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PZAB Resolution
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Miami, FL 33133
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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 3. GENERAL TO ZONES, 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
BY MODIFYING SECTION 3.6.1 OFF-STREET PARKING STANDARDS, BY
EXCLUDING PARKING TRUST FUND FROM PARKING REDUCTIONS OR
EXEMPTIONS FOR ADAPTIVE REUSE;
BY MODIFYING SECTION 3.6.3 ADDITIONAL OFF-STREET PARKING
REGULATIONS, TO ESTABLISH CONDITIONS AND REQUIREMENTS FOR
PLEASURE WATER CRAFTS IN T3 AND T4 ZONES;
BY AMENDING SECTION 3.6.6 PARKING MANAGEMENT PLAN, TO INCLUDE
PROVISIONS FOR PAYMENT IN LIEU OF REQUIRED OFF-STREET PARKING
AND MODIFYING PARKING REQUIREMENTS FOR AREAS UNDER A PARKING
MANAGEMENT PLAN;
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;
BY AMENDING TABLE 5. BUILDING FUNCTION: PARKING AND LOADING,
ADDING CONDITIONS FOR LOADING BERTH SUBSTITUTION;
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;
BY AMENDING SECTION 6.1 INTENT AND EXCLUSIONS, CLARIFYING HOW TO
MEASURE DISTANCE SEPARATION REQUIREMENTS;
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;
BY MODIFYING SECTION 7.1.2.5 WAIVER, INCORPORATING SAID
REQUIREMENTS FOR ACCESSORY STRUCTURES, MECHANICAL
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EQUIPMENT, AND LOADING BERTH SUBSTITUTION INTO THE WAIVERS LIST;
BY MODIFYING SECTION 7.2.8 NONCONFORMING SITE IMPROVEMENTS,
EXCLUDING PARKING MANAGEMENT PLAN AREAS FROM PARKING
EXEMPTIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will establish equivalent regulations and requirements from former
Zoning Ordinance No. 11000 and place them in the Miami 21 Code, more
specifically to 1. Establish conditions and requirements for pleasure water crafts,
sheds, permanent pools and whirlpools, tennis courts, and similar facilities
accessory to principal use, air conditioning equipment, and other similar noise
producing equipment in T3 and T4 zones, and incorporating said facilities and/or
equipment to the Waiver list; 2. Add conditions for loading berth substitution; 3.
Establish conditions to meet the State of Florida requirements for Childcare Facilities
in T4, T5, T6, C, and D1 zones; 4. Include provisions for payment in lieu of required
off-street parking and modifying parking requirements for areas under a parking
management plan; 5. Modify requirements for public and commercial storage
facilities in T5, T6, and District Zones; 6. Add distance separation requirements for
Assisted Living facilities in the Civic institution (CI) Zone; and 7. Clarify how to
measure distance separation requirements for uses and structures.
WHEREAS, the Miami Planning Zoning and Appeals (PZAB) considered this item at its
September 1st, 2010 meeting, Item No. PZAB._, adopting Resolution No. PZAB by a vote of
_ to _ (_- _), and has recommended the adoption of this item to the City of Miami City
Commission; and
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"),
Ord. 13114; 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, the Zoning Ordinance as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
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.
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Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby
amended by making modifications to Article 3, Article 4, Article 5, Article 6, and Article 7 in the
following particulars {1}:
II*
ARTICLE 3. GENERAL TO ZONES
*
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.
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.
3.6.3 Additional Off-street Parking Standards
J•
*
Specific areas may be set aside for Tandem Parking. Tandem Parking in all Transect
Zones, except T3 and T4, shall be used only by a valet parking operator.
k. Parking facilities on adjoining Lots may share access points, driveways and parking subject
to a recorded covenant running with the property on which the facilities are located, by
process of Waiver.
I. Parking of pleasure water crafts shall be permitted in T3 and T4 Zones and shall be located
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within the Second or Third Layer. If the height of the water craft exceeds six (6) feet,
exclusive of masts, antennas, vent stacks, windshields or other minor accessories, the water
craft shall be setback a minimum of five (5) feet from any property line. This shall not be
construed as to prevent the docking of boats or parking of boats along the waterfront.
3.6.6 Parking Management Plan
a. For areas under a Parking Management Plan, as set forth in Chapter 35 of the City Code,
required off-street parking shall be as set forth in Article 4, Table 4, or as modified in this
section. Required off-street parking shall be provided on -site, off -site or by payment in lieu
of required off-street parking as described below. Such payment and process is consistent
with those established in Chapter 35 of the City Code.
parking management plan agreement with the City of Miami Parking Authority shall be as
cot forth in Chaptcr 35 of the City Code. Within areas under a parking management plan,
outdoor areas, including the public right-of-way, which are regularly used for display and
sales, or as dining areas, shall be calculated as part of the establishment's total Floor Area
and shall comply with off -Street parking requirements.
b. Payment in lieu of required off-street parking:
1. Upon application to the Planning Director, the owner of a property may request payment
in lieu of any or all of the required non-residential off-street parking spaces by
substituting the payment of a fee per space in lieu of providing the required parking
spaces.
2. If the application is approved, the property owner shall pay the required fee per space
to the Department of Off -Street Parking for deposit in a special fund, depending on the
area for which the parking is located.
3. Payment may be made either as a flat lifetime fee or annually as a rental fee. Fees for
the payment in lieu of required off-street parking shall be as established by chapter 35
of the City Code.
4. Fee payment shall be made in advance to the Parking Improvement Trust Fund as
specified in the letter granting the payment in lieu, and as a condition precedent to the
issuance of a parking payment certificate, and of a Certificate of Use. Failure to make
any required payment shall cause the parking payment certificate and the Certificate of
Use to be revoked.
5. Evidence of the payment in lieu of required off-street parking shall be in the form of a
parking payment certificate, recorded in the Public Records of Dade County at the
property owner's expense issued in the name of the owner of the property for which the
certificate is granted. The date on the certificate shall be the effective date the payment
in lieu was granted. The certificate shall carry a statement allowing the certificate to be
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transferred by the Planning Director to a new owner within ninety (90) days of a written
request to the Planning Director. Said transfer shall be granted, provided that all fees
are current and other requirements have been satisfied. A Certificate of Use shall not
be issued for the Use of any property for which the parking requirements have not been
satisfied as provided for in this article.
6. The payment in lieu of required off-street parking shall be applicable only to the
structure and Use for which it is issued. New development or additions, or any
construction generating additional square footage or Floor Area, shall be required to
comply with the parking requirements for said additions or obtain parking payment
certificates. Parking Payment Certificates may be modified to include new square
footage.
7. Parking payment certificates issued under the provisions of this section shall be
revoked if any required fees remained unpaid for more than ninety (90) days after the
date due. Said revocation of the parking payment certificate and consequently the
Certificate of Use shall be effective immediately upon receipt of notification by the
Director of the Building and Zoning Department and the Director of the Planning
Department. The property owner shall be notified to this effect fifteen (15) days prior to
revocation. If the structure for which it was issued is subsequently demolished whether
by governmental action or voluntarily by the owner; any replacement structure will be
eligible for a new parking payment certificate, pursuant to the provisions of this section.
c. Coconut Grove Central Commercial District
Required off-street parking for properties located within the Coconut Grove Central
Commercial District, as defined in Chapter 35 of the City Code, shall be modified according
to the requirement below:
Commercial: 1 space per 300 square feet
Food Service Establishment: 1 space per 100 square feet
d. Central Design District
Required off-street parking for properties located within the Central Design District, as
defined in Chapter 35 of the City Code, shall be modified according to the requirements
below. Required off-street parking in the Design District shall be determined based on total
Floor Area:
Food Service Establishment: 1 space per 200 sq. ft.
Retail sales of design trade merchandise (i.e. furniture, art): 1 space per 600 square feet
for the first 2,000 sq. ft. and 1 space per 800 sq. ft. thereafter
Office: 2 spaces per 1,000 sq. ft.
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Photographic or production studios (film, video or sound): 1 space per 500 sq. ft.
Wholesale trade (as a component to a retail establishment): 1 space per 500 sq. ft.
Art gallery or museum: 3 spaces for the first 2,000 sq. ft. and 1 space per 2,000 sq. ft.
thereafter.
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]
D-DISTRICT
D1 - WORK PLACE, D2 - INDUSTRIAL, AND D3 - WATERFRONT INDUSTRIAL
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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
*** 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]
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*
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, such as air conditioning units, pumps, exhaust fans or other similar
noise producing equipment may be allowed as Encroachments by Waiver.
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
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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 site of the existing facility, Use, or Structure to the nearest point of the site 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
* * *
T4, T5, T6, Civic Space (CS), Civic Institution (CI), Civic Institution - Health District (CI -HD) and
D1:
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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
Minimum distance requirement of 2,500 feet between proposed facility and another existing facility
within any T5 or T6 Zone. [See Exhibit E]
T6 - URBAN CORE ZONE
OPEN
PUBLIC STORAGE FACILITY
Hours of operation shall be limited to 6:00 am to 10:00 pm and may be permitted by Warrant.
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]
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*
7.1.2.5 Waiver
ARTICLE 7. PROCEDURES AND NONCONFORMITIES
*
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.q
and 5.1.2.q).
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).
*
7.2.8 Nonconforming Site Improvements
Where nonconforming site improvements exist, such as Off-street Parking and loading,
access, fences, walls, lighting, landscaping, or similar site improvements, such nonconformities
may continue and the site may be altered only as provided below.
a. No change shall be made in any nonconforming site improvement which increases the
nonconformity. Changes may be approved by Waiver, if the changes result in the same or
a reduced degree of nonconformity
b. Where existing Off-street Parking facilities are nonconforming to the requirements of this
Code or any other city standards, the restoration or rehabilitation of an existing Building or
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adaptive Use to any permitted Use in the Transect Zone, except for areas under a Parking
Management Plan, or a future Parking Management Plan,. shall not require the provision of
additional parking or on -site storm water retention or detentionLexcept to the extent
required by applicable state or federal law. However, nothing herein shall prohibit the City
from establishing Parking Management Plans in areas throughout the City that require
more off street parking facilities as a whole. No modifications may be permitted which
increase the degree of the existing nonconformity. Modifications to the facilities may be
approved by Waiver, and the Waiver may be conditioned on safeguards that reduce the
degree of nonconformity to the extent reasonably feasible in the circumstances of the case.
*1!
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 a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. 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 6. This Ordinance shall become effective upon adoption. {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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