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Ordinance: 13238
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00963zt Final Action Date: 12/16/2010
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 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
Zoning Ordinance of the City of Miami, Florida, as amended, the Miami 21 Code ("Code"); and
City of Miami
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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 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 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]
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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.
** 1 Commercial berth may be substituted by 2 Residential berths
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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. Setbacks for such structures may be reduced by Waiver.
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, such as air conditioning units, pumps, exhaust fans or other similar
noise producing equipment may be allowed as Encroachments by Waiver.
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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.
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ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS
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 process.
[See Exhibit E]
T6 - URBAN CORE ZONE
OPEN
PUBLIC STORAGE FACILITY
City of Miami
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Allowed by Warrant and Ssubject 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.
[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.
9. Reduction of setbacks for one-story, non -habitable accessory structures in T3.
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
City of Miami
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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
other similar noise producing equipment for existing Buildings (Article 5, Sections 5.3.2.d and
5.4.2.d).
*11
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:
{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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