HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00379zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED
"MEASUREMENT OF HEIGHT" TO MODIFY MEASUREMENT OF STORIES,
LIMITING HEIGHT OF STRUCTURES IN CERTAIN TRANSECTS TO A MAXIMUM
BUILDING HEIGHT MEASURED IN FEET, CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code,
Ordinance No. 13114; and
WHEREAS, on January 28, 2010, the City Commission extended the implementation date
to May 20, 2010, Ordinance No. 13138; and
WHEREAS, amendments are being made prior to its implementation date; and
WHEREAS, the Miami 21 Code regulates floor to floor height of buildings; and
WHEREAS, maximum building height is established for the T4, T5, and T6-8 Transects
and measured in feet; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on April 7, 2010, Item No. P.6,
following an advertised public hearing, adopted Resolution No. PAB-10-014 by a vote of five to three
(5-3), recommending APPROVAL of an amendment to Ordinance No. 13114, as amended; 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 Miami Zoning Ordinance 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 Zoning Ordinance of the City of Miami, Florida, is
hereby amended by making modifications to Article III in the following particulars: {1}
"ARTICLE III. General to Zones
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File Number. 10-00379zt
3.5 MEASUREMENT OF HEIGHT
3.5.2 Generally, A a Story is a Habitable level within a Building of a maximum fourteen
(14) feet in Height from finished floor to finished floor. Basements are not considered Stories
for the purposes of determining Building Height. A ground level retail Story may exceed this
limit up to a total height of twenty-five (25) feet. A single floor level exceeding fourteen (14)
feet, or twenty-five (25) feet at ground level retail, shall be counted as two (2) Stories-i W-
where the first two stories are retail, their total combined Height shall not exceed thirty-nine
(39) feet and the first floor shall be a minimum of fourteen (14) feet in Height._
A. Except for T4, T5 and T6-8 Zones, where the maximum height of the building
(from ground level to the top of the roof slab) shall be determined using the
following formula: 15 feet for the first floor, 10 feet for each allowed upper floor,
as per each transect. The maximum building height is 35 feet in T4, 55 feet in
T5, and 85 feet in a T6-8 which abuts T3 or CS, or 125 feet in a T6-8 which does
not abut T3 or CS and participates in the Public Benefits Program. There will be
no restriction as to individual floor heights as long as the total building height
stays within those maximums; and;
B. Except for T6-36, T6-48, T6-60, T6-80, where a single floor level exceeding
fourteen (14) feet may count as one (1) story if the building height does not
exceed the maximum height, including all applicable bonuses, allowed by the
transect at fourteen (14) feet per floor.
C. Mezzanines may not exceed thirty-three percent (33%) of the Habitable Space
Floor Area. Mezzanines extending beyond thirty-three percent (33%) of the Floor
Area shall be counted as an additional floor.
a The Height of a Parking Structure concealed by a Liner may be equal to the
Height of the Liner; this may result in a Liner Story concealing more than one
level of Parking.
*
Section 3. If any section, part of 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 relettered 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 immediately upon its adoption and signature
of the Mayor.{2}
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File Number.' 10-00379zt
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
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.
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