HomeMy WebLinkAboutMiami21Document 03-16-07MIAMI 21 CODE
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MIAMI 21 PREAMBLE
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PREAMBLE How to Use the Miami 21 Code
ARTICLE 1. DEFINITIONS OF TERMS AND USES
1.1
Definitions of 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 Environmental Requirements
3.7 Thoroughfares
3.8 Special Area Plans
3.9 Historic Preservation Standards
3.10 Area Design Guidelines (Reserved)
3.11 Vision Clearance
3.12 Public Benefits Program
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ARTICLE 4. TABLES & DIAGRAMS
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
ARTICLE 5. SPECIFIC TO ZONES
5.1 Instructions
5.2 Natural Transect Zones (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
6.10
Waterfront Setbacks
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ARTICLE 7. PROCEDURES AND NON -CONFORMITIES
DIAGRAM 11 Permitting Process
7.1 Procedures
7.2 Nonconformities
ARTICLE 8. THOROUGHFARES
8.1 General Description
8.2 The Thoroughfare Across the Transect
8.3 Specific Thoroughfare Types Described
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PREAMBLE
HOW TO USE THE MIAMI 21 CODE
The following information explains how the Miami 21 Code ("Miami 21 Code" or this "Code") is
organized and may best be used. This "how to" information is not part of the Code adopted by
the City Commission.
Organization
Miami 21 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 below. 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 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. 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, vision clearances,
and the public benefits program.
Article 4, Standards & Tables, illustrates the components of the Code such as allowable uses
and parking requirements per transect zone. 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. These regulations list the uses that are permitted and prohibited in
each zone. They also state which uses are allowed with additional administrative review (a
"warrant") or review requiring public hearings (an "exception"). Specific 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.
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,
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community residential facilities; 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 Non -Conformities 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 zoning
category 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 designation 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.
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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 Dwelling: Detached or attached building used as permanent
residence by a single housekeeping unit. The term is general, including such specialized
types as courtyard, patio, row, town and other 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
section 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 section 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: An attached or detached building containing two dwelling units, each
of which provides a residence for a single housekeeping unit.
Multi Family Housing: A building or portion thereof containing three or more dwelling units
each of which has direct access to the outside or to a common hall. A multifamily structure
where dwelling units available for lease or rent for less than one month shall be considered
Lodging.
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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 exceeding 10 lodging units that may provide
services for dining, meeting and recreation.
Inn: A group of lodging units not exceeding 25 lodging units that may provide services for
dining, meeting and recreation.
Hotel: A group of lodging units exceeding 25 lodging units 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 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.
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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 hereunder shall be based upon the activity therein conducted
or proposed to be conducted as set out above and in these regulations and 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
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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 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.
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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 §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.
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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.
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.
Research Facility: A facility conducting research, development, and testing in various fields
of science.
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, all of which
shall 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.
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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.
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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 a 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: An alley is any thoroughfare or passageway (not officially designated as a street)
designated as an alley 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 on 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. See Rear Lane.
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.
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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 12 feet connecting a
principal building to an outbuilding. (See Table 8.)
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.
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.
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.
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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 provide 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
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
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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 City 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.
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.
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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, 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.a.
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 12 feet wide, above which dimension
it becomes subject to the constraints of a parking lot.
Dwelling Unit: Residence of one household. See Article 6, Section 6.2.1.
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.
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.
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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 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 which 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) as amended, 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) as amended).
(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.
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 porches, balconies and roof areas.
Floor Lot Ratio (FLR): The multiplier applied to lot area that determines the maximum
building area allowed in a given transect zone. The FLR includes all covered indoor and
outdoor areas.
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Frontage: Property line or Base Building Line abutting a public space, such as a street,
whether at the front, rear, or side of a lot.
Frontage, Principal: That Frontage facing the public space such as a street 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 street that is of lesser pedestrian importance.
Frontage Line: That lot lines 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.
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 open space, excluding parking garages, self-service storage
facilities, warehouses, and display windows separated from retail activity.
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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; 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.b.
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 Table 8
Layer, First: The distance between the Base Building Line and the required Setback
Layer, Second: Twenty feet from the face of the Building.
Layer, Third: That portion of the Lot that is not within the First and Second Layer.
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
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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.
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, net: 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.
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
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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.
Nonconforming Characteristics of Use: Characteristics of use where the nonconformity
was created by ordinance adoption or amendment, as provided in Article 1 of this ordinance,
as well as those where nonconformity was created by public taking or court order, as
provided in Article 1 of this ordinance.
Nonconforming Structure: Any building or structure where the nonconformity was created
by ordinance adoption or amendment, as provided at Article 1 of this ordinance. 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 lot dimensions, lot coverage, height, yards, location on
the lot, floor area 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.
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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.
Outdoor Photographic Stage Sets: An outdoor photographic stage set is 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.
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 (PP): 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
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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 Zone 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 center line of 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.
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.
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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.c.
Retail Frontage Line: Frontage Lines designated on a Special Area Plan that require the
ground level to be available for retail use.
Rowhouse: A single-family dwelling that shares a party wall with another dwelling 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 T -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.
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.
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Stall / Berth: The space within which 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 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.
Substantial Change: See Article 7 of this ordinance.
Substantial Modification: Alterations to a building that are valued at more than 50% of the
replacement cost of the entire building, if new.
Tandem Parking: The placement of parking spaces one behind the other, so that the
space nearest the driveway, street or alley serves as the only means of access to the other
space. Tandem parking spaces may be used only by occupants of the same unit.
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.
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.
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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.
Tower: In T-6 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 private 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.
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.
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.
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.
Variance: Permit approved pursuant to the requirements of Section 7.1.2.7 of this Code.
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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 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 there is material impediment 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 Section 7.1.2.5 of this Code.
Warrant: Permit approved pursuant to the requirements of Section 7.1.2.4 of this Code.
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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 these regulations.
For purposes of these regulations, and notwithstanding the definition of structure generally
applicable in these regulations, 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.
2. Signs not visible beyond the boundaries of the lot or parcel upon which they are
located, or from any public right-of-way.
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MIAMI 21 ARTICLE 1. DEFINITIONS
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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 sign 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.
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
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MIAMI 21 ARTICLE 1. DEFINITIONS
DRAFT IN PROGRESS 03.16.07
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 these regulations, 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 noncommercial
messages, or combinations thereof, which are directly related to the uses or premises on
which erected.
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.
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MIAMI 21 ARTICLE 1. DEFINITIONS
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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 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.
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.
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
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MIAMI 21 ARTICLE 1. DEFINITIONS
DRAFT IN PROGRESS 03.16.07
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.
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MIAMI 21 ARTICLE 2. GENERAL PROVISIONS
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ARTICLE 2. GENERAL PROVISIONS
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MIAMI 21 ARTICLE 2. GENERAL PROVISIONS
DRAFT IN PROGRESS 03.16.07
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; improve 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 ("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 through improved street connectedness to encourage
walkability and transit use
• increasing tree canopy
• encouraging green building
b. The development goals include:
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MIAMI 21 ARTICLE 2. GENERAL PROVISIONS
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• maintaining the future growth capacity of to the city core 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 Zone. 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.
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MIAMI 21 ARTICLE 2. GENERAL PROVISIONS
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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.
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MIAMI 21 ARTICLE 2. GENERAL PROVISIONS
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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. 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 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.
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MIAMI 21 ARTICLE 2. GENERAL PROVISIONS
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g. Civic building 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 6.27, "SD -27 Midtown Special District" is hereby retained and
incorporated as Appendix A hereto, and except that the following sections of
Ordinance 11000 are retained and incorporated herein: Section 926, Subsection
926.15; Section 10.1, Subsections: 10.4.1, 10.4.3, 10.4.4, 10.4.5, 10.4.12,
10.4.15; and Section 10.8 in its entirety.
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 bear the seal of
the city.
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MIAMI 21 ARTICLE 2. GENERAL PROVISIONS
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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 and such other information as is required to make
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
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 there are conflicts between
the City of Miami Engineering Standards for Design and Construction and the
standards of this Code.
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 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.
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MIAMI 21 ARTICLE 2. GENERAL PROVISIONS
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2.2.4.2 The following general rules of construction shall apply to the text of this
Code:
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,
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MIAMI 21 ARTICLE 2. GENERAL PROVISIONS
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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.
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.
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MIAMI 21 ARTICLE 2. GENERAL PROVISIONS
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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.
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
MIAMI 21 ARTICLE 3. GENERAL TO ZONES
DRAFT IN PROGRESS 03.16.07
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.
3.4 DENSITY CALCULATIONS
3.4.1 Net Lot Area is used for purposes of Density calculation.
MIAMI 21 ARTICLE 3. GENERAL TO ZONES
DRAFT IN PROGRESS 03.16.07
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 T -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 14 feet in height from
finished floor to finished floor. Attics and basements are not considered Stories for
the purposes of determining building height. Ground level retail Story may exceed
this limit up to 25 feet. A single floor level exceeding 14 feet or 25 feet at ground level
retail shall be counted as two Stories. Mezzanines may be allowed in the Third Layer
and may not exceed 15% of the floor area. Mezzanines extending beyond 15% 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 or exceed the maximum height by eight 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
parapet walls, which shall not extend more than 3.5 feet above the maximum height.
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
MIAMI 21 ARTICLE 3. GENERAL TO ZONES
DRAFT IN PROGRESS 03.16.07
Ordinance as stated in Article 37 of the Code of Miami -Dade County (Miami
International Airport) shall apply to heights of building and structures.
A letter authorizing clearance from the Miami -Dade Aviation Department shall be
provided to the Zoning Administrator prior to the issuance of any building permit or
certificate of use.
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, D1, D2, Cl and CS districts
shall be certified at a minimum for the USGBC LEED silver certification.
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. They 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, and street trees.
MIAMI 21 ARTICLE 3. GENERAL TO ZONES
DRAFT IN PROGRESS 03.16.07
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 should
share use of lanes on Thoroughfares with design speed of 35 mph or less.
Medium speed Thoroughfares may include dedicated bicycle lanes. Greenways,
waterfront walks and other Civic Spaces should include bicycle lanes.
e. 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
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 5 and Table 6.
3.7.3 Public Frontages
a. Public Frontages should be designed as shown in Table 6 and allocated within
Transect Zones as specified in 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 and Table 6).
Il
MIAMI 21 ARTICLE 3. GENERAL TO ZONES
DRAFT IN PROGRESS 03.16.07
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 and Table 6).
3.8 SPECIAL AREA PLANS
The purpose of a Special Area Plan is to allow parcels greater than ten contiguous
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.
3.8.1 General
a. The owners of contiguous property in excess of ten acres may apply for a
rezoning to a Special Area Plan.
b. A Special Area Plan may be approved by the process of rezoning or
administratively pursuant to Section 3.8.2.
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 Net 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
MIAMI 21 ARTICLE 3. GENERAL TO ZONES
DRAFT IN PROGRESS 03.16.07
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 Shopfront at sidewalk level
along the entire length of the Frontage. The Shopfront shall be no less than
70% glazed in clear glass and provided with an awning overlapping the
sidewalk as generally illustrated in 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 Table 6.
4. Build -to -lines that differ from T -Zone setback requirement.
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 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.
3.8.2. Administrative Special Area Plan.
a. Parcels of land in the T6-24, T6- 36 and T6-48 Transect Zones containing 10 acres
or more, all of which property is touching or separated only by an easement or
Thoroughfare, may be approved by Warrant as an administrative Special Area Plan if
the following minimum criteria are met:
The Special Area Plan encompasses only one Transect Zone.
2. The Special Area Plan provides public benefits greater than those which would
be required under the public benefits bonus program in section 2.10. The entire
site of the Special Area Plan shall be considered the site of the public benefits
program.
3. Historic resources within the Special Area Plan are either preserved and restored
onsite or relocated and restored on an alternate site, as permitted in Chapter 23
of the City Code.
4. The plan provides a parking management program that enables shared parking
among public and private uses.
MIAMI 21 ARTICLE 3. GENERAL TO ZONES
DRAFT IN PROGRESS 03.16.07
5. No property in the Special Area Plan shall be rezoned to a higher density or
intensity transect zone.
6. The requirements of section 3.8.1 a. -g. shall apply.
3.9 HISTORIC PRESERVATION STANDARDS
Refer to Chapter 23, City Code.
3.10 AREA DESIGN GUIDELINES (RESERVED)
(Note; this section is reserved for additional regulations defining elements to protect
and promote character of neighborhoods.)
3.11 VISION CLEARANCE
3.11.1 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
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.
MIAMI 21 ARTICLE 3. GENERAL TO ZONES
DRAFT IN PROGRESS 03.16.07
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.
3.11.2. Variances prohibited. No variances from the provisions of section 3.11 are
permitted.
3.12 PUBLIC BENEFITS PROGRAM
3.12.1 The intent of the public benefits program established in this section is to allow bonus
building capacity in T-6 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 T-6 zone if the property abuts a T-3 zone. The bonus
capacity shall be permitted by warrant if the proposed development contributes
toward the specified public benefits in the amount and in the manner as set forth
herein.
• T6-8: eight -story maximum; bonus to 12 stories, FLR 5; bonus to 125%
• T6-12: twelve -story maximum; bonus to 20 stories, FLR 8, bonus to 130%
• T6-24: twenty-four story maximum; bonus to 48 stories, FLR 6, bonus to 130%
• T6-36: thirty -six -story maximum; bonus to 60 stories, FLR 12 or 20, bonus to 140%
• T6-48: forty -eight -story maximum; bonus to unlimited stories, FLR 24; bonus
unlimited
T -zone heights are fully described in Article 5.
3.12.2 Upon providing a binding commitment for the specified public benefits as provided in
section 3.12.3 below, the proposed development project shall be allowed to build
within the restrictions of the specific zone, up to the bonus height as established in
Section 3.12.1. The additional square footage available through this program may be
built only in the bonus height area of the building. The only square footage allowed
above the maximum height is that achieved through the bonus height program.
3.12.3 The proposed bonus height 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, and brownfields. 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 buildings made under this section.
The City Commission, upon the manager's recommendation, shall annually decide
the expenditure of funds from the Trust Fund.
a. Definitions
MIAMI 21 ARTICLE 3. GENERAL TO ZONES
DRAFT IN PROGRESS 03.16.07
• Affordable/workforce housing shall mean: housing available to families which
meet the qualifications as established by the city Community Development
Department.
• 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 either 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.
3.12.4 For the purposes of the public benefits program, the following criteria shall apply:
a. Affordable/workforce housing. The development project 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 3.12.1.
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 height as described in Section 3.12.1. 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 height described in Section 3.12.1. The cash contribution shall be
equivalent to the economic value (capitalized prospective sales price of the
land) of the bonus square footage of the completed project. The methodology
for calculating the value shall be maintained in the Planning Department.
b. Public Parks and Open Space. The development project 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. For each square
foot of dedicated public park or open space provided, the development shall
be allowed two times the equivalent amount of additional square footage up
to the bonus height as described in Section 3.12.1. The open space may be a
Park, Green or Square, as more fully described in Table 7 of this Code.
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
MIAMI 21 ARTICLE 3. GENERAL TO ZONES
DRAFT IN PROGRESS 03.16.07
park or open space provided, the development shall be allowed an equivalent
amount additional square footage up to the bonus height as described in
Section 3.12.1. 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 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 height as described in Section 3.12.1. The
cash contribution shall be equivalent to the economic value (capitalized
prospective sales price of the land) of the bonus square footage of the
completed project. The methodology for calculating the value shall be
maintained in the Planning Department.
c. Historic Preservation. Bonus height to the maximum bonus height as described
in Section 3.12.1 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. Additional square feet shall be allowed for buildings certified by
the U.S. Green Building Council as follows:
Gold: 6.0% of the floor lot ratio (FLR)
Platinum: 14.0% of the floor lot ratio (FLR)
If at the time of certificate of occupancy is issued LEED certification has not
been achieved, then a payment in lieu shall be required prior to the issuance
of the certificate of occupancy. The cash contribution shall be equivalent to
the economic value if the awarded square feet were purchased through the
Miami 21 Public Benefits Trust Fund. The methodology for calculating the
value shall be maintained in the Planning Department.
e. Brownfields. One additional story of height shall be permitted for redevelopment
on a brownfield site as defined herein.
3.12.5. No building permit shall be issued for bonus height 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.
10
MIAMI 21
DRAFT IN PROGRESS 03.16.07
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
MIAMI 21
DRAFT IN PROGRESS 03.16.07
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.
TABLE 1 TRANSECT ZONE DESCRIPTIONS
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a. LotArea
not applicable
not applicable
M--
M-1 M I M I
owl
5,fn0 sf min
40, 000 s f. max
p
�p� ��
p
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5,000 s.f. min. as per abutting zone as per abutting zone
It. Lot Width
not applicable
I,
50 ft. min.
16 R. min/ 50 ft. min.
15 R. min / 50 R. min.
T1
T2
T3
T4
TS T6 -8_T6 -12_T6 -24_T6 -36_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,fn0 sf min
40, 000 s f. max
5,fn0 sf min.
40,000sf. ma:
5,0fn sf. min.
100, 000 s f. max
10,0fn sf. min.
1W,L00 s f. max
10,000 sf min.
1000a)s fma:
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 ft min.
50 R. min.
50 R. min.
100 R. min.
100 R. min.
50 ft. min.
50 R. minas per abutting zone as per abutting zone
c. Lot Coverage
not applicable
not applicable
50%max
60%max
809/.max
80%max
80%max
80%max
809/.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
5
12 or 22
24
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.
609/.min.
70 % min.
70 % min.
70 % min.
709/.min.
70 % min.
0%min.
None as per abutting zone as per abutting zone
f. Open Space Requirements
not applicable
not applicable
259/61ot area min.
15% lot area min.
109/. lot area min.
109/61ot area min.
109/61ot area min.
10% lot area min.
109/. lot area min.
10%lot area min.
59/61ot area min.
59/61ot area minas 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 as per abutting zone I as per abutting zone
BUILDING SETBACK
a. Principal Front
not applicable
not applicable
20 ft. min.
10 ft.
10 ft. (easement)
10 ft (easement)
10 ft. (easement)
10 ft. (easement)
10 ft. (easement)
10 ft. (easement)
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. (easement)
10 ft min.
10 ft. min.
10 ft. min.
10 ft.
10 ft.
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.
0 ft. min.
0 ft min.
0 ft. min.
0 ft. min.
0 ft.
0 ft
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.
0 ft. min.
0 ft min.
0 ft. min.
0 ft. min.
0 ft.
0 ft
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
W b. 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 as 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 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
I 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
prohibited
prohibited
permitted
permitted
permitted
5 max.
8 max.
12 max.
24 max.
36 max.
48 max.
8 max.
8 max.
prohibited
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
permitted
permitted
permitted
permitted
permitted
permitted
permitted
permitted as per abutting zone as per abutting zone
f.CS&AV
prohibited
prohibited
prohibited
prohibited
PARI If. FRONTAGES
a. HW & RR
permitted
permitted
permitted
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited
prohibited as per abutting zone as per abutting zone
It. 3V
prohibited
prohibited
permitted
permitted
permitted
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
premitted
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
premitted
premitted
premitted
premitted
premitted
premitted
premitted
premitted
premitted
premitted
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
DRAFT IN PROGRESS 03.16.07
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
TABLE 3 BUILDING FUNCTION: USES
SUB -URBAN URBAN GENERAL URBAN CENTER URBAN CORE CIVIC DISTRICTS
9 18 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 I R R I R I R
E E R R JR
R
R R R R R R R R R R R
R 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
W W W R R
R W R R R R R
R
R R R R W R R E E R R
R R R R R R R R
R R R R W R R E E 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 E E R R
W W W W W W W R R
W W W W R R W R R W R R R R R R
E E R R R R E R R R R R
E W W W W W W R R R
W W W W W W W W W W W W W W W R
E E E E 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 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 W W W W R E
E E R R R R R E E
E E E E E E W W W W R E
E E E E E E R R R R R E
E W W W W R R R
E E R I I W R
W W R* R
W* R
R* R
R* R
R* R
R Allowed By Right Some uses may require Compliance Reviews, Supplemental Regulations and/or State Regulations.
WAllowed By Warrant: Administrative Process - CRC (Coordinated Review Committee) Refer to Article 6, Section 6.
E Allowed By Exception: Public Hearing - granted by PZAB (Planning, Zoning & Appeals Board) Additional densities in some T6 zones are illustrated in Diagram 9.
AZ: Density of Abutting Zone
MIAMI 21
DRAFT IN PROGRESS 03.16.07
TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING
T3 - SUB -URBAN ZONE
DENSITY (UPA)
9 UNITS PER ACRE
18 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
MIAMI 21 TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING (CONTINUED)
DRAFT IN PROGRESS 03.16.07
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.
feet of office use.
Minimum of 3 parking places for every 1,000 square
• Parking ratio may be reduced according to the shared
feet of office use.
parking standard.
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.
Minimum of 3 parking spaces for every 1,000 square feet
Minimum of3 parking spacesforevery 1,000 squarefeet
of commercial use.
of commercial use.
A maximum area of 4,000 square feet.
A maximum area of 4,000 square feet.
Food establishments of a maximum seating capacity
Food establishments of a maximum seating capacity
of 40 patrons.
of 40 patrons.
Parking ratio may be reduced according to the shared
Parking ratio may be reduced according to the shared
parking standard.
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
MIAMI 21 TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING (CONTINUED)
DRAFT IN PROGRESS 03.16.07
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 parking space per principal dwelling unit.
Minimum of 1 parking space per principal dwelling 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
Home office uses permissible as listed in Table 3, limited
parking standard.
parking standard.
by compliance with:
Parking for residential uses may be provided off-site
Parking for residential uses may be provided off-site
Allowable in the principal building or in an ancillary
within a distance of 1,000 feet.
within a distance of 1,000 feet.
building.
• Loading required as listed in Loading Berth Standards.
• Loading required as listed in Loading Berth Standards.
Minimum of 1 parking space in addition to the parking
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
Table 3, limited by compliance with:
Table 3, limited by compliance with:
Loading needs shall be accommodated on site.
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
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.
Minimum of 3 parking spaces for each 1,000 square feet
Minimum of3 parking spacesforevery 1,000 square feet
of office use.
of office use.
Parking ratio may be reduced according to the shared
Parking ratio may be reduced according to the shared
parking standard.
parking standard.
Parking ratio may be provided off-site within a distance
Parking may be provided off-site within a distance of
of 1,000 feet.
1,000 feet.
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,
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.
Minimum of3 parking spacesforevery 1,000 square feet
Minimum of3 parking spacesforevery 1,000 square feet
of commercial space.
of commercial space.
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.
• 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
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.
MIAMI 21 TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING (CONTINUED)
DRAFT IN PROGRESS 03.16.07 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.
MIAMI 21 TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING (CONTINUED)
DRAFT IN PROGRESS 03.16.07
T6 - URBAN CORE ZONE
DENSITY (UPA)
150 UNITS PER ACRE
150 UNITS PER ACRE
200 —1,000 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 parking space per principal dwelling unit.
Minimum of 1 parking space per principal dwelling unit.
Minimum of 1 parking space per principal dwelling 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-workNVork-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
Minimumofl additional parking space forevery 15 lodging
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 foroffice use on each lot in is
Minimumof2 parking spacesforevery 1,000 squarefeet
limited to four stories of the principal building.
of office use.
Minimu m of 2 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 for office uses may be provided off-site within a
parking standard.
distance of 1,300 feet.
Parking for office uses may be provided off-site within a
• Loading required as listed in Loading Berth Standards.
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.
MIAMI 21 TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING (CONTINUED)
DRAFT IN PROGRESS 03.16.07
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 office use on each lot is
• The requirement of 2 parking spaces for every 1,000
of 4,000 square feet each.
limited to four stories of the principal building.
square feet of commercial space.
Thebuildingareaallowed forcommercialuse oneach lotis
Minimum of3 parking spacesforevery 1,300squarefeet
Parking ratio may be reduced according to the shared
limited to the first four stories of the principal building.
of commercial space.
parking standard.
Minimum of3 parking spacesforevery 1,000 square feet
Parking ratio may be reduced according to the shared
Parking may be provided off-site within a distance of
of commercial use.
parking standard.
1,300 feet.
Loading required as listed in Loading Berth Standards.
Parking for commercial use may be provided off-site
• Loading required as listed in Loading Berth Standards.
Loading needs shall be accommodated on 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.
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 spacesforevery 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.
10
MIAMI 21 TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING (CONTINUED)
DRAFT IN PROGRESS 03.16.07
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:
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 ay be reduced according to the shared parking standard.
Parking ay be reduced according to the shared parking standard.
Loading required as listed in Loading Berth Standards.
Loading required as listed in Loading Berth Standards.
Loading needs, including maneuvering, shall be accommodated on site.
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
MIAMI 21 TABLE 4 BUILDING FUNCTION: INTENSITY & PARKING (CONTINUED)
DRAFT IN PROGRESS 03.16.07
DENSITY (UPA) 9 UNITS PER ACRE NIA
D - DISTRICT
RESIDENTIAL
Residential Uses are permissible as listed in the Table 3, limited by compliance with:
OFFICE
1 unit per lot of record.
Office Uses are permissible as listed in the Table 3, limited by compliance with:
Minimum of 1 parking space per dwelling unit.
Minimum of 2 parking spaces for every 1,000 sf of office space.
LODGING
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 ofcommercial 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.
INDUSTRIAL
Industrial Uses are permissible as listed in the Table 3, limited by compliance with:
Industrial Uses are permissible as listed in the Table 3, limited by compliance with:
Minimum of 1 parking space for every 1,000 sf of industrial use.
Minimum of 1 parking space for every 1,000 sf of industrial use.
Parking may be reduced according to the shared parking standard.
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.
Parking for industrial 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.
Please reference Performance Standards for additional specific requirements.
Please refer to Article 6 for additional specific requirements.
12
MIAMI 21
DRAFT IN PROGRESS 03.16.07
TABLE 5 BUILDING FUNCTION: PARKING AND LOADING
SHARED PARKING STANDARDS
SHARING FACTOR The Parking Calculation Table is a summary of the parking requirements that appear in Table 4, along
with the associated Sharing Factors. The Effective Parking required for any two functions whose den -
Function with Function sity is already determined is the sum of the Required Parking divided by the Sharing Factor.
RESIDENTIAL
LODGING
OFFICE
RETAIL
PARKING STANDARDS
RESIDENTIAL
r—
LODGING
OFFICE
RETAIL
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
13
MIAMI 21
DRAFT IN PROGRESS 03.16.07
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.
f. Shopfront and Awning: a frontage wherein the facade is aligned
close to the frontage line with the building entrance at sidewalk
grade. This type is conventional for retail use. It has substantial
glazing at the sidewalk level and an awning that may overhang
the sidewalk.
g. Gallery: a frontage wherein the facade is aligned close to the frontage line
with an attached cantilevered or a lightweight colonnade overlapping the
sidewalk. This type is conventional for retail use. The gallery shall be no less
than 10 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
overlaps the sidewalk, while the facade at sidewalk level remains at the
frontage line. This We is conventional for retail use. The arcade shall be
no less than 12 feetwide and may overlap the whole width of the sidewalk
to within 2 feet of the curb. Permitted by Special Area Plan.
SECTION
LOTR.O.W.
PRIVATE I- PUBLIC
FRONTAGE FRONTAGE
14
TABLE 6 FRONTAGES
PLAN
LOT R.O.W.
PRIVATE► .4 PUBLIC
FRONTAGE FRONTAGE
FT4
,j[T4
j!M!gd'
T4
T4
TS
T6
T4
TS
T6
TS
T6
T5
T6
JLT6
MIAMI 21
DRAFT IN PROGRESS 03.16.07
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, including non-users of adjacent development.
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
spatially defined by building frontages and may include street frontages. Its landscape shall consist O O
primarily of pavement and trees. Plazas shall be located at the intersection of important streets. The O - 0O
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. 1HO
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
areas and may be placed within a block. Playgrounds may be included within parks and greens.
There shall be no minimum or maximum size. 00
g. Pedestrian Passage: An open space connecting other public spaces, that is restricted to pedes- L
trian use and limited vehicular access, of a minimum width of 20 feet. Building walls enfronting
a Pedestrian Passage shall have frequent doors and windows. In T6-48, a Pedestrian Passage
may be roofed.
15
MIAMI 21
DRAFT IN PROGRESS 03.16.07
a. THOROUGHFARE &FRONTAGES
TABLE 8 DEFINITIONS ILLUSTRATED
Building Private Public Vehicular Lanes Public Private Building
Frontage Frontage I Frontage Frontage
Private Lot
b. TURNING RADIUS
i
I
I
i
\ i
i
I�
i J J
FYI\ 2-------------------
C C
/ 1 -Radius at the Curb
2 -Effective Turning Radius
d. LOT LAYERS
I I
I I 3i1 Layer
I RI
I zl
I �I
d I 2ntl Layer*
I I
I I
Principal Fronta.
ge
i" Layer
_._._._._._._.l._._._._.__.J
01
3itl2'" Layr
Thoroughfare (R.O.W.) I Private Lot
c. BUILDING DISPOSITION
■ i i
I 3 I
i 2 i
I I
1 I 1 I
1- Principal Building
2- Backbuilding
_._._._._._.l._._._._._._.J 3 -Outbuilding
16
e. FRONTAGE & LOT LINES
I 5 I
4 I 4
I I
I I
i2 i1
4 4 4 3 i
i I
1 -Frontage Line
2 -Lot Line
3 -Facades
3 3 4 -Elevations
_._.- ._._._1 ._._.J 5-Streetscreen
MIAMI 21 DIAGRAM 9 RESIDENTIAL DENSITY INCREASE AREAS
DRAFT IN PROGRESS 03.16.07 AS MODIFIED BY 2004 COMPREHENSIVE PLAN
17
a 20th Street
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500 units/acre
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300 units/acre
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1000 units/acre
Flagler Street
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500 units/acre
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8th Street
200 units/acre
BRICKELL
500 units/acre
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17
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
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
5.1.2 Where the property to be developed abuts an existing building, the Planning Director
will grant a Waiver so that the proposed Building matches or provides a transition to
adjacent setbacks.
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
5.2 NATURAL TRANSECT ZONE (T1) AND RURAL TRANSECT ZONE (T2)
(RESERVED)
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
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 T3R, one Principal Building at the Frontage may be built on each lot as
shown in Table 8. In Zones T3L and T3O, 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 10
feet. A Backbuilding may connect the Principal Building and the Outbuilding.
f. Setbacks for Principal Buildings shall be as shown in Table 2. 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.
h. The Rear Setback for an Outbuilding shall be a minimum of 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 Tables 2 and 6 and Diagram
5.3.
b. Encroachments shall be allowed as follows:
3
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
At the First Layer stoops may encroach up to 8 feet of the depth of the Setback.
Open Porches shall be at a minimum 7 feet deep and a maximum height of 1
story, and may encroach up to 8 feet of the depth of the Setback. Cantilevered
awnings, balconies, bay windows and roofs shall be a maximum 3 feet deep and
may encroach up to 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 50% of the depth of the Setback or 3 feet, whichever is less.
c. Screen enclosures shall be located within the Second or Third Layer only and
shall have a 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 Table 2 and
be as shown in Diagram 5.3. The first -floor elevation of a Principal Building shall
be a minimum height of 1 foot and maximum of 2.5 feet.
A flat roof shall be enclosed by parapets of the minimum height necessary to
conceal mechanical equipment and a maximum height of 3.5 feet. At the roof,
other ornamental building features may extend up to 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 8 feet. Extensions above
the maximum height up to 400 square feet for either a stair enclosure or a
decorative purpose shall be permitted by process of Waiver.
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 3.5 feet within the First
Layer. Within the Second and Third Layers, fences and walls shall not exceed 6
feet.
5.3.3 Building Function & Density (T3)
a. Buildings in T3 shall conform to the Functions, Densities, and Intensities
described in Tables 3 and 4. Certain Functions as shown in Table 3 shall require
approval by Warrant or Exception. Consult Article 6 for any supplemental use
regulations.
4
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
5.3.4 Parking Standards (T3)
a. Vehicular parking shall be required as shown in Tables 4 and 5.
b. Parking shall be accessed by the Alley or Rear Lane, when such is available.
c. Open parking areas shall be located within the Second and Third Layers, as
shown in 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, 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 12 feet at
the Property Line. Two separate driveways on one lot shall have a minimum
separation of 15 feet.
e. Tandem parking on site shall be encouraged.
f. Shared parking shall be calculated according to 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 50 feet of
Frontage Line.
b. At the First Layer, pavement shall be limited as follows: Impervious pavement
shall be limited to 30% of the area and pervious pavement shall be limited to
60% of the area; a combination of pervious and impervious pavement shall be
limited to 60% of the lot area in the First Layer.
c. Green Space shall be a minimum 25% of the total lot area.
5
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
5.3.7 Sign Standards (T3)
As per Section 6.8.
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 4. Lighting of building
and open space of First and Second Layers shall be compatible with street
lighting of abutting public spaces.
I
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07 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)
WA
e. Frontage at front setback
WA
f. Green Space Requirements
25% lot area min.
g. Density
T3 R=9 dulacre max.;
T3 L=18 dulacre max.;
T3 0=18 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.
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 andlor 25 ft. to eave max.
b. Outbuilding 2 stories and/or 25 ft. to eave max.
BUILDING PLACEMENT
Secondary Front _
10' min. i 1st
Corner Lot oyer
I
20' min. 5' min. 2nd & 3rd
i
------- —' --------------- -- Layer
i r--
Mid -Block o� ,l
'�� 20' min.
5 min.
1st 2nd 3rd
Layer Layer Layer
OUTBUILDING PLACEMENT
F— — — — _—— — — ——
—— ---
I 10' min. j 1st
Corner Lot j Layer
2nd & 3rd
min.
Layer
---- --- ------------------------------------- - - -
i 20' min. I I
Mid -Block —
._._.—.—.—.—.--------- .------- .—$, min,
1st 2nd 3rd
Layer Layer Layer
PARKING PLACEMENT
15t 2nd 3rd
Layer Layer Layer
BUILDING HEIGHT
i I
Max.---�' Max.
Heigh{ 2 2 j Height
i � I
i 1 j i
F I
10' min. j 1st
j Layer
Corner Lot
20' min.
2nd & 3rd
30 % mI,,x. min. 14 Layer
Mid Block
-------- ,_,_, --------- ,_._,._._,5, miln,ll
15t 2nd 3rd
Layer Layer Layer
BUILDING HEIGHT
i I
Max.---�' Max.
Heigh{ 2 2 j Height
i � I
i 1 j i
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
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.
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 Table 8. The Outbuilding
shall be separated from the Principal Building by a minimum of 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 50% of its
length.
h. The Rear Setback for an Outbuilding shall be a minimum of 6 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 Tables 2 and 6 and
Diagram 5.4.
b. Encroachments shall be allowed as follows:
0
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
At the First Layer stoops may encroach up to 50% of the depth of the Setback.
Open Porches shall be at a minimum 7 feet deep and a maximum height of 1
story, and may encroach up to 50% of the depth of the Setback. Cantilevered
awnings, balconies, bay windows and roofs shall be at a maximum 3 feet deep
and may encroach up to 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 50% of the depth of the Setback or 3 feet, whichever is less.
c. Screen enclosures shall be located within the Second or Third Layer only and
shall have a 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. 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 Table 2 and
be as shown in Diagram 5.4. The first -floor Elevation of Principal Building shall
be at average sidewalk grade; a first -floor Residential or Lodging Function should
be at a minimum height of 2 feet and a maximum height of 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 3.5 feet. Other
ornamental building features may extend up to 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 8 feet. Extensions above
the maximum height for a stair enclosure or decorative purpose of up to 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 3.5 feet at the First Layer. Within the Second and Third
Layers, fences and walls shall be a maximum height of 6 feet.
5.4.3 Building Function & Density (T4)
a. Buildings in T4 shall conform to the Functions, Densities, and Intensities
described in Tables 3 and 4. Certain functions as shown in Table 3 shall require
approval by Warrant or Exception. Consult Article 6 for any supplemental use
regulations.
0
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
5.4.4 Parking Standards (T4)
a. Vehicular parking shall be required as shown in 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 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 first -floor elevation of First and Second Layers above that of 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
12 feet at the Property Line. Driveway separation at the Property Line shall be a
minimum of 10 feet. Shared driveway width combining ingress and egress shall
be a maximum of 20 feet at the Property Line.
g. Tandem parking on site shall be encouraged.
Shared parking shall be calculated according to Table 5.
Within a half mile radius of a TOD, the Required Parking may be decreased by
thirty percent (30%) by process of Waiver.
In T4L and T4O a minimum of one bicycle rack shall be provided within the
Private Frontage for every ten vehicular parking spaces.
5.4.5 Architectural Standards (T4)
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 70% of the sidewalk level story. Security screens shall
be 70% open.
f. Roof materials should be light-colored, high -albedo or a planted surface.
10
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
5.4.6 Landscape Standards (T4)
a. A minimum of 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 40% of the area and pervious pavement shall be limited to
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 Section 6.8.
5.4.8 Ambient Standards (T4)
Noise regulation shall be as established by the City Code.
a. Average lighting levels measured at the building Frontage shall not exceed 2.0 fc
(foot-candles).
b. Streetlights shall be of a general type illustrated in Table 5. Lighting of building
and open space of First and Second Layers shall be compatible with street
lighting of abutting public spaces.
c. Loading docks and service areas shall be permitted on Frontages only by Waiver.
11
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
THIS PAGE LEFT INTENTIONALLY BLANK.
12
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.15.07 5.4. GENERAL URBAN TRANSECT ZONE (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 ft. or 5 ft. min. abutting a setback
d. Rear
5 ft. min.
BUILDING PLACEMENT
Secondary Front_._._._,_
min _
10' I lot
Layer
Corner Lot 10' min. 5' min. 2nd & 3rd
i I Layer
— — — ---- ---- r—
-- ----- ----' 19- min. U 26' min.
bl
Mid -Block _ 5' min,
_ 5' min.
20' min.
a C' min.
1st 2nd 3rd
Layer Layer Layer
OUTBUILDING PLACEMENT
10' rnin.. 1st
Layer
Corner Lot
5' min. LQ & 3rd
Layer
----------- -__=====r=1=
X39' miriy�
Mid -Block ---------... --- _ 5'
5' min.
--
o' m5' min
min. 5' _!�
Max. I Ef--- ` — li
Height
----�' Max.
2 2 Height
i 1 1
13
1st 2nd 3rd
BUILDING CONFIGURATION
Layer Layer Layer
FRONTAGE
PARKING PLACEMENT
a. Common Lawn
permitted
b. Porch &Fence
permitted
----- — — --- -- ---—
10' min.
1st
c. Terrace or L.C.
permitted
Corner Lot 20' min,A
Layer
d. Forecourt
permitted
30� mak. ,� 5' min.
-----------
2nd & 3rd
Layer
_
r=---=__; y;�`
e. Stoop
permitted
----
f. Shopfront & Awning
permitted (T4 L & T4 0 only)
Mid -Block _ _ _ _ _._ _min_
5m_ln.
g. Gallery
prohibited
20' mkx. min_►- I�
h. Arcade
prohibited
BUILDING HEIGHT
��►�
1st 2nd 3rd
a. Principal Building
3 stories max.
Layer Layer Layer
b. Outbuilding
2 stories max.
BUILDING HEIGHT
Max. I Ef--- ` — li
Height
----�' Max.
2 2 Height
i 1 1
13
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
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 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. Buildings shall have their principal pedestrian entrances on a Frontage Line or
from a courtyard at the Second Layer.
f. Facades shall be built parallel to the Principal Frontage Line along a minimum of
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 75 feet.
Vehicular entries shall occur at a minimum spacing of 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 6 feet measured from the Property Line or
as shown in Diagram 5.5.
For Lots of 250 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 300 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 650 feet from a Thoroughfare intersection, a
vehicular cross block passage shall be provided as a public easement.
14
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
5.5.2 Building Configuration (T5)
a. Development within Private Frontages shall comply with 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 100% of the depth of the Setback; above the
first story, cantilevered balconies, bay windows, and roofs shall be at a maximum
3 feet deep and may encroach up to a 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 15 feet depth and may encroach up to
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 6 feet minimum side and rear Setback.
e. 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 likes 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.
g. Building Heights shall be measured in Stories and shall conform to Table 2 anc
be as shown in Diagram 5.5. The first -floor elevation shall be at average
sidewalk grade. A first -floor Residential or Lodging Function should be raised a
minimum of 2 feet and a maximum of 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 3.5 feet. Other ornamental
building features may extend up to 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 8 feet. Extensions above the maximum height
for stair, elevator and mechanical enclosures or decorative purposes only shall
be permitted by process of Waiver.
Streetscreens shall be between 3.5 and 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 3 feet high shall be 50%
permeable or articulated to avoid blank walls.
15
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
5.5.3 Building Function & Density (T5)
a. Buildings in T5 shall conform to the Functions, Densities, and Intensities
described in Tables 3 and 4 and Section 5.5.11. Certain Functions as shown in
Table 3 shall require approval by Warrant or Exception. Consult Article 6 for any
supplemental use regulations.
b. In T5L and T5O, first story Commercial uses shall be permitted and may be
required at Mandatory Retail Frontages.
5.5.4 Parking Standards (T5)
a. Vehicular parking and loading shall be required as shown in 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, 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 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 sidewalk.
Ramps to underground parking shall be only within the Second and Third Layers.
f. The vehicular entrance of a parking lot or garage on a Frontage shall be no wider
than 25 feet and the minimum distance between vehicular entrances shall be 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. Shared parking shall be calculated according to Table 5.
Within a half mile radius of a TOD, the required parking may be decreased by
30% by process of Waiver.
In T5L and T50 a minimum of one bicycle rack shall be provided within the
Private Frontage for every ten vehicular parking spaces.
16
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
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.
b. The Facades on Retail Frontages shall be detailed as storefronts and glazed with
clear glass no less than 70% of the sidewalk -level story. Security screens shall
be 70% open.
c. Roof materials shall be light-colored, high albedo or a planted surface.
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.
b. Open Space shall be a minimum of 10% of the total lot area. Unpaved green
space shall be a minimum 5% of the total lot area.
5.5.7 Sign Standards (T5)
As per Section 6.8
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 Table 5. 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.
17
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
THIS PAGE LEFT INTENTIONALLY BLANK.
18
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07 5.5 URBAN CENTER TRANSECT ZONES (T5)
BUILDING DISPOSITION
LOT OCCUPATION
a. Lot Area
- With rear vehicular access
5,000 s.f. min.; 40,000 s.f. max.
1,200 s.f. min.; 40,000 s.f. max.
b. Lot Width
- With rear vehicular access
50 ft. min.
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 du/acre max.
BUILDING SETBACK
a. Principal Front
10 ft. (easement)
b. Secondary Front
10 ft. min. (easement)
c. Side
0 ft. min.
d. Rear
0 ft. min.
e. Abutting T4
6 ft. min.
Abutting T3
6 ft. min. 11' through 31" story
26 ft. min. above 31 story
f. Across street from T3
Principal Front
Secondary Front
10 ft. V through 31" story
20 ft. min. above 3'd 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. Principal Building 5 stories max.; 2 stories min.
19
BUILDING PLACEMENT
0' min.
st
Corner Lot 10' min. Layer
j 0' min. 2nd & 3rd
_ P Layer
-- -- --T---- - ---------------- -------
1 ,
-- 1D' min,
i
Mid -Block !L 0' min.
oI
�I 0' min. 1114
gi
'01L.__
'ti
1st 2nd 3rd
Layer Layer Layer
PARKING PLACEMENT
, min.1st
Corner Lot I A Layer
15' min. D' min. 2nd & 3rd
,1� Layer
-- - — 7 --- --- --r -- --- — `--------------
— ---
--- --
I II
i
Mid -Block L —
i I o' min.
i I
IL
I
1st 2nd 3rd
Layer Layer layer
BUILDING HEIGHT
Mc
He
Mir
He
ABUTTING T6 & T5
ABUTTING T4 ANUTTING T3
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.15.07
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 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. Buildings shall have their principal pedestrian entrances on a Frontage Line or
from a courtyard at the Second Layer.
Facades shall be built parallel to the Principal Frontage Line along a minimum of
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
or three Principal Frontages meeting at Thoroughfare intersections, the building
corner may recede from the designated Setback up to 5% of 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 75 feet.
Vehicular entries shall occur at a minimum spacing of 60 feet unless approved by
Waiver.
h. Setbacks for Buildings shall be as shown in and Diagram 5.6. Frontage Setbacks
may be adjusted to conform to the existing adjacent Frontage Setbacks by
Waiver. At property lines abutting a lower T -zone the Setbacks shall reflect the
transition as shown in Diagram 5.6.
Above the eighth floor, minimum building spacing is 60 feet, except abutting T5
the 60 feet required spacing shall be above the fifth floor.
20
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.15.07
For Lots of 250 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 300 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 650
feet from a Thoroughfare intersection a vehicular cross -block passage as a
public easement shall be provided. 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 Tables 2 and 6 and
Diagram 5.6.
b. Above the eighth floor, the building floor plate dimensions shall be limited as
follows:
• 15,000 square feet maximum for residential uses
• 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 100% of the depth of the Setback. Above the
first story, cantilevered balconies, bay windows, and roofs shall be at a maximum
3 feet deep and may encroach up to a 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.
d. Galleries and arcades shall be a minimum 15 feet depth and may encroach up to
100% of the depth of the Setback, by process of a Special Area Plan.
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.
f. Loading docks and service areas shall be internal to the building. Vehicular
entries, loading docks and service areas shall be permitted on Principal
Frontages only by Waiver.
g. Building Heights shall be measured in Stories and shall conform to 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 2 feet and a maximum of 3.5 feet above average sidewalk
grade.
21
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.15.07
A flat roof shall be enclosed by parapets of a minimum height necessary to
conceal mechanical equipment, and a maximum of 3.5 feet. Other ornamental
building features may extend up to 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 8 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.
Streetscreens shall be between 3.5 and 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 Tables 3 and 4 and Diagram 5.6. Functions that do not conform to
the requirements of Table 3 shall require approval by Warrant or Exception.
Consult Article 6 for any supplemental regulations.
b. In T6L and T6O, first story commercial uses shall be permitted and may be
required at Mandatory Commercial Frontages.
5.6.4 Parking Standards (T6)
a. Vehicular parking and loading shall be required as shown in 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, 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 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
sidewalk. Ramps to underground parking shall be within the Second or Third
Layers.
22
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.15.07
f. The vehicular entrance of a parking lot or garage on a Frontage shall be no wider
than 30 feet and the minimum distance between vehicular entrances shall be 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. Shared parking shall be calculated according to Table 5.
Within a half mile radius of a TOD, the required parking may be decreased by
30% by process of Waiver.
A minimum of one bicycle rack shall be provided within the Private Frontage for
every ten vehicular parking spaces.
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.
b. The Facades on Retail Frontages shall be detailed as storefronts and glazed with
clear glass no less than 70% of the sidewalk -level story. Security screens shall
be 70% open.
c. Roof materials may be light-colored, high albedo or a planted surface.
5.6.6 Landscape Standards (T6)
a. The First Layer as shown in Table 6 shall be paved and landscaped to match the
Public Frontage as shown in Article 8.
b. Open space shall be a minimum 10% of the total lot area. 10% of the Open
Space provided in Second or Third Layer shall be landscaped.
5.6.7 Sign Standards (T6)
As per Section 6.8
5.6.8 Ambient Standards (T6)
a. Noise regulations shall be as established in the City Code.
23
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.15.07
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 Table 5. 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.
24
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07 5.6 URBAN CORE TRANSECT ZONES (T6-8)
BUILDING DISPOSITION
LOT OCCUPATION
a. Lot Area
5,000 s.f. min.; 40,000 s.f. max.
b. Lot Width
50 ft. min.
c. Lot Coverage
10 ft. min. (easement)
-1-8 stories
80%max.
- Above 8" 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)
5 1 25%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. (easement)
- Above 8" story
20 ft. min.
b. Secondary Front
10 ft. min. (easement)
- Above 8" story
20 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. 1' through 5" story
h. Arcade
10 ft. min. b" through 8" story
30 ft. min. above 81" story
Abutting T4
6 ft. min. 1' through S" story
26 ft. min. above 5" story
Abutting T3
6 ft. min. 1' through 3'd story
26 ft. min. 41" through 51" story
46 ft. min. above 51" story
f. Across street from T3
Principal Front
10 ft. 1" through 3rd 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 8 stories
c. Max. Benefit Height 4 stories abutting T6, T5 & T4
" Or as modified in Diagram 9
1st 2nd 3rd
Lover Layer Loyrer
BUILDING HEIGHT
25
ABUTTING TO
12
n
10
9 I
e
26' m
6
s
4
3
z
ABUT TING T4
a
oyer
!nd & 3rd
.oyer
I9:1aaki lei NW381aaa1011
H: —4 P
Isl2nd Yd
Loy,
L.Y.r Ley,
ABUTTINGT5
ABUTTING T3
1 sl
Layer
2nd & 3rd
Layer
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
THIS PAGE LEFT INTENTIONALLY BLANK
26
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07 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
10 ft. min. (easement)
-1-8 stories
80%max.
- Above 8'" 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)
8 1 30%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. (easement)
- Above 8r' story
20 ft. min.
b. Secondary Front
10 ft. min. (easement)
- Above 8'" story
20 ft. min.
c. Side
0 ft. min., 30 ft. min. above 8r' story
d. Rear
0 ft. min., 30 ft. min. above 8" story
e. Abutting T6
0 ft. min., 30 ft. min. above 8" story
Abutting T5
0 ft. min.;
30, min.
10 ft. min. 6" through 8' story
30 ft. min. above 8'" story
Abutting T4
6 ft. min. 11 through 51" story
26' mh i
26 ft. min. 61" through 81" story
i
I
30 ft. min. above 8" story
Abutting T3
6 ft. min V through 3r1 story
I
26 ft. min. 4" through 5" story
46 ft. min. above 5" story
f. Across street from T3 or T4
Principal Front
10 ft. 111 through 31 story
Secondary Front
20 ft. min. above 3id 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 T6, T5 & T4
" Or as modified in Diagram 9
BUILDING PLACEMENT
ht 2nd 3rd
Layer Layer Loyer
BUILDING HEIGHT
I I
aak ener---------------
Heighti 20 j
ABUTTING T6
--------------
26
t ------------
1----i'•
— i----- `—
12
--
i
— — — L-
30, min.
1 9
Ig
!
'}7
26' mh i
s
i
I
5
i
4
I
3
12
6' min.
27
ABr1TING T4
M,
I & 3rd
rer
PARKING PLACEMENT
%t ►
1st 2nd 3rd
Layer Loye, Leyer
i � I
1 20 I 1
•
12
i I
=--- ----�-
9 30' m 1
18 i 1
7 IV min,
I fi i X17
15
q
13
j 2 0' m
1
ABUTTING Ts
i
I II
i I
i I
I
-�^---
l-
14 II
Ig �I
7 46' m
5 26' m
4
'3
j 2
ABUTTING T3
yrer
1 & 3rd
�r
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
THIS PAGE LEFT INTENTIONALLY BLANK
28
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07 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
10 ft. min. (easement)
-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
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. (easement)
- Above 81" story
20 ft. min.
b. Secondary Front
10 ft. min. (easement)
- Above 81" story
20 ft. min.
c. Side
0 ft. min.; 30 ft. min. above 81" story
d. Rear
0 ft. min.; 30 ft. min. above 81" story
e. Abutting T6
0 ft. min.; 30 ft. min. above 8<" story
Abutting T5
0 ft. min. 111 through 51" story
10 ft, min. U" through 81" story
30 ft. min. above 8" story
Abutting T4
6 ft. min. 111 through 51" story
26 ft. min. U" through 81" 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 T6, T5 & T4
" Or as modified in Diagram 9
29
BUILDING PLACEMENT
PARKING PLACEMENT
1st Ad 3rd
Layer Layer Layer
ILDING HEIGHT
Max. B♦I?nefat —h---
Hei9nt i ae
f�7
Iz
it io
i B JG' m
7
it 6
it s
a
3
Min. i
H.Ight, 2 0' mm.
ABUTTING T6
ABUTTING T4
M
1 /
M 2nd 3m
Layer Layer Layer
ABUTTING T5
ist
Layer
2nd & Ord
Layer
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
THIS PAGE LEFT INTENTIONALLY BLANK
30
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07 5.6 URBAN CORE TRANSECT ZONES (T6-36)
BUILDING DISPOSITION BUILDING PLACEMENT PARKING PLACEMENT
LOT OCCUPATION
a. Lot Area
10,000 s.f. min.; 100,000 s.f. max.
b. Lot Width
100 ft. min.
c. Lot Coverage
10 ft. min. (easement)
-1-8 stories
80%max.
- Above 811 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)
12 or 22140% 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. (easement)
- Above 8th story
20 ft. min.
b. Secondary Front
10 ft. min. (easement)
- Above 8'h story
20 ft. min.
c. Side
0 ft. min.; 30 ft. min. above 811 story
d. Rear
0 ft. min.; 30 ft. min. above 811 story
e. Abutting T5
0 ft. min. V through 511 story
g. Gallery
10 ft. min. Gh through 81h story
h. Arcade I
30 ft. min. above 811 story
Abutting T4
6 ft. min. 111 through 511 story
26 ft. min. 61 through 8th 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 I
permitted by Special Area Plan
BUILDING HEIGHT
a. Min. Height 2 stories
b. Max. Height 36 stories
c. Max. Benefit Height 24 stories abutting T6, TS & T4
ABUTTING T4
w Or as modified in Diagram 9
1a1 2nd 3rd
Lover Lover Layer
BUILDING HEIGHT
A
Lover
2nd & 3rd
Layer
1st 2nd 3rd
Layer Layer Layer
ABUTTING T6
31
ABUTTING T5
1st
Layer
2nd & 3rd
Layer
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
THIS PAGE LEFT INTENTIONALLY BLANK.
32
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07 5.6 URBAN CORE TRANSECT ZONES (T6-48)
BUILDING DISPOSITION
LOT OCCUPATION
a. Lot Area
10,000 s.f. min.; 100,000 s.f. max.
b. Lot Width
100 ft. min.
c. Lot Coverage
10 ft. min. (easement)
-1-8 stories
80%max.
- Above 81h story
15,000 sq. ft. max. floorplate for
Residential & Lodging
30,000 sq. ft. max. floorplate for
Office & Commercial
d. Floor Lot Ratio (FLR)
24
e. Frontage at front setback
70%min.
f. Open Space Requirements
10% lot area min.
g. Density
150 du/acre max.
BUILDING SETBACK
a. Principal Front
10 ft. (easement)
- Above 81" story
20 ft. min.
b. Secondary Front
10 ft. min. (easement)
- Above 8" story
20 ft. min.
c. Side
0 ft. min.; 30 ft. min. above 91 story
d. Rear
0 ft. min.; 30 ft. min. above &I story
e. Abutting T6
0 ft. min.; 30 ft. min. above B'" story
Abutting T5
0 ff. min. 11 through 51 story
10 ft. min. 6" through 9' 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 48 stories
c. Max. Benefit Height unlimited stories
" Or as modified in Diagram 9
BUILDING PLACEMENT PARKING PLACEMENT
20' min.14' mfn; Ile
r
2nd & Yd
Lay r
10' min. o' min.
�, m ,
1st 2nd 3rd
Layer Layer Layer
I BUILDING HEIGHT
A— BT' art -------------
Height i __llnl-nited
—T - —_ —49
Max.
Height i� 49 - -
' 12
I
11
i 1❑
s
e
7
6
i 5
4
i
Min.
Height' 3
i
i 1
ABUTTING T6
33
ABUTTING T4
Ist 2nd 3rd
Layer Layer Layer
ABUTTING T5
Yd
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
THIS PAGE LEFT INTENTIONALLY BLANK
34
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
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) is a public site permanently dedicated to open space.
5.7.1.1 A Civic Space should have a minimum of 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 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 25% percent of the area of the Civic Space, and
shall support the principal use of the Civic Space. Recreational buildings
that exceed the 25% shall be subject to approval by Exception and review
by Parks and Recreation Advisory Board.
5.7.1.4 In Civic Spaces, buildings shall conform to regulations of the most
restrictive abutting T -zones, 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 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 Tables 3 and 4.
5.7.2.3 A Civic Institution may be comprised of one or more buildings. Civic
Institution Buildings and Parking shall conform to regulations of the least
restrictive abutting Transect Zone as of right. A Civic Institution may be
permitted according to the Transect Zone that is next in intensity to its
abutting zones by process of Exception. Further relaxation of
requirements may be permitted by process of Variance.
5.7.2.4 Parking for Civic Institutions may be adjusted by Waiver.
35
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
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 Frontages may consider two other Property
Lines as Sides. Lots shall have at least one Principal Frontage.
e. One or more buildings may be built on each lot as shown in Diagram 5.8.
f. Setbacks for Buildings shall be as shown in Table 2.
g. A rear Setback shall be a minimum of 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 3 feet
deep and may encroach up to a 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 100% of the depth of the Setback and may be required as a part of a
Special Area Plan.
d. All storage, utility and infrastructure elements including service areas, loading
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.
36
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
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 Table 2 and be
allocated as required in Diagram 5.8. Industrial uses requiring additional height in
D-2 may be permitted by Waiver.
g. Flat roofs shall be enclosed by parapets of a minimum height required to
conceal mechanical equipment, and a maximum of 3.5 feet. Other
ornamental building features may extend up to 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 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 3.5 and 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 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 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.
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 sidewalk.
e. Shared parking shall be calculated according to Table 5.
37
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
Within a half mile radius of a TOD, the Effective Parking available for
calculating the intensity on each lot may be decreased by thirty percent
(30%).
g. A minimum of one bicycle rack place shall be provided within the Private
Frontage for every ten 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 Table 6 shall be paved and landscaped to match
the Public Frontage as shown in Article 8.
b. Unpaved green space shall be a minimum 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 Table 5. 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.
38
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.01.07 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)
NIA
e. Frontage at front setback
O%min.
f. 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. 11t through 5t" story
10 ft. min. above 5" story
30 ft. min. above 6" story
Abutting T4
6 ft. min. 11 through 31 story
26 ft. min. above 3'd story
Abutting T3
6 ft. min. 111 through 311 story
26 ft. min. above 31 story
BUILDING CONFIGURATION
FRONTAGE
a. Common Lawn
prohibited
b. Porch & Fence
prohibited
c. Terrace or L.C.
permitted
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 None
b. Max. Height 8 stories
c. Max. Benefit Height 2 stories except abutting T6, T5
& T4
39
Corner Lot
Mid -Block
Cornu Lot
Mid -Block
BUILDING PLACEMENT
S_d' Front_ _ i o
Il 2nd & Bid
1U' min. Layer
1st 2nd Bid
layer layer layer
PARKING PLACEMENT
f
M
1st 2nd 3rd
lover lover Il
BUILDING HEIGHT
i9L
Layer
2nd & 3rd
dyer
ABUTPNG T6 A6UTTING T5
7 to
8 i i 8 i
7
6 26' min. ! 6 26' min.
5 !i 11 5 !i 11
1 4 4
L 6' m 6' m
ABUTTING T4 ABUTTING T3
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07
THIS PAGE LEFT INTENTIONALLY BLANK.
.O
MIAMI 21 ARTICLE 5. SPECIFIC TO ZONES
DRAFT IN PROGRESS 03.16.07 5.8 DISTRICT ZONES - INDUSTRIAL (D2)
BUILDING DISPOSITION BUILDING PLACEMENT
LOT OCCUPATION
a. Lot Area
5,000 s.f. min.
b. Lot Width
50 ft. min.
c. Lot Coverage
90%max.
d. Floor Lot Ratio (FLR)
NIA
e. Frontage at front setback
None
I Open Space Requirements
5%lot area min.
g. Density
None
se�a�ay Frost_____ 1st
11 Layer
Corner Lot III 10' mirl. 2nd & 3rd
I 0' min. Ycr
I 'f
Ma -Block IIL.— 0'I min.
I
a' I I I
c'I min.
1st 2nd 3rd
layer layer layer
BUILDING SETBACK PARKING PLACEMENT
a. Principal Front
10 ft. min.
b. Secondary Front
5 ft. min.
c. Side
0 ft. min.
d. Rear
0 ft. min.
e. Abutting T5
0 ft. min. 1' through 5" story
10 ft. min. above 51" story
30 ft. min. above 611 story
Abutting T4
6 ft. min. 11 through 31 story
26 ft. min. above 31 story
Abutting T3
6 ft. min. 1' through 3`tl story
26 ft. min. above 311 story
BUILDING CONFIGURATION
FRONTAGE
I
i
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 max.
c. Max. Benefit Height
NIA
111
n'
1 m ,I Layer in
Corner Latl IIII
20' min. 0' min.
2nd & 3rd
/
-./1�--_—__--------=--k _ Layer
I �
I
I
Mid -Block ai
LLj I
— I
a I
,
1stt 22rdnd 3rd
Inyer layer layer
BUILDING HEIGHT
Max,
Height
Min.
ld l#1
41
ABUTTING T6 ABUTTING T5
I
I
i
I
I
I
I I
i
if in
26' min.
4
i
3
i
2
6- m in
I
2
6•
i
ABUTTING T4 ABUTTING T3
MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS
DRAFT IN PROGRESS 03.16.07
ARTICLE 6. SUPPLEMENTAL REGULATIONS
6.1 INTENT
The performance standards 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 performance
standards 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 500 square feet excluding garage.
• Ancillary units shall only be used as Single Family Residence Dwelling.
• Ancillary Units may only be rented if the owner of the principal Single Family Residence
Dwelling 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.
MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS
DRAFT IN PROGRESS 03.16.07
6.2.2.1 Boathouses and Boat slips in R (restricted) designa
• 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 crafts may be docked or moored in R (restricted) designation
or on property adjacent to R restricted designations.
Docks, piers and all appurtenances setbacks: 10 feet from any abutting property
Vessel setbacks: 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: 35 feet
• Docks or piers into inland waterways are limited to: 10 feet or 10% of waterway
width, whichever is less.
• Prohibited uses or appurtenances: Davits in excess of 3 ton capaCity, commercial
vessels, commercial boat ramps, commercial hauling and fueling.
6.2.2.4 Further expansion of Docks and Piers
T3 & T4
Extension of docks into not allowed
Biscayne Bay
Extension of docks into W9 not allowed
other
waterway
2
T5, CS & CI
by Exception
Maximum 600 feet
by Exception
Up to 10% of waterfront width
subject to approval by all
applicable agencies
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
DRAFT IN PROGRESS 03.16.07
6.2.3 Community Residences
The purpose of a Community Residences 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.
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&0JT4-R,L&0JT5-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 another.
Standards 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 T3R or T3L 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 ,by Warrant to determine distance, 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 Department 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
Department of Zoning that the home is licensed by the licensing entity.
Parking As required by transect and in addition one parking space per employee.
MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS
DRAFT IN PROGRESS 03.16.07
7 to 14 residents
Location T3-0 I T4 - R, L & O I T5 - R, L & O I T6 - R, L & O
Location Prohibited in all T3 - R and L and within 500 ft thereof.
Standards 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 T3R or T3L...
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 Department 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 overconcentration 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 T3R or T3L 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.
Parking As required by transect and in addition one parking space per employee.
6.2.3.2.Adult Family -Care Homes Standards
1 to 5 residents
Location T3-R,L&0JT4-R,L&0JT5-R,L&0J 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 another.
Standards 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 property designated T3R or T3L.
Parking 1 space / employee and 1 space for every 4 residents
11
MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS
DRAFT IN PROGRESS 03.16.07
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&01T4-R,L&01T5- T4-L&O IT5-L&O JT6-L&
R,L&0JT6-R,L&0 01D1
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
As required by Transect Zone
As required by use type
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 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 T4R for historic structures subject to Chapter 23 of the City Code.
5
MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS
DRAFT IN PROGRESS 03.16.07
6.3 COMMERCIAL USES
6.3.1 Auto Related
6.3.1.1 Carwash
Self -Service
Semiautomatic
Automatic dragline
Custom hand wash
First 3 stalls:
First stall:
First stall:
1 space before each wash
3 spaces before each wash
3 spaces before each wash
3 spaces before each wash
line and 1 space after the
stall and 2 spaces after
line and 3 spaces after
line and 3 spaces after
end
Beyond 3 stalls:
Second stall and beyond:
Second stall and beyond:
Also, 5 additional parking
1 space before each wash
3 spaces before each wash
3 spaces before each wash
spaces
stall and 2 after.
stall and 3 after.
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.
• A six foot solid textured wall shall be provided along the edge in all yards except on
yards adjacent to a street.
• 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.
51
MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS
DRAFT IN PROGRESS 03.16.07
6.3.1.3 Vehicle Rental Facilities
Parking
Off -Street Minimum
Cargo Vehicle
Lease or Rental
1 space per employee and
1 space for every 8 vehicles
stored
Passenger Vehicle
Lease or Rental
10 spaces for first 10,000 sf of
floor area.
1 space for each additional 500
sf
Satellite Facility
1 space for each 300 sf of
floor area.
• 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
Code requirements are met.
• No variances shall be permitted.
7
MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS
DRAFT IN PROGRESS 03.16.07
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.
• These requirements 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
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 . A minimum of one (1) shade tree with a minimum height of twenty (12) feet shall be planted at 25
more restrictive feet on center along the perimeter of the wall
transect . Additional landscaping in the form of shrubs and buffer plant material shall also be required.
Parking • All required parking shall conform to transect 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 areas,
Requirements 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 spaces 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.
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6.3.3.2 (a) Additional Guidelines
Any single retail establishment exceeding the sizes and conditions of transect shall
be subject to the requirements of a Special Area Plan, pursuant to supplementary
regulations above.
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 property line of the nearest parcel zoned T3, T4R, T5R or
T6R
• Operation shall be limited to a maximum of 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
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6.4 CIVIL SUPPORT USES
6.4.1 Community Support Facilities
6.4.1.1 Adult Daycare
10
From 6 to 9 adults
10 and more adults
Location
T4 - L and O
T5 - L and O
T5 -Lando
T6 -Lando
T6 - L and O
D1, D2 and C/I
D1, D2 and C/I
Indoor Activity Area
350 sf minimum
35 sf per client minimum
Off -Street Parking Minimum
1 space per employee and 1 owner space
1 space per employee and 1 owner space
Client Drop -Off
N/A
1 for every 10 clients
6.4.1.2 Assisted Care Community
Facility
From 15 to 49 residents
50 and more residents
Location
T5 - L and O
C/I
T6 -Lando
C/I
Number of clients
49 residents
over 100 residents
maximum
Distance requirements
2,500 feet radius minimum distance shall be
1,000 feet radius minimum distance
required between proposed facility and any
requirement between proposed facility and
existing major facility.
any T3 or T4 designated zone.
1,000 feet radius minimum distance
requirement between proposed facility and
any T3RorT4R.
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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.
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 limitations By Warrant subject to conditions and limitations
All other By Warrant subject to conditions and limitations; By Warrant subject to conditions and limitations
including minimum 500 feet
distance 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 Structure Height Maximum
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 facilities • The mount shall not be visible from the
Requirements shall be designed to include sufficient ground from a distance of 600 feet; screening
landscape as to screen the proposed facility from ground view may be provided by a
from any adjacent right-of-ways. Sufficient parapet or some other type wall or screening.
landscape shall include trees, shrubs and • No part of the mount shall be located closer
ground cover in a tiered configuration. than 8 feet to any power line.
• All freestanding monopole or tower facilities Mounts may not exceed 3 separate areas per
shall be designed to accommodate up to rooftop
three co -locations 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.
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.
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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 application that is proposed to be located within a property zoned T3, T4R, T5R or
T6R, such applications 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.
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.
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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
T-6, 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 and all Restricted (R)
designations in all transects shall permit landings and takeoffs are restricted 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.
• A twenty-four 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, as amended from time to time, 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.
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6.5 EDUCATIONAL USES
6.5.1 Childcare Facilities
From 6 to 10 Children
Location T4 R, Land O
T5 R,Land 0
T6 R,Land 0
Wand C/I
Indoor Activity Are 200 sf
Minimum
Outdoor Play Area --Mu 450 sf
Minimum
Parking Off-Streetqq 1 space per employee
and 1 space for owner
Vehicular Entrances _A N/A
Drop -Off M N/A
14
More than 10 Children
T5 R,Land 0
T6 R,Land 0
D1and C/I
20 sf per child
45 sf per child
1 space per employee
and 1 space for owner
Within 300' of arterial roads
1 space for every 10 children
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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
The D1 - Workplace 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 — Industrial 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.
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 setback 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 limited to daylight hours between 8:00 am and 6:00 pm
• Appropriate measures required to minimize any adverse effect of use including noise generation; dust; vibrations;
street capacity and maneuverability; traffic and negative visual impact
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6.7 OFF-STREET PARKING STANDARDS
6.7.1 Off-street parking
• Off-street parking requirements for the individual transects shall be as set forth in
Article 5, Table 4 and Table 5.
• Required parking for Adaptive Reuses may be reduced or exempted 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 pursuant to a Warrant.
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 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.
• Inoperable vehicles shall be stored only in storage facilities or other approved place
where permanently concealed from public view.
• Except in connection with permited 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, 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;
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MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS
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provided also that an attendant shall remain on duty during business hours or as long as
the principal Building is occupied.
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 Exception 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 Exception, 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.
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(c) The board shall, as part of its grant of Exception, specify that the City, upon
notice and hearing as for Exception, may later require that the applicant
implement its plan to 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 Exceptions 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 built concurrently with the phase generating said
requirement.
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 Warrant.
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 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
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area shall be the actual area occupied by seating and related aisles, and shall not
include accessory unoccupied areas or the thickness of walls.
6.7.1.8 Temporary off-street offsite parking for construction crews, criteria.
Temporary off-street offsite parking for construction crews working on a residential
project under construction shall be permitted by the Zoning Administrator subject to
the requirements of the City Code for Temporary Permits.
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6.8 SIGN STANDARDS
6.8.1. Signs exempted from permit requirements.
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 Article.
(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 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 noncommercial 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 nonexempt category, however, a sign
permit shall be required.
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6.8.2. Transect Specific Standards.
6.8.2.1 Generally.
(a) Unless otherwise specifically permitted within a certain transect, signs may not be
flashing, animated, revolving or whirling.
(b) All temporary signs shall comply with the requirements of Chapter 62 of the City
Code.
(c) All signs shall comply with the vision clearance standards as set forth in Section -
3.11.
6.8.2.2 T3 (R), T3 (L), T3 (0), and T4 (R)
(a) For each dwelling unit:
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 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 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 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 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
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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 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:
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, 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 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 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.
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3. In connection with elementary, middle or high school. A wall sign for the name
of the school, not exceeding 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 square foot per linear foot of streetfront of the establishment.
6.8.2.4. T5 (R) and T6 (R)
(a) For residential uses:
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 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 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 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)
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MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS
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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 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 may be illuminated but shall not be
animated or flashing.
(a) For a single establishment within a Building:
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 front, with no more than 3 total on any
wall. Walls that do not have street frontage may contain no more than one wall
sign each, not to exceed 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, shall not exceed twenty (20) percent 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, that 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
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MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS
DRAFT IN PROGRESS 03.16.07
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.
(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; and 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 20 linear
feet to the outdoors, shall be allowed the following signs:
a. A wall sign not to exceed 20 square feet in area;
b. Window signs not to exceed twenty (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.
c. An awning sign, limited to the skirt or bottom edge of the awning; letters,
emblems, logos or symbols not to exceed 6 inches in height.
d. A hanging (as in under an awning or similar) sign not to exceed 3 square
feet in area.
2. Window signs. Painted or attached, shall not exceed twenty (20) percent 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, that 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
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MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS
DRAFT IN PROGRESS 03.16.07
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.
For Outdoor advertising business signs 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;
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) sq. ft. of wall signs allowable per establishment); and
5. Such signs may either be painted or mounted onto the subject wall
6.8.2.6. CI
Except as otherwise provided, the following signs 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, 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 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.
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MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS
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(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 150 linear feet
along a street front, with no more than 3 total on any wall. Walls that do not have
street frontage may contain no more than one wall sign each, not to exceed 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:
a. A wall sign not to exceed 20 square feet in area;
b. Window signs not to exceed twenty (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.
c. An awning sign, limited to the skirt or bottom edge of the awning; letters,
emblems, logos or symbols not to exceed 6 inches in height.
d. A hanging (as in under an awning or similar) sign not to exceed 3 square
feet in area.
2. Window signs, painted or attached, shall not exceed twenty (20) percent 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
Due to the primary intent of the CS Transect Zone to conserve special
environmental features, only identification and directional signs shall be permitted.
The purpose of the review will be to determine and minimize impacts on the natural
setting of the Transect in which the signs are to be placed.
6.8.3. Limitations on signs above a height of fifty (50) feet above grade.
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MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS
DRAFT IN PROGRESS 03.16.07
Except as otherwise provided in a specific transect, 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 (5) percent 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 (50) percent 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 (80) percent 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
the Building design. The total length of the two (2) lines of lettering, end-to-end, if
permitted, shall not exceed eighty (80) percent of the width of the Building wall.
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MIAMI 21 ARTICLE 6. SUPPLEMENTAL REGULATIONS
DRAFT IN PROGRESS 03.16.07
(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. 9 Street within
the Southeast/Overtown Park West Redevelopment Area.
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.
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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 Community
Redevelopment Agency.
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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 transects.
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 shall apply:
(a) A minimum area averaging twenty (20) feet in depth shall be provided along any
waterfront. In no instance shall the above area be less than fifteen (15) feet in
depth.
(b) All underground structures shall be set back from the waterfront a minimum of ten
(10) feet.
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MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
DRAFT IN PROGRESS 03.16.07
PERMITTING PROCESS DIAGRAM
DIAGRAM 11 PERMITTING PROCESS
* All applications shall include required notice
MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
DRAFT IN PROGRESS 03.16.07
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 and/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.
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MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
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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.
8. To review and issue sign permits.
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, department 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
Planning, Zoning and Appeals Board and the City Commission for
consideration.
MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
DRAFT IN PROGRESS 03.16.07
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 determine whether changes made to applications are substantial changes
pursuant to 7.1.3.5 of this code that require additional review and evaluation
by city staff or a new notice prior to a hearing.
10. 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.
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 pursuant to the review criteria of
section 7.1.2. 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.
c. Notice
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
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MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
DRAFT IN PROGRESS 03.16.07
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 21 calendar
days prior to the Director's final decision or recommendation. Within 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, as amended.
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.
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
MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
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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,
as amended, 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 -judiciary 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 Miami City Code) has first been given. If the Director,
upon written request of any aggrieved party, refuses or fails to make such an
application, such 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 final.
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:
(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;
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(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 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 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
physical environment. To that end, qualifications of members and alternate
members shall be as follows:
(a) One member shall be an architect registered in the state.
(b) One member shall be a landscape architect registered in the state.
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(c) One 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 member shall be an experienced real estate broker licensed by the
state.
(e) One member shall be an experienced city planner or developer.
(f) One member shall be experienced in engineering.
(g) Six 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 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
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.
MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
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(b) It shall be the duty of the chairman of the Planning, Zoning and Appeals
Board to 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 planning 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 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.
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
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MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
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request. Quasi-judicial procedures as provided in this Miami 21 Code and as
required by state law shall apply to rezoning, including 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 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, or approve
rezoning, Special Area Plan, or 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 (5) and
(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
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
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MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
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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 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
department, neighborhood enhancement team 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 assign a member of the city law
department to attend public hearings of the board to advise the board when
necessary and to furnish information, reports and recommendations upon
request of the board.
f. 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.
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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 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 11. 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
Miami 21 Code, and the other specific requirements that may be enumerated
elsewhere in the city code.
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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 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.
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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 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. 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
be binding on all officers and agencies of the city as an interim administrative
ruling.
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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
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 board within fifteen
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 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 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 board within fifteen 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 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
obtain information and guidance as to matters related to the proposed
application.
b. Informal courtesy notice and hearing.
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No formal public notice and hearing shall be required in connection with
administrative Warrant applications. 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 adjacent 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/or homeowner
associations pertaining to the abutting properties and shall notify the official
representatives of all the 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 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 21 calendar days of a determination that the
application is complete. The applicant shall have 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 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 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
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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 upon request of 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. In addition, the application shall be reviewed
for compliance with the regulations of Article 2, the Transect Zone regulations of
Article 3 and the supplemental use standards of Article 6. 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 calendar days of the
decision by the Planning Director.
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 only for:
1. Extensions of docks into Biscayne Bay or other waterways in T6, D1 and D2.
(Section 6.2.2.4)
2. Drive through and drive-in facilities. (Section 6.3.3.1)
3. Parking reductions for elderly housing. (Section 6.7.1.3)
4. Barbed wire fences in D1 and D2 .(Section 6.9)
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5. Setbacks where the property to be developed abuts an existing building to
match or make a transition to adjacent Setbacks. (Section 5.1.2)
6. Setbacks for Principal Buildings as shown in Table 2 (Section 5.3.1); Diagram
5.4 (Section 5.4.1)
7. Extensions above the maximum height up to 400 square feet for either a stair
enclosure or a decorative purpose. (Section 5.3.2; Section 5.4.2; Section
5.5.2; Section 5.6.2; Section 5.8.2)
8. Decrease of required parking by thirty percent (30%) within a half mile radius
of a TOD. (Section 5.3.4; Section 5.4.4; Section 5.5.4; Section 5.6.4)
9. Vehicular entries, loading docks and service areas on Principal Frontages.
(Section 5.4.2; Section 5.5.2; Section 5.6.2)
10. Required parking for T4 or T5 within one-quarter mile of the site that it serves.
(Section 5.4.4; Section 5.5.4; Section 5.6.4)
11. Loading docks and service areas on Fro ntages.(Section 5.4.8)
12. Frontage Setbacks for Buildings as shown in Diagram 5.5 or Diagram 5.6 to
match an existing adjacent Setback. (Section 5.5.1; Section 5.6.1)
13. Replacement of Streetscreen by a hedge or fence. (Section 5.5.2; Section
5.8.2)
14. Vehicular entries spacing greater than 60 feet. (Section 5.5.4; Section 5.6.1)
15. Parking for Civic Institutions. (Section 5.7.2.5)
16. Industrial uses requiring additional height in D-2. (Section 5.8.2)
17. The relaxation of Setbacks or required off-street parking for preservation of
natural features of land. (Section 3.6.1)
18. As appropriate to the nature of the Waiver involved and the particular
circumstances of the case, Waivers may be granted when doing so promotes
the intent of the particular Transect Zone where the proposal is located 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.
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. Informal courtesy notice and hearing.
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No formal public notice and hearing shall be required in connection with review of
a Waiver. 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 adjacent condominiums, only one notice, by certified mail, to the
condominium association shall be sent.
Additionally, at the time of initial application, the applicant shall obtain from the
department of planning the list of all registered neighborhood homeowner
associations pertaining to the abutting properties 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 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 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 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, pursuant to section 7.1.5 of this
code.
f. A Waiver 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 upon request of the Planning Director.
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7.1.2.6 Exception
As identified in Table 3 of this article, 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 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. The Planning Director shall review each application for an Exception for
completeness. 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:
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 and Zoning Administrator
determine that review by the Coordinated Review Committee is necessary.
3. 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 Article 3, the Transect Zone regulations of Article 5,
and the supplemental use standards of Article 6. 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.
4. The Director shall prepare recommendations and within 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. 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 21
calendar days of the meeting of the Coordinated Review Committee.
c. Decision by the Planning, Zoning and Appeals Board.
1. Notice and hearing.
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A quasi-judicial hearing shall be held on the application for Exception. Notice
of the hearing shall be issued in the manner set forth in the 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 a permit
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.
e. An Exception 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 upon request of the Planning Director.
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, and open space requirements. Variances shall be prohibited for
anything not included in the listing above. 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
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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.
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 Planning Director shall review each application for a Variance for
completeness, prepare recommendations, and within 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 applications. Formal public notice of hearing
by the Planning, Zoning and Appeals Board of the application shall be issued
in the manner set forth in Chapter 62 of the City Code.
2. Decision by the Planning, Zoning and Appeals Board.
The Planning, Zoning and Appeals Board shall consider the
recommendations of the Planning Director, conduct a quasi-judicial hearing,
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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.
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. The Planning,
Zoning and Appeals Board shall include a citation to the legal authority for
any denial of a 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.
g. A project for which the Variance has been obtained 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 upon request of 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, a rezoning
to the Cl transect may only be to the highest intensity abutting transect. For a
property of ten (10) acres or more, such a change shall involve a Special Area
Plan as described in Article 2. 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 the 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
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.
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c. Amendments to the text of the Miami 21 Code (including tables and diagrams)
may be only be made upon application of a city official, and shall be considered
at the times as determined by the City Commission.
d. Applications for rezoning (Miami 21 Atlas amendment).
1. Except as otherwise limited by the Miami 21 Code, 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.
(d) Certified list of owners of real estate within 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 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
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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.(e)
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 manner set forth
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:
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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 and
building height. Notwithstanding the above, a modification to the Cl transect
may only be to the highest intensity abutting transect. For a property of ten
(10) acres or more, such a change shall involve a Special Area Plan as
described in Article 2.
3. For Special Area Plan rezonings:
Special Area Plans shall be adopted by rezoning pursuant to the provisions of
Section 3.8, except as allowed administratively under section 3.8.2.
h. 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 published pursuant to Chapter
62 of the City Code.
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 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 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 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.
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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 feet of property granted a change within a
period of twelve 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 months from the
date of such action.
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 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 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 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
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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 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 as -of -right permits, administrative
Warrants and Waivers, Exceptions, Variances and rezonings are as illustrated in
Diagram 11.
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 department 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
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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 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.
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.
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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 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.
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 and/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
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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:
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 and/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.
c. Upon completion of the pre -application meeting, the applicant if required shall file
an application for plan approval with the planning department or zoning
department, as applicable, on forms provided by the city. The planning
department or zoning department, 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.
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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, using the following
criteria:
1. Does the requested change require a Variance to this Miami 21 Code; and
2. Does the change have a serious effect on operation of the project as
originally proposed by the application?
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
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.
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
zoning ordinance, 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.
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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.
7.1.3.8 Resubmission and Withdrawal of Applications Requiring Public Hearing.
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 and rezoning; and
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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 or certificates of use, except
upon the appeal of the administrative decision to the Planning, Zoning and Appeals
Board.
7.1.4.3 Definitions
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.
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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 the
decision-making body no later than five 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 and the city code of
ordinances 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.
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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.
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.
j. 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.
1. 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
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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.
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.
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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,
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 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 days from the decision of the Zoning Administrator on an application for
zoning approval, certificate of use, or zoning interpretation: to the Planning,
Zoning and Appeals Board.
b. Fifteen days from the decision of the Planning Director on a Waiver,
administrative Warrant, or planning determination: to the Planning, Zoning and
Appeals Board.
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c. Fifteen days from the decision of the Planning, Zoning, and Appeals board on an
Exception or a Variance: to the City Commission.
d. Thirty days from the appellate decision of the Planning, Zoning and Appeals
Board on a zoning approval, certificate of use, Waiver, or administrative Warrant:
to the circuit court of the eleventh judicial circuit in the manner set forth in the
rules of the court.
e. Fifteen days from the decision of the Planning, Zoning and Appeals Board on a
zoning interpretation appeal or planning determination appeal: to the City
Commission.
f. Thirty days from the appellate decision of the City Commission on a zoning
interpretation appeal, planning determination appeal, Exception appeal: to the
circuit court of the eleventh judicial circuit in the manner set forth in the rules of
the court.
g. Thirty 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.
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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:
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 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 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
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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.
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 nonconformity
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 T-3 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.
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(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
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 a eighty-five percent rule.
(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 eight -five
percent 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 above, 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
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twenty years. An extension for continuance of the use for an additional term of up
to twenty 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.
d. 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.
1. 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.
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"Destruction" of the structure means damage or removal to an extent of fifty
percent 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 (50) percent 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
to the administrative Waiver criteria, application for restoration shall be filed
within six 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 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 nonconformity.
Existing nonconforming structures may, however, be enlarged, extended or
altered as follows:
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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 nonconformity must remain the same or decreased in degree, and
at least fifty percent 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.
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 nonconformity must remain the
same or decrease in degree; at least fifty percent of the square footage of the
original building must remain; and the proposed enlargement shall not
exceed a height or length of fifty percent 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 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 nonconformity to the
maximum extent reasonably feasible, or eliminate the nonconformity;
2. The structure shall in no case be moved on its own lot in such a manner as to
increase the degree of nonconformity; 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 to
which it is moved.
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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.
a. No change shall be made in any nonconforming characteristics of use which
increases nonconformity 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 nonconformity. 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 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 nonconformity. Modifications to the facilities may be approved by
administrative Waiver, and the administrative Waiver may be conditioned on
safeguards that reduce the degree of nonconformity as is reasonably feasible in
the circumstances of the case.
46
MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
DRAFT IN PROGRESS 03.16.07
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 residential districts 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 Article and deals with "Outdoor advertising signs." Nothing,
however, in this Article 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 Article shall affect any legal proceedings begun and all
47
MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
DRAFT IN PROGRESS 03.16.07
legal proceedings that might have been begun 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
nonconformity.
(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:
1. The issuance of a Warrant as set forth herein; 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 their
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 30 feet as measured to
the top of the sign structure from the crown of the nearest adjacent roadway, except
when located within 660 feet from an elevated limited access highway in which case
the overall height shall be 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 672 square feet; with embellishments not to exceed
an additional 10 percent of the sign area.
4. Monopole sign structures shall be painted, and maintained, to a uniform color (to
be selected by the Planning Department).
48
MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
DRAFT IN PROGRESS 03.16.07
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 or waived 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 or Waiver 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 Waiver or modification of the
landscaping requirements for such sites as may be required in this code subject to
the issuance of a Warrant as set forth herein; the expressed intent of such Warrant is
to improve the visual aesthetics of such signs while allowing flexibility with respects
to landscaping requirements. Such Waivers may include Waivers for 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 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
49
MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
DRAFT IN PROGRESS 03.16.07
irrigation and shall be continuously maintained; such landscape requirements may
be modified or waived 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 or Waiver requests 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; such decisions by the Planning Director may be
rendered after a 60 day written notice from the City and a finding that no corrections
to the violations have been made; such decisions by the Planning may be appealed
in accordance with this Article.
50
MIAMI 21
DRAFT IN PROGRESS 03.16.07
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 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, 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,
design speed, number of travel lanes, pavement width, curb radius and verge type. Thoroughfare Types and
their application are described below, 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 Article 3.
• 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, in order to
facilitate pedestrian safety.
MIAMI 21
DRAFT IN PROGRESS 03.16.07
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 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.
MIAMI 21
DRAFT IN PROGRESS 03.16.07
8.2 DRAWING: THE THOROUGHFARE ACROSS THE TRANSECT
LARGER 12' CURB RADIUS
INFORMAL LANDSCAPE
AT SUBURBAN AREAS
CURB ENDS IN
SUBURBAN AREAS
UNMARKED PARKING LANE
IN URBAN RESIDENTIAL AREAS
TREE PLANTING STRIPS FOR
LESS URBAN CONDITIONS
FRONTAGE SETBACKS INCREASE AS MOVE
FROM URBAN TO SUBURBAN AREAS
NON -METERED PARKING
IN RESIDENTIAL AREAS
CENTER STRIPE
IN URBAN AREAS
METERED PARKING IN
COMMERCIAL AREAS
TREE PLANTERS LARGE TO ALLOW
MAXIMUM WATER PERCOLATION
PAVE ENTIRE WIDTH FOR COMMERCIAL AREAS
AND/OR HIGH PEDESTRIAN TRAFFIC AREAS
INCREASE RIGHT OF WAY TO ALLOW A PEDESTRIAN
AREA OF 10' CLEAR
PAINTED CROSS WALK
SHORTER 5' CURB RADIUS
3
ARTICLE 8. THOROUGHFARES
RURAL
I
MORE URBAN
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ARTICLE 8. THOROUGHFARES
DRAFT IN PROGRESS 03.16.07
8.3 SPECIFIC THOROUGHFARE TYPES DESCRIBED
HW -Highway
A Highway is a long-distance, high-capacity and high-speed, free movement Thoroughfare traversing the city.
A Highway should have infrequent intersections and driveway entrances, sidewalks buffered by landscape
where possible, and adjacent buildings, otherwise it becomes strip development which interferes with traffic
flow and pedestrian comfort.
Highway frontages may have curbs or open swales drained by percolation and no parking. Buildings may front
a wide sidewalk or be setback.
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 more rural 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, slow -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, free -movement Thoroughfare connecting proximate locations within an
urbanized area. Unlike a Boulevard, its 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
MIAMI 21
ARTICLE 8. THOROUGHFARES
DRAFT IN PROGRESS 03.16.07
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.
BV -Boulevard
A Boulevard is a long-distance, high capacity and medium -speed, free 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 medianswith 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 pedestrian -only connector passing 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 are
paved and landscaped and may provide limited vehicular access.
AL -Alley
An Alley is a narrow access -way at the rear 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 crown.
In older residential neighborhoods Alleys may be unpaved.
MIAMI 21
DRAFT IN PROGRESS 03.16.07
ARTICLE 8. THOROUGHFARES
TABLE A THOROUGHFARE COMPONENTS
DESIGN SPEED TRAVEL LANE WIDTH W JU jig 113 10 101
Below 20 mph
8 feet ■
20-25 mph
9 feet ■
25-35 mph
10 feet ■
25-35 mph
11 feet ■
Above 35 mph
12 feet ■
DESIGN SPEED PARKING LANE WIDTH
20-25 mph
(Angle ) 18 feet ■
20-25 mph
(Parallel) 7 feet ■
25-35 mph
(Parallel) 8 feet ■
Above 35 mph
DESIGN SPEED
(Parallel) 9 feet ■
EFFECTIVE CURB RADIUS
Below 20 mph
5-10 feet ■
20-25 mph
10-15 feet ■
25-35 mph
15-20 feet ■
Above 35 mph
20-30 feet ■
6
MIAMI 21
DRAFT IN PROGRESS 03.16.07
TRANSECT ZONE
Public Frontage Type
R U R A L I I I I I I I I I I I
HW & RD RD & ST
I I I I I T R A N S E C T I I I
MKwu
ST & DR RS -ST -AV -DR
ARTICLE 8. THOROUGHFARES
TABLE B PUBLIC FRONTAGES
I I I I I I I I I I I I U R B A N
mmmm
ST -AV -BV ST -AV -BV
'-
a. Assembly: The prin- i° i ° i i '
cipal variables are the iCE
•
type and dimension of
curbs, walkways, plant D _ J - _ _ J _ _ J
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 S20 feet 5-20 feet
c. Walkway: The pavement
dedicated exclusively to
pedestrian activity. J i
Type Path Optional Path Sidewalk Sidewalk Sidewalk Sidewalk
Rawd. Planter: The layer i° i I i
which accommodates i
street trees and other
landscape. D _ J _ _ _ JCE
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
MIAMI 21 ARTICLE 8. THOROUGHFARES
DRAFT IN PROGRESS 03.16.07 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.
The landscaping consists of the natural condition or multiple species arrayed in naturalistic clusters. Buildings I
m
are buffered by distance or berms. I
0�
m
I•
b. (RD) For Roads: This frontage has open swales drained by percolation and a walking path or bicycle trail !
along one or both sides and yield parking. The landscaping consists of multiple species arrayed in naturalistic !
m
clusters.
m
I'
I
c. (ST) For Street: This frontage has raised curbs drained by inlets and sidewalks separated from the vehicular
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
side, related to a greenway or waterfront. It is separated from the vehicular lanes by individual or continuous
!
m
planters. The landscaping consists of street trees of a single or alternating species aligned in a regularly
!
m
spaced allee.
•
I
I
m
e. (AV) For Avenues: This frontage has raised curbs drained by inlets and wide sidewalks separated from the
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.
!
I
m
I
m
�j
f. (ST) (AV) For Commercial Streets or Avenues: This frontage has raised curbs drained by inlets and very
j
wide sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates and
CE
-
m
parking on both sides. The landscaping consists of a single tree species aligned with regular spacing where
m
possible.
!
CF
--
m
g. (BV) For Boulevards: This frontage has slip roads on both sides. It consists of raised curbs drained by inlets
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.
!
I
m
I
• m
MIAMI 21
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.✓
s�
Queen's wreath - Petrea volubilis*
����,
y
Madagascar jasmine - Stephanotis floribunda*
■
Jade vine - Strongylodon macrobotrys*
■
Bougainvillea spp*
Groundcover
Blanket flower - Gaillardia pulchella
■
Dayflower - Commelina erecta
�_ 3G _•
Boston fern - Nephrolepsis exaltata
■
Wart fern - Microsorum scolopendria*
indicates non-native
MIAMI 21
DRAFT IN PROGRESS 03.16.07
ARTICLE 8. THOROUGHFARES
TABLE E PUBLIC LIGHTING
10
1
Specifications
Cobra Head
TBD
Pipe
TBD
Post
TBD
Column
u;
TBD
Double Column
W -W
TBD
10
MIAMI 21
DRAFT IN PROGRESS 03.16.07
SIDEWALK ARRANGEMENT
Sidewalk may be scored concrete.
Verge to be permeable pavement.
All vertical elements to be located within verge and neatly aligned.
ARTICLE 8. THOROUGHFARES
T4, T5, T6 SIDEWALKS, ILLUSTRATED
EXISTING DIMENSIONS LESS THAN MINIMUM SIDEWALK
Sidewalk dimensions shall comply with A.D.A. standards.
Narrow sidewalks should provide a 5'-0" X 5'-0" 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.
MIAMI 21
ARTICLE 8. THOROUGHFARES
DRAFT IN PROGRESS 03.16.07
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 _.—.—.—.—.—.—.—.—.—.. _.—.—.—.—Ab A—.—.—.—._
minimum dimension
Pavement width measured to
inside of curb
THOROUGHFARE TYPES
Pedestrian Passage PP
Alley AL
Road RD
Street ST
Avenue AV lu
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 2 See Article 2
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
12
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DRAFT IN PROGRESS 03.16.07
20'-25'
12'-25'
KEY ST -57.20
Thoroughfare Type
Right of Way Width
J
Pavement Width — —
—
Note:
Designation refers to
minimum dimension
Pavement width measured to
inside of curb
THOROUGHFARE TYPES
Pedestrian Passage PP
Alley AL
Road RD
Street ST
Avenue AV
Drive DR _.—.—.—.—.�.—.—.—.—._
Boulevard BV
Highway HW
AL -20-12
Thoroughfare Type
Alley
Character
Urban
Transect Zone Assignment
T3, T4,T5,T6
Right -of -Way Width
20 - 25 feet
Sidewalk Easement
NIA
Pavement Width
12 - 25 feet
Movement
Slow
Traffic Flow
One Way or Two -Way
Design Speed
10 mph
Pedestrian Crossing Time
6 seconds
Traffic Lanes
1 or 2
Parking Lanes
None
Curb Radius
5 -10 feet
Visibility Triangle
See Article 2
Walkway Type
NIA
Planter Type
NIA
Curb Type
Inverted Crown
Landscape
NIA
Mobility Type
Pedestrian, Bicycle, Vehicle
13
ARTICLE 8. THOROUGHFARES
40'18, 51
??
5 � 1 T�
vfi
RD -40-18
Road
Rural, Suburban
T3
40 feet
NIA
18 feet
Slow
Two -Way
20 - 25 mph
6 seconds
2
None
10 feet
See Article 2
5' Sidewalk Optional
Continuous
Swale
Natural or Clustered
Pedestrian, Bicycle, Vehicle
MIAMI 21
DRAFT IN PROGRESS 03.16.07
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
THOROUGHFARE TYPES
Pedestrian Passage PP
Alley AL
Road RD
40' min
20'
I 5'
ARTICLE 8. THOROUGHFARES
50'
101
20'
ARIE° P.RIE
�� ��
I �
I
I
I �
I �
I �
I �
I �
I �
I �
Street ST
I
I
Avenue AV
Drive DR
°
L
Boulevard BV ..—.—.—.J
—. —.— _
– --
Highway HW
I '
ST -40-20
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 - 24 feet
Movement
Slow
Slow
Traffic Flow
One -Way
Two -Way
Design Speed
20 - 25 mph
20 - 25 mph
Pedestrian Crossing Time
6 seconds
7 seconds
Traffic Lanes
1
2
Parking Lanes
1
2
Curb Radius
10 feet
10 feet
Visibility Triangle
See Article 2
See Article 2
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
14
MIAMI 21
DRAFT IN PROGRESS 03.16.07
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
THOROUGHFARE TYPES
Pedestrian Passage PP
Alley AL
Road RD
50' min.
5' 5' 12' 6' 12' 5' S'
ARTICLE 8. THOROUGHFARES
50' min.
5' 13' 6' 13' 5'
Street ST I I
Avenue AV
Drive DR
Boulevard BV
Highway HW — . — . — . J –L ....... .
AV -50-24
Thoroughfare Type Avenue
Character Residential
Transect Zone Assignment T3
Right -of -Way Width 50 feet
Sidewalk Easement NIA
Pavement Width 24 feet
Movement Free
Traffic Flow Two -Way
Design Speed 25-35 mph
Pedestrian Crossing Time 9 seconds
Traffic Lanes 2
Parking Lanes None
Curb Radius 10 feet
Visibility Triangle See Article 2
Walkway Type 5' Sidewalk
Planter Type Continuous
Curb Type Swale
Landscape Trees at 22' o.c. avg.
Mobility Type Pedestrian, Bicycle, Vehicle
15
Avenue
Residential
T3, T4
50 feet
NIA
26 feet
Free
Two -Way
25-35 mph
6 seconds
2
None
10 feet
See Article 2
5' Sidewalk
Continuous
Raised
Trees at 22' o.c. avg.
Pedestrian, Bicycle, Vehicle
MIAMI 21
DRAFT IN PROGRESS 03.16.07 50'
}}} 28'
81, 12' 8' 6'
KEY ST -57.20
Thoroughfare Type
Right of Way Width i
Pavement Width — — —
Note:
Designation refers to — .
minimum dimension
Pavement width measured to
inside of curb
THOROUGHFARE TYPES
Pedestrian Passage PP
Alley AL
Road RD
Street ST
Avenue AV
Drive DR
Boulevard BV
Highway HW
ST -50-28 A
Thoroughfare Type Street
Character Residential
Transect Zone Assignment T3, T4
Right -of -Way Width 50 feet
Sidewalk Easement NIA
Pavement Width 28 feet
Movement Slow and Yield
Traffic Flow Two -Way
Design Speed 20 - 25 mph
Pedestrian Crossing Time 8 seconds
Traffic Lanes 2
Parking Lanes 2
Curb Radius 10 feet
Visibility Triangle See Article 2
Walkway Type 5' Sidewalk
Planter Type Continuous
Curb Type Raised
Landscape Trees at 22'- 25' o.c. avg.
Mobility Type Pedestrian, Bicycle, Vehicle
16
ARTICLE 8. THOROUGHFARES
50'
}} 28'
�5'
ST -50-28 B
Street
Residential
T3, T4
50 feet
NIA
28 feet
Slow and Free
Two -Way
20 - 25 mph
8 seconds
2
1
10 feet
See Article 2
5' Sidewalk
Continuous
Raised
Trees at 22'- 25' o.c. avg.
Pedestrian, Bicycle, Vehicle
MIAMI 21
ARTICLE 8. THOROUGHFARES
DRAFT IN PROGRESS 03.16.07 50' 50'
34' 38'
10' 6' 9' 10' 10' t 9' 6' 1i
�� I EasENE�� I EasENE
KEY ST -57.20
Thoroughfare Type
Right of Way Width
Pavement Width
I
Note: I I I
Designation refers to
minimum dimension I I I
Pavement width measured to I I I I
inside of curb
I I I I I I
THOROUGHFARE TYPES F I I I
Pedestrian Passage PP I
Alley AL
Road RD
Street ST
Avenue AV PM iE.
Drive DR L
Boulevard BV II I
Highway HW
ST-50-34 ST -50-38
Thoroughfare Type Street Street
Character Mixed Use or Commercial Mixed Use or Commercial
Transect Zone Assignment T4 T4, T5
Right -of -Way Width 50 feet 50 feet
Sidewalk Easement NIA NIA
Pavement Width 34 feet 38 feet
Movement Free Free
Traffic Flow Two -Way Two -Way
Design Speed 20 - 25 mph 20 - 25 mph
Pedestrian Crossing Time 6 seconds 7 seconds
Traffic Lanes 2 2
Parking Lanes 2 2
Curb Radius 10 feet 10 feet
Visibility Triangle See Article 2 See Article 2
Walkway Type 7' Sidewalk 6'- 16'Sidewalk
Planter Type Individual Planters in Bulb -outs Individual Planters in Bulb -outs
Curb Type Raised Raised
Landscape Specific Locations Specific Locations
Mobility Type Pedestrian, Bicycle, Vehicle Pedestrian, Bicycle, Vehicle
Note: 10' Easement Not Applicable to T4
17
MIAMI 21
ARTICLE 8. THOROUGHFARES
DRAFT IN PROGRESS 03.16.07
-._._.
L_.—.—._
60'
36'
Highway HW
70'
38'
10' 12'
EASEMENT
8' 10' 10' 8'
���
12' 10' 10' 16'
EASEMENT EASEMEN���
8' 11' 11' 8'
16'
EASEMENiI
KEY ST -57.20 I
Character
Commercial or Mixed Use
Commercial or Mixed Use
Transect Zone Assignment
Thoroughfare Type
Right Way Width
T4, T5, T6
L
60 feet
70 feet
of
Pavement Width
10 feet
10 feet
Pavement Width
36 feet
Note:
Movement
Free
Free
Traffic Flow
Designation refers to
Two -Way
Design Speed
25 mph
25 - 35 mph
minimum dimensionCE
10 seconds
12 seconds
Traffic Lanes
D
Pavement width measured to
Parking Lanes
2
2
Curb Radius
inside of curb
15 feet
E
See Article 2
Di
THOROUGHFARE TYPES
12'- 22' Sidewalk
C.
Planter Type
Di.
Pedestrian Passage PP
Curb Type
Raised
Raised
Landscape
Alley AL
Trees at 22' o.c. avg.
CE_
Pedestrian, Bicycle, Vehicle, Transit Route
Di
Road RD
I
Street ST
Avenue AV J
Drive DR
_ _
L
Boulevard BV
-._._.
L_.—.—._
Highway HW
ST -60-36
ST -70-38
Thoroughfare Type
Street
Street
Character
Commercial or Mixed Use
Commercial or Mixed Use
Transect Zone Assignment
T4, T5, T6
T4, T5, T6
Right -of -Way Width
60 feet
70 feet
Sidewalk Easement
10 feet
10 feet
Pavement Width
36 feet
38 feet
Movement
Free
Free
Traffic Flow
Two -Way
Two -Way
Design Speed
25 mph
25 - 35 mph
Pedestrian Crossing Time
10 seconds
12 seconds
Traffic Lanes
2
2
Parking Lanes
2
2
Curb Radius
15 feet
15 feet
Visibility Triangle
See Article 2
See Article 2
Walkway Type
12'- 22' Sidewalk
16' -26' 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
18
MIAMI 21
ARTICLE 8. THOROUGHFARES
DRAFT IN PROGRESS 03.16.07 50, 50, FEC R.O.W.
20' 20'
10' 10 ��NSEO'N 8' , 5' 10'
A EfAENT
KEY ST -57.20
Thoroughfare Type
Right of Way Widt�
Pavement Width
Note:
Designation refers to
minimum dimension
W
Pavement width measured to I (n
inside of curb D r�
I m I v
i D i
THOROUGHFARE TYPES
Pedestrian Passage PP
211
CE,: 1_11
Alley AL
Road RD
Street ST
Avenue AV ICE-: 1_11
ICEo: 01
Drive DR
Boulevard BV J
Highway HW
DR -50-20 DR -50-20
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
20 feet
20 feet
Movement
Free
Free
Traffic Flow
Two -Way
Two -Way
Design Speed
25 - 35 mph
25 - 35 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 2
See Article 2
Walkway Type
8' Sidewalk
8' Sidewalk
Planter Type
Continuous or Individual Planters
Continuous or Individual Planters
Curb Type
None
None
Landscape
Trees Alternating 22' o.c. avg.
Trees Alternating 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
19
MIAMI 21
DRAFT IN PROGRESS 03.16.07 70,
}}} 48'
EPSEMENi
KEY ST -57.20
Thoroughfare Type
Right of Way Width i
Pavement Width
Note:
Designation refers to
minimum dimension Eo
o
Pavement width measured to
inside of curb
(EEo:
(,I:o::E-:
I
THOROUGHFARE TYPES
Pedestrian Passage PP
Alley AL
Road RD
ARTICLE 8. THOROUGHFARES
70'
56'
10'7' 13 �r�r� 13 7
EASEMENT EASEMEN1
I 0 II II
to I I
II I I
�o
E.
Street ST L>Q
Avenue AV
Drive DR
Boulevard BV
Highway HW
AV -70-38 AV -70-46
Thoroughfare Type Avenue Avenue
Character Mixed Use Urban Mixed Use Urban
Transect Zone Assignment T4, T5, T6 T5, T6
Right -of -Way Width 70 feet 70 feet
Sidewalk Easement 10 feet 10 feet
Pavement Width 38 feet 46 feet
Movement Free Free
Traffic Flow Two -Way Two -Way
Design Speed 20 - 25 mph 25-35 mph
Pedestrian Crossing Time 14 seconds 16 seconds
Traffic Lanes 2 Moving Lanes,1 Turning Center Lane 2 Moving Lanes, 2 Temporary Lanes, 1 Turning Center Lane
Parking Lanes 2 2 Temporary
Curb Radius 10 feet 10 feet
Visibility Triangle See Article 2 See Article 2
Walkway Type 10.5' Sidewalk 7' 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'- 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
20
MIAMI 21
ARTICLE 8. THOROUGHFARES
DRAFT IN PROGRESS 03.16.07 80' 90,
56' 72'
10' 12' 9' 11' 16' } 11' 9' 12' 10' 10' 9' 9' 22' 10' 22' y 9' 9'
EMSENEN ���fi� EASENEN EASElAEN ��� I
KEY ST -57-20E, o
Thoroughfare Type j j I –
Right of Way Width Pavement Width CE- �Ej
Note:
Designation refers to ICE, �E,
minimum dimension I 4D11
Pavement width measured to
inside of curb
I j
II CE it
j°
-Di-
THOROUGHFARE TYPES
Pedestrian Passage PP
CE -
Alley AL Q
Street ST I F-ii
Road D
Avenue AV
Drive DR
Boulevard BV — J
Highway HW
AV -80-40 AV -90-62
Thoroughfare Type Avenue Avenue
Character Mixed Use or Commercial Mixed Use or Commercial
Transect Zone Assignment T4, T5, T6 T4, T5, T6
Right -of -Way Width 80 feet 90 feet
Sidewalk Easement 10 feet 10 feet
Pavement Width 40 feet 62 feet
Movement Free Free
Traffic Flow Two -Way Two -Way
Design Speed 25-35 mph 25-35 mph
Pedestrian Crossing Time 16 seconds 16 seconds
Traffic Lanes 2 Moving Lanes, 1 Turning Median 4 Moving Lanes, 1 Turning Median
Parking Lanes 2 2
Curb Radius 15 feet 15 feet
Visibility Triangle See Article 2 See Article 2
Walkway Type 12'- 22' Sidewalk 9'- 19'Sidewalk
Planter Type Individual Planters, Continuous Median Individual Planters, Continuous Median
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 Not 10' Easement Not Applicable to T4
21
MIAMI 21
ARTICLE 8. THOROUGHFARES
DRAFT IN PROGRESS 03.16.07
70'
90'
56'
60'
10' 7' 11' 11' 11' 23' 7' 10'
EasEME
10' 5' 11' 11' 22' 11' 11' S' 10'
KEY ST -57.20
I I,
Thoroughfare Type
Right of Way Width
Pavement Width
Note:
Designation refers to
minimum dimension
I I ° L
Pavement width measured to
0
inside of curb
In
I
I of °
0
I°
Io °I
Lu
to
in
CE -
0
az
THOROUGHFARE TYPES
I
I o
Pedestrian Passage PP
Alley AL
I n n I
CE -I I
v 414
°
Road RD
I°
Street ST
Avenue AV
Drive DR
L
I
Boulevard BV
� �
----
Highway HW
—
�ij
ST -70-56
BV -100-62
Thoroughfare Type
Street
Boulevard
Character
Mixed Use or Commercial
Mixed Use or Commercial
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
25-35 mph
25-35 mph
Pedestrian Crossing Time
16 seconds
16 seconds
Traffic Lanes
4 Moving Lanes, 1 Turning Median
4 Moving Lanes, 1 Turning Median
Parking Lanes
2
2
Curb Radius
15 feet
15 feet
Visibility Triangle
See Article 2
See Article 2
Walkway Type
T-17' Sidewalk
15' Sidewalk
Planter Type
Individual Planters, Continuous Median
Individual Planters, Continuous Median
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
Not 10' Easement Not Applicable to T4
22
MIAMI 21
DRAFT IN PROGRESS 03.16.07
Ic
2
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
THOROUGHFARE TYPES
Pedestrian Passage PP
Alley AL
Road RD
Street ST u
Avenue AV
Drive DR
Boulevard BV
Highway HW
BV -100-62
Thoroughfare Type Boulevard
Character Mixed Use or Commercial
Transect Zone Assignment T4, T5, T6
Right -of -Way Width 90 feet
Sidewalk Easement 10 feet
Pavement Width 62 feet
Movement Free
Traffic Flow Two -Way
Design Speed 25-35 mph
Pedestrian Crossing Time 16 seconds
Traffic Lanes 4 Moving Lanes, 1 Turning Median
Parking Lanes 2
Curb Radius 10 feet
Visibility Triangle See Article 2
Walkway Type 6' Sidewalk
Planter Type Individual Planters, Continuous Median
Curb Type Raised
Landscape Trees at 22' o.c. avg.
Mobility Type Pedestrian, Bicycle, Vehicle, Transit Route
23
ARTICLE 8. THOROUGHFARES
EAST QUADRANT
MIAMI 21 ATLAS
- SUB -URBAN
- GENERAL URBAN
-URBAN CENTER
8* -URBAN CORE
12* - URBAN CORE
-24* - URBAN CORE
-36* -URBAN CORE
-4$* - URBAN CORE
- WORK PLACE
INDUSTRIAL
- CIVIC SPACE/PARKS
CIVIC INSTITUTIONAL
RESTRICTED
LIMITED
OPEN
JMBER OF STORIES
:rei.,n o i nwriorlP i eecry or nn�.in.
DUANY PLATER-ZYBERK & COMPANY
Revision Date: 03.16.07 #,.