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Ordinance: 13373
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00002zt Final Action Date: 3/28/2013
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
SECTION 3.15 "AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM
SUPPLEMENTAL REGULATIONS" TO MODIFY SETBACK REQUIREMENTS
ABOVE THE EIGHTH FLOOR BY WAIVER TO PROVIDE ADDITIONAL DESIGN
FLEXIBILITY OF AFFORDABLE HOUSING DEVELOPMENT; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on January 16, 2013,
following an advertised public hearing, adopted Resolution No. PZAB-R-13-006 by a vote of nine to
one (9-1), item no. 7, recommending APPROVAL 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"),
Ordinance 13114 as the City of Miami's Zoning Ordinance; and
WHEREAS, on May 12, 2011, the City Commission adopted modifications to the Zoning
Ordinance to facilitate affordable housing development in the City of Miami; and
WHEREAS, it has been determined that additional flexibility is necessary for setback
requirements above the eighth floor; 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
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 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby
amended by making modifications to Article 3 in the following particulars {1}:
"ARTICLE 3. GENERAL TO ZONES
3.15 AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS
City of Miami
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File Number: 13-00002zt Enactment Number: 13373
3.15.3 In place of any conflicting provisions elsewhere in this Code, Affordable Housing
Developments may be developed in accordance with the following:
a. Height
1. T5: Maximum building height of 75 feet with no limitation on the number of Stories;
2. T6-8: Maximum building height of 125 feet with no limitation on the number of Stories;
3. T6-12: Maximum building height of 240 feet with no limitation on the number of Stories;
b. Parking may extend into the Second Layer above the first Story along all Frontages. The Facade
of a parking garage that is not concealed behind a Habitable Liner shall be screened to conceal from
view all internal elements including, but not limited to, vehicles, plumbing pipes, fans, ducts and all
lighting. The size, location, and materials for such screening elements shall be reviewed by Waiver
with referral to the Planning Department.
c. Pedestrian or Vehicular Cross Block Passages shall not be required.
d. Development Abutting two (2) or more Thoroughfares shall have only one (1) Principal Frontage
and shall not be subject to the minimum Principal Frontage Line requirement. Determination of which
Frontage is to serve as the Principal Frontage shall be made by the Planning Director upon request
by the Zoning Administrator.
e. Development shall not be subject to maximum Lot Area requirements.
f. Development in T6 Zones shall be exempt from complying with the requirements contained in
Sections 5.6.1 (h) and 5.6.2 (b).
g_ Setback requirements above the eighth floor may be modified by Waiver for Development in T6
Zones.
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 Zoning Ordinance 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 final reading and adoption
thereof. {2}
Footnotes:
City of Miami Page 2 of 3 File Id: 13-000027t (Version: 2) Printed On: 8/28/2017
File Number: 13-00002zt Enactment Number: 13373
{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.
City of Miami Page 3 of 3 File Id: 13-000027t (Version: 2) Printed On: 8/28/2017