HomeMy WebLinkAboutPZAB (13938) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-23-066
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 13938 Date Rendered: 6/15/2023
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") SPECIFICALLY
BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," TO ADD NEW DEFINITIONS,
ARTICLE 3, TITLED "GENERAL TO ZONES," AMENDING ARTICLE 5, TITLED "
SPECIFIC TO ZONES," TO CLARIFY AND AMEND THE WAIVER PROCESSES
RELATING TO SETBACKS FOR IRREGULAR LOTS, DOMINANT SETBACKS,
SHARED ACCESS FOR ADJOINING LOTS, PRESERVATION OF NATURAL
FEATURES, EXTENSIONS ABOVE MAXIMUM HEIGHTS, ENCROACHMENT OF
MECHANICAL EQUIPMENT, ADJUSTMENTS TO BUILDING SPACING AND TO
SETBACKS ABOVE THE EIGHTH FLOOR, ADJUSTMENTS TO BUILDING
DISPOSITION IN CIVIC INSTITUTIONAL (CI) TRANSECT ZONES, AND INDUSTRIAL
USES REQUIRING ADDITIONAL HEIGHT, AND AMENDING ARTICLE 7, TITLED
"PROCEDURES AND NONCONFORMITIES," TO UPDATE THE WAIVERS
SUMMARY LIST; 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 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 2. Setbacks for irregular Lots (Article 3, Section 3.3.3.c). This amendment
updates the process and criteria through which side and rear setbacks for irregular lots
are established, excluding front and waterfront setbacks.
• Waiver 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 5.3.1.e, 5.4.1.e,
5.5.1.g, 5.6.1.g, 5.8.1.g, 5.9.1.e, and 5.10.1.e). This amendment clarifies which Transect
Date Rendered: 6/15/2023
City of Miami Page 1 of 18 File ID: 13938 (Revision:) Printed On: 6/15/2023
Zones the dominant setback Waiver may be applied to. In addition, the updated text
restricts the Waiver to buildings up to specified heights by clarifying how the dominant
setback may be identified using existing and corresponding physical elements.
• Waiver 4. Shared Access for adjoining Lots (Article 3, Section 3.6.3.k). This amendment
removes the Waiver and allows shared access By Right while maintaining the Covenant
requirement. This amendment provides a more streamlined Building Permit process for
adjoining Lots that share access, driveways, and parking and supports an objective
within the Design Review Criteria (Article 4, Table 12) to minimize the width and
frequency of curb cuts.
• Waiver 7. The relaxation of Setbacks or required Off-street Parking for preservation of
Natural Features of land (Article 3, Section 3.13.1). This amendment expands and more
clearly defines which existing site elements may be adjusted by process of Waiver.
• Waiver 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). This amendment provides a new
Waiver to allow for additional flexibility for rooftop elements within the T4 Transect Zone.
For T3 rooftop stairs and elevator enclosures, the Waiver process is eliminated and
criteria for a By -Right process is introduced.
• Waiver 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). This amendment to the existing Waivers allows
for mechanical equipment to follow the less restrictive outbuilding setbacks within the T3
and T4 Transect Zones and mitigates any ambient impacts on neighboring properties.
• Waiver 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.g,
5.6.1.h). This amendment clarifies that reduced setbacks can only be utilized on portions
of the Lot with a depth less than one hundred (100) feet thereby only permitting Setback
reductions in justifiable situations.
• Waiver 17. Adjustments to Building Disposition in Civic Institutional ("CI") (Article 5,
Section 5.7.2.4.d). Revised text expands the development standards that may be
modified by Waiver allowing greater flexibility for positive design outcomes for Civic
Developments while still responding to the site and neighborhood context.
• Waiver 18. Industrial Uses requiring additional Height in D2 and D3 Zones (Article 5,
Section 5.9.2.f and 5.10.2.f). This proposed amendment replaces the Waiver process by
Warrant process, allowing for the existing Public Benefits Height provisions to be
evaluated against the needs of the proposed Industrial Uses and site's context. The
revised text also updates the Public Benefits Program text to capture existing D1 Zone
bonus height.
• Waiver 27. Modification of the landscaping of nonconforming signs (Article 7, Section
7.2.9.5). This amendment removes the Waiver as this section of the Miami 21 Code
does not exist.
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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, including changed or changing circumstances; and
WHEREAS, the PZAB finds that it is in the best interest of the City and its residents to
amend the Miami 21 Code as stated herein; and
WHEREAS, the 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 Planning, Zoning and Appeals Board ("PZAB") recommends approval to
the City Commission of an ordinance amending Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended, ("Miami 21 Code") specifically by amending Article 1 in
the following particulars.'
"ARTICLE 1. DEFINITIONS
1.2 DEFINITIONS OF TERMS
*
Building Function: The Uses accommodated by a Building and its Lot. Functions are
categorized as Restricted, Limited, or Open, according to the Intensity of the Use.
Building Height: The vertical extent of a Building measured in Stories.
*
Height: See Building Height.
Height, Building: The vertical extent of a Building measured in Stories.
Height, Structure: The vertical extent of a Structure measured in feet.
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.
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Liner: A Building or part of a Building with Habitable Space specifically designed to enfront a
thoroughfare or public space, masking a function without capacity to monitor public space, such
as a parking lot, Parking Garage, or storage facility. A Liner shall have a minimum depth of
fifteen feet (15 ft).
Pedestrian Entrance/Entry: The route by which a pedestrian accesses the second or third
layer of a Lot or a Building. Emergency exits, utility doors, and doors to non -habitable spaces
shall not be considered a Pedestrian Entrance.
*„
Section 3. The PZAB recommends approval to the City Commission of an ordinance
amending the Miami 21 Code, specifically by amending Article 3, titled "General to Zones," in
the following particulars.2
"ARTICLE 3. GENERAL TO ZONES
3.3 Lots and Frontages
3.3.3
Lots facing Thoroughfares on more than one (1) side shall have designated Principal
Frontage(s) and may have Secondary Frontage(s). Unless otherwise designated by a Special
Area Plan, a Principal Frontage shall be that facing the Thoroughfare of higher pedestrian
importance or intensity (i.e., traffic volume, number of lanes, etc.), as determined by the
Planning Department Planning Director upon request by the Zoning Administrator.
a. If two Thoroughfares are of equal importance each Frontage shall be considered a
Principal Frontage. Lots with two or more Frontages may consider other non -fronting
Property Lines as sides.
b. Lots shall have at least one (1) Principal Frontage, except Wwaterfront Lots shall have at
least two (2) Principal Frontages, one of which shall be the Wwaterfront and shall
conform to Waterfront Setback Standards. However, Lots which do not require a
Wwaterfront walkway pursuant to Section 3.11 shall not consider the Waterfront as a
Principal Frontage. For Waterfront Setbacks, see Section 3.11 and Appendix B -
Waterfront Design Guidelines.
c. Where an existing Lot of record is located adjacent to a Thoroughfare in a manner that
creates an irregular Frontage such that the side or rear yards cannot be determined as
with a regular Lot, the Zoning Administrator shall determine, by Waiver, the yard side
and rear yards and Setbacks for the Lot as fits the circumstanccc of the cacc with due
regard to the orientation of Structures and buildable areas on the Lot and relationship to
adioining properties. Prior to submitting an application for a Waiver under this Code, the
prospective applicant shall meet with the Zoning Administrator in a preapplication
meeting to review guidelines for determining existing site conditions and allow the
evaluation to adjust minimum dimensions for Setbacks of the Lot due to site constraints
or hardships. In addition t„ general Waiver req- irementc the Zoning drninistrator shall
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.
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consider the minimum dimensions and methods of measurement as generally required
for either a side or rear yard in the transect, determining which shall apply by the relation
of the portion of the lot on which the yard is to be locatcd to the adjoining lot, with duc
regard to the orientation of structures and buildable areas on each lot.
3.3.5
granted so that the proposed Structure matches the ground level Adiustments to Setbacks to
match the dominant Setback of the block and its Context for Structures and Buildings shall be
pursuant to Article 5, titled "Specific to Zones."
3.6.3 Additional Off-street Parking Regulations
General performance standards for Off-street Parking facilities:
a. Parking shall be implemented so as to provide safe and convenient access to and
from public Thoroughfares which include movement lanes and Public Frontages.
b. Vehicular access through Residential properties for nonresidential Uses shall be
prohibited.
c. Off-street Parking spaces shall be located with sufficient room for safe and
convenient parking without infringing on any public Thoroughfare or sidewalk.
d. Off-street Parking spaces whose locations require that cars back into movement
lanes shall only be permissible in T3 and T4 zones. Backing into Alleys shall be
permissible in all Transect Zones.
e. Off-street Parking or loading area shall not be used for the sale, repair, or
dismantling of any vehicle or equipment, or for storage of materials or supplies.
f. Parking or storage of commercial trucks, buses, vans, sign trailers; trailers or semi-
trailers for freight, cargo; non -recreational watercraft; or the like shall not be
permitted in any T3, T4, T5-R or T6-R Zone.
g. Inoperable vehicles and other inoperable Recreational Watercraft or equipment shall
be stored only in storage facilities or other approved places where they are
completely concealed from public view.
h. Except in connection with permitted active continuing construction on the premises,
construction equipment such as earth moving machines, excavators, cranes, and the
like shall only be allowed in D1, D2 and D3, as allowed by this Code.
i. All Off-street Parking shall comply with applicable regulations related to lighting,
paving, and drainage including the Miami -Dade County Code and the Florida
Building Code.
j. Specific areas may be set aside for Tandem Parking. Tandem Parking in all Transect
Zones, except T3 and T4, shall be used only by a valet parking operator.
k. Parking facilities on adjoining Lots may share access points, driveways and parking
subject to a recorded covenant running with the property on which the facilities are
located, by process of Waiver.
3.13 SUSTAINABILITY
3.13.1 General
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a. Landscape requirements are as required in Article 9 of this Code and the City of Miami
Tree Protection regulations of Chapter 17 of the City Code, except that where this Code
is more restrictive than the Tree Protection regulations, this Code shall apply.
b. All new Buildings of more than 50,000 square feet of Habitable Rooms or Habitable
Space in the T5, T6, CI and CS zones shall be at a minimum certified as Silver by the
United States Green Building Council (USGBC) Leadership in Energy and
Environmental Design (LEED) standards or equivalent standards adopted or approved
by the City.
1. At the time of Building Permit application, the owner shall submit:
(a) Proof of registration with the Green Building Certification Institute, or equivalent
agency;
(b) A signed and sealed affidavit from a LEED Accredited Professional, or applicable
designation, stating that the proposed Building is designed to achieve the required
certification; and
(c) A LEED Scorecard, or equivalent document, identifying anticipated credits to be
achieved.
2. At the time of Certificate of Occupancy application, the owner shall submit:
(a) Proof of certification by the Green Building Certification Institute, or equivalent
agency;
(b) A bond posted in a form acceptable to the City, in the amount indicated below;
(i) Two percent (2%) of the total cost of construction for a 50,000 - 100,000
square feet Building;
(ii) Three percent (3%) of the total cost of construction for a 100,001 - 200,000
square feet Building;
(iii) Four percent (4%) of the total cost of construction for any Building greater
than 200,000 square feet; or
(c) Proof of partial compliance from the Green Building Certification Institute, or
applicable agency, which demonstrates the credits presently achieved. In addition, a
prorated portion of the full bond amount, as indicated in subsection 2(b) above, shall
be posted based on the number of remaining credits needed to meet minimum
certification requirements. The bond amount to be posted shall be calculated as
follows:
(credits remaining for certification / credits required for certification) x full bond
amount = prorated bond amount
3. Forfeiture of Bond
A bond under this Section 3.13.1 shall be forfeited to the City in the event that the
Building does not meet the for LEED Silver certification or applicable certification. The
City will draw down on the bond funds upon failure of the owner to submit proof of LEED
Silver certification in a form acceptable to the City within one (1) year of the City's
issuance of the Certificate of Occupancy for the Building. If required certification is not
achieved but a majority of the credits have been verified, the owner shall forfeit a portion
of the bond based on any outstanding credits which shall be calculated as follows:
(credits remaining for certification / credits required for certification) x full bond amount =
bond amount forfeited
If the amount to be forfeited is greater than fifty percent (50%) of the full bond amount,
the bond shall be forfeited in its entirety. Funds that become available to the City from
the forfeiture of the bond shall be placed in the Miami 21 Public Benefits Trust Fund
established by this Code.
c. Affordable Housing Developments that qualify under Section 3.15, may elect to comply
with the sustainability requirements promulgated by the Florida Housing Finance
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Corporation, or its successor agency, in lieu of the requirements set forth in Section
3.13.1.b above.
d. The preservation of Natural Features of land such as trees, vegetation, geological, and
other land characteristics and the preservation of archaeological features of
archaeological significance are declared to be in the public interest. Said preservation
may justify the relaxation of Setbacks, or required placement and number of Off-street
Parking lay spaces, and driveway separation requirements by process of Waiver. The
Zoning Administrator shall determine that the trees, vegetation, geological and other
natural characteristic, or archaeological features are in the Buildable Area of the Site and
not in Setback areas required for the development of the site. The Zoning Administrator
shall determine that the trees, vegetation, geological, and other natural characteristics or
archaeological features are either in the Buildable Area of the Site, proposed location of
the driveway or Parking, in the First Layer, or in the Public Right -of -Way immediately
adjacent to the Lot. The Environmental Resources Division shall clarify that the species,
size, health, and other characteristics of the Natural Features merit preservation. The
Preservation Officer shall clarify that the archeological features merit preservation."
Section 4. The PZAB recommends approval to the City Commission of an ordinance
amending the Miami 21 Code, specifically by amending Article 5, titled "Specific to Zones," in
the following particulars.3
"ARTICLE 5. SPECIFIC TO ZONES
5.3 SUB -URBAN TRANSECT ZONES (T3)
5.3.1 Building Disposition (T3)
a. Newly platted Lots shall be dimensioned according to Illustration 5.3.
b. Lot Coverage by Building shall not exceed that shown in Illustration 5.3.
c. A Building shall be disposed in relation to the boundaries of its Lot according to
Illustration 5.3.
d. In Zone T3-R, one Principal Building consisting of one Dwelling Unit at the Frontage may
be built on each Lot as shown in Article 4, Table 8. In Zone T3-L one Principal Building
consisting of one Dwelling Unit at the Frontage and one Outbuilding may be built on
each Lot. The Outbuilding shall be separated from the Principal Building by a minimum
of ten (10) feet. A Backbuilding may connect the Principal Building and the Outbuilding.
In Zone T3-O, one Principal Building consisting of two Dwelling Units at the Frontage
may be built on each Lot as shown in Illustration 5.3.
e. Setbacks for Principal Buildings shall be as shown in Illustration 5.3. Setbacks may
otherwise be adjusted by Waiver by no more than ten percent (10%) except for Waivers
to preserve Natural Features pursuant to Section 3.13.1(d), for irregular lots pursuant to
Section 3.3.3(c), for alterations and additions to existing nonconforming Single Family
Residences and Two -Family Housing pursuant to Section 7.2.3(a)(3). Where a Lot to be
developed Abuts a Lot containing an existing legal Structure other than a Sign, a Waiver
may be granted so the proposed Structure matches the ground level dominant Setback
of the Block Face and its Context. Where a Lot to be developed proposes a one (1) or
two (2) Story Building and Abuts a Lot containing an existing legal Building, an Exception
3 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 7 of 18 File ID: 13938 (Revision:) Printed On: 6/15/2023
may be granted so that the proposed Building matches the ground level dominant
Setback of the Block Face and its Context.
5.3.2 Building Configuration (T3)
a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and
Illustration 5.3. For T3-R and T3-L, second story lot coverage shall not exceed thirty
percent (30%).
b. Encroachments shall be allowed as follows: At the First Layer, stairs may encroach up to
eight (8) feet of the depth of the Setback. In the event an existing Building is raised in
order to bring the finished floor elevation above the Base Flood Elevation plus
Freeboard, stairs and ramps required for vertical circulation may encroach one hundred
percent (100%) of the Setback by process of Waiver. Open Porches shall be at a
minimum seven (7) feet deep and may encroach up to eight (8) feet of the depth of the
Setback. At the First Layer, cantilevered portions of Awnings, balconies, bay windows
and roofs shall be a maximum three (3) feet deep and may encroach up to three (3) feet
of the depth of the Setback. Other cantilevered portions of the Building shall maintain the
required Setback. At the Second and Third Layers, Awnings, balconies, bay windows,
chimneys, roofs and stairs may encroach up to fifty percent (50%) of the depth of the
Side Setback or three (3) feet, whichever is less. At the Third Layer, Awnings and
canopies may encroach up to fifty percent (50%) of the depth of the Rear Setback.
c. Unroofed screen enclosures shall be located within the Second or Third Layer only and
shall have a five (5) foot minimum side and rear Setback.
d. All outdoor storage, electrical, plumbing, mechanical, and communications equipment
and appurtenant enclosures, shall be located within the Second or Third Layer, shall
follow the Side and Rear Setbacks for Outbuildings as shown in Illustration 5.3, and shall
be concealed from view from any Frontage. These shall not be allowed as
Encroachments, on any required setback, except for Buildings existing as of the effective
date of this Code, where mechanical equipment, such as air conditioning units, pumps,
exhaust fans or other similar noise producing equipment cannot be located completely
within the Buildable Area or on the roof, may be allowed as Encroachments by Waiver.
e. Building Heights shall be measured in Stories and shall conform to Article 4, Tables 2
and be as shown in Illustration 5.3. The first -floor elevation of a Principal Building shall
be a maximum of two and a half (2.5) feet above grade, or Base Flood Elevation with a
minimum of one (1) foot to a maximum of five (5) feet of Freeboard, whichever is higher.
A flat roof shall be a maximum of two Stories and twenty-five (25) feet. A pitched roof
shall be a maximum of twenty-five (25) feet to the eave and shall not exceed ten (10)
feet overall Height above the second Story.
f. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height
necessary to conceal it, and a maximum Height of three and a half (3.5) feet. At the roof,
other ornamental Building features may extend up to three and a half (3.5) feet above
the maximum Building Height, or up to ten (10) feet by process of Waiver. Roof decks
shall be permitted at the maximum Height. Trellises may extend above the maximum
Height up to eight (8) feet. Extensions above the maximum Height up to four hundred
{'100) square feet for cithcr a stair or elevator enclosures or ornamcntal purpocc may
contain up to a total of two hundred (200) square feet of Floor Area per unit and shall be
set back ten (10) feet from all facades and elevations. shall be permitted by process of
Waiver. All extensions including attics shall not exceed ten (10) feet above the second
Story.
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g. Fences and walls may be located up to and including the Frontage Line to the following
maximum Height. Height of fences and walls shall not exceed four (4) feet within the
First Layer, except aluminum or iron picket and post Fences with or without masonry
posts shall not exceed six (6) feet. Within the Second and Third Layers, Fences and
walls shall not exceed eight (8) feet.
5.4 GENERAL URBAN TRANSECT ZONES (T4)
5.4.1 Building Disposition (T4)
a. Newly platted Lots shall be dimensioned according to Illustration 5.4.
b. Lot Coverage by any Building shall not exceed that shown in Illustration 5.4.
c. A Building shall be disposed in relation to the boundaries of its Lot according to
Illustration 5.4.
d. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal
Building, may be built on each Lot as shown in Article 4, Table 8. The Outbuilding shall
be separated from the Principal Building by a minimum of ten (10) feet.
e. Setbacks for Principal Buildings shall be as shown in Illustration 5.4. Setbacks may
otherwise be adjusted by Waiver by no more than ten percent (10%) except for Waivers
to preserve Natural Features pursuant to Section 3.13.1(d), for irregular lots pursuant to
Section 3.3.3(c), and for alterations and additions to existing non -conforming Single -
Family Residences and Two -Family Residence pursuant to Section 7.2.3(a)(3). Where
a Lot to be developed Abuts a Lot containing an existing legal Structure other than a
Sign, a Waiver may be granted so the proposed Structure matches the ground level
dominant Setback of the Block Face and its Context. Where a Lot to be developed
proposes a one (1) or two (2) Story Building and Abuts a Lot containing an existing
legal Building, an Exception may be granted so that the proposed Building matches the
ground level dominant Setback of the Block Face and its Context.
5.4.2 Building Configuration (T4)
a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and
Illustration 5.4.
b. Encroachments shall be allowed as follows: At the First Layer, stairs may encroach up to
fifty percent (50%) of the depth of the Setback. In the event an existing Building is raised
in order to bring the finished floor elevation above the Base Flood Elevation plus
Freeboard, stairs and ramps required for vertical circulation may encroach one hundred
percent (100%) of the Setback by process of Waiver. Open Porches shall be at a
minimum seven (7) feet deep and may encroach up to fifty percent (50%) of the depth of
the Setback. At the First Layer, Cantilevered portions of Awnings, balconies, bay
windows and roofs shall be at a maximum three (3) feet deep and may encroach up to
thirty percent (30%) of the depth of the Setback. Other cantilevered portions of the
Building shall maintain the required Setbacks. At the Second and Third Layers, Awnings,
balconies, bay windows, chimneys, roofs, and stairs may encroach up to fifty percent
(50%) of the depth of the Setback or three (3) feet, whichever is less. At the Third Layer,
Awnings and canopies may encroach up to fifty percent (50%) of the depth of the
Setback.
c. Unroofed screen enclosures shall be located within the Second or Third Layer only and
shall have a five (5) feet minimum side and rear Setback.
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d. All outdoor storage, electrical, plumbing, mechanical, and communications equipment
and appurtenant enclosures, shall be located within the Second or Third Layer, shall
follow the Side and Rear Setbacks for Outbuildings as shown in Illustration 5.4, and shall
be concealed from view from any Frontage. These shall not be allowed as
Encroachments, on any required setback, except for Buildings existing as of the effective
date of this Code, where mechanical equipment, such as air conditioning units, pumps,
exhaust fans or other similar noise producing equipment cannot be located completely
within the Buildable Area or on the roof, may be allowed as Encroachments by Waiver.
e. Loading and service entries shall be at the Third Layer and shall be accessed from
Alleys when available. When a Lot has only Principal Frontages, vehicular entries,
Loading Docks and service areas shall be at the Third Layer and shall be permitted on
Principal Frontages only by process of Waiver.
f. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and
be as shown in Illustration 5.4. The first -floor Elevation of a Principal Building shall be at
average Sidewalk grade; a first -floor Residential or Lodging Function should be at a
minimum Height of two (2) feet and a maximum Height of three and a half (3.5) feet for
privacy reasons or Base Flood Elevation with a minimum of one (1) foot to a maximum
of five (5) feet of Freeboard, whichever is higher. The height of the building shall be up to
three (3) Stories, and a maximum of forty (40) feet to the top of the roof slab.
g. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height
necessary to conceal it, and a maximum Height of five (5) feet. Other ornamental
Building features may extend up to five (5) feet above the maximum Building Height.
Roof decks shall be permitted up to the maximum Height. Trellises may extend above
the maximum Height up to eight (8) feet. Extensions up to ten (10) feet above the
maximum Height for a stair, elevator or mechanical enclosure shall be limited to twenty
(20%) of the roof area, unless approved by process of Waiver.
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.
c. Buildings shall be disposed in relation to the boundaries of their Lots according to
Illustration 5.5.
d. Buildings shall have their principal pedestrian entrances on a Frontage Line or
from a Courtyard at the Second Layer.
e. For the minimum Height, Facades shall be built parallel to the Principal Frontage
Line along a minimum of seventy percent (70%) of its length on the Setback Line
as shown in Illustration 5.5 or as modified pursuant to Appendix B — Waterfront
Design Guidelines, Section 2.3(a) for Frontages along a Waterfront. In the
absence of a Building along the remainder of the Frontage Line, a Streetscreen
shall be built co -planar with the Facade to conceal parking and service areas.
f. At the first Story, Facades along a Frontage Line shall have frequent doors and
windows; pedestrian entrances shall occur at a maximum spacing of seventy-five
(75) feet and vehicular entries shall occur at a minimum spacing of sixty (60) feet,
unless approved by Waiver.
g. Setbacks for Buildings shall be as shown in Illustration 5.5. Where the property a
Lot to be developed aAbuts a Lot containing an existing legal Structure other than
a Sign, a Waiver may be granted so the proposed Structure matches the ground
level dominant aSetback of the bBlock Face and its GContext. Where a Lot to be
City of Miami Page 10 of 18 File ID: 13938 (Revision:) Printed On: 6/15/2023
developed Abuts a Lot containing an existing legal Building, a Waiver may be
granted so that the proposed Building matches the ground level dominant Setback
of the Block Face and its Context, as follows:
i. For Rights -of -Way with an adjacent Sidewalk less than six and half (6 1/2) feet a
two (2) Story building or less may be permitted by process of Waiver.
ii. For Rights -of -Way with an adjacent Sidewalk greater than six and half (61/4) feet,
but less than twelve (12) feet, a four (4) Story building or less may be permitted
by process of Waiver.
iii. For Rights -of -Way with an adjacent Sidewalk greater than twelve (12) feet
may be permitted for the number of Stories allowed by the Transect Zone
by process of Waiver.
h. For sites with three hundred and forty (340) feet Frontage length or more, a cross -
block passage shall be provided as follows: If the Frontage Line of a site is at any
point more than three hundred and forty (340) feet from a Thoroughfare
intersection, the Building shall provide a cross Block Pedestrian Passage. If the
Frontage Line of a site is at any point six hundred and fifty (650) feet from a
Thoroughfare intersection, a vehicular cross Block passage shall be provided.
i. Maximum Lot size as shown in Illustration 5.5 may be increased by Exception for
Uses that serve the Neighborhood.
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.
c. Buildings shall be disposed in relation to the boundaries of their Lots according to
Illustration 5.6.
d. Buildings shall have their principal pPedestrian eEntrances on a Frontage Line or from a
courtyard at the Second Layer.
e. For the minimum Height, Facades shall be built parallel to the Principal Frontage Line
along a minimum of seventy percent (70%) of its length on the Setback Line as shown in
Illustration 5.6. In the absence of Building along the remainder of the Frontage Line, a
Streetscreen shall be built co -planar with the Facade to shield parking and service areas.
In the case of two (2) or three (3) Principal Frontages meeting at Thoroughfare
intersections, the Building corner may recede from the designated Setback up to twenty
percent (20%) of the Lot length.
f. At the first Story, Facades along a Frontage Line shall have frequent doors and windows;
pPedestrian eEntrances shall occur at a maximum spacing of seventy five (75) feet and
vehicular entries shall occur at a minimum spacing of sixty (60) feet unless approved by
Waiver.
g. Setbacks for Buildings shall be as shown in Illustration 5.6. Where the property to be
Frontagc Front Setbacks above the eighth floor for Lots having on►e (1) dimension
measuring one hundred (100) feet or les a minimum of zero (0) feet a depth of one
hundred (100) feet or less may be reduced to match the front Setback of the podium for
that portion of the Lot where the depth is one hundred (100) feet or less,- by process of
Waiver. For T6-24, T6-36, T6-48, T6-60 and T6-80, the Frontage Setbacks above the
eighth floor shall not be required for a Frontage facing a Civic Space or a Right -of -Way
City of Miami Page 11 of 18 File ID: 13938 (Revision:) Printed On: 6/15/2023
seventy (70) feet or greater in width. At property lines Abutting a lower Transect Zone the
Setbacks shall reflect the transition as shown in Illustration 5.6. Where a Lot to be
developed Abuts an existing legal Structure other than a Sign, a Waiver may be granted
so the proposed Structure matches the ground level dominant Setback of the Block Face
and its Context. Where a Lot to be developed Abuts a Lot containing an existing
legal Building, a Waiver may be granted so that the proposed Building matches the
ground level dominant Setback of the Block Face and its Context, as follows:
i. For Rights -of -Way with an adjacent Sidewalk less than six and half (6 1/2) feet a two
(2) Story building or less may be permitted by process of Waiver.
ii. For Rights -of -Way with an adjacent Sidewalk greater than six and half (6 1/2) feet, but
less than twelve (12) feet, a four (4) Story building or less may be permitted by
process of Waiver.
iii. For Rights -of -Way with an adjacent Sidewalk greater than twelve (12) feet may be
permitted for the number of Stories allowed by the Transect Zone by process of
Waiver.
h. Above the eighth floor, minimum building spacing is sixty (60) feet, except that where the
Building abuts T5, the sixty (60) feet required spacing shall be above the fifth floor. For
T6-24, T6-36, T6-48, T6-60 and T6-80 Lots having one dimension one hundred (100) feet
or less, side and rear Setbacks above the eighth floor may be reduced to a minimum of
twenty (20) feet, for that portion of the Lot where the depth or width is one hundred (100)
feet or less, by process of Waiver. For T6-36, T6-48, T6-60 and T6-80 above the eighth
floor in the Second Layer, at a setback of ten (10) feet, an additional two stories of
habitable space may extend a maximum sixty percent (60%) of the length of the street
Frontages. For T6-24, T6-36, T6-48, T6-60 and T6-80 above the eighth floor an additional
six feet of non -habitable space may be allowed without additional setback to
accommodate depth of swimming pools, landscaping, transfer beams, and other
structural and mechanical systems.
i. For sites with three hundred and forty (340) feet Frontage length or more, a cross -Block
passage shall be provided as follows: If the Frontage Line of a site is at any point more
than three hundred and forty (340) feet from a Thoroughfare intersection, the Building
shall provide a cross -Block Pedestrian Passage. If the Frontage Line of a site is at any
point six hundred and fifty (650) feet from a Thoroughfare intersection, a vehicular cross -
Block passage shall be provided. Such a cross -Block Passage may be covered above
the first floor by a maximum of twenty-five percent (25%) of its length with Structures
connecting Buildings, such as a terrace, pedestrian bridge or vehicular bridge. In T6-36,
T6-48, T6-60 and T6-80 a Pedestrian Passage may be roofed and shall be lined with
frequent doors and windows.
j. Maximum Lot size as shown in Illustration 5.6 may be increased by Exception for Uses
that serve the Neighborhood.
5.7.2 Civic Institution Zones (CI)
5.7.2.4
Civic Institution Development shall be permitted by process of Exception and shall conform to
the following regulations:
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a. Any property located within a CI Zone may be developed according to the regulations of
the most restrictive Abutting Transect Zone with all Frontage Setbacks considered a
minimum.
b. Development in a CI Zone shall follow the regulations of the Abutting Transect Zone,
except that Height restrictions shall be as follows:
1. A CI Zone entirely Abutting T3 shall be developed to no more than the maximum
Height allowed by T4.
2. A CI Zone predominantly Abutting T3 or T4, shall be developed to no more than
the maximum Height allowed by T5.
3. A CI Zone predominantly Abutting T5, T6-8, D1, D2 or D3, shall be developed to
no more than the maximum Height of T6-8.
4. A CI Zone entirely Abutting T6-8 or higher, may conform to the maximum Height
of any higher Abutting Transect Zone.
c. A CI Zone may seek higher than Abutting successional Transect Zoning through the
process of Special Area Plan.
d. Adjustments to Building Disposition Rcquircmcntf; the applicable Transect regulations
with the exception of Sctbackf; other than Density, Intensity and Height limitations shall
be allowed by process of Waiver. Adjustments to Setbacks shall be pursuant to those
adjustments permitted by the most restrictive Abutting Transect Zone.
5.8 CIVIC INSTITUTION ZONES — HEALTH DISTRICT (CI -HD)
5.8.1 Building Disposition (CI -HD)
a. Newly platted Lots shall be dimensioned according to Illustration 5.8.
b. Lot coverage by any Building shall not exceed that shown in Illustration 5.8.
c. Buildings shall be disposed in relation to the boundaries of their Lots according to
Illustration 5.8. A CI -HD lot may have more than one building.
d. Principal pedestrian entrances shall generally be along Principal Frontages and
vehicular entrances on streets of less intensity.
e. It is recommended that Facades be built parallel to the Principal Frontage Line.
f. It is recommended at the first Story, Facades along a Frontage Line have frequent doors
and windows.
g. Setbacks for Buildings shall be as shown in Illustration 5.8. Frontagc Sctbacks may be
adjustcd to conform to the ground level dominant Setback of the existing neighborhood
or existing thoroughfare Frontage Setbacks by Waiver. Where a Lot to be developed
Abuts an existing legal Structure other than a Sign, a Waiver may be granted so the
proposed Structure matches the ground level dominant Setback of the Block Face and
its Context. Where a Lot to be developed Abuts a Lot containing an existing
legal Building, a Waiver may be granted so that the proposed Building matches the
ground level dominant Setback of the Block Face and its Context, as follows:
i. For Rights -of -Way with an adjacent Sidewalk less than six and half (6 1/2) feet a two
(2) Story building or less may be permitted by process of Waiver.
ii. For Rights -of -Way with an adjacent Sidewalk greater than six and half (61/4) feet, but
less than twelve (12) feet, a four (4) Story building or less may be permitted by
process of Waiver.
City of Miami Page 13 of 18 File ID: 13938 (Revision:) Printed On: 6/15/2023
iii. For Rights -of -Way with an adjacent Sidewalk greater than twelve (12) feet may be
permitted for the number of Stories allowed by the Transect Zone by process of
Waiver.
5.9 DISTRICT ZONES (D1 and D2)
5.9.1 Building Disposition (D)
a. Newly platted Lots shall be dimensioned according to Illustration 5.9.
b. Lot coverage by Buildings shall not exceed that shown in Illustration 5.9.
c. A Building shall be disposed in relation to the boundaries of its Lot according to
Illustration 5.9.
d. One or more Buildings may be built on each Lot as shown in Illustration 5.9.
e. Setbacks for Buildings shall be as shown in Article 4, Table 2 and Illustration 5.9. Where
a Lot to be developed Abuts an existing legal Structure other than a Sign, a Waiver may
be granted so the proposed Structure matches the ground level dominant Setback of the
Block Face and its Context. Where a Lot to be developed Abuts a Lot containing an
existing legal Building, a Waiver may be granted so that the proposed Building matches
the ground level dominant Setback of the Block Face and its Context, as follows:
i. For Rights -of -Way with an adjacent Sidewalk less than six and half (6 1/2) feet a two
(2) Story building or less may be permitted by process of Waiver.
ii. For Rights -of -Way with an adjacent Sidewalk greater than six and half (6 1/2) feet, but
less than twelve (12) feet, a four (4) Story building or less may be permitted by
process of Waiver.
iii. For Rights -of -Way with an adjacent Sidewalk greater than twelve (12) feet may be
permitted for the number of Stories allowed by the Transect Zone by process of
Waiver.
5.9.2 Building Configuration (D)
a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and
Illustration 5.9.
b. Encroachments shall be as follows: At the First Layer, cantilevered Awnings and entry
canopies may encroach up to one hundred percent (100%) of the depth of the Setback,
except as may be further allowed by Chapter 54 of the City Code; cantilevered portions
of balconies, bay windows, and roofs shall be a maximum three (3) feet deep and may
encroach up to a three (3) feet depth of the Setback. Other cantilevered portions of the
Building shall maintain the required Setback. At the Second Layer no Encroachments
are permitted except that Facade components promoting energy efficiency such as
shading and screening devices that are non -accessible may encroach a maximum of
three (3) feet.
c. Galleries and Arcades shall be a minimum fifteen (15) feet deep and may encroach up to
one hundred percent (100%) of the depth of the Setback and may be required as a part
of a Special Area Plan.
d. All storage, utility and infrastructure elements including service areas, Loading space,
transformers, telephone boxes, garbage cans, dumpsters, condensers, meters, backflow
preventers, siamese connections and the like shall be located within the Second or Third
Layer and concealed from view from any Frontage or sidewalk by Streetscreens, and
opaque gates. Loading and service entries shall be accessed from Alleys when
available.
City of Miami Page 14 of 18 File ID: 13938 (Revision:) Printed On: 6/15/2023
e. Vehicular entries, Loading space and service areas shall be permitted on Principal
Frontages.
f. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and
be allocated as required in Illustration 5.9. Industrial uses requiring additional Height in
D1 and D2 may be permitted by Waiver process of Warrant, subject to the Planning
Director agreement that the applicant has demonstrated that the use specifically requires
the proposed Height.
5.10 WATERFRONT INDUSTRIAL DISTRICT ZONES (D3)
5.10.1 Building Disposition (D3)
a. Newly platted Lots shall be dimensioned according to Illustration 5.10.
b. Lot coverage by Building shall not exceed that shown in Illustration 5.10.
c. A Building shall be disposed in relation to the boundaries of its Lot according to
Illustration 5.10.
d. One or more Buildings may be built on each Lot as shown in Illustration 5.10.
e. Setbacks for Buildings shall be as shown in Article 4, Table 2 and Illustration 5.10.
Where a Lot to be developed Abuts an existing legal Structure other than a Sign, a
Waiver may be granted so the proposed Structure matches the ground level dominant
Setback of the Block Face and its Context. Where a Lot to be developed Abuts a Lot
containing an existing legal Building, a Waiver may be granted so that the proposed
Building matches the ground level dominant Setback of the Block Face and its Context,
as follows:
i. For Rights -of -Way with an adjacent Sidewalk less than six and half (6 1/2) feet a two
(2) Story building or less may be permitted by process of Waiver.
ii. For Rights -of -Way with an adjacent Sidewalk greater than six and half (6 1/2) feet, but
less than twelve (12) feet, a four (4) Story building or less may be permitted by
process of Waiver.
iii. For Rights -of -Way with an adjacent Sidewalk greater than twelve (12) feet may be
permitted for the number of Stories allowed by the Transect Zone by process of
Waiver.
5.10.2 Building Configuration (D3)
a. Development within Private Frontages shall comply with Tables 2 and 6 and Illustration
5.10.
b. Encroachments shall be as follows: At the First Layer, cantilevered Awnings and entry
canopies may encroach up to one hundred percent (100%) of the depth of the Setback,
except as may be further allowed by Chapter 54 of the City Code; cantilevered
balconies, bay windows, and roofs may encroach up to a three (3) feet depth of the
Setback. Other cantilevered portions of the Building shall maintain the required Setback.
At the Second Layer no encroachments are permitted except that Facade components
promoting energy efficiency such as shading and screening devices that are non -
accessible may Encroach a maximum of three (3) feet.
c. Galleries and Arcades shall be a minimum fifteen (15) feet deep and may encroach up to
one hundred percent (100%) of the depth of the Setback and may be required as a part
of a Special Area Plan.
d. Except for the Waterfront Frontage, all storage, utility and infrastructure elements
including service areas, Loading space, transformers, telephone boxes, garbage cans,
City of Miami Page 15 of 18 File ID: 13938 (Revision:) Printed On: 6/15/2023
dumpsters, condensers, meters, backflow preventers, siamese connections and the like
shall be located within the Second or Third Layer and concealed from view from any
Frontage or Sidewalk by Streetscreens, and opaque gates. Loading and service entries
shall be accessed from Alleys when available.
e. Vehicular entries, Loading space and service areas shall be permitted on Principal
Frontages.
f. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and
be allocated as required in Illustration 5.10. Industrial uses requiring additional Height in
D3 may be permitted by Waiver process of Warrant subject to the Planning Director
agreement that the applicant has demonstrated that the use specifically requires the
proposed Height.
*
*„
Section 5. The PZAB recommends approval to the City Commission of an ordinance
amending the Miami 21 Code, specifically by amending Article 7, titled "Procedures and
Nonconformities," in the following particulars.4
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1.2.5 Waiver
The Waiver permits specified minor deviations from the Miami 21 Code in certain specified
circumstances as provided in the various articles of this Code and as consistent with the
Guiding Principles in Article 2 of this Code. Waivers are intended to relieve practical
difficulties in complying with the strict requirements of this Code. Waivers are not intended
to relieve specific cases of financial hardship, nor to allow circumventing of the intent of this
Code. A Waiver may not be granted if it conflicts with the City Code or the Florida Building
Code.
a. Specific Waivers are described in the various articles of this Code; and are
referenced here only for convenience. The specific parameters of each Waiver are
further described in the articles in which each Waiver appears in this Code.
1. Parking reductions for Elderly Housing or for Adaptive Reuses in Community
Redevelopment Areas (Article 3, Section 3.6.1 and 3.6.7).
2. Setbacks for irregular Lots (Article 3, Section 3.3.3.c)
3. Setbacks for the property Structures and Buildings 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,a4 5.8.1.g, 5.9.1.e, and 5.10.1.e)
4. Shared Acces for adjoining Lots (Article 3, Section 3.6.3.k). Reserved.
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 requirements for the
preservation of natural features of land (Article 3, Section 3.13.1.d).
4 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 16 of 18 File ID: 13938 (Revision:) Printed On: 6/15/2023
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 Building 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.q
and Article 5, Section 5.6.1.h).
17. Adjustments to Building Disposition applicable Transect regulations in Cl. (Article
5, Section 5.7.2.4.d).
18. Inductrial I s-as regi siring ardditional Height in 02 and 03 (Article F Section
5.9.2.f and 5.10.2.f). Reserved.
19. Primary and Secondary Frontage Parking placement (Article 5, Sections 5.5.4.d,
5.5.4.e, 5.6.4.d and 5.6.4.e).
20. Reduction of reservoir parking space (Article 6).
21. Gas Station Building Frontage requirement (Article 6).
22. Modifications in Setbacks up to fifty percent (50%) when Liner Uses are provided
along parking Structures in Major Sports Facility. (Article 6, Table 13).
23. Replacement or reconstruction of a nonconforming Structure (other than Single -
Family, duplex or multi -family) destroyed by natural disaster, explosion, fire, act
of God, or the public enemy. (Article 7, Section 7.2.2.b).
24. Alterations to nonconforming Single Family 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). Reserved.
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 the intent of the particular Transect Zone where the
City of Miami Page 17 of 18 File ID: 13938 (Revision:) Printed On: 6/15/2023
proposal is located; is consistent with the guiding principles of this Code; and
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 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.
30. Reductions in Parking and Setback requirements for Affordable and Workforce
Housing (Article 3, Section 3.15.4.d, 3.15.4.i, 3.15.5.b., and 3.16.4.b.)
31. Off-street Loading Requirements in Downtown Flaqler Parking and Loading
Improvement District (Article 3, Section 3.6.9.b., Article 4, Table 4)
32. Adjustments to Waterfront Walkway Design Standards (Article 3, Section
3.11.a.2.2 and 3.11.b.6.)
33. Adjustments to Height of Fences and Walls for Major Facilities in CI -HD (Article
5, Section 5.8.2.h)
*„
Section 6. 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 7. 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 8. This Resolution shall become effective immediately upon its adoption.
Reviewed and Approved:
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 18 of 18 File ID: 13938 (Revision:) Printed On: 6/15/2023
Waivers Reform
Executive Summary
Prepared by: City of Miami, Planning Department and Office of Zoning
1. Amendments Summary:
• Existing Waivers in Miami 21 Code: 33
• Existing Waivers added to Section 7 summary list: 4
• Waivers removed and replaced by Right process: 8
• Waivers removed and replaced by Warrant process: 2
• Amended to clarify or update: 11
• Remain Unamended: 11
• New Waivers: 1
2. Amendments Organization:
• Legislation 1 - Miscellaneous Waivers - File ID 13938
• Legislation 2 - T3 Transect Zone related Waivers - File ID 13936
• Legislation 3 - Parking related Waivers - File ID 13937
• Legislation 4 - Demolition in NCD Waiver - File ID 13940
• Legislation 5 - Ten Percent Waiver - File ID 13939
3. New Definitions: Article 1, Section 1.2 Definition of Terms
• Amendment:
Text revised to include New Definitions for Height (Structure and Building), Vehicular
Entry, and Pedestrian Entrance, and clarified definition of Liner.
Outcome:
Provide clearer meaning for terms referenced in the proposed amendments.
Page: 1
Legislation #: Split dependent on topic
• Waiver #1 Parking Reductions for Elderly Housing or for Adaptive Reuses in
Community Redevelopment Areas (Article 3, Section 3.6.1 and 3.6.7).
Amendment:
Remove Waiver applicability for Elderly Housing parking reductions
Revised text to clarify parking as per Article 7 for Adaptive Reuse
Outcome:
Improve processing for Elderly Housing parking reductions
Parking requirements for Adaptive Reuse clarified
Legislation: 3
Version: June 6, 2023 1 of 8
• Waiver #2 Setbacks for Irregular Lots (Article 3, Section 3.3.3.c)
Amendment:
Waiver remains
Text revised to update and clarified the process through which side and rear setback for
irregular lots are established. Excluding front & waterfront.
Outcome:
Clearer, transparent process
Legislation: 1
• Waiver #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 5.3.1.e, 5.4.1.e,
5.5.1.g, 5.6.1.g, 5.8.1.g, 5.9.1.e and 5.10.1.e).
• Amendment:
Waiver remains
Clarifying which Zones dominant setback Waiver provision may be allowed
Restricting dominant setback provision to buildings of different heights based upon width
adjacent sidewalk
Clarifying how the dominant setback may be identified using corresponding physical
elements present
Outcome:
Improved streetscape by clarifying how dominant setbacks may be identified
Legislation: 1
• Waiver #4 Shared Access for Adjoining Lots (Article 3, Section 3.6.3.k).
Amendment:
Remove Waiver
Revised text to remove waiver and allow shared access by Right while maintaining the
required Covenant.
Outcome:
Streamlined review process for adjoining Lots that share access, driveways, and parking.
Legislation: 1
• Waiver#5 Barbed Wire Fences in D1, D2 and D3 (Article 3, Section 3.7.2).
Amendment:
No change proposed
• Waiver #6 Review of Development within Neighborhood Conservation Districts for
compliance with NCD regulations (Appendix A).
Amendment:
Remove Waiver
Revise text to require demolition Waivers to be reviewed by Environmental Resources
Department and Historic Preservation Office
Outcome:
Streamlined process and allow review by appropriate departments
Legislation: 4
Version: June 6, 2023 2 of 8
• Waiver #7 The Relaxation of Setbacks or Required Off-street Parking for preservation
of natural features of land (Article 3, Section 3.13.1.d).
Amendment:
Waiver remains
Text revised to more clearly define which existing site elements may be considered when
applying Waiver and clarified which code standards may be modified
Outcome:
Context of site given greater consideration and ensured review by appropriate
departments
Legislation: 1
• Waiver #8 Decrease of Required Parking by thirty percent (30%) within the half -mile
radius of a TOD (Article 4, Table 4).
Amendment:
No change proposed. Previously modified per Ordinance 14065.
Clarified title to reflect past amendments
• Waiver #9 Reduction of Setbacks for One -Story, Non -Habitable Accessory
Structures in T3. (Article 5, Section 5.3.1.h)
Amendment:1
Remove Waiver
Text revised to ensure that required setbacks for accessory Structures shall follow
existing setback requirements for outbuildings in a T3 Transect Zone.
Outcome:
Ensure adequate spacing between buildings to preserve the character of neighborhoods
and prevent overdominance of buildings on adjacent lots
Legislation: 2
• Waiver #10 Substitution of Loading Berths (Article 4, Table 5).
Amendment:
Proposed amendment removes Waiver and allows existing loading berth substitutions by
right. Updated text also introduces new loading berth substitutions for projects greater
500,000 sq ft. by process of Warrant. The revised text reduces the required Drive Aisle
widths and clarifies that no further adjustments to the Drive Aisle or Loading dimensional
standards are allowed. In addition, the updated text removes unnecessary loading berth
setbacks as this is regulated elsewhere in the Code.
Outcome:
Allowing certain loading berth substitutions by Right ensures a streamlined process for
non-impactful situations.
Ensures flexibility in loading requirements and size of berths in appropriate locations and
when satisfactory loading management can be demonstrated.
Certainty around required minimum drive aisle widths and loading dimensions
Legislation: 3
• Waiver #11 Required parking within one thousand (1,000) feet of the site that it serves
(Article 4, Table 4)
Amendment:
Remove Waiver
Text revised to clarify requirement for a covenant between sending and receiving sites
and distance separation requirements from T3 are applicable to sending sites.
Version: June 6, 2023 3 of 8
Outcome:
Ensure adequate parking will be maintained off site by documenting approved
arrangement in a covenant running with both sending and receiving site.
Mitigate impact of parking on T3 neighborhoods.
Legislation: 3
• Waiver #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).
Amendment:
For T3 rooftop stairs and elevator enclosures eliminated height extension Waiver and
introduced criteria for By Right process. Added Waiver for T4 roof extensions.
Outcome
Simplified process and options reflective of current needs and requirements.
Recommend additional research and that the Waiver text to be further reviewed as a part
of a separate workstream examining regulations and provisions for rooftop elements
across the City and/or T3 generally.
Legislation: 1
• Waiver #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).
Amendment:
Text revised to allow mechanical equipment to follow the less restrictive outbuilding rear
and side setbacks within T3 and T4 Transect Zones. A Waiver may only be granted for
the encroachment of mechanical equipment for Buildings that legally existed prior to the
Miami 21 Code.
Outcome:
Mitigate any ambient impacts on neighboring properties by locating such mechanical
equipment in the most appropriate locations.
Legislation: 1
• Waiver #14 Service and Parking access from Principal Frontage (Article 5, Sections
5.4.2.e, 5.5.2.e and 5.6.2.f).
Amendment:
Waiver removed. Text revised to clarify location of loading and service entries. Vehicular
entries may be permitted on Principal Frontages when a Lot only has Principal Frontages.
Outcome:
Streamlined review process and clarity of Code requirements.
Legislation: 3
• Waiver #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).
Amendment:
Text revised to clarify that emergency exits do not fulfill frequency of pedestrian entrances.
Removing duplicate Vehicular Entry requirement.
Outcome:
Improved streetscape and activation of the public realm.
Legislation: 3
Version: June 6, 2023 4 of 8
• Waiver #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.g,
5.6.1.h).
Amendment:
Text revised to clarify that reduced setbacks can only be utilized on portions of the Lot
with a depth of width less than 100 feet.
Outcome:
Reduce deviations from setback standards and only permit in justifiable situations.
Legislation: 1
• Waiver #17 Adjustments to Building Disposition in Cl. (Article 5, Section 5.7.2.4.d).
Amendment:
Text revised to development standards that may be modified by Waiver to provide
increased flexibility for CI properties.
Outcome:
Better design outcome for Civic Development while still responding to the site and
neighborhood context.
Legislation: 1
• Waiver #18 Industrial Uses requiring additional Height in D2 and D3 (Article 5,
Section 5.9.2.f and 5.10.2.f).
Amendment:
Waiver replaced with Warrant process as Height increase is related to Industrial Uses and
should be evaluated depending on the context.
Article 3, Section 3.14 also revised to clarify bonus Height is in relation to D1 and not D2
and D3 Zones.
Legislation: 1
• Waiver #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)
Amendment:
Text revised to clarify screening requirements depending on parking configuration and
Frontage. Existing one-story waiver option maintained but introduced a new by Right
garage screening option that requires habitable space on the first and second story.
Remove referral to UDRB unless Planning Director determines project would benefit from
further review.
Outcome:
Streamlined process that incentivizes higher quality design on the Principal Frontage.
Increased clarity for Secondary Frontage Code requirements. UDRB referral only when
parking screening treatment would benefit from further review.
Legislation: 3
• Waiver #20 Reduction of reservoir parking space (Article 6).
Amendment:
Waiver removed for parking reductions to ensure adequate reservoir parking is provided
on site.
Outcome:
Version: June 6, 2023 5 of 8
Car washes and drive -through uses will be required to provide adequate parking to
minimize impact of vehicular queuing within adjacent right-of-way.
Legislation: 3
• Waiver #21 Gas Station Building Frontage requirement (Article 6).
Amendment:
No change proposed.
• Waiver #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).
Amendment:
No change proposed.
• Waiver #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).
Amendment:
No change proposed.
• Waiver #24 Alterations to nonconforming Single Family or duplex Structures to enlarge a
nonconformity affecting the exterior of the Building or premises. (Article 7, Section 7.2.3).
Amendment:
Text revised for clarity.
Outcome:
Clearer process
Legislation: 2
• Waiver #25 Development of Single Family or duplex Structures on certain nonconforming
Lots in T-3 zones. (Article 7, Section 7.2.7).
Amendment:
No change proposed.
• Waiver #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).
Amendment:
Text revised to provide clear thresholds for when a Waiver is required.
Outcome:
Incentivized existing nonconforming properties to come into greater conformance with
Miami 21 standards by streamlining the process for existing development.
Legislation: 3
• Waiver #27 Modification of the landscaping of nonconforming signs. (Article 7, Section
7.2.9.5).
Amendment:
Waiver removed. This section of the Code does not exist.
Legislation: 1
Version: June 6, 2023 6 of 8
• Waiver #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)
Amendment:
No change proposed.
• Waiver #29 Ten percent (10%) of any numerical standard
Amendment:
Text revised to clarify which standards can be adjusted by up to 10% and provide criteria
for approval of the Waiver.
Outcome:
Ensure greater compliance with Miami 21 to ensure 10% Waivers are granted in justifiable
circumstances. Additional criteria when projects depart from By Right provisions within
Miami 21 Code.
Legislation: 5
• Waiver # (new reference number in Miami 21 Code) Reductions in Parking and
Setback requirements for Affordable and Workforce Housing (Article 3, Section 3.15.4.d,
3.15.4.i, 3.15.5.b., and 3.16.4.b.)
Amendment:
No change proposed. Waiver missing from Article 7, Section 7.1.2.5. New reference
added to list.
Legislation: 1
• Waiver # (new reference number in Miami 21 Code) Off-street Loading Requirements
in Downtown Flagler Parking and Loading Improvement District (Article 3, Section
3.6.9.b., Article 4, Table 4)
Amendment:
No change proposed. Waiver missing from Article 7, Section 7.1.2.5. New reference
added to list.
Legislation: 1
• Waiver # (new reference number in Miami 21 Code) Waterfront Setback requirements
(Article 3, Section 3.11.a.2.2 and 3.11.b.6.)
Amendment:
No change proposed. Waiver missing from Article 7, Section 7.1.2.5. New reference
added to list.
Legislation: 1
• Waiver # (new reference number in Miami 21 Code) Height of fences and walls for
Major Facilities in CI -HD (Article 5, Section 5.8.2.h)
Amendment:
No change proposed. Waiver missing from Article 7, Section 7.1.2.5. New reference
added to list.
Legislation: 1
7.1.2.5 Waivers
Version: June 6, 2023 7 of 8
Amendment:
List reorganized and missing Waivers added
Outcome:
Clarifications and consistency
Group: Split into relevant topic groups
Version: June 6, 2023 8 of 8