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Legislation -
Ordinance n
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Ordinance
File Number: 09-00955zt
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 6, SECTION 610.3.2 ENTITLED
"CONSIDERATIONS IN MAKING CLASS II SPECIAL PERMIT DETERMINATION,"
TO ALLOW CANTILEVER COMPONENTS PROMOTING ENERGY EFFICIENCY,
TO PROJECT INTO YARDS ADJACENT TO STREETS; SUBJECT TO
LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 16, 2009,
Item No. P. 11, following and advertised public hearing, adopted Resolution No. PAB 09-035 by a vote
of seven to zero (7-0), recommending approval as presented; and
WHEREAS, the City Commission after careful consideration of this matter deems it advisable
and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning
Ordinance as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto, and incorporated herein, as if fully set forth in this Section.
Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, is amended as follows {1}
"ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS
SECTION 610, SD -10 Medical Health Care, Hospital and Research Park Overlay District
Sec. 610.3. Class II Special Permit.
610.3.1. When required.
No building permit shall be issued within the boundaries of the SD -10 district affecting the
height, bulk, or location of any structure in excess of ten thousand dollars ($10,000.00) or the location
or relocation or enlargement of vehicular ways or parking areas, outside public rights-of-way, without
the issuance of a Class II Special Permit.
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File Number.• 09-00955zt
A Class II Special Permit shall be required prior to approval of any permit (except special
permits pursuant to article 13) affecting the height, bulk, location or exterior configuration of any
existing building; or for the erection of any new building; for the establishment of any outdoor green
market pursuant to Section 610.7 herein; or for the location, relocation or substantial exterior alteration
of any structure, sign (except real estate signs), awning, landscaping, parking area or vehicular way
visible from a public street or waterfront walkway.
610.3.2. Considerations in making Class II Special Permit determinations
The purpose of the Class II Special Permit shall be to ensure conformity of the application with
the expressed intent of this district, with the general considerations listed in section 1305, and with the
special considerations listed below.
1. Rooftop parking or mechanical equipment and utility service areas visible from nearby buildings
shall be appropriately screened with landscape or architectural materials.
2. Public access to public plazas and walkways shall be provided.
3. Pedestrian walkway connections shall be provided between parallel public streets.
4. In general, principal pedestrian entrances to buildings shall be along street frontages with major
traffic volumes, and vehicular entrances shall be on streets less intensively used for through traffic,
both to separate pedestrian from vehicular circulation and to minimize vehicular friction along major
streets.
5. Offstreet parking and loading shall generally be within enclosed structures which shall either be
underground or, if aboveground, shall be designed to provide a minimal visual impact, well integrated
with the principal structures. Unenclosed vehicular parking and loading in any location visible from a
public street shall be appropriately screened from surrounding rights-of-way.
6. Except for portions authorized by special permit for vehicular access, required yards and adjacent
sidewalk areas within the public right-of-way shall be appropriately landscaped and provided with
pedestrian ways in accord with the following design standards:
a. Street trees shall be provided in the sidewalk area at a maximum spacing of thirty (30) feet
Such trees shall be a minimum, of fifteen (15) feet in height, three-inch caliper, and seven (7)
feet of clear trunk; unless a master plan is approved through the Class II Special Permit
process which provides for different specifications.
b. Paving materials and patterns shall be aesthetically harmonious and consistent with
adjacent or nearby properties and shall meet established sidewalk grades.
c. Street furniture shall be provided which may include benches, trash receptacles, pedestrian
walkway lighting, bus shelters, sculpture, public information kiosks, and the like. These may be
located in the pedestrian area as long as pedestrian flow patterns are continuous.
d. Trees, palms, ground cover, grass and other living landscape plants shall be provided in
required and provided yard areas in accord with an approved overall landscape plan for the
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File Number; 09-00955zi
development.
7. Outdoor green markets shall be -reviewed subject to the requirements, conditions and limitations
outlined herein. In addition to other requirements, an operational plan and vendor guidelines shall be
required at the time of application.
8. On yards adjacent to streets, cantilevered components promoting energy efficiency such as
shading or screening devices, may protect up to eight (8) feet into the yard along the facade of the
building.
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Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRUT
CITY ATTORNEY
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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