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Ordinance
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3500 Pan American
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Miami, FL 33133
www.cLmiami.fl.us
File Number: 04-00716 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 9, SECTIONS 903 AND 907, IN ORDER TO MODIFY
LANGUAGE PERTAINING TO RULES CONCERNING PROJECTS CROSSING
DISTRICT BOUNDARIES OR STREETS, AND HEIGHT OF BUILDINGS
ABUTTING RESIDENTIAL DISTRICTS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of July 7, 2004, Item No. --,
following an advertised hearing, adopted Resolution No. PAB ---03 by a vote of --- to ---(---),
RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 as hereinafter set forth;
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 inhabitants to amend Ordinance
No. 11000 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 hereby amended by amending the text of said Ordinance as follows: I1}
"ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS.
Sec. 903. General and supplementary regulations.
The following regulations shall apply generally or in groups of districts as indicated, and qualify or
supplement other regulations appearing in this zoning ordinance, unless district regulations or
regulations for particular uses specifically provide to the contrary. Terms used in this section are
generally cross referenced in article 25.
903.1. Rules concerning projects crossing district boundaries or streets; requirements and limitations.
Where a project is designed as a single site and it occupies lands divided by district boundaries, the
entire site may be developed under the conditions of the less intense district, by Class I Special Permit
only. If the project is to be developed utilizing different zoning districts. then other district separation
requirements that would normally apply as to height and/or setbacks, or walls, shall not be required
within the unified parcel only when applying under Section 908.13 and/or Section 910 and/or providing
a Unity of Title; however all use limitations shall comply with the underlying zoning classification.
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A Class li Special Permit is required where a project is designed as a single site and it occupies lots
divided by a street or alley.
903.2. Rules concerning combinations of uses in buildings or on premises; cumulative requirements or
limitations,
*
Sec. 907. Lot, yards, and related terms; definitions; methods for measurement; general requirements
and limitations.
907.3.1. Rule concerning setbacks where abutting lots have different zoning designations.
In this type of case, the most restrictive condition applies to all development on both sides of the
district boundary.
907.3.2. Rule concerning height of buildings abutting residential districts.
For the purposes of this section, alleys shall riot be considered as a buffer separating district boundary
lines. In these cases the district bounda line shall be construed as abutting the higher
density/intensity district.
Where districts allowing building heights over forty (40) feet abut Single Family Residential Districts or
Two Family Residential Districts, an additional
height setback shall be applied at the setback line for all yards abutting such residential districts. The
height setback shall set back one (1) foot in the horizontal for every two (2) additional feet in the
vertical dimension starting at an elevation of 40ft above the flood level or average sidewalk elevation,
whichever is higher. Pursuant to Sec. 903.1, such additional height setback shall not be required
where a project is designed as a single site and it occupies lands divided by district boundaries, except
in cases where the project abuts Singe Family Residential or Two Family Residential not within the
project. Such additional height setback shall also not be required for districts separated by a
waterway.
*
*It
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict
with the provisions of this Ordinance are hereby repealed.
Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
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1
L a.t,(
LEJ NDRO VILARELLO
( CIT 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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