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Home My WebLink AboutExhibit B - (Miami 21 Code - June 2007)MIAMI 21 CODE June 2007 THIS PAGE LEFT INTENTIONALLY BLANK. MIAMI 21 PUBLIC HEARING - FIRST READING 2007-06 PREAMBLE How to Use the Miami 21 Code ARTICLE 1. DEFINITIONS OF TERMS AND USES 1.1 Definitions of Building Function Uses 1.2 Definitions of Terms 1.3 Definition of Signs ARTICLE 2. GENERAL PROVISIONS 2.1 Purpose and Intent 2.2 Applicability ARTICLE 3. GENERAL TO ZONES 3.1 Transect Zones 3.2 Phasing 3.3 Lots and Frontages 3.4 Density Calculations 3.5 Measurement of Height 3.6 Sustainability Requirements 3.7 Thoroughfares 3.8 Special Area Plans 3.9 Historic Preservation Standards 3.10 Area Design Guidelines 3.11 Public Benefits Program 1 MIAMI 21 PUBLIC HEARING - FIRST READING 2007-06 ARTICLE 4. STANDARDS AND TABLES TABLE 1 Transect Zone Descriptions TABLE 2 Miami 21 Summary TABLE 3 Building Function: Uses TABLE 4 Building Function: Intensity and Parking TABLE 5 Parking and Loading TABLE 6 Frontages TABLE 7 Civic Space TABLE 8 Definitions Illustrated DIAGRAM 9 Residential Density Increase Areas DIAGRAM 10 Successional Zoning Illustrated DIAGRAM 11 Transit Oriented Development -TOD ARTICLE 5. SPECIFIC TO ZONES 5.1 Generally 5.2 Natural Transect Zone (T1) and (T2) Rural Transect Zones (Reserved) 5.3 Sub -Urban Transect Zones (T3) 5.4 General Urban Transect Zones (T4) 5.5 Urban Center Transect Zones (T5) 5.6 Urban Core Transect Zones (T6) 5.7 Civic Spaces (CS) and Civic Institutions (CI) 5.8 District Zones ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.1 Intent 6.2 Residential Uses 6.3 Commercial Uses 6.4 Civil Support Uses 6.5 Educational Uses 6.6 Industrial Uses 6.7 Off-street Parking Standards 6.8 Sign Standards 6.9 Fences and Walls 2 MIAMI 21 PUBLIC HEARING - FIRST READING 2007-06 6.10 Waterfront Setbacks ARTICLE 7. PROCEDURES AND NONCONFORMITIES DIAGRAM 12 Permitting Process 7.1 Procedures 7.2 Nonconformities ARTICLE 8. THOROUGHFARES 8.1 General Description 8.2 Drawing: The Thoroughfare Across the Transect 8.3 Specific Thoroughfare Types Described APPENDICES A. SD -27 Midtown Special District B. Waterfront Design Guidelines 3 MIAMI 21 PUBLIC HEARING - FIRST READING 2007-06 THIS PAGE LEFT INTENTIONALLY BLANK. MIAMI 21 PUBLIC HEARING - FIRST READING 2007-06 PREAMBLE HOW TO USE THE MIAMI 21 CODE The following information explains how the Miami 21 Code ("Miami 21 Code" or "the Code") is organized and may best be used. This "how to" information is advisory only, and is not part of the Code adopted by the City Commission. Organization The Miami 21 Code establishes standards and procedures for new development or redevelopment in the part of the City designated for use of the new Miami 21 Code. That area is mapped on the Miami 21 Atlas, which also acts as the official zoning map of the Miami 21 area and is filed in the City Clerk's office. A general depiction of Miami 21 area is shown on the map in Article 2 of this Code. Until all areas of the City are designated for the Miami 21 Code, the areas not designated will continue to be governed by the City's existing Zoning Ordinance, also known as Ordinance 11000. The Code is organized for users to read only the parts they need. It is not necessary to read it from cover to cover, but the parts interrelate and often must be reviewed together. The list of articles and sections in the table of contents shows the main topics and overall organization of the Code. Article 1. Definitions of Terms and Uses defines key terms in the Code Article 2. General Provisions contains information on the legal framework of the Code, including its intent and purpose and the Miami 21 transect principles for settlement patterns that guide the Code. It also contains information on the applicability of the Code which specifies rules of construction, calculations, and transect zone boundaries. Article 3. General to Zones introduces the Transect Zones as the structure for requirements related to density, provides guidance for phasing, lots and frontages, height, sustainability, public thoroughfares and frontages, special area plans, historic preservation, and the public benefits program. Article 4. Standards & Tables illustrates the components of the Code such as intensity and parking requirements per transect zone. It contains Table 3 that sets out the uses allowed in the various transect zones, and the type of permit required for the use, whether administrative (warrant) or by public hearing (exception). It also includes corresponding definitions, as well as descriptions of different frontage types and civic space types by transect zones. Article 5. Specific to Zones establishes the transect zones and the regulations that apply within each transect zone. Uses and development standards for each transect are specified including building disposition, building configuration, building function and density, parking, architecture, environment and landscape standards. Diagrams and tables accompany the text in this article. MIAMI 21 PUBLIC HEARING - FIRST READING 2007-06 Article 6. Supplemental Regulations sets forth regulations that apply to specific uses in addition to the general regulations and transect regulations set forth in other articles. These uses include piers, docks, wharves, and boats; home occupations/home office; ancillary units, community residences; adult daycare; child daycare; automotive uses; helistops; and adult entertainment or adult services. It also provides additional regulations for off-street parking and sign standards. Article 7. Procedures and Nonconformities sets out the rules for applying the Code and addressing conflicts. This article contains the regulations for the further development of nonconforming uses and structures — those existing uses and structures that upon passage of the Code will not conform to the new regulations. It details the zoning processes by which development and redevelopment will be permitted by the City, including administrative permits and permits requiring public hearings. It also establishes general criteria by which administrative permits and public hearing permits will be reviewed. The specific regulations as to allowable uses and as to placement of buildings and structures can be found in Articles 3 and 5 of the Code. Article 8. Thoroughfares sets forth guidelines and definitions for public thoroughfares, as well as a catalogue of thoroughfares appropriate to various Transect Zones. Instructions for navigating the articles To determine the regulations of the Code applicable to a site, one must consult both the Miami 21 Code and the Miami 21 Atlas. The Miami 21 Atlas illustrates the designated transect zone for all properties in the East Quadrant. The Miami 21 Code sets forth the standards for each transect zone. The first step is to refer to the Miami 21 Atlas to find the location of the site. The Atlas will show the transect zone that is applied to the site. The Atlas can be found in the office of the City Clerk and the Planning Department. The second step is to refer to the Miami 21 Code for the relevant regulations associated with the transect zone for the site. Begin by referring to the general transect zone regulations set forth in Article 3. Next, use Article 4 to determine the building function uses and other requirements allowed by each transect and determine whether the application is allowed by right, by administrative review, or by public hearing process. Article 5 will then determine the building disposition and configuration of structures on the property in each particular transect zone, as well as other standards such as architectural and environmental standards. Finally, consult the supplemental regulations in Article 6 for additional requirements which may be applicable to certain uses. Determining Which Procedures Apply In order to build or redevelop property, a city zoning approval is required. Article 7, Section 7.1, describes the various types of permits that may apply to the application and the process that will be required in order to obtain the particular permit. Consult the subsections in this article that describe how an application is initiated, how an application is processed, the criteria for review, and what other parts of the Code apply. I MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 1.1 DEFINITIONS OF BUILDING FUNCTION USES (Table 3) a. RESIDENTIAL This category is intended to encompass land use functions predominantly of permanent housing. Single -Family Residence: Detached building used as permanent residence by a single housekeeping unit. The term is general, applying to all detached house types. Community Residence: A "resident", for the purpose of a Community Residence, may include any persons as defined in the following statutes: (1) A disabled adult or frail elder as defined in F.S. § 400.618(8) and (9); (2) A physically disabled or handicapped person as defined in F.S. § 760.22(7); (3) A developmentally disabled person as defined in F.S. § 393.063(9); (4) A non -dangerous mentally ill person as defined in F.S. § 394.455(11); or (5) A child as defined in F.S. § 39.01(12) and (14). (a) A Dwelling Unit of six or fewer residents that meet the definition in Florida Statutes § 419.001 for a "community residential home" of such size; or (b) A Dwelling Unit licensed to serve clients of the State Department of Children and Families, which provides a living environment for seven to fourteen unrelated residents who operate as the functional equivalent of family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents, as defined in Florida Statutes § 419.001; or (c) An adult family -care home as defined in Florida Statutes § 429.65, which provides a full- time, family -type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care on a 24-hour basis, for no more than five disabled adults or frail elders who are not relatives. See Article 6, Section 6.2.3 Ancillary Unit: A Dwelling Unit sharing ownership and utility connections with a Principal Building and contained on the same lot. An ancillary unit may be attached or detached from the Principal Building, and the size of the unit shall count towards maximum density calculations. Two Family Housing: Two (2) Dwelling Units sharing a detached building, each Dwelling Unit of which provides a residence for a single housekeeping unit. Multi -Family Housing: A building or portion thereof, containing three or more Dwelling Units where each unit has direct access to the outside or to a common hall. A multifamily structure where Dwelling Units are available for lease or rent for less than one month shall be considered Lodging. MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Dormitory: A building used principally for sleeping accommodations for students or staff related to an educational institution or place of employment. Home Office: A space within a Dwelling Unit devoted to a non -retail business activity belonging to the resident thereof that is clearly secondary in use to the residence, that does not alter the exterior of the property or affect the residential character of the neighborhood, and that meets all legal requirements of the business. See Article 6, Section 6.2.4. Live -Work: A Dwelling Unit that contains a commercial component which is limited to a maximum 50% of the Dwelling Unit area. See Article 6, Section 6.2.4. Work -Live: A mixed-use unit that contains a commercial or industrial component and one Dwelling Unit per lot of record. The work component exceeds 50% of the Dwelling Unit area. See Article 6, Section 6.2.4. b. LODGING This category is intended to encompass land use functions predominantly of sleeping accommodations occupied on a rental basis for limited periods of time. These are measured in terms of lodging units: a lodging unit is a furnished room of a minimum 200 square feet that includes sanitary facilities, and that may include limited kitchen facilities. Bed & Breakfast: A group of lodging units not to exceed ten (10) that may provide services for dining, meeting and recreation. Inn: A group of lodging units not to exceed twenty-five (25) that may provide services for dining, meeting and recreation. Hotel: A group of lodging units exceeding twenty-five (25) that may provide services for dining, meeting and recreation. c. OFFICE This category is intended to encompass land use functions predominantly related to business, professions, service or government. Office: A room or group of rooms used for conducting a business, profession, service, or government. Such facilities may include, but are not limited to, offices of attorneys, engineers, architects, physicians, dentists, accountants, financial institutions, real estate companies, insurance companies, financial planners, or corporate offices, and exclude manufacturing activities. d. COMMERCIAL This category is intended to encompass land use functions of office, retail, service, entertainment or recreational establishments. 1.2 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Auto -Related Commercial Establishment: A place of business serving auto -related needs including, but not limited to: car rental, car wash, gas station, mechanic offering minor repairs, retail sales such as auto parts, tire store, indoor car sales. Uses not included: major mechanical work; body work; painting; steam cleaning; welding; outdoor car sales; storage of automobiles not in operating condition; commercial parking lot or commercial garage; or any work involving undue noise, glare, fumes or smoke, all of which are considered auto - related industrial activities. See Article 6, Section 6.3.1. Entertainment Establishment: A place of business serving the amusement and recreational needs of the community. Such facilities may include, but not limited to: cinemas, billiard parlors, teen clubs, dance halls, or video arcades. Uses not included: Entertainment Establishment, adult. Entertainment Establishment, Adult: A place of business that sells, rents, leases, trades, barters, operates on commission or fee, purveys, displays, or offers only to or for adults products, goods of any nature, images, reproductions, activities, opportunities for experiences or encounters, moving or still pictures, entertainment, or amusement distinguished by purpose and emphasis on matters depicting, describing, or relating by any means of communication from one (1) person to another to "specified sexual activities" or "specified anatomical areas" as herein defined. An adult entertainment or adult service establishment is not open to the public generally but only to one (1) or more classes of the public, excluding any person under twenty-one (21) years of age. It is the intent of this definition that determination as to whether or not a specific establishment or activity falls within the context of regulation in this Code shall be based upon the activity therein conducted or proposed to be conducted as set out above and in these regulations shall not depend upon the name or title of the establishment used or proposed. Thus, the terms "adult bookstore," "adult massage parlor," "adult motion picture theater," "adult private dancing," and "adult escort service" are encompassed within this definition of "adult entertainment or services," but the term "adult entertainment or adult services" is not to be deemed limited by the enunciation of specific activities listed before. See Article 6, Section 6.3.2. Food Service Establishment: A place of business dedicated to the preparation and sale of food and beverage for immediate consumption on or off site. Alcohol Beverage Service Establishment: A place of business selling alcoholic beverages for consumption on the premises, and where the sale of food may be incidental to the sale of such beverages. This includes any establishment in receipt of a valid alcoholic beverage license from the state which permits the sale for consumption on the premises of alcoholic beverages as a principal use. Alcohol beverage service establishments may include, but are not limited to: bars, taverns, cocktail lounges, nightclubs or supper clubs. General Commercial: A place of business providing the sale and display of goods or sale of services directly to the consumer, with goods available for immediate purchase and removal from the premises by the purchaser. General commercial services include, but are not limited to, barber shops; beauty salons; travel agencies; fortune tellers; retail dry cleaning; express delivery service; health spas and fitness studios; photo studios; funeral homes; animal clinics; repair service establishments, excluding auto related or marine related establishments; commercial storage; and the like. General commercial goods 1.3 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 include, but are not limited to, clothing, food, furniture, pharmaceuticals, books, art objects and the like. Marine -Related Establishment: A place of business serving marine -related needs including but not limited to: boat repairs, boat storage, boat servicing, boat rentals; or a place of business provides marine -related retail including but not limited to: bait and tackle stores, boat sales, and marine supplies stores. Uses not included are all work on vessels which exceed eight (8) feet in width; all vessel paint and body work; and major engine work or overhaul, all of which are considered marine -related industrial activities. Open Air Retail: A retail sales establishment operated substantially in the open air including, but not limited to: vending cart, push cart, kiosk, farmers market, and the like. Uses not included are: car sales, equipment sales, boats sales, and home and garden supplies and equipment. See Article 6, Section 6.3.4. Place of Assembly: A commercial facility for public assembly including, but not limited to: arenas, auditoriums, conference facilities, convention centers, exhibition halls, major sports facilities, theaters and performing arts centers, and the like. Recreational Establishment: A place of business providing group leisure activities, often requiring equipment and open to the public with or without entry or activity fees. This may include, but is not limited to: game courts, skating rinks, bowling alleys, commercial golf facility gyms or sports rooms. e. CIVIC This category is intended to encompass land use functions predominantly of community - oriented purposes or objectives including those of not-for-profit organizations dedicated to arts and culture, education, recreation, religion, government, and the like. Community Facility: A non-commercial facility established primarily for the benefit and service of the general public of the community in which it is located. Such facilities include, but are not limited to: community centers; City of Miami NET offices; and cultural facilities, such as libraries and museums. Recreational Facility: A non-commercial facility, primarily an open space, serving the recreation needs of the general public. This may include but is not limited to: golf courses, parks, camping facilities, playfields and playgrounds. Religious Facility: A facility used for regular organized religious worship and related activities. f. CIVIL SUPPORT This category is intended to encompass land uses predominantly supportive of other urban uses and functions. WE MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Community Support Facility: A facility providing basic services, for the benefit and service of the population of the community in which it is located. Such facilities may include but are not limited to: police and fire stations, adult daycare centers, community residences with 15 or more residents, extended care facilities, nursing homes, convalescent homes, or assisted care community as defined by Florida Statutes § 429. See Article, 6, Section 6.4.1. Infrastructure and Utilities: A facility related to the provision of roads, water and sewer lines, electrical, telephone and cable transmission, and all other utilities and communication systems necessary to the functioning of a community. See Article 6, Section 6.4.2. Major Facility: A large facility of an institutional nature including but not limited to hospitals, public health and social service facilities, research laboratories, shelters, judicial buildings, jails and detention facilities, work camps, cemeteries, mausoleums, ambulance services, or the like. Marina: A facility for storage, servicing, fueling, berthing, or securing of boats. The use does not include marine -related industrial activities. Public Parking: A parking facility available to the general public for parking motor vehicles, including parking lots or garages. Rescue Mission: A facility by any name providing assistance to homeless, needy or indigent persons, including assistance for food, housing, counseling, instruction, vocational training or other incidental services customarily provided at missions. Transit Facility: A facility providing accommodations by public, private, or nonprofit entities for the conveyance of persons from one place to another by means of a transportation system, including but not limited to: bus terminal, railroad station, freight terminal, airport, helistop or seaport. See Article 6, Section 6.4.3 g. EDUCATIONAL This category is intended to encompass land use functions connected with providing education, training, or care of children and students of all ages. Childcare: A facility where six (6) or more children are cared for on a part-time basis by day or by night including after-school care. The term does not include community based residential facilities, family daycare homes, foster homes, group homes, rehabilitation or detention centers, orphanages, or other places operating primarily for remedial care. See Article 6, Section 6.5.1. College / University: A facility for post -secondary education that grants associate, bachelor, master or doctoral degrees, and may include research functions or professional schools. Elementary School: A facility offering instruction at the elementary school level. 1.5 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Learning Center: A facility offering to students training, tutoring or instruction in subjects such as languages, music, fine arts or dance. This may include provision of electronic testing and distance learning. Middle / High School: A facility offering instruction at the middle or high school level. Pre -School: A facility offering care and instruction of children who are pre -elementary school age. Research Facility: A facility conducting research, development, and testing in various fields of science. Special Training / Vocational: A facility offering instruction or training in trades or occupations such as secretarial, paralegal, business, beauty, barber, bartender, acupuncture, massage, design, fine arts, music and dance or other similar vocations. This classification excludes training and education in any activity that is not otherwise permitted in the zone. h. INDUSTRIAL This category is intended to encompass land use functions connected with a business or activity involving manufacturing, fabrication, assembly, distribution, disposal, warehousing or bulk storage, trucking and equipment facilities, and other business serving primarily industrial needs. Residential uses are not permitted except for live -aboard in commercial marinas, and limited work -live uses. Auto -Related Industrial Establishment: A facility conducting activities associated with the repair or maintenance of motor vehicles, trailers, and similar large mechanical equipment; paint and body work; major overhaul of engine or engine parts; vehicle impound or wrecking yard; outdoor vehicle sales, storage or repair; and government vehicle maintenance facilities. This includes auto related uses not otherwise allowed within the commercial auto related establishment category. Manufacturing and Processing: A facility primarily engaged in the manufacturing, processing, repair or assembly of goods. Premises may include retail or wholesale sales. Marine -Related: A facility conducting activities associated with the construction, repair, and operation, storage, loading and unloading of boats, and other activities the primary purpose of which is to facilitate the maritime industry. All work on vessels which exceed eight (8) feet in width; all vessel paint and body work; and major engine work or overhaul, shall all be considered marine -related industrial activity. Products and Services: A public or private facility providing industrial and other services to individuals or businesses. This includes but is not limited to laundry or dry cleaning plants; metal, machine or welding shops. This also includes special services such as pawn shops, pharmaceutical laboratories, animal kennels, government maintenance facilities, hiring halls, labor pools, and waste facilities. See Article 6, Section 6.6.1. W MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Storage and Distribution: A facility providing long-term or short-term storage, selling or distribution of merchandise. This includes but is not limited to: container yards; crating, packing and shipping service; heavy equipment sales, service and storage; storage, warehousing or distribution establishments; public storage facilities; or outdoor storage of building materials. See Article 6, Section 6.6.2. (A MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 1.2 DEFINITIONS OF TERMS This section provides definitions for terms in this Code that are technical in nature or that might not be otherwise reflect a common usage of the work. If a term is not defined in this Article, then the Zoning Administrator shall determine the correct definition of the term. Abutting: To reach or touch; to touch at the end or be contiguous with; join at a border or boundary; terminate on. Abutting properties include properties across a street or alley. Accessory Structures: An accessory structure is a structure customarily incidental and subordinate to the principal structure and, unless otherwise specifically provided, located on the same premises. "On the same premises" shall be construed as meaning on the same Lot or on a contiguous Lot in the same ownership. Where a Building is attached to the Principal Building, it shall be considered part thereof, and not an Accessory Structure. Adaptive Reuse: Rehabilitation or renovation of existing Building(s) for any use(s) other than the present use. Adult: An adult is a person eighteen (18) years of age or older Adult Daycare Center: A facility which provides limited supervision and basic services on a part-time basis by day or evening, but not overnight, to three (3) or more adults other than the family/employee occupying the premises. The term does not include community residential homes, nursing home facilities or institutions for the aged. Albedo: The ratio of light reflected by a surface. Allee: A regularly spaced and aligned row of trees usually planted along a Thoroughfare or Pedestrian Path. Alley: A Thoroughfare (not officially designated as a street) designated by a recorded plat, deed, or legal instrument, to be a secondary means of vehicular access to the rear or side of properties otherwise abutting a street; an Alley may consist of a vehicular driveway located to the rear of lots providing access to outbuildings, service areas and parking, and containing utility easements. Alterations, Structural: Structural alterations are any change, removal, replacement, reinforcement or addition of beams, ceiling and floor joists, reinforced concrete floor slabs (except those on fill), load bearing partitions, columns, exterior walls, stairways, roofs, corridors or other structural materials used in a Building that support the said beams, ceiling and floor joists, load bearing partitions, columns, exterior walls, stairways, roofs, or structural materials used in the Building or structure. The term is applicable to any Building or structure or any part thereof, whether or not permanent or temporary shoring is used during construction and whether or not additions to or rebuilding of the major portion of an existing building are being accomplished. Ambulance Service: A facility which provides emergency medical transportation or paramedical emergency or trauma care en route to an extended care or medical facility. W., MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Animal Clinic: A facility which provides medical and surgical care for animals and does not include boarding facilities for healthy animals, but may allow overnight boarding for sick animals, in a completely enclosed building. Animal Kennel: A facility which provides boarding services for eight (8) or more animals. Antennas, miscellaneous: Any roof -mounted structure intended for the transmission or reception of radar, radio, television, or telephone communications, excluding traditional single-family residential television antennas, amateur radio antennas, satellite earth stations and microwave antennas. Arcade: A covered pedestrian way within a building or along the side of a Building at the first floor, which may provide access to shops along one (1) or more sides. Architectural Features: Prominent or significant parts or elements of a Building or structure. Architectural Style: The characteristic form and detail of Buildings from a particular historical period or school of architecture. Atlas, Miami 21: The atlas adopted under the Miami 21 Code. Average Sidewalk Elevation: The average of the record profile grade elevation of each of the streets abutting a development, as determined and on file with the City of Miami Public Works Department. Awning: A movable roof -like structure, cantilevered or otherwise entirely supported from a Building, used to shade or screen windows or doors. Backbuilding: A single -story structure with a maximum width of twelve (12) feet connecting a Principal Building to an Outbuilding. See Article 4, Table 8, Diagram C. Balcony: An unenclosed habitable structure cantilevered from a facade or elevation. Base Building Line: The officially mapped street lines. Lines so established may fall within the boundaries of lots and shall be used instead of the lot lines adjacent to the streets in determining the Layers and Setbacks. Bicycle Lane: A lane dedicated for bicycle use demarcated by striping or otherwise separated from vehicle lanes. Bicycle Route: A Thoroughfare designated for shared use of bicycles and automobiles. Blank Masking: A plain strip, bearing no advertising matter around the edge of a sign. Block: The aggregate of private lots, passages, rear lanes and Alleys, the perimeter of which abuts Thoroughfares. WE MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Block Face: The aggregate of all the Building Facades on one side of a block. The Block Face provides the context for establishing architectural harmony. Brownfield: An area having been used primarily as an industrial or commercial site with perceived or actual presence of environmentally hazardous substance. Buffer: An area of land, including landscaping, berms, walls, fences, and building Setbacks, which is located between land uses of different characters and is intended to mitigate negative impacts of the one intense use on a residential or vacant parcel. Buildable Area: The portion of a Lot remaining after required Setbacks have been provided. Buildings may be placed in any part of the buildable area, but limitations on percent of the Lot which may be covered by Buildings may require Open Space within the buildable area. Building: Any structure having a solid roof intended for shelter or enclosing of persons, animals, chattels, property, equipment or a process of any kind or nature, excluding freestanding tents, freestanding awnings, and cabanas and screened enclosures. Building Code: The State of Florida Building Code. Building Configuration: The form of a Building, based on its massing, private frontage, and height. Building Disposition: The placement of a Building on its Lot. 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. Build -to line: A line established within a given Lot indicating where the outer edge of a structure must be located. By Right Permit: A permit issued for an application that complies with this Code and shall be processed administratively by the Building Department or Office of Zoning, without public hearing. Canopy: A fixed -roofed structure which provides shade or protection and is in whole or in part self-supporting with open sides. Car shelter: A structure made of canvas, aluminum, or similar materials, or any combination thereof, on movable framing for the shade and shelter of one (1) or two (2) private passenger vehicles. Carport: A portion of a principal residential Building or a Building accessory to a residential use designed to be used for shelter of motor vehicles, unenclosed at the vehicular entry side and for an area at least equal to twenty (20) percent of the area of the outer surface of walls, 1.10 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 which might otherwise be constructed along its entire remaining perimeter. Where enclosure exceeds this amount, the shelter shall be construed to be a garage. Change of use: A discontinuance of an existing use and the substitution therefore of a use of a different kind. Change of use is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use. City: The City of Miami, Florida. City Code: The Code of Ordinances of the City of Miami. City Commission: The city commission of the City. Civic Building: A Building designed specifically for a civic function. Civic Space: An outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationship between their intended use, their size, their landscaping and their enfronting buildings. Commercial Storage Facility: A facility providing for the storage of office furnishings, archive records and general personal property of businesses, agencies and professionals. Such personal property is limited to: furniture and other household goods and retail merchandise to be sold at nearby establishments. Storage of heavy equipment or any property that may be deemed hazardous, such as property which is inflammable, combustible, explosive or dangerous is prohibited. Commercial Vehicle: A commercial vehicle is any vehicle designed, intended or used for transportation of people, goods, or things, not including private passenger vehicles and trailers for private nonprofit transport of goods or boats. Comprehensive Plan: The Miami Comprehensive Neighborhood Plan. Construction, Actual: The placing of construction materials in a permanent position and fastened in a permanent manner; except that, where demolition, excavation, or removal of an existing structure has been substantially begun preparatory to new construction, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be continuously carried on without interruption, except for just cause, until the completion of the new construction involved. (See definition contained herein for Continuously.) Context: Surroundings made up of the particular combination of elements that create specific character in the area. Continuously: As defined with reference to actual construction defined herein, continuously shall mean that work is underway for at least fifty (50) percent of the working days (Monday through Friday, national holidays excluded) since construction began. See also Construction, Actual. Corridor: A lineal geographic system incorporating transportation or greenways. MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Lot Coverage: That portion of a Lot covered by Buildings or roofed structures. Courtyard: Open Space, partially defined by walls or buildings as regulated by this Code Curb: The edge of the vehicular pavement detailed as a raised concrete or stone element, or flush with a swale. The Curb usually incorporates the drainage system. Density: The number of Dwelling Units within a standard measure of land area, usually given as units per acre. Design Speed: The velocity at which a Thoroughfare is designed to be driven. Detention Facilities: See Jail. Development: Development shall have the meaning given it in section 380.04, Florida Statutes. Development Permit: The term "development permit" includes any building permit, zoning permit, warrant, exception, waiver, subdivision approval, rezoning, certification, special permit, variance, sign permit or any other official action of the City of Miami having the effect of permitting development. Director: Unless otherwise specified, the term "Director" shall mean the Director of the Department of Planning for the City. Drive-through / Drive-in Facility: A place of business including drive-through banks or teller windows, drive-through eating and drinking establishments, drive-through windows at liquor or other stores, or at laundry and dry cleaning agencies, car washes, and similar facilities, but excludes automotive service stations. See Article 6, Section 6.3.3.1. Driveway: A vehicular lane within a lot, usually leading to a garage or carport. A Driveway in the First Layer may be used for parking if it is less than twelve (12) feet wide, above which dimension it becomes subject to the constraints of a parking lot. Dwelling Unit: Residence of a single housekeeping unit. See Article 6, Section 6.2.1.1. Elevation, Building: An exterior wall of a building not along a Frontage Line (See Fagade). Elevation, Floor: Height of floor level. Eligible Historic Resource: Archeological sites; individual historic resources; contributing buildings within a historic district; as qualified by the Planning Director for their eligibility for the transfer of development rights incentive described in Chapter 23 of the Charter and Code of the City of Miami, Florida. Employment Office: A place of business, other than a hiring hall or labor pool, offering individual job recruitment by specification of job qualifications and conduct of individual interviews by placement specialists onsite to meet those job specifications. 1.12 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Encroachment: Building element permissible within required Setback. Enfront: To place an element along a Frontage Line, as in "porches enfront the street." Entrance, principal: The main point of access of pedestrians into a Building. Extended Care Facility or Nursing Home: An institution which is licensed by the State of Florida to provide health care or medical supervision for twenty-four (24) or more consecutive hours for three (3) or more persons not related to the governing authority by blood, marriage or adoption. Exception: Permit approved pursuant to the requirements of Article 7, Section 7.1.2.6 of this Code. Facade: The exterior wall of a building that is set along a Frontage Line. (See Elevation) Family Care Home: A family care home is an occupied residence, registered and licensed by the State of Florida, where five (5) or fewer preschool children from more than one (1) unrelated family receive care on a regular part-time basis by day or by night and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. Fire Station: A Building housing fire equipment and firefighters. Fishing Pier: A dock or wharf providing a recreation opportunity for sport fishing. See Article 6, Section 6.2.2. Flea Market: An open area or building used for occasional or periodic sale of goods by individual sellers for limited periods of time. Floating Structure: A floating barge -like entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water, but serves purposes or provides services typically associated with a structure or other improvement to real property. The term "floating structure" includes, but is not limited to, each entity used as a residence, place of business, office, hotel or motel, restaurant or lounge, clubhouse, meeting facility, storage or parking facility, mining platform, dredge, dragline, or similar facility or entity represented as such. Floating structures, as defined herein, are expressly excluded from the definition of the term "vessel" provided in section 327.02(27), Florida Statutes (1989) , and is also excluded from the definition of "private pleasure craft." Incidental movement upon water shall not, in and of itself, preclude an entity from classification as a floating structure. A floating structure is expressly included as a type of tangible personal property (from section 192.001(17), Florida Statutes (1989) (See illustration included with Ordinance No. 10932, adopted October 24, 1991.) Floorplate: The total indoor and outdoor Floor Area of any given Story of a Building, measured to the exterior of the wall or balcony. 1.13 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Floor Area: The floor area within the inside perimeter of the outside walls of the Building including hallways, stairs, closets, thickness of walls, columns and other features, and parking and loading areas, and excluding only open air corridors, porches, balconies and roof areas. Floor Lot Ratio (FLR): The multiplier applied to the Lot Area that determines the maximum building area allowed above grade in a given Transect Zone. Frontage: Property line or Base Building Line abutting a public space, such as a Thoroughfare, whether at the front, rear, or side of a lot. Frontage, Principal: That Frontage facing the public space such as a Thoroughfare of higher pedestrian importance. Frontage, Private: The layer between the Frontage Line and the principal Building Facade. The structures and landscaping within the Private Frontage may be held to specific standards regarding the depth of the setback and the combination of architectural elements such as fences, stoops, porches and galleries. Frontage, Public: The area between the curb of the vehicular lanes and the Frontage Line. Elements of the Public Frontage include the curb, sidewalk, planter, street tree, streetlight, street furniture, etc. Frontage, Secondary: On a lot that has two or more Frontages, that Frontage facing the public space such as a Thoroughfare that is of lesser pedestrian importance. Frontage Line: That Lot line at the front, rear or side of a Lot that coincides with a public right-of-way or edge of a space designated for public use. Facades parallel to Frontage Lines define the public realm and are therefore more regulated than the elevations that coincide with other Lot Lines. Function: The land use allowed on property according to this Code. Funeral Home: A facility licensed by the state and containing suitable storage room for the dead including embalming facilities, and may also provide rooms for the display of the dead or ceremonies connected with burial or cremation. Gallery: A covered pedestrian area abutting the side of a Building on any floor, which may provide access along one or more sides. Government Maintenance Facilities: Building, land, or structure designed and intended to be used in the routine upkeep and repair of government owned or leased equipment. Green Space: An Open Space outdoors, at grade, unroofed, landscaped and free of impervious surfaces. Greenway: An Open Space corridor in largely natural condition which may include trails for bicycles and pedestrians. 1.14 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Habitable Rooms: Rooms designed and used for living, sleeping, eating, or cooking, or combinations thereof. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry and utility spaces, basement recreation rooms, and similar areas are not considered Habitable Rooms. Habitable Space: Building space which use involves human presence with direct view of the enfronting streets or public or private open space, excluding parking garages, self- service storage facilities, warehouses, and display windows separated from retail activity. Height: See Building Height. Hiring hall: A place of business providing employment services for laborers. Such services generally involve short term hiring of unskilled manual help, with little or no qualifications required, or the need of individual interviews by placement specialists. Hospital: An institution having an appropriate license or certificate of need issued by the State of Florida and providing primary health, medical, or surgical care to persons suffering from illness, disease, injury, deformity or abnormal mental conditions; and may include related accessory facilities such as laboratories, outpatient or training facilities. House Barge / Houseboat: A floating structure used as a residence. A vessel, a private pleasure craft, consisting of a hull and superstructure supported in the water by integral flotation devices, not suitable for rough water, and designed and manufactured to be self- propelled. See Article 6, Section 6.2.2. Infill: A Building project within existing urban fabric. Inside Turning Radius: The curved edge of a thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. Jail: A building designated by law or regularly used for the confinement of persons held in lawful custody. Labor pool: See Hiring Hall. Large Scale Retail: A retail or wholesale business occupying more than 55,000 square feet of gross floor area with a high parking requirement and with a regional market area, including but not limited to retail/wholesale sales, membership warehouse clubs, discount stores and department stores. See Article 6, Section 6.3.3.2. Laundry / Dry Cleaning Plant: An establishment providing washing, dry cleaning, dyeing, pressing, or special similar services, not open to or for the direct use of the general public. Layer: A range of depth of a Lot within which certain elements are permitted as regulated in this Code. See Article 4, Table 8, Diagram D. Layer, First: The distance between the Base Building Line and the required Setback 1.15 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Layer, Second: Twenty feet (20) from the face of the Building. Layer, Third: That portion of the Lot that is not within the First and Second Layer LEED: Leadership in Energy and Environmental Design. Level of Service (LOS): An indicator of the extent or degree of service provided by or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of service indicates the capacity per unit of demand for each public facility adopted by the Comprehensive Plan in order to ensure that adequate facility capacity will be provided for future development and for purposes of issuing development orders or development permits, pursuant to section 163.3202(2)(g), Florida Statutes. Liner: A building or part of a building with Habitable Space specifically designed to enfront a public space, masking a function without capacity to monitor public space, such as a parking lot, parking garage or storage facility. Loading Space: An area in which goods and products are moved on and off a vehicle, including the stall or berth and the apron or maneuvering room incidental thereto. Lodging Unit: Attached or semi-detached living quarters comprised of furnished room(s) with approximately two hundred (200) gross square feet or more in area, including sanitary facilities but with only limited kitchen facilities, if any; not qualifying as a Dwelling Unit or efficiency apartment; occupied by transients on a rental or lease basis for limited periods of time. Lot: A Lot or Lot of record is any platted Lot(s), tract(s) or parcel of land, intended as a single building site or unit, or as a phased project, having an assigned number or numbers, letter or letters, or other name through which it may be identified for transfer of ownership for development, subject to the requirements, limitations and exceptions of chapter 54.5, Subdivision Regulations, section 54.5-11 building permits; issuance; restrictions, exceptions, of the City Code. In no case of division or combination by private action shall any residual Lot be created which does not meet the requirements of this Code and other applicable regulations. Lot Area: The total area within the Lot Lines. Lot, Conforming: A parcel of land meeting the requirements of this Code as to dimensions (width, depth, or area) and access. Lot, Corner: A Lot or parcel of land abutting two (2) or more streets at their intersection, or two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. Lot Coverage: The area of the Lot occupied by all Buildings, excluding structures such as decks, pools, and trellises. Lot, Interior: A Lot abutting upon only one (1) street. 1.16 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Lot, Nonconforming: A parcel of land with dimensions or access not meeting minimum requirements of this Code. Lot, Regular: A Lot abutting a public street or approved private street, so located, shaped, and oriented to the street and to adjacent Lots as to be reasonably adapted to application of general requirements and limitations of this Code. Lot, Through: A Lot other than a corner Lot, and with frontage on more than one (1) street; alleys shall not be considered as streets for purposes of this definition. Lot Line: The boundary that legally and geometrically demarcates a Lot. Lot Width: The length of the narrowest dimension Frontage Line of a Lot. Major Recreational Equipment: Vehicles including travel trailers, pickup campers, converted trucks or buses, motorized homes, tent campers, tents, or other short-term housing or shelter arrangements and devices, boats and boat trailers, combinations thereof, and other similar equipment, and trailers, cases, and boxes for transporting recreational equipment, whether occupied by such equipment or not. Marine Landing Facilities: Structures or buildings associated with the operation, landing, or takeoff of amphibious craft. Meeting Hall: A building available for gatherings, including conferences. Mitigation: Measures taken to eliminate, minimize, or compensate for damages from development activity. Mixed -Use: Multiple functions within the same Building or in multiple Buildings within the abutting area. Mixed-use is one of the principles of transit -oriented pedestrian friendly development from which many of its benefits are derived, including compactness, pedestrian activity, and parking space reduction. Natural Features: Physical characteristics of the subject property that are not man made. Navigable Waterway: The navigable part of a waterway, centrally located with respect to the theoretical axis of the waterway (or the axis of the improved channel of the Miami River) which provides a throughway or access aisle for manned vessels. Neighborhood: An urbanized area that is primarily Residential. A Neighborhood shall be based upon a partial or entire Standard Pedestrian Shed. The physical center of the Neighborhood should be located at an important traffic intersection associated with a Civic or Commercial institution. NET: City of Miami's Neighborhood Enhancement Team. Nonconforming Characteristics of Use: Characteristics of use where the nonconformity was created by ordinance adoption or amendment, as well as those where nonconformity was created by public taking or court order, as provided in Article 7 of this Code. 1.17 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Nonconforming Structure: Any building or structure where the nonconformity was created by ordinance adoption or amendment, as provided at Article 7 of this Code. The element of use is not a factor in determining structural nonconformity. Thus a structure in nonconforming use is not to be construed as a Nonconforming Structure if otherwise lawful under district regulations concerning building disposition, building configuration, building density, Floor Lot Ratio, or requirements other than those applying to use. Nursing Home or Extended Care Facility: An institution which is licensed by the State of Florida to provide health care or medical supervision for twenty-four (24) or more consecutive hours for three (3) or more persons not related to the governing authority by blood, marriage or adoption. Off-site Parking: Spaces provided for vehicles and located outside of the boundaries of the Lots to be served. Off-street Parking: Any land area designed and used for parking motor vehicles including parking lots and garages, driveways, garages serving residential uses, but excluding areas of public streets and rights-of-way. See Article 6, Section 6.7. Open Space: Any parcel or area of land or water essentially unimproved by permanent buildings and open to the sky; such space shall be reserved for public or private use. Open Spaces may include parks, greens, squares, courtyards, gardens, playgrounds, paseos (when designed predominantly for pedestrians), and pedestrian paths or associated landscaped areas. Outbuilding: A Building, usually located towards the rear of the same Lot as a Principal Building. It is sometimes connected to the Principal Building by a Backbuilding. See Article 6, Section 6.2.1.2 Outdoor Photographic Stage Sets: A physical reproduction of a building facade of an architectural or historical period which provides the photographer with a controlled setting exposed to natural lighting and the elements; where certain effects can be obtained that would otherwise not be feasible given the constraints of an indoor studio. Park: A tract of land designated and used by the public for active and passive recreation. Parking Area: Any area designed and used for parking motor vehicles including parking lots and garages, driveways, garages serving residential uses, and public streets and rights-of- way. Parking Garage or Parking Structure: A structure containing vehicular parking, including mechanical parking systems. Parking structures above grade shall have at least one pedestrian entrance directly from the Sidewalk in addition to any internal connections to the building served. Parking Structures shall have Liner Buildings as described in this Code. Parking, Tandem: The placement of vehicles one behind the other as opposed to side by side. 1.18 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Pawnshop: Establishments which provide loans upon delivery of personal goods or other chattel as security and sell those same items as a secondhand retail service. Pedestal: In T6 Zones, that portion of a building up to the eighth Story. Pedestrian Orientation: The characteristics of an area where the location and access to Buildings, types of uses permitted on the street level, and storefront design relate to the needs of persons on foot. Pedestrian Passage: A public open space restricted to pedestrian use and limited vehicular access that connects streets, plazas, alleys, garages and other public use spaces. Pedestrian Shed: An area, approximately circular, that is centered on a common destination. A Pedestrian Shed is applied to determine the approximate size of a Neighborhood. A Standard Pedestrian Shed is 1/4 mile radius or 1320 feet, about the distance of a five-minute walk at a leisurely pace. It has been shown that provided with a pedestrian environment, most people will walk this distance rather than drive. The outline of the shed must be refined according to actual site conditions, particularly along Thoroughfares. The common destination should have the present or future capacity to accommodate Transect Zones successional in density to its surroundings. A Long Pedestrian Shed is 1/2 mile radius or 2640 feet, and may be used for mapping a Transit Oriented Development (TOD) when transit is present or proposed. (Sometimes called a "walkshed" or "walkable catchment"). A Linear Pedestrian Shed is elongated to follow a Commercial corridor, measuring'/4 mile out from the center line of the corridor. Personal Wireless Service Facility (PWSF): A facility for the provision of personal wireless services, as defined by the federal Telecommunications Act of 1996. A PWSF is any facility for the transmission or reception of personal wireless services, which may consist of an antenna array, transmission cables, equipment shelter or building, access road, mount, and a guy system. Such facilities may include "monopole" or "lattice tower (tower)" structures. Pharmaceutical Laboratories: Pharmaceutical laboratories are facilities equipped and intended for the testing of pharmaceutical products, particularly their effects on the human body. Such research primarily entails the evaluation of the absorption, elimination, bioavailability and pharmacodynamics of medications administered to research participants. Due to the standard protocols associated with such research, test subjects must remain on- site for prolonged periods including overnight stays. Pier: A platform extending from shore over water used to secure and protect vessels or allow pedestrian access to extend over water. Planter: The element of the public streetscape which accommodates street trees. Planters may be continuous or individual and separated. Plaza: An Open Space which may be improved, landscaped, or paved usually surrounded by building or streets. Playground: An Open Space designed for the recreation of children 1.19 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Porch: An open air room appended to the mass of a building with floor and roof but no walls on at least two sides. Porte-cochere: See Carport. Primary -Secondary Grid: Thoroughfare designations appearing on plan adopted under this Code or a Special Area Plan. Buildings on the Primary -Grid (A -Grid) are subject to all of the provisions of this Code. Buildings on the Secondary -Grid (B -Grid) are exempt from certain provisions, allowing for open parking lots, unlined parking decks, drive-throughs and hermetic building fronts. Principal Building: A structure used to enclose or house the primary use(s) located on a parcel; or the main Building on a lot, usually located toward the front. Property Line: Demarcation of private property ownership. Public Storage Facilities: An establishment containing separate, secured self -storage areas or lockers used for the temporary storage of household items and seasonal or recreational vehicles, small boats, trailers etc. These facilities cater primarily to the needs of nearby residents. See Article 6, Section 6.3.3.3. Retail Frontage Line: Frontage Lines designated on a Special Area Plan that require the ground level to be available for retail use. Rowhouse: A dwelling unit that shares a party wall with another dwelling unit of the same type. Scale: The spatial relationship among structures along a street or block front, including height, bulk and yard relationships. Scale also refers to the proportional relationship of the size of parts to one another and to the human figure. Screening: Visually shielding or obscuring one structure or use from another by a liner building, fencing, wall, or densely planted vegetation. Secondary Grid: See Primary -Secondary Grid. Setback: The distance from the Base Building Line to the point where a Building may be constructed. This area must be maintained clear of permanent structures with the exception of encroachments described in each Transect Zone. Shared Parking Policy: An accounting for parking spaces that are available to more than one function. Sidewalk: The paved layer of the Public Frontage dedicated exclusively to pedestrian activity. Solid Waste Facility: Facility for the disposition of unwanted or discarded material including garbage with insufficient liquid content to be free flowing. 1.20 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Special Area Plan: Plan approved pursuant to Section 3.8 of this Code Specified Anatomical Areas: Those areas of the human body, less than completely and opaquely covered, which consist of: (1) female genitals or pubic region; (2) male or female buttocks, anus, anal cleft, or cleavage; (3) female breast below a point immediately above the top of the areola; or (4) human male genitals in a discernibly turgid state. Specified Sexual Activities: Those activities which, when described, displayed, exhibited, simulated, or depicted by whatsoever medium in an adult entertainment service establishment: (1) show the human genitals in a state of sexual stimulation, or being aroused to a state of sexual stimulation, (2) show acts of human masturbation, human sexual intercourse, or sodomy; or sexual acts between humans and animals; (3) show one (1) human being fondling or touching erotically the genitals, pubic area, buttock, anus, or female breast of another human being. Stall / Berth: The space where vehicles are placed for parking or loading or unloading operations. Stoop: A small stair, landing or ramp connecting a building entrance to the sidewalk. Story: A level within a building by which Height is measured. Streetscape: The urban element that establishes the major part of the public realm. The streetscape is composed of Thoroughfares (travel lanes for vehicles and bicycles, parking lanes for cars, and Sidewalks or paths for pedestrians) as well as the amenities of the Public Frontages (street trees and plantings, benches, streetlights, paving, street furniture, etc.), and the visible Private Frontages (Building Facades and elevations, porches, yards, fences, etc.). Streetscreen: A freestanding wall required in Transect Zones T5, T6, D1 and D2 built along the Frontage line, or coplanar with the Facade, often for the purpose of masking a parking lot from the Thoroughfare. Structure: A structure is anything constructed or erected, the use of which requires fixed location on the ground or attachment to something having fixed location on the ground or on or below the surface of the ground or water. Towing Service: Establishment which provides for the removal and temporary storage of vehicles but does not include disposal, permanent disassembly, salvage or accessory storage of inoperable vehicles. Transmission Towers: Freestanding structures intended for the support of antennas used in the reception and relay of radar, radio, cellular, television or telephone communications. Travel Trailer / Recreational Vehicle: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, or vacation purposes. This includes pickup campers, converted trucks, converted buses, converted automobiles, tent or pop -out campers, tents, or other short-term housing or shelter arrangements. 1.21 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Terminated Vista: A location at the axial conclusion of a Thoroughfare. A Building located at a Terminated Vista designated on a Special Area Plan is required to be designed in response to the axis. Thoroughfare: A vehicular way incorporating moving lanes and parking lanes within a right- of-way as part of an interconnected network for vehicular, pedestrian, and bicycle mobility. Tower: In T6 Zones that portion of a building that extends above the Pedestal. Townhouse: See Rowhouse. Transect: A system of ordering human habitats in a range from the most natural to the most urban. Transect Zones describe the physical character of place at any scale, according to the density and intensity of land use and urbanism. Transect Zone (T -Zone): The identification of areas of varying intensity whose character and intensity is determined by the requirements for use, density, Height, Setback and the form of Building and the form of the enfronting public streetscape. The elements are determined by their location on the Transect scale. The T -Zones are: T1 Natural, T2 Rural, T3 Sub -Urban, T4 Urban General, T5 Urban Center, and T6 Urban Core, CS Civic Space, Cl Civic Institutional, and D1 Work Place and D2 Industrial. Transition Line: A horizontal line spanning the full width of a Facade, expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony. Transit Oriented Development (TOD): A designation established by the City in order to support/promote the use of public transit, involving an area of approximately 1/2 mile radius, with a convergence of modes of transit, or a train station. Type: A category determined by function, disposition, and configuration, including size or extent, such as street types, Civic Space types, etc. Underground Parking: Parking in which the ceiling or roof of the top level does not rise above any adjoining public Sidewalk. Unity of Title: A written agreement executed by and between a property owner and the City whereby the property owner for a specified consideration by the City agrees that the Lots and or parcels of land constituting the Building site shall not be conveyed, mortgaged and or leased separate and apart from each other and that they shall be held together as one (1) tract. Such unity of title shall be recorded in the Public Records of Dade County, Florida and shall run with the land and shall be binding upon the property owner(s), their successors and assigns. Urban Design: Form, in terms of both beauty and function, of urban areas. Urban design is concerned with the location, mass, and design of various urban components and combines elements of urban planning, architecture, landscape architecture, and traffic engineering. 1.22 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Urban Form: The spatial arrangement of a particular environment, as defined by the connectivity of built mass and form, the natural environment, and the movement of persons, goods and information within. Use: The purpose or activity for which land, water or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained. USGBC: United States Green Building Council. Variance: Permit approved pursuant to the requirements of Article 7, Section 7.1.2.7 of this Code. Vehicle Rental Facility. An establishment where motor vehicles are kept and maintained for lease, where such vehicles are dropped off or picked up and where customers complete all transactions necessary for the short term lease of such vehicles. Verge: The space between the Sidewalk and the Curb. Vessel: A vessel is any watercraft, power -driven or not, mobile or stationary, surface, subsurface or hydrofoil, including but not limited to ships, boats, houseboats, air boats, and sea planes, but excluding floating structures. Vessel, Commercial: A vessel built, altered, or used for the principal purpose of engaging in water -related commercial activity, including but not limited to charter boats, fishing boats, cruise ships, and freighters. Vessel, Private Pleasure Craft: A vessel which is privately owned or leased primarily for recreational purposes. Private pleasure craft do not include commercial, official, or scientific vessels. For regulatory purposes, private pleasure craft are divided into two (2) classes: Minor: Under sixteen (16) feet in length; Major: Sixteen (16) feet and over in length. Private pleasure craft may or may not contain facilities qualifying them residential use. Where they do contain such facilities, use within the city limits shall be governed as provided in this Code and other applicable regulations. View Corridor: An axial view terminating on a natural or historical feature Visibility, material impediment to: Any material obstruction to visibility that would result in concealment of a child more than two and one-half (2 1/2) feet in height approaching an intersection, or would conceal an approaching automotive vehicle or cyclist from such a child. In determining whether a material impediment exists to visibility, the speed, direction, and duration of movement to point of potential collision or contact shall be considered. Waiver: Permit approved pursuant to the requirements of Article 7, Section 7.1.2.5 of this Code. Warrant: Permit approved pursuant to the requirements of Article 71, Section 7.1.2.4 of this Code. 1.23 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 1.3 DEFINITIONS OF SIGNS Notwithstanding definitions in this Code referring to Lot Frontage, for the purpose of regulating the number of Signs, the term "fronting on a street," "street frontage," or "frontage" shall be construed as adjacent to a street, whether at the front, rear, or side of a Lot. Except as otherwise provided, any Sign bearing advertising matter shall be considered an Advertising Sign for the purposes of this Code. For purposes of this Code, and notwithstanding the definition of structure generally applicable in this Code, any trailer or other vehicle, and any other device which is readily movable and designed or used primarily for the display of Signs shall be construed to be a Sign structure, and any Signs thereon shall be limited in area, number, location, and other characteristics in accordance with general regulations and regulations applying in the Transect in which displayed. Changeable Copy Sign. Sign on which copy can be changed either in the field or by remote means. Marquee: A permanent, roofed structure that is attached to and supported by a Building and that projects over a public right-of-way. Media Tower: A structure that may serve as a viewing tower and a kinetic illuminated media display system, utilizing signage, video and all other forms of animated illuminated visual message media within the Southeast/Overtown Park West Redevelopment Area. Outdoor Advertising Business: The business use of providing outdoor displays or display space on a lease or rental basis for general advertising and not primarily or necessarily for advertising related to the premises on which erected. Such use shall be considered a separate business use of a site subject to licensing, and conformance of the permitted use of the Outdoor Advertising Sign shall be considered independently. Outdoor Advertising Sign: Sign where the sign copy does not pertain to the use of the property, a product sold, or the sale or lease of the property on which Sign is displayed and which does not identify the place of business as purveyor of the merchandise or services advertised on the Sign. Any Outdoor Advertising Sign located on a site is considered a separate business use of that site and conformance of the permitted use of the Outdoor Advertising Sign shall be considered independently. Sign: Any identification, description, illustration, or device, illuminated or non -illuminated, that is visible from a public right-of-way or is located on private property and visible to the public and which directs attention to a product, place, activity, person, institution, business, message or solicitation, including any permanently installed or situated merchandise, with the exception of window displays, and any letter, numeral, character, figure, emblem, painting, banner, pennant, placard, or temporary Sign designed to advertise, identify or convey information. The following are specifically excluded from this definition of "Sign:" 1. Governmental Signs and legal notices. 1.24 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 2. Signs not visible beyond the boundaries of the Lot or parcel upon which they are located, or from any public right-of-way. 3. Signs displayed within the interior of a Building which are not visible from the exterior of the building. 4. National flags and flags of political subdivisions. 5. Weather flags. 6. Address numbers, provided they do not exceed two square feet in area. 7. Signs located in the public right-of-way which shall be governed by Chapter 54 of the City Code. Sign, Address: Signs limited in subject matter to the street number or postal address of the property, the names of occupants, the name of the property, and, as appropriate to the circumstances, any matter permissible in the form of notice, directional, or warning Signs, as defined below. Names of occupants may include indications as to their professions, but any Sign bearing advertising matter shall be construed to be an Advertising Sign, as defined below. Sign, Advertising: Signs intended to promote the sale of goods or services, or to promote attendance at events or attractions. Sign, Animated: Any Sign or part of a Sign which changes physical position by any movement, or rotation, or which gives the visual impression of such movement or rotation. Sign, Revolving or Whirling: A revolving or whirling Sign is an Animated Sign, which revolves or turns, or has external Sign elements that revolve or turn, at a speed greater than six (6) revolutions per minute. Such Signs may be power -driven or propelled by the force of wind or air. Sign, Banner: A Sign made from flexible material suspended from a pole or poles, or with one (1) or both ends attached to a structure or structures. Where Signs are composed of strings of banners, they shall be construed to be pennant or streamer Signs. Sign, Canopy, or Awning: A sign painted, stamped, perforated, stitched or otherwise applied on the valance of an awning, eyelid or other protrusion above or around a window, door or other opening on a Facade. Sign, Construction: A temporary Sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of individuals or entities associated with, participating in or having a role or interest with respect to the project. Notable features of the project under construction may be included in construction signs by way of text or images. Sign, Development: Onsite Signs announcing features of proposed developments, or developments either completed or in process of completion. Sign, Flashing: A Sign which gives the effect of intermittent movement, or which changes to give more than one (1) visual effect. 1.25 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Sign, Ground or Freestanding: Any non-movable Sign not affixed to a Building, a self supporting Sign. Ground Signs shall be construed as including Signs mounted on poles or posts in the ground, signs on fences, Signs on walls other than the walls of Buildings, Signs on Sign vehicles, portable Signs for placement on the ground (A -frame, inverted T -frame and the like), Signs on or suspended from tethered balloons or other tethered airborne devices, and Signs created by landscaping. Sign, Hanging: A projecting Sign suspended vertically from and supported by the underside of a canopy, marquee, awning or from a bracket or other device extending from a structure. Sign, Home Office: A Sign containing only the name and occupation of a permitted home office. Sign, Identification: A Sign limited to the name, address and number of a Building, institution or person and to the activity carried on in the Building or institution or the occupation of the person. Sign, Illuminated: A Sign illuminated in any manner by an artificial light source. Where artificial lighting making the Sign visible is incidental to general illumination of the premises, the Sign shall not be construed to be an Illuminated Sign. Sign, Indirectly Illuminated: A Sign illuminated primarily by light directed toward or across it or by backlighting from a source not within it. Sources of illumination for such Signs may be in the form of gooseneck lamps, spotlights, or luminous tubing. Reflectorized Signs depending on automobile headlights for an image in periods of darkness shall be construed to be Indirectly Illuminated Signs. Sign, Internally (or directly) Illuminated: A Sign containing its own source of artificial light internally, and dependent primarily upon such source for visibility during periods of darkness. Sign, Notice, Directional, and Warning: For the special purposes of this Code, and in the interest of protecting life and property, notice, directional, and warning Signs are defined as Signs limited to providing notice concerning posting of property against trespass, directing deliveries or indicating location of entrances, exits and parking on private property, indicating location of buried utilities, warning against hazardous conditions, prohibiting salesmen, peddlers, or agents, and the like. Sign, Offsite: A Sign depicting or conveying either commercial or noncommercial messages, or combinations thereof, and not related to the uses or premises on which erected. Sign, Onsite: A Sign depicting or conveying either commercial or non-commercial messages, or combinations thereof, which are directly related to the uses or premises on which erected. 1.26 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Sign, Pennant or Streamer: Pennant or Streamer Signs, or Signs made up of strings of pennants, or composed of ribbons or streamers, and suspended over open premises or attached to Buildings. Sign, Portable: A Sign, not permanently affixed to a Building, structure or the ground. Sign, Projecting: A Sign wholly or partially attached to a Building or other structure and which projects more than twelve (12) inches from its surface. Sign, Real Estate: Signs used solely for the purpose of offering the property on which they are displayed for sale, rent, lease, or inspection or indicating that the property has been sold, rented, or leased. Such Signs shall be non -illuminated and limited in content to the name of the owner or agent, an address or telephone number for contact, and an indication of the area and general classification of the property. Real Estate Signs are distinguished in these regulations from other forms of Advertising Signs and are permitted in certain districts and locations from which other forms of Advertising Signs are excluded. Sign, Roof: A Sign affixed in any manner to the roof of a Building, or a Sign mounted in whole or in part on the wall of the Building and extending above the eave line of a pitched roof or the roof line (or parapet line, if a parapet exists) of a flat roof. Sign, Temporary: A Sign or advertising display intended to be displayed for a limited and brief period of time as regulated by the City Code and this Code. Sign, vehicle: A trailer, automobile, truck, or other vehicle used primarily for the display of Signs (rather than with Sign display incidental to use of the vehicle for transportation). Sign, Wall or Flat: A Sign painted on the outside of a Building, or attached to, and erected parallel to the face of a Building, and supported throughout its length by such Building. Sign, Window: A Sign painted, attached or affixed in any manner to the interior or exterior of a window which is visible, wholly or in part from the public right-of-way. Sign Structure: A structure for the display or support of Signs. Signs, Area Of: The surface area of a Sign shall be computed as including the entire area within a parallelogram, triangle, circle, semicircle or other regular geometric figure, including all of the elements of the matter displayed, but not including blank masking (a plain strip, bearing no advertising matter around the edge of a sign), frames, display of identification or licensing officially required by any governmental body, or structural elements outside the Sign surface and bearing no advertising matter. In the case of Signs mounted back-to-back or angled away from each other, the surface area of each Sign shall be computed. In the case of cylindrical Signs, Signs in the shape of cubes, or other Signs, which are substantially three-dimensional with respect to their display surfaces, the entire display surface or surfaces shall be included in computations of area. In the case of embellishments (display portions of Signs extending outside the general display area), surface area extending outside the general display area and bearing advertising material shall be computed separately as part of the total surface area of the Sign. 1.27 MIAMI 21 ARTICLE 1. DEFINITIONS PUBLIC HEARING -FIRST READING 2007-06 Signs, Number Of: For the purpose of determining the number of Signs, a Sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of units or where there is a reasonable doubt about relationship of elements, each element shall be considered to be a single Sign. Where Sign surfaces are intended to be read from different directions (as in the case of Signs back-to- back or angled from each other), each surface shall be considered to be a single Sign. 1.28 MIAMI 21 ARTICLE 2. GENERAL PROVISIONS PUBLIC HEARING -FIRST READING 2007-06 MIAMI 21 ATLAS THIS PAGE LEFT INTENTIONALLY BLANK. MIAMI 21 ARTICLE 2. GENERAL PROVISIONS PUBLIC HEARING -FIRST READING 2007-06 2.1 PURPOSE AND INTENT 2.1.1 Title and Purpose a. This Code shall be known as the Miami 21 Code of the City of Miami, Florida. This Code is declared to be in accord with the Miami Comprehensive Plan, as required by the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161 et seq., Florida Statutes, as amended (the "Comprehensive Plan"). A primary purpose of this Code is to implement the Comprehensive Plan. b. It is further the purpose of the Miami 21 Code to promote the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the city and to provide a wholesome, serviceable, and attractive community, including without limitation protection of the environment; conservation of land, energy and natural resources; improved mobility; more efficient use of public funds; greater health benefits of a pedestrian environment; historic preservation; provision of recreational and open spaces; reduction of sprawl; and improvement of the built environment and human habitat. c. To further the goals and objectives of the Comprehensive Plan and the purpose of this Code, the city is divided into Transect Zones ("T -Zones") of such number, characteristics, area, common unity of purpose, adaptability, or use as will accomplish the goals and objectives of the Comprehensive Plan and this Code. 2.1.2 Intent The Miami 21 Code is intended to advance the interests of both conservation and development while responding to the existing conditions of the city, its regional context, and its natural features, infrastructure and buildings. a. The conservation goals include: • preserving neighborhoods, historical resources and the natural environment • improving the relationship between low density residential neighborhoods and adjacent commercial corridors with appropriate transitions of density and height following the theory of the Transect • increasing access to the natural environment through the baywalk, the riverwalk, the north -south greenway, and new parks • conserving energy and reducing carbon dioxide emissions through improved street connectedness to encourage walkability, bicycling and transit use • increasing tree canopy • encouraging green building b. The development goals include: MIAMI 21 ARTICLE 2. GENERAL PROVISIONS PUBLIC HEARING -FIRST READING 2007-06 • maintaining the future growth capacity of the city core to ensure its preeminence as the transit -oriented, pedestrian -friendly focus for the region's economic, civic and cultural activities • rebuilding the city's commercial corridors to function as mixed-use, transit - oriented, walkable centers for adjacent residential neighborhoods • ensuring that private development contributes to increased infrastructure capacity, and through building embellishes a pedestrian -friendly public realm of highest ambient quality • establishing a rational process for successional growth in areas identified for density and growth 2.1.3 Transect Principles The Miami 21 Code is intended to encourage the evolution of a settlement pattern based on the organizational principles of the Transect. The Transect is defined as a geographical cross-section that reveals a sequence of environments. Applied to the human or the built environment, the Transect is used to identify and organize a continuum of the physical environment ranging from the least to the most urban. Transect planning creates coordinated, integrated and harmonious environments, based on the arrangement of all the components to support locational character. Within the range of urban contexts, each different type of location, called a Transect Zone, has development function, intensity and disposition appropriate to the location, and integrates the details of the corresponding public realm. To ensure this integration, the Miami 21 Code controls development on Lots as well as establishes guidelines for the detailing of public right-of-way. For example, narrow streets with open swales find their place in neighborhoods of suburban character, while wide streets with tree lined sidewalks accompany commercial development in more intense urban areas. The Transect encourages the making of places that build on historic character and that evolve over time. This evolution, with the principles enumerated below guiding growth or reduction in density and intensity, is called succession. Successional change emerges from a vision of the larger urban context and appropriate transitions across Transect Zones. The City of Miami's urban context is comprised of a series of Neighborhoods, Corridors, urban centers, and districts, each with its own arrangement of Transect Zones. In all cases the goal of transit -oriented, pedestrian -friendly, mixed-use urbanism shall guide the arrangement of Transect Zones, Thoroughfares, Buildings and landscape. The specific design of each component should be appropriate to its Transect Zone, as provided in this Code. Transect Zones are sequential in intensity: successional zoning changes shall only be permitted sequentially and respecting transitions across abutting Transect Zones as provided in Article 7. MIAMI 21 ARTICLE 2. GENERAL PROVISIONS PUBLIC HEARING -FIRST READING 2007-06 Transect Zones manifest a range of responses to natural and urban conditions. As described in Article 5, Transect Zones T1, T2 and T3, the least urban, emphasize the presence of the natural environments. Transect Zones T4, T5 and T6, D1, and D2 prioritize the built environment. Specific to Natural (T1), Rural (T2) and Sub -Urban (T3) Zones, impermeable surface shall be minimized and confined to the ratio of Lot coverage by Building specified in Article 5. To the extent not inconsistent with applicable state or federal law, storm water management on Thoroughfares may be accomplished through retention and percolation, channeled by curbside swales, or through underground storm drainage channeled by raised curbs. Specific to General Urban (T4), Urban Center (T5) and Urban Core (T6) Zones, to the extent not inconsistent with applicable state or federal law, the continuity of the urbanized areas should take precedence over the natural environment conditions. Storm water management on Thoroughfares and lots shall be implemented primarily through underground storm drainage channeled by raised curbs, and there shall be no retention or detention required on the individual Lots. Impermeable surface shall be confined to the ratio of Lot coverage by Building specified in Article 5 and Article 8. 2.1.3.1 The City - Guiding Principles a. The city should retain its natural infrastructure and visual character derived from its location and climate, including topography, landscape and coastline. b. Growth strategies should encourage infill and redevelopment. c. New development should be structured to reinforce a pattern of Neighborhoods and urban centers, focusing growth at transit nodes rather than along Corridors. d. Transportation Corridors should be planned and reserved in coordination with land use. e. Green Corridors should be encouraged to enhance and connect the urbanized areas. f. The city should include a framework of transit, pedestrian, and bicycle systems that provide alternatives to automobile use. g. A diversity of land use should be distributed throughout the city to enable a variety of economic activity, workplace, residence, recreation and civic activity. h. Affordable and workforce housing should be distributed throughout the city to match job opportunities and to avoid concentrations of poverty. MIAMI 21 ARTICLE 2. GENERAL PROVISIONS PUBLIC HEARING -FIRST READING 2007-06 2.1.3.2 The Community - Guiding Principles a. Neighborhoods and urban centers should be the preferred pattern of development and Transect Zones emphasizing single -use should be the exception. b. Neighborhoods and urban centers should be compact, pedestrian -oriented and mixed-use. Density and intensity of use should relate to degree of transit service. c. The ordinary activities of daily living should occur within walking distance of most dwellings, allowing independence to those who do not drive. d. Interconnected networks of Thoroughfares should be designed to disperse and reduced the length of automobile trips and to encourage walking and bicycling. A range of Open Space, including parks, squares and playgrounds, should be distributed within Neighborhoods and urban centers. e. Appropriate building densities and land uses should occur within walking distance of transit stops. f. Civic, institutional and commercial activity should be embedded in mixed-use urban centers, not isolated in remote single -use complexes. g. Schools should be located to enable children to walk or bicycle to them. h. Within Neighborhoods, a range of housing types and price levels should accommodate diverse ages and incomes. 2.1.3.3 The Block and the Building - Guiding Principles a. Buildings and landscaping should contribute to the physical definition of Thoroughfares as civic places. b. Development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public space. c. The design of streets and Buildings should reinforce safe environments, but not at the expense of accessibility. d. Architecture and landscape design should grow from local climate, topography, history, and building practice. e. Buildings should allow their inhabitants to experience the geography and climate through energy efficient design. f. Civic buildings and public gathering places should be located to reinforce community identity and support self-government. MIAMI 21 ARTICLE 2. GENERAL PROVISIONS PUBLIC HEARING -FIRST READING 2007-06 g. Civic Buildings should be distinctive and appropriate to a role more important than the other Buildings that constitute the fabric of the city. h. Preservation and renewal of historic resources should be facilitated to affirm the continuity of the community. Harmonious and orderly change and development of urban areas should be enabled through a form -based zoning Code that guides and regulates change. 2.2 APPLICABILITY 2.2.1 Generally 2.2.1.1 This Code replaces the Zoning Ordinance for the City of Miami, also known as Ordinance 11000, for that area of the City of Miami shown on the Miami 21 Atlas, except that Section 627, "SD -27 Midtown Special District" is hereby retained and incorporated as Appendix A hereto. 2.2.1.2 Miami 21 Atlas a. The Miami 21 Atlas is the official zoning atlas for the area regulated by this Miami 21 Code. The boundaries of all Transect Zones and the Transect designation are shown on the series of map sheets that compose the Miami 21 Atlas. The Miami 21 Atlas may be supplemented by additional layers or separate maps to the Atlas sheets, where the scale generally applicable to the Atlas sheets does not adequately show the details of boundaries or designations necessary to the particular area. b. The Miami 21 Atlas, together with all adopted explanatory and supplemental material shown therein, is hereby adopted by reference and shall be part of this Code. The Official Zoning Atlas as adopted by Ordinance 11000 for the same area is hereby repealed. c. The Miami 21 Atlas, and any amendments thereto, shall be maintained in the office of the City Clerk, and a certified copy of the Miami 21 Atlas shall be maintained at the Planning Department. Each Atlas sheet or supplemental element thereto shall be authenticated by the signature of the mayor of the City, attested by the signature of the City Clerk of the City, and shall bear the seal of the City. d. Any proposed amendment to the Miami 21 Atlas shall be identified by reference to the Atlas sheet or supplement involved, in addition to a legal description of the property or such other information as is required to make I MIAMI 21 ARTICLE 2. GENERAL PROVISIONS PUBLIC HEARING -FIRST READING 2007-06 specific the application of the amendment. Any unauthorized changes to the Miami 21 Atlas shall be considered a violation of this Code and punishable as provided by law. 2.2.1.3 This Code affects all lands, water, structures, uses, and occupancies within the area of the City of Miami shown on the Miami 21 Atlas, as may be amended from time to time. No building, structure, land or water shall be used or occupied, no land shall be subdivided and no building, structure, land or part thereof shall be developed except in conformity with the Transect regulations in which it is located and with all applicable regulations in this Miami 21 Code. 2.2.2 Conflicts Where the requirements of this Miami 21 Code vary with the applicable requirements of any statute, rule, regulation, ordinance, or Code, the most restrictive or that imposing the higher standard shall govern. Notwithstanding, the standards of this Miami 21 Code shall prevail where conflicts exist between the City of Miami Engineering Standards for Design and Construction and the standards of this Code, unless a statute is more restrictive. This Code does not abrogate or affect any easements, covenants, deed restrictions, property owner association rules, or agreements between private parties. Where the regulations set out in this Code are more restrictive than such easements, covenants, deed restrictions, homeowner association rules, or agreements between private parties, the restrictions of this Code shall govern. 2.2.3 Pending Actions and Development Approvals The adoption of this Miami 21 Code shall not affect nor prevent the prosecution of any action pending at the time of the adoption of this Code, which action is to enforce Ordinance 11000, or the conditions of any development order adopted under Ordinance 11000. The conditions of a development approval under Ordinance 11000 shall continue in full force and effect unless a new approval is obtained, at which time the development shall come into conformance with these regulations if required under Section 7.2 "Nonconformities" of this Code. 2.2.4 Rules of Construction 2.2.4.1 In their interpretation and application, the provisions of this Miami 21 Code shall be the minimum requirements or maximum limitations, as the case may be, adopted for the promotion of the public health, safety, morals or general welfare. 2.2.4.2 The following general rules of construction shall apply to the text of this Code: 7 MIAMI 21 ARTICLE 2. GENERAL PROVISIONS PUBLIC HEARING -FIRST READING 2007-06 a. Headings. Section and subsection headings shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of the Miami 21 Code. b. Illustrations. In case of any difference of meaning or implication between the text of any provision and any illustration, the text shall control, unless the intent of the Code is clearly otherwise. c. Shall, may and should. "Shall" is always mandatory and not permissive. "May" is permissive. "Should" is advisory and identifies guidance provided by the City Commission in the implementation of these regulations. d. Tenses and numbers. Words used in the present tense include the future, words used in the singular include the plural, and the plural includes the singular, unless the context clearly indicates the contrary. e. Conjunctions. Unless the context clearly indicates otherwise, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected items or provisions shall apply. 2. "Or" indicates that the connected items or provisions may apply singly or in any combination. 3. "Either/or" indicates that the connected items or provisions shall apply singly but not in combination. f. Gender. Use of the masculine gender includes the feminine gender and use of the feminine gender includes the masculine. g. Any act authorized by this Code to be carried out by a specific official or agency of the city is impliedly authorized to be carried out by a designee of that official or agency. h. Any reference to federal laws, Florida Statutes, Florida Administrative Code, Miami -Dade County Code, or any other official Code shall be construed to be a reference to the most recent enactment of the particular law, and shall include any amendments to it as may be adopted from time to time. Capitalized terms in Articles 2 - 8 refer to Article 1 Definitions. 2.2.4.3 Calculations a. Rounding. Where cumulative requirements or limitations are to be computed for purposes of this Code, fractions shall be carried forward in the summation, and the total rounded to the nearest whole number, subject to existing minimum lot sizes and maximum densities or intensities of development required by the regulations of this Miami 21 Code. 0 MIAMI 21 ARTICLE 2. GENERAL PROVISIONS PUBLIC HEARING -FIRST READING 2007-06 b. Time. The time within which an act is to be done shall be computed by excluding the first and including the last day, except that if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. 2.2.5 Transect Zone Boundaries 2.2.5.1 Except as otherwise specifically provided, a Transect symbol or name shown within Transect boundaries in the Miami 21 Atlas indicates that regulations pertaining to the Transect Zone extend throughout the whole area surrounded by the boundary line. 2.2.5.2 Except as provided at 2.2.5.3 below, where a Transect Zone designation is not indicated for an area in the Miami 21 Atlas, the area shall be construed to be zoned as for the most restrictive abutting zone, until corrective action shall be taken by the City Commission. 2.2.5.3 Where uncertainty exists as to the location of the boundary of a Transect Zone, or other areas delineated for regulatory purposes in the Miami 21 Atlas, the following rules shall apply: a. Boundaries indicated as approximately following the centerlines of streets, alleys, rights-of-way, or easements shall be construed as following such centerlines as they exist on the ground. b. Boundaries indicated as approximately following boundaries of streets, alleys, other public or private property lines, rights-of-way, or easements shall be construed as following such boundaries. Provided, however, that where such boundaries are so located with relation to other opposing boundaries as to leave such areas without apparent zoning designation, such boundaries shall be construed as running to the centerlines of the areas remaining. c. Boundaries indicated as approximately following mean high water lines or centerlines of streams, canals, lakes, bays, or other bodies of water shall be construed as following such mean high water lines or centerlines. In the case of a change in mean high water line, the boundary shall be construed as moving with the change. d. Where variation of the actual location from the mapped location would change the zoning status of a Lot or parcel, the boundary shall be interpreted so as to avoid the change. e. In the event of vacation, the boundary shall be construed as remaining in its location, except where ownership of the vacated property is divided other than at the center, in which case the boundary shall be construed as moving with the ownership. 0 MIAMI 21 ARTICLE 2. GENERAL PROVISIONS PUBLIC HEARING -FIRST READING 2007-06 2.2.5.4 Boundaries indicated as approximately following city limits shall be construed as following such city limits. Where property previously within the city is removed from its limits, the zoning boundaries involved shall be construed as moving to conform to the change in city limits. Where property previously located outside the city is annexed, zoning boundaries shall not be construed as moving with city limits. In such cases, the city may receive and process permit applications for the property, but no permit shall be issued until the City Commission shall have rezoned the property to establish its zoning status and the permit is found to be in accord with the zoning. 2.2.5.5 Boundaries indicated as entering any body of water, but not continuing to intersection with other Transect boundaries or with the city limits, shall be construed as extending in the direction in which they enter the body of water to intersection with other zoning boundaries or with the city limits. 2.2.5.6 Boundaries indicated as approximately parallel to or extensions of mean high water lines or centerlines of bodies of water shall be construed as being parallel to or extensions of such features. 2.2.5.7 Where distances are not specifically indicated on any map in the Miami 21 Atlas, they shall be determined by reference to the scale of the map. 2.2.5.8 Where boundaries occur within a parcel of land comprising more than one lot, the lots shall be developed separately according to the assigned Transect Zone. 10 THIS PAGE LEFT INTENTIONALLY BLANK. MIAMI 21 ARTICLE 3. GENERAL TO ZONES PUBLIC HEARING -FIRST READING 2007-06 ARTICLE 3. GENERAL TO ZONES 3.1 TRANSECT ZONES 3.1.1 The Miami 21 Code Transect Zones are described in Table 1 and include the standards summarized in Table 2 and further described in Article 5. They range in function and density from low density, primarily residential areas to high density mixed-use areas, across the Transect, with zones identified as T1, T2, T3, T4, T5, T6, D1, D2, Cl and CS. 3.2 PHASING All development shall conform to this Code regardless of phasing. Each phase of a development project shall conform to this Code in its entirety. 3.3 LOTS AND FRONTAGES 3.3.1 Lots assembled into one ownership within one Transect Zone may be developed as a single lot. Lots assembled into one ownership that encompass more than one Transect Zone shall be developed according to the corresponding Transect regulation for each lot. In such cases, there shall be no transfer of density or intensity of development capacity between zones. 3.3.2 Lot area shall be the area within the lot property lines, excluding any portions of street rights-of-way or other required dedications. 3.3.3 In Transect Zones T5, T6, D1, D2, Cl and CS, buildable sites shall enfront a vehicular thoroughfare or a pedestrian passage, with at least one Principal Frontage. 3.3.4 Lots may be required to have two or more Principal Frontages or a combination of Principal or Secondary Frontages. 3.3.5 For the purposes of this Code, lots are divided into Layers which control development on the Lot. 3.3.6 Where the property to be developed abuts an existing building, the Planning Director may grant a Waiver so that the proposed Building matches or provides a transition to adjacent Setbacks. For new buildings in T6-48 zones, the Design District and facing Brickell Avenue, where a dominant Setback pattern exists, the new building shall match the average Setback line of the adjacent existing buildings or match that of one of the existing abutting buildings. The Design District for purposes of this paragraph is the area bounded on the east by the F.E.C. right of way, bounded on the south by N.E. 36th Street, bounded on the west by North Miami Avenue, and bounded on the north by N.E. 41s' Street. MIAMI 21 ARTICLE 3. GENERAL TO ZONES PUBLIC HEARING -FIRST READING 2007-06 3.4 DENSITY CALCULATIONS 3.4.1 Lot Area is used for purposes of Density calculation. 3.4.2 Density shall be calculated in terms of units as specified by Tables 3 and 4. The referenced tables provide the maximum allowable densities. The buildable density or intensity on any particular site will be affected by other regulations in this Code and thus the stated maximums of this Miami 21 Code may exceed the actual capacity that a site can sustain when other regulations of this Code are applied to the site. The inability to reach the maximum density or intensity because of the necessity to conform to the other regulations of this Code shall not constitute hardship for purposes of a Variance. 3.4.3 Lodging units shall be considered as equivalent to one-half (0.50) of a dwelling unit. 3.4.4 The allowable Transect Zone density may be increased as provided by the Future Land Use Element of the City Comprehensive Plan (Residential Density Increase Areas), as illustrated in Diagram 9. 3.5. MEASUREMENT OF HEIGHT 3.5.1 Unless otherwise specified herein, the height of buildings shall be measured in Stories. The height of the first Story shall be measured from the average sidewalk elevation or, where no sidewalk exists, the average of the record profile grade elevation of the street abutting the Principal Frontage of the Building, as determined by the public works department. In the event that the base flood elevation, as established by FEMA, is higher than the sidewalk or grade elevations, the height of the first Story shall be measured from the base flood elevation. 3.5.2 A Story is a habitable level within a building of a maximum fourteen (14) feet in height from finished floor to finished floor. Basements are not considered Stories for the purposes of determining building height. A ground level retail Story may exceed this limit up to twenty-five (25) feet. A retail single floor level exceeding fourteen (14) feet, or twenty-five (25) feet at ground level, shall be counted as two (2) Stories. Mezzanines may be allowed in the Third Layer and may not exceed thirty three percent (33%) of the floor area. Mezzanines extending beyond thirty three percent (33%) of the floor area shall be counted as an additional floor. In a Garage or parking structure, each level counts as a single Story regardless of its relationship to habitable stories. 3.5.3 Except as specifically provided herein, the Height limitations of this Code shall not apply to any roof structures for housing elevators, stairways, tanks, ventilating fans, solar energy collectors, or similar equipment required to operate and maintain the building (provided that such structures shall not cover more than twenty percent of roof area for T4, T5, T6-8 and T6-12 and forty percent (40%) for all other Transect Zones, or exceed the maximum Height by ten (10) feet); nor to church spires, steeples, belfries, monuments, water towers, flagpoles, vents, or similar structures, which may be allowed to exceed the maximum Height by Waiver; nor to fire or 111.2 MIAMI 21 ARTICLE 3. GENERAL TO ZONES PUBLIC HEARING -FIRST READING 2007-06 parapet walls, which shall not extend more than five (5) feet above the maximum Height in T4 and T5 and ten (10) feet in T6 and Districts. 3.5.4 No Building or other structure shall be located in a manner or built to a Height which constitutes a hazard to aviation or creates hazards to persons or property by reason of unusual exposure to aviation hazards. In addition to Height limitations established by this Code, limitations established by the Miami -Dade County Height Zoning Ordinance as stated in Article 37 of the Code of Miami -Dade County (Miami International Airport) shall apply to Heights of buildings and structures. A letter authorizing clearance from the Miami -Dade Aviation Department or the Federal Aviation Administration (FAA) may be required by the Zoning Administrator prior to the issuance of any building permit. Construction of an educational facility within the delineated Miami International Airport clear area shall only be granted by Exception. Construction of such facility is subject to the approval by the School Board of Miami -Dade County or any other appropriate authorities. 3.6. SUSTAINABILITY REQUIREMENTS 3.6.1 General a. Landscape requirements are as required in the Miami -Dade County Landscape Ordinance and the City of Miami Tree Protection Ordinance, except that where this Code is more restrictive than the Ordinances, this Code shall apply. b. All buildings over 50,000 square feet in the T5, T6, Cl and CS districts shall be certified at a minimum for the USGBC LEED silver certification. At the time of permit application, the owner shall post a performance bond in a form acceptable to the City of Miami. The amount of the required performance bond shall be calculated as follows: 2% of the total cost of construction for a 50,000 — 100,000 square foot building. 3% of the total cost of construction for a 100,001 — 200,000 square foot building. 4% of the total cost of construction for any building greater than 200,001 square foot building. The performance bond shall be forfeited to the City in the event that the building does not meet the verification requirements for LEED Silver certification. The City will draw down on the bond funds if LEED Silver certification has not been achieved and accepted by the City within one year of the City issuance of the Certificate of Occupancy for the building. Funds that become available to the City from the forfeiture of the performance bond shall be placed in the Miami 21 Public Benefits Trust Fund established by this Code. 111.3 MIAMI 21 ARTICLE 3. GENERAL TO ZONES PUBLIC HEARING -FIRST READING 2007-06 c. The preservation of natural features of land such as trees, vegetation, geological, and other characteristics and the preservation of features of archaeological significance are declared to be in the public interest. Said preservation justifies the relaxation of setbacks or required offstreet parking by Waiver. The Planning Director shall determine that the trees, vegetation, 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. 3.7 THOROUGHFARES 3.7.1 General Principles a. The Thoroughfares are intended for use by vehicular, transit, bicycle, and pedestrian traffic and to provide access to Lots and Open Spaces. b. The Thoroughfares consist of vehicular lanes and Public Frontages. The lanes provide the traffic and parking capacity. Thoroughfares consist of vehicular lanes in a variety of widths for parked and for moving vehicles. The Public Frontages contribute to the character of the Transect Zone. They may include swales, sidewalks, curbing, planters, bicycle paths and street trees. c. Thoroughfares should be designed in context with the urban form and desired design speed of the Transect Zones through which they pass. The Public Frontages that pass from one Transect Zone to another should be adjusted accordingly. d. Bicycle use of thoroughfares should be as follows: Bicycles and vehicles may share use of lanes on Thoroughfares with design speed of thirty (30) mph or less and should not share use of lanes on Thoroughfares with design speeds of more than thirty (30) mph. Thoroughfares may include dedicated Bicycle Lanes. Greenways, waterfront walks and other Civic Spaces should include Bicycle Lanes. e. Bicycle Lanes may be made part of Thoroughfares that have sufficient paving width to accommodate bicyclists' safety. A City-wide bicycle plan may designate an interconnected network serving bicyclists with a series of routes that include Bicycle Lanes as well as Bicycle Routes that give bicycles priority, such as those Thoroughfares which parallel major corridors and which can be reconfigured to limit conflicts between automobiles and bicycles. f. Pedestrian comfort should be a primary consideration of Thoroughfare design and dimensions. Design conflict between vehicular, bicycle and pedestrian movement should be decided in favor of the pedestrian. 3.7.2 Thoroughfares ME, MIAMI 21 ARTICLE 3. GENERAL TO ZONES PUBLIC HEARING -FIRST READING 2007-06 a. The guidelines for vehicular lanes are as described in Article 8. b. The Thoroughfare network should be designed to prioritize connectivity, defining blocks not exceeding a perimeter length of 1320 feet. The size shall be measured as the sum of Lot Frontage Lines. Street closings should not be allowed; instead, traffic calming designs should be deployed to control traffic volume and speed. c. All Thoroughfares should terminate at other Thoroughfares, to form a network. Cul-de-sacs should be permitted only when supported by natural site conditions. Thoroughfares that provide View Corridors shall maintain the view unobstructed above street grade. d. In T5 and T6 Zones, Public and Private Frontages should be coordinated with a single paving and landscape design as provided in Article 4, Table 6 and Article 8, Table C. 3.7.3 Public Frontages a. Public Frontages should be designed as shown in Article 4, Table 6 and allocated within Transect Zones as specified in Article 6, Table 2. b. Within the Public Frontages, the Type of street trees and street lights should be as provided in Article 8. c. The Public Frontage in Transect Zones T1, T2 and T3 shall include trees of various species, and may include low maintenance understory landscape. The introduced landscape shall consist primarily of native species requiring minimal irrigation, fertilization and maintenance (Article 8, Table C). d. The Public Frontage in Transect Zones T4, T5 and T6 shall include trees planted in a regularly -spaced Allee pattern of single or alternated species with shade canopies of a height that, at maturity, clears the first Story. The introduced landscape shall consist primarily of durable species tolerant of soil compaction (Article 8, Table C). 3.7.4 VISION CLEARANCE 3.7.4.1 Intent; "Material Impediment to Visibility" construed. It is the intent of these regulations to provide protection from traffic hazards at intersections for automotive vehicles and their passengers, and for cyclists and pedestrians, including small children. In light of this intent, the phrase "Material Impediment to Visibility," as used here, is to be construed as any material obstruction to visibility which would result in concealment of a child over two and one-half (2 1/2) feet in height approaching an intersection, or would conceal an approaching automotive vehicle or cyclist from such a child. In determinations as to whether or not 111.5 MIAMI 21 ARTICLE 3. GENERAL TO ZONES PUBLIC HEARING -FIRST READING 2007-06 there is Material Impediment to Visibility, the speed, direction, and duration of movement to point of potential collision or contact shall be considered. Adjacent to streets, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to form a Material Impediment to Visibility between the heights of two and one-half (2 1/2) feet and ten (10) feet above the street grade level within visibility triangles described below: a. At street intersections with building Setbacks: Visibility triangles shall be maintained to include an area bounded by the first twenty-five (25) feet along the intersecting edges of the right-of-way (or base building line) projected where rounded, and a line running across the Lot and connecting the ends of such twenty -five-foot lines. b. At intersections of driveways with streets with building Setbacks: Visibility triangles shall be maintained to include an area bounded by the first ten (10) feet along the intersecting edges of the base building line and the driveway, projected where rounded, and a line running across any intervening right-of-way and the Lot and connecting the ends of such ten -foot lines. c. At street intersections with buildings with no Setbacks: Visibility triangles shall be maintained to include an area bounded by the first ten (10) feet along the intersecting edges of the base building line, projected where rounded, and a line running across the Lot and connecting the ends of such ten - foot lines. 3.7.4.2. Variances prohibited. No variances from the provisions of Section 3.7.4 are permitted. 3.8 SPECIAL AREA PLANS The purpose of a Special Area Plan is to allow parcels greater than nine (9) abutting acres in size to be master planned so as to allow greater integration of public improvements and infrastructure, and greater flexibility so as to result in higher quality Building and streetscape design within the Special Area Plan. The purpose of a Special Area Plan further is to encourage the assembly and master planning of parcels greater than nine (9) abutting acres in size, in order to provide greater integration of public and private improvements and infrastructure, to encourage a variety of building heights, massing and streetscape design, and to provide high quality design elements, all in order to further the intent expressed in Article 2, Section 2.1.2 of this Code. 3.8.1 General MIAMI 21 ARTICLE 3. GENERAL TO ZONES PUBLIC HEARING -FIRST READING 2007-06 a. The owner of abutting property in excess of nine (9) acres may apply for a rezoning to a Special Area Plan. b. A Special Area Plan shall be approved by the process of rezoning with or without Transect changes. c. A Special Area Plan shall assign Thoroughfares, Transect Zones and Civic Functions, with appropriate transitions to abutting areas. Guidelines for Thoroughfares and Public Frontages may be adjusted to the particular circumstances of the Special Area Plan. d. A Special Area Plan shall include a map of the Thoroughfares and Transect Zones, and the standards that deviate from the requirements of Article 5. e. A Special Area Plan shall assign at least 5% of its Lot Area to Civic Space. Civic Building sites are to be located within or adjacent to Civic Spaces or at the axial termination of significant Thoroughfares. The developer shall be responsible for constructing the public improvements within the Special Area Plan, including but not limited to the Civic Spaces and Thoroughfares. f. Development within the Special Area Plan shall be pursuant to a recorded development agreement that will establish the allocation of Thoroughfares and Civic Spaces and building area among the building sites, and the creation and retention of the public benefits. g. A Special Area Plan may include: 1. A differentiation of the Thoroughfares as a Primary -Grid (A -Grid) and a Secondary -Grid (B -Grid). Buildings along the A -Grid shall be held to the highest standard of this Code in support of pedestrian activity. Buildings along the B -Grid may be more readily considered for Waivers allowing automobile - oriented standards. The Frontages assigned to the B -Grid shall not exceed 30% of the total length within a Special Area Plan. For Frontages on the B - Grid, parking areas may be allowed in the First and Second Layers. 2. Retail Frontage requiring that a Building provide a Commercial use at sidewalk level along the entire length of the Frontage. The Commercial use Building shall be no less than 70% glazed in clear glass and provided with an awning overlapping the sidewalk as generally illustrated in Article 4, Table 6. The first floor shall be confined to Retail use through the depth of the Second Layer. 3. Gallery or Arcade Frontage, requiring that a Building provide a permanent cover over the sidewalk, either cantilevered or supported by columns. The Gallery or Arcade Frontage may be combined with a Retail Frontage as shown in Article 4, Table 6. Gallery or Arcade Frontage within the First Layer may apply towards Open Space requirements. 4. Build -to -lines that differ from Transect Zone Setback requirement. 111.7 MIAMI 21 ARTICLE 3. GENERAL TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5. A Terminated Vista location, requiring that the building be provided with architectural articulation of a type and character that responds to the location. 6. A Cross Block Passage, requiring a minimum ten (10) foot -wide pedestrian access be reserved between buildings. 7. A preservation plan acceptable to the Historic and Environmental Preservation Board for any historic resources in the area of the Special Area Plan. 8. Area Design Guidelines. 9. A parking management program that enables shared parking among public and private uses. 10. Flexible allocation of development capacity on individual sites within the Special Area Plan shall be allowed so long as the capacity distribution does not result in development that is out of scale or character with the surrounding area, and provides for appropriate transitions. 3.9 HISTORIC PRESERVATION STANDARDS Refer to Chapter 23, City Code. 3.10 AREA DESIGN GUIDELINES This section is for additional regulations defining elements to protect and promote neighborhood character. See Appendix B for Waterfront Design Guidelines 3.11 PUBLIC BENEFITS PROGRAM 3.11.1 The intent of the public benefits program established in this section is to allow bonus building capacity in T6 Zones in exchange for the developer's contribution to specified programs that provide benefits to the public. The bonus shall not be available to properties in a T6 Zone if the property abuts a T3 Zone. The bonus capacity shall be permitted by Warrant if the proposed development contributes toward the specified public benefits, above that which is required by this Code, in the amount and in the manner as set forth herein. • T6-8: eight -story maximum; bonus to twelve (12) Stories, FLR 5; bonus to 125%- T6-12: twelve -story maximum; bonus to twenty (20) Stories, FLR 8, bonus to 130% W., MIAMI 21 ARTICLE 3. GENERAL TO ZONES PUBLIC HEARING -FIRST READING 2007-06 • T6-24: twenty-four story maximum; bonus to forty-eight (48) Stories, FLR 6, bonus to 130% • T6 -36a: thirty -six -story maximum; bonus to sixty (60) Stories, FLR 12, bonus to 140% • T6.36b: thirty-six story maximum; bonus up to sixty (60) Stories, FLR of 22, bonus to 140% • T6-48: forty -eight -story maximum; bonus to unlimited Stories, FLR 30; bonus unlimited Transect Zone Heights are fully described in Article 5. In addition, certain other bonuses may be provided as follows: • An additional Story in a T5 zone that abuts a D1 zone, for affordable/workforce housing as described below • In T6 zones, additional capacity for LEED certified Silver, Gold or Platinum Buildings as described below • An additional Story in any zone for development of a brownfield as described below • In T6 zones additional capacity for development that donates a Civic Space or Civil Support space to the City of Miami as described below 3.11.2 Upon providing a binding commitment for the specified public benefits as provided in Section 3.11.3 below, the proposed development project shall be allowed to build within the restrictions of the specific Transect Zone, up to the bonus capacity as established in this Section. The only square footage allowed above the maximum Height is that achieved through the bonus Height program. 3.11.3 The proposed bonus capacity shall be permitted in exchange for contribution to the City for the following public benefits: affordable/workforce housing, public parks and open space, green buildings, brownfields, and Civic Space or Civil Support space. The City shall establish a Miami 21 Public Benefits Trust Fund for the cash contributions for Affordable/ Workforce Housing, Public Parks and Open Space, and Green Building certification shortfall penalty made under this section. The City Commission, upon the manager's recommendation, shall annually decide the allocation of funds from the Trust Fund collected under this section. All cash contributions thus allocated by the Commission to support affordable / workforce housing shall be deposited in the Affordable Housing Trust Fund for expenditures pursuant to the guidelines adopted by the City Commission. All cash contributions thus allocated by the Commission to support Parks and Open Space shall be deposited in the Parks and Open Space Trust Fund, set forth in Chapter 62 of the City Code to be expended in accordance with the guidelines outlined therein. a. Definitions • Affordable/workforce housing shall mean: housing available to families which meet the qualifications as established by the city Community Development Department. TWO MIAMI 21 ARTICLE 3. GENERAL TO ZONES PUBLIC HEARING -FIRST READING 2007-06 Public Parks and Open Space shall mean: open space meeting the standards of Table 7 of this Code. Green Building shall mean a building certified by the United States Green Building Council (USGBC) as Silver, Gold or Platinum rated. Brownfield shall mean: a site within the city that is subject to a Brownfield Site Rehabilitation Agreement (BSRA) executed between the property owner and the City Department of Economic Development. 3.11.4 For the purposes of the public benefits program, the following criteria shall apply: a. Affordable/workforce housing. The development project in a T6 zone may provide any of the following or combination thereof: 1. Affordable/workforce housing on site of the development. For each square foot of affordable/workforce housing (including pertaining shared space such as parking and circulation) provided on site, the development shall be allowed two square feet of additional area up to the bonus height as described in Section 3.11.1. 2. Affordable/workforce housing off-site. For each square foot of affordable/workforce housing (including pertaining shared space such as parking and circulation) provided off site, in a location approved by the city manager, the development shall be allowed an equivalent square footage of additional area up to the bonus capacity as described in Section 3.11.1. No additional allowance is given for the purchase of the site. 3. Trust Fund contributions. For a cash contribution to the Miami 21 Public Benefit Trust Fund, the development shall be allowed additional area up to the bonus capacity described in Section 3.11.1. The cash contribution shall be determined based on the value of land per square foot of building in the area of the City in which the proposed project is located, which may be adjusted from time to time based on market conditions. The methodology for determining the value of land per square foot of building shall be maintained in the Planning Department. T5 zone abutting a D1 zone. Additionally, for a development project in a T5 zone that abuts a D1 zone, one additional story shall be allowed for use as affordable/workforce housing provided on site. b. Public Parks and Open Space. The development project in a T6 zone may provide any of the following or combination thereof: Public park or Open Space provided through purchase and in an area of need identified by the City Parks and Open Space Master Plan and the City's Parks Department. For each square foot of dedicated public park or Open Space provided, the development shall be allowed two times the development capacity of provided land up to the bonus capacity as described in Section 3.11.1. The Open Space may be a Park, Green or Square, as more fully described in Table 7 of this Code. 111.10 MIAMI 21 ARTICLE 3. GENERAL TO ZONES PUBLIC HEARING -FIRST READING 2007-06 2. Public Open Space provided on-site in a location and of a design to be approved by the Planning Director. For each square foot of dedicated public park or Open Space provided, the development shall be allowed an equivalent amount of development capacity up to the bonus capacity as described in Section 3.11.1. The project shall maintain the Frontage requirements of the Transect Zone. The Open Space may be a Courtyard, Plaza, or Thoroughfare or Pedestrian Passage through the site connecting two (2) streets, such as a segment of the Baywalk or FEC Greenway. See Table 7. 3. Trust Fund contribution. For a cash contribution to the Miami 21 Public Benefits Trust Fund, the development project shall be allowed additional square footage up to the bonus capacity as described in Section 3.11.1. The cash contribution shall be determined based on the value of land per square foot of building in the area of the City in which the proposed project is located, which may be adjusted from time to time based on market conditions. The methodology for calculating the value shall be maintained in the Planning Department. c. Historic Preservation. Bonus capacity to the maximum bonus capacity as described in Section 3.11.1 shall be allowed for additional square footage qualified under the city Transfer of Development Rights program established in Chapter 23, City Code. d. Green Building. In a T6 zone, additional square feet shall be allowed for buildings certified by the U.S. Green Building Council as follows: Silver: For buildings under 50,000 sf, 2.0% of the floor lot ratio (FLR) Gold: 4.0% of the floor lot ratio (FLR) Platinum: 13.0% of the floor lot ratio (FLR) . If at the time the first Certificate of Occupancy is issued for the Building that received a public benefits bonus for a Green building, the anticipated LEED certification has not been achieved, then the owner shall post a performance bond in a form acceptable to the City of Miami. The performance bond shall be determined based on the value of land per square foot of building in the area of the City in which the proposed project is located, which may be adjusted from time to time based on market conditions. The methodology for determining the value of land per square foot of building shall be maintained in the Planning Department. The City will draw down on the bond funds if LEED certification has not been achieved and accepted by the City within one year of the City issuance of the Certificate of Occupancy for the Building. Funds that become available to the City from the forfeiture of the performance bond shall be placed in the Miami 21 Public Benefits Trust Fund established by this Code. e. Brownfields. One additional story of height shall be permitted for redevelopment on a brownfield site as defined herein. MIAMI 21 ARTICLE 3. GENERAL TO ZONES PUBLIC HEARING -FIRST READING 2007-06 f. Civic Space and Civil Support space. For a development project in a T6 zone that donates a Civic Space or Civil Support space on site to the City of Miami, an additional two square feet of area for each square foot of donated space, up to the bonus capacity, shall be allowed. 3.11.5. No Building permit shall be issued for bonus capacity until the Planning Director has certified compliance with the provisions of this section. Certification shall be made when a certified check has been deposited to the Miami 21 Public Benefits Trust Fund or, for non cash contributions, a binding commitment has been approved by the City Manager. The cash contribution shall be nonrefundable. 111.12 MIAMI 21 PUBLIC HEARING -FIRST READING 2007-06 ARTICLE 4. STANDARDS & TABLES TABLE OF CONTENTS TABLE 1 Transect Zone Descriptions TABLE 2 Miami 21 Summary TABLE 3 Building Function: Uses TABLE 4 Building Function: Intensity and Parking TABLE 5 Parking and Loading TABLE 6 Frontages TABLE 7 Civic Space TABLE 8 Definitions Illustrated DIAGRAM 9 Residential Density Increase Areas DIAGRAM 10 Successional Zoning Illustrated DIAGRAM 11 Transit Oriented Development JOD MIAMI 21 PUBLIC HEARING -FIRST READING 2007-06 THE NAT URALZONE consists oflandsapproximating a wilderness condition, permanently set aside for conservation in an essentially natural state. 7THERURAL ZONE consists of lands in open or ate or sparsely settled. These include rassland and agricultural land. THE SUB -URBAN ZONE consists of low density areas, primarily comprised of single family and two family residential units with relatively deep setbacks, streetscapes with swales, and with or without sidewalks. Blocks may be large and the roads maybe of irregulargeometry to accommodate natural and historic conditions. THE GENERAL URBAN ZONE consists of a mixed- use but primarily residential urban fabric with a range of building types including rowhouses, small apartment buildings, and bungalow courts. Setbacks are short with an urban streetscape of wide sidewalks and trees in planters. Streets typically define medium-sized blocks. 7network N CENTER ZONE consists of higher d -use building types that accommodate fice uses, rowhouses and apartments. of small blocks has streets with wide ,teady street tree planting and buildings set close to the frontages with frequent doors and windows. THE URBAN CORE ZONE consists of the highest density and greatestvariety of uses, including civic buildings of regional importance. Anetwork ofsmall blocks has streets with wide sidewalks, with steady tree planting and buildings set close to the frontage with frequent doors and windows. THE CIVIC ZONE consists of public use space and facilities that may contrast in use to their surroundings while reflecting adjacent setbacks and landscape. THE DISTRICT ZONE consists of the least regulated building and accommodates commercial and industrial uses of a scale and with a streetscape that facilitate vehicular access. ARTICLE 4. TABLE 1 TRANSECT ZONE DESCRIPTIONS O` dy, n cD �� U 11 oK (UEMMMI 0 ,77 > °°o ' - I(D� ,° o o 02 (.° ro. .Will °° 11, O` dy, 0 Q `; U 11 oK (UEMMMI 0 ,77 > °°o ' IM I(D� ,° o o 02 o r °° arc O` dy, 0 Q `; U 11 oK (UEMMMI 0 ,77 �o.�Cr �J 0 ° °°o ' IM t ,° o o 02 o r °° ♦clip O` dy, 0 Q `; U 11 oK (UEMMMI 0 ,77 �o.�Cr �J 0 ° °°o ' IM t o O` n c 0 Q `; U 11 oK (UEMMMI 0 �o.�Cr �J 0 ° °°o ' IM t o r °° ♦clip O` )J�U 9 ); 11 oK (UEMMMI 0 �o.�Cr �J 0 ° °°o ' IM t o v r °° ♦clip U 0 9 ); oK (UEMMMI 0 �o.�Cr �J 0 ° °°o ' IM t o v r 111 (UEMMMI 0 �o.�Cr �J 0 ° °°o no o v r G W R U R A L I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I U R B A N a. LotArea not applicable - M-- M-1 M I M I "Polp 5,0fn sf. min 40, Wo s f max 5,000 sf. min. 40,000 s f max 5,000 sf min. 100,0W sf ma< 11MM_{ 5,0fn sf. min. 5,000 s.f. min. 5,000 s.f. min. Ei3 "& not applicable not applicable 50 ft. min. 11 15 R. min / 50 R min. 50 R. min. 11� 50 ft. min. RI T1 T2 T3 T4 TS T6-8_T6-12_T6-24_T636_T6-48_D1 D2 CI CS a. LotArea not applicable not applicable 5,000 s.f. min. 1,400 s.f. - 20,000 s.f. 1,200 s.f. - 40,000 s.f. 5,0fn sf. min 40, Wo s f max 5,000 sf. min. 40,000 s f max 5,000 sf min. 100,0W sf ma< 5,fn0 sf. min. 5,0fn sf. min. 5,000 s.f. min. 5,000 s.f. min. as per abutting zone as per abutting zone It. Lot Width not applicable not applicable 50 ft. min. 16 R. min/ 50 ft. min. 15 R. min / 50 R min. 50 R. min. 50 ft. min. 50 ft. min. 100 ft. min. 100 ft min. 50 ft min. 50 ft. min. as per abutting zone as per abufting zone c. Lot Coverage not applicable not applicable 50%max 60%max 80%max 80%max 80%max 80%max 80%max 80%max 80%max 90%max as per abutting zone as per abutting zone J. Floor Lot Ratio (FLR) not applicable not applicable not applicable not applicable not applicable 5 8 6 a.12 or b.22 30 not applicable not applicable as per abutting zone as per abutting zone e. Frontage at front setback not applicable not applicable not applicable 50%min. 60%min. 70%min. 70 % min. 70 % min. 70%min. 70 % min. 0%min. None as per abutting zone as per abutting zone f. Open Space Requirements not applicable not applicable 25%lot area min. 15% lot area min. 10-/. lot area min. 10-/. lot area min. 10%lot area min. 10%lot area min. 109/61ot area min. 10% lot area min. 59/. lot area min. 59/61ot area min. as per abutting zone as per abutting zone g. Density not applicable not applicable 18 du/acre max. 36 dWacre max. 65 du/acre max. 150 du/acre' 150 du /acre' 150 du /acre' 150 du /acre' 150 du /acre' 9 dWacre max. None I as per abutting zone I as per abutting zone BUILDING SETBACK a. Principal Front not applicable not applicable 20 ft. min. 10 ft.min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft min. 10 ft. min. As per abutting zone As per abutting zone It. Secondary Front not applicable not applicable 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft min. 5 ft. min. as per abutting zone as per abutting zone c. Side not applicable not applicable 5 ft. min. 0 ft. min. / 5 ft. min. Oft. min. Oft. min. Oft. min. 0 ft. min. 0 ft. min. Oft. min. 0 ft. min. 0 ft. min. as per abutting zone as per abutting zone J. Rear not applicable not applicable 20 ft. min. 20 ft. min. Oft. min. Oft. min. Oft. min. 0 ft. min. 0 ft. min. Oft. min. 0 ft. min. 0 ft. min. as per abutting zone as per abutting zone OUTBUILDING SETBACK a. Principal Front not applicable not applicable 20 ft. min. (T3 L, 0) 30 ft. min. not applicable not applicable not applicable not applicable not applicable not applicable not applicable not applicable as per abutting zone as per abutting zone It. Secondary Front not applicable not applicable 10 ft. min. 10 ft. min. not applicable not applicable not applicable not applicable not applicable not applicable not applicable not applicable Ias per abutting zone as per abutting zone c. Side not applicable not applicable 5 ft. min. 0 ft. min. / 5 ft. min. not applicable not applicable not applicable not applicable not applicable not applicable not applicable not applicable as per abutting zone as per abutting zone J. Rear not applicable not applicable 5 ft. min. 5 ft. min. not applicable not applicable not applicable not applicable not applicable not applicable not applicable not applicable I as per abutting zone as per abutting zone PRIMATE FRONTAGES a. Common Lawn not applicable not applicable permitted permitted prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited as per abutting zone as per abutting zone It. Porch & Fence not applicable not applicable permitted permitted prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited as per abutting zone as per abutting zone c. Terrace or L.C. not applicable not applicable prohibited permitted prohibited prohibited prohibited prohibited prohibited prohibited permitted permitted as per abutting zone as per abutting zone J. Forecourt not applicable not applicable prohibited permitted permitted permitted permitted permitted permitted permitted permitted permitted as per abutting zone as per abutting zone e. Stoop not applicable not applicable prohibited permitted permitted permitted permitted permitted permitted permitted permitted permitted as per abutting zone as per abutting zone f. Shopfront & Awning not applicable not applicable prohibited permitted (T4 L, 0) permitted permitted permitted permitted permitted permitted permitted permitted as per abutting zone as per abutting zone g. Gallery not applicable not applicable prohibited prohibited permitted permitted permitted permitted permitted permitted permitted permitted as per abutting zone as per abutting zone h. Arcade not applicable not applicable prohibited prohibited permitted permitted permitted permitted permitted permitted permitted permitted as per abutting zone as per abutting zone BUILDING HEIGHT (stories) a. Principal Building not applicable not applicable 2 max. 3 max.2 min. 2 min. 2 min. 2 min. 2 min. 2 min. none none as per abutting zone as per abutting zone It. BV prohibited prohibited permitted permitted 5 max. 8 max. 12 max. 24 max. 36 max. 48 max. 8 max. 8 max. as per abutting zone as per abutting zone It. Outbuilding not applicable not applicable 2 max. 2 max. not applicable not applicable not applicable not applicable not applicable not applicable not applicable not applicable as per abutting zone as per abutting zone c. Benefit Height not applicable not applicable not applicable not applicable not applicable 4 max. 8 max. 24 max. 24 max. unlimited 2 max. non applicable as per abutting zone as per abutting zone Abutting TQ TS & T4 only prohibited prohibited prohibited prohibited permitted permitted permitted permitted permitted permitted permitted permitted as per abutting zone as per abutting zone PARI If. FRONTAGFS a. HW & RR permitted permitted permitted prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited as per abutting zone as per abutting zone It. BV prohibited prohibited permitted permitted permifted permitted permitted permitted permitted permitted permitted permitted as per abutting zone as per abutting zone c. SR prohibited prohibited permitted permitted prohibited permitted permitted permitted permitted permitted permitted permitted as per abutting zone as per abutting zone J. RS prohibited prohibited permitted permitted prohibited permitted permitted permitted permitted permitted permitted permitted as per abutting zone as per abutting zone e.SS&AV prohibited prohibited prohibited prohibited permitted permitted permitted permitted permitted permitted permitted permitted as per abutting zone as per abutting zone f.CS&AV prohibited prohibited prohibited prohibited permitted permitted permitted permitted permitted permitted permitted permitted as per abutting zone as per abutting zone g. Rear Lane permitted permitted permitted permitted prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited as per abutting zone as per abutting zone h. Rear Alley prohibited permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted as per abutting zone as per abutting zone i. Path permitted permitted permitted permitted prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited as per abutting zone as per abutting zone j. Passage prohibited permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted as per abutting zone as per abutting zone k. Bicycle Trail permitted permitted permitted prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited as per abutting zone as per abutting zone I. Bicycle Lane permitted permitted permitted permitted prohibited prohibited prohibited prohibited prohibited prohibited prohibited prohibited as per abutting zone as per abutting zone I. Bicycle Route permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted as per abutting zone as per abutting zone " Or as modified in Diagram 9 Note: Refer to Article 5 for Specific Transect Zone Regulations D N MIAMI 21 PUBLIC HEARING -FIRST READING 2007-06 DENSITY (UNITS PER ACRE) RESIDENTIAL SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY HOME OFFICE LIVE - WORK WORK -LIVE LODGING BED & BREAKFAST INN HOTEL OFFICE OFFICE COMMERCIAL AUTO RELATED ENTERTAINMENT ESTABLISHMENT ENTERTAINMENT ESTABL - ADULT FOOD SERVICE ESTABLISHMENT ALCOHOL SERVICE ESTABLISHMENT GENERAL COMMERCIAL MARINE RELATED OPEN AIR RETAIL PLACE OF ASSEMBLY RECREATIONAL ESTABLISHMENT CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE & UTILITIES MAJOR FACILITY MARINA PUBLIC PARKING TRANSIT FACILITIES RESCUE MISSION EDUCATIONAL CHILDCARE COLLEGE/ UNIVERSITY ELEMENTARY SCHOOL LEARNING CENTER MIDDLE/ HIGH SCHOOL PRE-SCHOOL SPECIAL TRAINING /VOCATIONAL RESEARCH FACILITY INDUSTRIAL AUTO RELATED MANUFACTURING & PROCESSING MARINE RELATED PRODUCTS & SERVICES STORAGE/ DISTRIBUTION FACILITY ARTICLE 4. TABLE 3 BUILDING FUNCTION: USES SUB -URBAN URBAN GENERAL URBAN CENTER URBAN CORE CIVIC DISTRICTS 9 9 18 36 36 36 65 65 65 150** 150** 150** AZ*** NIA 9 NIA R R R R R R R R R R R R W W W W W W W W W W W W R R R R R R R R R R R R R R R R I R R I R R R I R I R E E R R JR R R R R R R R R R R R R RR R R R R R R W JR E R R E R R R R E R R R R R R R R R R R R R R R W W W R R R W R R R R R R R R R R W R R R R R R R R R R R R R R R R R R W R R R R R R W W W W R R W W W W W W R R R R E R R W W R R R R R R R I R R R W W W JR W W W R R W W W W R R W R W R RE E E R R E R E R R R R R W W W W W W E R R W W W W W W W W W W W W W W W R E E E E W W E W W E W W R R R R W W E W W E W W R R R W W E W W E W W R R R E I E W E W W E W W W W W R E W W W W R E E E E E E E E W W E W W R E E E R R R R R E E E E E E E E E W W E W W R E E E E E E E E R R E R R R E E W W W W R R R E E R I I W R R* R W* R R* R R* R R* R R Allowed By Right WAllowed By Warrant: Administrative Process - CRC (Coordinated Review Committee) E Allowed By Exception: Public Hearing - granted by PZAB (Planning, Zoning & Appeals Board) IVA Some uses may require Compliance Reviews, Supplemental Regulations and/or State Regulations. Refer to Article 6, Section 6. Additional densities in some T6 zones are illustrated in Diagram 9. AZ: Density of Abutting Zone MIAMI 21 ARTICLE 4. TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING PUBLIC HEARING -FIRST READING 2007-06 T3 - SUB -URBAN ZONE DENSITY (UPA) 9 UNITS PER ACRE 9 UNITS PER ACRE 18 UNITS PER ACRE RESIDENTIAL Residential Uses are permissible as listed in Table 3, Residential Uses are permissible as listed in the Table 3, Residential Uses are permissible as listed in the Table 3, limited by compliance with: limited by compliance with: limited by compliance with: • Minimum of 2 parking spaces per dwelling unit. All dwelling units shall be under single ownership. Minimum of 2 parking spaces per principal dwelling Home Office Uses are permissible as listed in Table 3, Minimum of 2 parking spaces per principal dwelling unit. limited by compliance with: unit. Minimum of 1 parking space per ancillary dwelling unit. Allowable in the principal building. Minimum of 1 parking space per ancillary dwelling unit. Home Office Uses permissible as listed in Table 3, limited Minimum of 1 parking space in addition to the parking Home Office Uses are permissible as listed in Table 3, by compliance with: required for the dwelling unit. limited by compliance with: Restricted to 25% of the floor area of the unit. Restricted to 25% of the floor area of the unit. Office use permissible as ancillary to a single unit Office use permissible as ancillary to a single unit dwelling dwelling. Allowable in the principal building or in an ancillary Allowable in the principal building or in an ancillary building. building. For use by resident(s) only. For use by resident(s) only. Minimum of 1 parking space in addition to the parking required for the dwelling. LODGING See Historic Use Exceptions See Historic Use Exceptions See Historic Use Exceptions OFFICE COMMERCIAL CIVIC Civic Uses are permissible as listed in the Table 3, limited Civic Uses are permissible as listed in the Table 3, limited by compliance with: by compliance with: Minimum of 1 parking space for every 5 seats of Minimum of 1 parking space for every 5 seats of assembly use. assembly use. Minimum of 1 parking space for every 1,000 square feet • Minimum of 1 parking space for every 1,000 square feet of exhibition or recreation area, and parking places for of exhibition or recreation area, and parking places for other uses as required. other uses as required. Parking for civic uses may be provided off-site within a • Parking for civic uses may be provided off-site within a distance of 1,000 feet. distance of 1,000 feet. CIVIL SUPPORT Civil Support Uses are permissible as listed in Table 3. Civil Support Uses are permissible as listed in Table 3, Civil Support uses permissible as listed in Table 3, limited Minimum of 1 parking space for every 800 square feet limited by compliance with: by compliance with: of civil support use. • Minimum of 1 parking space for every 800 square feet • Minimum of 1 parking space for every 800 square feet Minimum of 1 parking space for every 5 seats of of civil support use. of civil support use. assembly uses. Minimum of 1 parking space for every 5 seats of Minimum of 1 parking space for every 5 seats of assembly uses. assembly uses. EDUCATIONAL Educational Uses are permissible as listed in the Table 3, Educational Uses are permissible as listed in the Table 3, Educational Uses are permissible as listed in the Table 3, limited by compliance with: limited by compliance with: limited by compliance with: Minimum of 3 parking spaces forevery 1,000 square feet • Minimum of 3 parking spaces forevery 1,000 square feet • Minimum of 3 parking spaces forevery 1,000 square feet of educational use. of educational use. of educational use. INDUSTRIAL IV.5 MIAMI 21 ARTICLE 4. TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING (CONTINUED) PUBLIC HEARING -FIRST READING 2007-06 T4 - GENERAL URBAN ZONE DENSITY (UPA) 36 UNITS PER ACRE 36 UNITS PER ACRE 36 UNITS PER ACRE RESIDENTIAL Residential Uses are permissible as listed in the Table 3, Residential Uses are permissible as listed in the Table 3, Residential Uses are permissible as listed in the Table 3, limited by compliance with: limited by compliance with: limited by compliance with: Minimum of 1.5 parking spaces per principal dwelling • Minimum of 1.5 parking spaces per principal dwelling • Minimum of 1.5 parking spaces per principal dwelling unit. unit. unit. Minimum of 1 parking space per ancillary dwelling unit. • Minimum of 1 parking space per ancillary unit. Minimum of 1 parking space per ancillary unit. Home office uses permissible as listed in Table 3, limited • Parking ratio may be reduced according to the shared • Parking ratio may be reduced according to the shared by compliance with: parking standard. parking standard. • Allowable in the principal building or in an ancillary Live-work/Work-live Uses are permissible as listed in the Live-work/Work-live Uses are permissible as listed in the building. Table 3, limited by compliance with: Table 3, limited by compliance with: • Work component shall provide parking as required by • Work component shall provide parking as required by standards herein below in addition to parking required standards herein below in addition to parking required for the dwelling unit. for the dwelling unit. LODGING See Historic Use Exceptions Lodging Uses are permissible as listed in the Table 3, Lodging Uses are permissible as listed in the Table 3, limited by compliance with: limited by compliance with: Minimum of 1 parking space for every 2 lodging units. Minimum of 1 parking space for every 2 lodging units. Minimum of 1 additional visitor parking space for every • Minimum of 1 additional visitor parking space for every 5 lodging units. 5 lodging units. Food service may be provided in the morning only. Food service may be provided in the morning only. The maximum length of stay shall be 10 days. The maximum length of stay shall be 10 days. OFFICE Office Uses are permissible as listed in the Table 3, limited Office Uses are permissible as listed in the Table 3, limited by compliance with: by compliance with: The first story of the principal building or the ancillary • Minimum of 3 parking spaces for every 1,000 square building and shall be less than 50% building floor feet of office use. area total. Parking ratio may be reduced according to the shared Minimum of 3 parking places for every 1,000 square parking standard. feet of office use. Parking ratio may be reduced according to the shared parking standard. COMMERCIAL Commercial Uses are permissible as listed in the Table 3, Commercial Uses are permissible as listed in the Table 3, limited by compliance with: limited by compliance with: The first story of the principal building and shall be less • Minimum of 3 parking spaces for every 1,000 square feet than 50% building floor area total. of commercial use. Minimum of 3 parking spaces for every 1,000 square feet • A maximum area of 4,000 square feet. of commercial use. Food establishments of a maximum seating capacity A maximum area of 4,000 square feet. of 40 patrons. Food establishments of a maximum seating capacity • Parking ratio may be reduced according to the shared of 40 patrons. parking standard. Parking ratio may be reduced according to the shared parking standard. CIVIC Civic Uses are permissible as listed in the Table 3, limited Civic Uses are permissible as listed in the Table 3, limited by compliance with: by compliance with: Minimum of 1 parking space for every 5 seats of Minimum of 1 parking space for every 5 seats of assembly use. assembly use. Minimum of 1 parking space for every 1,000 square feet • Minimum of 1 parking space for every 1,000 square feet of exhibition or recreation area, and parking spaces for of exhibition or recreation space, and parking places for other uses as required. other uses as required. Parking for civic uses may be provided off-site within a • Parking for civic uses may be provided off-site within a distance of 1,000 feet. distance of 1,000 feet. CIVIL SUPPORT Civil Support Uses permissible as listed in the Table 3, Civil Support Uses are permissible as listed in the Table Civil Support Uses are permissible as listed in Table 3, limited by compliance with: 3, limited by compliance with: limited by compliance with: Minimum of 1 parking space for every 800 square feet • Minimum of 1 parking space for every 800 square feet • Minimum of 1 parking space for every 800 square feet of civil support use. of civil support use. of civil support use. Minimum of 1 parking space for every 5 seats of Minimum of 1 parking space for every 5 seats of Minimum of 1 parking space for every 5 seats of assembly use. assembly use. assembly use. EDUCATIONAL Educational Uses are permissible as listed in the Table 3, Educational Uses are permissible as listed in the Table 3, Educational Uses are permissible as listed in the Table 3, limited by compliance with: limited by compliance with: limited by compliance with: Minimum of 3 parking spaces for every 1,000 square feet •Minimum of3parking spaces for every 1,000square feet •Minimum of3parking spaces for every 1,000square feet of educational use. of educational use. of educational use. INDUSTRIAL IV.6 MIAMI 21 ARTICLE 4. TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING (CONTINUED) PUBLIC HEARING -FIRST READING 2007-06 T5 - URBAN CENTER ZONE DENSITY (UPA) 65 UNITS PERACRE 65 UNITS PERACRE 65 UNITS PERACRE RESIDENTIAL Residential Uses are permissible as listed in the Table 3, Residential Uses are permissible as listed in the Table 3, Residential Uses are permissible as listed in Table 3, limited limited by compliance with: limited by compliance with: by compliance with: Minimum of 1.5 parking spaces per principal dwelling Minimum of 1.5 parking space per principal dwelling Minimum of 1.5 parking space per principal dwelling unit. unit. unit. Minimum of 1 additional visitor parking space for every Minimum of 1 additional visitor parking space for every Minimum of 1 additional visitor parking space for every 10 dwelling units. 10 dwelling units. 10 dwelling units. Home office uses permissible as listed in Table 3, limited Parking ratio may be reduced according to the shared Parking ratio may be reduced according to the shared by compliance with: parking standard. parking standard. Allowable in the principal building or in an ancillary Parking for residential uses may be provided off-site Parking for residential uses may be provided off-site building. within a distance of 1,000 feet. within a distance of 1,000 feet. Minimum of 1 parking space in addition to the parking • Loading required as listed in Loading Berth Standards. • Loading required as listed in Loading Berth Standards. required for the dwelling unit(s). Loading needs shall be accommodated on site. Loading needs shall be accommodated on site. Loading required as listed in Loading Berth Standards. Live-workNVork-live Uses are permissible as listed in the Live-workNVork-live Uses are permissible as listed in the Loading needs shall be accommodated on site. Table 3, limited by compliance with: Table 3, limited by compliance with: • Work component shall provide parking as required by • Work component shall provide parking as required by standards herein below in addition to parking required for the dwell nq un t standards herein below in addition to parking required for the dwell nq un t LODGING Lodging Uses are permissible as listed in the Table 3, Lodging Uses are permissible as listed in the Table 3, Lodging Uses are permissible as listed in the Table 3, limited by compliance with: limited by compliance with: limited by compliance with: Minimum of 1 parking space for every 2 lodging units. Minimum of 1 parking space for every 2 lodging units. Minimum of 1 parking space for every 2 lodging units. Minimum of 1 additional visitor parking space for every Minimum of 1 additional visitor parking space for every Minimum of 1 additional visitor parking space for every 10 lodging units. 10 lodging units. 10 lodging units. Parking may be reduced accordingtothe shared parking Parking ratio may be reduced according to the shared Parking ratio may be reduced according to the shared standard. parking standard. parking standard. Parking may be provided off-site within a distance of Parking may be provided off-site within a distance of Parking may be provided off-site within a distance of 1,000 feet. 1,000 feet. 1,000 feet. Loading required as listed in Loading Berth Standards. • Loading required as listed in Loading Berth Standards. • Loading required as listed in Loading Berth Standards. Loading needs shall be accommodated on site. Loading needs shall be accommodated on site. Loading needs shall be accommodated on site. OFFICE Office Uses are permissible as listed in Table 3, limited Office Uses are permissible as listed in Table 3, limited by compliance with: by compliance with: The first and second story of the principal building and Minimum of 3 parking spaces for each 1,000 square feet shall be less than 25% building floor area total. of office use. Minimu m of 3 parking spaces for every 1,000 square feet Parking ratio may be reduced according to the shared of office use. parking standard. Parking ratio may be reduced according to the shared Parking ratio may be provided off-site within a distance parking standard. of 1,000 feet. Parking may be provided off-site within a distance of • Loading required as listed in Loading Berth Standards. 1,000 feet. Loading needs shall be accommodated on site. Loading required as listed in Loading Berth Standards. Loading needs shall be accommodated on site. COMMERCIAL Commercial Uses are permissible as listed in the Table 3, Commercial Uses are permissible as listed in Table 3, limited by compliance with: limited by compliance with: The first and second story of the principal building and Minimum of3 parking spacesforevery 1,000 square feet shall be less than 25% building floor area total. of commercial space. Minimum of3 parking spacesforevery 1,000 square feet Parking ratio may be reduced according to the shared of commercial space. parking standard. Parking ratio may be reduced according to the shared Parking may be provided off-site within a distance of parking standard. 1,000 feet. Parking may be provided off-site within a distance of • Loading required as listed in Loading Berth Standards. 1,000 feet. Loading needs shall be accommodated on site. Loading required as listed in Loading Berth Standards. Loading needs shall be accommodated on site. CIVIC Civic Uses are permissible as listed in the Table 3, limited Civic Uses are permissible as listed in the Table 3, limited by compliance with: by compliance with: Minimumofl parking space for every 5 seats of assembly Minimumofl parking space for every 5 seats of assembly uses. uses. Minimum of 1 parking space forevery 1,000 square feet Minimum of 1 parking space forevery 1,000 square feet of exhibition or recreation area, and parking spaces for of exhibition or recreation area, and parking spaces for other uses as required. other uses as required. Parking ratio may be reduced according to the shared Parking ratio may be reduced according to the shared parking standard. parking standard. Parking may be provided off-site within a distance of Parking may be provided off-site within a distance of 1,000 feet. 1,000 feet. IV.7 MIAMI 21 ARTICLE 4. TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING (CONTINUED) PUBLIC HEARING -FIRST READING 2007-06 T5 - URBAN CENTER ZONE DENSITY (UPA) 65 UNITS PERACRE 65 UNITS PERACRE 65 UNITS PER ACRE CIVIL SUPPORT Civil Support Uses are permissible as listed in Table 3, Civil Support Uses are permissible as listed in the Table Civil Support Uses are permissible as listed in Table 3, limited by compliance with: 3, limited by compliance with: limited by compliance with: Minimum of 1 parking space for every 800 square feet • Minimum of 1 parking space forevery 1,000 square feet Minimum of 1 parking space forevery 1,000 square feet of civil support use. of civil support use. of civil support use. Minimumofl parking space for every 5 seats of assembly Minimumofl parking space for every 5 seats of assembly Minimumofl parking space for every 5 seats of assembly use. use. use. Minimum of 1 parking space for every 5 slips of marine Minimum of 1 parking space for every 5 slips of marine Minimum of 1 parking space for every 5 slips of marine use. use. use. Parking ratio may be reduced according to the shared Parking ratio may be reduced according to the shared parking standard. parking standard. Parking may be provided off-site within a distance of Parking may be provided off-site within a distance of 1,000 feet. 1,000 feet. EDUCATIONAL Educational Uses are permissible as listed in Table 3, Educational Uses are permissible as listed in the Table 3, Educational Uses are permissible as listed in the Table 3, limited by compliance with: limited by compliance with: limited by compliance with: Minimum of2 parking spacesforevery 1,000 square feet Minimum of2 parking spacesforevery 1,000 square feet Minimum of2 parking spacesforevery 1,000 square feet of educational use. of educational use. of educational use. Parking may be reduced according to the shared parking Parking ratio may be reduced according to the shared Parking ratio may be reduced according to the shared standard. parking standard. parking standard. Parking may be provided off-site within a distance of Parking may be provided off-site within a distance of Parking may be provided off-site within a distance of 1,000 feet. 1,000 feet. 1,000 feet. INDUSTRIAL Industrial Uses are permissible as listed in the Table 3, limited by compliance with: Minimum of 1 parking spaceforevery 1,000sfofindustrial use. Parking may be reduced according to the shared parking standard. Parking for industrial uses may be provided off-site within a distance of 1,000 ft. Loading required as listed in Loading Berth Standards. IV.8 MIAMI 21 ARTICLE 4. TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING (CONTINUED) PUBLIC HEARING -FIRST READING 2007-06 T6 - URBAN CORE ZONE DENSITY(UPA) 150 UNITS PER ACRE 150 UNITS PER ACRE 200-7,000UNI TS PER ACRE RESIDENTIAL Residential Uses are permissible as listed in the Table 3, Residential Uses are permissible as listed in the Table 3, Residential Uses are permissible as listed in the Table 3, limited by compliance with: limited by compliance with: limited by compliance with: Minimum of 1.5 parking space per principal dwelling Minimum of 1.5 parking space per principal dwelling Minimum of 1.5 parking space per principal dwelling unit. unit. unit. Minimum of 1 additional visitor parking space for every Minimum of 1 additional visitor parking space for every Minimum of 1 additional visitor parking space for every 10 dwelling units. 10 dwelling units. 10 dwelling units. Parking ratio may be reduced according to the shared Parking ratio may be reduced according to the shared Parking ratio may be reduced according to the shared parking standard. parking standard. parking standard. Home office uses permissible as listed in Table 3, limited Parking for residential uses may be provided off-site Parking for residential uses may be provided off-site by compliance with: within a distance of 1,300 feet. within a distance of 1,300 feet. Allowable in the principal building or in an ancillary • Loading required as listed in Loading Berth Standards. • Loading required as listed in Loading Berth Standards. building. Loading needs shall be accommodated on site Loading needs shall be accommodated on site. Minimum of 1 parking space in addition to the parking required for the dwelling unit(s). Live-workNVork-live Uses are permissible as listed in the Live-work/Work-live Uses are permissible as listed in the Table 3, limited by compliance with: Table 3, limited by compliance with: Loading required as listed in Loading Berth Standards. • Work component shall provide parking as required by • Work component shall provide parking as required by Loading needs shall be accommodated on site. standards herein below in addition to parking required standards herein below in addition to parking required for the dwelling unit. for the dwelling unit. LODGING Lodging Uses are permissible as listed in the Table 3, Lodging Uses are permissible as listed in the Table 3, Lodging Uses are permissible as listed in the Table 3, limited by compliance with: limited by compliance with: limited by compliance with: Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 parking space for every 3 lodging units. Minimum of 1 additional visitor parking space for every Minimumofl additional parking space forevery 10 lodging •Minimumofladditional parking space forevery15lodging 10 lodging units. units for visitors. units for visitors. Parking ratio may be reduced according to the shared Parking ratio may be reduced according to the shared Parking ratio may be reduced according to the shared parking standard. parking standard. parking standard. Parking for lodging uses may be provided off-site within Parking for lodging uses may be provided off-site within Parking for lodging uses may be provided off-site within a distance of 1,300 feet. a distance of 1,300 feet. a distance of 1,300 feet. Loading required as listed in Loading Berth Standards. • Loading required as listed in Loading Berth Standards. • Loading required as listed in Loading Berth Standards. Loading needs shall be accommodated on site. Loading needs shall be accommodated on site. Loading needs shall be accommodated on site. OFFICE Office Uses are permissible as listed in the Table 3, limited Office Uses are permissible as listed in the Table 3, limited by compliance with: by compliance with: The building area allowed for office use on each lot is Minimum of2 parking spaces forevery 1,000 square feet limited to the firstfour stories ofthe principal building and of office use. shall be less than 25% building floor area total. Parking ratio may be reduced according to the shared Minimum of 2 parking spaces forevery 1,000 square feet parking standard. of office use. Parking for office uses may be provided off-site within a Parking ratio may be reduced according to the shared distance of 1,300 feet. parking standard. Loading required as listed in Loading Berth Standards. Parking for office uses may be provided off-site within a distance of 1,300 feet. .Loading needs shall be accommodated on site. Loading required as listed in Loading Berth Standards. Loading needs shall be accommodated on site. IV.9 MIAMI 21 ARTICLE 4. TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING (CONTINUED) PUBLIC HEARING -FIRST READING 2007-06 T6 - URBAN CORE ZONE DENSITY (UPA) 150 UNITS PER ACRE 150 UNITS PER ACRE 200 —1,000 UNITS PERACRE COMMERCIAL Commercial establishments are permissible as listed in Commercial Uses are permissible as listed in the Table 3, Commercial Uses are permissible as listed in Table 3, the Table 3, limited by compliance with: limited by compliance with: limited by compliance with: Commercial establishments limited to a maximum area • The building area allowed for commercial useon each lot • The requirement of 2 parking spaces for every 1,000 of 4,000 square feet each and shall be less than 25% is limited to the first two stories of the principal building square feet of commercial space. building floor area total. and shall be less than 25% building floor area total. Parking ratio may be reduced according to the shared The buildingarea allowed forcommercialuse oneach lotis Minimumof3parking spacesforevery1,300squarefeet parking standard. limited to the first two stories of the principal building. of commercial space. Parking may be provided off-site within a distance of Minimum of3 parking spacesforevery 1,000 square feet Parking ratio may be reduced according to the shared 1,300 feet. of commercial use. parking standard. Loading required as listed in Loading Berth Standards. Loading required as listed in Loading Berth Standards. Parking for commercial use may be provided off-site • Loading needs shall be accommodated on site. Loading needs shall be accommodated on site. within a distance of 1,300 feet. Loading required as listed in Loading Berth Standards. Loading needs shall be accommodated on site. CIVIC Civic Uses are permissible as listed in the Table 3, limited Civic Uses are permissible as listed in the Table 3, limited Civic Uses are permissible as listed in the Table 3, limited by compliance with: by compliance with: by compliance with: Minimumof1parkingspace for every 5seats ofassembly Minimumof1parking space for every 5seats ofassembly Minimumof1parking space for every 5seats ofassembly uses. uses. uses. Minimum of 1 parking space forevery 1,000 square feet Minimum of 1 parking space forevery 1,000 square feet Minimum of 1 parking space forevery 1,000 square feet of exhibition or recreation area, and parking spaces for of exhibition or recreation area, and parking spaces for of exhibition or recreation area, and parking spaces for other uses as required. other uses as required. other uses as required. Parking ratio may be reduced according to the shared Parking ratio may be reduced according to the shared parking standard. parking standard. Parking may be provided off-site within a distance of Parking may be provided off-site within a distance of 1,300 feet. 1,300 feet. CIVILSUPPORT Civil Support Uses are permissible as listed in Table 3, Civil Support Uses are permissible as listed in the Table Civil Support Uses are permissible as listed in Table 3, limited by compliance with: 3, limited by compliance with: limited by compliance with: Minimum of 1 parking space for every 800 square feet • Minimum of 1 parking space for every 1,000 square feet Minimum of 1 parking space for every 1,000 square feet of civil support use. of civil support use. of civil support use. Minimumof1parking space for every 5seats ofassembly Minimumof1parking space for every 5seats ofassembly Minimumof1parking space for every 5seats ofassembly use. use. use. Minimum of 1 parking space for every 5 slips of marine Minimum of 1 parking space for every 5 slips of marine Minimum of 1 parking space for every 5 slips of marine use. use. use. Parking ratio may be reduced according to the shared Parking ratio may be reduced according to the shared parking standard. parking standard. Parking may be provided off-site within a distance of Parking may be provided off-site within a distance of 1,300 feet. 1,300 feet. EDUCATIONAL Educational Uses are permissible as listed in Table 3, Educational Uses are permissible as listed in the Table 3, Educational Uses are permissible as listed in the Table 3, limited by compliance with: limited by compliance with: limited by compliance with: Minimum of 2 parking spaces forevery 1,000 square feet Minimum of 2 parking spaces forevery 1,000 square feet Minimum of 2 parking spaces forevery 1,000 square feet of educational use. of educational use. of educational use. Parking ratio may be reduced according to the shared Parking ratio may be reduced according to the shared parking standard. parking standard. Parking may be provided off-site within a distance of Parking may be provided off-site within a distance of 1,300 feet. 1,300 feet. INDUSTRIAL Industrial Uses are permissible as listed in the Table 3, limited by compliance with: Minimumof 1 parking space forevery 1,000 sf of industrial use. Parking may be reduced according to the shared parking standard. Parking for industrial uses may be provided off-site within a distance of 1,000 ft. Loading required as listed in Loading Berth Standards. IV10 MIAMI 21 ARTICLE 4. TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING (CONTINUED) PUBLIC HEARING -FIRST READING 2007-06 DENSITY (UPA) DENSITY OF ABUTTING ZONE NIA C - CIVIC RESIDENTIAL Residential Uses are permissible as listed in the Table 3, limited by compliance with: OFFICE Density to match that of the most restrictive abutting zone. Minimum of 1 parking space per dwelling unit. LODGING OFFICE Office Uses are permissible as listed in Table 3, limited by compliance with: Minimum of 3 parking spaces for every 1,000 square feet of office use. Parking ratio may be reduced according to the shared parking standard. Parking may be provided off-site within a distance of 1,000 feet. COMMERCIAL Commercial Uses are permissible as listed in the Table 3, limited by compliance with: Commercial Uses are permissible as listed in the Table 3, limited by compliance with: Building area allowed for commercial use on each lot shall be less than 25% building Minimum of 3 parking spaces for every 1,000 sf of commercial space. floor area total. Parking ay be reduced according to the shared parking standard. Minimum of 3 parking spaces for every 1,000 sf of commercial space. Loading required as listed in Loading Berth Standards. Parking ay be reduced according to the shared parking standard. Loading needs, including maneuvering, shall be accommodated on site. Loading required as listed in Loading Berth Standards. Loading needs, including maneuvering, shall be accommodated on site. CIVIC Civic Uses are permissible as listed in the Table 3, limited by compliance with: Civic Uses are permissible as listed in the Table 3, limited by compliance with: Minimum of 1 parking space forevery 5 seats of assembly uses. Minimum of 1 parking space forevery 5 seats of assembly uses. Minimum of 1 parking space for every 1,000 sf of exhibition or recreation space, and Minimum of 1 parking space for every 1,000 sf of exhibition or recreation space, and parking spaces for other uses as required. parking spaces for other uses as required. Minimum of 1 parking space forevery employee for recreational uses. Minimum of 1 parking space forevery employee for recreational uses. Minimum of 1 parking space forevery 500 sf of building area for recreational uses. Minimum of 1 parking space forevery 500 sf of building area for recreational uses. Parking for Civic Uses may be provided off-site within a distance of 1,000 ft. Parking for Civic Uses may be provided off-site within a distance of 1,000 ft. CIVIL SUPPORT Civil Support Uses are permissible as listed in the Table 3, limited by compliance with: Civil Support Uses are permissible as listed in the Table 3, limited by compliance with: For Civil Support, a minimum of 1 parking space for every 1,000 sf. For Civil Support, a minimum of 1 parking space for every 800 sf. For Assembly Uses, a minimum of 1 parking space for every 5 seats. For Marine Uses, a minimum of 1 parking space for every 5 slips. For Marine Uses, a minimum of 1 parking space for every 5 slips. EDUCATIONAL Educational Uses are permissible as listed in the Table 3, limited by compliance with: Educational Uses are permissible as listed in the Table 3, limited by compliance with: Minimum of 2 parking spaces for every 1,000 sf of educational space Minimum of 2 parking spaces for every 1,000 sf of educational space INDUSTRIAL IV.11 MIAMI 21 ARTICLE 4. TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING (CONTINUED) PUBLIC HEARING -FIRST READING 2007-06 DENSITY (UPA) 9 UNITS PER ACRE NIA D - DISTRICT RESIDENTIAL Residential Uses are permissible as listed in the Table 3, limited by compliance with: 1 unit per lot of record. Minimum of 1.5 parking space per dwelling unit. LODGING Lodging Uses are permissible as listed in the Table 3, limited by compliance with: Minimum of 1 parking space for every 3 lodging units. Minimum of 1 additional parking space for every 15 lodging units for visitors. Parking ratio may be reduced according to the shared parking standard. Parking for lodging uses may be provided off-site within a distance of 1,300 feet. Loading required as listed in Loading Berth Standards. Loading needs shall be accommodated on site. OFFICE Office Uses are permissible as listed in the Table 3, limited by compliance with: Office Uses are permissible as listed in the Table 3, limited by compliance with: Minimum of 2 parking spaces for every 1,000 sf of office space. Minimum of 2 parking spaces for every 1,000 sf of office space. Parking may be reduced according to the shared parking standard. Parking may be reduced according to the shared parking standard. Parking for office uses may be provided off-site within a distance of 1,000 ft. Parking for office uses may be provided off-site within a distance of 1,000 ft. Loading required as listed in Loading Berth Standards. Loading required as listed in Loading Berth Standards. Loading needs shall be accommodated on site. Loading needs shall be accommodated on site. COMMERCIAL Commercial Uses are permissible as listed in the Table 3, limited by compliance with: Commercial Uses are permissible as listed in the Table 3, limited by compliance with: Minimum of 3 parking spaces for every 1,000 sf of commercial space. Minimum of 3 parking spaces for every 1,000 sf of commercial space. Parking may be reduced according to the shared parking standard. Parking may be reduced according to the shared parking standard. Parking for commercial uses may be provided off-site within a distance of 1,000 ft. Parking for commercial uses may be provided off-site within a distance of 1,000 ft. Loading required as listed in Loading Berth Standards. Loading required as listed in Loading Berth Standards. Loading needs shall be accommodated on site. Loading needs shall be accommodated on site. CIVIC Civic Uses are permissible as listed in the Table 3, limited by compliance with: Civic Uses are permissible as listed in the Table 3, limited by compliance with: Minimum of 1 parking space for every 5 seats of assembly uses. Minimum of 1 parking space for every 5 seats of assembly uses. Minimum of 1 parking space for every 1,000 sf of exhibition or recreation space, and • Minimum of 1 parking space for every 1,000 sf of exhibition or recreation space, and parking spaces for other uses as required. parking spaces for other uses as required. Parking may be reduced according to the shared parking standard. Parking may be reduced according to the shared parking standard. Parking for civic uses may be provided off-site within a distance of 1,000 ft. Parking for civic uses may be provided off-site within a distance of 1,000 ft. CIVIL SUPPORT Civil Support Uses are permissible, as listed by the Table 3, limited by compliance Civil Support Uses are permissible, as listed by the Table 3, limited by compliance with: with: Minimum of 1 parking space for every 1,000 sf. of civil support use. Minimum of 1 parking space for every 1,000 sf. of civil support use. Minimum of 1 parking space for every 5 seats for assembly uses. Minimum of 1 parking space for every 5 seats for assembly uses. Minimum of 1 parking space for every 5 slips for marine uses. Minimum of 1 parking space for every 5 slips for marine uses. Parking may be reduced according to the shared parking standard. Parking may be reduced according to the shared parking standard. Parking for civil support uses may be provided off-site within a distance of 1,000 ft. Parking for civil support uses may be provided off-site within a distance of 1,000 ft. EDUCATIONAL Educational Uses are permissible as listed in the Table 3, limited by compliance with: Educational Uses are permissible as listed in the Table 3, limited by compliance with: Minimum of 2 parking spaces for every 1,000 sf of educational space. Minimum of 2 parking spaces for every 1,000 sf of educational space. Parking may be reduced according to the shared parking standard. Parking may be reduced according to the shared parking standard. Parking for educational uses may be provided off-site within a distance of 1,000 ft. Parking for educational uses may be provided off-site within a distance of 1,000 ft. IV12 MIAMI 21 ARTICLE 4. TABLE 5 BUILDING FUNCTION: PARKING AND LOADING PUBLIC HEARING -FIRST READING 2007-06 SHARED PARKING STANDARDS ACCESS AISLE WIDTH SHARING FACTOR TWO WAY TRAFFIC DOUBLE LOADED The Parking Calculation Table is a summary of the parking requirements that appear in Table 4, along 23 ft 23 ft 23 ft with the associated Sharing Factors. The Effective Parking required for any two functions whose den - Function with Function 19.3 ft sity is already determined is the sum of the Required Parking divided by the Sharing Factor. The Shar- RESIDENTIAL ZZ RESIDENTIAL 18.5 ft ing Factor shall be applicable only to the two functions of greatest floor area. t ING LODGING ICE 1 OFFICE 1.1 1.1 RETAIL 1.4 1 1.4 RETAIL PARKING STANDARDS ANGLE OF PARKING ACCESS AISLE WIDTH ONE WAY ONE WAY TRAFFIC TRAFFIC SINGLE LOADED DOUBLE LOADED TWO WAY TRAFFIC DOUBLE LOADED 90 23 ft 23 ft 23 ft 60 12.8 ft 11.8 ft 19.3 ft 45 10.8 ft 9.5 ft 18.5 ft Parallel loft loft 20 ft Standard stall: 8.5 ft x 18 ft minimum • Driveways shall have a minimum of 10 feet of paved width of a one-way drive and 20 feet for a two-way drive for parking area providing 10 or more stalls. • Pedestrian entrances shall be at least 3 feet from stall, driveway or access aisle. • Allowable slopes, paving, and drainage as per Florida Building Code. • Off-street parking facilities shall have a minimum vertical clearance of 7 feet. Where such a facility is to be used by trucks or loading uses, the minimum clearance shall be 15 feet. • Ingress vehicular control devices shall be located so as to provide a minimum driveway of 20 feet in length between the base building line and dispenser. • For landscaping requirements of parking lots, refer to Miami -Dade County Landscape Ordinance. LOADING BERTH STANDARDS T5 & T6 DISTRICT NOTES RESIDENTIAL* From 25,000 sf to 500,000 sf Berth Types Berth Size Loading Berths NIA Residential: 240 sf = 12 ft x 20 ft 420 sf 1 per first 100 units Commercial: 420 sf = 12 ft x 35 ft 240 sf 1 per each additional 100 units or fraction of 100. Industrial— 660 sf= 12 ft x 55 ft All Berth Types: 15 ft height clearance Greater than 500,000 sf * Residential Loading berths shall be setback Berth Size Loading Berths NIA a distance equal to their length 660 sf 1 per first 100 units " 1 Industrial berth may be substituted by 2 2 40 sf 1 per each additional 100 units or Commercial berths fraction of 100. LODGING From 25,000 sf to 500,000 sf Berth Size Loading Berths NIA 420 sf 1 per 300 rooms 240 sf 1 per 100 rooms Greater than 500,000 sf___ Berth Size Loading Berths NIA 660 sf 1 per 300 rooms 240 sf 1 per 100 rooms OFFICE From 25,000 sf to 500,000 sf From 25,000 sf to 500,000 sf COMMERCIAL Berth Size Loading Berths Area Berth Size Loading Berths Area INDUSTRIAL** 420 sf 1st 25K sf - 50K sf 420 sf 1 st 25K sf - 50K sf 420 sf 2nd 50K sf - 100K sf 420 sf 2nd 50K sf - 100K sf 420 sf 3rd 100K sf - 250K sf 420 sf 3rd 100K sf - 250K sf 420 sf 4th 250K sf - 500K sf 420 sf 4th 250K sf - 500K sf Greater than 500,000 sf Greater than 500,000 sf Berth Size Loading Berths Area Berth Size Loading Berths Area 660 sf 1 / 500K sf 660 sf 1 / 500K sf IV13 MIAMI 21 PUBLIC HEARING -FIRST READING 2007-06 a. Common Yard: a frontage wherein the facade is set back sub- stantially from the frontage line. The front yard created remains unfenced and isvisually continuouswith adjacentyards, supporting a common landscape. The setback can be densely landscaped to buffer from higher speed thoroughfares. b. Porch & Fence: a frontage wherein the facade is set back from the frontage line with an attached porch permitted to encroach. A fence at the frontage line maintains the demarcation of the yard while not blocking view into the front yard. c. Terrace or Light Court: a frontage wherein the facade is set back from the frontage line by an elevated terrace or a sunken light court. This type buffers residential use from urban sidewalks and removes the private yard from public encroachment. The raised terrace is suitable for outdoor cafes. d. Forecourt: a frontage wherein a portion of the facade is close to the frontage line with a portion set back. The forecourt with a large tree offers visual and environmental variety to the urban streetscape. The forecourt may accommodate a vehicular drop off. e. Stoop: a frontage wherein the facade is aligned close to the front- age line with the first story elevated from the sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground - floor residential use. SECTION LOT I R.O.W. PRIVATE o. .4 PUBLIC FRONTAGE FRONTAGE RR� ARTICLE 4. TABLE 6 FRONTAGES PLAN LOT R.O.W. PRIVATE o. .4 PUBLIC FRONTAGE FRONTAGE FT4 k T4 T5 � T6 T4 T5 mt �� T6 f. Shopfront and Awning: a frontage wherein the facade is aligned close to the frontage line with the building entrance at sidewalk i m grade. This type is conventional for retail use. It has substantial i glazing at the sidewalk level and an awning that may overhang ! the sidewalk. i i g. Gallery: a frontage wherein the facade is aligned close to the frontage line y with an attached cantilevered or a lightweight colonnade overlapping the m sidewalk. This We is conventional for retail use. The gallery shall be no less than 15' feet wide and may overlap the whole width of the sidewalk to within 2 feet of the curb. Permitted by Special Area Plan. h. Arcade: a frontage wherein the facade includes a colonnade that 1 overlaps the sidewalk, while the facade at sidewalk level remains at the m frontage line. This We is conventional for retail use. The arcade shall be no less than 15' feet wide and may overlap the whole width of the sidewalk to within 2 feet of the curb. Permitted by Special Area Plan. IV14 MIAMI 21 PUBLIC HEARING -FIRST READING 2007-06 ARTICLE 4. TABLE 7 CIVIC SPACE This table describes the standards for areas zoned as Civic Space (CS) and for Public Parks and Open Space provided by the Public Benefits Program. Civic Spaces should be at the ground level, landscaped and/or paved, open to the sky and shall be open to the public. Civic Spaces may be publicly or privately owned. Open Space requirements for each zone are described in Article 5. a. Park: A natural preserve available for unstructured and structured recreation. A park may be inde- pendent of surrounding building frontages. Its landscape may be naturalistic and consist of paths and trails, meadows, woodland, sports fields and open shelters. Parks may be conservation areas, preserving natural conditions and their size may vary. b. Green: An open space, available for unstructured recreation. A green may be spatially defined by landscaping rather than building frontages. Its landscape shall consist of lawn and trees, naturalisti- cally disposed. The minimum size shall be one acre and the maximum shall be 4 acres. c. Square: An open space available for unstructured recreation and civic purposes. Asquare is spatially defined by building frontages with streets on at least one frontage. Its landscape shall consist of pave- ment, lawns and trees, formally disposed. Squares shall be located at the intersection of important thoroughfares. The minimum size shall be 1/3 acre and the maximum shall be 2 acres. d. Plaza: An open space available for civic purposes and programmed activities. A plaza shall be 0000000 m spatially defined by building frontages and may include street frontages. Its landscape shall consist m primarily of pavement and trees. Plazas shall be located at the intersection of important streets. The O - 00 minimum size shall be 1/8 acre and the maximum shall be 2 acres. 00000 e. Courtyard / Garden: An open space spatially defined by buildings and street walls, and visually accessible on one side to the street. Ed f. Playground: An open space designed and equipped for the recreation of children. A playground shall be fenced and may include an open shelter. Playgrounds shall be interspersed within residential m areas and may be placed within a block. Playgrounds may be included within parks and greens. m There shall be no minimum or maximum size. m g. Pedestrian Passage: An open space connecting other public spaces, that is restricted to pedes- m trian use and limited vehicular access, of a minimum width of 20 feet. Building walls enfronting m a Pedestrian Passage shall have frequent doors and windows. In T6-48, a Pedestrian Passage may be roofed. IV15 MIAMI 21 PUBLIC HEARING -FIRST READING 2007-06 a. THOROUGHFARE &FRONTAGES ARTICLE 4. TABLE 8 DEFINITIONS ILLUSTRATED Building Private Public Vehicular Lanes Frontage Frontage Private Lot Thoroughfare (R.O.W.) b. TURNING RADIUS d. LOT LAYERS f. SETBACK DESIGNATIONS ♦ i ♦ i 3 i 3 i 01.2 i 10 1i 2 iA i I I 1 -Front Setback I I 2 -Side Setback 1 I 1 i 3 -Rear Setback IV16 Public I Private I Building Frontage Frontage c. BUILDING DISPOSITION Private Lot 3 i 3 i i 2 i 1 i 1 i 1- Principal Building 2- Backbuilding ------------- 3 -Outbuilding e. FRONTAGE & LOT LINES i 5i 4 ! 4 ! 12 11 4 4 ! 4 3 ! 1 -Frontage Line 2 -Lot Line 3 -Facades 3 3 4 -Elevations _._._._._._.l._._._._._._.J 5-Streetscreen MIAMI 21 ARTICLE 4. DIAGRAM 9 RESIDENTIAL DENSITY INCREASE AREAS PUBLIC HEARING -FIRST READING 2007-06 AS MODIFIED BY 2004 COMPREHENSIVE PLAN IV17 a� � ❑rm 20th Street '�❑ E❑TH MUM ®mll[� OMNI Venetian 500 units/acre BRIM ❑INHHD❑❑� auseway ❑�� luO❑❑ �Mffl®� S"ll, �� t4l, MacArthur Causeway 0 D ffffffF�) 1-395 ❑ SEOPW ❑� 300 units/acre ❑� ❑❑ ❑❑0 ❑ 7th Street � q❑❑ —I❑ ❑❑ ❑ 77D ❑ ❑❑❑❑ El ❑�❑❑� CBD ®� FW �NBm 1000 units/acre Flagler Street °Om RIVER QUADRANT 500 units/acre 0 ❑ LITTLE HAVANA f 8th Street 200 units/acre BRICKELL 500 units/acre ❑ ❑ ❑ D ❑�o IV17 MIAMI 21 ARTICLE 4. DIAGRAM 11 TRANSIT ORIENTED DEVELOPMENT - TOD PUBLIC HEARING -FIRST READING 2007-06 FEC TRANSIT SHEDS 112 MILE TRANSIT SHEDS METRORAIL METROMOVER +}}�F FEC CORRIDOR RAILWAY 0 O O ❑ � J O 0 �o o a�BB� o rF__ �H O!� o ��oo❑❑❑ °HIE ❑°❑a77te o�❑ Doom o El ° NLMER i i I STATION' rl L CI. -Novi= y`iN L�.y FPASTATION 1 GOV�IMENT CENT�R SZF�TION -- 1i `I � � 1 I IV19 THIS PAGE LEFT INTENTIONALLY BLANK. MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 ARTICLE 5. SPECIFIC TO ZONES 5.1 GENERALLY 5.1.1 This Article sets forth the standards applicable to development within each Transect Zone that are specific to: • Building Disposition • Building Configuration • Building Function and Density • Parking Standards • Architectural Standards • Environmental Standards • Landscape Standards • Signs Standards • Ambient Standards V.1 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.2 NATURAL TRANSECT ZONE (T1) AND RURAL TRANSECT ZONE (T2) (RESERVED) V.2 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.3 SUB -URBAN TRANSECT ZONES (T3) 5.3.1 Building Disposition (T3) a. Newly platted Lots shall be dimensioned according to Diagram 5.3 b. Lot coverage by building shall not exceed that shown in Diagram 5.3. c. A Building shall be disposed in relation to the boundaries of its Lot according to Diagram 5.3. d. Lots facing streets on more than one side shall have designated Principal and Secondary Frontages. Unless otherwise designated by a Special Area Plan, a Principal Frontage shall be that facing the street of higher pedestrian importance or intensity (i.e., traffic volume, number of lanes, etc.). A Secondary Frontage shall be that facing the street of lesser intensity. Lots with two Frontages may consider two other Property Lines as sides. Lots shall have at least one Principal Frontage. e. In Zone T3 -R, one Principal Building at the Frontage may be built on each Lot as shown in Table 8. In Zones T3 -L and T3-0, one Principal Building at the Frontage and one Outbuilding may be built on each Lot as shown in Diagram 5.3. 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. f. Setbacks for Principal Buildings shall be as shown in Diagram 5.3. Setbacks may otherwise be adjusted by Waiver by no more ten percent (10%). g. Facades shall be built parallel to a rectilinear Principal Frontage Line or parallel to the tangent of a curved Principal Frontage Line. h. The Rear Setback for an Outbuilding shall be a minimum of five (5) feet measured from the Property Line or as shown in Diagram 5.3. 5.3.2 Building Configuration (T3) a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and Diagram 5.3. b. Encroachments shall be allowed as follows: V.3 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 At the First Layer, Stoops may encroach up to Eight (8) feet of the depth of the Setback. Open Porches shall be at a minimum seven (7) feet deep and a maximum height of one (1) Story, and may encroach up to eight (8) feet of the depth of the Setback. Cantilevered 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 Stoops may encroach up to fifty percent (50%) of the depth of the Setback or three (3) feet, whichever is less. c. Screen enclosures shall be located within the Second or Third Layer only and shall have a five (5) feet minimum side and rear Setback. d. All outdoor storage, utility and infrastructure elements, including transformers, telephone boxes, garbage cans, dumpsters, condensers, meters, and backflow preventers shall be located within the Second or Third Layer and concealed from view from any Frontage. e. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be as shown in Diagram 5.3. The first -floor elevation of a Principal Building shall be a minimum height of one (1) foot and maximum of two and a half (2.5) feet. 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 second Story. A flat roof shall be enclosed by parapets of the minimum height necessary to conceal mechanical equipment 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. 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 (400) square feet for either a stair enclosure or a decorative purpose shall be permitted by process of Waiver. All extensions including attics shall not exceed ten (10) feet above the second Story. g. Fences and walls may be located up to and including the Frontage Line to the following maximum Height as measured from the average elevation of the public right-of-way. Height of fences and walls shall not exceed three and a half (3.5) feet within the First Layer. Within the Second and Third Layers, fences and walls shall not exceed six (6) feet. 5.3.3 Building Function & Density (T3) a. Buildings in T3 shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Diagram 5.3. Certain Functions as shown in Article 4, Table 3 shall require approval by Warrant or Exception. Consult Article 6 for any supplemental use regulations. V.4 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.3.4 Parking Standards (T3) a. Vehicular parking shall be required as shown in Article 4, Tables 4 and 5. b. Parking shall be accessed by the Alley or Rear Lane, when such is available. c. Required parking shall be located within the Second and Third Layers, as shown in Article 4, Table 8, except that Driveway aprons and drop-offs may be located within the First Layer. Covered parking and garages shall be located within the Third Layer; except that within the Second Layer, thirty percent (30%) of the width of the Facade may be covered parking or garage. Covered parking and garages shall align with or be set back from the Facade. d. The width of a vehicular entrance on a Frontage shall be a maximum of twelve (12) feet at the Property Line. Two separate driveways on one Lot shall have a minimum separation of fifteen (15) feet. e. Tandem parking on site shall be encouraged. f. Shared parking shall be calculated according to Article 4, Table 5. g. Within half a mile radius of a TOD, the required parking may be decreased by thirty percent (30%) by process of Waiver. 5.3.5 Architectural Standards (T3) a. Only permanent structures shall be allowed. Temporary structures such as mobile homes, construction trailers, travel trailers, recreational vehicles, and other temporary structures shall not be allowed except as per City Code. b. Roof materials should be light-colored, high Albedo or a planted surface. 5.3.6 Landscape Standards (T3) a. A minimum of one tree shall be planted within the First Layer for each fifty (50) feet of Frontage Line. b. At the First Layer, pavement shall be limited as follows: Impervious pavement shall be limited to thirty percent (30%) of the area and pervious pavement shall be limited to sixty percent (60%) of the area; a combination of pervious and impervious pavement shall be limited to sixty percent (60%) of the Lot area in the First Layer. c. Green Space shall be a minimum twenty-five (25%) of the total Lot area. V.5 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.3.7 Sign Standards (T3) As per Article 6, Section 6.8, and this Code. 5.3.8 Ambient Standards (T3) a. Noise regulations shall be as established in the City Code. b. Average lighting levels measured at the building Frontage shall not exceed 1.0 fc (foot-candles). d. Streetlights shall be of a general type illustrated in Article 8, Table E. Lighting of Building and Open Space of First and Second Layers shall be compatible with street lighting of abutting public spaces. V.6 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.3 SUB -URBAN TRANSECT ZONE (T3) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min. b. Lot Width 50 ft. min. c. Lot Coverage 50%max. d. Floor Lot Ratio (FLR) NIA e. Frontage at front setback NIA f. Green Space Requirements 25% lot area min. g. Density T3 R=9 dulacre max.; T3 L=9 du/acre max.; T3 0 =1 8 dulacre max. BUILDING SETBACK a. Principal Front 20 ft. min. b. Secondary Front 10 ft. min. c. Side 5 ft. min. d. Rear 20 ft. min. OUTBUILDING SETBACK (T3 L & T3 0 ONLY) a. Principal Front 20 ft. min. b. Secondary Front 10 ft. min. c. Side 5 ft. min., 20%lot width total min. d. Rear 5 ft. min. BUILDING CONFIGURATION FRONTAGE a. Common Lawn permitted b. Porch & Fence permitted c. Terrace or L.C. prohibited d. Forecourt prohibited e. Stoop prohibited f. Shopfront & Awning prohibited g. Gallery prohibited h. Arcade prohibited BUILDING HEIGHT a. Principal Building 2 stories and 25 ft. to eave max. b. Outbuilding 2 stories and 25 ft. to eave max. V.7 BUILDING PLACEMENT _ —.— 10' min. 1st Comer Lot Layer 2p' min. 5 min. 2nd & 3rd —------------------------------ � Layer —--------- — — ---- Mid-Blockli �i 20' min. i 5min.-------_ �I 191 2nd 3rd Leyer Layer Layer OUTBUILDING PLACEMENT ------------------ 10 min. 1st Comer Lot Layer j 2nd & 3rd — ---------- 5' mins — -- -1-- -- -------------', its i �-----------T--r-- i 217 min. � i Mid -Block min I I 1st 2nd 3rd Layer Layer Layer PARKING PLACEMENT 10' min. 1st Comer Lot Layer Z(y min. lid & 3rd � SM. Layer 30 %m r — — ---------- ----------— ----- — i Mid -Block ji _._ _ _ _._._._ _ _ _._ _ _._._16miin 1st 2nd 3rd Layer Layer Layer BUILDING HEIGHT Max. ------s ----s Max Height 2 2 Height 1 1 � MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.4 GENERAL URBAN TRANSECT ZONES (T4) 5.4.1 Building Disposition (T4) a. Newly platted Lots shall be dimensioned according to Diagram 5.4. b. Lot coverage by any Building shall not exceed that shown in Diagram 5.4. c. A Building shall be disposed in relation to the boundaries of its Lot according to Diagram 5.4. d. Lots facing streets on more than one side shall have designated Principal and Secondary Frontages. Unless otherwise designated by a Special Area Plan, a Principal Frontage shall be that facing the street of higher pedestrian importance or intensity (i.e., traffic volume, number of lanes, etc.). A Secondary Frontage shall be that facing the street of lesser intensity. Lots with two Frontages may consider two other Property Lines as Sides. Lots shall have at least one Principal Frontage, except waterfront Lots shall have at least two Principal Frontages, including the waterfront Setbacks, see Article 6, Section 6.10. e. 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. f. Setbacks for Principal Buildings shall be as shown in Diagram 5.4. Setbacks may otherwise be adjusted by Waiver. g. Facades shall be built parallel to a rectilinear Principal Frontage Line or parallel to the tangent of a curved Principal Frontage Line, for a minimum fifty percent (50%) of its length. h. The Rear Setback for an Outbuilding shall be a minimum of five (5) feet measured from the Property Line or as shown in Diagram 5.4. 5.4.2 Building Configuration (T4) a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and Diagram 5.4. b. Encroachments shall be allowed as follows: V.8 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 At the First Layer, Stoops may encroach up to fifty percent (50%) of the depth of the Setback. Open Porches shall be at a minimum seven (7) feet deep and a maximum height of one (1) Story, and may encroach up to fifty percent (50%) of the depth of the Setback. Cantilevered 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 Stoops may encroach up to fifty percent (50%) of the depth of the Setback or three (3) feet, whichever is less. c. Screen enclosures shall be located within the Second or Third Layer only and shall have a six (6) feet minimum side and rear Setback. d. All storage, utility and infrastructure elements, including service areas, loading docks, transformers, telephone boxes, garbage cans, dumpsters, condensers, meters, and backflow preventers shall be within the Second or Third Layer and concealed from view from any Frontage or sidewalk by liner buildings, walls, or opaque gates. Loading and service entries shall be at the Third Layer and shall be accessed from Alleys when available. e. When a Lot has only Principal Frontages, vehicular entries, loading docks and service areas 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 Diagram 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. g. A flat roof shall be enclosed by parapets of the minimum Height necessary to conceal mechanical equipment, 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 above the maximum Height for a stair enclosure or decorative purpose of up to four hundred (400) square feet shall be permitted by process of Waiver. h. Fences and walls may be located at the Frontage Line as shown in Table 6 as measured from average elevation of public right-of-way. Fences and walls shall be a maximum Height of three and a half (3.5 feet) at the First Layer. Within the Second and Third Layers, fences and walls shall be a maximum Height of six (6) feet. V.9 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.4.3 Building Function & Density (T4) a. Buildings in T4 shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Diagram 5.4. Certain functions as shown in Article 4, Table 3 shall require approval by Warrant or Exception. Consult Article 6 for any supplemental use regulations. 5.4.4 Parking Standards (T4) a. Vehicular parking shall be required as shown in Article 4, Tables 4 and 5. b. On -street parking available along the Frontage Lines that correspond to each Lot shall be counted toward the parking requirement of the Building on the Lot. c. The required parking may be provided within one-quarter mile of the site that it serves, subject to approval by Waiver. d. Parking shall be accessed by the Alley when available. e. All parking including drop-off drives and porte-cocheres, open parking areas, covered parking and garages, except for Driveways, shall be located within the Third Layer as illustrated in Article 4, Table 8. Parking Lots, garages, loading docks and service areas shall be masked from the Frontage by a Liner Building or Streetscreen as specified in Diagram 5.4. Underground parking may extend into the Second and First Layers only if it is fully underground and does not require raising the first -floor elevation of First and Second Layers above that of the sidewalk. Ramps to underground parking shall be within the Second and Third Layers. f. The driveway width of a vehicular entrance on a Frontage shall be a maximum of twelve (12) feet at the Property Line. Driveway separation at the Property Line shall be a minimum of ten (10) feet. Shared driveway width combining ingress and egress shall be a maximum of twenty (20) feet at the Property Line. g. Tandem parking on site shall be encouraged. h. Shared parking shall be calculated according to Article 4,Table 5. Within half a mile radius of a TOD, the Required Parking may be decreased by thirty percent (30%) by process of Waiver. In T4 -L and T4-0 a minimum of one (1) bicycle rack shall be provided within the Private Frontage for every twenty (20) vehicular parking spaces. 5.4.5 Architectural Standards (T4) V.10 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 a. Only permanent structures shall be allowed. Temporary structures such as mobile homes, construction trailers, travel trailers, recreational vehicles and other temporary structures shall not be allowed except as per City Code. b. The Facades on Retail Frontages shall be detailed as storefronts and glazed with clear glass no less than seventy (70%) of the sidewalk level Story. Security screens shall be seventy (70%) open. c. Roof materials should be light-colored, high -albedo or a planted surface. 5.4.6 Landscape Standards (T4) a. A minimum of ten (10%) of the Lot area in the First Layer shall be Green Space. b. In the First Layer, pavement shall be limited as follows: impervious pavement shall be limited to forty (40%) of the area and pervious pavement shall be limited to fifty (50%) of the area. c. Green Space shall be a minimum 15% of the total Lot area. 5.4.7 Sign Standards (T4) As per Article 6, Section 6.8, and this Code. 5.4.8 Ambient Standards (T4) a. Noise regulation shall be as established by the City Code. b. Average lighting levels measured at the building Frontage shall not exceed 2.0 fc (foot-candles). c. Streetlights shall be of a general type illustrated in Article 8, Table E. Lighting of Building and Open Space of First and Second Layers shall be compatible with street lighting of abutting public spaces. V.11 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 THIS PAGE LEFT INTENTIONALLY BLANK. V.12 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.4 URBAN CENTER TRANSECT ZONES (T4) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area - With rear vehicular access 5,000 s.f. min.; 20,000 s.f. max. 1,400 s.f. min.; 20,000 s.f. max. b. Lot Width - With rear vehicular access 50 ft. min. 16 ft. min. c. Lot Coverage 60%max. d. Floor Lot Ratio (FLR) NIA e. Frontage at front setback 50%min. f. Green Space Requirements 15%lot area min. g. Density 36 dulacre max. BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. or 5 ft. min. abutting a setback d. Rear 20 ft. min. OUTBUILDING SETBACK a. Principal Front 30 ft. min. b. Secondary Front 10 ft. min. c. Side 0 it or 5 ft. min. abutting a setback d. Rear 5 ft. min. BUILDING CONFIGURATION FRONTAGE a. Common Lawn permitted b. Porch & Fence permitted c. Terrace or L.C. permitted d. Forecourt permitted e. Stoop permitted I Shopfront & Awning permitted (T4 L & T4 0 only) g. Gallery prohibited h. Arcade prohibited BUILDING HEIGHT Mid-Block f------ a. Principal Building 3 stories max. b. Outbuilding 2 stories max. V.13 BUILDING PLACEMENT ill min. 1st Corner Lot �11rnin. �r 5' min. 02nd & 3rd Dyer — -- — —_ ---------- --__-----1— — — — 10' min. V20 min. Mid -Block i 6min. — — — — — — — — — — I 5'min. i _ (r min. — -- 1st 2nd 3rd Myer Layer Layer OUTBUILDING PLACEMENT 16 -min - i 1st Corner Lot Layer j 5' min. 2nnd&& 3rd 1� _ r Mid -Block — — — — — — — — — — _ 5' min. _ i 5' min. i _ 0' min. & m_.in. _! i sst tayer Layer Layer PARKING PLACEMENT BUILDING HEIGHT Max. —/ — — � Height 3 ---- Max. 2 2 i Height i 1 1 i (7 min. i1st Corner Lot 20' min. Dyer 2nd & 3rd — 3096 max 5' min. Layer — ------- ---------- T Mid-Block f------ -------- 5' niin__ i I � 20'mix min. ►�� I l7 min. + istH�N 4 4w er Layer La yer BUILDING HEIGHT Max. —/ — — � Height 3 ---- Max. 2 2 i Height i 1 1 i MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.5 URBAN CENTER TRANSECT ZONES (T5) 5.5.1 Building Disposition (T5) a. Newly platted Lots shall be dimensioned according to Diagram 5.5. b. Lot coverage by any Building shall not exceed that shown in Diagram 5.5. c. Buildings shall be disposed in relation to the boundaries of their Lots according to Diagram 5.5. d. Lots facing streets on more than one (1) side shall have designated Principal and Secondary Frontages. Unless otherwise designated by a Special Area Plan, a Principal Frontage shall be that facing the street of higher pedestrian importance or intensity (i.e., traffic volume, number of lanes, etc.). A Secondary Frontage shall be that facing the street of lesser intensity. Lots with two (2) Frontages may consider two (2) other Property Lines as Sides. Lots shall have at least one (1) Principal Frontage, except waterfront Lots shall have at least two (2) Principal Frontages, including the waterfront Setbacks, see Article 6, Section 6.10. e. Buildings shall have their principal pedestrian entrances on a Frontage Line or from a Courtyard at the Second Layer. f. 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 Diagram 5.5. In the absence of a Building along the remainder of the Frontage Line, a Streetscreen shall be built co -planar with the Fagade to conceal parking and service areas. g. 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. Vehicular entries shall occur at a minimum spacing of sixty (60) feet. h. Setbacks for Buildings shall be as shown in Diagram 5.5. Frontage Setbacks may be adjusted such as to match one or the other of the existing adjacent Setbacks by Waiver. A Rear Setback shall be a minimum of six (6) feet measured from the Property Line or as shown in Diagram 5.5. For Lots of three hundred and forty (340) feet of Frontage or more, a cross block passage (see Pedestrian Passage or Thoroughfare) shall be provided as follows: In the Frontage Line if the Lot is at any point three hundred and forty (340) feet from a Thoroughfare intersection, the Building shall provide a cross block Pedestrian Passage as a public easement. If the Frontage Line of the Lot is at any point Six Hundred and fifty (650) feet from a Thoroughfare intersection, a vehicular cross block passage shall be provided as a public easement. V.14 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.5.2 Building Configuration (T5) a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and Diagram 5.5. 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; above the first Story, cantilevered balconies, bay windows, and roofs shall be at 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 and Third Layers, no encroachments are permitted. c. Galleries and Arcades shall be a minimum fifteen (15) feet depth and may encroach up to one hundred percent (100%) of the depth of the Setback by process of a Special Area Plan. d. Screen enclosures shall be located within the Second or Third Layer only and shall have a six (6) feet minimum side and rear Setback. e. When Lots have only Principal Frontages, vehicular entries, loading docks and service areas shall be permitted on Principal Frontages only by process of Waiver. All storage, utility and infrastructure elements, including service areas, loading docks, 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 Liner Buildings, walls, or opaque gates. Loading and service entries shall be within the Third Layer and shall be accessed from Alleys when available, and otherwise from the Secondary Frontage. g. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be as shown in Diagram 5.5. The first floor elevation shall be at average sidewalk grade. A firstfloor Residential or Lodging Function should be raised a minimum of two (2) feet and a maximum of three and a half (3.5) feet above average sidewalk grade. Existing structures of less than the minimum required two Stories shall be considered conforming and may be enlarged as one (1) Story. A flat roof shall be enclosed by parapets of a minimum Height necessary to conceal mechanical equipment, and a maximum of five (5) feet. Other ornamental Building features may extend up to ten (10) 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 above the maximum Height for stair, elevator and mechanical enclosures or decorative purposes only shall be permitted by process of Waiver. V.15 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 All ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from public view. At the Building Frontage, all equipment such as backflow preventers, siamese connections, and the like shall be placed within the line of the Facade or behind the Streetscreen. On the roof, a screen wall shall conceal all equipment except antennas from lateral view. Exhaust air fans and louvers may be allowed on the Fagade only above the first floor on the Secondary Frontages. Streetscreens shall be between three and a half (3.5) and eight (8) feet in Height and constructed of a material matching the adjacent building Fagade or of masonry, wrought iron or aluminum E.S.P. The Streetscreen may be replaced by a hedge or fence by Waiver. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. Streetscreens shall be located coplanar with the Building Facade Line. Streetscreens over three (3) feet high shall be fifty percent (50%) permeable or articulated to avoid blank walls. 5.5.3 Building Function & Density (T5) a. Buildings in T5 shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Diagram 5.5. Certain Functions as shown in Article 4, Table 3 shall require approval by Warrant or Exception. Consult Article 6 for any supplemental use regulations. b. In T5 -L and T5-0, first Story Commercial uses shall be permitted. 5.5.4 Parking Standards (T5) a. Vehicular parking and loading shall be required as shown in Article 4, Tables 4 and 5. b. On -street parking available along the Frontage Lines that correspond to each Lot shall be counted toward the parking requirement of the Building on the Lot. c. The required parking may be provided within one-quarter mile of the site that it serves, subject to approval by Waiver. d. Parking shall be accessed by a two-way Alley when available, and otherwise only from the Secondary Frontage. V.16 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 e. All parking including drop-off drives and porte-cocheres, open parking areas, covered parking, garages, loading docks and service areas shall be located within the Third Layer and shall be masked from the Frontage by a Liner Building or Streetscreen as illustrated in Article 4, Table 8. Underground parking may extend into the Second and First Layers only if it is fully underground and does not require raising first -floor elevation of First and Second Layers above that of the sidewalk. Ramps to underground parking shall be only within the Second and Third Layers. Above ground, parking may extend into the Second Layer a maximum of fifty percent (50%) of the length of the Secondary Frontage. f. The vehicular entrance of a parking Lot or garage on a Frontage shall be no wider than twenty-five (25) feet and the minimum distance between vehicular entrances shall be sixty (60) feet. g. Pedestrian entrances to all parking Lots and parking structures shall be directly from a Frontage Line. Only underground parking structures may be entered by pedestrians directly from a Principal Building. h. Buildings mixing uses shall provide parking for each use. Shared parking shall be calculated according to Article 4, Table 5. Within the half mile radius of a TOD and within a quarter mile of bus transit, the required parking may be decreased by thirty percent (30%) by process of Waiver. In T5 -L and T5-0 a minimum of one bicycle rack shall be provided within the Second or Third Layer for every twenty (20) vehicular parking spaces. 5.5.5 Architectural Standards (T5) a. Only permanent structures shall be allowed. Temporary structures such as mobile homes, construction trailers, travel trailers, recreational vehicles and other temporary structures shall not be allowed except as per City Code and this Code. b. The Facades on Retail Frontages shall be detailed as storefronts and glazed with clear glass no less than seventy percent (70%) of the sidewalk -level Story. Security screens shall be seventy percent (70%) open. c. Roof materials should be light-colored, high albedo or a planted surface. d. The fagade of a parking garage that is not concealed behind a Habitable Liner shall be screened to conceal all internal elements such as plumbing pipes, fans, ducts and lighting. Ramping should be internalized wherever possible. Exposed spandrels shall be prohibited. The exposed top level of parking structures shall be covered a maximum of sixty percent (60%) with a shade producing structure such as, but not limited to, a vined pergola or retractable canvas shade structure. V.17 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.5.6 Landscape Standards (T5) a. The First Layer as shown in Table 8 shall be paved and landscaped to match and extend the enfronting Public Frontage as shown in Article 8, Table C. b. Open Space shall be a minimum of ten percent (10%) of the total Lot area. Unpaved Green Space shall be a minimum five percent (5%) of the total Lot area. 5.5.7 Sign Standards (T5) As per Article 6, Section 6.8 and this Code. 5.5.8 Ambient Standards (T5) a. Noise regulations shall be as established in the City Code. b. Average lighting levels measured at the building Frontage shall not exceed 5.0 fc (foot-candles). c. Streetlights shall be of a general type illustrated in Article 8, Table E. Lighting of building and contingent Open Spaces shall be compatible with street lighting of abutting public spaces as illustrated in Article 8. Interior garage lighting fixtures shall not be visible from streets. V.18 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.5 URBAN CENTER TRANSECT ZONE (T5) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area - With rear vehicular access 5,000 s.f. min.; 40,000 s.f. max. 1,200 s.f. min.; 40,000 s.f. max. b. Lot Width - With rear vehicular access 50 ft. min. 15 ft. min. c. Lot Coverage 80%max. d. Floor Lot Ratio (FLR) NIA e. Frontage at front setback 60%min. f. Open Space Requirements 10%lot area min. g. Density 65 dulacre max. BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. min. d. Rear 0 ft. min. e. Abutting T4 6 ft. min. Abutting T3 6 ft. min. 111 through 311 story 26 ft. min. above 31 story f. Across street from T3 Principal Front Secondary Front 10 ft. 11t through 31 story 20 ft. min. above 311 story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront & Awning permitted g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 stories b. Max. Height 5 stories c. Max. Benefit Height 1 story abutting D1 V.19 Caner Lot Mid -Black BUILDING PLACEMENT 1st2nd ad Layer Layer Layer PARKING PLACEMENT Layer 3rd Layer 1 d min. 1st Caner LotLayer 7;415 min. d min. 2nd & 3rd I i r ------- �----- ---- ----- - � — - " `----------------- -- ri �,yf Mid -Block L d min. 1st 2nd Layer Layer BUILDING HEIGHT Me He! Ma Hai Mir He! ABUTTING D1 Me He! Mir Hei 3rd byLr ABUTTING ALL ZONES EXCEPT T4 & T3 5 Ili I I 5 28' min. 4 4 3 3 2 6' min. 2 G min. 1 I! I 1 ABUTTING T4 ABUTTING T3 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.6 URBAN CORE TRANSECT ZONES (T6) 5.6.1 Building Disposition (T6) a. Newly platted Lots shall be dimensioned according to Diagram 5.6. b. Lot coverage by any Building shall not exceed that shown in Diagram 5.6. c. Buildings shall be disposed in relation to the boundaries of their Lots according to Diagram 5.6. d. Lots facing streets on more than one (1) side shall have designated Principal and Secondary frontages. Unless otherwise designated by a Special Area Plan, a Principal Frontage shall be that facing the street of higher pedestrian importance or intensity (i.e., traffic volume, number of lanes, etc.). A Secondary Frontage shall be that facing the street of lesser intensity. Lots with two (2) Frontages may consider two (2) other Property Lines as Sides. Lots shall have at least one (1) Principal Frontage, except waterfront Lots shall have at least two (2) Principal Frontages, including the waterfront setbacks, see Article 6, Section 6.10. e. Buildings shall have their principal pedestrian entrances on a Frontage Line or from a courtyard at the Second Layer. 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 Diagram 5.6. In the absence of Building along the remainder of the Frontage Line, a Streetscreen shall be built co -planar with the Fagade 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. g. 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. Vehicular entries shall occur at a minimum spacing of sixty (60) feet unless approved by Waiver. Setbacks for Buildings shall be as shown in Diagram 5.6. Frontage Setbacks may be adjusted to conform to the existing adjacent Frontage Setbacks by Waiver. Frontage Setbacks above the eighth floor for Lots having one (1) dimension less than one hundred (100) feet may be a minimum of zero (0) feet by Waiver. At property lines abutting a lower Transect Zone the Setbacks shall reflect the transition as shown in Diagram 5.6. For a Frontage facing a Civic Space, or facing a Thoroughfare one hundred (100 feet) or greater in width, the Frontage Setback above the eighth story shall not be required. V.20 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 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 Lots having one dimension less than one hundred (100) feet, side and rear Setbacks may be reduced by a minimum of twenty (20) feet by Waiver. For Lots 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 Lot 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 as a public easement. If the Frontage Line of a Lot is at any point six hundred and fifty (650) feet from a Thoroughfare intersection, a vehicular cross -block passage shall be provided as a public easement. Such a cross -block Pedestrian Passage may be covered above the first floor by a maximum of 25% of its length with structures connecting Buildings, such as a terrace, pedestrian bridge or vehicular bridge. In T6-48 a Pedestrian Passage may be roofed and shall be lined with frequent doors and windows. 5.6.2 Building Configuration (T6) a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and Diagram 5.6. b. Above the eighth floor, the Building Floorplate dimensions shall be limited as follows: • 15,000 square feet maximum for residential uses in T6-8, T6-12 and T6-24 • 18,000 square feet maximum for residential uses in T6-36 and T6-48 • 30,000 square feet maximum for commercial uses • 180 feet maximum length for residential uses • 200 feet maximum length for commercial uses c. 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. Above the first Story, cantilevered balconies, bay windows, and roofs shall be at a maximum three (3) feet deep and may encroach up to a three (3) feet of the depth of the Setback. Other cantilevered portions of the Building shall maintain the required Setback. At the Second Layer no encroachments are permitted. d. Galleries and Arcades shall be minimum fifteen (15) feet deep, shall encroach one hundred percent (100%) of the depth of the Setback and shall overlap the whole width of the Sidewalk to within two (2) feet of the curb. Permitted by process of a Special Area Plan. V.21 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 e. All storage, utility and infrastructure elements including service areas, loading docks, transformers, telephone boxes, garbage cans, dumpsters, condensers, meters, backflow preventers, siamese connections and the likes shall be located within the Second or Third Layer and concealed from view from any Frontage or Sidewalk by Liner Buildings, walls, and opaque gates. Loading and service entries shall be within the Third Layer and shall be accessed from Alleys when available, and otherwise from the Secondary Frontage. f. Loading docks and service areas shall be internal to the building. Where Lots have only Principal Frontages, vehicular entries, loading docks and service areas shall be permitted on Principal Frontages by Waiver. g. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be allocated as required in Diagram 5.6. First -floor elevation shall be at average Sidewalk grade. A first level Residential Function or Lodging Function should be raised a minimum of two (2) feet and a maximum of three and a half (3.5) feet above average Sidewalk grade. A flat roof shall be enclosed by parapets of a minimum Height necessary to conceal mechanical equipment, and a maximum of ten (10) feet. Other ornamental Building features may extend up to ten (10) feet for T6-8 and T6-12 and an additional ten percent (10%) for T6-24 above the maximum Building Height. There shall be no limitation for decorative elements for T6-36 and T6-48. Roof decks shall be permitted up to the maximum Height. Trellises may extend above the maximum Height up to fourteen (14) feet. Extensions above the maximum Height for stair, elevator and mechanical enclosures or decorative purposes only shall be permitted by process of Waiver. All ground floor and roof top utility infrastructure and mechanical equipment shall be concealed from public view. At the building Frontage, all equipment such as backflow preventers, siamese connections, and the like shall be placed within the line of the Facade or behind the Streetscreen. On the roof a screen wall shall conceal all equipment except antennas from lateral view. Exhaust air fans and louvers may be allowed on the Fagade only above the first floor on the Secondary Frontages. Streetscreens shall be between three and a half (3.5) and eight (8) feet in Height. 5.6.3 Building Function & Density (T6) a. Buildings in T6 shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Diagram 5.6. Functions that do not conform to the requirements of Article 4, Table 3 shall require approval by Warrant or Exception. Consult Article 6 for any supplemental regulations. b. The calculation of the FLR shall not apply to that portion of the building that is entirely below base flood elevation. V.22 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 c. In T6 -L and T6-0, first Story commercial uses shall be permitted. 5.6.4 Parking Standards (T6) a. Vehicular parking and loading shall be required as shown in Article 4, Tables 4 and 5. b. On -street parking available along the Frontage Lines that correspond to each Lot shall be counted toward the parking requirement of the Building on the Lot. c. The required parking may be provided within one-quarter mile of the site that it serves, subject to approval by Waiver. d. Parking shall be accessed by a two-way Alley when available, and otherwise only from the Secondary Frontage. e. All parking, including drop-off drives and porte-cocheres, open parking areas, covered parking, garages, loading docks and service areas shall be located within the Third Layer and shall be masked from the Frontage by a Liner Building or Streetscreen as illustrated in Article 4, Table 8. Underground parking may extend into the Second and First Layers only if it is fully underground and does not require raising the first -floor elevation of the First and Second Layers above that of the sidewalk. Ramps to underground parking shall be within the Second or Third Layers. Above ground parking may extend into the Second Layer by a maximum of fifty (50%) of the length of the Secondary Frontage. f. The vehicular entrance of a parking Lot or garage on a Frontage shall be no wider than thirty (30) feet and the minimum distance between vehicular entrances shall be sixty (60) feet unless approved by Waiver. g. Pedestrian entrances to all parking Lots and parking structures shall be directly from a Frontage Line. Only underground parking structures may be entered by pedestrians directly from a Principal Building. h. Buildings mixing uses shall provide parking for each use. Shared parking shall be calculated according to Article 8, Table 5. Within the half -mile radius of a TOD and within a quarter mile of bus transit, the required parking may be decreased by thirty percent (30%) by process of Waiver. In T6-48, parking for residential uses located within six hundred (600) feet of a Metrorail or Metromover station shall not be required. A minimum of one bicycle rack shall be provided within the Second or Third Layer for every 20 vehicular parking spaces. V.23 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.6.5 Architectural Standards (T6) a. Only permanent structures shall be allowed. Temporary structures such as mobile homes, construction trailers, travel trailers, recreational vehicles and other temporary structures shall not be allowed except as per City Code and this Code. b. The Facades on Retail Frontages shall be detailed as storefronts and glazed with clear glass no less than seventy percent (70%) of the sidewalk -level Story. Security screens shall be seventy percent (70%) open. c. Roof materials should be light-colored, high albedo or a planted surface. d. The Fagade of a parking garage that is not concealed behind a Habitable Liner shall be screened to conceal all internal elements such as plumbing pipes, fans, ducts and lighting. Ramping should be internalized wherever possible. Exposed spandrels shall be prohibited. The exposed top level of parking structures shall be covered a maximum of sixty percent (60) percent with a shade producing structure such as, but not limited to, a vined pergola or retractable canvas shade structure. 5.6.6 Landscape Standards (T6) a. The First Layer as shown in Article 4, Table 8 shall be paved and landscaped to match the Public Frontage as shown in Article 8. b. Open Space shall be a minimum ten percent (10%) of the total Lot area. Ten percent (10%) of the Open Space provided in Second or Third Layer shall be landscaped. 5.6.7 Sign Standards (T6) As per Article 8, Section 6.8 and this Code. 5.6.8 Ambient Standards (T6) a. Noise regulations shall be as established in the City Code. b. Average lighting levels measured at the Building Frontage shall not exceed 20 fc (foot-candles). c. Streetlights shall be of a type illustrated in Article 8, Table E. Lighting of building and contingent Open Spaces shall be compatible with street lighting of abutting public spaces as illustrated in Article 8. Interior garage lighting fixtures shall not be visible from streets. V.24 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.6 URBAN CORE TRANSECT ZONES (Ti BUILDING DISPOSITION BUILDING PLACEMENT PARKING PLACEMENT LOT OCCUPATION a. Lot Area 5,000 s.f. min.; 40,000 s.f. max. b. Lot Width 50 ft. min. c. Lot Coverage 0 ft. min.; 30 ft. min. above 811 story -1-8 stories 80%max. - Above V'story 15,000 sq. ft. max. floor plate for Residential & Lodging 30,000 sq. ft. max. floor plate for Office & Commercial d. Floor Lot Ratio (FLR) 5I 25% additional Public Benefit e. Frontage at front setback 71 f. Open Space Requirements 10%lot area min. g. Density 150 du/acre max. BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. min.; 30 ft. min. above 811 story d. Rear 0 ft. min.; 30 ft. min. above 8" story e. Abutting T5 0 ft. min. 11 through 51" story f. Shopfront & Awning 10 ft. min. 6" through 8" story g. Gallery 30 ft. min. above 8" story Abutting T4 6 ft. min. V through 511 story 26 ft. min. above 5" story Abutting T3 6 ft. min. 11 through 31 story 26 ft. min. 4c1 through 5t1 story 46 ft. min. above 51" story f. Across street from T3 Principal Front 10 ft. 1" through 3rtl story Secondary Front 20 ft. min. above 31 story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront & Awning pen-nitted g. Gallery pen-nitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 stories b. Max. Height 8 stories c. Max. Benefit Height 4 stories abutting all zones except T3 ' Or as modified in Diagram 9 _____. 20 mr. 10 An. j i i I i 10 ril. 0 min. i 20 min. I � 30 min. i i 30 min. let 21d 3rd layer layer Layer BUILDING HEIGHT I I ABLI'MNG ALL ZONES EXCEPT T5,74 & T3 12 11 I i 10 Ian I i I 6 I II i 7 7 29 min. I i I 6 5 4 F 3 I 2 fi mh AOMNGT4 V.25 Layer 3n1 Layer I Later ,,, mex 2nd&3rd Layer let 21d 3d lays layer Layer ABURIr1G ALL ZONES DMFrrT4 & T3 ABURING T3 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 THIS PAGE LEFT INTENTIONALLY BLANK. V.26 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.6 URBAN CORE TRANSECT ZONES (T6-12) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min.; 40,000 s.f. max. b. Lot Width 50 ft. min. c. Lot Coverage 0 ft. min.; 30 ft. min. above i story -1-8 stories 80%max. - Above 81" story 15,000 sq. ft. max. floor plate for Residential & Lodging 30,000 sq. ft. max. floor plate for Of- fice & Commercial d. Floor Lot Ratio (FLR) 8130%additional Public Benefit e. Frontage at front setback 70%min. f. Open Space Requirements 10%lot area min. g. Density 150 dulacre max. " BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. min.; 30 ft. min. above i story d. Rear 0 ft. min.; 30 fL min. above e6' story e. Abutting T5 0 ft. min.; f. Shopfront & Awning 10 ft. min. 6" through 8'" story g. Gallery 30 ft. min. above 8" story Abutting T4 6 ft. min. 11' through 51" story 26 ft. min. 6'" through 81" story 30 ft. min. above 81 story Abutting T3 6 ft. min 1' through 3" story 26 ft. min. 4" through 5" story 46 ft. min. above 51" story I Across street from T3 or T4 Principal Front 10 ft. 1" through 3' story Secondary Front 20 ft. min. above 311 story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L. C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront & Awning permitted g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 stories b. Max. Height 12 stories c. Max. Benefit Height 8 stories abutting all zones except T3 " Or as modified in Diagram 9 BUILDING PLACEMENT PARKING PLACEMENT 1st 2nd 3N Layer Layer layer BUILDING HEIGHT MML ne --------- --- ------------i —r----�_--- -- L- Flepi[i 12 it —r------- ----- ------ i_ i g i i i M. tI z i MUTHWALLZONM EXEPTT6 T48T3 20 r ------------i j 12 g Sly min. i !B 1?7 29'min. B 15 14 3 i 2 @min. g 8 5 4 3 amh. 1 ABUrnNGT4 V.27 tat �tl 3N layer Layer layer ABUrnNG T9 3N MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 THIS PAGE LEFT INTENTIONALLY BLANK. V.28 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.6 URBAN CORE TRANSECT ZONES (T6-24) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min.; 100,000 s.f. max. b. Lot Width 50 ft. min. c. Lot Coverage 0 ft. min.; 30 ft. min. above 8" story -1-8 stories 80%max. - Above 81" story 15,000 sq. ft. max. floor plate for Resi- dential & Lodging 30,000 sq. ft. max. floor plate for Office & Commercial d. Floor Lot Ratio (FLR) 6130%additional Public Benefit e. Frontage at front setback 70%min. f. Open Space Requirements 10%lot area min. g. Density 150 dulacre max. BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. min.; 30 ft. min. above 8" story d. Rear 0 ft. min.; 30 ft. min. above 81" story e. Abutting T5 0 ft. min. 11 through 5" story f. Shopfront & Awning 10 ft. min. U" through V" story g. Gallery 30 ft. min. above 8" story Abutting T4 6 ft. min. 1' through 5' story 26 ft. min. 61" through 8'" story 30 ft. min. above 81" story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront & Awning permitted g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 stories b. Max. Height 24 stories c. Max. Benefit Height 24 stories abutting all zones except T3 BUILDING PLACEMENT PARKING PLACEMENT H_ I 1st 2nd 3rd Lam L%W UW BUILDING HEIGHT e d83rd W ABUMNGALLZONESEXCEPTT5, W3 X mn. * Or as modified in Diagram 9 1 ABUTTING T4 V.29 1st 2d 3rd Lem L%N LW B 30 min i i3 7 T min. f 16 II I 5 l4 3 2 Cmki. 1. ABUTTING ALLZONES EXCEPT T4&73 lot Lam 2d 8 3rd Law MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 THIS PAGE LEFT INTENTIONALLY BLANK. V.30 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.6 URBAN CORE TRANSECT ZONES (T6-36) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min. b. Lot Width 100 ft. min. c. Lot Coverage 0 ft. min.; 30 ft. min. above &'story -1-8 stories 80%max. - Above 81" story 18,000 sq. ft. max. floor plate for Residential & Lodging 30,000 sq. ft. max. floor plate for Office & Commercial d. Floor Lot Ratio (FLR) 12 T6 -36a or 22 T6 -36b 40%additional Public Benefit e. Frontage at front setback 70%min. f. Open Space Requirements 10%lot area min. g. Density 150 dulacre max. BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. min.; 30 ft. min. above &'story d. Rear 0 ft. min.; 30 ft. min. above 86'story e. Abutting T5 0 ft. min. 111 through 51" story f. Shopfront & Awning 10 ft. min. b6' through 8'h story g. Gallery 30 ft. min. above 81" story Abutting T4 6 ft. min. 11' through 511 story 26 ft. min. 6'" through 81" story 30 ft. min. above 8" story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront & Awning permitted g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 stories b. Max. Height 36 stories c. Max. Benefit Height 24 stories abutting all zones except T3 " Or as modified in Diagram 9 BUILDING PLACEMENT PARKING PLACEMENT 161 as 2M LaW Layff LOW BUILDING HEIGHT tst taper Wr3rd r ist au so Layar LaW Lam AWMNG ALL ZONESa CEFT T5, T4 &T3 AEUn1NG T4 V.31 ABMWSPLL ZONES EXEPTT4 &TS 1st UW zd&3rd Law MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 THIS PAGE LEFT INTENTIONALLY BLANK. V.32 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.7 URBAN CORE TRANSECT ZONES (T6-48) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min. b. Lot Width 100 ft. min. c. Lot Coverage 0 ft. min.; 30 ft. min. above 8f'story -1-8 stories 80%max. - Above 8r' story 18,000 sq. ft. max. floorplate for Residential & Lodging 30,000 sq. ft. max. floorplate for Office & Commercial d. Floor Lot Ratio (FLR) 30 e. Frontage at front setback 70%min. f. Open Space Requirements 10%lot area min. g. Density 150 dulacre max. " BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. min.; 30 ft. min. above 8f'story d. Rear 0 ft. min.; 30 ft. min. above 8r'story e. Abutting T5 0 ft. min. 111 through 51" story 10 ft. min. 6" through 81" story 30 ft. min. above 8" story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop permitted I Shopfront & Awning permitted g. Gallery perrnitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 stories b. Max. Height 48 stories c. Max. Benefit Height unlimited stories abutting all zones except T3 " Or as modified in Diagram 9 BUILDING PLACEMENT 'H. ►. lot 3rd 3rd Layer UW layer BUILDING HEIGHT Id AW nd&3M syer ABOmNO ALLZONES EXCEPr T5, R P T3 ABUmNO U V.33 PARKING PLACEMENT 1st 2nd 3M Layer Layer Layer 9 3cmin. 6 7 1Pmir. 6 5 4 13 I z (Y An. I 1 ABLrMNG ALL ZONES MFrT4 &T3 1st LOW 2nd &3rd Lam MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 THIS PAGE LEFT INTENTIONALLY BLANK. V.34 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.7 CIVIC SPACES (CS) AND CIVIC INSTITUTIONS (CI) Civic Spaces and Civic Institutions are zones designated for public, philanthropic, educational, and other Institutional uses. 5.7.1 Civic Space Zone (CS) A Civic Space (CS) Zone is a zone for public Civic Spaces 5.7.1.1 A Civic Space should have a minimum of fifty percent (50%) of its perimeter enfronting a Thoroughfare, or otherwise permitted by process of Exception. Civic Spaces shall be entered directly from a Thoroughfare. 5.7.1.2 Civic Spaces shall conform to and be developed consistent with the standards in Article 4, Tables 3, 4, and 7. 5.7.1.3 One or more Buildings may be built in each Civic Space. Building floor area shall not exceed twenty-five percent (25%) of the lot area of the Civic Space, and shall support the principal use of the Civic Space. Recreational Buildings that exceed the twenty-five percent (25%) shall be subject to approval by Exception and review by the Parks and Recreation Advisory Board. 5.7.1.4 In Civic Spaces, Buildings shall conform to regulations of the most restrictive abutting Transect Zone, except as modified by City of Miami's Parks and Public Spaces Master Plan. 5.7.2 Civic Institution Zone (CI) The Civic Institution Zone is reserved for sites and Buildings primarily dedicated to functions of culture, education, government, public transit and public parking. 5.7.2.1 A Civic Institution shall have a minimum of one (1) Frontage enfronting a Thoroughfare and should have its primary entrance from a Thoroughfare. 5.7.2.2 Civic Institutions shall conform to be developed consistent with the standards in Article 4, Tables 3 and 4. 5.7.2.3 A Civic Institution may be comprised of one (1) or more Buildings. Civic Institution Buildings and Parking shall conform to regulations of the most restrictive abutting Transect Zone. A Civic Institution may be permitted, by process of Exception, according to the regulations of the next highest Transect Zone that it abuts, while maintaining the Civic Institution use. The expansion of any existing Civic Institution use by more than twenty percent (20%) may be permitted by only by Exception. V.35 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.7.2.4 Parking for Civic Institutions may be adjusted by Waiver. 5.7.2.5. In the event that a Civic Institution Zone property ceases to be used for Civic Institution uses, it may only be developed in accordance with the regulations of the least intense abutting Transect Zone. V.36 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.8 DISTRICT ZONES (D1 and D2) 5.8.1 Building Disposition (D) a. Newly platted Lots shall be dimensioned according to Diagram 5.8. b. Lot coverage by Building shall not exceed that shown in Diagram 5.8. c. A Building shall be disposed in relation to the boundaries of its Lot according to Diagram 5.8. d. Lots facing streets on more than one side shall have designated Principal and Secondary Frontages. Unless otherwise designated by a Special Area Plan, a Principal Frontage shall be that facing the street of higher intensity (i.e., traffic volume, number of lanes, etc.). A Secondary Frontage shall be that facing the street of lesser intensity. Lots with two (2) Frontages may consider two (2) other Property Lines as Sides. Lots shall have at least one (1) Principal Frontage. e. One or more Buildings may be built on each Lot as shown in Diagram 5.8. Setbacks for Buildings shall be as shown in Article 4, Table 2 and Diagram 5.8. g. A rear Setback shall be a minimum of six (6) feet measured from the Property Line or as shown in Diagram 5.8. 5.8.2 Building Configuration (D) a. Development within Private Frontages shall comply with Tables 2 and 6 and Diagram 5.8. b. Encroachments shall be as follows: At the First Layer, cantilevered awnings and entry canopies may encroach up to 100% of the depth of the Setback; cantilevered 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. c. Galleries and Arcades shall be a minimum 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. V.37 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 d. All storage, utility and infrastructure elements including service areas, loading docks, 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. e. Vehicular entries, loading docks 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 Diagram 5.8. Industrial uses requiring additional Height in D2 may be permitted by Waiver, subject to the Planning Director's agreement that the applicant has demonstrated that the use specifically requires the proposed Height. g. Flat roofs shall be enclosed by parapets of a minimum Height required to conceal mechanical equipment, and a maximum of three and a half (3.5) feet. Other ornamental Building features may extend up to three and a half (3.5) 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 above the maximum Height for stair, elevator and mechanical enclosures or decorative purposes only shall be permitted by process of Waiver. h. Streetscreens shall be between three and a half (3.5) and eight (8) feet in Height. The Streetscreen may be replaced by a hedge or fence by Waiver. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. 5.8.3 Building Function & Density (D) a. Buildings in Districts shall conform to the Functions, Densities, and Intensities described in Article 4, Tables 3 and 4 and Diagram 5.8 and Section 6.6. 5.8.4 Parking Standards (D) a. Vehicular parking shall be required as shown in Article 4, Tables 4 and 5. b. On -street parking available along the Frontage Lines that correspond to each Lot shall be counted toward the parking requirement of the Building on the Lot. c. The required parking may be provided within one-quarter mile of the site that it serves, subject to approval by Exception. V.38 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 d. All parking, including open parking areas, covered parking, garages, loading docks and service areas shall be masked from the Frontage by a Streetscreen as illustrated in Table 8. Underground parking may extend into the Second and First Layers only if it is fully underground and does not require raising the first -floor elevation of the First and Second Layers above that of the Sidewalk. e. Buildings mixing uses shall provide parking required for each use. Shared parking shall be calculated according to Article 4, Table 5. f. Within the half -mile radius of a TOD and within a quarter mile of bus transit, the required parking may be decreased by thirty percent (30%) by Waiver. g. A minimum of one bicycle rack place shall be provided within the Second or Third Layer for every twenty (20)vehicular parking spaces. 5.8.5 Architectural Standards (D) a. Temporary structures shall be permitted only as per City Code. b. Roof materials may be light-colored, high albedo or a planted surface. 5.8.6 Landscape Standards (D) a. The First Layer as shown in Article 4, Table 6 shall be paved and landscaped to match the Public Frontage as shown in Article 8, Table C. b. Unpaved green space shall be a minimum five percent (5%) of the total Lot area. 5.8.7 Sign Standards (D) As per Section 6.8 5.8.8 Ambient Standards (D) a. Noise regulations shall be as established in the City Code. b. Average lighting levels measured at the Building Frontage shall not exceed 1.0 fc (foot-candles). c. Streetlights shall be of a general type illustrated in Article 8, Table E. Lighting of Building and abutting Open Spaces shall be compatible with street lighting of abutting public spaces as illustrated in Article 8. Interior garage lighting fixtures shall not be visible from streets. V.39 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 THIS PAGE LEFT INTENTIONALLY BLANK. V.40 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.8 DISTRICT ZONES - WORK -PLACE (D1) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min. b. Lot Width 50 ft. min. c. Lot Coverage 80%max d. Floor Lot Ratio (FLR) N/A e. Frontage at front setback 0%min. I Open Space Requirements 5% lot area min. g. Density 9 dulacres max. BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. min. d. Rear 0 ft. min. e. Abutting T5 0 ft. min. 11' through 51" story 10 ft. min. above 5" story 30 ft. min. above 6" story Abutting T4 6 ft. min. V through 3'" story 26 ft. min. above 31 story Abutting T3 6 ft. min. V through 3r' story 26 ft. min. above 3'" story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.C. permitted d. Forecourt permitted e. Stoop permitted I Shopfront & Awning permitted g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height None b. Max. Height 8 stories c. Max. Benefit Height 2 stories abutting all zones except T3 Comer Lo MICI-Mork Comer Lo Mi 1310ok Max Hept Max Hej9t Min. Heli BUILDING PLACEMENT 181 2nd 3rd layer layer layer PARKING PLACEMENT ►�► i 1st 2nd 3rd layer layer layer BUILDING HEIGHT 181 Law 2nd & 3rd Layer 1 2nd & 3rd Layer V.41 ABLm1NGALLZ0NESEiMFFT5,T4&T3 ABLT11NGALL ZONES E%CEFTT4&TS i 10 1 9 g 7 i 6 26' min 5 4 1 3 � 2 8' min. 1. i 1 i ABMNG T4 ABUTTING TS MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 THIS PAGE LEFT INTENTIONALLY BLANK. V.42 MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES PUBLIC HEARING -FIRST READING 2007-06 5.8 DISTRICT ZONES - INDUSTRIAL (D2) BUILDING DISPOSITION BUILDING PLACEMENT LOT OCCUPATION a. Lot Area 5,000 s.f min. se_cmdaryFrom_ _ _ _ _ _._._._._._._ _ tet b. Lot Width 50 ft. min. la min. Layer c. Lot Coverage 90%max. Comer Lot M lamn. min. A Lfi�3� d. Floor Lot Ratio (FLR) N/A — -T--- - _- _ - : 'f i e. Frontage at front setback None L ainin. Mid -Block _ Ei f. Open Space Requirements 5%lot area min. i Density g' � None BUILDING SETBACK H�►� t 1st and 3rd layer layer layer a. Principal Front 10 ft. min. b. Secondary Front 5 ft. min. PARKING PLACEMENT c. Side 0 ft. min. d. Rear 0 ft. min. ront_._._._._. 1st – – – – --- , larrin. L� ctd e. Abutting T5 0 ft. min. 15' through 5th story Comer Lol� 2a min, 0' min. 10 ft. min. above 51h story = _--------; 2n&3rd 30 ft. min. above 6th story ____-T- - -``----------------------- Layer Abutting T4 6 ft. min. 11 through 31 story – Amin. Mid -Block �I 26 ft. min. above 31 story Ali �i Abutting T3 6 ft. min. 1' through 3' story a .– 26 ft. min. above 3r' story •4 0-4 rH rr. let 2d 3rd layer layer layer BUILDING CONFIGURATION BUILDING HEIGHT FRONTAGE a. Common Lawn prohibited MBK Heigh B B b. Porch & Fence prohibited 7 73a min. c. Terrace or L.C. permitted 6 6 is min d. Forecourt permitted 5 5 e. Stoop permitted 4 T 4 E Shopfront & Awning permitted 2 a min. 1. 2 a min. g. Gallery permitted by Special Area Plan Min. 1 1 h. Arcade permitted by Special Area Plan ABUTnNGALL ZONES EXCEPT Tb, T4&T3 AWMNG ALL ZONES SUPT T4 & T3 BUILDING HEIGHT a. Min. Height None B i i I I B i i I I b. Max. Height 8 stories max. 7 6 26 min. 6 26 min. c. Max. Benefit Height N/A 4 i I 4 i I 3 3 1 2 6 min. 2 6 min. 1 1 i I I t i I ABUTTING T4 ABUTTING T3 V.43 THIS PAGE LEFT INTENTIONALLY BLANK. MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.1 INTENT AND EXCLUSIONS The supplemental regulations of this article apply to the specific uses listed below within the broader use categories identified in Article 5, Table 3, and supplement other standards listed elsewhere in this Code. No permit or certificate of use may be granted for any use, unless the use complies with the requirements of these supplemental regulations and any other applicable standards of the Miami 21 Code. Specifically excluded from all Transect Zones in the City are stockyards, slaughterhouses, wrecking yards, rag shops, cement plants, paper factories, ammunition plants, fireworks manufacturing, house -barges, refining, smelting, forging, and unattended donation collection bins. 6.2 RESIDENTIAL USES 6.2.1.1 Dwelling Units - Minimum Size Unit Type Minimum size* Efficiency unit 400 sf One bedroom unit 550 sf Two bedroom unit or greater 650 sf * Minimum size standards do not apply to federally subsidized housing 6.2.1.2 Ancillary Unit Supplemental regulations: • Maximum square footage of ancillary unit shall be five hundred (500) square feet excluding garage. • Ancillary units shall only be used as Single -Family Residence Dwelling. • Ancillary units may only be rented if the principal dwelling owner is in residence on site. • One parking space shall be provided on-site for the ancillary unit in compliance with applicable Transect Zone requirements. • The structure containing an ancillary unit must be architecturally harmonious to the Principal Building. • Any Fagade abutting another property shall provide only clerestory windows along that corresponding Fagade. 6.2.2. Boats / Boat Houses / House Barges / Boat Slips / Docks / Wharves • Occupancy of private pleasure craft and houseboats / house barges / shall not be allowed except for those specifically grandfathered and regulated by Ordinance No. 10932, adopted October 24, 1991. V1.1 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.2.2.1 Boathouses and Boat slips in R (restricted) designation • Maximum size: 20 feet wide, 40 feet long, 15 feet high. • Maximum coverage of waterfront yard: 35% - Coverage counts toward aggregate. 6.2.2.2 Location of Docks and Piers in R (restricted) designation Only private pleasure craft may be docked or moored in R (restricted) designation or on property adjacent to R restricted designations. Docks, piers and all appurtenances Setbacks: Ten (10) feet from any abutting property. Vessel setbacks: Five (5) feet from any abutting property. 6.2.2.3 Location of Docks and Piers generally Docks or piers into Biscayne Bay are limited to: Thirty Five (35) feet. Docks or piers into inland waterways are limited to: Ten (10) feet or Ten Percent (10%) of waterway width, whichever is less. Prohibited uses or appurtenances: Davits in excess of three (3) ton capacity, commercial vessels, commercial boat ramps, commercial hauling and fueling. 6.2.2.4 Further Expansion of Docks and Piers T3&T4 T5,CS&CI Extension of docks into not allowed by Exception Biscayne Bay Maximum 600 feet Extension of docks into not allowed by Exception other waterways Up to 10% of waterfront width subject to approval by all applicable agencies V1.2 T6, D1 & D2 by Waiver Maximum 600 feet by Waiver Up to 10% of waterfront width subject to approval by all applicable agencies MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.2.3 Community Residences and similar homes/facilities The purpose of a Community Residence is to integrate its residents into the community; over concentration of such facilities within a Neighborhood causes the area to lose its character, thereby defeating the purpose of locating Community Residences in the Neighborhood. A zoning verification shall be required in order to confirm State established distance requirements outlined in this section. All such facilities shall be required to provide a signed and sealed survey to the Office of Zoning which demonstrates that the distance limitations required below pursuant to state statutes are met. Failure to comply with this requirement will deem the facility in non-compliance with state and city regulations. To the extent applicable by state law, location of a facility may be denied if it results in an over concentration of Community Residences in proximity to the site selected such that the nature and character of the Neighborhood would be substantially altered. Any facility exceeding the thresholds outlined in this section shall refer to the requirements of Community Support Facility. 6.2.3.1. Community Residences Standards - 1 to 6 residents Location T3-R,L&0IT4-R,L&0IT5-R,L&0J T6-R,L&O Location Community Residences of 6 or fewer residents shall not be located within a radius of 1,000 ft of Standards another. Distance shall be measured from nearest point of property line of proposed Community Residence to nearest point of property line of existing Community Residence within a T3 -R or T3 -L property. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family residence dwelling and a noncommercial use, for the purpose of this Code. Homes of six or fewer residents that otherwise meet the definition of a community residential home shall be allowed in T3, T4, T5 or T6, , provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents. Such homes with six or fewer residents shall not be required to comply with the notification provisions of this section; provided that, prior to licensure, the sponsoring agency provides the Office of Zoning with the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of the City in order to show that no other community residential home is within a radius of 1,000 feet of the proposed home with six or fewer residents. At the time of home occupancy, the sponsoring agency must notify the City of Miami Office of Zoning that the home is licensed by the licensing entity. ,Parking As required by Transect and, in addition, one parking space per employee V1.3 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 Location Location Standards 1115arking 7 to 14 residents T3-0 I T4 -R, L&O I T5 -R, L&O I T6 -R, L&O Prohibited in all T3 - R and L and within 500 ft thereof. Community Residences servicing 7 to 14 residents shall not be located within a radius of 1,200 ft of another. Distance shall be measured from nearest point of property line of proposed Community Residence to nearest point of property line of existing Community Residence or T3 -R or T3 -L. When a site for a community residential home (7-14) or similar assisted living facility has been selected by a sponsoring agency in an area that allows multifamily, the agency shall notify the Planning Director in writing and include in such notice the specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program. Such notice shall also contain a statement from the licensing entity indicating the licensing status of the proposed assisted living facility or community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home. The sponsoring agency shall also provide to the City the most recently published data compiled from the licensing entities that identifies all assisted living facilities, adult family -care homes, or community residential homes within the jurisdictional limits of the City. The Office of Zoning shall review the notification of the sponsoring agency in accordance with Transect regulations. • Pursuant to such review by the Planning Department, the City may: 1. Determine that the siting of the assisted living facility or community residential home is in accordance with this Code and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected. 2. Fail to respond within 60 days. If the City fails to respond within such time, the sponsoring agency may establish the home at the site selected. 3. Deny the siting of the home. • The City shall not deny the siting of an assisted living facility or community residential home unless the City establishes that the siting of the home at the site selected: 1. Does not otherwise conform to regulations of this Code applicable to other multifamily uses in the area. 2. Does not meet applicable licensing criteria established and determined by the licensing entity, including requirements that the home be located to assure the safe care and supervision of all clients in the home. 3. Would result in such a concentration of community residential homes, assisted living facilities, and adult family -care in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. A home that is located within a radius of 1,200 feet of another existing community residential home in a multifamily zone shall be an over concentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of 500 feet of a property designated T3R or T3L substantially alters the nature and character of the area. 4. All distance requirements in this section shall be measured from the nearest point of the existing home or property designated T3 -R or T3 -L to the nearest point of the proposed home. If agreed to by both the City and the sponsoring agency, a conflict may be resolved through informal mediation. The City shall arrange for the services of an independent mediator or may utilize the dispute resolution process established by a regional planning council pursuant to Fla. Stat. s. 186.509. Mediation shall be concluded within 45 days of a request therefore. The resolution of any issue through the mediation process shall not alter any person's right to a judicial determination of any issue if that person is entitled to such a determination under statutory or common law. As required by Transect and, in addition, one parking space per employee. V1.4 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.2.3.2. Adult Family -Care Homes Standards 1 to 5 residents Location T3-R,L&OIT4-R,L&OIT5-R,L&OI T6-R,L&O Location Adult Family -Care Homes of 5 or fewer residents shall not be located within a radius of 1,000 ft of Standards another. Distance shall be measured from nearest point of property line of proposed Community Residence to nearest point of property line of existing Community Residence. Parking 1 space / employee and 1 space for every 4 residents V1.5 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.2.4 Home Office / Live - Work / Work - Live Designation Location Size Maximum Occupations Clients Maximum Employees Maximum Parking Residential Off-street Parking Other Off-street Hours of Operation Home Office Live -Work T3-R,L&0IT4-R,L&0I T4-L&O IT5-L&O IT6- T5-R,L&OIT6-R,L&O L&OID1 Wholly within dwelling unit Permitted occupation of 25% of the unit based on county property records dwelling unit size Individual tutoring; non - amplified individual instrument instruction; authors and composers; artists; designers; seamstresses; tailors; office uses, excluding medical and dental offices. 1 client at a time 2 total, one of which must reside on premises As required by Transect Zone None Monday through Saturday 8:00 am to 6:00 pm Ground floor and liner units Permitted occupation not to exceed 50% of the unit based on county property records dwelling unit size As allowed by Transect Zone Work -Live D1 Ground floor and liner units Permitted occupation greater than 50% of the unit based on county property records dwelling unit size As allowed by Transect Zone As required by Transect Zone As required by Transect Zone As required by use type As required by use type Nuisances No equipment or process shall be used which creates undue noise, vibration, glare, fumes, or odors detectable to the normal senses off the property. Other These uses are required to obtain a Certificate of Use. 6.2.5 LODGING 6.2.5.1 Bed & Breakfast Allowed in T4 -R subject to Chapter 23 of the City Code. V1.6 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.3 COMMERCIAL USES General to Commercial: a six-foot (6) solid masonry wall shall be provided along all property lines which abut T3, T4 -R, T5 -R and T6 -R, except along Primary Frontages. 6.3.1 Auto Related 6.3.1.1 Carwash Self -Service Semiautomatic Automatic dragline Custom hand wash a First 3 stalls: First stall: First stall: 1 space before each 3 spaces before each 3 spaces before each 3 spaces before each wash line and 1 space wash stall and 2 spaces wash line and 3 spaces wash line and 3 spaces after the end after after after Beyond 3 stalls: Second stall and beyond: Second stall and beyond: Also, 5 additional parking 1 space before each 3 spaces before each 3 spaces before each spaces wash stall and 2 after. wash stall and 3 after. wash stall and 3 after. 6.3.1.2 Service Stations Minimum Lot Size 15,000 sf Minimum Street 150 ft Frontage Minimum Lot Depth 100 ft 6.3.1.2 (a) Additional Regulations • Vending machines shall be located indoors or adjacent to the Principal Building in an enclosure designed and improved for this service. • Trash facilities shall be completely enclosed and located behind the Principal Building and away from street view. • Only vehicles awaiting service, permitted rental vehicles, road service vehicles and employee vehicles parked while working are allowed on the site. • All repairs, change of tires, greasing/lubricating shall be conducted within Building(s). • Outdoor display of products incidental to normal refueling is prohibited closer to the street than pump islands. • Outdoor display or storage of tires is prohibited. V1.7 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.3.1.3 Vehicle Rental Facilities Cargo Vehicle Passenger Vehicle Satellite Facility Lease or Rental Lease or Rental Parking 1 space per employee and 10 spaces for first 10,000 sf 1 space for each 300 sf of Off -Street Minimum 1 space for every 8 vehicles of floor area. floor area. stored 1 space for each additional 500 sf • All vehicular access to site must be from a county designated primary arterial road. • Building designated for customer service must be located where it is easily seen from site access point. • All transactions shall be conducted indoors. • All vehicle storage areas must be lighted without causing spillover onto abutting properties. • On-site vehicle service must be conducted indoors and is limited to minor repairs and maintenance. 6.3.2 Entertainment Establishment —Adult Adult entertainment establishments, as herein defined, are regulated with the intent to minimize deleterious secondary effects on the Neighborhood. Such deleterious effects may include, but are not limited to, depreciation of values of nearby and adjacent properties, deterioration in appearance of the areas in which they are located, production of a skid row type of atmosphere, increased crime and health safety concerns, discouragement of residential uses in the area, and creation of an erotically suggestive atmosphere on public ways used by minors. 6.3.2.1 Additional Regulations • A minimum distance of 1,000 ft shall be required from any public park, school, or property zoned for residential use; including such public park or school properties outside City limits or properties zoned residential by the external jurisdiction. • The distance shall be measured from the front door of the proposed adult establishment to the closest property line of the protected use. • Any application shall be accompanied by a survey certified by a land surveyor registered in the State of Florida showing compliance with all minimum distance requirements. • Discontinued or abandoned adult establishments may not resume the use until all requirements of this Code and the City Code are met. • No variances shall be permitted. V1.8 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.3.3 General Commercial 6.3.3.1 Drive -Through and Drive -In Facilities • Shall be allowed only in T5-0, T6-0, D1 and D2 • All reservoir spaces shall be 10 feet wide by 22 feet long. • Quantities and dimensions only may be reduced by Waiver. Minimum Spaces 1 space at service window 3 spaces before service window 1 space after service window 6.3.3.2 Large Scale Retail Location By Exception in T6-0 and shall be located only on lots having frontage on one (1) or more arterial roads. Ingress and egress to the lot must be provided from these arterials and not from secondary roads or collectors. The lots shall also be served and be readily accessible by collective transportation systems. By Warrant in D1 By Right in D2. Section 6.3.3.2 "Additional Requirements" shall not apply. Lot Size As required by Transect Zone Retail Area Minimum: 55,000 square feet Limitations Maximum: 100,000 square feet, Requirements . A solid and continuous masonry wall finished on both sides six feet in height. when abutting . A minimum of one (1) shade tree with a minimum height of twenty (12) feet shall be a more planted at 25 feet on center along the perimeter of the wall restrictive . Additional landscaping in the form of shrubs and buffer plant material shall also be Transect required. Parking . All required parking shall conform to Transect Zone and in addition it shall be provided onsite within an enclosed structure. • Parking structures and parked vehicles shall be concealed from exterior street view and may only be located within the Third Layer. Additional . At ground level: Habitable Space such as Liners to conceal parking structures or parking Requirements areas, must be provided for at least sixty-five (65%) percent of linear street frontages. • Second floor level: Habitable Space such as Liners to conceal parking structure, with a combination of architectural articulation for all linear street frontages shall be required; however, in no case shall the Habitable Space Liners be less than forty (40%) percent of all linear street frontages. • Third floor level and above: Habitable Space such as Liners to conceal parking structure, with a combination of architectural articulation for all linear street frontages shall be permitted; however, in no case will the Habitable Space Liners be less than twenty-five (25%) percent of all linear street frontages. 6.3.3.2 (a) Additional Guidelines Any single retail establishment exceeding the sizes and conditions of the Transect in which it is located shall be subject to the requirements of a Special Area Plan V1.9 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.3.3.3 Public Storage Facilities T5-0 and T6-0 By Warrant subject to the following additional requirements: • The maximum size of any individual rental space for storage of household items and equipment shall be four hundred (400) square feet; • Controlled access shall be provided to the complex and an adequate security/surveillance system shall be installed throughout the facility. • Off-street parking requirement shall be provided at the rate of one (1) parking space per two thousand (2,000) square feet of gross floor storage area; • Any boat or vehicle stored in these facilities shall not exceed an overall length of twenty-five (25) feet and shall be stored within completely enclosed, adequately ventilated, structure. • Hours of operation shall be established in response to the perceived demand for services but shall not exceed fifteen (15) continuous hours and not extend beyond 10:00 p.m. nor commence before 6:00 a.m. Hours of operation are subject to review as part of Warrant review process. 6.3.4 Open Air Retail • Access shall be from major Thoroughfares. • Distance separation of any open air retail shall be a minimum of seventy-five (75) feet measured from the nearest point of any property within a T3, T4 -R, T5 -R or T6 - R Zone. • Operation shall be limited to a maximum of three (3) consecutive days between the hours of 7:00 AM to 7:00 PM and only on weekends and legal holidays. • Provision of paving striping for stalls and parking spaces. • Provision of restroom facilities onsite. V1.10 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.4 CIVIL SUPPORT USES 6.4.1 Community Support Facilities 6.4.1.1 Adult Daycare Location Indoor Activity Area Off -Street Parking Minimum Client Drop -Off From 6 to 9 adults T4 - L and O T5 - L and O T6 - L and O D1, D2 and C/I 350 sf minimum 1 space per employee and 1 owner space N/A 6.4.1.2 Assisted Care Community Facility From 15 to 49 residents Location T5 -L and O T6 -L and O Cl Number of clients 49 residents maximum Distance requirements 2,500 feet radius minimum distance shall be required between proposed facility and another existing facility. 1,000 feet radius minimum distance requirement between proposed facility and any T3 -R or T4 -R. VIA 1 10 and more adults T5 - L and O T6 - L and O D1, D2 and C/I 35 sf per client minimum 1 space per employee and 1 owner space 1 for every 10 clients 50 and more residents Cl over 100 residents 1,000 feet radius minimum distance requirement between proposed facility and any T3 or T4 designated zone. MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.4.2 Infrastructure & Utilities 6.4.2.1 Personal Wireless Service Facilities (PWSF) The purpose and intent of these performance standards for the location, siting and design of PWSF are to: • Allow for alternative types of PWSF in locations pursuant to these standards. • Encourage the use of existing structures not originally built as antenna mounts such as rooftops, utility poles and church steeples for deploying PWSF. Discourage new PWSF mounts where co -location and mounts on existing structures are possible; • Expedite the review process for applications choosing the least intrusive alternative of deploying PWSF as permitted by these standards; • Encourage users of mounts to locate, site and design them in a way that minimizes the adverse visual impact of the mounts and associated equipment; • To promote compatibility of PWSF with surrounding land uses, and protect the attractiveness, health, safety, general welfare, and property values of the community. VI. 12 Monopole or Tower Devices Rooftop or Anchored Devices T3 By Exception subject to conditions and By Exception subject to conditions and limitations limitations T4 By Warrant subject to conditions and By Warrant subject to conditions and limitations limitations All other By Warrant subject to conditions and By Warrant subject to conditions and limitations; including min. 500 feet distance limitations requirement from any T3 or T4 designated zone measured from nearest property line of PWSF site to the property line of the nearest parcel zoned as T3 or T4. Maximum Device Height Minimum Required Structural Maximum Height Device Height Above Roof T3 35 feet 20 feet 35 feet 13 feet T4 60 feet 20 feet 35 feet 13 feet All other 100 feet single carrier 20 feet 35 feet 13 feet 125 feet multiple carriers Additional • All freestanding monopole or tower • The mount shall not be visible from the Requirements facilities shall be designed to include ground from a distance of 600 feet; sufficient landscape as to screen the screening from ground view may be proposed facility from any adjacent provided by a parapet or some other right-of-ways. Sufficient landscape type wall or screening. shall include trees, shrubs and ground • No part of the mount shall be located cover in a tiered configuration. closer than eight (8) feet to any power • All freestanding monopole or tower line. facilities shall be designed to Mounts may not exceed three (3) accommodate up to three co -locations separate areas per rooftop of other antennas by future carriers. Any applicant of new device shall show proof that co -location to existing devices serving the area is not available. VI. 12 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 Standards In the event that a specific facility cannot comply with the standards set forth above, an application for modifications as to such standards shall only be permissible by Exception. Such applications shall be accepted upon compliance with the following: • The applicant for each such facility shall submit a justification report prepared by an engineer qualified in the technological aspects (such as a "radio frequency [RF] engineer") as to why the facility must be modified in terms of height or location; such report shall be accompanied with a review fee as set forth in Chapter 62 of the City Code. • The applicant for each such facility shall include, as part of the application, line of sight studies that depict the three dimensional view of such facility from all adjacent right-of-ways; photo montages shall be considered an acceptable form of line of sight studies. • The applicant for each such facility shall include, as part of the application, a mitigation plan that depicts proposed buffering and screening of such facility from all adjacent right-of-ways; such mitigation plan shall be in compliance with the criteria and standards set forth for PWSF applications unless the relief being sought is from one or more of such standards. • For any such facility that is proposed to be located within a property zoned T3, T4 -R, T5 -R or T6 -R, the mitigation plan shall be required to either conceal, camouflage or disguise the proposed facility, or if possible, replace a monopole or tower structure with a series of short mounts that are camouflaged within the area so as to reduce the negative visual impact of a possible larger structure. 6.4.2.1 (a) Personal Wireless Service Facilities (PWSF) Definitions Definitions Camouflage shall mean a way of designing or installing and mounting a PWSF that creates the effect that the PWSF is part of its surroundings. Carrier shall mean a company licensed by the Federal Communications Commission (FCC) that provides wireless services. A tower builder or owner is not a carrier unless licensed to provide personal wireless services. Co -location shall mean the use of a common mount by two (2) or more wireless carriers. Conceal shall mean to enclose a PWSF within a natural or man-made feature resulting in the facility being either invisible or made part of the feature enclosing it. Design shall mean the appearance of PWSF such as their materials, color and shape. Disguise shall mean to design a PWSF to appear to be something other than a PWSF. Landscape buffer shall mean an area of landscaping separating two (2) distinct land uses or a land use and a public right-of-way, which acts to soften or mitigate the effects of one use on another. It can be considered a form of camouflage. Lattice tower shall mean a type of mount that consists of multiple legs and cross - bracing of structural steel. Mitigation shall mean the reduction or elimination of visual impacts by the use of one or more methods, including concealment, camouflage and disguise. Monopole shall mean one type of self-supporting mount consisting of a single shaft of wood, steel or concrete and antennas at the top or along the shaft. Mount shall mean the structure or surface to which antennas are attached. Personal wireless service facility (PWSF) shall mean any a facility for the provision of personal wireless services, as defined by Section 704 of the Telecommunications Act of 1996. A PWSF is any facility for the transmission or reception of personal wireless services, which may consist of an antenna array, transmission cables, equipment shelter or Building, access road, mount, and a guy system. Such facilities may include "monopole" or "lattice tower (tower)" structures. Radio frequency (RF) engineer shall mean someone with a background in electrical engineering or microwave engineering who specializes in the study of radio frequencies. Screening shall mean visually shielding or obscuring one abutting nearby structure or use from another by fencing, walls, berms, or densely planted vegetation. Screening can be considered a form of camouflage. VI.13 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 Short mounts shall mean alternatives to monopoles or lattice towers, such as masts or poles. For example, two (2) poles or three (3) masts might be an alternative to one lattice tower. Standards shall mean guidelines or measures provided in this section by which acceptability is determined. PWSF shall be measured by standards for visibility and safety. This Code generally regulates these facilities on three levels: location (where the facility can go), siting (how the facility is placed within its setting) and design (what the facility looks like). Tower shall mean a mount constructed for the primary purpose of supporting antennas and other PWSF components. Visual impact shall mean a modification or change that could be incompatible with scale, form, texture, or color of the existing natural or man-made landscape. VI.14 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.4.3 Transit Facilities 6.4.3.1 Helicopter Landing Sites Helicopter landing sites, as regulated by federal and state law, may be permitted in the T6, Cl, CS, D1, D2 zones, by Warrant subject to the following criteria: • All helicopter landing sites shall be constructed according to all applicable federal and state standards. • Helicopter landing sites shall only be used for the landing and takeoff of helicopters engaged in dropping off or picking up passengers or cargo and shall not include fueling, repair or long-term parking or storage of helicopters. • Unless used for emergency operations (i.e., police, fire, hospital emergency), helicopter landing sites located upon parcels adjoining a T3, T4, T5 -R and T6 -R designation in all Transect Zones shall restrict landings and takeoffs to only Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. • Ground level sites shall be located away from Buildings, trees, or significant terrain features to avoid possible air turbulence sometimes caused by those features. Rooftop sites shall be given priority over ground level sites in congested areas. 6.4.4 Rescue Missions • A curfew shall be incorporated as part of the facility's rules. • Twenty-four (24) hour security inside and outside the facility shall be provided at the expense of the facility operator. • The facility shall give priority placement to current homeless individuals within the City. • Feeding shall be limited to an interior location at the facility. • The facility shall provide a van or tram service for referrals, appointments, transfers of facility residents, or walk-ins. • The facility shall post "no loitering" signs and shall establish an enforcement policy. • The facility operational rules regarding liquor; drugs and fighting shall be available for review by the public at any time and shall include an enforcement policy. • Application shall include an operational plan for the facility. V1.15 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.5 EDUCATIONAL USES 6.5.1 Childcare Facilities Location 4 Indoor Activity Area Minimum Outdoor Play Are �j Minimum Parking Off-Stree Vehicular Entrance Drop -Off _ From 6 to 10 Children T4 R,Land 0 T5 R, Land O T6 R, Land O D1 and Cl 200 sf 450 sf More than 10 Children T5 R, Land O T6 R, Land O D1 and Cl 20 sf per child 45 sf per child 1 space per employee and 1 space for 1 space per employee and 1 space owner for owner N/A N/A VI.16 Within 300 ft of arterial roads 1 space for every 10 children MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.6 INDUSTRIAL USES 6.6.1 Products and Services Intent It is intended that the provision of industrial products and services be permissible, as appropriate, within the D1 and D2 zones. The D1 zone allows limited residential uses and is generally intended to contain light industrial uses while the heavier industrial uses are limited to the D2 zone. D1 - Workplace D1 zone generally allows industrial, commercial and office activities which serve the needs of other businesses, may require extensive loading facilities and often benefit from proximity to industrial areas. This zone also includes the following uses: wholesaling, warehousing, light assemblage and distribution and minor repairs and fabrication of materials and equipment. Residential use is limited. Manufacturing and processing uses are allowed by Warrant only. This type of zone specifically excludes the following activities: • Activities generating adverse impacts such as excessive amounts of noise, fumes, illumination and hazardous wastes; • Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use; • Welding, machining, or any open flame work; • Any other activity or use, as determined by Warrant to not be compatible with residential activities or to possibly affect the health or safety of residents because of the use's potential to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous due to materials, processes, products, or wastes. • Any uses that involve the manufacturing processing generation or storage of materials that constitute a physical or health hazard in quantities in excess of those found in the Florida Building Code, Section 307 — High -Hazard Group H. D2 - Industrial The D2 zone allows all industrial activities such as manufacturing, processing, assembly, manufacturing, auto -related and storage activities and restricts activities generating adverse impacts such as adverse impacts such as excessive amounts of noise, fumes, illumination and hazardous wastes. This zone shall generally be located where directly served by major transportation facilities and shall be buffered from residential areas. VI.17 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.6.2 Storage and Distribution Facilities Container Yards Container yards and any facilities for the outdoor storage, stacking and processing of containers intended for shipment. Permissible only by Exception. • No more than 3 containers shall be stacked vertically • A 10 to 15 foot high wall set back 10 feet from the property line must surround the property. • All setback yards must be appropriately landscaped. • Security floodlights must be shielded or deflected from surrounding residential neighborhoods so as to prevent light spillover. • All crane operations are limited to daylight hours between 8:00 am and 6:00 pm • Appropriate measures are required to minimize any adverse effect of use including noise generation; dust; vibrations; street capacity and maneuverability; traffic and negative visual impact VI. 18 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.7 OFF-STREET PARKING STANDARDS 6.7.1 Off -Street Parking Off-street parking requirements for the individual Transect Zones shall be as set forth in Article 4, Tables 4 and 5. Required parking for Adaptive Reuses may be reduced or exempted by Warrant for properties located in a Community Redevelopment Area, or in areas where a Parking Trust Fund has been established, or for historic sites and for contributing structures within designated historic districts . 6.7.1.1 Additional Regulations General performance standards criteria for off-street parking facilities: • Parking shall be implemented so as to provide safe and convenient access to and from public streets. • Vehicular access through residential properties for nonresidential uses shall be prohibited. • Off-street parking spaces shall be located with sufficient room for safe and convenient parking without infringing on any public street or sidewalk. Off-street parking spaces whose location requires that cars back into a street or alley shall be permissible only by Waiver, except for T3 zones. • 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. • Parking or storage of commercial trucks, buses, vans, sign trailers; trailers or semi- trailers for freight, luggage; or the like shall not be permitted in any T3, T4. T5R or T6R Zone. • Inoperable vehicles shall be stored only in storage facilities or other approved place where it is completely concealed from public view. • 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 and D2 as allowed by this Code. • 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. • Parked vehicles on driveways may not encroach onto the public right of way. • 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. • Parking facilities on adjoining Lots may share access points and driveways subject to a recorded covenant running with the affected uses. 6.7.1.2 Valet Parking Off-street parking facilities maintained with valet parking shall be allowed generally, provided that the minimum off-street parking requirements of this Code are satisfied; provided also that an attendant shall remain on duty during business hours or as long as the Principal Building is occupied. V1.19 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.7.1.3 Parking reductions elderly housing Housing for the elderly, in relation to this regulation, is not to be construed as homes or institutions for the aged which are primarily convalescent or nursing homes. Off-street parking space requirements in connection with housing for the elderly conforming to the requirements of state or federal programs may be reduced by Waiver only in an amount not to be less than one (1) parking space per every two (2) dwelling units. The applicant shall submit plans which demonstrate how the remaining parking may be accommodated in the event that the housing becomes market rate housing at some time in the future. The following criteria shall apply: (a) Applicant shall submit written certification from the corresponding state or federal agency in charge of the program. (b) Off-street parking reduction shall be permitted upon a finding that, in view of location of such housing, the economic status of anticipated occupants, and other pertinent considerations as specified in the permit, there will be adequate off-street parking for occupants, visitors, and employees. (c) The premises shall be used as housing for the elderly, subject to the exceptions and limitations set forth in (a) above, until the parking requirements for a different use have been met. 6.7.1.4 Reduction in parking requirements for housing for low income families and individuals. Off-street parking requirements in connection with housing for low income families and individuals may be reduced by Waiver only in an amount not more than one-half (1/2) of the spaces generally required. The applicant shall submit plans which demonstrate how the remaining parking may be accommodated in the event that the housing becomes market rate housing at some time in the future. The following criteria shall apply: (a) The project shall otherwise conform to the requirements of state or federal programs for this purpose. (b) The Planning, Zoning and Appeals Board, in its consideration of the application for Waiver, shall determine and make a finding that the reduction in off-street parking requirements is justified in view of the nature and type of prospective occupancy, the economic circumstances involved, and that traffic and parking problems resulting from such reduction will not unduly burden traffic facilities in the Neighborhood. (c) The board shall, as part of its grant of Waiver, specify that the City, upon notice and hearing as for Waiver, may later require that the applicant implement its plan to V1.20 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 provide the full amount of required parking if it is demonstrated that traffic and parking conditions together with impact on the Neighborhood require such provision. (d) After such permit shall have been issued, the premises shall not be used other than as low income housing, subject to the Waiver and limitations set forth in (a) above, unless and until any parking requirements and all other requirements or limitations of this Code. 6.7.1.5 Deferral of portions of total required parking improvements in phased projects, prohibited Parking requirements shall be met as set forth by this Code and built concurrently with approved improvements generating said requirement. Provision of parking shall not in part or in whole be deferred for future implementation. Further, phased projects shall be approved subject to provision of required parking for each component phase to be provided concurrently with the phase generating said requirement; however deferrals may be granted as specified below. 6.7.1.6 Deferral period, revocation of permit; notice of revocation. A deferral may be for a specified period of not less than one (1) nor more than five (5) years without provision for renewal except upon application for a new Waiver. All such permits shall be revocable, in whole or in part, and the conditions and safeguards attached thereto may be changed by the Planning Director, upon findings based upon evidence that continued deferral of required improvements for all or part of the spaces involved is no longer justified, or that changes in conditions and safeguards are required. Such permits shall contain notice of these provisions. Prior to any consideration of revocation, the Planning Director shall give notice to the permit holder, but in the event of his failure to appear in person or by agent at the meeting at which the matter is acted upon, the Director may proceed in the matter. Revocation of any such permit in whole or in part, or changes in conditions and safeguards, shall be made effective within less than thirty (30) days after the determination of the Planning Director, but a longer period may be established by the Planning Director where there is adequate justification. 6.7.1.7 Calculation of parking requirements related to number of seats. Where parking requirements relate to number of seats and seating is in the form of undivided pews, benches, or the like, twenty (20) lineal inches shall be construed to be equal to one (1) seat. Where parking requirements relate to movable seating in auditoriums and other assembly rooms, ten (10) square feet of net floor area shall be construed to be equal to one (1) seat except where otherwise specified. Net floor area shall be the actual area occupied by seating and related aisles, and shall not include accessory unoccupied areas or the thickness of walls. V1.21 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.8 SIGN STANDARDS 6.8.1. Generally 6.8.1.1.The purpose of the sign regulations in this section is to provide a comprehensive system of regulations for signs visible from the public right-of-way and to provide a set of standards that is designed to optimize communication and quality of signs while protecting the public and the aesthetic character of the City. 6.8.1.2. It is further intended that these regulations: (a) Promote the effectiveness of signs by preventing their over -concentration, improper placement, deterioration and excessive size and number. (b) Regulate and control sign structures in order to preserve, protect and promote the public, health, safety and general welfare of the residents of the City of Miami and prevent property damage and personal injury from signs that are improperly constructed or poorly maintained. (c) Promote the free flow of traffic and protect pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting, or illegal signage. (d) Control and reduce visual clutter and blight. (e) Prevent an adverse community appearance from the unrestricted use of signs by providing a reasonable, flexible, fair, comprehensive and enforceable set of regulations that will foster a high quality, aesthetic, visual environment for the City of Miami, enhancing it as a place to live, visit and do business. (f) Assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets and other public structures and spaces shall be protected by exercising reasonable control over the character and design of sign structures. (g) Address the business community's need for adequate business identification and advertising communication by improving the readability, and therefore, the effectiveness of signs by preventing their improper placement, over -concentration, excessive height area and bulk. (h) Coordinate the placement and physical dimensions of signs within the different Transects. (i) Protect property values, the local economy, and the quality of life by preserving and enhancing the appearance of the streetscapes that affects the image of the City of Miami. (j) Acknowledge the differing design concerns and needs for signs in certain specialized areas such as tourist areas. V1.22 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 (k) Require that signs are properly maintained for safety and visual appearance. (1) Provide cost recovery measures supporting the administration and enforcement of these regulations. (m)Protect noncommercial speech such that any sign allowed herein may contain, in lieu of any other message or copy, any lawful noncommercial message, so long as said sign complies with the size, height, area and other requirements of these regulations. (n) Provide no more restrictions on speech than necessary to implement the purpose and intent of this section. (o) These regulations are specifically intended to be severable, such that if any section, subsection, sentence, clause or phrase of these regulations is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining provisions of these regulations. 6.8.1.3 Applicability. These regulations apply to all signs, except those signs located in the public right-of-way, within the City whether or not a permit or other approval is required, unless otherwise specifically regulated. In addition, special permits which may have been approved under Ordinance 11000 may also contain conditions that regulate signs on certain properties. No signs or advertising devices of any kind or nature shall be erected or maintained on any premises or affixed to the inside or outside of any structure to be visible from the public right-of-way except as specifically permitted in or excepted by these regulations. 6.8.1.4 Permit Required; Signs Exempted from Permit Requirements. Except for classes of signs exempted from permit requirements as specified below, all signs shall require permits. The following types of signs, and change of copy of signs, are exempted from permit requirements because such signs are needed in order to convey messages to protect lives, give direction, identify public access ways, and protect civil rights. Such signs shall comply with size and location requirements as set forth in these regulations for the specific Transect in which they are to be located. (a) Address, notice, and directional signs, warning signs. No sign permit shall be required for address, notice, and directional signs or warning signs except as otherwise required in this section. (b) Cornerstones, memorials, or tablets. Due to their historic or civic significance to the community, no sign permit is required for cornerstones, memorials, or tablets when part of any masonry surface or constructed of bronze or other incombustible and durable material; such signs shall be limited to identification and date of construction V1.23 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 of Buildings, persons present at dedication or involved in development or construction, or significant historical events relating to the premises or development. (c) U. S. Mail delivery receptacles. No sign permit shall be required for delivery receptacles for U.S. mail which have been approved for use by postal authorities. (d) Symbolic flags, award flags, house flags. No sign permit shall be required for display of symbolic, award, or house flags, limited in number to one (1) for each institution or establishment for the first fifty (50) feet or less of street Frontage and one (1) for each fifty -foot increment of Lot Line adjacent to a street. (e) Window signs. In residential districts, signs placed in the window area that do not exceed one (1) square foot in area, limited to one such sign per residential unit, shall not require a permit. (f) Change of copy. No sign permit shall be required for routine change of copy on a sign, the customary use of which involves frequent and periodic changes, or for the relocation of sign embellishments, providing such relocation does not result in increase of total area of the sign beyond permissible limits. Any sign allowed herein may contain, in lieu of any other message or copy, any lawful non-commercial message, so long as said sign complies with the size, height, area and other requirements of the City. Where change in copy changes the type of sign to a non- exempt category, however, a sign permit shall be required. (g) No sign permit shall be required for display of signs on automobiles, trucks, buses, trailers, or other vehicles when used for normal purposes of transportation. (h) No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays, or for community -wide celebrations, conventions, or commemorations in non-residential districts when authorized by the city commission. Such signs shall be removed within thirty (30) days of such events. (i) Real estate signs. No sign permit shall be required for real estate signs displayed on private property: 1. In nonresidential districts, not exceeding fifteen (15) square feet in sign surface area; or 2. In residential districts, not exceeding one (1) square foot in sign surface area. Such real estate signs shall be removed within thirty (30) days of the sale or rental of the property. (j) Political election signs. No sign permit shall be required for political election signs displayed on private property: 1. In nonresidential districts, not exceeding fifteen (15) square feet in aggregate of sign surface area; or 2. In residential districts, not exceeding four (4) square feet in aggregate of sign surface area. Such political election signs shall be removed within thirty (30) days of the election period. V1.24 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.8.1.5 General requirements. The following general requirements and limitations shall apply with regard to signs, in addition to provisions appearing elsewhere in this Code. No variance from these provisions is permitted unless otherwise provided herein. (a) Any sign allowed herein may contain, in lieu of any other message or copy, any lawful noncommercial message, so long as said sign complies with the size, height, area and other requirements of this Code and the City Code. (b) Limitations on false and misleading signs. It shall be unlawful to post any sign that is false or misleading. (c) No sign adjacent to a T3, T4 -R, T5 -R or T6 -R zone shall be illuminated or flashing unless such signs are specifically authorized by the regulations for the Transect in which erected. Whether or not flashing signs are authorized generally within a zone, no flashing sign shall be permitted within one hundred (100) feet of any portion of property in a residential district, as measured along the street frontage on the same side of the street, or as measured in a straight line to property across the street, if the flashing element of such sign is directly visible from the residential property involved. (d) Revolving or whirling signs and pennant or streamer signs are hereby prohibited unless such signs are specifically authorized by the regulations for the district in which erected. (e) Signs of historic significance. Any sign determined to be of historic significance by the Historic and Environmental Preservation Board, through resolution that makes findings according to the chapter 23 of the City Code, may be exempted by warrant from any sign limitation imposed by this Code. The placement of said sign may be as approved according to the considerations and standards of warrant approval, as the criteria in chapter 23. (f) Variances for height on freestanding outdoor advertising signs may be granted by the Planning, Zoning and Appeals Board, pursuant to the limitations set forth in this Code and upon compliance with the following: An application for a height variance for a freestanding outdoor advertising sign may only be submitted, and accepted by the city, if the height variance is necessary due to a government action which renders the sign not visible from the roadway(s) which it was intended to be viewed from; said government action will only be considered a justification for the requested variance if the action occurs after the sign has been legally erected under the provisions of the zoning ordinance in effect at the time the sign was built. A legally erected sign that was legally constructed and not in compliance with the height provisions of the zoning ordinance may not justify the noncompliant height as hardship for a variance request; only a subsequent government action, which physically impedes the visibility of a sign, will be considered a valid justification; V1.25 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 2. Any application for a height variance for a freestanding outdoor advertising sign must be accompanied by line of sight studies from the roadway(s) which such sign is intended to be viewed from; and 3. A finding must be made that the variance be requested is the minimum variance necessary to make such sign visible from the roadway(s) which such sign is intended to be viewed from. 4. In addition, this section shall not apply to any sign with nonconforming status. (g) All temporary signs shall comply with the requirements of Chapter 62 of the City Code. (h) All signs shall comply with the vision clearance standards of this Code. (i) A Warrant shall be required for establishment of community or neighborhood bulletin boards, including kiosks in districts where permissible, but no sign permits shall be required for posting of notices thereon. Size and location standards shall be as set forth in the districts where permissible. Subject to approval by the officer or agent designated by the City Manager, such bulletin boards or kiosks may be erected on public property. Conditions of the Warrant shall include assignment of responsibility for erection or maintenance, and provision for removal if not properly maintained. 6.8.1.6. Fees. The fees prescribed in the City Code must be paid to the City of Miami for each sign installation for which a permit is required by this Code and must be paid before any such permit is issued, as provided for herein. Fees for sign permits for each sign erected, installed, affixed, structurally or electrically altered or relocated shall be determined in accordance with the fee schedule established by resolution of the City Commission or set forth in the City Code. 6.8.1.7. Removal of signs. (a) In addition to removal required for nonconforming signs in this Code, the following rules, requirements, and limitations shall apply with regard to any order for removal, repair, or replacement of certain signs, as indicated below. If such signs are otherwise lawfully permitted, except for the condition or circumstance leading to an order issued by any official City or County Board with applicable jurisdiction in accordance with the applicable provisions of the City Code, the Florida Building Code or this Code, the order shall require repair or replacement within a stated time, not to exceed ninety (90) days from the date of the order, or removal prior to the expiration of such period. 2. If such signs are nonconforming under the terms of this Code by reason of character or location or the use with which associated, or exceed, in combination with other signs on the premises, limitations on number or area of signs, the order shall require any nonconforming signs to be removed or made to conform within a stated time, not to exceed ninety (90) days from the date of the order. V1.26 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 3. Any order issued by an official City or County Board with jurisdiction may be appealed in accordance with the review procedures set forth in the applicable sections of the City Code, Florida Building Code or this Code, as applicable. (b) Decrepit or dilapidated signs; treatment of supports. 1. Signs found to be decrepit or dilapidated (whether or not determined to be unsafe as provided in the Florida Building Code) shall be removed, repaired, or replaced if otherwise lawful. 2. Structural members of all signs, including supports, shall be covered, painted, or designed in such a manner as to be visually unobtrusive. 3. The building official may issue a written notice to the responsible party in charge of any sign found to be unsafe. The written notice shall specify the dangerous conditions of the sign, list any sign violation, order the immediate abatement of the unsafe conditions, and require either the repair or removal of the sign within the time specified in the notice by the responsible party. The building official shall serve this notice on the responsible party in accordance with the Florida Building Code and the responsible party may seek review of such decisions in accordance with such section. 4. Signs advertising establishments, commodities, or services previously associated with the premises on which erected, but no longer there or otherwise bearing other obsolete matter, shall be removed within thirty (30) days from the time such activity ceases. 5. The City may issue a written notice to the responsible party in charge of any sign found to be advertising establishments, commodities, or services no longer on premises or are otherwise obsolete. The written notice shall specify the obsolete conditions of the sign, list any sign violation, order the immediate abatement of the obsolete condition, and require the removal of the sign within the time specified in the notice by the responsible party. The City shall serve this notice on the responsible party in accordance with Chapter 2, Article X of the City Code and the responsible party may seek review of such decision in accordance with the provisions contained therein. 6.8.1.8. Outdoor advertising signs. a. All new freestanding outdoor advertising signs are prohibited. Signs used in the conduct of the outdoor advertising business shall be regulated pursuant to the restrictions set forth in this Code and restricted as follows in T Zones in which they are permitted. b. The area of an outdoor advertising sign shall not exceed seven hundred fifty (750) square feet, for each surface, including embellishments, if any. Embellishments include the display portions of the sign extending outside the general display area. Total area of embellishments, including portions falling within or superimposed on the general display area, shall not exceed one hundred (100) square feet. No V1.27 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 embellishment shall extend more than five (5) feet above the top of the sign structure, or two (2) feet beyond the sides or below the bottom of the sign structure. Embellishments shall be included in any limitations affecting minimum clearance or maximum height of signs, permitted projections, or distance from any structure or lot or street line. c. Except as otherwise provided in paragraph (b) above, outdoor advertising signs may be erected, constructed, altered, maintained or relocated within six hundred sixty (660) feet but no nearer than two hundred (200) feet of any limited access highway including expressways as established by the State of Florida or any of its political subdivisions, provided that such sign faces are parallel to or at an angle of not greater than thirty (30) degrees with the centerline of any such limited access highway and face away from such highway. 1. No outdoor advertising sign which faces a limited access highway including expressways as established by the State of Florida to a greater degree than permitted in herein shall be erected, constructed, altered, maintained, replaced or relocated within six hundred sixty (660) feet of any such highways, including expressways, easterly of 1-95 and southerly of 36th Street. 2. Outdoor advertising signs, a maximum of ten (10) in number, including those presently in place, which face such limited access highways may be erected, constructed, altered, maintained, replaced or relocated within two hundred (200) feet of the westerly side of 1-95 right-of-way lines, or that portion of the easterly side of 1-95 which lies north of 36th Street, or of any limited access highway, including expressways as established by the State of Florida or any of its political subdivisions, westerly of 1-95; or which lie easterly of 1-95 and north of 36th Street, after city commission approval, and subject to the following conditions: (a) An outdoor advertising sign structure approved pursuant to this section shall be spaced a minimum of fifteen hundred (1500) feet from another such advertising structure on the same side of a limited access highway including expressways facing in the same direction. (b) The height of the structure shall not exceed a height of fifty (50) feet measured from the crown of the main traveled road, and in no instance shall exceed a maximum height of sixty-five (65) feet measured from the crown of the nearest adjacent or arterial street. (c) The sign structure shall be of unipod construction with pantone matching color system PMS180U reddish brown or PMS463U dark brown or similar color, and with only two (2) sign faces back to back at a maximum horizontal angle of thirty (30) degrees from each other. (d) No flashing, blinking or mechanical devices shall be utilized as a part of the outdoor advertising sign. (e) Sign area, embellishments and projections shall be as set forth in paragraph 6.8.1.8. b. above. V1.28 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 d. Outdoor advertising signs shall be spaced a minimum of one thousand (1,000) feet from another sign, or an approved location, on the same side of a federal -aid primary highway. e. All outdoor advertising sites shall be appropriately landscaped as follows: One (1) shade tree for the first five hundred (500) square feet of site area and one (1) side shade tree for each additional one thousand (1,000) square feet or portion thereof of site area; the remainder of the site area shall be landscaped with equal portions of hedges and/or shrubs and living ground cover. Said landscaping shall be provided with irrigation and be maintained in perpetuity. Any sign permit issued pursuant to the code shall be subject to revocation, subsequent to a public hearing by the city commission, should city inspectors find that the subject site is not being maintained according to approved landscaping plans or is being kept in an unclean or unsightly manner. 6.8.2. Transect Specific Standards. 6.8.2.1 Generally. (a) Criteria. In the review and approval of signs, the City shall ensure compliance with all applicable sections of the Florida Building Code and ensure that the signs comply with the zoning regulations of this Code including: 1. The size and area of the signs comply with the specifications set forth for the type of sign and the zoning district in which the sign is to be located; and, 2. The signs comply with location standards on the subject property or structure as specified herein. 6.8.2.2 T3 and T4 -R (a) For each dwelling unit the following is permitted: Address signs, not to exceed one (1) for each dwelling unit or other use for each Lot Line adjacent to a street, or two (2) square feet in area, except as provided below. 2. Window signs which do not exceed one (1) square foot in area limited to one such sign per residential unit. 3. Notice, directional and warning signs, not to exceed one (1) for each dwelling unit or other use for each Lot Line adjacent to a street, or two (2) square feet in area, provided that, where such signs are combined with address signs, maximum total area shall not exceed three (3) square feet. Such signs, if freestanding, shall not V1.29 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 exceed three (3) feet in Height, be closer than ten (10) feet to any adjacent Lot, or be closer than two (2) feet to any street line. Such signs shall not be illuminated. 4. For home office, one sign not to exceed one (1) square foot in area. (b) For other uses: In connection with subdivisions, developments, neighborhoods or similar areas. Not to exceed one (1) permanent identification sign, or ten (10) square feet in area, per principal entrance. Such signs shall not be illuminated or internally illuminated. Such signs may be located on a perimeter wall or Building wall. Signs should respect the architecture of the Building and be placed subordinately and harmoniously to the structure. 2. In connection with religious facilities. A wall sign for the name of the religious facility, not exceeding twenty (20) square feet in area shall be permitted. In addition, a freestanding sign for name of religious facility and schedule of services shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area; an increase up to forty (40) square feet for such a sign shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and the facility has a setback in excess of thirty (30) feet. 3. In connection with elementary, middle or high school. A wall sign for the name of the school, not exceeding twenty (20) square feet in area shall be permitted. In addition, a freestanding sign for name of the school and schedule of school events shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area. An increase up to forty (40) square feet for such a sign shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and the facility has a Setback in excess of thirty (30) feet. 6.8.2.3. T4 -L and T4-0 (a) For each dwelling unit, the following is permitted: 1. Address signs, not to exceed one (1) for each dwelling unit or other use for each Lot Line adjacent to a street, or two (2) square feet in area, except as provided below. 2. Window signs which do not exceed one (1) square foot in area limited to one such sign per dwelling unit. 3. Notice, directional and warning signs, not to exceed one (1) for each dwelling unit or other use for each Lot Line adjacent to a street, or two (2) square feet in area, provided that, where such signs are combined with address signs, maximum total area shall not exceed three (3) square feet. Such signs, if freestanding, shall not exceed three (3) feet in Height, be closer than ten (10) feet to any adjacent Lot, V1.30 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 or be closer than two (2) feet to any street line. Such signs shall not be illuminated. 4. For home office, one sign not to exceed one (1) square foot in area. (b) For other uses: In connection with subdivisions, developments, neighborhoods or similar areas. Not to exceed one (1) permanent identification sign, or ten (10) square feet in area, per principal entrance. Such signs shall not be illuminated or internally illuminated. Such signs may be located on a perimeter wall or Building wall. Signs should respect the architecture of the Building and be placed subordinately and harmoniously to the structure. 2. In connection with religious facilities. A wall sign for the name of the religious facility, not exceeding twenty (20) square feet in area shall be permitted. In addition a freestanding sign for name of religious facility and schedule of services shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area. An increase up to forty (40) square feet for such a sign shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and the facility has a Setback in excess of thirty (30) feet. 3. In connection with elementary, middle or high school. A wall sign for the name of the school, not exceeding twenty (20) square feet in area shall be permitted. In addition, a freestanding sign for name of the school and schedule of school events shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area. An increase up to forty (40) square feet for such a sign shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and the facility has a Setback in excess of thirty (30) feet. 4. In connection with other uses allowed within the Transect and not listed, no more than one (1) square foot per linear foot of Frontage of the establishment. 6.8.2.4. T5 -R and T6 -R (a) For residential uses, the following are permitted: Address signs, not to exceed one (1) for each dwelling unit or other use for each Lot Line adjacent to a street, or two (2) square feet in area, except as provided below. 2. Window signs which do not exceed one (1) square foot in area limited to one such sign per residential unit. 3. Building address, notice, directional or warning signs for each Lot Line adjacent to a street, one (1) wall sign not exceeding an area of one-half square foot for each linear foot of street Frontage, up to a maximum of forty (40) square feet in area, or one (1) projecting sign with combined surface area not exceeding one-half V1.31 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 square foot for each linear foot of street Frontage, up to a maximum of forty (40) square feet in area: and one (1) address or directional sign, not exceeding an area of ten (10) square feet. Such address or directional, notice or warning sign, if freestanding, shall not be closer than six (6) feet to any adjacent Lot Line or be closer than two (2) feet to any street line. 4. For home office, one sign not to exceed one square foot in area. (b). For other uses: In connection with subdivisions, developments, neighborhoods or similar areas. Not to exceed one (1) permanent identification sign, or ten (10) square feet in area, per principal entrance. Such signs shall not be illuminated or internally illuminated. Such signs may be located on a perimeter wall or Building wall. Signs should respect the architecture of the Building and be placed subordinately and harmoniously to the structure. 2. In connection with religious facilities. A wall sign for the name of the religious facility, not exceeding twenty (20) square feet in area shall be permitted. In addition, a freestanding sign for name of religious facility and schedule of services shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area. An increase up to forty (40) square feet for such a sign shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and the facility has a Setback in excess of thirty (30) feet. 3. In connection with elementary, middle or high school. A wall sign for the name of the school, not exceeding twenty (20) square feet in area shall be permitted. In addition, a freestanding sign for name of the school and schedule of school events shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area. An increase up to forty (40) square feet for such a sign shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and the facility has a Setback in excess of thirty (30) feet. 6.8.2.5 T5 -L, T5-0, T6 -L, T6-0, D1 and D2 Except as otherwise provided, the following signs are permitted and may be illuminated but shall not be animated or flashing. (a) For a single establishment within a Building: 1. Wall signs. When a single establishment takes up an entire Building, wall signs shall be limited to one and one half (1 1/2) square feet of sign area for each lineal foot of wall fronting on a street; there shall be no more than one wall sign for each 150 linear feet along a street Frontage, with no more than three (3) total on any wall. Walls that do not have street Frontage may contain no more than one V1.32 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 wall sign each, not to exceed fifty (50) square feet in area, but aggregate area shall be included as part of aggregate wall sign area as limited herein. 2. Window signs. Painted or attached, which shall not exceed twenty percent (20%) of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. 3. Projecting signs. Shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the Building is two (2) feet or less; sixty (60) square feet where projection is more than two (2) and less than three (3) feet; and forty (40) square feet where projection is at least three (3), but not more than four (4) feet. The aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. 4. Ground/Freestanding signs. Shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each one hundred (100) feet of street Frontage. Permitted sign area may be cumulative, but no sign surface shall exceed one hundred (100) square feet. Maximum Height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, and not including limited access highways or expressways, provided, however, that the Zoning Administrator may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. 5. Directional signs. May be combined with address signs but shall bear no advertising matter, and may be erected to guide to entrances, exits, or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit, or parking area. (b) For a single Building with more than one establishment opening up to the outdoors: Wall signs. The Building in which the establishments are located shall be allowed one (1) wall sign, limited to a Building identification sign, not exceeding fifty (50) square feet in area, for each face of the Building oriented toward the street, In addition, each individual establishment within a Building that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum Frontage of twenty (20) linear feet to the outdoors, shall be allowed the following signs: a. A wall sign not to exceed one (1) square foot in area for each linear foot of Frontage of the establishment. b. Window signs not to exceed twenty percent (20%) of the glass area of the window or glass door in which placed; such window signs may be painted or attached. The number of such signs is not limited by these regulations, but V1.33 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 aggregate area shall be included as part of aggregate wall sign area, as limited above. c. An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed six (6) inches in Height. d. A hanging (as in under an awning or similar structure) sign not to exceed three (3) square feet in area. 2. Window signs. Painted or attached, which shall not exceed twenty percent (20%) of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. 3. Projecting signs. Shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the Building is two (2) feet or less; sixty (60) square feet where projection is more than two (2) and less than three (3) feet; and forty (40) square feet where projection is at least three (3), but not more than four (4) feet. The aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. 4. Ground or freestanding signs. Shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area for each establishment or for each one hundred (100) feet of street Frontage. Permitted sign area may be cumulative, but no sign surface shall exceed one hundred (100) square feet. Maximum Height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the Zoning Administrator may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. 5. Directional signs. May be combined with address signs but shall bear no advertising matter, and may be erected to guide to entrances, exits, or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit, or parking area. (c) For outdoor advertising business signs. Outdoor advertising business signs shall be permitted as accessory uses to principal commercial uses, and such signs shall further be limited as follows: 1. Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; 2. Signs shall be limited to one sign per structure only; V1.34 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 3. Sign area shall be limited to no greater than thirty-two (32) square feet; 4. Permissible sign area may only be utilized on a commercial structure which has the allowable thirty-two (32) square feet of sign area unused from the total permissible wall sign area for the structure in question (not counting the twenty (20) square feet of wall signs allowable per establishment); and 5. Such signs may either be painted or mounted onto the subject wall. 6.8.2.6. Cl Except as otherwise provided, the following signs are permitted and may be illuminated but shall not be animated or flashing. (a) Directional signs, which may be combined with address signs but shall bear no advertising matter, and may be erected to guide to entrances, exits, or parking areas, but shall not exceed five (5) square feet in surface area. (b) Ground or freestanding signs, to the extent allowed, shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each street Frontage of each establishment or for each fifty (50) feet of street Frontage. Permitted sign area may be cumulative for establishments with more than one hundred and fifty (150) feet of street Frontage, but in such cases, no sign surface shall exceed one hundred (100) square feet in area. Maximum Height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided. (c) For a single establishment within a Building: When a single establishment takes up an entire Building, wall signs shall be limited to one and one half (1 1/2) square feet of sign area for each lineal foot of wall fronting on a street. There shall be no more than one wall sign for each one hundred and fifty (150) linear feet along a street Frontage, with no more than three (3) total on any wall. Walls that do not have street Frontage may contain no more than one wall sign each, not to exceed fifty (50) square feet in area for each sign, but aggregate area shall be included as part of aggregate wall sign area as limited herein. (d) For a single Building with more than one establishment opening up to the outdoors: 1. Wall signs for a single Building with more than one ground floor establishment: each individual establishment on the ground floor, with ground floor street Frontage and separate entrances on the ground floor that open toward such street Frontages, shall be allowed the following signs: V1.35 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 a. A wall sign not to exceed one (1) square foot in area for each linear foot of frontage of the establishment; b. Window signs not to exceed twenty percent (20%) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached. The number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed six (6) inches in Height. d. A hanging (as in under an awning or similar structure) sign not to exceed three (3) square feet in area. 2. Window signs, painted or attached, shall not exceed twenty percent (20%) of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. 3. Projecting signs (other than under awning signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area. The aggregate area shall be included as part of aggregate wall sign area, as limited above. 6.8.2.7 CS Permanent signs shall be permissible subject to the limitations below: (a) Only the name of facility, identification of other uses within the facility and directional signs shall be allowed subject to obtaining a Warrant. (b) Criteria: 1. Location of signs: Location of park identification signs shall comply with the visibility clearance standards as set forth in Article 8, Section 8.2. Signs for identification of other uses within the park shall be located directly on, or adjacent to, where such uses are located. 2. Size: There shall be no limitation as to the size of park identification signs, however, such signs shall not exceed a reasonable size to identify the park to the population it is intended to serve. Neighborhood parks signs shall be unobtrusive and non -illuminated, while regional park signs may be larger and contain sufficient illumination to read the park sign from adjacent rights-of- way. V1.36 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 3. For other uses within a park, identification signs may be allowed subject to obtaining a Warrant in order to determine whether the location, size and design of the sign structure(s) is compatible with the character of the park in which located. V1.37 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.8.3. Limitations on signs above a Height of fifty (50) feet above grade. Except as otherwise provided in a specific Transect Zone, the following regulations shall apply to all signs above a Height of fifty (50) feet above grade: (a) Signs shall be limited to the identification of the Building or the name of one (1) major tenant of the Building occupying more than five percent (5%) of the gross leasable Building floor area. Not more than two (2) signs per Building on two (2) separate Building Facades shall be permitted. (b) Signs shall consist only of individual letters or a graphic logotype. No graphic embellishments such as borders or backgrounds shall be permitted. (c) The maximum height of a letter shall be as indicated in the table below. any portion of a sign over fifty (50) feet but less than two hundred 4 FEET (200) feet above grade any portion of a sign over two hundred (200) feet but less than three 6 FEET hundred (300) feet above grade any portion of a sign over three hundred (300) feet but less than 8 FEET four hundred (400) feet above grade any portion of a sign over four hundred (400) feet above grade 9 FEET (d) The maximum height of a logo may exceed the maximum letter height by up to fifty percent (50%) if its width does not exceed its height. When text and a graphic logotype are combined in an integrated fashion to form a seal or emblem representative of an institution or corporation, and when this emblem is to serve as the principal means of Building identification, the following regulations shall apply. any portion of a sign over fifty (50) feet but less than two hundred 200 SQ. FT. (200) feet above grade any portion of a sign over two hundred (200) feet but less than three 300 SQ. FT. hundred (300) feet above grade any portion of a sign over three hundred (300) feet but less than 400 SQ. FT. four hundred (400) feet above grade any portion of a sign over four hundred (400) feet above grade 500 SQ. FT. (e) The maximum length of the sign shall not exceed eighty percent (80%) of the width of the Building wall upon which it is placed, as measured at the height of the sign. The sign shall consist of not more than one (1) horizontal line of letters or symbols, unless it is determined that two (2) lines of lettering would be more compatible with V1.38 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 the Building design. The total length of the two (2) lines of lettering, end-to-end, if permitted, shall not exceed eighty percent (80%) of the width of the Building wall. (f) No Variance from maximum size of letter, logotype, length of sign or number of signs shall be granted. (g) All sign permits shall be reviewed based on the following guidelines: 1. Signs should respect the architectural features of the Facade and be sized and placed subordinate to those features. Overlapping of functional windows, extensions beyond parapet edges obscuring architectural ornamentation or disruption of dominant Facade lines are examples of sign design problems considered unacceptable. 2. The sign's color and value (shades of light and dark) should be harmonious with Building materials. Strong contrasts in color or value between the sign and Building that draw undue visual attention to the sign at the expense of the overall architectural composition shall be avoided. 3. In the case of a lighted sign, a reverse channel letter that silhouettes the sign against a lighted Building face is desirable. Lighting of a sign should be accompanied by accent lighting of the Building's distinctive architectural features and especially the Facade area surrounding the sign. Lighted signs on unlit Buildings are unacceptable. The objective is a visual lighting emphasis on the Building with the lighted sign as subordinate. 4. Feature lighting of the Building, including exposed light elements that enhance Building lines, light sculpture or kinetic displays that meet the criteria of the Miami Dade County art -in -public places ordinance, shall not be construed as signage subject to these regulations. 6.8.4 Media Tower within the Southeast Overtown/Park West Redevelopment Area. Media Tower is a structure that may serve as a viewing tower and a kinetic illuminated media display system, utilizing signage, video and all other forms of animated illuminated visual message media within the Southeast/Overtown Park West Redevelopment Area Plan. It is intended that such a structure shall be used to achieve an overall effect and aesthetic consistency within the private -owned properties within the area based upon criteria provided for and set forth in the Southeast/Overtown Park West Redevelopment Area Plan and applicable provisions of Chapter 163, Part III, Florida Statutes, referred to herein as the Community Redevelopment Act of 1969, and in the implementing provisions of this ordinance. Notwithstanding other sign provisions of this Code, animated and flashing signs and banners shall be permitted for ground level nonresidential uses fronting on N.E. and N.W. 9th Street within the Southeast/Overtown Park West Redevelopment Area. V1.39 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 Outdoor advertising business signs shall be permitted only in conjunction with a "Media Tower" as defined in this Code. Implementation. The Miami Media Tower shall exist solely in the Southeast Overtown/Park West Redevelopment Area. Criteria. It is the purpose of the Miami Media Tower to (a) define an area in the City where signage of this type can be placed on a tower(s) that, together with architectural design standards for buildings within the area as well as Urban Design standards based on new urbanist principles in the area of the City, will establish a unique local, regional and national identity within the area; (b) strengthen the economy of the City by encouraging the development and redevelopment of a depressed, blighted and slum area within a major redevelopment area within the downtown core of the City; and (c) provide a source of funds to be used exclusively within said redevelopment area for redevelopment related activities, and nothing else. Permitting. A sign permit shall be required for all such signs specified herein. All applications shall require a mandatory review and approval by the Executive Director of the CRA. V1.40 MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS PUBLIC HEARING -FIRST READING 2007-06 6.9 FENCES AND WALLS 6.9.1 Prohibited on fences and walls. • The use of broken glass, projecting nails or spikes, or similar materials on walls is prohibited in all Transect Zones. Barbed wire fences, or use of barbed wire along the top of a fence or wall, shall be permissible in D1 and D2, subject to approval by Waiver upon making a written finding that its use and placement are reasonably necessary to the safety, welfare and security of the property. 6.10 WATERFRONT SETBACKS See also Miami City Charter Section 3 (mm) (ii -iv). In addition to Miami City Charter requirements, the following setback and waterfront walkway regulations shall apply: (a) A minimum setback of fifty (50) feet shall be provided along any waterfront, except for lots less than 200 feet deep, where the setback shall be a minimum of 25% of the lot depth; and except for T3, T4 -R, D1 and D2 where the minimum setback shall be twenty (20) feet. With the exception of T3, T4 -R, D1 and D2 transects, such setback area shall be designed in accordance with the following waterfront walkway standards and is encouraged to remain open to public access during all times, but at a minimum, during daylight hours: 1. Such waterfront walkway area shall feel public, be usable, and provide visual access to the water. 2. The 20 foot setback area shall consist of edge and safety zones as well as a circulation zone. The circulation zone shall consist of a linear pedestrian walkway of no less than 12 feet in width. 3. Such waterfront walkway areas shall be landscaped; shade trees shall be confined to the inland edge of the walkway and palms may be used along either edge. All plant material shall be primarily native and salt tolerant along bay walk areas. (b) All underground structures shall be set back from the waterfront a minimum of ten (10) feet. V1.41 THIS PAGE LEFT INTENTIONALLY BLANK. MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES PUBLIC HEARING -FIRST READING 2007-06 PERMITTING PROCESS DIAGRAM DIAGRAM 12 PERMITTING PROCESS * All applications shall include required notice V11.1 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1 PROCEDURES 7.1.1 Authorities The administration of the Miami 21 Code shall include the following authorities: Zoning Administrator; Planning Director; Coordinated Review Committee; Planning, Zoning and Appeals Board; and City Commission. 7.1.1.1 Zoning Administrator a. Functions, powers and duties. A Zoning Administrator, appointed by and responsible to the city manager, shall be responsible for administration and enforcement of the Miami 21 Code as provided herein, with such assistance as the city manager may direct. For purposes of this code, the functions, powers and duties of the Zoning Administrator more specifically include: 1. To determine whether applications for building permits as required by the Building Code are in accord with the requirements of this zoning ordinance. No building permit shall be issued without approval of zoning compliance by the Zoning Administrator that plans and applications conform to applicable zoning regulations. 2. To determine whether the use of any structure or premises hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, in use or in structure, is in accordance with this Miami 21 Code and to issue a certificate of use if the plans and applications conform to applicable zoning regulations. Certificates of use for home occupations in residential districts shall be issued annually to cover the period from January 1 through December 31 of each year. 3. To assist the Code Enforcement Department to enforce vigorously the provisions of the Miami 21 Code. 4. To maintain records of all official administrative actions. 5. To decide questions of zoning interpretation pursuant to Section 7.1.2.3 of this Code. 6. To participate in the review of administrative Warrants and Exceptions. 7. To serve in an advisory capacity on zoning matters to the Planning, Zoning and Appeals Board, the City Commission, and other officers or agencies of the City, and to prepare such reports as may be appropriate in that capacity. VII.2 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 8. To review and issue sign permits. 9. To determine whether changes made to applications are substantial modifications pursuant to Section 7.1.3 that require additional review and evaluation by city staff or a new notice prior to a hearing. b. It shall be the duty of all employees of the city, and especially of all officers and inspectors of the Department of Planning, Department of Building, Office of Zoning, the Fire Rescue Department, and the Police Department, to report to the Code Enforcement Department any suspected violations of the Miami 21 Code. 7.1.1.2 Planning Director a. A Planning Director, appointed by and responsible to the city manager, shall be responsible for administration of the Miami 21 Code, as provided herein, with such assistance as the city manager may direct. For purposes of this Code, the functions, powers and duties of the Planning Director more specifically include: To make determinations concerning uses where there is substantial doubt as to whether a particular use or uses, or classes of uses, or characteristics of use not specifically identified in the Miami 21 Code are of the same general character as those listed as permitted, Warranted or Exception uses, either upon request from any administrative agency or officer of the city or upon his own initiative. 2. To approve, deny or approve with conditions any applications for administrative Warrant, upon review by members of the Coordinated Review Committee as the Director may request, and pursuant to the standards of the Miami 21 Code. 3. To approve, deny or approve with conditions any applications for administrative Waiver pursuant to the standards of the Miami 21 Code. 4. To prepare recommendations regarding an application for Exception, upon review by members of the Coordinated Review Committee as the Director may request, and to cause the application and accompanying recommendations to be placed on the agenda of the Planning, Zoning and Appeals Board for consideration. 5. To prepare recommendations regarding an application for Variance and to cause the application and accompanying recommendations to be placed on the agenda of the Planning, Zoning and Appeals Board for consideration. 6. To prepare recommendations regarding an application for amendment to the Miami 21 Code, including rezoning, and to cause the application and accompanying recommendations to be placed on the agendas of the VII.3 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 Planning, Zoning and Appeals Board and the City Commission for consideration. 7. To prepare recommendations regarding an application for a Special Area Plan, and to cause the application and accompanying recommendations to be placed on the agendas of the Planning, Zoning and Appeals Board and the City Commission for consideration. 8. To coordinate and chair the work of the Coordinated Review Committee. 9. To serve in an advisory capacity on Miami 21 Code matters to the Planning, Zoning and Appeals Board, the City Commission, and other officers or agencies of the city, and to prepare such reports as may be appropriate in that capacity. 10. To make referrals to the Urban Development Review Board (UDRB) as defined in Chapter 62 of the City Code for projects that exceed 200,000 square feet or as the Director may deem necessary. 7.1.1.3 Coordinated Review Committee a. Establishment There is hereby established a committee to be known as the Coordinated Review Committee. The Coordinated Review Committee shall consist of the following members: the Planning Director who shall serve as the chair of the committee, the Zoning Administrator, the City Attorney, the NET Director, and the Public Works Director, and other city, county, school board and governmental and utility officials with the necessary expertise that the Planning Director may require for any particular application review. b. Functions, powers and duties The Coordinated Review Committee shall provide review of applications for administrative Warrants and for Exceptions, and for Special Area Plans, pursuant to the review criteria of section 7.1.2 and section 3.8, as the case may be. The Planning Director shall determine to which members of the committee any particular application shall be referred for review and advice. The committee shall meet together only as requested by the Planning Director. Upon the Planning Director's request, the review reports of each member shall be provided to the Planning Director, who shall consider them in making a decision regarding an application for an administrative Warrant and in making a recommendation to the Planning, Zoning and Appeals Board regarding an application for an Exception or for a Special Area Plan. c. Notice VII.4 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 The applicant shall be given an opportunity, upon a minimum of seven days' notice, to attend any meeting, if any, of the Coordinated Review Committee that may be held to review and evaluate its application. Failure of the applicant to appear shall result in the withdrawal of the item from the committee meeting agenda. The applicant shall receive notice of the Planning Director's preliminary decision or recommendation on its application, as applicable, at least twenty-one (21) calendar days prior to the Director's final decision or recommendation. Within fourteen (14) calendar days of receipt of notice, the applicant may request an opportunity to revise its application or provide additional information to address any comments or concerns raised by the Coordinated Review Committee. If such a request is made, the Director's final decision or recommendation shall not be issued until the applicant has had a reasonable opportunity, as determined by the Planning Director, to make its revisions or to provide additional information. 7.1.1.4 Planning, Zoning and Appeals Board a. Establishment There is hereby established a board to be known as the city Planning, Zoning and Appeals Board. The Planning, Zoning and Appeals Board shall consist of eleven voting members, one alternate member to be appointed in the manner hereinafter set out in this section, and one ex -officio, non-voting member appointed by the school board. The school board appointee shall be invited to attend such meetings at which comprehensive plan amendments, re -zonings and Special Area Plans are considered which, if granted, increase residential density. The school board appointee shall not be counted in determining whether a quorum is present at any meeting. b. Functions, Powers and Duties The authority of the Planning, Zoning and Appeals Board shall extend only to those areas within the city that are regulated by the Miami 21 Code. Within that area, and with the assistance of the planning department and all other city departments as necessary, the functions, duties and powers of the Planning, Zoning and Appeals Board shall be: 1. To act as the local planning agency only for the area of the city regulated by the Miami 21 Code, pursuant to § 163.3174, Florida Statutes. 2. To serve as the local land development regulation commission pursuant to § 163.3194(2), Florida Statutes, only for the area of the city regulated by the Miami 21 Code. 3. To prepare and recommend to the City Commission ordinances, regulations and other proposals promoting orderly development for the area of the city regulated by the Miami 21 Code. VII.5 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 4. To make or cause to be made any necessary special studies on the location, adequacy and conditions of specific facilities in the area of the city regulated by the Miami 21 Code. These may include, but are not limited to, studies on housing, commercial and industrial conditions and public facilities, recreation, public and private utilities, conservation of natural resources, roads and traffic, transportation, parking and the like. 5. To determine whether proposed developments of regional impact conform to the requirements of the Miami 21 Code, and with § 380.06, Florida Statutes, and to make recommendations to the City Commission in that regard. When acting in this capacity, its work shall be deemed advisory and recommendatory, and only advisory and recommendatory, to the City Commission. 6. To determine whether Special Area Plans and rezonings that are regulated by the Miami 21 Code conform to the requirements of the Miami 21 Code, and to make recommendations to the City Commission in that regard. When acting in this capacity, its work shall be deemed advisory and recommendatory, and only advisory and recommendatory, to the City Commission. 7. To determine whether specific proposed developments that are regulated by the Miami 21 Code and that require an approval of an Exception conform to the requirements of the Miami 21 Code. In performing its authority to grant, deny or grant with conditions an Exception, the board shall serve as a quasi- judicial body and observe the requirements of quasi-judicial procedures as set out in the Miami 21 Code and under applicable state law. 8. Rescission: The board, after a quasi-judicial hearing, may rescind, modify or change any resolution granting an Exception if, upon application filed by the Director at any time after the grant of special Exception, the board finds that there has been a violation of any conditions, restrictions or limitations in the subject resolution. Such a hearing shall not be held until published notice (per section 62-129 of the City Code) has first been given. If the Director, upon written request of any aggrieved party, refuses or fails to make an application for such rescission, modification or change, the aggrieved party may request the City Commission, through the city manager, to instruct the Director to do so. The decision of the board shall be appealable to the City Commission in the same manner as an appeal of a board decision regarding an Exception. 9. To determine whether an application for a Variance conforms to the requirements of the Miami 21 Code. In performing its authority to grant, deny or grant with conditions a Variance, the board shall serve as a quasi-judicial body and observe the requirements of quasi-judicial procedures as set out in the Miami 21 Code and under applicable state law. 10. To hear, de novo, and make a ruling on an appeal of the following administrative decisions: VII.6 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 (a) An administrative determination by the Planning Director; (b) The decision of the Planning Director regarding a Waiver; (c) The decision of the Planning Director regarding an administrative Warrant; (d) A zoning interpretation by the Zoning Administrator; (e) The decision of the Zoning Administrator regarding zoning approval,or a certificate of use. In performing its appeal authority, the board shall serve as a quasi-judicial body and observe the requirements of quasi-judicial procedures as set out in this Code and under applicable state law. 11. The Planning, Zoning and Appeals Board shall perform such other functions as may be given it by the City Commission. c. Appointments; qualifications No appointment shall be made by the City Commission to membership or alternate membership on the Planning, Zoning and Appeals Board until the city clerk has given at least thirty (30) days notice of the vacancies in a newspaper of general circulation in the city of the vacancies. The City Commission shall solicit and encourage the public, professional and citizen organizations within the area having interest in and knowledge of the purpose and functions of the Board to submit names of persons and their qualifications for consideration as prospective appointees to the Board. At least five (5) days prior to the making of any appointment, the city clerk shall publicly notice that the list of names thus submitted and the names of candidates submitted by the City Commission, together with a short statement of the qualifications of each person, is prepared and available for public inspection and consideration. No person shall be appointed to the Board whose name and qualifications have not been made publicly available in the manner set out herein. In reaching a decision on an appointment, the City Commission shall give due consideration to the qualifications thus submitted. 2. Nomination. Each City Commissioner shall nominate candidates to serve the terms of two members of the board, taking into consideration the required qualifications for membership as provided herein. 3. Terms of office. The terms of office shall be the later of those terms provided under section 2-885 of the City Code. 4. Qualifications. It is intended that members and alternate members of the board be persons of knowledge, experience, mature judgment, and background; having ability and desire to act in the public interest; and representing, insofar as may be possible, the various special professional training, experience, and interests required to make informed and equitable decisions concerning preservation and appropriate development of the VII.7 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 physical environment. To that end, qualifications of members and alternate members shall be as follows: (a) One (1) member shall be an architect registered in the state. (b) One (1) member shall be a landscape architect registered in the state. (c) One (1) member shall be a historian or architectural historian qualified by means of education or experience and having demonstrated knowledge and interest in county history or architectural history. (d) One (1) member shall be an experienced real estate broker licensed by the state. (e) One (1) member shall be an experienced city planner or developer. (f) One (1) member shall be experienced in engineering. (g) Six (6) members shall be citizens with demonstrated knowledge and interest in the appropriate growth and development of the city, and may also qualify under any of the above categories. (h) One (1) alternate member shall qualify under one of the above categories. 5. The City Commission shall appoint the Board members from the nominations made by each City Commissioner, for ten members of the Board. The mayor shall appoint one member and the alternate member. Appointees shall be persons in a position to represent the public interest, and no person shall be appointed having personal or private interests likely to conflict with the public interest. No person shall be appointed who has any interest in the profits or emoluments of any contract, job, work, or service for the City. No person shall be appointed who holds any elective office or is employed in a full-time capacity by any governmental authority in the County or the City. Before making any appointment, the City Commission shall determine that the person so appointed satisfies the requirements of sections 2-611 et seq. of the City Code, and no person shall be confirmed in appointment who has not filed the statement required by section 2-615 of the City Code. In addition, the code of ethics of Miami -Dade County shall apply to members and the alternate member of the Planning, Zoning and Appeals Board. 6. Persons appointed shall be electors of the City and otherwise meet the requirements of Chapter 2, Article XI of the City Code. 7. No member or alternate member of the Planning, Zoning and Appeals Board shall be confirmed in his appointment until he signs a statement agreeing to participate in at least one seminar on planning or zoning to be held in Florida or elsewhere, and approved by the City, during the course of each calendar year he shall remain a member or alternate member of the Board. Failure to meet this requirement each and every year after assuming Board membership or alternate membership may be grounds for removal. 8. Vacancies (a) Vacancies in the membership or alternate membership of the Planning, Zoning and Appeals Board shall be filled by the City Commission and VII.8 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 mayor by appointment in the manner herein set out and for the unexpired term of the member or alternate member affected, provided the City Commission may appoint an alternate member of the board to a vacancy as a full member of the Board without resort to the procedural requirements of paragraph (1) above. (b) The Executive Secretary of the Planning, Zoning and Appeals Board shall notify the city clerk within ten days after a vacancy occurs, and the city clerk shall promptly transmit such information to the City Commission for appropriate commission action as set out herein. 9. Removal (a) Members and alternate members of the Board may be removed for cause by the City Commission upon the votes of not less than three members of the commission, upon written charges and public hearing, if the member and the alternate member affected requests such public hearing. (b) There is hereby established a point system. Each member and the alternate member of the Planning, Zoning and Appeals Board who arrives after the beginning of the first agenda item or leaves before the termination of the last agenda item, at a regularly scheduled meeting of the Board, shall receive two points. Any member and the alternate member of the Board who accumulates more than 15 (fifteen) points in one calendar year shall be brought to the attention of the City Commission for its consideration of removal of the member. (c) Notwithstanding paragraph (b) above, any member or alternate member of the Board who is absent, for whatever reason, from more than five meetings in one calendar year shall be brought to the attention of the City Commission for its consideration of removal of the member. 10. Compensation. Members and alternate members of the Planning, Zoning and Appeals Board shall receive a remuneration of $1.00 per year. The City Commission shall make provision for the payment of actual and necessary expenses, in accordance with City policy, for the attendance of each member and alternate member of the Board at one City -authorized planning or zoning seminar or conference each calendar year to be held in Florida. d. Proceedings of the Board Officers and voting. The Planning, Zoning and Appeals Board shall select a chairman and vice-chairman from among its members and may create and fill such other offices as it may determine. All members, or the alternate member sitting in the place of a member, shall be required to vote on matters before the Planning, Zoning and Appeals Board, subject to the provisions of subsections (e) and (f) of this section and applicable Florida Statutes. The Planning Director shall attend all meetings of the board. The Office of Hearing Boards, or its successor, shall be the executive secretary of the Planning, Zoning and Appeals Board. VII.9 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 2. Rules of procedure. The Planning, Zoning and Appeals Board shall establish rules of procedure necessary to its governing and the conduct of its affairs, in keeping with the applicable provisions of Florida law, and the City charter, ordinances and resolutions. Such rules of procedure shall be available in written form to persons appearing before the Board and to the public upon request. Quasi-judicial procedures as provided in this Miami 21 Code and as required by state law shall apply to its decisions and recommendations, including rezonings, Special Area Plans; Exceptions; Variances; and appeal decisions by the Board. 3. Meetings. The Planning, Zoning and Appeals Board shall hold at least two regularly scheduled meetings each month, except the month of August, on days to be determined by the Board. Other regularly scheduled meetings may be set by the Board, and additional meetings may be held at the call of the chairman and at such other times as the board may determine. Meetings that are not regularly scheduled shall not be held without at least ten (10) days' written notice to each member and the alternate member, provided that upon concurrence of the chairman of the Planning, Zoning and Appeals Board and the City Manager, an emergency meeting may be called at any time and with appropriate notice. 4. Quorum; public records. Quorum requirements are governed by the provisions of section 2-887 of the City Code. However, no action to recommend adoption of amendments to the city Comprehensive Plan, or to recommend the amendment of the text of the Miami 21 Code, rezoning, or Special Area Plan, or to approve an Exception shall be taken without the concurring votes of at least seven members of the Board. The Executive Secretary of the Planning, Zoning and Appeals Board shall keep minutes of Board proceedings, showing the vote of each member or alternate member, if sitting for a member, or if absent or failing to vote under paragraphs five (5) and six (6) below, indicating such fact. It shall be the responsibility of the executive secretary of the Planning, Zoning and Appeals Board to handle all procedural activities for all public hearings held by the Board, including the preparation of detailed minutes and official records of such hearings. The official records of such public hearings shall be filed with the City Clerk. 5. Status of alternate member. In the temporary absence or disability of a member, or in an instance where a member is otherwise disqualified to sit on a particular matter, the chairman of the Planning, Zoning and Appeals Board, or the vice-chairman in his absence, shall designate the alternate member to sit as a Board member to obtain a full membership of nine or, as nearly as possible, a full membership. When so acting, the alternate member shall have full rights of participation and voting as members; his vote shall be deemed that of a member in reaching a decision on a matter. In instances where the alternate member is not sitting as a member, he shall have the right to participate in Board discussions and to ask questions, but he shall have no right to vote or make motions. Where the alternate member has been duly designated to sit as a member on a particular matter and consideration of that matter has begun, the alternate shall continue to sit as a V11.10 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 Board member through disposition of the matter; and he shall not be replaced, should the member in whose stead he is sitting later be present. 6. Disqualification of members or alternate. If any member of the Planning, Zoning and Appeals Board or the alternate member called on to sit in a particular matter shall find that his private or personal interests are involved in the matter coming before the Board, he shall, prior to the opening of the hearing on the matter, disqualify himself from all participation of whatsoever nature in the cause. Alternatively, he may be disqualified by the votes of not less than five (5) members of the Board, not including the member or alternate member about whom the question of disqualification has been raised. No member or alternate member of the Board may appear before the City Commission, Planning Advisory Board, Zoning Board or Planning, Zoning and Appeals Board as agent or attorney for any other person. e. All city departments and employees shall, under the direction of City Manager and upon request and within a reasonable time, furnish to the Planning Department such available records or information as may be required in the work of the Planning, Zoning and Appeals Board. The City Manager shall assign a member of the Public Works Department, Planning Department, Zoning Office, Neighborhood Enhancement Team, the Code Enforcement Department and Fire - Rescue Department, or their successors, to attend public hearings of the Board and to advise the Board when necessary, and to furnish information, reports and recommendations upon request of the Board. The City Attorney shall attend public hearings of the Board to advise the Board when necessary and to furnish information, reports and recommendations upon request of the Board. The Planning, Zoning and Appeals Board or representatives of the Planning Department may, in the performance of official duties, enter upon lands and make examinations or surveys in the same manner as other authorized city agents or employees and shall have other powers as are required for the performance of official functions in carrying out the purposes and responsibilities of the Board. V11.11 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 7.1.1.5 City Commission The City Commission, in addition to its duties and obligations under the City Charter, the City Code, and other applicable law, shall have the following duties specifically in regard to the Miami 21 Code: a. To approve, deny or approve with conditions applications for developments of regional impact pursuant to Chapter 380, Florida Statutes. b. To consider and act upon proposed amendments, including rezoning, to the Miami 21 Code, after consideration of the recommendation by the Planning, Zoning and Appeals Board. c. To consider and act upon proposed Special Area Plans, after consideration of the recommendation by the Planning, Zoning and Appeals Board. d. To consider and act upon proposed amendments to the Comprehensive Plan which relate to the Miami 21 Code, after consideration of the recommendation by the Planning, Zoning and Appeals Board. e. To hear appeals of the ruling of the Planning, Zoning and Appeals Board on the appeal of a zoning interpretation, planning determination, Variance or Exception. f. To consider and adopt ordinances, regulations and other proposals as it deems appropriate for promoting orderly development within the areas of the city that are regulated by the Miami 21 Code. g. To establish a schedule of fees and charges for the applications made pursuant to the Miami 21 Code. h. To appoint members to the Planning, Zoning and Appeals Board, as set forward in this Miami 21 Code. 7.1.2 Permits The permits that may be necessary to develop property under the Miami 21 Code include the following: zoning approval (by right); planning determination; zoning interpretation; administrative Warrant; Waiver; Exception; Variance; and amendment to the code (including text amendments, rezoning and Special Area Plans). The permits are illustrated in Diagram 12. Permits issued in error shall convey no rights to any party. 7.1.2.1 Permitted Uses A building permit for those permitted uses as set forth in Table 3 of this Code shall be approved as a matter of right when it meets all of the applicable standards of the VII.12 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 Miami 21 Code, and the other specific requirements that may be enumerated elsewhere in the City Code. a. Zoning approval A building permit shall be issued only after a zoning approval from the Zoning Administrator has been obtained indicating that the proposal is consistent with the Miami 21 Code. Upon an affirmative finding by the Zoning Administrator that plans and application submitted are complete and in compliance with the requirements of the Miami 21 Code, an approval shall be entered on the application and on the applicable building permit and, if otherwise lawful, the permit shall be issued to the applicant, together with one copy of the approved plan. If the application and plan are not in full in compliance with the requirements of the Miami 21 Code, the application shall not be approved and the applicant notified in writing of the reasons for such decision, with citation to the legal authority for any denial of a permit. b. Certificate of use 1. For new or altered structures and uses. No person shall use or permit the use of any structure or premises hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, in use or in structure, until a certificate of use reflecting use, extent, location, and other matters related to Miami 21 Code shall have been issued to the owner or tenant. Application shall be made to the Zoning Administrator on forms provided therefore. The Zoning Administrator shall issue the certificate of use (or to approve its issuance where final responsibility for issuance lies with other officers or agencies) if he finds that all the requirements of the Miami 21 Code have been met, and to withhold such certificate (or to prohibit its issuance) unless he finds that all of the requirements of the Miami 21 Code have been met. If the certificate of use is denied, the denial shall provide a citation to the legal authority for any denial. No certificate of use is necessary for fewer than three (3) single-family structures, attached or detached, on a lot or for fewer than two (2) duplex structures on a Lot. 2. Certificates of use for other existing uses. Any owner or tenant engaged in existing use of structures or premises, other than a nonconforming use at the time of the adoption of this Miami 21 Code, may apply for a certificate of use certifying that such use is lawful under this code. The Zoning Administrator if necessary shall inspect to determine the facts in the case and to either issue the certificate if the administrator finds the use lawful, or to withhold the certificate and take such remedial action as is appropriate if the administrator finds otherwise. A denial shall include a citation to the legal authority for the denial. 3. No certificate of use shall be issued for buildings for which code compliance proceedings are pending. VII.13 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 c. Building permits or certificates of use issued by the Zoning Administrator on the basis of plans and applications authorize only the use, arrangement, and construction set forth in the approved plans and applications, subject to any conditions or safeguards attached thereto, and no other. Use, arrangement, or construction at variance with that authorized, or failure to observe conditions and safeguards, shall be deemed a violation of this Miami 21 Code. 7.1.2.2 City Request for Planning Determination of Use Where there is substantial doubt as to whether a particular use or uses, or classes of uses or characteristics of use not specifically identified in the Miami 21 Code are of the same general character as those listed as permitted, by Warrant or by Exception, the Planning Director shall make a written determination in the matter. The Planning Director shall give due consideration to the intent of this Miami 21 Code concerning the Transect Zone involved and the character of the use or uses in question. Requests for such determinations shall be made only by officers or agencies of the City and may originate during the permit process. However, such requests shall not involve those circumstances where the Zoning Administrator has made a negative finding on a zoning interpretation, in which case appeal may be taken to the Planning, Zoning and Appeals Board and then to the City Commission, as set forth in section 7.1.2.3. a. Notifications concerning determinations. Upon making his determination, the Planning Director shall notify any other officer or agency of the city likely to be affected by such ruling and all NET offices. Additionally, notice of the determination shall be published to the public on the official city website. b. Effect of findings. If, in making the determination, the Planning Director finds that the particular use or class of use or characteristics of use are of unusual or transitory nature, or are unlikely to recur frequently, and unless his determination is reversed on grounds of error on appeal to the Planning, Zoning and Appeals Board or the City Commission, the determination shall thereafter be binding on all officers and agencies of the city as an administrative ruling, and without further action on or amendment to the Miami 21 Code. Where the Planning Director finds, in making the determination, that the particular use or class of use or characteristics of use are likely to be common or recurrent, and that omission of specific reference in the Miami 21 Code is likely to lead to public uncertainty and confusion, the Director shall initiate a proposed amendment to the Miami 21 Code to rectify the omission. Until final action has been taken on such proposed amendment, the determination of the Director shall VII.14 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 be binding on all officers and agencies of the city as an interim administrative ruling. c. Appeal to Planning, Zoning and Appeals Board An appeal of a planning determination, if sought, shall be de novo and taken to the Planning, Zoning and Appeals Board, and must be initiated within fifteen (15) calendar days of the publication of the determination on the City's official website. The Board shall determine whether the administrative determination is upheld or rescinded. The ruling of the Planning, Zoning and Appeals Board may be further appealed to the City Commission, and must be filed with the Office of Hearing Boards within fifteen (15) calendar days of the Board's issuance of its ruling. 7.1.2.3 Zoning Interpretation Except where the Miami 21 Code specifically places responsibility in other officers or agencies, questions of interpretation of this code shall first be presented to the Zoning Administrator. a. Notifications concerning interpretations. Upon making his interpretation, the Zoning Administrator shall notify the party requesting the interpretation, as well as any other officer or agency of the City likely to be affected by such ruling and all NET offices, and shall post the interpretation on the City's official website. b. Appeal to Planning, Zoning and Appeals Board. An appeal of a zoning interpretation, if sought, shall be de novo and presented to the Planning, Zoning and Appeals Board within fifteen (15) calendar days of the publication of the interpretation on the City's official website. The Planning, Zoning and Appeals Board shall determine whether the administrative interpretation is upheld or rescinded. The ruling of the Planning, Zoning and Appeals Board may be further appealed to the City Commission, and must be filed with the Office of Hearing Boards within fifteen (15) calendar days of the Board's issuance of its ruling. 7.1.2.4 Administrative Warrant The administrative Warrant permits those uses listed in Table 3 of this Code as requiring a Warrant, upon review by the Planning Director or with the additional review of the Coordinated Review Committee. a. Prior to submitting an application for an administrative Warrant, the prospective applicant shall meet with the Zoning Administrator and the Planning Director to V11.15 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 obtain information and guidance as to matters related to the proposed application. b. Required notice and hearing. At the time of initial application, the applicant shall notify all abutting property owners, including those across a street or alley, by certified mail. In the case of abutting condominiums, only one notice to the condominium association need be sent. Additionally, at the time of initial application, the applicant shall obtain from the Department of Planning the list of all registered Neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the official representatives of all such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. The applicant shall submit the certified receipts from all notices to the Department of Planning at the time of application. The decision on a Warrant shall be posted on the City website within five (5) days of the written decision. Failure to give notice under this section shall not invalidate a decision on a Warrant. c. Review and approval process. The Planning Director shall review each application for an administrative Warrant for completeness. If the administrative Warrant application involves a project in excess of two hundred thousand (200,000) square feet of floor area, it shall be referred to the Coordinated Review Committee, which shall review the application and provide its comments and recommendations to the Planning Director. 2. Applications for projects equal to or less than two hundred thousand (200,000) square feet of floor area shall be reviewed by the Planning Director and the Zoning Administrator without need for review by the Coordinated Review Committee, unless the Planning Director determines that review by the Coordinated Review Committee is necessary. Where there is no referral to the Coordinated Review Committee, the Planning Director shall issue an intended decision within twenty-one (21) calendar days of a determination that the application is complete. The applicant shall have seven (7) calendar days from receipt of the notice of the intended decision to request a conference with the Planning Director to discuss revisions or additional information regarding the application. Within ten (10) calendar days of the conference, or if no conference is requested, the Planning Director shall issue written findings and determinations regarding the applicable criteria set forth in this section and any other applicable regulations. The applicant and the Planning Director may mutually consent to an extension of the time for VII.16 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 issuance of the final decision. The findings and determinations shall be used to approve, approve with conditions or deny the Warrant application. 3. Approvals shall be granted when the application complies with all applicable regulations; conditional approvals shall be issued when the applications require conditions in order to be found in compliance with all applicable regulations; denials of applications shall be issued if after conditions and safeguards have been considered, the application still fails to comply with all applicable regulations. The Director shall include a citation to the legal authority for any denial of a Warrant. 4. A Warrant shall be valid for a period of one year during which a building permit or certificate of use must be obtained. This excludes a demolition or landscape permit. A one time extension, for a period not to exceed an additional year, may be obtained if approved by the Planning Director. d. Review criteria. As appropriate to the nature of the administrative Warrant involved and the particular circumstances of the case, the following criteria shall apply to an administrative Warrant application. The application shall be reviewed for compliance with this Code. The review shall consider the intent of the Transect, the intent of the Miami 21 Code, and the manner in which the proposed use will operate given its specific location and proximity to less intense uses. Particular consideration shall be given to protecting residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts and the spillover effect of light. e. Appeal to the Planning, Zoning and Appeals Board. Appeal of the determination of the Planning Director shall be de novo and taken to the Planning, Zoning and Appeals Board, within fifteen (15) calendar days of the posting of decision by the Planning Director on the City's website. 7.1.2.5 Administrative Waiver The administrative Waiver permits specified deviations from the Miami 21 Code consistent with the intent of this code. An administrative Waiver may not be granted if it conflicts with the City Code or the Florida Building Code. a. Applications for Waivers shall be allowed as provided specifically in this Code, which include: 1. Setbacks where the property to be developed abuts an existing building to match or make a transition to adjacent Setbacks. (Article 3, Section 3.3.6; Article 5, Sections 5.5.1.h and 5.6.1.h) VII.17 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 2. The relaxation of Setbacks or required off-street parking for preservation of natural features of land (Article 3, Section 3.6.1.c). 3. Adjustments to Setbacks for Principal buildings (Article 5, Section 5.3.1.f; 5.4.1.f.) 4. Decrease of required parking by thirty percent (30%) within the half -mile radius of a TOD (Article 5, Sections 5.3.4; 5.4.4; 5.5.4 and 5.6.4). 5. Extensions above maximum heights for church spires, steeples, belfries, monuments, water towers, flagpoles, vents or similar structures. (Article 5, Sections 5.3.2.f; 5.4.2.g; 5.5.2.h; 5.6.2.h and 5.8.2.g) 6. Vehicular entries, loading docks and service areas on Principal Frontages (Article 5, Sections 5.4.2.e; 5.5.2.e; 5.6.2.f) 7. Required parking for T4 or T5 within one-quarter mile of the site that it serves (Article 5, Sections 5.4.4.c; 5.5.4.c and 5.6.4.c). 8. Replacement of Streetscreen by a hedge or fence (Article 5, Sections 5.5.2.i; 5.6.2.j and 5.8.2.h). 9. Vehicular entries spacing less than sixty (60) feet. (Article 5, Section 5.5.4.f and 5.6.4.f). 10. Adjustments to setbacks above the eighth floor for lots having one dimension less than one hundred (100) feet (Article 5, Section 5.6.1.h and 5.6.1.1). 11. Parking for Civic Institutions (Section 5.7.2.4). 12. Industrial uses requiring additional height in D2 (Article 5, Section 5.8.2.f). 13. Extensions of docks into Biscayne Bay or other waterways in T6, D1 and D2 (Article 6, Section 6.2.2.4). 14. Drive through and drive-in facilities (Article 6, Section 6.3.3.1). 15. Off-street parking spaces whose location requires that cars back into a street or alley (Article 6, Section 6.7.1.1). 16. Parking reductions for elderly housing (Article 6, Section 6.7.1.3) and housing for low income families (Article 6, Section 6.7.1.4). 17. Deferral of parking (Article 6, Section 6.7.1.6). 18. Barbed wire fences in D1 and D2 (Article 6, Section 6.9). VII.18 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 19. The individual development of nonconforming Lots with continuous Frontage in the same ownership which meet the eighty-five percent (85%) rule in Section 7.2.2.a of this Code. 21. Lot aggregation for nonconforming, adjacent duplex Lots for use of a limited number of single-family homes (Section 7.2.2). 22. Restoration of structures that are nonconforming as provided in Sections 7.2.3 and 7.2.4 in the event of destruction, or alterations to or moving or a nonconforming structure. 23. Moving of a nonconforming structure on its own lot pursuant to Section 7.2.4 of this Code. 24. Alterations to nonconforming principal or accessory structures as provided in Section 7.2.4 of this Code. 25. Modification to nonconforming off-street parking facilities involving restoration or rehabilitation of an existing building or an adaptive use, pursuant to Section 7.2.5 of this Code. 26. Changes that reduce or do not increase a nonconforming characteristic of use as provided in Section 7.2.5 of this Code. 27. Modification of the landscaping for a nonconforming outdoor advertising sign (Sections 7.2.6.3 and 7.2.6.5). 28. 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 may be granted when doing so promotes the intent of the particular Transect Zone where the proposal is located 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 achievable maximum density, height, or floor plate for the Transect shall not be considered grounds for the granting of a Waiver. This reduction cannot be combined with any Waivers of the same standards. b. Prior to submitting an application for an administrative Waiver, the prospective applicant shall meet with the Zoning Administrator and the Planning Director to obtain information and guidance as to matters related to the proposed application. c. Required notice and hearing. At the time of initial application, the applicant shall notify all abutting property owners, including those across a street or alley, by certified mail. In the case of abutting condominiums, only one notice, by certified mail, to the condominium association shall be sent. VII.19 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 Additionally, at the time of initial application, the applicant shall obtain from the Department of Planning the list of all registered Neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the official representatives of such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. The applicant shall submit the certified receipt(s) from all notices to the Department of Planning at the time of the application. The decision on a Waiver shall be posted on the City website within five (5) days of the written decision. Failure to give notice under this section shall not invalidate a decision on a Waiver. d. Review and approval. The Planning Director shall review the Waiver application and proposed project associated with the application and the Zoning Administrator's recommendation, and shall issue written findings and determinations in regard to the standards of the Miami 21 Code within ten (10) calendar days of receiving the Zoning Administrator's recommendation. The Planning Director shall approve, approve with conditions or deny the administrative Waiver application. The Director shall include a citation to the legal authority for any denial of a Waiver. Approvals shall be granted when the application complies with all applicable regulations; conditional approvals shall be issued when such applications require conditions in order to be found in compliance with all applicable regulations; denials of applications shall be issued if, after conditions and safeguards have been considered, the application still fails to comply with all applicable regulations. e. Appeal to the Planning, Zoning and Appeals Board. Appeal of the determination of the Planning Director shall be de novo and taken to the Planning, Zoning and Appeals Board, within fifteen (15) calendar days of the posting of decision by the Planning Director on the City's website. f. A Waiver shall be valid for a period of one (1) year during which a building permit or certificate of use must be obtained. This excludes a demolition or landscape permit. A one time extension, for a period not to exceed an additional year, may be obtained upon approval by the Planning Director. 7.1.2.6 Exception As identified in Table 3 of this Code, a use may be permitted by Exception in specific Transect Zones if it conforms to criteria of this Miami 21 Code. Exceptions may also be permitted as provided in this Code, such as for adjustments to nonconformities as VII.20 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 provided in section 7.2. The Planning, Zoning and Appeals Board shall determine whether an Exception may be granted. a. Prior to submitting an application for an Exception under this Code, the prospective applicant shall meet with the Zoning Administrator and the Planning Director to obtain information and guidance as to matters related to the proposed application. b. Review by Planning Director and Coordinated Review Committee. 1. After review for completeness of application by the Hearing Board's office, it shall be referred to the Planning Director. 2. If the Exception application meets or exceeds two hundred thousand (200,000) square feet of floor area it shall be referred to the Coordinated Review Committee, which shall review the application and provide its comments and recommendations to the Planning Director. 3. Applications for projects equal to or less than two hundred thousand (200,000) square feet of floor area shall be reviewed by the Planning Director and the Zoning Administrator without need for review by the Coordinated Review Committee, unless the Planning Director and Zoning Administrator determine that review by the Coordinated Review Committee is necessary. 4. As appropriate to the nature of the Exception involved and the particular circumstances of the case, the following criteria shall apply to an application for an Exception. In addition, the application shall be reviewed for compliance with the regulations of this Code and a traffic study shall be provided as required by the Planning Director. The review shall consider the manner in which the proposed use will operate given its specific location and proximity to less intense uses. Particular consideration shall be given to protecting residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts and the spillover effect of light. 5. The Director shall prepare recommendations and within thirty (30) calendar days of a complete application transmit the recommendations to the Hearing Board's office to be placed on the agenda of the Planning, Zoning and Appeals Board. If the application is required to be reviewed by the Coordinated Review Committee, the Planning Director shall cause the application to be placed on the agenda of the Planning, Zoning and Appeals Board within twenty-one (21) calendar days of the recommendation of the Coordinated Review Committee. c. Decision by the Planning, Zoning and Appeals Board. 1. Notice and hearing. A quasi-judicial hearing shall be held on the application for Exception. VII.21 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 The City shall notify all owners of property within 500 feet of the property line of the land for which the hearing is required, by certified mail, of the time and place of the hearing by the Planning, Zoning and Appeals Board at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the official representatives of such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Failure to give notice under this section shall not invalidate a decision on an Exception. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62 of the City Code. 2. Review and findings. The Planning, Zoning and Appeals Board shall give full consideration to the Planning Director's recommendations, and shall determine whether to grant an application for Exception, to grant with conditions and safeguards or to deny the application. The Planning, Zoning and Appeals Board shall issue written findings that the applicable requirements of the Miami 21 Code have or have not been met. The Planning, Zoning and Appeals Board shall include a citation to the legal authority for any denial of an Exception. d. Appeal to the City Commission. Appeal of the determination of the Planning, Zoning and Appeals Board shall be de novo and taken to the City Commission, pursuant to section 7.1.5 of this Miami 21 Code. Notification of the appeal shall be provided by the City in the same manner as provided for the original application in section 7.1.2.6.c. of this Code. e. An Exception shall be valid for a period of one (1) year during which a building permit or certificate of use must be obtained. This excludes a demolition or landscape permit. A one (1) time extension, for a period not to exceed an additional year, may be obtained upon approval by the Planning Director. VII.22 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 7.1.2.7 Variance a. Variance defined; limitations. A Variance is a relaxation of the terms of the Miami 21 Code, and is permitted only in those exceptional circumstances when such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of the Miami 21 Code would result in unnecessary and undue hardship on the property. A Variance shall be authorized only for Lot size, Lot coverage, dimensions of side or rear Setbacks, parking and loading requirements, and Open Space requirements. Variances shall be prohibited for anything not included in the listing above, except as specifically provided by this Code. A Variance from the terms of the Miami 21 Code shall not be granted unless and until every mitigating measure to offset the impact of the relaxed requirement can be shown to have been taken. Regulations of this Miami 21 Code that are not eligible for adjustment by Variance may be eligible for administrative Waiver. See section 7.1.2.5. Unachievable maximum density, Height, or floorplate, nonconforming use of neighboring lands, structures or Buildings in the same Transect, and permitted use of lands, structures or Buildings in any other Transect, shall not be considered grounds for the granting of a Variance. b. Criteria for approval. An application for a Variance shall be approved only if it demonstrates all of the following: 1. Special conditions and circumstances exist that are peculiar to the land, structure or building involved and that are not applicable to other lands, structures, or buildings in the same Transect; 2. The special conditions and circumstances do not result from the actions of the applicant; 3. Literal interpretation of the provisions of the Miami 21 Code deprives the applicant of rights commonly enjoyed by other properties in the same Transect Zone and results in unnecessary and undue hardship on the applicant; 4. Granting the Variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings or structures in the same Transect Zone; 5. The Variance, if granted, is the minimum Variance that makes possible the reasonable use of the land, building, or structure; and 6. The grant of the Variance is in harmony with the general intent and purpose of the Miami 21 Code, and is not injurious to the Neighborhood, or otherwise detrimental to the public. VII.23 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 c. Prior to submitting an application for a Variance under this code, the prospective applicant shall meet with the Zoning Administrator and the Planning Director to obtain information and guidance as to matters related to the proposed application. d. Review by Planning Director. The Hearing Boards Office shall review each application for a Variance for completeness. The Planning Director shall prepare recommendations, and within thirty (30) calendar days of a complete application transmit the recommendations to the Hearing Boards Office to be placed on the agenda of the Planning, Zoning and Appeals Board. e. Review by the Planning, Zoning and Appeals Board. 1. Notice. A quasi-judicial hearing shall be conducted by the Planning, Zoning and Appeals Board on the Variance application. Formal public notice of hearing by the Planning, Zoning and Appeals Board of the application shall be issued. The City shall notify all owners of property within 500 feet of the property line of the land for which the hearing is required, by certified mail, of the time and place of the hearing by the Planning, Zoning and Appeals Board at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the official representatives of such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Failure to give notice under this section shall not invalidate a decision on a Variance. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62 of the City Code. 2. Decision by the Planning, Zoning and Appeals Board. VII.24 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 The Planning, Zoning and Appeals Board shall consider the recommendations of the Planning Director, conduct a quasi-judicial hearing, and shall issue written findings that the application meets or does not meet the applicable criteria allowing for a Variance from the regulations of the Miami 21 Code. The Planning, Zoning and Appeals Board shall include a citation to the legal authority for any denial of a Variance. 3. Conditions and safeguards. In any Variance, the Planning, Zoning and Appeals Board may prescribe appropriate mitigating conditions and safeguards in conformity with the Miami 21 Code. Violation of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of the Miami 21 Code and grounds for revocation of the Variance. f. Appeal of decisions. Appeal of the decision of the Planning, Zoning and Appeals Board shall be made to the City Commission, as a de novo hearing, and as set forth in section 7.1.5 of this code. Notification of the appeal shall be provided by the City in the same manner as provided for the original application in section 7.1.2.7.e. of this Code. g. A project for which the Variance has been obtained shall be valid for a period of one (1) year during which a Building permit or certificate of use must be obtained. This excludes a demolition or landscape permit. A one time extension, for a period not to exceed an additional year, may be obtained upon approval by the Planning Director. 7.1.2.8 Amendment to Miami 21 Code a. Successional Zoning. The City's growth and evolution over time will inevitably require changes to the boundaries of certain Transect Zones. These changes shall occur successionally, in which the zoning change may be made only to the next intensity Transect Zone or to a Special Area Plan, and in a manner which maintains the goals of this Code to preserve Neighborhoods and to provide transitions in intensity and Building Height. Notwithstanding the above, when a Cl zoned property ceases to be used for Civic functions, the property shall be rezoned, only to the next higher intensity Transect Zone from the lowest intensity abutting Transect Zone. For a property of nine (9) acres or more, such a change shall involve a Special Area Plan as described in Article 3. Successional changes to zoning shall be made by amending the Miami 21 Atlas. b. The Miami 21 Code may be amended by amending the text of this Code, amending the Miami 21 Atlas (a rezoning), or both. Miami 21 Atlas amendments (rezoning, including Special Area Plans) may only be approved at two times of the year (excepting rezoning to a CS Transect Zone), which times shall be set yearly by the City Commission. The Planning, Zoning and Appeals Board shall VII.25 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 make recommendations to the City Commission for such amendments to the Miami 21 Code. Every two years, the city shall conduct a comprehensive review of the Miami 21 Atlas to determine if amendments are appropriate. c. The Miami 21 Code may be amended by amending the text of this Code or by amending the Miami 21 Atlas. Miami 21 Atlas amendments (also referred to as a "rezoning", including Special Area Plans) may only be applied for at two times of the year, which times shall be set yearly by the City Commission. A rezoning to a CS Transect Zone shall be exempt from the twice yearly schedule. The Planning, Zoning and Appeals Board shall make recommendations to the City Commission for such amendments to the Miami 21 Code. Every two years, the City shall conduct a comprehensive review of the Miami 21 Atlas to determine if amendments are appropriate. 2. Amendments to the text of the Miami 21 Code (including tables and diagrams) may be made only upon application of a city official and may be considered at any time during the year. d. Applications for rezoning (Miami 21 Atlas amendment). 1. Except where the proposal for the rezoning of property involves an extension of an existing Transect boundary, no rezoning of land shall be considered which involves less than forty thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one (1) street. Applications for rezoning may be made by: (a) The City Commission; (b) The Planning, Zoning and Appeals Board; (c) Any other department, board or agency of the City; (d) Any person or entity other than those listed in (a) through (c), above, provided that only the owner(s) or their agent(s) may apply for the rezoning of property. 2. Applications for rezoning shall be made on an application form as provided by the City which shall require, at a minimum, the following information: (a) Location of the property, including address and legal description (b) Survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application, including acreage. (c) Affidavit and disclosure of ownership of all owners and contract purchasers of the property, including recorded warranty deed and tax forms of the most current year. For corporations and partnerships, include articles of incorporation, certificate of good standing, and authority of the person signing the application. Non-profit organizations shall list members of the Board of Directors for the past year. VII.26 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 (d) Certified list of owners of real estate within five hundred (500) feet of the subject property. (e) Present zoning of the property and Future Land Use designation of the property. (f) At least two photographs that show the entire property. (g) An analysis of the properties within a one-half mile radius of the subject property regarding the existing condition of the radius properties and the current zoning and Future Land Use designations of the radius properties. The analysis shall include photos of Building elevations of both sides of the street extending three hundred (300) feet beyond all boundaries of the site. An aerial photo of the site and the radius properties shall be included. The analysis shall explain why the zoning change is appropriate and why the existing zoning is inappropriate, in light of the intent of the Miami 21 Code and particularly in relation to effects on adjoining properties. e. Review of application for code amendments by Planning Director. The Planning Director shall review each application for a code amendment. In addition, the Director shall review each rezoning application for completeness. The Director shall review the application in regard to whether the land use densities and intensities are compatible with and further the objectives, policies and land uses in the Comprehensive Plan, and whether the criteria in 7.1.2.8.g are met. The Planning Director shall prepare a recommendation on all code amendments to the Planning, Zoning and Appeals Board, with a statement regarding how each of the applicable criteria of this Miami 21 Code are met or not met. f. Review by the Planning, Zoning and Appeals Board. 1. Notice Formal public notice of hearing by the Planning, Zoning and Appeals Board of an application for a code amendment shall be issued in the following manner: The City shall notify all owners of property within 500 feet of the property line of the land for which the hearing is required, by certified mail, of the time and place of the hearing by the Planning, Zoning and Appeals Board at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the official representatives of such registered associations, by certified mail, of the application. Neighborhood and homeowner associations VII.27 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 who wish to receive such notice must register on an annual basis at their local NET offices. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Failure to give notice under this section shall not invalidate a decision on a code amendment. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62 of the City Code. 2. Review, findings and recommendation. (a) The Planning, Zoning and Appeals Board shall give full consideration to the Director's recommendations, and shall evaluate whether an application for a code amendment should be granted, granted with modifications or denied. (b) The Board shall conduct a hearing on text amendments and make its recommendations based on whether the criteria in this section are met. (c) The Planning, Zoning and Appeals Board shall conduct a quasi-judicial public hearing on rezoning applications, and make its recommendations based on whether the criteria in this section are met. g. Criteria. The recommendations of the Planning, Zoning and Appeals Board shall show that the board has considered and studied the application in regard to the following criteria: 1. For all amendments: (a) The relationship of the proposed rezoning to the purposes and objectives of the Miami Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the purposes of the Comprehensive Plan; the Miami 21 Code; and other city regulations. (b) The need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary. 2. For rezonings: A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity VII.28 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 and Building Height. Notwithstanding the above, when a Cl zoned property ceases to be used for Civic functions, the property shall be rezoned only to the next higher intensity Transect Zone from the lowest intensity abutting Transect Zone. For a property of nine (9) acres or more, such a change shall involve a Special Area Plan as described in Article 3. Successional changes to zoning shall be made by amending the Miami 21 Atlas. 3. For Special Area Plan rezonings: Special Area Plans shall be adopted by rezoning pursuant to the provisions of Section 3.8. h. City Commission action on board recommendations. 1. Notice and hearings. Upon receipt of the findings and recommendations regarding code amendments by the Planning, Zoning and Appeals Board, the City Commission shall hold at least two advertised public hearings on the proposed code amendments. Notice shall be given as follows: The City shall notify all owners of property within 500 feet of the property line of the land for which the hearing is required, by certified mail, of the time and place of the hearing by the City Commission at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the official representatives of such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Failure to give notice under this section shall not invalidate a decision on a code amendment. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62 of the City Code and by state statute. VII.29 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 2. Adoption. In the case of all proposed Miami 21 text or Miami 21 Atlas amendments, if the recommendation of the Planning, Zoning and Appeals Board is adverse to the proposal, such rezoning shall not be adopted except by the vote of at least three members of the City Commission. The City Commission may, by a vote of not less than three (3) members, approve the rezoning of property to a less intense Transect Zone than that applied for in situations where, in the opinion of the commission and upon the recommendation of the Planning Director, the specific rezoning applied for would work to the detriment of the health, safety or welfare of the surrounding Neighborhood, whereas a rezoning to a less intense Transect Zone would not. 3. Failure of City Commission to act. If a recommendation of the Planning, Zoning and Appeals Board is not legislatively decided within twelve(12) months from first reading by the City Commission, the application upon which the report and recommendation are based shall be deemed to have been denied. However, for amendments to the Comprehensive Plan and its corresponding Miami 21 Atlas amendment, the time period will be extended an additional twelve (12) months. In both instances, the provisions of sections 62-54 and 62-55 of the City Code will not apply unless otherwise required by the City Commission. No day of the month of August shall be counted in the administration of this section. 4. Limitation on further consideration after denial. Whenever the City Commission has denied an application for the rezoning of property, the Planning, Zoning and Appeals Board shall not thereafter: (a) Consider any further application for the same rezoning of any part or all of the same property for a period of eighteen months from the date of such action; (b) Consider an application for any other kind of rezoning on any part or all of the same property for a period of twelve months from the date of such action; or (c) Consider an application for rezoning that involves the same owner's property within two hundred (200) feet of property granted a change within a period of twelve (12) months. 5. Limitation on further consideration after rezoning. Whenever the City Commission has rezoned property, the Planning, Zoning and Appeals Board shall not thereafter consider any petition for rezoning of all or any part of the same property for a period of eighteen (18) months from the date of such action. VII.30 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 6. Limitation on further consideration after voluntary withdrawal of application. Whenever an applicant has voluntarily withdrawn an application for rezoning of property during either first or second reading before the City Commission, the Planning, Zoning and Appeals Board shall not thereafter consider an application for the same property for eighteen (18) months from the date of such action, nor consider an application for any kind of rezoning of any part or all of the same property for twelve (12) months from the date of such action. 7. Waiver of time limits. The time limits set forth in this subsection h. may be waived by a vote of at least three (3) members of the City Commission when such action is deemed necessary to prevent injustice or to facilitate development of the city in the context of the adopted Comprehensive Plan, or any portion thereof. 7.1.2.9 Sign Permits a. Application. Except for classes of signs exempted from permit requirements as specified in Section 6.8, all signs shall require permits. Applications for such permits shall be made, on forms provided by the city, and in addition shall provide at a minimum the following information: 1. A drawing to scale showing the design of the sign, including the dimensions, sign size, method of attachment, source of illumination, and showing the relationship to any Building or structure to which it is, or is proposed to be, installed or placed, or to which it relates; 2. A fully dimensional plot plan, drawn to scale, indicating the location of the sign relative to property line, right-of-way, streets, sidewalks, and other buildings or structures on the premises; 3. Number, size and location of all existing signs upon the same building, lot or premises, if applicable; and 4. Any other information required, if any, by the Florida Building Code. b. Permit identification required to be on sign. Any sign requiring a permit or permits shall be clearly marked with the permit number or numbers and the name of the person or firm responsible for placement of the sign on the premises. c. Approval of sign permit. A sign permit may be approved by the Zoning Administrator if the requirements and criteria set forth in this Code have been met; all other necessary approvals, if any, have been obtained; and all required fees have been paid. d. Transferability of sign permit. Permits, permit numbers or permit applications and attachments shall not be transferable to other sites. They are valid only for a specific sign structure at the specifically designated location subject to change of copy limitations in Section 6.8. If at any time a sign structure is altered, removed VII.31 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 or relocated in a manner different from the terms of the sign permit, the sign permit will become void, unless otherwise provided in this Article. 7.1.3 Application and Review Process Generally, the application and review process for by right permits, administrative Warrants and Waivers, Exceptions, Variances and rezonings are as illustrated in Diagram 12. 7.1.3.1 Informal Consultation Prior to submitting any application for a permit under this Code, the prospective applicant may informally consult with the Zoning Administrator and the Planning Director to obtain information and guidance concerning the proposed application, the general application requirements and the plan review process. The prospective applicant for plan review under section 7.1.3.2 may request informal consultation regarding the proposed plan prior to the required pre -application process. No statement made or information exchanged during the informal consultation shall be binding on the city or the applicant. 7.1.3.2 Generally a. The Zoning Office shall direct an applicant for a permit under this Code to the appropriate office for the review of the permit application. Application forms for specific permits shall be provided by the city administration to assist the applicant in the review and approval process. For all applications, the following information shall be required. Names and addresses of the record owners, the applicant, and the person preparing the application, and the signatures of each. Statement of ownership or control of the property, executed and sworn to by the owner or owners of one hundred percent (100%) of the property described in the application, or by tenant or tenants, with owner's written sworn -to -consent, or by duly authorized agents, evidenced by a written power of attorney if the agent is not a member of the Florida Bar. 2. Evidence of authority by the record owners for submission of the application, and identification of the applicant's relationship to the owner if the applicant is not the record owner. 3. Legal description and a certified land survey of the proposed site boundaries. The survey shall be performed in accordance with Florida Administrative Code, and dated within one year proceeding the filing date of the application, providing such survey reflects all current conditions of the subject property. VII.32 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 4. Any information required for notice of a hearing or administrative decision pursuant to this Miami 21 Code. 5. Proof of any pending code enforcement action or municipal liens on the property. 6. Payment of required fees and charges. b. The Zoning Administrator, or the Planning Director, as appropriate, shall make a determination as to the completeness of the application prior to its further review. c. An application sought pursuant to this Code shall be deemed complete at the time (1) it is on a form approved by the city, and all applicable information is provided by the applicant on the form, or attachment(s), as necessary, at the time of its filing and (2) it has been reviewed and signed by the appropriate official and (3) all required fees are paid. 7.1.3.3 For as -of -right permits, the applicant shall also provide a complete set of plans, signed and sealed as required by the Florida Building Code, which should include: a. Location plan at minimum scale of 1:200, of project within Neighborhood structure as shown in Zoning Atlas, including plat plan of Neighborhood and Building footprints of Neighborhood or superimposition of project on aerial photograph. b. Dimensioned site plan(s) including: 1. Lot Lines and Setbacks. 2. Location, shape, size and Height of existing and proposed building construction and landscaping. 3. Location of off-street parking, loading facilities, waste collection areas, and all above ground utilities. 4. Location and design of any signage. 5. Indication of any site or Building design methods used to conserve energy. 6. Abutting area extending three hundred (300) feet beyond property lines including street design from project Building Fagade to Building Fagade across the street, including sidewalk, swale if any, street trees, and on -street parking pavement. c. Landscape plans including specification of plant material, location and size. d. Floor plans and elevations of all structures, including total gross square foot area of each floor and all dimensions relating to the requirements of this code. VII.33 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 e. Figures indicating the following: 1. Lot area. 2. Amount of green space or Open Space, trees, and pervious and impervious pavement in square feet and percentage required and provided. 3. Amount of Building coverage at ground level in square feet and percentage required and provided. 4. Total square footage of all built areas, categorized by use. 5. Parking required and provided. 6. Total number of dwelling units. 7. Other design data as may be needed to evaluate the project. 7.1.3.4 Plan Approval Required for Administrative Warrants, Waivers, Exceptions and Variances. a. Requirements. Plan approval is required for any structure or premises to be constructed, changed, converted, enlarged or moved, wholly or partly, by administrative Warrant, Waiver, Exception or Variance. The plan shall be reviewed as part of the application for the administrative Warrant, Waiver, Exception, or Variance. If plan approval is required, the plan shall show that the structure or use, or both, or the affected part thereof, are in conformity with the provisions of this Miami 21 Code. b. Pre -application Meeting. Prior to submitting an application for an administrative Warrant, Waiver, Exception, or Variance under this code, the prospective applicant shall meet with the Zoning Administrator and the Planning Director to obtain information and guidance as to matters related to the proposed application. No statement made or information exchanged during the pre -application meeting shall be binding on the City or the applicant. The Planning Director shall ensure that representatives of potentially affected City departments or agencies are present at the meeting and shall, if deemed necessary, extend invitations to attend and participate in the meeting to potentially affected agencies or officers of Miami -Dade County, the state or the federal government. Insofar as possible, the applicant shall be given guidelines at the pre -application meeting in regard to: VII.34 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 1. Any referral to other governmental officers or agencies that may be necessary either before or after filing application for permit requested. 2. Any required Comprehensive Plan amendments or zoning changes. 3. Any Waivers which may be required for the proposed project. 4. Information regarding the plan process and information that the Zoning Administrator or Director deem pertinent to the application. 5. Any other matters that are deemed pertinent to the application. 6. Estimate of fees. c. Upon completion of the pre -application meeting, the applicant if required shall file an application for plan approval with the Planning Department, Zoning Office, or Office of Hearing Boards, as applicable, on forms provided by the City. The Planning Department, Zoning Office, Office of Hearing Boards, as applicable, shall initiate review of the plan application upon determination that the application is complete. d. Materials to be submitted with the application shall include maps, plans, surveys, studies and reports that may reasonably be required to make the necessary determinations called for in the particular case, in sufficient copies for referrals and records, including those materials listed in section 7.1.3.3, and may include other materials as deemed necessary by the Planning Director. 7.1.3.5 Modifications to Applications Requiring Public Hearing. a. Modifications to applications after processing begins. An applicant may modify an application after processing begins and prior to the public hearing if the modifications are not substantial. Otherwise, a new application must be made and fee paid. Whether a proposed modification is substantial shall be determined by the Zoning Administrator, according to whether the requested change requires a Variance or Exception. b. Modifications subsequent to notice of hearing. 1. After notice has been given of a public hearing before the Planning, Zoning and Appeals Board, or City Commission, as the case may be, no change shall be made in the original application which would have the effect of creating substantial differences between the matter advertised and the matter upon which the hearing is actually held. 2. Upon completion of the public hearing by the Planning, Zoning and Appeals Board, or City Commission, as the case may be, no proposed amendment VII.35 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 shall be recommended or adopted which is substantially different from the proposal for which the public hearing was held. c. Modifications to an approved plan. Minor modifications may be made to an approved plan upon the applicant's submission of a letter explaining the need for corrections, payment of the fee established by the adopted fee schedule, and written approval of the Planning Director. Minor modifications include those changes that do not change the manner of operation of the approved site, or can be approved by Waiver. All applications for minor modifications to an approved plan shall be reviewed in light of their cumulative effect on the original approved plan. Except for minor modifications, the plan may be amended only pursuant to the procedures and standards established for its original approval. d. Modifications to development approved under a previous code An applicant may modify a project approved under a previous zoning code, as a minor modification, if the components being modified are in compliance with this Code, even though the remainder of the approved development plans are not in full compliance with this Code. 7.1.3.6 Approvals granted in error do not authorize violation of this Code; corrections required. a. An approval issued in error shall not confer any rights to construction or occupancy, and upon a finding that a permit has been so issued, it shall be revoked. b. No approval shall be construed to authorize violation of any provisions of this Code, and such approval shall be valid only to the extent that the work authorized is lawful. c. Issuance of a building permit based upon a site plan shall not prevent the Zoning Administrator from thereafter requiring correction of errors in the plan. 7.1.3.7 No Approval Available if Code Enforcement Violations. No approval may be issued if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing city enforcement procedure, or is the subject of a notice of violation of a state law or county ordinance where the business enterprise is located or is to be located, unless the subject of the application would cure the outstanding violation. 7.1.3.8 Resubmission and Withdrawal of Applications Requiring Public Hearing. VII.36 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 a. Whenever an application has been denied, the city shall not thereafter consider the same application for any part or all of the same property for a period of eighteen (18) months from the date of the denial. b. Whenever an applicant has voluntarily withdrawn an application after the application has been scheduled for a public hearing, the city shall not thereafter consider the same application for the same property for eighteen (18) months from the date of the withdrawal. c. The time limits set by paragraphs a. and b. above may be waived by a vote of not less than three (3) members of the decision making body when such action is deemed necessary to prevent injustice or to facilitate development of the city in the context of the adopted Comprehensive Plan, or portion or portions thereof. d. If an application is on file for more than six (6) months without activity by the applicant, it shall be deemed withdrawn. 7.1.4 Quasi -Judicial Procedures 7.1.4.1 Intent The intent of this article is to establish procedures to ensure procedural due process and maintain citizen access to the local government decision-making process for the review of certain applications that require quasi-judicial hearings. These procedures shall be applied and interpreted in a manner recognizing both the legislative and judicial aspects of the local government decision-making process in quasi-judicial hearings. Failure to observe the procedures set out herein shall not provide a separate cause of action to challenge the decision of the decision-making board. 7.1.4.2 Applicability These procedures shall apply to all applications in which the City Commission or Planning, Zoning and Appeals Board acts in a quasi-judicial capacity for recommendations or final decisions as to Exceptions, Variances, Special Area Plans and rezoning; and to appeals to the City Commission or Planning, Zoning and Appeals Board on administrative Warrants, Waivers, zoning approvals and certificates of use. These procedures do not apply to administrative decisions made by City staff on administrative Warrants or Waivers, zoning approvals, sign permits or certificates of use, except upon the appeal of the administrative decision to the Planning, Zoning and Appeals Board. 7.1.4.3 Definitions VII.37 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: a. Applicant shall mean the owner of record, the owner's agent, or any person with a legal or equitable interest in the property for which an application or appeal thereof has been made and which is subject to quasi-judicial proceedings, and shall mean the staff when the application is initiated by the city. b. Competent substantial evidence shall mean testimony or other evidence based on personal observation, or fact or opinion evidence offered by an expert on a matter that requires specialized knowledge and that is relevant to the issue to be decided. Competent substantial evidence is evidence a reasonable mind could accept as adequate to support a conclusion. c. Decision-making body shall mean the City Commission or the Planning, Zoning and Appeals Board, as the case may be, that makes a recommendation or decision on an application or decides the appeal. d. Expert shall mean a person who is qualified in a subject matter by knowledge, skill, experience, training, or education. e. Intervenor shall mean a person whose interests in the proceeding are adversely affected in a manner greater than those of the general public. f. Material fact shall mean a fact that bears a logical relationship to one or more issues raised by the application or the laws and regulations pertaining to the matter requested by the application. g. Participants shall mean members of the general public, other than the applicant, including experts and representatives of local governments and governmental agencies, who offer testimony at a quasi-judicial hearing for the purpose of being heard on an application. h. Party shall mean the applicant, the city staff, and any person recognized by the decision-making body as a qualified intervenor. i. Relevant evidence shall mean evidence which tends to prove or disprove a fact that is material to the determination of the application. 7.1.4.4 General procedures a. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any relevant matter (subject to the rules contained herein), and to rebut evidence. b. Staff shall have the responsibility of presenting the case on behalf of the City. The staff report on the application shall be made available to the applicant and VII.38 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 the decision-making body no later than five (5) days prior to the quasi-judicial hearing on the application. c. Official file. All written communication received by decision-making body or staff concerning an application, the staff report on the application, any petitions or other submissions from the public, and all other documents pertaining to the application upon receipt shall be filed in the official file for the application, which shall be maintained by staff. The Comprehensive Plan, this Code and the City Code shall be deemed to be part of the official file. The official file shall be available for inspection during normal business hours. d. The printed agenda for the meeting at which the quasi-judicial hearing is scheduled to take place shall identify the hearing as quasi-judicial and indicate where copies of the procedures that apply may be obtained. 7.1.4.5 Hearing procedures a. The hearing shall, to the extent possible, be conducted as follows: 1. The Chair or City Attorney shall read a statement at the beginning of the quasi-judicial hearing portion of the agenda, which shall outline the procedure to be followed. A copy of the procedures shall be made available at the hearing. 2. The members of the Board shall disclose any ex parte communications regarding the application. 3. The applicant, staff, and all participants requesting to speak shall be collectively sworn by oath or affirmation. 4. The applicant may waive its right to an evidentiary hearing if it agrees with the staff recommendation and no one from the audience wishes to speak for or against the application. The decision-making body may then vote on the item, based upon the staff report and any other materials entered by staff from the official file into the record of the hearing. 5. If there is an evidentiary hearing, the order of the presentation shall be as follows, unless the chair agrees to a different order, taking proper consideration of fairness and due process: b. Staff shall present a brief synopsis of the application; introduce any appropriate additional exhibits from the official file that have not already been transmitted to the decision-making body with the agenda materials, as staff desires; summarize issues; and make a recommendation on the application. Staff shall also introduce any witnesses that it wishes to provide testimony at the hearing. c. The applicant shall make its presentation, including offering any documentary evidence, and introduce any witnesses as it desires. VII.39 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 d. Participants in support of the application shall make their presentations. e. Participants in opposition to the application shall make their presentations. f. Staff may cross-examine any witnesses and respond to any testimony presented. g. The applicant may cross-examine any witnesses and respond to any testimony presented. h. The Chair may choose to allow participants to respond to any testimony if the chair deems the response to be necessary to ensure fairness and due process. i. Members of the decision-making body, through the Chair, may ask any questions of the staff, applicant and participants. Final argument may be made by the staff, related solely to the evidence in the record. k. Final argument may be made by the applicant, related solely to evidence in the record. I. A qualified intervenor may make a presentation, conduct cross-examination and make final arguments in the order as decided by the chair. The Chair shall keep order, and without requiring an objection, may direct a party conducting the cross-examination to stop a particular line of questioning that merely harasses, intimidates or embarrasses the individual being cross- examined; is unduly repetitious or is not relevant; or is beyond the scope of the testimony by the individual being cross-examined. If the party conducting the cross-examination continuously violates directions from the Chair to end a line of questioning deemed irrelevant and merely designed to harass, intimidate or embarrass the individual, the Chair may terminate the cross- examination. 2. After the presentations, and at the conclusion of any continuances, the decision-making body shall deliberate on the application or appeal, as the case may be. Once the decision-making body begins its deliberations, no further presentations or testimony shall be permitted except in the sole discretion of the decision-making body. The decision-making body's decisions must be based upon competent substantial evidence in the record. m. The decision-making body may, on its own motion or at the request of any person, continue the hearing to a fixed date, time, and place. The applicant shall have the right to one continuance; however, all subsequent continuances shall be granted at the sole discretion of the decision-making body. VII.40 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 7.1.4.6 Rules of evidence a. The decision-making body shall not be bound by the strict rules of evidence, or limited only to consideration of evidence which would be admissible in a court of law. b. The Chair may exclude evidence or testimony which is not relevant, material, or competent, or testimony which is unduly repetitious or defamatory. c. The Chair, with the advice of the City Attorney, will determine the relevancy of evidence. d. Matters relating to an application's consistency with the city comprehensive plan or Miami 21 Code will be presumed to be relevant and material. e. Hearsay evidence maybe used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding unless it would be admissible over objection in a court. Documentary evidence may be presented in the form of a copy of the original, if available. A copy shall be made available to the decision-making body and to the staff no later than two business days prior to the hearing on the application. Upon request, the applicant and staff shall be given an opportunity to compare the copy with the original. Oversized exhibits shall be copied and reduced for convenient record storage. g. Only the applicant, qualified intervenor, staff and the decision-making body shall be entitled to conduct cross-examination when testimony is given or documents are made a part of the record. h. The City Attorney shall represent the decision-making body and advise it as to the procedures to be followed and the propriety, relevancy and admissibility of evidence presented at the hearing. The decision-making body shall take judicial notice of all state and local laws, ordinances and regulations and may take judicial notice of such other matters as are generally recognized by the courts of the State of Florida. Supplementing the record after the quasi-judicial hearing is prohibited, unless specifically authorized by an affirmative vote of the decision-making body under the following conditions: 1. The supplementation occurs after a quasi-judicial hearing is continued but prior to final action being taken on the application or the appeal. 2. If a question is raised by the decision-making body at the hearing which cannot be answered at the hearing, the party to whom the question is directed may submit the requested information in writing to the decision- making body after the quasi-judicial hearing, with copies to the other parties, VII.41 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 provided the hearing has been continued or another hearing has been scheduled for a future date and no final action has been taken by the decision-making body. The information requested will be presented to the decision-making body at the time of the continued hearing. 3. All parties and participants shall have the same right with respect to the additional information as they had for evidence presented at the hearing. 7.1.4.7 Final decision by the decision-making body The decision-making body shall reach a decision without unreasonable or unnecessary delay, which it shall adopt in writing. The written decision shall note the date issued and shall indicate the date filed in the City Clerk's office. The hearings board office shall provide the applicant notification of the decision by certified mail. 7.1.4.8 The record All evidence admitted into the record at the hearing, and the adopted development order of the decision-making body shall be maintained by the City Clerk in a hearing file for a period of at least forty-five days (45) from issuance of the decision. 7.1.5 Appeals Appeals to the appropriate appellate body from the following decisions shall be made as follows: a. Fifteen (15) days from the posting on the city website of the decision of the Zoning Administrator on an application for zoning approval: to the Planning, Zoning and Appeals Board. b. Fifteen (15) days from the posting on the City website of the decision of the Zoning Administrator on an application for zoning interpretation to: the Planning, Zoning and Appeals Board. c. Fifteen (15) days from the posting on the City website of the decision of the Planning Director on a Waiver, administrative Warrant, or planning determination: to the Planning, Zoning and Appeals Board. d. Fifteen (15) days from the decision of the Planning, Zoning, and Appeals board on an Exception or a Variance: to the City Commission. e. Thirty (30) days from the appellate decision of the Planning, Zoning and Appeals Board on a Waiver, or administrative Warrant: to the circuit court of the eleventh judicial circuit in the manner set forth in the rules of the court. VII.42 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 f. Fifteen (15) days from the decision of the Planning, Zoning and Appeals Board on a zoning interpretation appeal or planning determination appeal: to the City Commission. g. Thirty (30) days from the appellate decision of the City Commission on a zoning interpretation appeal, planning determination appeal, or Exception appeal: to the circuit court of the eleventh judicial circuit in the manner set forth in the rules of the court. h. Thirty (30) days from the decision of the City Commission on a Variance or rezoning: to the circuit court of the eleventh judicial circuit in the manner set forth in the rules of the court. 7.1.6 Notice of hearings Notice of hearings shall be as set forth in Chapter 62 of the City Code or as set forth in the Miami 21 Code. 7.2 NONCONFORMITIES 7.2.1 Generally a. The following which exist within Transect Zones established by this Code or later amendments, and which were lawful before passage or amendment of this Code but which would be prohibited, regulated, or restricted under the terms of this Code or its future amendment, shall be defined as nonconforming for the purpose of this Code: 1. Lots; 2. Uses of lands, water or structures, or lands or waters in combination with structures; 3. Structures; and 4. Characteristics of use. b. Nonconformities created by public taking or court order. The term "nonconforming" shall also be construed to apply where lawful public taking has the effect of creating what would be violations of this Code if actions were taken privately, or where such actions are pursuant to the order of a court of competent jurisdiction. c. Intent concerning nonconformities generally. It is the intent of this Code that: VII.43 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 1. Removal or cessation of certain of these nonconformities shall be required, and other nonconformities may continue subject to the terms of this Code until they are otherwise removed, or cease, but their survival is not encouraged. 2. Nonconformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same Transect Zone. 3. Nonconformities shall not be enlarged upon, extended, or expanded except as provided herein. 4. Nothing herein contained shall be construed as prohibiting change in tenancy, ownership, testamentary disposition or devise, gift, or management of a nonconforming Lot, use, or structure, provided such change is otherwise lawful. d. Exceptions to nonconforming status. It is hereby intended that the following shall not be deemed to have nonconforming status: Legitimate alcoholic beverage establishments, with a valid certificate of use and/or occupancy, which precede the establishment of a church or school, within the distance limitations required for such by Chapter 4, entitled "Alcoholic Beverages," of the City Code. e. Repairs and maintenance. On any nonconforming building or structure, or any building or structure containing a nonconforming use, the following work may be done in any period of twelve (12) consecutive months: 1) ordinary repairs, or 2) repair or replacement of load-bearing walls (or of bearing walls where necessary for structural safety), fixtures, wiring, or plumbing to an extent involving up to twenty percent (20%) of the gross square footage of the portion of a building or structure that is nonconforming. f. Unsafe nonconforming structures. If a nonconforming Building or structure, or any Building or structure containing a nonconforming use, becomes unsafe or unlawful and is declared by the City of Miami, Miami -Dade County Unsafe Structures Board, or other government agency having jurisdiction to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the Transect Zone in which it is located. g. The casual, temporary, or illegal use of land or water or structures, or land or water or structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use. VII.44 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 7.2.2 Nonconforming Lots. a. Use of nonconforming Lots. Except as limited or provided for below, nonconforming Lots platted or having legal status prior to the effective date of this Miami 21 Code are considered legal building sites. All buildings proposed for such sites shall meet all requirements and limitations of the Transect Zone in which they are located. When a legally platted nonconforming Lot requires replatting due to a street or alley vacation or closure, the Lot may be modified pursuant to an approval by the Director of the Public Works Department as long as the degree of non -conformity is reduced or remains the same, even if the proposed Lot still remains nonconforming. b. Rules concerning combinations of contiguous Lots in the same ownership and with common Frontage for T3 Transects only. 1. Combinations required. (a) Except as provided below in paragraphs b.2. and b.3, if two or more Lots, or combinations of Lots and portions of Lots, with continuous Frontage in the same ownership exist at the time of passage or amendment of this code, and if all or part of the Lots do not meet the requirements for Lot width and area, the lands involved shall be considered an undivided parcel for the purposes of these regulations. No portion of such parcel shall be used or sold in a manner diminishing compliance with general Transect requirements on Lot width and area. "Undivided parcel" shall mean a parcel of land made up of two or more nonconforming Lots. (b) The undivided parcel shall be considered one Lot for which only one Single -Family residence or duplex may be constructed regardless of how many nonconforming platted Lots make up the parcel. (c) A unity of title or covenant in lieu of unity of title which comply with all applicable of the Miami 21 Code requirements, as applicable, shall be required on all undivided parcels prior to the issuance of any Building permits, including demolition permits. (d) Two or more adjoining nonconforming duplex Lots shall not be deemed an "undivided parcel" when the owner of such Lots by covenant (in a form acceptable to the City Attorney) and pursuant to an administrative Waiver, restricts the use of the Lots to the development of no more than two (2) Single -Family detached homes (one home per lot) which comply with all other Miami 21 Code requirements except for minimum Lot width. 2. Exceptions for nonconforming lots with continuous Frontage in the same ownership that comply with the eighty-five percent (85%) rule. VII.45 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 (a) Notwithstanding paragraph b.1, where nonconforming Lots with continuous Frontage in the same ownership exist at the time of passage or amendment of this code, such Lots may be developed individually, in accordance with the applicable code requirements and pursuant to an administrative Waiver, if such Lots individually comply with eighty-five percent (85%) of the requirements for Lot width, area, and Principal Front Setback under the Miami 21 Code regulations. (b) In addition to the administrative Waiver criteria, development is allowable only if the width or size of such nonconforming Lots are equal to or larger than the majority of the existing individually built upon lots (i.e. building sites) of the same Transect Zones within a minimum one thousand (1,000) foot radius of the nonconforming lot perimeter, or extending no further than the immediate vicinity, whichever is less. "Building site" shall mean a Lot, group of Lots or parcel upon which a Single -Family home or duplex is located. "Immediate vicinity" shall mean an area in which a parcel of land is located that is physically, functionally or geographically identifiable as a distinct realm, place or Neighborhood, or an area within a radius of one-half mile from the nonconforming lot, whichever is smaller. 7.2.3 Nonconforming uses of lands, water or structures, or lands or waters in combination with structures a. Nonconforming uses specifically declared to be incompatible with uses allowed under this Code. Nonconforming uses are declared by this code to be incompatible with uses allowed in the Transects involved. Except as otherwise provided in this Code, nonconforming uses of land or water, structures, or land or water and structures in combination, shall not be extended or enlarged after passage of this code by addition of the same or other uses of a nature generally prohibited in the Transect involved, or by attachment on a structure or premises of signs intended to be seen from off the premises. b. Where, at the effective date of adoption or amendment of this Code, lawful use of structures, or of structures in combination, exists which would not be permitted under the newly effective code regulations, such use may be continued for twenty (20) years. An extension for continuance of the use for an additional term of up to twenty (20) years may be granted by an Exception only. c. Enlargement, extension, alteration, replacement, etc., of structure. Except as otherwise specifically provided below, an existing structure devoted to a nonconforming use shall not be enlarged, extended, constructed, reconstructed, replaced, structurally altered, or moved except to change the use of the structure to a conforming use. VII.46 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 e. Extension of use in building manifestly designed for such use. Any nonconforming use may be extended throughout any parts of a Building which were manifestly arranged or designed for such use at the time the use became nonconforming. Any nonconforming use which occupied a portion of a Building not originally designed or intended for such use shall not be extended to any other part of the same Building. No nonconforming use shall be extended to occupy any additional Building on the same Lot or parcel which was not used for such nonconforming use at the time the use became nonconforming. e. Nonconforming use outside buildings; Exception for movement; criteria. No nonconforming use outside a Building shall be enlarged, increased, or extended to occupy more area than was occupied at the time such use became nonconforming, except as approved by Exception. The Planning, Zoning and Appeals Board may by Exception allow such movement upon a finding that the Exception criteria are met and, because of the new location, buffering or screening to be supplied, or other reasons, such movement would create substantial public advantages. In this case, the occupancy of the new location shall be construed as remaining nonconforming. f. Discontinuance. If any nonconforming use of a structure or any portion thereof, or structure and premises in combination, is discontinued for any reason (except where governmental action impedes access to the premises) for a period of more than one hundred eighty (180) consecutive days, any subsequent use shall conform to the regulations of this Code. g. Subdivision or structural additions. Structures used for nonconforming uses shall not be subdivided, nor shall any structures be added on the premises, except for conforming uses and structures. h. Destruction of structure or structures. Where nonconforming use status applies to a structure or structures in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land except as set out in paragraph (3) below, and any new structure shall comply with all of the regulations of this code. "Destruction" of the structure means damage or removal to an extent of fifty percent (50%) or more of the gross square footage of the building at the time of destruction, except for individual historic resources and contributing buildings within historic districts, where the Historic and Environmental Preservation Board may allow reconstruction. 2. Where destruction is less than fifty percent (50%) of the gross square footage of the building, the structure may be restored to the same or lesser size and in the same location, subject to approval by administrative Waiver. In addition VII.47 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 to the administrative Waiver criteria, application for restoration shall be filed within six (6) months of destruction and be diligently carried to completion, and the nonconforming use may resume and continue as before, or on a lesser scale, but in any case shall not be enlarged or intensified. Unless restoration is so initiated and completed, the use shall terminate and not be resumed. 3. Where a structure containing a nonconforming use is destroyed to an extent of fifty percent (50%) or more of the gross square footage at time of destruction by explosion, fire, act of God, or the public enemy, the Planning, Zoning and Appeals Board may, by Exception, allow its replacement or reconstruction in whole or in part upon finding all of the following: (a) That the cause of destruction was not the deliberate action of the owner or occupant of the structure or his agents; and (b) That nothing contained in the provisions of this code required termination of such nonconforming use; and (c) That the Board finds substantial public advantage in continuance of the nonconforming use; and (d) That the primary purpose of continuing the nonconforming use is not to continue an economic monopoly; and (e) That replacement or reconstruction in the manner proposed, with related actions imposed in conditions and safeguards by the board, would reduce any previous adverse effects of the use on neighboring properties. (f) The criteria for an Exception are satisfied. 7.2.4 Nonconforming structures a. Structural change, extension, or expansion; criteria. No portion of a building or structure which is nonconforming shall be enlarged, extended, or altered in any way which increases its non -conformity. Existing nonconforming structures may, however, be enlarged, extended or altered as follows: Alterations to principal or accessory structures which do not involve an enlargement or expansion may be permitted pursuant to an administrative Waiver. In addition to satisfying the administrative Waiver criteria, the structure's non -conformity must remain the same or decreased in degree, and at least fifty percent (50%) of the square footage of the original building must remain. Alterations for interior work such as repairs or interior remodeling shall be allowed pursuant to the Florida Building Code and shall not require a Waiver. VII.48 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 2. Alterations which involve an enlargement or extension of a nonconforming principal structure may be permitted pursuant to a Waiver by the Planning Director, after recommendation by the Zoning Administrator. In addition to satisfying the Waiver criteria, the structure's non -conformity must remain the same or decrease in degree; at least fifty percent (50%) of the square footage of the original building must remain; and the proposed enlargement shall not exceed a height or length of fifty percent (50%) of the horizontal or vertical linear footage of the wall(s) of the nonconforming portion of the structure to remain. 3. No alterations which involve an enlargement and/or extension of a nonconforming accessory structure shall be permitted. b. Damage. Should a nonconforming structure or portion thereof be destroyed to an extent of more than fifty percent (50%) of its assessed valuation at the time such destruction occurs, it shall not thereafter be reconstructed except in conformity with the provisions of this code. If reconstruction is essential to the reasonable conforming use of the building or structure, the Planning Director, after recommendation by the Zoning Administrator, may, by Waiver, allow reconstruction to the extent reasonably necessary to allow such reasonable conforming use. In addition to satisfying the Waiver criteria, an application for the reconstruction or repair shall be filed within a period of six (6) months of the date of destruction. If reconstruction or repair is not applied for within the six-month period, the structure shall not be constructed or repaired except in conformity with this code. c. Moving; criteria. A nonconforming structure may be moved on its own lot only pursuant to approval by the Planning Director, after recommendation by the Zoning Administrator, by Waiver. In addition to satisfying the Waiver criteria, the following criteria apply: 1. The proposed movement must reduce the degree of non -conformity to the maximum extent reasonably feasible, or eliminate the non -conformity; 2. The structure shall in no case be moved on its own lot in such a manner as to increase the degree of non -conformity; and 3. Where a nonconforming structure is moved off its lot, the structure and all new construction shall thereafter conform to the regulations for the Transect Zone to which it is moved. 7.2.5 Nonconforming characteristics of use Where nonconforming characteristics of use exist, such as signs, off-street parking and loading, lighting, landscaping, or similar characteristics, such nonconforming characteristics of use may continue except as provided below. VII.49 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 a. No change shall be made in any nonconforming characteristics of use which increases non -conformity under this code or any other city standards. Changes may be approved by administrative Waiver, if the changes result in the same or a reduced degree of non -conformity. Alterations for interior work such as repairs of interior remodeling shall be allowed pursuant to the Florida Building Code and shall not require a Waiver. b. Where existing off-street parking facilities are nonconforming to the requirements of this code or any other city standards, the restoration or rehabilitation of an existing building or adaptive use to any permitted use in the Transect Zone shall not require the provision of additional parking or on-site storm water retention/detention except to the extent required by applicable state or federal law. No modifications may be permitted which increase the degree of the existing non -conformity. Modifications to the facilities may be approved by administrative Waiver, and the administrative Waiver may be conditioned on safeguards that reduce the degree of non -conformity as is reasonably feasible in the circumstances of the case. VII.50 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 7.2.6 Nonconforming signs The following provisions shall apply to signs as a nonconforming characteristic of use: 7.2.6.1. Removal in residential districts. In all residential districts, legal, nonconforming signs shall be removed within one (1) year of the effective date of Ordinance No. 12213, or within that period such signs shall be made to conform; provided, however, that nonconforming nonresidential uses in T3, T4 -R, T5 -R and T6 -R shall be permitted to maintain signs as provided in regulations for the first district in which such uses would be conforming. 7.2.6.2. Removal in other districts. In any district other than residential, any sign or outdoor advertising signs which become nonconforming as a result of the adoption of Ordinance No. 12213 shall be removed within five (5) years after the effective date of said Ordinance subject to the following further limitations on such continuance: (a) Article XXIV, section 1, subsection 7 (a), and article XXVIII, section 3, subsection 3 (a), Ordinance No. 6871, as amended, repealed by Ordinance No. 9500, as amended, the same being provisions dealing with roof signs and requiring their termination and removal from the premises on which they are located not later than twelve (12) years following the date they became nonconforming, shall continue to be operative and given full force and effect. All legal proceedings begun and all legal proceedings that might have been begun under these provisions of Ordinance No. 9500, as amended, prior to the repeal of Ordinance No. 9500, as amended, shall be given full force and effect as though Ordinance No. 9500, as amended, had not been repealed. (b) Section 926.12. "signs of graphic or artistic value" of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, is repealed by the adoption of Ordinance No. 12213, and all existing signs of graphic or artistic value shall be removed from the premises on which they are located not later than five (5) years from the effective date of the Ordinance; however, all legal proceedings begun and all legal proceedings that might have been begun under the provisions of Ordinance No. 11000, as amended, governing signs of graphic or artistic value, prior to the repeal of the above referenced subsections of Ordinance No. 11000, as amended, shall be given full force and effect as though said subsections had not been repealed. (c) Section 926.15. Outdoor advertising signs. Ordinance 11000, adopted in 1990, the Zoning Ordinance of the City of Miami is hereby repealed to the extent it is inconsistent with this Miami 21 code and deals with "Outdoor advertising signs." Nothing, however, in this Miami 21 Code shall affect those provisions of Section 926.15 requiring the termination and removal of freestanding outdoor advertising signs from the premises on which they were located not later than five (5) years following the date they became nonconforming as a result of the passage of Ordinance No. 11000 in 1990, and such provisions shall continue to be operative and given full force and effect. Moreover, nothing in this Miami 21 Code shall affect any legal proceedings begun and all legal proceedings that might have been begun VII.51 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 under the provisions of Ordinance No. 11000 adopted in 1990, and such proceedings shall be given full force and effect. 7.2.6.3. Outdoor advertising signs which are freestanding; Continuance of non- conformity. (a) All outdoor advertising signs which are freestanding and that became nonconforming as a result of the adoption of Ordinance 11000 in 1990, such that the five (5) year amortization period allowed therein has expired, shall not be considered eligible for a Warrant as set forth below. (b) All outdoor advertising signs which are freestanding, were lawfully erected and have become a nonconforming sign as a result of the adoption of Ordinance No. 12213, shall be removed within five (5) years of the effective date of said Ordinance, provided however that such signs may be eligible to remain standing following the expiration of the amortization period specified herein subject to the issuance of a Warrant as set forth herein. 1. The expressed intent of such Warrant is to improve the visual aesthetics of such signs as a condition for remaining. No such signs shall be permitted to remain if they were not legally constructed when such signs were permissible within the specified zoning district or Transect. 2. Any nonconforming outdoor advertising sign which is freestanding and is eligible for a Warrant to remain standing, must file for such permit no later than one hundred twenty (120) days from the date the five (5) year amortization period expires on its nonconforming status. (c) Criteria. Any outdoor advertising sign which is freestanding and eligible for a Warrant to remain must comply with the criteria of this Code and additionally, with the following limitations and restrictions: 1. Sign structures supported by multiple I -beams shall be replaced with monopole structures. 2. All sign structures shall be limited to an overall height of thirty (30) feet as measured to the top of the sign structure from the crown of the nearest adjacent roadway, except when located within six hundred and sixty (660) feet from an elevated limited access highway in which case the overall height shall be forty (40) feet; only embellishments may be taller, but in no case shall embellishments exceed an additional five (5) feet in height. 3. Sign area shall not exceed six hundred and seventy-two (672) square feet, with embellishments not to exceed an additional ten percent (10%) of the sign area. 4. Monopole sign structures shall be painted, and maintained, to a uniform color (to be selected by the Planning Department). VII.52 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 5. Sign lighting shall be enhanced, when applicable or deemed appropriate pursuant to the Warrant review process, to consist of decorative lighting fixtures, in an effort to enhance the appearance of such signs along corridors which abut residential areas. 6. Any such signs eligible to remain, pursuant to this subsection, shall comply with the following landscape requirements for screening the monopole structures to the extent possible: One (1) shade tree for the first five hundred (500) square feet of site area and one (1) side shade tree for each additional one thousand (1,000) square feet or portion thereof of site area; the remainder of the site area shall be landscaped with equal portions of hedges and/or shrubs and living ground cover. If the remainder of the subject site is already landscaped to a level which complies with the City's landscape guides and standards, then no additional landscaping, other than that required for screening the monopole structure, will be required; such landscaping requirements will be determined through the Warrant process. The City encourages xeriscaping of sites with native plants which do not require irrigation; unless sites are landscaped with native xeriscape plants, site landscaping shall be provided with irrigation and shall be continuously maintained; such landscape requirements may be modified by the Planning Director upon a finding that there is insufficient room for a reasonable provision of landscaping on the specific site in question; such modification requests shall be accompanied by a landscape mitigation plan which enhances landscaping in the nearby area. 7 Any such signs eligible to remain shall be maintained in accordance with the requirements of this subsection and the City's appearance code (as specified in Chapter 10 of the City Code). 8. Any such signs eligible to remain shall pay mitigation fees as specified in Chapter 62, Article X of the City Code, as an additional condition of the Warrant. 7.2.6.4. Any lawfully erected outdoor advertising sign which is located along any portion of the interstate or federal -aid primary highway system and which becomes a nonconforming sign as a result of the adoption of Ordinance No. 12213, is not subject to removal after the expiration of the five (5) year amortization period set forth herein. 7.2.6.5. Landscaping modifications. All outdoor advertising signs which are freestanding, were lawfully erected and have become a nonconforming sign as a result of the adoption of Ordinance No. 12213, may obtain a modification of the landscaping requirements for such sites as may be required in this code subject to the issuance of a Waiver as set forth herein. The expressed intent of such Waiver is to improve the visual aesthetics of such signs while allowing flexibility with respects to landscaping requirements. Such Waivers may allow landscaping the entire site if the remainder of the subject site is already landscaped to a level which complies with the city's landscape guides and standards, other than that required for screening the monopole structure, which will be required; such modified landscaping requirements will be determined through the Waiver process. The City encourages xeriscaping of sites with native plants which do not require irrigation. Unless sites are landscaped with native xeriscape plants, site landscaping shall be provided with irrigation and VII.53 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES FIRST READING PUBLIC HEARING 2007-06 shall be continuously maintained; such landscape requirements may be modified by the Planning Director upon a finding that there is insufficient room for a reasonable provision of landscaping on the specific site in question. Such modification request shall be accompanied by a landscape mitigation plan which enhances landscaping in the nearby area. 7.2.6.6. Rescission: The Planning Director, in consultation with the Zoning Administrator may rescind any permit granted under this section for failure to maintain such sign in appropriate condition and repair. A rescission by the Planning Director may be rendered after a sixty (60) day written notice from the City and a finding that no corrections to the violations have been made, and the decision by the Planning Director may be appealed in accordance with the procedures for appealing a Waiver. VII.54 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 ARTICLE 8. THOROUGHFARES 8.1 GENERAL DESCRIPTION ARTICLE 8. THOROUGHFARES The urban landscape is characterized by a set of interdependent elements that create a sense of place. These include Thoroughfare type, Building type, Frontage type, and the form and disposition of landscape and lighting. This article describes the guidelines for development of Thoroughfares. Thoroughfares provide the City with both the major part of public open space as well as moving lanes for vehicles. AThoroughfare is associated with a particular type of movement, and is endowed with two attributes: capacity and character. The capacity of the Thoroughfare refers to the number of vehicles that can move safely through a segment within a given time period; it is physically manifested by the number of lanes and their width, its movement type, by the centerline radius, the curb radius, and the super -elevation of the pavement. The character of the Thoroughfare refers to its suitability as a setting for pedestrian activities and is physically manifested by the associated Frontage types as determined by location within the Transect. Thoroughfares can be categorized as Types appropriate to Transect Zones, with calibrated Right -of -Way widths, movement types, design speed, number of travel lanes, pavement width, curb radius and verge type. Thoroughfare Types and their application are described in Section 8.3, in order ranging across the Transect. All Thoroughfares in the following catalogue are shown as ideal conditions based on Right -of -Way widths typically found in the City of Miami. Many City Thoroughfares have Right -of -Way widths that vary according to location. Irregular Right -of -Way widths shall default to the closest lesser width designation. For example, a 93— 0" Right -of -Way shall follow the 90' — 0" Thoroughfare regulation. Similarly, an 88'— 0" Right -of -Way shall follow the 80' — 0" Thoroughfare regulation. The additional dimension shall be applied to the sidewalk and the verge. In Zones T3 and T4, D1 and D2, generally sidewalks occur at the edge of the Right -of -Way. In Zones T5 and T6, sidewalks occur at the edge of the Right -of -Way and are given the additional dimensions of the 10 foot setback in the First Layer as an easement. The following additional assumptions govern the Thoroughfares shown here: • To clear sight lines for drivers, visibility triangles shall be required as described in Section 3.7.4. • Pavement widths are measured inside of curb to inside of curb. • Curb and gutter may range from 1'-6" for City streets to 2'-0" for some County streets. • Parking spaces range from 7'-0" to 9'-0" including pan; they should be wider on higher speed streets but may be restricted by existing Right -of -Way dimensions. • Right turns may be taken from the parking lane. • Street tree spacing shall be 22' on center to match parallel parking or 25' on center to match lot line spacing. • Tree planters shall have a minimum dimension of 4'x 4' increased where possible to a 5'x 5' dimension. • Bulb -outs may be added where Thoroughfare widths are wide and design speed high, or where sidewalks are narrow, in order to facilitate pedestrian safety. V111.1 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 ARTICLE 8. THOROUGHFARES Thoroughfares must evolve with the needs of the City. As Miami continues to grow, a Thoroughfare may change in character reflecting new density, or conversely, a return to an historic dimension. For instance, a continuous lawn planter may be replaced with individual tree wells for additional sidewalk space, or a wide neighborhood street may be narrowed to control traffic intrusion. The accommodation of bicycle lanes and additional lanesfor transit and the designation of bicycle routes require detailed response to the existing Thoroughfare condition and thus are not illustrated specifically here. VI11.2 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 8.2 DRAWING: THE THOROUGHFARE ACROSS THE TRANSECT INFORMALLANDSCAPE AT SUB -URBAN AREAS CURB ENDS IN SUB -URBAN AREAS UNMARKED, NON -METERED PARKING LANE IN RESIDENTIAL AREAS FRONTAGE SETBACKS INCREASE AS MOVE FROM URBAN TO SUBURBAN AREAS TREE PLANTING STRIPS FOR LESS URBAN CONDITIONS CENTER STRIPE IN URBAN AREAS METERED PARKING IN COMMERCIAL AREAS METERS AND OTHER VERTICAL ELEMENTS ALIGNED NEATLY WITHIN VERGE TREE PLANTERS LARGE TO ALLOW MAXIMUM WATER PERCOLATION PAVE ENTIRE WIDTH FOR MIXED USE AREAS AND/OR HIGH PEDESTRIAN TRAFFIC AREAS INCREASE RIGHT OF WAY TO ALLOW A MINIMUM PEDESTRIAN AREA OF 10' CLEAR PAINTED CROSS WALK ARTICLE 8. THOROUGHFARES MORE RURAL V111.3 MORE URBAN MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 8.3 SPECIFIC THOROUGHFARE TYPES DESCRIBED HW -Highway ARTICLE 8. THOROUGHFARES A Highway is a long-distance, high-capacity and high-speed Thoroughfare traversing the city. A Highway should have infrequent intersections and driveway entrances, and should have sidewalks and abutting buildings buffered by landscape where possible; otherwise it becomes strip development which interferes with traffic flow and pedestrian comfort. Highway Frontages may have curbs or open swales drained by percolation. They have no parking. Buildings may front a wide sidewalk or be set back. Highways can be rural linear parks, with a median and naturalistic landscaping and bicycle and Pedestrian Paths traversing the landscape independently. RD -Road A Road is a local, slow -movement Thoroughfare suitable for less urban Transect Zones. Roads provide frontage for low-density buildings with a substantial setback. Roads have narrow pavement and open swales drained by percolation, with or without sidewalks. The landscaping may be informal with multiple species arrayed in naturalistic clusters. ST -Street A Street is a local, multi -movement Thoroughfare suitable for all urbanized Transect Zones and all Frontages and Uses. A Street is urban in character, with raised curbs, drainage inlets, wide sidewalks, parallel parking, and trees in individual or continuous planters aligned in an allee. Character may vary somewhat, however, responding to the enfronting commercial or residential uses. DR -Drive A Drive is a local movement Thoroughfare along the edge of a wide Right -of -Way or an open space. One side of a Drive may have the urban character of a Street or Boulevard with sidewalk and buildings; the other side may have the qualities of a parkway such as along a railroad track with naturalistic planting. Alternatively, a Drive may have an urban character with landscape and formal planting, such as along the bayfront or riverfront. AV -Avenue An Avenue is a limited distance, slow or free -movement Thoroughfare connecting proximate locations within an urbanized area. Unlike a Boulevard, in its truest form, an avenue's length is finite and its axis is terminated. It always has a substantial planted median. An Avenue may be conceived as an elongated square. The Avenue is appropriate for the approach to a Civic building. At Urban Centers, the median may be wide enough to hold monuments and even buildings. In residential areas, the median may be planted naturalistically to become a parkway or green. Avenue Frontages have raised curbs drained by inlets and wide sidewalks separated from the vehicular lanes by narrow continuous planters, preferably with parking on both sides. The landscaping consists of a single tree species aligned in a regularly spaced allee in individual or continuous planters. V111.4 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 BV -Boulevard ARTICLE 8. THOROUGHFARES A Boulevard is a long-distance, high capacity multi -movement Thoroughfare, outside of neighborhoods and at neighborhood edges. A Boulevard may be lined by parallel parking, with wide sidewalks, and trees in continuous or individual planters. Boulevards may have central or side medians with slip roads. Side medians segregate slower traffic and parking activity at the edges from through traffic at the center. Boulevards have sidewalks with raised curbs along both sides, drainage by inlets, parallel parking, sidewalks, and trees aligned in a regularly spaced allee in individual or continuous planters. PP -Pedestrian Passage A Pedestrian Passage is a narrow connector restricted to pedestrian use and limited vehicular use that passes between buildings or between a building and a public open space. Passages provide shortcuts through long blocks and connect rear parking areas with frontages. In T3, Pedestrian Passages may be unpaved and informally landscaped. In T4, T5 and T6, they should be paved and landscaped and may provide limited vehicular access. When in Civic Zones, passages should correspond with their context and abutting Transect Zones. AL -Alley An Alley is a narrow vehicular access -way at the rear or side of buildings providing service and parking access, and utility easements. Alleys have no sidewalks, landscaping, or building frontage requirements. They accommodate trucks and dumpsters, and may be paved from building face to building face, with drainage by inverted concrete crown. In older residential neighborhoods Alleys may be unpaved. V111.5 MIAMI 21 ARTICLE 8. THOROUGHFARES FIRST READING PUBLIC HEARING 2007-06 TABLE A THOROUGHFARE COMPONENTS TABLE A This table assigns lane widths and curb radii to specific movement types (described below) in each Transect Zone. Movement types describe the expected driver experience on a given Thoroughfare. The design speed for pedestrian safety and mobility is the determinant for each of these movement types. Movement Types Yield: Drivers must proceed slowly and with extreme care and must yield in order to pass a parked car or approaching vehicle. Functional equivalent of traffic calming. Design speed of 20 mph or less; this type can accommodate bicycle routes. Slow: Drivers can proceed carefully with an occasional stop to allow a pedestrian to cross or another car to park. Drivers should feel uncomforable exceeding design speed due to presence of parked cars, enclosure, tight turn radii, and other design elements. Design speed of 20-25 mph; this type can accommodate bicycle routes. Free: Drivers can expect to travel generally without delay at the design speed; street design supports safe pedestrian movement at the higher design speed. This movement type is appropiate for Thoroughfares designed to traverse longer distances or that connect to higher intensity locations. Design speed of 25-30 mph; this type can accommodate bicycle routes. Speed: Drivers can expect travel similar to conventional street design, but with continued emphasis on pedestrian safety and comfort. Design speed of 30-35 mph. Bicycle safety to be assessed by Thoroughfare. High Conventional street design in which drivers can expect a separation of modes--e.g. bike lanes, walking Speed: paths, and roads -- allowing automobile travel unimpeded by pedestrians or walkability concerns. This movement is rarely used in traditional town planning but may be needed when traveling outside of pedestrian areas. Bicycle safety to be assessed by Thoroughfare. Movement Type Design Speed TRAVEL LANE WIDTH YIELD 20 mph or less 8 feet SLOW 20-25 mph 9 feet ■ FREE 25-30 mph 10 feet ■ SPEED 30-35 mph 11-12 feet ■ HIGH SPEED Above 35 mph 12 feet ■ Movement Type Design Speed PARKING LANE WIDTH YIELD 20 mph or less (Parallel) 7 feet ■ YIELD, SLOW 20-25 mph (Parallel) 7 feet ■ SLOW, FREE 20-30 mph (Parallel) 7 - 8 feet ■ SLOW, FREE 20-30 mph (Angle) 18 feet ■ FREE, SPEED 25-35 mph (Parallel) 8 feet ■ Movement Type Design Speed CURB RADIUS WITH PARKING* YIELD 20 mph or less 5-10 feet SLOW 20-25 mph 10-15 feet ■ FREE 25-30mph 15-20 feet ■ SPEED 30-35 mph 20-30 feet ■ * Dimensions with parking on each leg of intersection. Both tangent sections adjacent to the curb return must be parked, or else curb radii must be evaluated using "design vehicle" and AutoTurn or turning templates. V111.6 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 ARTICLE 8. THOROUGHFARES TABLE B PUBLIC FRONTAGES R U RA L I I I I I I I I I I I I I I I IT R ANS E C T I I I I I I I I I I I I I I I U R B AN TRANSECT ZONE Public Frontage Type HW & RD RD & ST ST & DR RS -ST -AV -DR ST -AV -BV ST -AV -BV a. Assembly: The prin- cipal variables are the type and dimension of P curbs, walkways, plant- ers and landscape. b. Curb: The detailing of the edge of the vehicular pavement, incorporating drainage. Type Open Swale Open Swale Raised Curb Raised Curb Raised Curb Raised Curb Radius 10-30 feet 10-30 feet 5-20 feet 5-20 feet 5-20 feet 5-20 feet c. Walkway: The pavement dedicated exclusively to j I pedestrian activity. Type Path Optional Path Sidewalk Sidewalk Sidewalk Sidewalk d. Planter: The layer I ° r \ which accommodates street trees and other F i landscape. Arrangement Clustered Clustered Regular Regular Regular Opportunistic, Regular Species Multiple Multiple Alternating Single Single Single Planter Type Condnuous Swale Continuous Swale Continuous Planter Continuous Planter Continuous Planter Individual Planter Note: Appropriate types for Civic Zones shall be determined based on context and abutting Transect Zones. V111.7 MIAMI 21 ARTICLE 8. THOROUGHFARES FIRST READING PUBLIC HEARING 2007-06 TABLE C PUBLIC FRONTAGES GENERAL PLAN LOT R.O.W. PRIVATE FRONTAGE ► PUBLIC FRONTAGE a. (HW) For Highways: This Frontage has open swales drained by percolation, bicycle trails and no parking. I m The landscaping consists of the natural condition or multiple species arrayed in naturalistic clusters. Buildings I m are buffered by distance or berms. I m I• b. (RD) For Roads: This Frontage has open swales drained by percolation and a walking path or bicycle trail I m along one or both sides and yield parking. The landscaping consists of multiple species arrayed in naturalistic I m clusters. m I• I c. (ST) For Street: This Frontage has raised curbs drained by inlets and sidewalks separated from the vehicular m lanes by individual or continuous planters, with parking on one or both sides. The landscaping consists of I m street trees of a single or alternating species aligned in a regularly spaced allee. I m j I m d. (DR) For Drive: This Frontage has raised curbs drained by inlets and a wide sidewalk or paved path along one ! m side, related to a greenway or waterfront. It is separated from the vehicular lanes by individual or continuous I m planters. The landscaping consists of street trees of a single or alternating species aligned in a regularly I m spaced allee. j I I • m e. (AV) For Avenues: This Frontage has raised curbs drained by inlets and wide sidewalks separated from the ! m vehicular lanes by a narrow continuous planter with parking on both sides. The landscaping consists of a ! m single tree species aligned in a regularly spaced allee. ! ICEm I m f. (ST) (AV) For Mixed Use Streets or Avenues: This Frontage has raised curbs drained by inlets and very IC m wide sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates and I m parking on both sides. The landscaping consists of a single tree species aligned with regular spacing where j m possible. ICF-- g.(BV) For Boulevards: This Frontage has slip roads on both sides. It consists of raised curbs drained by inlets ! m and sidewalks along both sides, separated from the vehicular lanes by planters. The landscaping consists of ! m rows of a single tree species aligned in a regularly spaced allee. ! ICEm I m Note: Appropriate types for Civic Zones shall be determined based on context and abutting Transect Zones. VIII.8 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 ARTICLE 8. THOROUGHFARES TABLED PUBLIC PLANTING Following is a list of suggested species chosen on the basis of appropriateness to location (T -zone), hardiness, and adaptability to the environment, with deference to natives. Other species meeting the same criteria may be used. Palms 1 Specific Planting Silver palm - Cocothrinax argentata ■ Florida thatch palm - Thrinax radiata ■ Sabal palm - sabal palmetto ■ Hurricane palm - Dictosperma album* ■ Florida royal palm - Roystonea elata Small/Medium Canopy ■ True date palm - Phoenix dactylifera* Satin leaf - Chrysophyllum oliviforme ■ Silver buttonwood - Conocarpus erectus var sericea ■ Geiger tree - Cordia sebesteria ■ Cinnecord - Acacia choriophylla ■ Pigeon plum - Coccolaba diversifolio ■ Lilac tree - Lonchocarpus violaceus* Large Canopy Live oak - Quercus virginiana ■ Mahogany - Swietenia mahagoni ■ Paradise tree - Simarouba glauca ■ Jamaican dogwood - Piscidia piscipula ■ Apple blossom shower - Cassiajavanica* ■ Santa Maria - Calophyllum brasiliense* ■ Gumbo limbo - Bursera simaruba* ■ Royal poinciana - Delonix regia* Vines Coral honeysuckle - Lonicera sempervirens -. Q.✓ Queen's wreath - Petrea volubilis* ��, r Madagascar jasmine - Stephanotis floribunda* b . Jade vine - Strongylodon macrobotrys* Bougainvillea spp* Groundcover Blanket flower - Gaillardia pulchella ■ Dayflower - Commelina erecta ■ Boston fern - Nephrolepsis exaltata ■ Wart fern - Microsorum scolopendria* indicates non-native V111.9 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 ARTICLE 8. THOROUGHFARES TABLE E PUBLIC LIGHTING Note: Appropriate types for Civic Zones must be determined based on context and abutting Transect Zones. New or additional lamp types, that meet the same criteria, may be considered. V111.10 1 Specifications Cobra Head TBD Pipe TBD Post TBD Column TBD Double Column m W TBD Note: Appropriate types for Civic Zones must be determined based on context and abutting Transect Zones. New or additional lamp types, that meet the same criteria, may be considered. V111.10 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 SIDEWALK ARRANGEMENT Sidewalk may be scored concrete. Verge may be permeable pavement. All vertical elements shall be located within verge and neatly aligned. VIII.11 ARTICLE 8. THOROUGHFARES SIDEWALKS, ILLUSTRATED EXISTING SIDEWALK DIMENSIONS LESS THAN IDEAL Sidewalk dimensions shall comply with A.D.A. standards. Narrow sidewalks should provide a 5'-0" X 5'-0" minimum passing space at reasonable intervals not to exceed 200 feet. See Chapter 11- 4.3 Florida Building Code. All vertical elements to be located within verge and neatly aligned. MIAMI 21 ARTICLE 8. THOROUGHFARES FIRST READING PUBLIC HEARING 2007-06 10' - 20' 12'-30' n n KEY ST -57.20 Thoroughfare Type I I — — — — — . — — — — — I I — — — — Right of Way Width — Pavement Width — — — — — Note: Designation refers to minimum dimension Pavement width measured to inside of curb MOVEMENTTYPES Yield below 20 mph Slow 20 - 25 mph Free 25 - 30 mph Speed 30 - 35 mph High Speed above 35 mph THOROUGHFARE TYPES Pedestrian Passage PP Alley AL Road RD Street ST Avenue AV — — — — — — — — — — — — — — — —.—.—.—.— Drive DR Boulevard BV Highway HW PP -10-5 PP -12-5 Thoroughfare Type Pedestrian Path Pedestrian Path Character Suburban Urban Transect Zone Assignment T3, T4 T4, T5, T6 Right -of -Way Width 10 - 20 feet 12 - 30 feet Sidewalk Easement NIA NIA Pavement Width 5 -10 feet 5 - 30 feet Movement NIA Emergency Vehicle Clearance @ 20' Traffic Flow NIA NIA Design Speed NIA NIA Pedestrian Crossing Time NIA NIA Traffic Lanes NIA NIA Parking Lanes NIA NIA Curb Radius NIA NIA Visibility Triangle See Article 3.7.4 See Article 3.7.4 Walkway Type Paved or Gravel Paved Planter Type Continuous Continuous or Individual Planters Curb Type NIA NIA Landscape Groundcover Groundcover, Trees Mobility Type Pedestrian, Bicycle Pedestrian, Bicycle VIII.12 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 Alley Road 20'-25' 12'-25' KEY ST -57.20 Rural, Suburban Thoroughfare Type T3, T4, T5, T6 Right of Way Width Pavement Width — — — Right -of -Way Width Note: 40 feet Designation refers to NIA minimum dimension Pavement Width Pavement width measured to 18 feet inside of curb \ II MOVEMENTTYPES Traffic Flow Yield below 20 mph i Slow 20 - 25 mph 10 mph Free 25 - 30 mph Pedestrian Crossing Time Speed 30 - 35 mph 6 seconds High Speed above 35 mph 2 THOROUGHFARE TYPES I Q Pedestrian Passage PP Parking Allowed on Grass Alley AL 5 -10 feet Road RD Visibility Triangle Street ST _.—.—.—.—.�.—.—.—.—._ See Article 3.7.4 Avenue AV NIA Drive DR Planter Type Boulevard BV Continuous Highway HW Inverted Crown with Concrete or Other Swale AL -20-12 ARTICLE 8. THOROUGHFARES 40' ? 18, 5 "; � I i=s 5 RD -40-18 Thoroughfare Type Alley Road Character Urban Rural, Suburban Transect Zone Assignment T3, T4, T5, T6 T3 Right -of -Way Width 20 - 25 feet 40 feet Sidewalk Easement NIA NIA Pavement Width 12 - 25 feet 18 feet Movement Yield Slow Traffic Flow Two -Way Two -Way Design Speed 10 mph 20 - 25 mph Pedestrian Crossing Time 4 - 8 seconds 6 seconds Traffic Lanes 2 2 Parking Lanes None Parking Allowed on Grass Curb Radius 5 -10 feet 10 feet Visibility Triangle See Article 3.7.4 See Article 3.7.4 Walkway Type NIA 5' Sidewalk Optional Planter Type NIA Continuous Curb Type Inverted Crown with Concrete or Other Swale Landscape NIA Natural or Clustered Mobility Type Pedestrian, Bicycle, Vehicle Pedestrian, Bicycle, Vehicle V111.13 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 40' 20' I I KEY ST -57.20 Thoroughfare Type Right of Way Width Pavement Width ..... Note: ° Designation refers to minimum dimension Pavement width measured to inside of curb MOVEMENTTYPES Yield below 20 mph Slow 20 - 25 mph Free 25 - 30 mph Speed 30 - 35 mph High Speed above 35 mph THOROUGHFARE TYPES Pedestrian Passage PP Alley AL Road RD Street ST ° Avenue AV ......—.J —.—.—._ Drive DR Boulevard BV Highway HW ST -40-20 ARTICLE 8. THOROUGHFARES 50' 20' RIE"' ARIE ST -50-20 Thoroughfare Type Street Street Character Low Density Residential Low Density Residential Transect Zone Assignment T3, T4 T3, T4 Right -of -Way Width 40 feet 50 feet Sidewalk Easement NIA NIA Pavement Width 20 feet 20 feet Movement Slow Slow Traffic Flow One -Way Two -Way Design Speed 20 - 25 mph 20 - 25 mph Pedestrian Crossing Time 6 seconds 6 seconds Traffic Lanes 1 2 Parking Lanes 1 2 Curb Radius 10 feet 10 feet Visibility Triangle See Article 3.7.4 See Article 3.7.4 Walkway Type 5' Sidewalk 5' Sidewalk Planter Type Continuous Individual Planters and Turf Block Curb Type Raised Pan Landscape Trees at 22' o.c. avg. Trees at 22' or 44' o.c. avg. Mobility Type Pedestrian, Bicycle, Vehicle Pedestrian, Bicycle, Vehicle VIII.14 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 Avenue Avenue Character 50' Residential 6' 12' 5' T3, T4 S' Right -of -Way Width KEY ST -57.20 50 feet Sidewalk Easement Thoroughfare Type Right Way Width NIA Pavement Width of Pavement Width 26 feet - Free Note: Ot Designation refers to Two -Way Design Speed minimum dimension 25 - 30 mph Pedestrian Crossing Time Pavement width measured to 0 Co J, inside of curb 2 Parking Lanes MOVEMENTTYPES None Curb Radius Yield below 20 mph 15 feet Visibility Triangle Slow 20 - 25 mph See Article 3.7.4 Walkway Type Free 25 - 30 mph 5' Sidewalk Planter Type Speed 30 - 35 mph Continuous , Continuous Median Curb Type High Speed above 35 mph Raised Landscape THOROUGHFARE TYPES 0 0 Mobility Type Pedestrian Passage PP Pedestrian, Bicycle, Vehicle Alley AL V111.15 Road RD Street ST Avenue AV Drive DR —.—.... – L. -.—.—.- Boulevard BV Highway HW AV -50-24 ARTICLE 8. THOROUGHFARES 50' 5' 13' 66' 1�3' 5' I I I I AV -50-26 Thoroughfare Type Avenue Avenue Character Residential Residential Transect Zone Assignment T3, T4 T3, T4 Right -of -Way Width 50 feet 50 feet Sidewalk Easement NIA NIA Pavement Width 24 feet 26 feet Movement Free Free Traffic Flow Two -Way Two -Way Design Speed 25 - 30 mph 25 - 30 mph Pedestrian Crossing Time 9 seconds 9 seconds Traffic Lanes 2 2 Parking Lanes None None Curb Radius 15 feet 15 feet Visibility Triangle See Article 3.7.4 See Article 3.7.4 Walkway Type 5' Sidewalk 5' Sidewalk Planter Type Continuous, Continuous Median Continuous , Continuous Median Curb Type Swale Raised Landscape Trees at 22' o.c. avg. Trees at 22' o.c. avg. Mobility Type Pedestrian, Bicycle, Vehicle Pedestrian, Bicycle, Vehicle V111.15 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 so' }}} 28' 81, 12' 8' 6' KEY ST -57.20 I �� Thoroughfare Type Right of Way Width i Pavement Width — — — Note: Designation refers to minimum dimension Pavement width measured to inside of curb MOVEMENTTYPES Yield below 20 mph Slow 20 - 25 mph Free 25 - 30 mph Speed 30 - 35 mph High Speed above 35 mph THOROUGHFARE TYPES Pedestrian Passage PP Alley AL Road RD Street ST Avenue AV Drive DR Boulevard BV Highway HW ST -50-28 ARTICLE 8. THOROUGHFARES 50' }} 29' 5 nlY ST -50-29 Thoroughfare Type Street Street Character Residential Residential Transect Zone Assignment T3, T4 T3, T4 Right -of -Way Width 50 feet 50 feet Sidewalk Easement NIA NIA Pavement Width 28 feet 28 feet Movement Yield Slow Traffic Flow Two -Way Two -Way Design Speed 20 mph 20 - 25 mph Pedestrian Crossing Time 8 seconds 8 seconds Traffic Lanes 2 2 Parking Lanes 2 1 Curb Radius 10 feet 10 feet Visibility Triangle See Article 3.7.4 See Article 3.7.4 Walkway Type 5' Sidewalk 5' Sidewalk Planter Type Continuous Continuous Curb Type Raised Raised Landscape Trees at 22'- 25' o.c. avg. Trees at 22'- 25' o.c. avg. Mobility Type Pedestrian, Bicycle, Vehicle Pedestrian, Bicycle, Vehicle V111.16 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 50, 36' KEY ST -57.20 Thoroughfare Type Right of Way Width Pavement Width Note: Designation refers to minimum dimension Pavement width measured to inside of curb MOVEMENTTYPES Yield below 20 mph Slow 20 - 25 mph Free 25 - 30 mph Speed 30 - 35 mph High Speed above 35 mph THOROUGHFARE TYPES Pedestrian Passage PP Alley AL Road RD Street ST Avenue AV J Drive DR Boulevard BV Highway HW ST -50-36 ARTICLE 8. THOROUGHFARES 60' 36' 10' 12' 8' 10' 10' 8' 12' 10' nlu ST -60-36 Thoroughfare Type Street Street Character Mixed Use Mixed Use Transect Zone Assignment T4 T4, T5, T6 Right -of -Way Width 50 feet 60 feet Sidewalk Easement NIA 10 feet Pavement Width 34 feet 36 feet Movement Slow Slow Traffic Flow Two -Way Two -Way Design Speed 20 - 25 mph 20 - 25 mph Pedestrian Crossing Time 6 seconds 10 seconds Traffic Lanes 2 2 Parking Lanes 2 2 Curb Radius 15 feet 15 feet Visibility Triangle See Article 3.7.4 See Article 3.7.4 Walkway Type 7' Sidewalk 12'- 22' Sidewalk Planter Type Individual Planters in Bulb -outs Individual Planters Curb Type Raised Raised Landscape Specific Locations Trees at 22' o.c. avg. Mobility Type Pedestrian, Bicycle, Vehicle Pedestrian, Bicycle, Vehicle, Transit Route Note: 10' Easement Not Applicable to T4 VIII.17 MIAMI 21 ARTICLE 8. THOROUGHFARES FIRST READING PUBLIC HEARING 2007-06 70, 70' }}38' 16' 10' 48' J. 16' —ill ill 81 10' 11' 8' 11' IfASEMEN KEY ST -57.20 I I I Thoroughfare Type Right of Way Width Pavement Width I I Note: I CE Designation refers to i minimum dimensionCE I Pavement width measured to I I inside of curb Di I I I MOVEMENTTYPESD. i i Yield below 20 mph CE :1 E. Slow 20 - 25 mph I I Free 25 - 30 mph II Speed 30 - 35 mph High Speed above 35 mph ICE Di I I o THOROUGHFARE TYPESED CE - Pedestrian Passage PP I Q I n Alley AL I I I Road RD Street ST Avenue AV Drive DR Boulevard BV Highway HW ST -70-38 AV -70-38 Thoroughfare Type Street Avenue Character Mixed Use Mixed Use Transect Zone Assignment T4, T5, T6 T4, T5, T6 Right -of -Way Width 70 feet 70 feet Sidewalk Easement 10 feet 10 feet Pavement Width 38 feet 38 feet Movement Free, Speed Slow Traffic Flow Two -Way Two -Way Design Speed 25 - 35 mph 20 - 25 mph Pedestrian Crossing Time 11 seconds 14 seconds Traffic Lanes 2 2 Moving Lanes, 1 Turning Center Lane Parking Lanes 2 2 Curb Radius 15 feet 10 feet Visibility Triangle See Article 3.7.4 See Article 3.7.4 Walkway Type 16' -26' Sidewalk 11'- 21' Sidewalk Planter Type Individual Planters Individual Planters, Continuous Median Curb Type Raised Raised Landscape Trees at 22' o.c. avg. Trees at 22'- 25' o.c. avg. Mobility Type Pedestrian, Bicycle, Vehicle, Transit Route Pedestrian, Bicycle, Vehicle, Transit Route Note: 10' Easement Not Applicable to T4 Note: 10' Easement Not Applicable to T4 VIII.18 MIAMI 21 ARTICLE 8. THOROUGHFARES FIRST READING PUBLIC HEARING 2007-06 70, ao 56' 56' 0' T 13' 10' 56' 10' 13' T 10' 10' 12' 9' 11' 16' 11' 9' 12' 10' EASE' �rr1 KEY ST -57.20 I 71 Thoroughfare Type I D Right of Way Width L Pavement Width C" Note: Designation refers to minimum dimension ic_ y F Ae (D - Pavement width measured to inside of curb MOVEMENTTYPES l o o lCE Di - Yield below 20 mph Slow 20 - 25 mph Free 25 - 30 mph CE Speed 30 - 35 mph :Di. High Speed above 35 mph THOROUGHFARE TYPES _DCEii Pedestrian Passage PID I ° Q Alley AL Q Q Road RDDi. CE - Street ST ° ° Avenue AV - Drive DR Boulevard BV Highway HW AV -70-46 AV -80-40 Thoroughfare Type Avenue Avenue Character Mixed Use Mixed Use Transect Zone Assignment T5, T6 T4, T5, T6 Right -of -Way Width 70 feet 80 feet Sidewalk Easement 10 feet 10 feet Pavement Width 46 feet 40 feet Movement Free Free Traffic Flow Two -Way Two -Way Design Speed 25 - 30 mph 25 - 30 mph Pedestrian Crossing Time 16 seconds 16 seconds Traffic Lanes 2 Moving Lanes, 2 Temporary Lanes, 1 Turning Center Lane 2 Moving Lanes, 1 Turning Median Parking Lanes 2 Temporary 2 Curb Radius 15 - 20 feet 15 - 20 feet Visibility Triangle See Article 3.7.4 See Article 3.7.4 Walkway Type T- 117'Sidewalk 12'- 22' Sidewalk Planter Type Individual Planters, Continuous Median Individual Planters, Continuous Median Curb Type Raised Raised Landscape Trees at 22'- 25' o.c. avg. Trees at 22' o.c. avg. Mobility Type Pedestrian, Bicycle, Vehicle, Transit Route Pedestrian, Bicycle, Vehicle, Transit Route Note: 10' Easement Not Applicable to T4 Note: 10' Easement Not Applicable to T4 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 �� zo' 11 � zz' 1�IV qo, 70' 6 zo' 11 ��7'� 10' 10' EAEMEN ��22'� e' 10' 10' EASENEN KEY ST -57.20 Thoroughfare Type Right Way Width HE I — of Pavement Width 0 Note: I El Designation refers to minimum dimension D 01 Pavement width measured to inside of curb MOVEMENTTYPES l o Yield below 20 mph Slow 20 - 25 mph Free 25 - 30 mph El 21 Speed 30 - 35 mph High Speed above 35 mph ON THOROUGHFARE TYPES -:1 Pedestrian Passage PP Alley AL Road RD Street ST Avenue AV — J — Drive DR Boulevard BV Highway HW AV -90-60 Thoroughfare Type Avenue Character Mixed Use Transect Zone Assignment T4, T5, T6 Right -of -Way Width 90 feet Sidewalk Easement 10 feet Pavement Width 60 feet Movement Free Traffic Flow Two -Way Design Speed 25 - 30 mph Pedestrian Crossing Time 17 seconds Traffic Lanes 4 Moving Lanes, 1 Turning Median Parking Lanes 2 Curb Radius 15 - 20 feet Visibility Triangle See Article 3.7.4 Walkway Type 9'- 19' Sidewalk Planter Type Individual Planters, Continuous Median Curb Type Raised Landscape Trees at 22' o.c. avg. Mobility Type Pedestrian, Bicycle, Vehicle, Transit Route Note: 10' Easement Not Applicable to T4 V111.20 ARTICLE 8. THOROUGHFARES 100' � I �� zo' 11 � zz' 1�IV 6 zo' 11 ��7'� I HE 0 0 I El D _. J l BV -100-62 Boulevard Mixed Use T4, T5, T6 100 feet 10 feet 62 feet Free Two -Way 25-30 mph 16 seconds 4 Moving Lanes 2 15 - 20 feet See Article 3.7.4 6'- 16' Sidewalk Individual Planters, Continuous Median Raised Trees at 22' o.c. avg. Pedestrian, Bicycle, Vehicle, Transit Route Note: 10' Easement Not Applicable to T4 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 50, 22' 5' 12' KEY ST -57.20 Thoroughfare Type Right of Way Width Pavement Width Note: Designation refers to minimum dimension Pavement width measured to .. . inside of curb i MOVEMENTTYPES Yield below 20 mph Slow 20 - 25 mph Free 25 - 30 mph Speed 30 - 35 mph High Speed above 35 mph THOROUGHFARE TYPES Pedestrian Passage PP Alley AL Road RDD Street ST Avenue AV Drive DR Boulevard BV Highway HW DR -50-22 ARTICLE 8. THOROUGHFARES 50' 22' ASE T IT Cn W y z M li CE-: 1.11 CEE 1.11 Q —.—.� DR -50-22 Thoroughfare Type Greenway Drive Greenway Drive Character Waterfront Promenade RR Greenway Transect Zone Assignment T3, T4, T5, T6 T3, T4, T5, T6 Right -of -Way Width 50 feet 50 feet Sidewalk Easement 10 feet 10 feet Pavement Width 22 feet 22 feet Movement Slow Slow Traffic Flow Two -Way Two -Way Design Speed 20 - 25 mph 20 - 25 mph Pedestrian Crossing Time 7 seconds 7 seconds Traffic Lanes 2 2 Parking Lanes None or added as R.O.W. increases None or added as R.O.W. increases Curb Radius 15 feet 15 feet Visibility Triangle See Article 3.7.4 See Article 3.7.4 Walkway Type 6'- 16' Sidewalk, Promenade T- 17' Sidewalk Planter Type Continuous or Individual Planters Continuous or Individual Planters Curb Type None None Landscape Trees at 22' o.c. avg. Trees at 22' o.c. avg. or Alternating Mobility Type Pedestrian, Bicycle, Vehicle, Transit Route Pedestrian, Bicycle, Vehicle, Transit Route Note: 10' Easement Not Applicable to T4 Note: 10' Easement Not Applicable to T4 MIAMI 21 ARTICLE 8. THOROUGHFARES FIRST READING PUBLIC HEARING 2007-06 qo, 68' 0' 7' 11' 11' r 11' 23' T 10' 26' 11' jE§SEMEN �� EAGEA!ENT EASEMEN 10' 10' 11' 11' �� E.4SciAEN KEY ST -57.20 Thoroughfare Type > / Right of Way Width} 0 j x- 9 \ 0 . Pavement Width Note:x�i Designation refers to x 0 0 minimum dimension > x Pavement width measured to inside of curb j — % x MOVEMENTTYPES Yield below 20 mph x Slow 20 - 25 mph j D x 0 Free 25 - 30 mph j Speed 30 - 35 mph x < x High Speed above 35 mph x > 0 x 0 THOROUGHFARE TYPES 0 Pedestrian Passage PP Alley AL o I I � � � ° Road RD Street ST Avenue AV BDrive DR oulevard BV Highway HW TR: ST -70-56 TR: AV -90-62 Thoroughfare Type Street Boulevard Character Mixed Use Mixed Use Transect Zone Assignment T4, T5, T6 T5, T6 Right -of -Way Width 70 feet 90 feet Sidewalk Easement 10 feet 10 feet Pavement Width 56 feet 62 feet Movement Free Free Traffic Flow Two -Way Two -Way Design Speed 25 - 30 mph 25 - 30 mph Pedestrian Crossing Time 16 seconds 16 seconds Traffic Lanes 2 4 Parking Lanes 1 None Curb Radius 15 - 20 feet 15 - 20 feet Visibility Triangle See Article 3.7.4 See Article 3.7.4 Walkway Type T- 117'Sidewalk 10'- 20' Sidewalk Planter Type Individual Planters Individual Planters Curb Type Raised Raised Landscape Trees at 22' o.c. avg. Trees at 22' o.c. avg. Mobility Type Pedestrian, Bicycle, Vehicle, Transit Route Pedestrian, Bicycle, Vehicle, Transit Route Note: 10' Easement Not Applicable to T4 Note: 10' Easement Not Applicable to T4 VII1.22 MIAMI 21 FIRST READING PUBLIC HEARING 2007-06 KEY ST -57.20 Thoroughfare Type Right of Way Width Pavement Width Note: Designation refers to minimum dimension Pavement width measured to inside of curb MOVEMENTTYPES Yield below 20 mph Slow 20 - 25 mph Free 25 - 30 mph Speed 30 - 35 mph High Speed above 35 mph THOROUGHFARE TYPES Pedestrian Passage PP Alley AL Road RD Street ST Avenue AV Drive DR Boulevard BV Highway HW Thorouahfare TVDe Character Transect Zone Assignment Right -of -Way Width Sidewalk Easement Pavement Width Movement Traffic Flow Design Speed Pedestrian Crossing Time Traffic Lanes Parking Lanes Curb Radius Visibility Triangle See Article 3.7.4 Walkway Type Planter Type Curb Type Landscape Mobility Type V111.23 ARTICLE 8. THOROUGHFARES THIS PAGE LEFT INTENTIONALLY BLANK. APPENDIX A See section 627 "SD -27 Midtown Special District" of Ordinance 11000. APPENDIX B WATERFRONT DESIGN GUIDELINES See Planning Department for guidelines. THIS PAGE LEFT INTENTIONALLY BLANK.