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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-01215zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 5 "SPECIFIC TO ZONES," TO ALLOW BALCONIES LOCATED ABOVE
THE EIGHTH STORY TO ENCROACH A MAXIMUM OF THREE (3) FEET INTO THE
DEPTH OF THE SETBACK; AND TO ALLOW FAQADE COMPONENTS ABOVE THE
FIRST STORY TO ENCROACH A MAXIMUM OF THREE (3) FEET INTO THE
DEPTH OF THE SETBACK; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on December
17, 2014, Item PZAB.11, following an advertised public hearing, adopted Resolution No. PZAB-R-14-;-
074 by a vote of seven to zero (7-0) 4ecommending APPROVAL of an amendment to Ordinance N9,
10544, as amended; and
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"),
Ordinance No. 13114, as the City of Miami's Zoning Ordinance; and
WHEREAS, the intent of the Code is to promote a pedestrian -friendly public realm of the highest
ambient quality, and for this reason, taller buildings may develop larger setbacks and are required to
provide streets with air and light; and
WHEREAS, frontage setback requirements in T6 Transect Zones above the eighth story are ten
(10) feet measured from the second and third layers; and
WHEREAS, no encroachments are permitted in T6 Transect Zones above the eighth story, except
facade components such as shading and screening devices that are non -accessible, which may
encroach a maximum of three (3) feet; 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 ("City") and its citizens to amend its
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 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 5 in the following particulars {1}:
"ARTICLE 5. SPECIFIC TO ZONES
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5.6 URBAN CORE TRANSECT ZONES (T6)
5.6.2 Building Disposition (T6)
* * *
5.6.2(c) Encroachments shall be as follows: At the First Layer, cantilevered Awnings and entry
canopies may encroach up to one hundred percent (100%) of the depth of the Setback, except as may
be further allowed by Chapter 54 of the City Code. Above the first Story, cantilevered balconies, bay
windows, and roofs, or Facade components promoting energy efficiency, such as shading and
Screening devices, that are non -accessible may encroach up to three (3) feet of the depth of the
Setback. Other cantilevered portions of the Building shall maintain the required Setback. Above the
eighth Story when additional setbacks are required as detailed in Illustration 5.6, no Encroachments
arc permitted, except that Facade components promoting energy efficiency, such as shading and
Screening devices, that are non -accessible and or balconies may encroach a maximum of three (3)
feet.
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, 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 thirty (30) days after final reading and
adoption thereof. {2}
APPROVED AS TO FO
VrTORIMENDEZ
CITY ATTORNEY 77
M AND CORRECTNESS:
ii
Footnotes:
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File Number: 14-01215zt
{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 unless vetoed by the Mayor within ten (10)
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, whichever is later.
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