HomeMy WebLinkAboutWaiver Reform Legislation - Executive Summary (versions presented to PZAB at 5.17.23 and 6.14.23)Waivers Reform
Executive Summary
Prepared by: City of Miami, Planning Department and Office of Zoning
1. Amendments Summary:
• Existing Waivers in Miami 21 Code: 33
• Existing Waivers added to Section 7 summary list: 4
• Waivers removed and replaced by Right process: 8
• Waivers removed and replaced by Warrant process: 2
• Amended to clarify or update: 11
• Remain Unamended: 11
• New Waivers: 1
2. Amendments Organization:
• Legislation 1 - Miscellaneous Waivers - File ID 13938
• Legislation 2 - T3 Transect Zone related Waivers - File ID 13936
• Legislation 3 - Parking related Waivers - File ID 13937
• Legislation 4 - Demolition in NCD Waiver - File ID 13940
• Legislation 5 - Ten Percent Waiver - File ID 13939
3. New Definitions: Article 1, Section 1.2 Definition of Terms
• Amendment:
Text revised to include New Definitions for Height (Structure and Building), Vehicular
Entry, and Pedestrian Entrance, and clarified definition of Liner.
Outcome:
Provide clearer meaning for terms referenced in the proposed amendments.
Page: 1
Legislation #: Split dependent on topic
• Waiver #1 Parking Reductions for Elderly Housing or for Adaptive Reuses in
Community Redevelopment Areas (Article 3, Section 3.6.1 and 3.6.7).
Amendment:
Remove Waiver applicability for Elderly Housing parking reductions
Revised text to clarify parking as per Article 7 for Adaptive Reuse
Outcome:
Improve processing for Elderly Housing parking reductions
Parking requirements for Adaptive Reuse clarified
Legislation: 3
Version: June 6, 2023 1 of 8
• Waiver #2 Setbacks for Irregular Lots (Article 3, Section 3.3.3.c)
Amendment:
Waiver remains
Text revised to update and clarified the process through which side and rear setback for
irregular lots are established. Excluding front & waterfront.
Outcome:
Clearer, transparent process
Legislation: 1
• Waiver #3 Setbacks for the property to be developed to Match the Dominant Setback in
the Block and its Context. (Article 3, Section 3.3.5; Article 5, Sections 5.3.1.e, 5.4.1.e,
5.5.1.g, 5.6.1.g, 5.8.1.g, 5.9.1.e and 5.10.1.e).
• Amendment:
Waiver remains
Clarifying which Zones dominant setback Waiver provision may be allowed
Restricting dominant setback provision to buildings of different heights based upon width
adjacent sidewalk
Clarifying how the dominant setback may be identified using corresponding physical
elements present
Outcome:
Improved streetscape by clarifying how dominant setbacks may be identified
Legislation: 1
• Waiver #4 Shared Access for Adjoining Lots (Article 3, Section 3.6.3.k).
Amendment:
Remove Waiver
Revised text to remove waiver and allow shared access by Right while maintaining the
required Covenant.
Outcome:
Streamlined review process for adjoining Lots that share access, driveways, and parking.
Legislation: 1
• Waiver #5 Barbed Wire Fences in D1, D2 and D3 (Article 3, Section 3.7.2).
Amendment:
No change proposed
• Waiver #6 Review of Development within Neighborhood Conservation Districts for
compliance with NCD regulations (Appendix A).
Amendment:
Remove Waiver
Revise text to require demolition Waivers to be reviewed by Environmental Resources
Department and Historic Preservation Office
Outcome:
Streamlined process and allow review by appropriate departments
Legislation: 4
Version: June 6, 2023 2 of 8
• Waiver #7 The Relaxation of Setbacks or Required Off-street Parking for preservation
of natural features of land (Article 3, Section 3.13.1.d).
Amendment:
Waiver remains
Text revised to more clearly define which existing site elements may be considered when
applying Waiver and clarified which code standards may be modified
Outcome:
Context of site given greater consideration and ensured review by appropriate
departments
Legislation: 1
• Waiver #8 Decrease of Required Parking by thirty percent (30%) within the half -mile
radius of a TOD (Article 4, Table 4).
Amendment:
No change proposed. Previously modified per Ordinance 14065.
Clarified title to reflect past amendments
• Waiver #9 Reduction of Setbacks for One -Story, Non -Habitable Accessory
Structures in T3. (Article 5, Section 5.3.1.h)
Amendment:1
Remove Waiver
Text revised to ensure that required setbacks for accessory Structures shall follow
existing setback requirements for outbuildings in a T3 Transect Zone.
Outcome:
Ensure adequate spacing between buildings to preserve the character of neighborhoods
and prevent overdominance of buildings on adjacent lots
Legislation: 2
• Waiver #10 Substitution of Loading Berths (Article 4, Table 5).
Amendment:
Proposed amendment removes Waiver and allows existing loading berth substitutions by
right. Updated text also introduces new loading berth substitutions for projects greater
500,000 sq ft. by process of Warrant. The revised text reduces the required Drive Aisle
widths and clarifies that no further adjustments to the Drive Aisle or Loading dimensional
standards are allowed. In addition, the updated text removes unnecessary loading berth
setbacks as this is regulated elsewhere in the Code.
Outcome:
Allowing certain loading berth substitutions by Right ensures a streamlined process for
non-impactful situations.
Ensures flexibility in loading requirements and size of berths in appropriate locations and
when satisfactory loading management can be demonstrated.
Certainty around required minimum drive aisle widths and loading dimensions
Legislation: 3
• Waiver #11 Required parking within one thousand (1,000) feet of the site that it serves
(Article 4, Table 4)
Amendment:
Remove Waiver
Text revised to clarify requirement for a covenant between sending and receiving sites
and distance separation requirements from T3 are applicable to sending sites.
Version: June 6, 2023 3 of 8
Outcome:
Ensure adequate parking will be maintained off site by documenting approved
arrangement in a covenant running with both sending and receiving site.
Mitigate impact of parking on T3 neighborhoods.
Legislation: 3
• Waiver #12 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 5.10.2.g).
Amendment:
For T3 rooftop stairs and elevator enclosures eliminated height extension Waiver and
introduced criteria for By Right process. Added Waiver for T4 roof extensions.
Outcome
Simplified process and options reflective of current needs and requirements.
Recommend additional research and that the Waiver text to be further reviewed as a part
of a separate workstream examining regulations and provisions for rooftop elements
across the City and/or T3 generally.
Legislation: 1
• Waiver #13 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).
Amendment:
Text revised to allow mechanical equipment to follow the less restrictive outbuilding rear
and side setbacks within T3 and T4 Transect Zones. A Waiver may only be granted for
the encroachment of mechanical equipment for Buildings that legally existed prior to the
Miami 21 Code.
Outcome:
Mitigate any ambient impacts on neighboring properties by locating such mechanical
equipment in the most appropriate locations.
Legislation: 1
• Waiver #14 Service and Parking access from Principal Frontage (Article 5, Sections
5.4.2.e, 5.5.2.e and 5.6.2.f).
Amendment:
Waiver removed. Text revised to clarify location of loading and service entries. Vehicular
entries may be permitted on Principal Frontages when a Lot only has Principal Frontages.
Outcome:
Streamlined review process and clarity of Code requirements.
Legislation: 3
• Waiver #15 Pedestrian and vehicular entry spacing. (Article 5,
Section 5.5.1.f, 5.5.4.e, 5.6.1.f and 5.6.4.g).
Amendment:
Text revised to clarify that emergency exits do not fulfill frequency of pedestrian entrances.
Removing duplicate Vehicular Entry requirement.
Outcome:
Improved streetscape and activation of the public realm.
Legislation: 3
Version: June 6, 2023 4 of 8
• Waiver #16 Adjustments to Building spacing and to Setbacks above the eighth floor for
Lots having one dimension one hundred (100) feet or less (Article 5, Section 5.6.1.q
5.6.1.h).
Amendment:
Text revised to clarify that reduced setbacks can only be utilized on portions of the Lot
with a depth of width less than 100 feet.
Outcome:
Reduce deviations from setback standards and only permit in justifiable situations.
Legislation: 1
• Waiver #17 Adjustments to Building Disposition in Cl. (Article 5, Section 5.7.2.4.d).
Amendment:
Text revised to development standards that may be modified by Waiver to provide
increased flexibility for CI properties.
Outcome:
Better design outcome for Civic Development while still responding to the site and
neighborhood context.
Legislation: 1
• Waiver #18 Industrial Uses requiring additional Height in D2 and D3 (Article 5,
Section 5.9.2.f and 5.10.2.f).
Amendment:
Waiver replaced with Warrant process as Height increase is related to Industrial Uses and
should be evaluated depending on the context.
Article 3, Section 3.14 also revised to clarify bonus Height is in relation to D1 and not D2
and D3 Zones.
Legislation: 1
• Waiver #19 Primary and Secondary Frontage Parking placement (Article 5,
Sections 5.5.4.d, 5.5.4.e, 5.6.4.d and 5.6.4.e)
Amendment:
Text revised to clarify screening requirements depending on parking configuration and
Frontage. Existing one-story waiver option maintained but introduced a new by Right
garage screening option that requires habitable space on the first and second story.
Remove referral to UDRB unless Planning Director determines project would benefit from
further review.
Outcome:
Streamlined process that incentivizes higher quality design on the Principal Frontage.
Increased clarity for Secondary Frontage Code requirements. UDRB referral only when
parking screening treatment would benefit from further review.
Legislation: 3
• Waiver #20 Reduction of reservoir parking space (Article 6).
Amendment:
Waiver removed for parking reductions to ensure adequate reservoir parking is provided
on site.
Outcome:
Version: June 6, 2023 5 of 8
Car washes and drive -through uses will be required to provide adequate parking to
minimize impact of vehicular queuing within adjacent right-of-way.
Legislation: 3
• Waiver #21 Gas Station Building Frontage requirement (Article 6).
Amendment:
No change proposed.
• Waiver #22 Modifications in Setbacks up to fifty percent (50%) when Liner Uses are
provided along parking Structures in Major Sports Facility. (Article 6, Table 13).
Amendment:
No change proposed.
• Waiver #23 Replacement or reconstruction of a nonconforming Structure (other than
Single -Family, duplex or multi -family) destroyed by natural disaster, explosion, fire, act of
God, or the public enemy. (Article 7, Section 7.2.2.b).
Amendment:
No change proposed.
• Waiver #24 Alterations to nonconforming Single Family or duplex Structures to enlarge a
nonconformity affecting the exterior of the Building or premises. (Article 7, Section 7.2.3).
Amendment:
Text revised for clarity.
Outcome:
Clearer process
Legislation: 2
• Waiver #25 Development of Single Family or duplex Structures on certain nonconforming
Lots in T-3 zones. (Article 7, Section 7.2.7).
Amendment:
No change proposed.
• Waiver #26 Modification to nonconforming Off-street Parking facilities involving
restoration or rehabilitation of an existing Building or an adaptive Use. (Article 7, Section
7.2.8).
Amendment:
Text revised to provide clear thresholds for when a Waiver is required.
Outcome:
Incentivized existing nonconforming properties to come into greater conformance with
Miami 21 standards by streamlining the process for existing development.
Legislation: 3
• Waiver #27 Modification of the landscaping of nonconforming signs. (Article 7, Section
7.2.9.5).
Amendment:
Waiver removed. This section of the Code does not exist.
Legislation: 1
Version: June 6, 2023 6 of 8
• Waiver #28 Encroachment of stairs and ramps into the setback for existing buildings being
raised above the Base Flood Elevation plus Freeboard. (Article 5, Sections 5.3.2.b,
5.4.2.b, 5.5.2.b, and 5.6.2.c)
Amendment:
No change proposed.
• Waiver #29 Ten percent (10%) of any numerical standard
Amendment:
Text revised to clarify which standards can be adjusted by up to 10% and provide criteria
for approval of the Waiver.
Outcome:
Ensure greater compliance with Miami 21 to ensure 10% Waivers are granted in justifiable
circumstances. Additional criteria when projects depart from By Right provisions within
Miami 21 Code.
Legislation: 5
• Waiver # (new reference number in Miami 21 Code) Reductions in Parking and
Setback requirements for Affordable and Workforce Housing (Article 3, Section 3.15.4.d,
3.15.4.i, 3.15.5.b., and 3.16.4.b.)
Amendment:
No change proposed. Waiver missing from Article 7, Section 7.1.2.5. New reference
added to list.
Legislation: 1
• Waiver # (new reference number in Miami 21 Code) Off-street Loading Requirements
in Downtown Flagler Parking and Loading Improvement District (Article 3, Section
3.6.9.b., Article 4, Table 4)
Amendment:
No change proposed. Waiver missing from Article 7, Section 7.1.2.5. New reference
added to list.
Legislation: 1
• Waiver # (new reference number in Miami 21 Code) Waterfront Setback requirements
(Article 3, Section 3.11.a.2.2 and 3.11.b.6.)
Amendment:
No change proposed. Waiver missing from Article 7, Section 7.1.2.5. New reference
added to list.
Legislation: 1
• Waiver # (new reference number in Miami 21 Code) Height of fences and walls for
Major Facilities in CI -HD (Article 5, Section 5.8.2.h)
Amendment:
No change proposed. Waiver missing from Article 7, Section 7.1.2.5. New reference
added to list.
Legislation: 1
7.1.2.5 Waivers
Version: June 6, 2023 7 of 8
Amendment:
List reorganized and missing Waivers added
Outcome:
Clarifications and consistency
Group: Split into relevant topic groups
Version: June 6, 2023 8 of 8
Waivers Reform
Executive Summary
Prepared by: City of Miami, Planning Department and Office of Zoning
1. Amendments Summary:
• Existing Waivers in Miami 21 Code: 33
• Existing Waivers added to Section 7 summary list: 4
• Waivers removed and replaced by Right process: 8
• Waivers removed and replaced by Warrant process: 2
• Amended to clarify or update: 11
• Remain Unamended: 11
• New Waivers: 1
2. Amendments Organization:
• Legislation 1 - Miscellaneous Waivers - File ID 13938
• Legislation 2 - T3 Transect Zone related Waivers - File ID 13936
• Legislation 3 - Parking related Waivers - File ID 13937
• Legislation 4 - Demolition in NCD Waiver - File ID 13940
• Legislation 5 - Ten Percent Waiver - File ID 13939
3. New Definitions: Article 1, Section 1.2 Definition of Terms
• Amendment:
Text revised to include New Definitions for Height (Structure and Building), Vehicular
Entry, and Pedestrian Entrance, and clarified definition of Liner.
Outcome:
Provide clearer meaning for terms referenced in the proposed amendments.
Page: 1
Legislation #: Split dependent on topic
• Waiver #1 Parking Reductions for Elderly Housing or for Adaptive Reuses in
Community Redevelopment Areas (Article 3, Section 3.6.1 and 3.6.7).
Amendment:
Remove Waiver applicability for Elderly Housing parking reductions
Revised text to clarify parking as per Article 7 for Adaptive Reuse
Outcome:
Improve processing for Elderly Housing parking reductions
Parking requirements for Adaptive Reuse clarified
Legislation: 3
Version: May 5, 2023 1 of 8
• Waiver #2 Setbacks for Irregular Lots (Article 3, Section 3.3.3.c)
Amendment:
Waiver remains
Text revised to update and clarified the process through which side and rear setback for
irregular lots are established. Excluding front & waterfront.
Outcome:
Clearer, transparent process
Legislation: 1
• Waiver #3 Setbacks for the property to be developed to Match the Dominant Setback in
the Block and its Context. (Article 3, Section 3.3.5; Article 5, Sections 5.5.1.g, 5.6.1.g
and 5.8.1.g)
Amendment:
Waiver remains
Clarifying which Zones dominant setback Waiver provision may be allowed
Restricting dominant setback provision to buildings with two stories or less
Clarifying how the dominant setback may be identified using corresponding physical
elements present
Outcome:
Improved streetscape by clarifying how dominant setbacks may be identified
Legislation: 1
• Waiver #4 Shared Access for Adjoining Lots (Article 3, Section 3.6.3.k).
Amendment:
Remove Waiver
Revised text to remove waiver and allow shared access by Right while maintaining the
required Covenant.
Outcome:
Streamlined review process for adjoining Lots that share access, driveways, and parking.
Legislation: 1
• Waiver#5 Barbed Wire Fences in D1, D2 and D3 (Article 3, Section 3.7.2).
Amendment:
No change proposed
• Waiver #6 Review of Development within Neighborhood Conservation Districts for
compliance with NCD regulations (Appendix A).
Amendment:
Remove Waiver
Revise text to require demolition Waivers to be reviewed by Environmental Resources
Department and Historic Preservation Office
Outcome:
Streamlined process and allow review by appropriate departments
Legislation: 4
Version: May 5, 2023 2 of 8
• Waiver #7 The Relaxation of Setbacks or Required Off-street Parking for preservation
of natural features of land (Article 3, Section 3.13.1.d).
Amendment:
Waiver remains
Text revised to more clearly define which existing site elements may be considered when
applying Waiver and clarified which code standards may be modified
Outcome:
Context of site given greater consideration and ensured review by appropriate
departments
Legislation: 1
• Waiver #8 Decrease of Required Parking by thirty percent (30%) within the half -mile
radius of a TOD (Article 4, Table 4).
Amendment:
No change proposed. Previously modified per Ordinance 14065.
Clarified title to reflect past amendments
• Waiver #9 Reduction of Setbacks for One -Story, Non -Habitable Accessory
Structures in T3. (Article 5, Section 5.3.1.h)
Amendment:1
Remove Waiver
Text revised to ensure that required setbacks for accessory Structures shall follow
existing setback requirements for outbuildings in a T3 Transect Zone.
Outcome:
Ensure adequate spacing between buildings to preserve the character of neighborhoods
and prevent overdominance of buildings on adjacent lots
Legislation: 2
• Waiver #10 Substitution of Loading Berths (Article 4, Table 5).
Amendment:
Proposed amendment removes Waiver and allows existing loading berth substitutions by
right. Updated text also introduces new loading berth substitutions for projects greater
500,000 sq ft. by process of Warrant. The revised text reduces the required Drive Aisle
widths and clarifies that no further adjustments to the Drive Aisle or Loading dimensional
standards are allowed. In addition, the updated text removes unnecessary loading berth
setbacks as this is regulated elsewhere in the Code.
Outcome:
Allowing certain loading berth substitutions by Right ensures a streamlined process for
non-impactful situations.
Ensures flexibility in loading requirements and size of berths in appropriate locations and
when satisfactory loading management can be demonstrated.
Certainty around required minimum drive aisle widths and loading dimensions
Legislation: 3
• Waiver #11 Required parking within one thousand (1,000) feet of the site that it serves
(Article 4, Table 4)
Amendment:
Remove Waiver
Text revised to clarify requirement for a covenant between sending and receiving sites
and distance separation requirements from T3 are applicable to sending sites.
Version: May 5, 2023 3 of 8
Outcome:
Ensure adequate parking will be maintained off site by documenting approved
arrangement in a covenant running with both sending and receiving site.
Mitigate impact of parking on T3 neighborhoods.
Legislation: 3
• Waiver #12 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 5.10.2.g).
Amendment:
For T3 rooftop stairs and elevator enclosures eliminated height extension Waiver and
introduced criteria for By Right process. Added Waiver for T4 roof extensions.
Outcome
Simplified process and options reflective of current needs and requirements.
Recommend additional research and that the Waiver text to be further reviewed as a part
of a separate workstream examining regulations and provisions for rooftop elements
across the City and/or T3 generally.
Legislation: 1
• Waiver #13 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).
Amendment:
Text revised to allow mechanical equipment to follow the less restrictive outbuilding rear
and side setbacks within T3 and T4 Transect Zones. A Waiver may only be granted for
the encroachment of mechanical equipment for Buildings that legally existed prior to the
Miami 21 Code.
Outcome:
Mitigate any ambient impacts on neighboring properties by locating such mechanical
equipment in the most appropriate locations.
Legislation: 1
• Waiver #14 Service and Parking access from Principal Frontage (Article 5, Sections
5.4.2.e, 5.5.2.e and 5.6.2.f).
Amendment:
Waiver removed. Text revised to clarify location of loading and service entries. Vehicular
entries may be permitted on Principal Frontages when a Lot only has Principal Frontages.
Outcome:
Streamlined review process and clarity of Code requirements.
Legislation: 3
• Waiver #15 Pedestrian and vehicular entry spacing. (Article 5,
Section 5.5.1.f, 5.5.4.e, 5.6.1.f and 5.6.4.g).
Amendment:
Text revised to clarify that emergency exits do not fulfill frequency of pedestrian entrances.
Removing duplicate Vehicular Entry requirement.
Outcome:
Improved streetscape and activation of the public realm.
Legislation: 3
Version: May 5, 2023 4 of 8
• Waiver #16 Adjustments to Building spacing and to Setbacks above the eighth floor for
Lots having one dimension one hundred (100) feet or less (Article 5, Section 5.6.1.q
5.6.1.h).
Amendment:
Text revised to clarify that reduced setbacks can only be utilized on portions of the Lot
with a depth of width less than 100 feet.
Outcome:
Reduce deviations from setback standards and only permit in justifiable situations.
Legislation: 1
• Waiver #17 Adjustments to Building Disposition in Cl. (Article 5, Section 5.7.2.4.d).
Amendment:
Text revised to development standards that may be modified by Waiver to provide
increased flexibility for CI properties.
Outcome:
Better design outcome for Civic Development while still responding to the site and
neighborhood context.
Legislation: 1
• Waiver #18 Industrial Uses requiring additional Height in D2 and D3 (Article 5,
Section 5.9.2.f and 5.10.2.f).
Amendment:
Waiver replaced with Warrant process as Height increase is related to Industrial Uses in
D2 and D3 Zones and should be evaluated depending on the context.
Article 3, Section 3.14 also revised to capture D1 bonus Height.
Legislation: 1
• Waiver #19 Primary and Secondary Frontage Parking placement (Article 5,
Sections 5.5.4.d, 5.5.4.e, 5.6.4.d and 5.6.4.e)
Amendment:
Text revised to clarify screening requirements depending on parking configuration and
Frontage. Existing one-story waiver option maintained but introduced a new by Right
garage screening option that requires habitable space on the first and second story.
Remove referral to UDRB unless Planning Director determines project would benefit from
further review.
Outcome:
Streamlined process that incentivizes higher quality design on the Principal Frontage.
Increased clarity for Secondary Frontage Code requirements. UDRB referral only when
parking screening treatment would benefit from further review.
Legislation: 3
• Waiver #20 Reduction of reservoir parking space (Article 6).
Amendment:
Waiver removed for parking reductions to ensure adequate reservoir parking is provided
on site.
Outcome:
Version: May 5, 2023 5 of 8
Car washes and drive -through uses will be required to provide adequate parking to
minimize impact of vehicular queuing within adjacent right-of-way.
Legislation: 3
• Waiver #21 Gas Station Building Frontage requirement (Article 6).
Amendment:
No change proposed.
• Waiver #22 Modifications in Setbacks up to fifty percent (50%) when Liner Uses are
provided along parking Structures in Major Sports Facility. (Article 6, Table 13).
Amendment:
No change proposed.
• Waiver #23 Replacement or reconstruction of a nonconforming Structure (other than
Single -Family, duplex or multi -family) destroyed by natural disaster, explosion, fire, act of
God, or the public enemy. (Article 7, Section 7.2.2.b).
Amendment:
No change proposed.
• Waiver #24 Alterations to nonconforming Single Family or duplex Structures to enlarge a
nonconformity affecting the exterior of the Building or premises. (Article 7, Section 7.2.3).
Amendment:
Text revised for clarity.
Outcome:
Clearer process
Legislation: 2
• Waiver #25 Development of Single Family or duplex Structures on certain nonconforming
Lots in T-3 zones. (Article 7, Section 7.2.7).
Amendment:
No change proposed.
• Waiver #26 Modification to nonconforming Off-street Parking facilities involving
restoration or rehabilitation of an existing Building or an adaptive Use. (Article 7, Section
7.2.8).
Amendment:
Text revised to provide clear thresholds for when a Waiver is required.
Outcome:
Incentivized existing nonconforming properties to come into greater conformance with
Miami 21 standards by streamlining the process for existing development.
Legislation: 3
• Waiver #27 Modification of the landscaping of nonconforming signs. (Article 7, Section
7.2.9.5).
Amendment:
Waiver removed. This section of the Code does not exist.
Legislation: 1
Version: May 5, 2023 6 of 8
• Waiver #28 Encroachment of stairs and ramps into the setback for existing buildings being
raised above the Base Flood Elevation plus Freeboard. (Article 5, Sections 5.3.2.b,
5.4.2.b, 5.5.2.b, and 5.6.2.c)
Amendment:
No change proposed.
• Waiver #29 Ten percent (10%) of any numerical standard
Amendment:
Text revised to restrict which standards can be adjusted by up to 10% and provide criteria
for approval of the Waiver. Commonly approved Lot coverage Waiver replaced by a By
Right flexible Lot Coverage program.
Outcome:
Ensure greater compliance with Miami 21 to ensure only 10% Waivers are granted in
justifiable circumstances. Additional criteria when projects depart from By Right provisions
within Miami 21 Code. Enhanced contributions and benefits when increased Lot Coverage
which is provided.
Legislation: 5
• Waiver # (new reference number in Miami 21 Code) Reductions in Parking and
Setback requirements for Affordable and Workforce Housing (Article 3, Section 3.15.4.d,
3.15.4.i, 3.15.5.b., and 3.16.4.b.)
Amendment:
No change proposed. Waiver missing from Article 7, Section 7.1.2.5. New reference
added to list.
Legislation: 1
• Waiver # (new reference number in Miami 21 Code) Off-street Loading Requirements
in Downtown Flagler Parking and Loading Improvement District (Article 3, Section
3.6.9.b., Article 4, Table 4)
Amendment:
No change proposed. Waiver missing from Article 7, Section 7.1.2.5. New reference
added to list.
Legislation: 1
• Waiver # (new reference number in Miami 21 Code) Waterfront Setback requirements
(Article 3, Section 3.11.a.2.2 and 3.11.b.6.)
Amendment:
No change proposed. Waiver missing from Article 7, Section 7.1.2.5. New reference
added to list.
Legislation: 1
• Waiver # (new reference number in Miami 21 Code) Height of fences and walls for
Major Facilities in CI -HD (Article 5, Section 5.8.2.h)
Amendment:
No change proposed. Waiver missing from Article 7, Section 7.1.2.5. New reference
added to list.
Legislation: 1
Version: May 5, 2023 7 of 8
7.1.2.5 Waivers
Amendment:
List reorganized and missing Waivers added
Outcome:
Clarifications and consistency
Group: Split into relevant topic groups
Version: May 5, 2023 8 of 8