HomeMy WebLinkAboutO-13235City of Miami
Legislation
Ordinance: 13235
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00956zt Final Action Date: 11/18/2010
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MAKING
MINOR AND NON -SUBSTANTIAL CHANGES, CORRECTING CROSS
REFERENCES TO OTHER PARTS OF THE CODE OR FLORIDA STATUTES;
CLARIFYING AND CORRECTING LANGUAGE AS TO USES, DEFINITIONS, AND
TERMS; ADDING AND CLARIFYING DEFINITIONS FOR ADULT ENTERTAINMENT;
CLARIFYING SETBACKS, WITH REGARD TO THE FOLLOWING ARTICLES:
ARTICLE 1. "DEFINITIONS", ARTICLE 2. "GENERAL PROVISIONS", ARTICLE 3.
"GENERAL TO ZONES", ARTICLE 4. "STANDARDS AND TABLES", ARTICLE 5.
"SPECIFIC TO ZONES", ARTICLE 6. "SUPPLEMENTAL REGULATIONS", ARTICLE
7. "PROCEDURES AND NONCONFORMITIES", ARTICLE 8. "THOROUGHFARES",
ARTICLE 9. "LANDSCAPE REQUIREMENTS", APPENDIX A. "NEIGHBORHOOD
CONSERVATION DISTRICTS", APPENDIX B. "WATERFRONT DESIGN
GUIDELINES", AND APPENDIX C. "MIDTOWN OVERLAY DISTRICT"; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on September 1,
2010, following an advertised public hearing, adopted Resolution No. PZAB-R-10-023 by a vote of
eight to zero (8-0), item no. 1, recommending APPROVAL with modifications to the City Commission;
and
WHEREAS, on October 22, 2009, the City Commission adopted the Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended, the Miami 21 Code ("Miami 21 Code") ;
and
WHEREAS, it has been determined that certain articles of the Miami 21 Code should be
amended to allow or restrict certain uses and provide clarification of specific articles of the Miami 21
Code to better meet the needs of the residents of Miami; 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;
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 Miami 21 Code, is hereby amended by making
City of Miami
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modifications to Articles 1 through 9, Appendices A, B, and C in the following particulars: {1}
"ARTICLE 1.
DEFINITIONS
1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)
d. COMMERCIAL
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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 goods include, but are not limited to, clothing, food, furniture,
pharmaceuticals, books, art objects and the like. 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, Employment Office; Public Storage Facilities, and the like. General
Commercial services exclude: Auto -Related or Marine -Related Establishments; Commercial Storage
Facilities, Pawn Shops, and the like.
operates on commission or fee, purveys-d+splays, or offers only to or for adults products, goods of
any nature, images, reproduction activities „pportunities f„r experiences „r encounters ,,,ovine „r
still pictures, entertainment, or ana-u.,ement distinguished by purpose and emphasis on matters
depicting, describing, or relating by any means of communication from one (1) person to another to
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 eighteen (18) 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 -in -this Code shall be based upon the activity therein conducted or proposed to be
conducted as set out above and in these regulations 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 "adullt escorrt service" are-encommpassed within this definition of "adult
limit by the enun tion of specif ctivities listed h ro See Article R
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Entertainment Establishment, Adult; Adult entertainment, in general; adult entertainment services or
adult entertainment services establishment (hereinafter referred to throughout the code as "Adult
entertainment"): Any establishment which sells, rents, leases, trades, barters, operates on
commission or fee, purveys, displays, or offers only to or for adults, products, goods of any nature,
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images, reproductions, activities, opportunities for experiences or encounters, moving or still pictures,
entertainment, and/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 in Section 1.2 of this Code. Such
establishment may or may not be open or available to the public generally, but shall exclude any
person under eighteen (18) 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. Such establishment shall not depend upon the name or title of the establishment
used or proposed, and it shall be irrespective of whether or not members of the public are invited to
enter such establishment. 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", but the term "Adult entertainment" is not to be deemed limited by
the enunciation of specific activities listed before. Adult entertainment establishments are allowed in
D2 industrial, subject to the limitations set forth in Article 6, Table 13.
Adult entertainment- Legislative Intent.
As intended in previous zoning ordinances, most particularly, Zoning ordinances 11000 and 9500, this
ordinance intends to regulate Adult entertainment as herein defined, to minimize deleterious effects
on the neighborhood. These deleterious effects have been presented as evidence and relied upon for
adoption in previous adult entertainment legislation in zoning ordinances 9500 and 11000, and are
also relied upon herein. Such deleterious effects may include, but not be 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, discouragement of residential uses in the area,
and creation of an erotically suggestive atmosphere on public ways used by minors. Moreover, in the
development and enforcement of restrictions on Adult entertainment in this code, this section and in
Article 6, it is acknowledged that adult entertainment have been found to have serious objectionable
characteristics, and to have a deleterious effect on adjacent businesses and residential areas. In
making this finding, the Commission has reasonably relied upon evidence of conditions within the City
itself, evidence gathered by other localities and communities, and evidence described in judicial
opinions. For the protection and welfare of the community, it is necessary, to locate Adult
entertainment away from residential areas and commercial areas, and particularly away from public
facilities that are used frequently by minors, such as schools, churches, parks, libraries, day care
centers or nurseries, and to restrict Adult entertainment to industrial areas.
1.2 DEFINITIONS OF TERMS
Content, Adult: see Adult Entertainment; Specified Anatomical Areas; Specified Sexual Activities; see
section 1.1 Commercial Use.
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 Section 1.1
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(Industrial, Storage and Distribution Commercial, General Commercial) and Article 6.
Specified Anatomical Areas: Those areas of the human body, less than completely and opaquely
covered, which consist of: (a) male or female genitals or pubic region; (b) male or female buttocks,
anus, anal cleft, or cleavage; (c) female breast below a point immediately above the top of the areola;
or (d) human male genitals in a discernibly turgid state. See Section 1.1 (Commercial, Entertainment
Establishment, Adult).
Specified Sexual Activities: Those activities which, when described, displayed, exhibited, simulated,
or depicted by whatsoever medium in an adult entertainment service establishment: (a) show the
human genitals in a state of sexual stimulation, or being aroused to a state of sexual stimulation, (b)
show acts of human masturbation, human sexual intercourse, or sodomy; or sexual acts between
humans and animals; (c) show one (4 1) human being fondling or touching erotically the genitals,
pubic area, buttock, anus, or female breast of another human being. See Section 1.1 (Commercial
Entertainment Establishment, Adult).
ARTICLE 2.
GENERAL PROVISIONS
2.1 PURPOSE AND INTENT
2.1.3 Transect Principles
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
transition to take precedence over the natural environment, except Parks, recreation and natural
features. 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.
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ARTICLE 3.
GENERAL TO ZONES
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3.3 LOTS AND FRONTAGES
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3.3.6 For new Buildings in Established Setbacks Areas, the Established Setback shall be
maintained. (See also Article 4, Diagram 10) Galleries and Arcades may be permitted
within the First Layer in Established Setback Areas and shall not encroach the Public
Right -of -Way except by Special Area Plan. Where a Gallery or Arcade is permitted, the
Established Setback shall only be maintained if a Gallery or Arcade is provided. Where
a Gallery or Arcade is not provided, the setback for the underlying Transect Zone shall
be maintained.
3.4 DENSITY AND INTENSITY CALCULATIONS
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3.4.1 Lot Area, inclusive of any dedications, is used for purposes of Density and Intensity
calculation.
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3.6 OFF-STREET PARKING AND LOADING STANDARDS
3.6.1 Off -Street Parking Standards
a. Off-street Parking requirements for the individual Transect Zones shall be as set forth in Article
4, Table 4. Where required off-street parking is based on square footage of Use, the
calculation shall only include Habitable Rooms and Habitable Space occupied by such Use.
b. Off-street Parking dimensions and Shared Parking (mixed -use) reduction table shall be as set
forth in Article 4, Table 5.
c. Required Parking for Adaptive Reuses may be reduced or exempted by Waiver for properties
located in a Community Redevelopment Area, or in areas where a Parking Trust Fund has
been established, or for historic sites and contributing Structures within designated historic
districts.
d. Parking reductions shall not be cumulative except in T6-36, T6-48, T6-60 and T6-80. Parking
reductions shall not exceed fifty percent (50%) of the total Off-street Parking required, except
for Residential components of projects within one thousand (1,000) feet of Metrorail or
Metromover stations.
3.11 WATERFRONT STANDARDS
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In addition to the Miami City Charter requirements, the following Setback, walkways and
waterfront standards shall apply to all waterfront properties within the City of Miami, except as
modifications to these standards for all waterfront properties may be approved by the City
Commission pursuant to the procedures established in the City Charter.
All Miami riverfront properties shall include water -related uses across all Transect Zones except
T3.
ARTICLE 4.
STANDARDS & TABLES
Article 4. Table 2 Miami 21 Summary
d. Floor Lot Ratio
Add bonus threshold from Article 5 to Summary Table for Transect Zones T6-8, T6-12, T6-24, T6-36,
T6-48, T6-60, T6-80. [See Exhibit A]_
Article 4. Table 3 Building Function: Uses
Add footer to Table as follows: See City Code Chapter 4 for regulations related to Alcohol Beverage
Service Establishment. [See Exhibit B]_
ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING
T4 - GENERAL URBAN ZONE
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LIMITED
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OFFICE
Office Uses are permissible as listed in Table 3, limited by compliance with:
• The first Story of the Principal Building and ancillary Building Accessory Structure and Office
and Commercial Uses shall be less than 50% Building floor area total. [See Exhibit C]
COMMERCIAL
Commercial Uses are permissible as listed in Table 3, limited by compliance with:
• The first Story of the Principal Building and ancillary Building Accessory Structure and Office
and Commercial Uses shall be less than 50% Building floor area total. [See Exhibit C]
T5 - URBAN CENTER ZONE
RESTRICTED, LIMITED, OPEN
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Ancillary Dwelling Minimum of 1 parking space per ancillary unit in addition to the parking required
for the principal dwelling unit. [See Exhibit D]
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ARTICLE 4. TABLE 5 BUILDING FUNCTION: PARKING AND LOADING
SHARED PARKING STANDARDS
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For instance: for a building with a Residential Use requiring 100 spaces and a Commercial Use
requiring 20 spaces, the 20 spaces divided by the sharing factor of 1.2 would reduce the total
requirement to 100 plus 16 17 spaces. For uses not indicated in this chart on a mixed use lot a
sharing factor of 1.1 shall be allowed. Additional sharing is allowed by Warrant. [See Exhibit E]_
OFFSTREET PARKING STANDARDS
For landscaping requirements of parking lots, refer to Article 9 and the City of Miami Off-street
Parking Guides and Standards. [See Exhibit E]
City of Miami
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LOADING BERTH STANDARDS
Berth Size
24G 200 sf = 10 ft x 20 ft x 12 ft
[See Exhibit E]
ARTICLE 5.
SPECIFIC TO ZONES
5.3 sub -urban Transect Zones (t3)
5.3.2 Building Configuration (T3)
e. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and
be as shown in Illustration 5.3. The first -floor elevation of a Principal Building shall be a
maximum of two and a half (2.5) feet above grade, or as regulated by FEMA, whichever is
higher. A flat roof shall be a maximum of two Stories and twenty-five (25) feet. A pitched
roof shall be a maximum of twenty-five (25) feet to the eave and shall not exceed ten (10)
feet overall Height above the second Story.
5.3.6 Landscape Standards (T3)
b. At the First Layer, pavement shall be limited as follows: Impervious pavement shall be
limited to thirty percent (30%) of the area and pervious pavement shall be limited to sixty
percent (60%) of the area; a combination of pervious and impervious pavement shall be
limited to sixty percent (60%) of the Lot area in the First Layer.
Illustration 5.3 SUB -URBAN TRANSECT ZONES (T3)
Correct corner lot illustration for Building Placement to show 5 feet side setback.
[See Exhibit F]
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5.4 GENERAL URBAN TRANSECT ZONES (T4)
5.4.5 Architectural Standards (T4)
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c. Roof materials should be light-colored, high-Albedo or a planted surface.- and shall comply
with Article 3, Section 3.13.2 of this Code.
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5.4.6 Landscape Standards (T4)
b. In the First Layer, pavement shall be limited as follows: impervious pavement shall be
limited to forty percent (40%) of the area and pervious pavement shall be limited to fifty
percent (50%) of the area; a combination of pervious and impervious pavement shall be
limited to fifty percent (50%) of the let area in the First Layer.
5.5 URBAN CENTER TRANSECT ZONES (T5)
5.5.5 Architectural Standards (T5)
c. Roof materials should be light-colored, high Albedo or a planted surface.- and shall comply
with Article 3, Section 3.13.2 of this Code.
* * *
5.6 URBAN CORE TRANSECT ZONES (T6)
* * *
5.6.2 Building Configuration (T6)
c. Encroachments shall be as follows: At the First Layer, cantilevered Awnings and entry
canopies may encroach up to one hundred percent (100%) of the depth of the Setback,
except as may be further allowed by Chapter 54 of the City Code. Above the first Story,
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cantilevered balconies, bay windows, and roofs may encroach up to three (3) feet of the
depth of the Setback. Other cantilevered portions of the Building shall maintain the
required Setback. At the Second Layer Above the eighth Story, no Encroachments are
permitted, except that Facade components promoting energy efficiency such as shading
and Screening devices that are non -accessible may encroach a maximum of three (3) feet.
5.6.5 Architectural Standards (T6)
c. Roof materials should be light-colored, high Albedo or a planted surface.- and shall comply
with Article 3, Section 3.13.2 of this Code.
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ARTICLE 6.
SUPPLEMENTAL REGULATIONS
*
TABLE 13 SUPPLEMENTAL REGULATIONS
D - DISTRICT
ENTERTAINMENT ESTABLISHMENT, ADULT; ADULT ENTERTAINMENT, IN GENERAL; OR ADULT
ENTERTAINMENT SERVICES ESTABLISHMENT "ADULT ENTERTAINMENT"
D2- INDUSTRIAL
cffcctc on the Ncighborhood. Such dcictcrious effects may include, but are not limited to,
which they are located, production of a skid row type of atmosphere, increased crime and health
suggestive atmosphere on public ways used by minors.
Additional Regulations:
A minimum distance of 1,000 feet 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.
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The distance shall be measured from the front door of the proposed Adult Entertainment
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 Entertainment Establishments may not resume the use until all
requirements of this Code and the City Code are met.
No Variances shall be permitted.
[See Exhibit G]
D3 - WATERFRONT INDUSTRIAL
cffccts on the Ncighborhood. Such deleterious effects may include, but are not limited to,
which they are located, production of a skid row type of atmosphere, increased crime and health
suggestive atmosphere on public ways used by minors.
Additional Regulations:
A minimum distance of 1,000 feet 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 Entertainment
Establishment to the closest property line of the protected use.
of Florida showing compliance with all minimum distance
requirements.
requirements of this Code and the City Code are met.
No Variances shall be permitted.
[See Exhibit G]
ARTICLE 7.
PROCEDURES AND NONCONFORMITIES
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7.1 PROCEDURES
7.1.2 Permits
7.1.2.4 Warrant
Waiver
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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; . An appeal shall be filed with the Hearing
Boards Office within fifteen (15) calendar days of the posting of decision by the
Planning Director on the City's website. T, he appea;�"�"pried with +he Hearing
Boards Office. The Board shall determine whether the Warrant is upheld or rescinded.
The ruling of the Planning, Zoning and Appeals Board may be further appealed to the
City Commission, de novo and must be filed with the Office of Hearing Boards within
fifteen (15) calendar days of the Board's issuance of its ruling.
The filing of the appeal shall state the specific reasons for such appeal, together with
payment of any required fee. The appeal may be filed only by the applicant or any
person who is aggrieved by the action of the Planning, Zoning and Appeals Board.
*
e. Appeal to the Planning, Zoning and Appeals Board.
Appeal of the determination of the Zoning Administrator shall be de novo and taken to
the Planning, Zoning and Appeals Board;. An appeal shall be filed with the Hearing
Boards Office within fifteen (15) calendar days of the posting of the Zoning
Administrator's decision on the City's website. The appeal-sh-allbe filed wit►, the
Hearing Boards Office.
7.1.2.6 Exception
b. Review by Planning Director and Coordinated Review Committee.
*
As appropriate to the nature of the Exception involved and the particular circumstances of the case,
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the following criteria shall apply to an application for an Exception. In addition, tThe application shall
be reviewed for compliance with the regulations of this Code and a traffic study shall be provided as
required by the Planning Director. The review shall consider the manner in which the proposed Use
will operate given its specific location and proximity to less intense Uses.- and shall The review shall
also apply Article 4, Table 12 Design Review Criteria, as applicable.
7.1.3 Application and Review Process
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7.1.3.4 Plan Approval Required for Warrants, Waivers, Exceptions and Variances
* * *
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 such as traffic studies and other documents relative to the application, as
deemed necessary by the Planning Director or Zoning Administrator, as applicable.
7.1.4.5 Hearing Procedures
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a. The hearing shall, to the extent possible, be conducted as follows:
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2. The members of the Decision -making body shall disclose any ex parte communications regarding
the application. Such disclosure by the commissioner shall remove the presumption of prejudice from
ex parte communications pursuant to Fla. Stat. 286.0115.
7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; AND SITE IMPROVEMENTS
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7.2.2 Structures and Uses in the Event of Disaster
a. Single -Family Residences, Duplexes and Multi -family Structures
In the event of a natural disaster, explosion, fire, act of God, or the public enemy, the
Zoning Administrator may permit the reconstruction of any nonconforming Single -Family
Residence, duplex or multi -family structures to the same or decreased nonconformity as
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existed immediately prior to the disaster, upon proof satisfactory to the Zoning
Administrator of the configuration of the prior Single -Family Residence, duplex or
multi -family structures, and only in compliance with the Florida Building Code. An
application for reconstruction of the Single -Family Residence,_duplex or multi -family
structures shall be filed within twelve (12) months of the event of its destruction, unless the
City Commission authorizes the Zoning Administrator to extend the twelve (12) month time
period city-wide.
ARTICLE 8.
THOROUGHFARES
8.1 GENERAL DESCRIPTION
In Zones T3 and T4, D1, D2 and D3, 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.
ARTICLE 9.
LANDSCAPE REQUIREMENTS
9.5 Minimum Standards
9.5.5 Minimum Number of Trees
c. Tree trust fund. If the minimum number of trees required cannot be reasonably planted on the
subject property, but as an alternative to the off -site tree planting option provided in subsection
9.5.5.2 9.5.5.b, the applicant shall contribute into the city's tree trust fund the sum of one thousand
dollars ($1000.00) for each two (2) inch caliper tree required in accordance with Table A of section
9.5.5. A city resident with current proof of residency and homestead status shall contribute five
hundred ($500.00) for each two (2) inch caliper tree required in accordance with Table A of section
9.5.5.
APPENDIX A NEIGHBORHOOD CONSERVATION DISTRICTS
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A.2. VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)
2.4 Residential
All T3, Single -Family Residential zoning regulations shall apply within the Village West Island
District and Charles Avenue, hereafter referred to as NCD-2, except as modified below. If any
such requirements conflict, NCD 2 the more restrictive requirements shall apply.
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A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT NCD-3
3.6 Single -Family Residential District
The single family residential district is intended to protect the low density residential and
dominant tree canopy characteristics of Coconut Grove and prevent the intrusion of additional
density, uses, and height.
All T3, Single -Family Residential zoning regulations shall apply within the Coconut Grove NCD-3
Single -Family Residential District, hereafter referred to as NCD-3, except as modified below. If any
such requirements conflict, NCD 3 the more restrictive requirements shall apply.
APPENDIX B WATERFRONT DESIGN GUIDELINES
Bulkheads or Seawalls
1. Bulkheads and Seawalls constructed on properties north of the Rickenbacker Causeway and
along the Miami River or Biscayne Bay shall be constructed s;� five (5) feet above National
Geodetic Vertical Datum ("NGVD"). Bulkheads and seawalls constructed on properties south of the
Rickenbacker Causeway and on Biscayne Bay shall be constructed ccvcn (7) six (6) feet above
National Geodetic Vertical Datum {NGVD). All other bulkheads located in the City of Miami shall meet
the minimum Miami -Dade County Standards.
2. Bulkheads or Seawalls shall be constructed eighteen (18) to twenty-four (24) inches in
width at the top and meet all City of Miami departments' requirements. The top of the bulkhead or
seawall shall be at a constant elevation for the length of the bay / river walk.
3. Deviations to the bulkhead requirements may be granted by the Director of Public Works
to construct bulkheads or seawalls at a height above other than the standard NGVD set by the
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City due to a justifiable request. Any deviations from the City standard bulkhead elevation where
a waterfront walkway is being proposed would require the property owner to construct, on the
applicant's property, a connecting transition at a consistent A.D.A. compliant width and grade to
the waterfront walkway on adjacent properties. All requests for a deviation to the mandated
bulkhead elevation shall be made in writing to the Director of Public Works and shall include all
appropriate architectural and engineering or other documentation needed to make a
determination.
APPENDIX C MIDTOWN OVERLAY DISTRICT
SD-27 MIDTOWN MIAMI SPECIAL DISTRICT
Mixed Use: The SD-27 District promotes multiple uses within the same lot and on adjoining lots by
permitting multiple principal uses within the underlying district. A mixed use building or parcel exists
when there is more than one use and must include a combination of residential, retail, office, and/or
live -work use. Specifically excluded from the definition of Mixed Use is a building of only residential
and/or live work uses. When the majority of building areas dedicated to uses other than residential
residential and/or live work uses in order to be classified as a mixed use building. The accessory or
secondary use of a Mixed Use building shall be a minimum of then (10) percent of the total floor area
of the building. For the purposes of calculating mixed uses, live -work uses shall be allowed to count
towards residential or commercial uses, but shall not be allowed to count towards more than one use.
*1I
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. 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. This Ordinance shall become effective upon its adoption and signature of the Mayor.
{2}
Footnotes:
City of Miami Page 16 of 17 File Id: 10-009567t (Version: 5) Printed On: 8/14/2017
File Number: 10-00956zt Enactment Number: 13235
{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 Page 17 of 17 File Id: 10-009567t (Version: 5) Printed On: 8/14/2017