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Home My WebLink AboutCC Legislation (Version 4)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-00963zt Final Action Date: 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 AMENDING ARTICLE 4. "STANDARDS AND TABLES", ARTICLE 5. "SPECIFIC TO ZONES", ARTICLE 6. "SUPPLEMENTAL REGULATIONS", AND ARTICLE 7. "PROCEDURES AND.NONCONFORMITIES", TO ESTABLISH EQUIVALENT REGULATIONS AND REQUIREMENTS FROM FORMER ZONING ORDINANCE 11000, AND PLACE THEM IN THE MIAMI 21 CODE; MORE SPECIFICALLY: 1) BY MODIFYING TABLE 4 DENSITY, INTENSITY AND PARKING, ESTABLISHING ADDITIONAL PARKING REGULATIONS FOR CHILDCARE IN T4, T5, T6, CIVIC INSTITUTION, CIVIC SPACE, AND D1 ZONES AND MODIFYING REQUIREMENTS FOR PUBLIC AND COMMERCIAL STORAGE FACILITIES IN T5, T6, AND DISTRICT(D) ZONES; 2) BY AMENDING TABLE 5. BUILDING FUNCTION: PARKING AND LOADING, ADDING CONDITIONS FOR LOADING BERTH SUBSTITUTION; 3) BY AMENDING SECTION 5.3.1 BUILDING DISPOSITION (T3), SECTION 5.3.2 BUILDING CONFIGURATION (T3), SECTION 5.4.1 BUILDING DISPOSITION (T4) AND SECTION 5.4.2 BUILDING CONFIGURATION (T4), ESTABLISHING CONDITIONS AND REQUIREMENTS FOR ACCESSORY STRUCTURES, PERMANENT POOLS AND WHIRLPOOLS, TENNIS COURTS, AND SIMILAR FACILITIES, MECHANICAL EQUIPMENT, AND OTHER SIMILAR EQUIPMENT IN T3 AND T4 ZONES; 4) BY AMENDING SECTION 6.1 INTENT AND EXCLUSIONS, CLARIFYING HOW TO MEASURE DISTANCE SEPARATION REQUIREMENTS; 5) BY MODIFYING TABLE 13 SUPPLEMENTAL REGULATIONS, TO ESTABLISH CONDITIONS TO MEET THE STATE OF FLORIDA REQUIREMENTS FOR CHILDCARE FACILITIES IN T4, T5, T6, CIVIC, AND D1 ZONES; AND MODIFYING REQUIREMENTS FOR PUBLIC AND COMMERCIAL STORAGE FACILITIES TO REQUIRE A WARRANT AND DISTANCE SEPARATION REQUIREMENTS FOR T5 AND T6 ZONES; AND BY ADDING DISTANCE SEPARATION REQUIREMENTS FOR ASSISTED LIVING FACILITIES IN THE CIVIC INSTITUTION ZONE; AND ° 6) BY MODIFYING SECTION 7.1.2.5 WAIVER, INCORPORATING SAID REQUIREMENTS FOR ACCESSORY STRUCTURES, MECHANICAL EQUIPMENT, AND LOADING BERTH SUBSTITUTION INTO THE WAIVERS LIST; 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-10-024 by a vote of six to one (6-1), item no. 3, recommending APPROVAL with modifications to the City Commission; and WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the City of Miami Page 1 of 8 File Id: 10-00963zt (Version: 4) Printed On: 10/21/2010 File Number: 10-00963zt Zoning Ordinance of the City of Miami, Florida, as amended, the Miami 21 Code ("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 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, as hereinnfter 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 Miami 21 Code, is hereby amended by making modifications to Article 4, Article 5, Article 6, and Article 7 in the following particulars {1}: "ARTICLE 4. STANDARDS AND TABLES * ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING * T4, T5, T6, CS, CI, and D1 Where Childcare Facilities are allowed, one (1) space for the owner/operator, one (1) space for each employee, and one (1) drop-off space for every ten !10) clients cared for shall be provided. [See Exhibit A] * T5 and T6 * * * OPEN * COMMERCIAL Minimum of three (3) parking spaces for every 1,000 square feet of commercial use, except for Public Storage Facilities, minimum one (1) parking space for every 2,000 square feet for the first 20,000 square feet, and one (1) parking space per 10,000 square feet thereafter. [See Exhibit B] City of Miami Page 2 of 8 File Id: 10-00963z1 (Version: 4) Printed On: 10/21/2010 File Number: 10-00963zt D-DISTRICT * D1 - WORK PLACE, D2 - INDUSTRIAL, AND D3 - WATERFRONT INDUSTRIAL COMMERCIAL Minimum of 3 parking spaces for every 1,000 sf of commercial space-, except for Public Storage Facilities, minimum one (1) parking space for every 2,000 square feet for the first 20,000 sq. feet, and one (1) parking space per 10,000 sq. feet thereafter. [See Exhibit B] * INDUSTRIAL Minimum of 1 parking space for every 1,000 sf of Industrial Use,, except for Commercial Storage Facilities, minimum one (1) parking space for every 2,000 square feet for the first 20,000 sq. feet, and one (1) parking space per 10,000 sq. feet thereafter. [See Exhibit B] * * * ARTICLE 4. TABLE 5 BUILDING FUNCTION: PARKING AND LOADING * LOADING BERTH STANDARDS NOTES Berth Types Residential*: 240 sf = 10 ft x 20 ft x 12 ft Commercial**: 420 sf = 12 ft x 35 ft x 15 ft Industrial***: 660 sf= 12 ft x 55 ft x 15 ft * Residential loading berths shall be set back a distance equal to their length. City of Miami Page 3 of 8 File Id: 10-00963zt (Version: 4) Printed On: 10/21/2010 File Number: 10-00963zt ** 1 Commercial berth may be substituted by 2 Residential berths *** 1 Industrial berth may be substituted by 2 Commercial berths. A required Industrial or Commercial loading berth may be substituted by a Commercial or Residential loading berth, by Waiver, if the size, character, and operation of the Use is found to not require the dimensions specified and the required loading berth dimensions could not otherwise be provided according the regulations of this code. [See Exhibit C] ARTICLE 5. SPECIFIC TO ZONES * 5.3 SUB -URBAN TRANSECT ZONES (T3) * * * 5.3.1 Building Disposition (T3) * * * g. Setbacks for Outbuildings, pools, tennis courts or other similar recreational facilities shall be as shown for Outbuildings in Illustration 5.3. h. Accessory Structures shall follow the setbacks for Principal Buildings as shown in Illustration 5.3. One (1) Story, non -habitable Accessory Structures, of a maximum of two hundred (200) square feet or ten (10%) of the Floor Area of the Principal Building, whichever is greater, shall be located in the Second or Third layer of the property and shall be setback a minimum of five (5) feet from any side Property Line and ten (10) feet from any rear Property Line. * 5.3.2 Building Configuration (T3) * d. All outdoor storage, electrical, plumbing, mechanical, and communications equipment and appurtenant enclosures, shall be located within the Second or Third Layer and concealed from view from any Frontage. These shall not be allowed as Encroachments on any required setback, except for Buildings existing as of the effective date of this Code, where mechanical equipment, sun as air conditioning units, pumps, exhaust fans or other similar noise producing equipment may be allowed as Encroachments by Waiver. City of Miami Page 4 of 8 File Id: 10-00963zt (Version: 4) Printed On: 10/21/2010 File Number: 10-00963zt 5.4.1 Building Disposition (T4) g. Setbacks for Outbuildings, pools, tennis courts or other similar recreational facilities shall be as shown for Outbuildings in Illustration 5.4. h. Accessory Structures shall follow the setbacks for Principal Buildings as shown in Illustration 5.4. One (1) Story, non -habitable Accessory Structures, of a maximum of two hundred (200) square feet or ten (10%) of the Floor Area of the Principal Building, whichever is greater, shall be located in the Second or Third layer of the property and shall be setback a minimum of five (5) feet from any side Property Line and ten (10) feet from any rear Property Line. * 5.4.2 Building Configuration (T4) * * d. All outdoor storage, electrical, plumbing, mechanical, and communications equipment and appurtenant enclosures, shall be within the Second or Third Layer and concealed from view from any Frontage or sidewalk by liner buildings, walls, Streetscreens, or opaque gates. These shall not be allowed as Encroachments on any required setback-, except for Buildings existing as of the effective date of this Code, where mechanical equipment, such as air conditioning units, pumps, exhaust fans or other similar noise producing equipment may be allowed as Encroachments in the setback by Waiver. * ARTICLE 6. SUPPLEMENTAL REGULATIONS * * * 6.1 INTENT AND EXCLUSIONS The regulations of Article 6, Table 13 are arranged by Transect Zone and in the same order in which they appear in Article 4, Table 3. These regulations may be further supplemented by Article 6, Sections 6.2 to 6.5. When calculating distance separation requirements, measurement shall be made from the nearest point of the Lot of the existing facility, Use, or Structure to the nearest point of the Lot of the proposed facility, Use, or Structure. A blank cell in Table 13 signifies that the Use is prohibited. * ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS City of Miami Page 5 of 8 File Id: 10-00963zt (Version: 4) Printed On: 10/21/2010 File Number: 10-00963zt T4, T5, T6, Civic Space (CS), Civic Institution (CI), Civic Institution - Health District (CI -HD) and D1: Childcare Facilities shall provide a minimum of 35 square feet of usable indoor floor space per child on license, and a minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. [See Exhibit D] T5 - URBAN CENTER ZONE OPEN PUBLIC STORAGE FACILITY * * * Allowed by Warrant and subject to the following additional requirements: Minimum distance requirement of 2,500 feet between proposed facility and another existing facility within any T5 or T6 Zone. Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. and shall be reviewed as part of the Warrant procc--s. [See Exhibit E] T6 - URBAN CORE ZONE OPEN PUBLIC STORAGE FACILITY * * * Allowed by Warrant and gsubject to the following additional requirements: City of Miami Page 6 of 8 File Id: 10-00963zt (Version: 4) Printed On: 10/21/2010 File Number: 10-00963zt Minimum distance requirement of 2,500 feet between proposed facility and another existing facility within any T5 or T6 Zone. [See Exhibit E] C - CIVIC CI - CIVIC INSTITUTION COMMUNITY SUPPORT FACILITY A proposed Assisted Living Facility shall not be located within a radius of two thousand five hundred (2,500) feet of an existing Assisted Living Facility. [See Exhibit E] ARTICLE 7. PROCEDURES AND NONCONFORMITIES * 7.1.2.5 Waiver The Waiver permits specified minor deviations from the Miami 21 Code, as provided in the various articles of this Code and as consistent with the guiding principles of this Code. Waivers are intended to relieve practical difficulties in complying with the strict requirements of this Code. Waivers are not intended to relieve specific cases of financial hardship, nor to allow circumventing of the intent of this Code. A Waiver may not be granted if it conflicts with the City Code or the Florida Building Code. a. Specific Waivers are described in the various articles of this Code, and are referenced here only for convenience. The specific parameters of each Waiver are further described in the articles in which each Waiver appears in this Code. * 10. Substitution of loading berths (Article 4. Table 5) =10.11. Extensions above maximum Heights for church spires, steeples, belfries, monuments, water towers, flagpoles, vents, ornamental Building features, decorative elements, or similar Structures. (Article 3, Section 3.5.3, Article 5, Sections 5.3.2.f; 5.4.2.g; 5.5.2.h;5.6.2.h; 5.9.2.g and 5.1.2.g). 12. Encroachment of mechanical equipment, such as air conditioning units, pumps, exhaust fans or City of Miami Page 7 of 8 File Id: 10-00963zt (Version: 4) Printed On: 10/21/2010 File Number: 10-00963zt other similar noise producing equipment for existing Buildings (Article 5, Sections 5.3.2.d and 5.4.2.d). * *n 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} APPROVED AS TO FORM AND CORRECTNESS- JULIE O 0, 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 Page 8 of 8 File Id: 10-00963zt (Version: 4) Printed On: 10/21/2010