HomeMy WebLinkAboutExhibitCITY OF MIAMI
OFFICE OF ZONING
MEMORANDUM
TO: Gilberto P4 tori3a, Attorney at Law
FROM: Barnaby"L. MK, Zoning Administrator
DATE: February 1012
RE: Zoning Interpretation
12-0001
This Zoning Interpretation is issued to clarify the procedures for accessory or incidental
parking.' There are properties throughout the City of Miami ("City") that have dual zoning.
Many of these properties have the principal use in one Transect Zone and the associated
accessory parking in a second Transect Zone. The issue presented for this Zoning
Interpretation is what requirements must a property comply with when its principal use is in
one Transect Zone and its accessory parking is in a separate Transect Zone.
Section 3.3.1 of Miami21 states that lots "assembled into one ownership that encompass more
than one Transect Zone shall be developed according to the corresponding Transect regulation
for each Lot." Accordingly, pursuant to Section 3.3.1, both Transect Zone requirements must
be complied. When accessory parking is located in a Transect Zone, it is only authorized if it
complies with the requirements of that particular Transect Zone. Because accessory parking is
incidental and subordinate to the principal use, the principal use must also comply with the
requirements of the particular Transect Zone.
To illustrate the issue, consider a property that has dual zoning of both a T6-8-O Transect Zone
and a T4-R Transect Zone. Article 4, Table 3 of Miami21 indicates that general commercial
uses .are allowed. by right in a.T6-8-0 Transect Zone but strictly prohibited in a T4-R Transect
Zone. As Section 3.3.1 of Miami21 indicates, both Transect Zone requirements must be
complied with in order to allow the principal use of a general commercial use. Because the
T4-R Transect Zone strictly prohibits general commercial uses, the accessory parking is
likewise prohibited.
There is a provision of Section 3.3.1 of Miami21 that arguably presents conflicting authority
on this issue. Specifically, Section 3.3.1 of Miami21 also states that "T4 Lots adjacent to T5 or
T6 Lots may provide parking for adjacent Lot uses, and shall follow all other T4 requirements
including Liner requirements. Access for such parking shall be provided only through the T4-
0, T5 or T6 Lot." An inference can be made that because this section refers to parking in a T4
Lot for the adjacent lot, parking is thus allowed regardless of whether the principal use is
allowed. This section, however, must be read in conjunction with the remaining portions of
Miami21, including the above -cited portion of Section 3.3.1. Accordingly, if the actual use is
not allowed in the specific Transect Zone, the corresponding accessory parking is likewise not
1 Accessory parking is parking that is customarily incidental and subordinate to the principal use. The terms
accessory_and-incidental_are_interchangeable_and_for_the-purposes-of--this-Zoning Interpretation, -the -term -accessory
parking shall be used.
Doc. No.: Docl (2) (2) (2) (5) (2)
allowed. The language concerning T4 lots is meant to solely address uses that are allowed in a
T4 Transect Zone.
In addition to the statutory construction analysis above, deference must also be paid to the
intent of Miami21 and the zoning atlas. Article 4, Table 1. of Miami21 indicates that T4
Transect Zones are "primarily residential urban fabric with a range of building types including
rowhouses, small apartment buildings, and bungalow courts." T6 Transect Zones, on the other
hand, "consists of the highest density and greatest variety of Uses." (Emphasis addled).
Accordingly, the intent of Miami21 is to have lower impact commercial uses in a T4 Transect
Zone and keep it primarily residential. Parking for an associated use in a T6 Transect Zone
which is of a higher density and more variety does not comply with this intent.
In conclusion, accessory parking is only authorized in a Transect Zone if the principal use in
which the panting is associated is also allowed in the specific Transect Zone.2
This interpretation shall be final unless appealed to the Planning, Zoning, and Appeals Board
within 15 days of the date of its issuance.
cc: Francisco Garcia, Director of Planning
Victoria Mendez, Assistant City Attorney
Office of Zoning
Office of NET
2 This Zoning Interpretation is limited to the applicability of Article 4, Table 3 to accessory parking. Assuming
the accessory parking is authorized, it must also comply with the remaining provisions of Miami21 including, but
not limited -to, —Article 3 with -respect -to -heat island -effects, —Article 5-with-respect to--design-and-location criteria,
and Article 9 with respect to landscaping requirements.
Doc. No.: Docl (2) (2) (2) (5) (2)