator enclosures on a roof in T6-8 may extend up to eighteen (18)
feet in height.
4. Cooling towers and other non -Habitable Rooms on a roof in T6-8 may extend up
to eighteen (18) feet in height and shall have a minimum setback of ten (10) feet
from the Building Facades.
5. There shall be no height limitation for ornamental elements, stair -and elevators
enclosures, mechanical equipment, or cooling towers cxtcnciono on a roof
abovc maximum Height for T6-12, T6-24, T6-36, T6-48, T6-60 and T6-80. Roof
decks shall be permitted up to the maximum Height.
6. Trellises and fabric shade structures on a roof may extend abovc the maximum}
Height up to fourteen (14) feet in height.
City of Miami Page 7 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
7. Non -Habitable void space on a roof accommodating the depth of swimming
pools; landscaping; decks; Extensive, Semi -Intensive, and Intensive Green Roof
systems; transfer beams and other structural elements; and/or mechanical
systems may extend up to six (6) feet in height. For the purposes of this
subsection only, other permitted roof elements may extend above the vertical
extent of the void space for the additional height specified. Non -Habitable void
space may cover one hundred percent (100%) of the roof and shall not be
counted as Public Benefit Floor Area.
8. Habitable Spaces above the top Story shall comply with the following
requirements:
a. may extend up to fourteen (14) feet in height and shall have a minimum
setback of ten (10) feet from Building Facades;
b. may be used as amenity or Commercial Uses identified within Article 4,
Table 3 Building Function: Uses and shall provide associated outdoor roof
programming;
c. shall not be used as Residential Units, Lodging Units, or Office space;
and
d. shall be treated as Public Benefit Floor Area for the first twenty percent
(20%) and 1.5 times Public Benefit Floor Area for the additional twenty
percent (20%).
9. Habitable Spaces, cooling towers and other non -Habitable Rooms, mechanical
equipment, and stair and elevator enclosures on a roof may:
a. cover up to twenty percent (20%) of the roof area; and
b. cover an additional 20% of the roof area, not to exceed a total of forty
percent (40%), when an Intensive Green Roof of an equivalent size of the
additional area is provided and maintained.
10. All roof elements shall be designed to:
a. harmonize with the overall architectural intent of the building;
b. mitigate any negative visual impacts of the additional height and massing
on the roof, and
c. comply with Article 4, Table 12 Design Review Criteria.
11. All roof elements shall be designed and maintained to comply with Florida
Building Code including, where possible, the use of Notice of Acceptance (NOA)
products and any vegetated roof system shall be independent of the roof
structure, to be verified by the Building Department.
5.9 DISTRICT ZONES (D1 AND D2)
5.9.2 Building Configuration (D)
City of Miami Page 8 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
g.
Roof elements shall be permitted as follows:
1. Flat roofs shall be enclosed by parapets of a minimum Height required to conceal
Mechanical equipment on a roof shall be visually concealed from ground -level
and lateral views by parapets or screens of the minimum height necessary, but
said parapets and screens shall not exceed ten (10) feet.
2. Solar Equipment shall be screened unless screening diminishes performance by
greater than fifteen percent (15%) and the Solar Equipment cannot be feasibly
relocated.
3. Other oOrnamental Building features, decorative elements, or similar Structures
on a roof may extend up to three and a half (3.5) feet twelve (12) feet above the
maximum Building in #height.
4. Roof decks shall be permitted up to the maximum Height. Trellises and fabric
shade structures on a roof may extend above the maximum Height up to cight (8)
twelve (12) feet in height.
5. Extensions above the maximum Height for sStair, and elevator enclosures, a
mechanical enclosures or ornament uses only may extend up to eighteen
(18) feet in height shall be permitted by process of Waiver.
6. Cooling towers and other non -Habitable Rooms on a roof may extend up to
eighteen (18) feet in height and shall have a minimum setback of ten (10) feet
from the Building Facades.
7. Non -Habitable void space on a roof accommodating the depth of swimming
pools; landscaping; decks; Extensive, Semi -Intensive, and Intensive Green Roof
systems; transfer beams and other structural elements; and/or mechanical
systems may extend up to six (6) feet in height. For the purposes of this
subsection only, other permitted roof elements may extend above the vertical
extent of the void space for the additional height specified. Non -Habitable void
space may cover one hundred percent (100%) of the roof and shall not be
counted as Public Benefit Floor Area.
8. Habitable Spaces above the top Story shall comply with the following
requirements:
a. may extend up to fourteen (14) feet in height and shall have a minimum
setback of ten (10) feet from Building Facades;
b. may be used as amenity or Commercial Uses identified within Article 4,
Table 3 Building Function: Uses and shall provide associated outdoor roof
programming;
c. shall not be used as Residential Units, Lodging Units, or Office space;
and
d. shall be treated as Public Benefit Floor Area for the first twenty percent
(20%) and 1.5 times Public Benefit Floor Area for the additional twenty
percent (20%).
City of Miami Page 9 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
9. Habitable Spaces, cooling towers and other non -Habitable Rooms, mechanical
equipment, and stair and elevator enclosures on a roof may:
a. cover up to twenty percent (20%) of the roof area; and
b. cover an additional 20% of the roof area, not to exceed a total of forty
percent (40%), when an Intensive Green Roof of an equivalent size of the
additional area is provided and maintained.
10. All roof elements shall be designed to:
a. harmonize with the overall architectural intent of the building;
b. mitigate any negative visual impacts of the additional height and massing
on the roof, and
c. comply with Article 4, Table 12 Design Review Criteria.
11. All roof elements shall be designed and maintained to comply with Florida
Building Code including, where possible, the use of Notice of Acceptance (NOA)
products and any vegetated roof system shall be independent of the roof
structure, to be verified by the Building Department.
5.10 WATERFRONT INDUSTRIAL DISTRICT ZONES (D3)
5.10.2 Building Configuration (D3)
g.
Roof elements shall be permitted as follows:
1. Mechanical equipment on a roof shall be cncloced visually concealed from
ground -level and lateral views by parapets or screens of a minimum #height
required necessary to visually conceal it mechanical equipment but said
parapets and screens shall not exceed ten (10) feet.
2. Solar Equipment shall be screened unless screening diminishes performance by
greater than fifteen percent (15%) and the Solar Equipment cannot be feasibly
relocated.
3. Other ornamental Building features, decorative elements, or similar Structures on
a roof may extend abovc thc maximum Building Heightup to twelve (12) feet in
height.
4. Roof decks shall be permitted up to the maximum Height. Trellises and fabric
shade structures on a roof may extend abovc thc maximum Height up to cight (8)
twelve (12) feet in Height.
City of Miami Page 10 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
5. Extensions above the maximum Height for Stair; and elevator enclosures, a
mechanical enclosures or ornamentsses only may extend up to eighteen
(18) feet in height shall be permitted by process of Waiver.
6. Cooling towers and other non -Habitable Rooms on a roof may extend up to
eighteen (18) feet in height and shall have a minimum setback of ten (10) feet
from the Building Facades.
7. Non -Habitable void space on a roof accommodating the depth of swimming
pools; landscaping; decks; Extensive, Semi -Intensive, and Intensive Green Roof
systems; transfer beams and other structural elements; and/or mechanical
systems may extend up to six (6) feet in height. For the purposes of this
subsection only, other permitted roof elements may extend above the vertical
extent of the void space for the additional height specified. Non -Habitable void
space may cover one hundred percent (100%) of the roof and shall not be
counted as Public Benefit Floor Area.
8. Habitable Spaces above the top Story shall comply with the following
requirements:
a. may extend up to fourteen (14) feet in Height and shall have a minimum
setback of ten (10) feet from Building Facades;
b. may be used as amenity or Commercial Uses identified within Article 4,
Table 3 Building Function: Uses and shall provide associated outdoor
roof programming;
c. shall not be used as Residential Units, Lodging Units, or Office space;
and
d. shall be treated as Public Benefit Floor Area for the first twenty percent
(20%) and 1.5 times Public Benefit Floor Area for the additional twenty
percent (20%).
9. Habitable Spaces, cooling towers and other non -Habitable Rooms, mechanical
equipment, and stair and elevator enclosures on a roof may:
a. cover up to twenty percent (20%) of the roof area; and
b. cover an additional 20% of the roof area, not to exceed a total of forty
percent (40%), when an Intensive Green Roof of an equivalent size of
the additional area is provided and maintained.
10. All roof elements shall be designed to:
a. harmonize with the overall architectural intent of the building;
b. mitigate any negative visual impacts of the additional height and
massing on the roof, and
c. comply with Article 4, Table 12 Design Review Criteria.
11. All roof elements shall be designed and maintained to comply with Florida
Building Code including, where possible, the use of Notice of Acceptance (NOA)
products and any vegetated roof system shall be independent of the roof
structure, to be verified by the Building Department.
*„
City of Miami Page 11 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
Section 5. Appendix J of the Miami 21 Code, titled "Wynwood NRD-1," is amended in
the following particulars.'
"APPENDIX J — Wynwood NRD-1
SECTION 5 — SPECIFIC TO ZONES
5.1 URBAN CENTER TRANSECT ZONE (T5)
*
b. Building Configuration
3. Roof elements shall be permitted as follows:
a. Mechanical equipment on a roof shall be enclosed visually concealed from ground -
level and lateral views by parapets or screens of the minimum #height necessary to
conceal it, and a maximum Height of five (5) feet but said parapets and screens shall
not exceed ten (10 feet).
b. Other oOrnamental Building features, decorative elements, or similar Structures on a
roof may extend up to ten (10) twelve (12) feet above the maximum Buildingin
#height.
c. Roof decks shall be permitted up to the maximum Height. Trellises and fabric shade
structures on a roof may extend abovc the maximum Height up to cight (8) twelve
(12) feet in height.
d. Stair; and elevator, mechanical enclosures, Habitable Space or non Habitablc
Rooms may extend up to eighteen (18) feet abovc the maximumin #height, and shall
be limited to twenty (20%) percent of the roof area unle-c approved by Waiver.
e. Cooling towers and other non -Habitable Rooms on a roof may extend up to eighteen
(18) feet in height and shall have a minimum setback of ten (10) feet from the
Building Facades.
f. Non -Habitable void space on a roof accommodating the depth of swimming pools;
landscaping; decks; Extensive, Semi -Intensive, and Intensive Green Roof systems;
transfer beams and other structural elements; and/or mechanical systems may
extend up to six (6) feet in height. For the purposes of this subsection only, other
permitted roof elements may extend above the vertical extent of the void space for
the additional height specified. Non -Habitable void space may cover one hundred
percent (100%) of the roof and shall not be counted as Public Benefit Floor Area.
e Habitable Spaces on the roof tep-shall comply with the following requirements:
City of Miami Page 12 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
1. may extend up to fourteen (14) feet in height and shall have a minimum setback
of ten (10) feet from Building Facades;
2. may be used as amenity or Commercial Uses identified within Section 4, Table 1
Building Function: Uses ccrving roof dcck programming, but and shall provide
associated outdoor roof programming;
3. shall not be used as Residential Units, Lodging Units, or Office space. Habitablc
Space ; and
4. shall be treated as Public Benefit Floor Area for the first twenty percent (20%)
and 1.5 times Public Benefit Floor Area for the additional twenty percent (20%).
h. Habitable Spaces, cooling towers and other non -Habitable Rooms, mechanical
equipment, and stair and elevator enclosures on a roof may:
1. cover up to twenty percent (20%) of the roof area; and
2. cover an additional 20% of the roof area, not to exceed a total of forty percent
(40%), subject to providing and maintaining at least one (1) of the following:
a. An Intensive Green Roof of an equivalent size of the additional area is
provided and maintained; and/or
b. Art treatment exceeding the minimum standards in Section 5.1.e is
provided and maintained, subject to compliance with the following
requirements:
i. a tangible creation of an Artist; and
ii. compatible with Wynwood's neighborhood character; and
Hi. located above the ground floor and visible from public thoroughfares;
and
iv. approved by the Planning Director with the recommendation of the
Wynwood Design Review Committee (WDRC).
All roof elements shall be designed to:
1. harmonize with the overall architectural intent of the building;
2. mitigate any negative visual impacts of the additional height and massing on the
roof, and
3. comply with Article 4, Table 12 Design Review Criteria.
h. All roof elements shall be designed and maintained to comply with Florida Building
Code including, where possible, the use of Notice of Acceptance (NOA) products
and any vegetated roof system shall be independent of the roof structure, to be
verified by the Building Department.
5.2 URBAN CORE TRANSECT ZONES (T6)
b. Building Configuration
City of Miami Page 13 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
3. Roof elements shall be permitted as follows:
a. Mechanical equipment on a roof shall be enclosed visually concealed from
ground -level and lateral views by parapets or screens of the minimum #height
necessary to conceal it, and a maximum Height of five (5) feet but said parapets
and screens shall not exceed ten (10 feet) in height for T6-8.
b. Other oOrnamental Building features, decorative elements, or similar Structures
on a roof may extend up to ten (10) twelve (12) feet above the maximum
Buildingin #height for T6 8. Roof decks shall be permitted up to the maximum
Height.
c. Trellises and fabric shade structures on a roof may extend above the maximum
Height up to eight (8) fourteen (14) feet in height.
d. Stair -and elevator, mechanical enclosures,_ Habitable Space, or non Habitablc
Rooms on a roof for T6-8 may extend up to eighteen (18) feet above the
rnaximumin #height, and shall be limited to twenty percent (20%) of the roof
ar , unlcss approved by Waiver.
e. Cooling towers and other non -Habitable Rooms on a roof may extend up to
eighteen (18) feet and shall have a minimum setback of ten (10) feet from the
Building Facades.
f. There shall be no height limitation for ornamental elements, stair and elevator
enclosures, mechanical equipment, or cooling towers on a roof for a T6-12
Transect Zone or above.
g_ Non -Habitable void space on a roof accommodating the depth of swimming
pools; landscaping; decks; Extensive, Semi -Intensive, and Intensive Green Roof
systems; transfer beams and other structural elements; and/or mechanical
systems may extend up to six (6) feet in height. For the purposes of this
subsection only, other permitted roof elements may extend above the vertical
extent of the void space for the additional height specified. Non -Habitable void
space may cover one hundred percent (100%) of the roof and shall not be
counted as Public Benefit Floor Area.
h. Habitable Spaces above the top Story shall comply with the following
requirements:
1. may extend up to fourteen (14) feet in height and shall have a minimum
setback of ten (10) feet from Building Facades;
2. may be used as amenity or Commercial Uses identified within Section 4,
Table 1 Building Function: Uses and shall provide associated outdoor roof
programming;
3. shall not be used as Residential Units, Lodging Units, or Office space; and
4. shall be treated as Public Benefit Floor Area for the first twenty percent (20%)
and 1.5 times Public Benefit Floor Area for the additional twenty percent
(20%).
City of Miami Page 14 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
i. Habitable Spaces, cooling towers and other non -Habitable Rooms, mechanical
equipment, and stair and elevator enclosures on a roof may:
1. cover up to twenty percent (20%) of the roof area; and
2. cover an additional 20% of the roof area, not to exceed a total of forty percent
(40%), subject to providing and maintaining at least one (1) of the following:
a. An Intensive Green Roof of an equivalent size of the additional area is
provided and maintained; and/or
b. Art treatment exceeding the minimum standards in Section 5.1.e is
provided and maintained, subject to compliance with the following
requirements:
v. a tangible creation of an Artist;
vi. compatible with Wynwood's neighborhood character;
vii. located above the ground floor and visible from public thoroughfares;
and
viii. approved by the Planning Director with the recommendation of the
Wynwood Design Review Committee (WDRC).
L All roof elements shall be designed to:
1. harmonize with the overall architectural intent of the building;
2. mitigate any negative visual impacts of the additional height and massing on
the roof, and
3. comply with Article 4, Table 12 Design Review Criteria.
k. All roof elements shall be designed and maintained to comply with Florida
Building Code including, where possible, the use of Notice of Acceptance (NOA)
products and any vegetated roof system shall be independent of the roof
structure, to be verified by the Building Department.
*„
Section 6. Appendix P of the Miami 21 Code, titled "Wynwood Norte NRD-2," is
amended in the following particulars.'
"APPENDIX P — Wynwood Norte NRD-2
SECTION 5 — SPECIFIC TO ZONES
*
5.2 URBAN CENTER TRANSECT ZONE (T5)
*
5.2.2 Building Configuration
*
c. Roof elements shall be permitted as follows:
City of Miami Page 15 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
1. Mechanical equipment on a roof shall be en d visually concealed from ground -level
and lateral views by parapets or screens of the minimum #height necessary to conceal
it, and a maximum Height of five (5) feet but said parapets and screens shall not exceed
ten (10 feet).
Other Ornamental Building features, decorative elements, or similar Structures on a roof may
extend up to ten (10) twelve (12) feet ab vc the maximum Buildingin #height.
2. Roof decks shall be permitted up to the maximum Height. Trellises and fabric shade
structures on a roof may extend above the maximum Height up to tight (8) twelve (12)
feet in height.
3. Extensions up to fifteen (15) feet above the maximum Height for sStair; and elevator;
rnechanical enclosures, Habitable Space, or non Habitable Rooms shall be limited to
twenty (20%) of the roof area, unless approved by Waiver may extend up to eighteen
(18) feet in height.
4. Cooling towers and other non -Habitable Rooms on a roof may extend up to eighteen
(18) feet in height and shall have a minimum setback of ten (10) feet from the Building
Facades.
5. Non -Habitable void space on a roof accommodating the depth of swimming pools;
landscaping; decks; Extensive, Semi -Intensive, and Intensive Green Roof systems;
transfer beams and other structural elements; and/or mechanical systems may extend
up to six (6) feet in height. For the purposes of this subsection only, other permitted roof
elements may extend above the vertical extent of the void space for the additional height
specified. Non -Habitable void space may cover one hundred percent (100%) of the roof
and shall not be counted as Public Benefit Floor Area.
6. Habitable Spaces above the top Story shall comply with the following requirements:
a. may extend up to fourteen (14) feet in height and shall have a minimum setback of
ten (10) feet from Building Facades;
b. may be used as amenity or Commercial Uses identified within Section 4, Table 1
Building Function: Uses and shall provide associated outdoor roof programming;
c. shall not be used as Residential Units, Lodging Units, or Office space; and
d. shall be treated as Public Benefit Floor Area for the first twenty percent (20%) and
1.5 times Public Benefit Floor Area for the additional twenty percent (20%).
7. Habitable Spaces, cooling towers and other non -Habitable Rooms, mechanical
equipment, and stair and elevator enclosures on a roof may:
a. cover up to twenty percent (20%) of the roof area; and
b. cover an additional 20% of the roof area, not to exceed a total of forty percent (40%),
when an Intensive Green Roof of an equivalent size of the additional area is provided
and maintained.
8. All roof elements shall be designed to:
a. harmonize with the overall architectural intent of the building;
City of Miami Page 16 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
b. mitigate any negative visual impacts of the additional height and massing on the roof,
and
c. comply with Article 4, Table 12 Design Review Criteria.
9. All roof elements shall be designed and maintained to comply with Florida Building Code
including, where possible, the use of Notice of Acceptance (NOA) products and any
vegetated roof system shall be independent of the roof structure, to be verified by the
Building Department.
5.3 URBAN CENTER TRANSECT ZONE (T6)
5.3.2 Building Configuration
b. Building Heights shall be measured in Stories and shall comply with Article 4, Table 2 of
this Code and be as shown in Illustration 5.2, except as to bonus Height where applicable
according to Sections 3.3 and 3.4 contained herein.
c. Roof elements shall be permitted as follows:
1. Mechanical equipment on a roof shall be visually concealed from ground -level and
lateral views by parapets or screens of the minimum height necessary but said parapets
and screens shall not exceed ten (10) feet in height.
2. Ornamental Building features, decorative elements, or similar Structures on a roof may
extend up to twelve (12) feet in height.
3. Stair and elevator enclosures may extend up to eighteen (18) feet in height.
4. Cooling towers and other non -Habitable Rooms on a roof may extend up to eighteen
(18) feet in height and shall have a minimum setback of ten (10) feet from the Building
Facades.
5. Trellises and fabric shade structures on a roof may extend up to fourteen (14) feet in
height.
6. Non -Habitable void space on a roof accommodating the depth of swimming pools;
landscaping; decks; Extensive, Semi -Intensive, and Intensive Green Roof systems;
transfer beams and other structural elements; and/or mechanical systems may extend
up to six (6) feet in height. For the purposes of this subsection only, other permitted roof
elements may extend above the vertical extent of the void space for the additional height
specified. Non -Habitable void space may cover one hundred percent (100%) of the roof
and shall not be counted as Public Benefit Floor Area.
7. Habitable Spaces above the top Story shall comply with the following requirements:
City of Miami Page 17 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
a. may extend up to fourteen (14) feet in height and shall have a minimum setback of
ten (10) feet from Building Facades;
b. may be used as amenity or Commercial Uses identified within Section 4, Table 1
Building Function: Uses and shall provide associated outdoor roof programming
c. shall not be used as Residential Units, Lodging Units, or Office space; and
d. shall be treated as Public Benefit Floor Area for the first twenty percent (20%) and
1.5 times Public Benefit Floor Area for the additional twenty percent (20%).
8. Habitable Spaces, cooling towers and other non -Habitable Rooms, mechanical
equipment, and stair and elevator enclosures on a roof may:
a. cover up to twenty percent (20%) of the roof area; and
b. cover an additional 20% of the roof area, not to exceed a total of forty percent (40%),
when an Intensive Green Roof of an equivalent size of the additional area is provided
and maintained.
9. All roof elements shall be designed to:
a. harmonize with the overall architectural intent of the building;
b. mitigate any negative visual impacts of the additional height and massing on the roof,
and
c. comply with Article 4, Table 12 Design Review Criteria.
10. All roof elements shall be designed and maintained to comply with Florida Building Code
including, where possible, the use of Notice of Acceptance (NOA) products and any
vegetated roof system shall be independent of the roof structure, to be verified by the
Building Department.
s,d. A Residential level above ground floor commercial space may not count as a story as long
as it is directly accessible from a public ROW, occupies the building's full Second Layer at a
minimum, and the Residential level and Commercial level combined do not exceed 25' in height.
*„
Section 7. 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 8. 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. In addition,
authorization is hereby given to alphabetize the added and updated definitions.
Section 9. This Ordinance shall become effective upon ten (10) adoption after thereof.2
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 18 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024
File ID: 14889 Enactment Number: 14242
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 19 of 19 File ID: 14889 (Revision: A) Printed on: 1/2/2024