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Ordinance
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Miami, FL 33133
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File Number: 05-01089a Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLES 4, 6,
9 AND 25 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, BY MODIFYING REGULATIONS RELATED
TO PROVISION OF GREEN SPACE AND OPEN SPACE WITHIN NEW
DEVELOPMENT; PROVIDING FOR MODIFICATIONS OF SUCH PROVISIONS BY
CLASS II SPECIAL PERMIT WITH CONTRIBUTIONS TO THE CITY OF MIAMI
PARKS AND OPEN SPACE TRUST FUND FOR SUCH MODIFICATIONS;
MODIFYING CERTAIN DEFINITIONS; PROVIDING FOR CRITERIA, PROVIDING
FOR AN APPLICATION AND APPROVAL PROCESS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of September 21, 2005, Item No. 4,
following an advertised hearing, adopted Resolution No. PAB 97-05 by a vote of eight to zero (8-0),
recommending APPROVAL of the adoption of this item; and
WHEREAS, the City Commission has determined that certain open space requirements may be
relocated to areas within a building other than the ground floor by special permit without detriment to
the city in exchange for contributions into a city wide parks and open space trust fund; and
WHEREAS, in order to promote and fund its Parks and open space initiatives the City needs to
allow for modifications to open space requirements as set forth herein; 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, AS FOLLOWS:
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. The City of Miami Zoning Ordinance is hereby amended by amending Article 10, Sign
Regulations, as follows: {1}
Article 4 Zoning Districts
Sec, 401. Schedule of district regulations.
City of Miami
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R-1 Single -Family Residential.
* * *
Intensity:
Green space: Minimum of fifteen -hundredths (0.15) times the gross lot area.
* * *
R-2 Two -Family Residential.
Green space: Minimum of fifteen -hundredths (0.15) times the gross lot area.
R-3 Multifamily Medium -Density Residential.
Green space Open Space: Minimum of fifteen -hundredths (0.15) times the gross lot area:
modifications shall be permitted as set forth in Section 907.2.
R-4 Multifamily High -Density Residential.
Intensity:
*
*
*
Green space Open Space: Minimum of fifteen --hundredths (0.15) times the gross lot areal
modifications shall be permitted as set forth in Section 907.2.
*
0 Office.
Intensity:
*
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Gr-een-s-pace Open Space: Minimum of fifteen -hundredths (0.15) times the gross lot areal
modifications shall be permitted as set forth in Section 907.2.
C-1 Restricted Commercial.
Intensity:
*
*
Green space Open Space: Minimum of one -tenth (0.10) times the gross lot area; modifications shall
be permitted as set forth in Section 907.2.
C-2 Liberal Commercial.
Intensity:
*
*
Green space Open Space: Minimum of one -tenth (0.10) times the gross lot area; modifications shall
be permitted as set forth in Section 907.2.
* * *
CBD Central Business District Commercial.
Intensity:
*
Open space: Minimum of one -tenth (0.10) times the gross lot area; modifications shall be permitted as
set forth in Section 907.2.
Residential Recreation Space: A minimum of one (1) square foot of
open space or residential recreation space shall be provided for every fifty (50) square feet of floor
area over fifty thousand (50,000) square feet. Such residential recreation space
may be located anywhere within the project and need not be located at the ground floor; such
recreation space shall be approved by Class II Special Permit and shall conform to the Design Guides
City of Miami
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and Standards for Open Space and Residential Recreation Space.
For purposes of calculating total Open Space and Residential Recreation Space requirements, the
10% open space requirement as set forth herein may be counted towards the residential recreation
space requirements; i.e. the residential recreation space requirements are not to be in addition to the
open space requirements,
*
1 Industrial.
Intensity:
Greer- space Open Space: Minimum of fifteen -hundredths (0.10) times the gross lot area;_
modifications shall be permitted as set forth in Section 907.2.
*
ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS
*
Sec. 601. SD-1 Martin Luther King Boulevard Commercial District.
*
Sec. 601.8. Minimum open space, green space, setback, and yard requirements.
601.8.1 Within the SD-1 district, minimum open space requirements shall be as follows:
1. For residential uses, without mixtures of other uses, as required for R 1 R 3.
2. For nonresidential or mixed uses:
n(10)
cau
as required for C-1.
3. Special Yard requirements: front yard, street side yards: Front and side street yards shall be ten
(10) feet, except adjacent to Martin Luther King Boulevard where a front yard of not less than ten (10)
nor more than seventy-five (75) feet in depth shall be provided. Similar yards shall be required where
sides of lots adjoin streets intersecting Martin Luther King Boulevard in the area described at section
601.4.1.1. All such yards shall be landscaped and may be used for offstreet parking, but driveways
City of Miami
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equal in maximum width to twenty-five (25) percent of the width of the lot (or depth where such yards
adjoin at the side) may be permitted to cross such yards.
Sec. 602. SD-2 Coconut Grove Central Commercial District.
Sec. 602.8. Minimum open space and yard requirements.
602.8.1. Minimum yard, except for balconies and awnings.
Except as required in specified locations, setbacks adjacent to streets shall be at least five (5) feet in
depth.
602.82. Minimum open space requirements shall be as required for C-1.
*
Sec, 604. SD-4 Waterfront Industrial District.
Sec. 604.8. Minimum open space requirements.
*
*
604.8.2. Building footprint and green space.
1. The building footprint shall not exceed seven -tenths (0.7) times the gross lot area.
2.
Open space requirements shall be as required for C-2.
*
*
Sec. 605. SD-5 Brickell Avenue Area Office -Residential District.
*
Sec. 605.8. Minimum yards, setbacks, open space, through block connections, waterfront walkways.
605.8.4. Open space.
Open space shall be provided in this district in an amount not less than fifteen (15) ten (10) percent of
the gross lot area; and in no case shall less than four hundred (400) square feet of open space be
required with a minimum dimension of twenty (20) feet. The open space shall conform to the City of
Miami Primary Pedestrian Pathways Standards and Guidelines; modifications shall be permitted as set
City of Miami
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forth in Section 907.2.
Sec. 606. SD-6, SD-6.1 Central Commercial Residential Districts.
Sec, 606.8. Minimum yards, setbacks, open space and residential recreation space, and through
block connections.
*
606.8.3. Open space and residential recreation space.
Open space: Minimum of one -tenth (0.10) times the gross lot area; modifications shall be permitted as
set forth in Section 907.2.
Residential Recreation Space: A minimum of one (1) square foot of residential recreation space shall
be provided for every fifty (50) square feet of floor area over fifty thousand (50,000) square feet. Such
residential recreation space may be located anywhere within the project and need not be located at the
ground floor; such recreation space shall be approved by Class II Special Permit and shall conform to
the Design Guides and Standards for Open Space and Residential Recreation Space.
For purposes of calculating total Open Space and Residential Recreation Space requirements, the
10% open space requirement as set forth herein may be counted towards the residential recreation
space requirements; i.e. the residential recreation space requirements are not to be in addition to the
open space requirements,
Sec. 607. SD-7 Central Brickell Rapid Transit Commercial -Residential District.
*
Sec. 607.8. Minimum yards, setbacks, open space and residential recreation space.
607.8.3. Open space and residential recreation space.
City of Miami
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Open space: Minimum of one -tenth (0.10) times the gross lot area; modifications shall be permitted as
set forth in Section 907.2.
Residential Recreation Space: A minimum of one (1) square foot of residential recreation space shall
be provided for every fifty (50) square feet of floor area over fifty thousand (50,000) square feet.
For purposes of calculating total Open Space and Residential Recreation Space requirements, the
10% open space requirement as set forth herein may be counted towards the residential recreation
space requirements; i.e. the residential recreation space requirements are not to be in addition to the
open space requirements.
Such open space and/or residential recreation space shall be approved by Class II Special Permit and
shall conform to "The City of Miami Design Guides and Standards for Open Space and Residential
Recreation Space" and to the following special standards:
1. Generally, open space and urban gardens shall not exceed twenty-five (25) percent of the lineal
frontage of the development site on any public street.
2. At least fifty (50) percent of the lineal footage of perimeter walls enclosing an atrium space shall
contain ground level uses permitted in section 607.4.1.
Sec. 608. SD-8 Miami Design District.
*
*
*
Sec. 608.8. Minimum open space requirements.
A minimum of ten (10) percent of the gross lot area shall be provided in the form of exterior ground
level plazas and/or second level terraces that conform to the standards of Section 608.12L
modifications shall be permitted as set forth in Section 907.2.
*
Sec. 614. SD-14, 14.1: Latin Quarter Commercial -Residential and Residential Districts.
* * *
614.3.5.3. Minimum open space requirements.
For SD-14, open space requirements shall be as set forth for C-1 and for SD-14.1. open space
requirements shall be as set forth for R-3; modifications shall be permitted as set forth in Section
City of Miami
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907.2.
*
Sec. 615. SD-15 River Quadrant Mixed -Use District.
Sec. 615.5. Minimum lot requirements; floor area limitations; minimum open space requirements.
* * F
615.5.5. Open space and residential recreation space.
Open space: Minimum of one -tenth (0.10) times the gross lot area; modifications shall be permitted as
set forth in Section 907.2.
Residential Recreation Space: A minimum of one (1) square foot of residential recreation space shall
be provided for every fifty (50) square feet of floor area over fifty thousand (50,000) square feet. Such
residential recreation space may be located anywhere within the project and need not be located at the
ground floor; such recreation space shall be approved by Class It Special Permit and shall conform to
the Design Guides and Standards for Open Space and Residential Recreation Space.
For purposes of calculating total Open Space and Residential Recreation Space requirements, the
10% open space requirement as set forth herein may be counted towards the residential recreation
space requirements; i.e. the residential recreation space requirements are not to be in addition to the
open space requirements,
and-615.5.5.2 below.
*
Sec. 616. SD-16, 16.1, 16.2 Southeast Overtown-Park West Commercial -Residential Districts.
Sec. 616.8. Minimum open space requirements.
*
616.8.4. SD-16, 16.1, 16.2 open space, residential recreation space; gateway features, view corridors
and lot coverage, pedestrian through block connections, special requirements and limitations.
616.8.4.1. Open space and residential recreation space.
City of Miami
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Open space: Minimum of one -tenth (0.10) times the gross lot area; modifications shall be permitted as
set forth in Section 907.2.
Residential Recreation Space: A minimum of one (1) square foot of residential recreation space shall
be provided for every fifty (50) square feet of floor area over fifty thousand (50,000) square feet.
For purposes of calculating total Open Space and Residential Recreation Space requirements, the
10% open space requirement as set forth herein may be counted towards the residential recreation
space requirements: i.e. the residential recreation space requirements are not to be in addition to the
open space requirements,
Such open pace andlor residential recreation space may be located anywhere within the proposed
project, including roof gardens and amenity areas, where such space is open to all residents andlor
employees and visitors; such spaces shall be approved by Class II Special Permit and shall conform to
any applicable City of Miami design standards and guidelines and to the special standards listed
below:
1. All improvements shall be in accord with any applicable duly adopted plans or development guides
and standards for the Southeast Overtown/Park West area.
2. Where the top decks of accessory parking structures are exposed to view from above, they shall
be improved and maintained as open space or residential recreation space.
3. The yards adjacent to N.E. and N.W. 9th Street, when required, shall be improved and maintained
in accord with approved design standards for the Ninth Street Mall. Landscaping, sculpture, fountains,
street furniture, and the like shall be provided as appropriate to the overall design of the pedestrian
mail. All improvements are subject to approval in connection with Class II Special Permit actions. Such
yard area shall be considered to be open space for the purpose of calculating minimum open space
requirements for nonresidential uses.
4. Open space and residential recreation space shall be located to take maximum advantage of
desirable views, especially as they relate to view corridors.
ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS
907.2. Reserved. Open Space and green space requirements; modifications as to location by special
permit with contribution to trust fund.
907.2.1. Green space requirements.
City of Miami
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Green space shall be defined as: An open space area not occupied by impervious surfaces and
located at ground level. Green space requirements may not be waived or moved to upper locations
within a project.
Green space requirements as specified in Article 4 for R-1 and R-2 residential districts shall be
provided as set forth and may not be modified by special permit.
907.2.2. Open space requirements.
Open space shall be defined as: Any parcel or area of land or water, located at the ground floor,
essentially unimproved by permanent buildings and set aside, dedicated, designated or reserved for
public or private use or enjoyment or for the use and enjoyment of owners and occupants of land
adjoining or neighboring such open spaces.
907.2.2.1. Open space requirements for all zoning districts shall be provided as set forth within this
zoning ordinance except as follows:
Open space requirements shall be required to be met, however, may be relocated to areas within a
development other than the ground floor or waived. No finding or showing of hardship shall be
required to allow such modifications.
A modification of open space requirements may be approved for parcels located within any zoning
district other than R-1. R-2, SD-11, SD-13 and properties with an SD-17 overlay, by Class II Special
Permit pursuant to the requirements of articles 13 and 15 of this ordinance, upon a finding that such
modification would not cause the development to be inconsistent with the neighborhood plan, or any
governing development order issued for a Development of Regional Impact or any Area -Wide
Development of Regional Impact, or any governing master plan which has been duly adopted, or any
other duly adopted land use regulation.
In addition, the developer benefiting from such modifications of open space requirements shall pay, in
addition to all other fees required by ordinances affecting the development prior to the issuance of
building permit for the Class II Special Permit which authorizes such modification, the following fee(s):
For every square foot of required open space that is relocated or waived, as specified herein and
pursuant to a Class II Special permit under this section, the user shall make a nonrefundable
developer contribution of fifty dollars ($50.00) per square foot to the Parks and Open Space Trust
Fund administered by the City of Miami as set forth in Chapter 62 of the City Code, as amended.
*
Article 25 Definitions
*
Section 2502. Specific Definitions.
City of Miami
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Green space. An open space area not occupied by impervious surfaces and located at ground level.
*
Open space. Any parcel or area of land or water, located at the ground level floor, essentially
unimproved by permanent buildings and set aside, dedicated, designated or reserved for public or
private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or
neighboring such open spaces.
*f.
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}
Section 6. All existing non -permitted Murals shall be removed within sixty (60) days of the effective
date unless an initial application has been filed with the City`s Hearing Administrator in accordance
with the provisions of this Ordinance.
APPROVED AS TO FROM AND CORRECTNESS:
JORGE L. FERNANDEZ
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.
City of Miami
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