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Ordinance: 13166
File Number: 10-00291zt-b
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/22/2010
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT
OF HEIGHT" TO MODIFY STORY HEIGHT MAXIMUMS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY
20, 2010.
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code,
Ordinance No. 13114; and
WHEREAS, on January 28, 2010, the City Commission extended the implementation date to
May 20, 2010, Ordinance No. 13138; and
WHEREAS, amendments are being made prior to its implementation date to address certain
property uses; and
WHEREAS, the Miami 21 Code regulates floor to floor height of buildings and specific uses
allowed within each particular zoning designation; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on March 17, 2010, Item No.
PA, following an advertised public hearing, adopted Resolution No. 10-006, by a vote of eight to zero
(8-0), recommending APPROVAL of an amendment to Ordinance No. 13114, as amended; 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 the Miami
21 Code, the Miami 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 adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby
amended by making modifications to Article III in the following particulars: {1}
"ARTICLE III General to Zones
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File Number: 10-00291zt-b
3.5 MEASUREMENT OF HEIGHT
Enactment Number: 13166
3.5.2 A Story is a Habitable level within a Building of a maximum fourteen (14) feet in
Height from finished floor to finished floor. Basements are not considered Stories for
the purposes of determining Building Height. Aground level retail Story may exceed
this limit up to a total height of twenty-five (25) feet. A single floor level exceeding
fourteen (14) feet, or twenty-five (25) feet at ground level retail, shall be counted as
two (2) Stories; except for T6-36, T6-48, T6-60 and T6-80, where a single floor level
exceeding fourteen (14) feet may count as one (1) story if the building height does
not exceed the maximum height, including all applicable bonuses, allowed by the
transect at fourteen (14) feet per floor. Where the first two stories are retail, their
total combined Height shall not exceed thirty-nine (39) feet and the first floor shall
be a minimum of fourteen (14) feet in Height. Mezzanines may not exceed
thirty-three percent (33%) of the Habitable Space Floor Area. Mezzanines extending
beyond thirty-three percent (33%) of the Floor Area shall be counted as an
additional floor. The Height of a Parking Structure concealed by a Liner may be
equal to the Height of the Liner; this may result in a Liner Story concealing more
than one level of Parking.
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Miami 21 Code of the City of Miami, Florida, which provisions may
be renumbered or reentered and that the word 'ordinance" may be changed to "section", "article", or
other appropriate word to accomplish such intention.
Section 5. These amendments to the Miami 21 Code shall be implemented on May 20,
2010.{2}
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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