HomeMy WebLinkAboutSubmittal-Commissioner Russell-Miami21-Appendix A-Neighborhood Conservation DistrictsMIAMI 21
AS ADOPTED - MAY 2015
APPENDIX A: NEIGHS HOOD CONSERVATION DISTRICTS
Nothing in these regulations shall be construed as to prohibit additional structures or neighborhoods to
become Historic Preservation Overlays.
All demolition permits shall require a Waiver and be referred to the Planning Department for review under
the Tree Preservation Ordinance. All submittals shall contain a tree survey by a certified arborist.
2.4 Residential
All T3, Single -Family Residential zoning regulations shall apply within the Village West Island District and
Charles Avenue, hereafter referred to as NCD-2, except as modified below. If any such requirements
conflict, NCD-2 requirements shall apply.
2.4.1 Charles Avenue
a. All new construction, major alterations, and additions on Charles Avenue shall be required to be
reviewed by the process of Waiver. To ensure the compatibility of new construction on Charles
Avenue, the design for any new construction shall also be reviewed by the Urban Development
Review Board for its compatibility of scale, materials, roof slope, general form, massing and
ornamental details.
b. Any requests for the demolition of structures that are over fifty (50) years in age along Charles
Avenue shall be referred to the Historic Preservation Officer for review of historical significance.
c. The architectural guidelines contained in the Village West Island District are intended to produce
visual compatibility among the buildings on Charles Avenue and throughout the District repre-
senting building traditions of early South Florida, the Caribbean, and the early African -American
settlers.
2.4.2 Single Family Residential District
a. Adjacent lots or lots in the same subdivision under single ownership, or developed by a single
builder or developer shall not employ the same, similar or duplicate architectural plans. Adjacent
buildings under such conditions shall be substantially differentiated in massing, footprint, and
exterior detailing.
b. Front yards
All front yards in the NCD-2 shall be designed in a way that minimizes the impact of garage fronts
and off-street parking. Front yards shall provide a more permeable surface and use abundant
landscaping and tree canopy throughout.
c. Building Envelope
For the purpose of this section, a building site shall be defined as one or more lots or portions
of lots that are aggregated to form a single family residential site including vacant lots and all
permissible accessory uses and structures. Building sites shall not include any portions of land
c N under a different zoning transect.
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d. Height
Height is limited to a maximum of twenty-five (25) feet measured to the midpoint between the
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IYrIAMI 21
AS ADOPTED - MAY 2015
APPENDIX A: NEIGHBORHOOD CONSERVATION DISTRICTS
permissible accessory uses and structures. Building sites shall not include any portions of land
under a different zoning transect.
d. Height
Height is limited to a maximum of twenty-five (25) feet measured to the midpoint between the
eave and roof top and is measured from flood level or average sidewalk elevation, whichever
is higher. In addition to the maximum height of twenty-five (25) feet measured to the mid -point
of the roof top and eave, chimneys, cupolas or other non -habitable architectural features of
twenty-five (25) square feet in area or less may reach a maximum height of thirty (30) feet or as
required by the fire code. For Lots with less than ten thousand (10,000) square feet in area, the
height limitation for accessory structures shall be thirteen (13) feet.
e. Green Space
The minimum green space requirement shall be three -tenths (0.3) times the Lot area. The use of
permeable material for surfaces in the required yard may allow a 25% reduction in the required
green space.
f. Permitted Accessory Uses and Structures
Accessory uses and structures are as permitted in the underlying transect zone, except that de-
tached garages or car shelters on lots ten thousand (10,000) square feet or larger may include
a second story as long as the allowable floor lot ratio and building footprint are not exceeded.
Said second story may only be used as an owner occupied accessory structure. Two-story ac-
cessory structures shall have the same setback requirements as specified for two-story principal
buildings.
g.
Additional Limitations and requirements.
1. Lots and building sites:
Wherever an existing single-family residence or lawful accessory building(s) or structure(s)
is located on one or more platted lots or portions thereof, such lots shall thereafter constitute
only one building site and no permit shall be issued for the construction of more than one
single-family residence except by Warrant. Such structures shall include but not be limited
to swimming pools, tennis courts, walls, and fences or other at grade or above ground im-
provements. No building sites in existence prior to September 24, 2005 shall be diminished in
size except by Warrant, subject to the criteria specified in Article 4, Table 12 Design Review
Criteria.
2. Garages and Driveways:
(a) On new construction or garage additions, no garage shall be located along the same front
setback line as the front wall of a residential structure unless the garage door(s) does not
face the street. Garage structures with access openings that face the street shall be set
back a minimum of twenty (20) feet from the front wall of the principal residential structure.
(b) Garage structures with access openings that face the street on corner lots which have a
maximum depth of less than sixty (60) feet, may be set back a minimum of fifteen (15)
feet from the front wall of the principal residential structure.
(c) Notwithstanding the requirements of the Public Works Department, driveways shall have
a maximum width of ten (10) feet within the first five (5) feet of all street -front required
setbacks.
A.18
From: "Goldberg, Daniel S." <dgoldberg@miamigov.com>
Date: November 20, 2015 at 2:47:41 PM EST
To: "jvazquez@bergersingerman.com" <jvazquez@bergersingerman.com>
Cc: "Mendez, Victoria" <VMendez@miamigov.com>, "Min, Barnaby" <bmin@miamigov.com>, "Quirke,
Amanda L." <alquirke@miamigov.com>, "Ellis, Jacqueline" <JEilis@miamigov.com>, "Brimo,
Christopher" < CBrimo@miamigov.com>, "Cejas, Devin" <DCejas@miamigov.com>
Subject: Warrant requirement for unplatted lands in NCD-3
Javier,
We have taken a look at NCD-3 and its application to unplatted lands. NCD-3 requires a "building site" in
existence as of Sept 24, 2005 may only be diminished in size by Warrant.
"Building site" is further defined as "one or more lots or portions of lots that are aggregated to form a
single family residential site including vacant Tots and all permissible accessory uses and structures."
Since the land is unplatted, it doesn't consist of lots or portions thereof. Additionally, as it is unplatted,
there is no aggregation.
Lastly, NCD-3 provides that: "Wherever an existing single-family residence or lawful accessory building(s)
or structure(s) is located on one or more platted lots or portions thereof, such lots shall thereafter
constitute only one building site and no permit shall be issued for the construction of more than one
single-family residence except by Warrant."
Though there was a single family home on the site, the land was unplatted and therefore did not
constitute a building site under the NCD-3 overlay.
This was done on at least one other t-plat of unplatted land. For the sake of consistency, we are
recommending not applying the Warrant requirement to unplatted land in NCD-3. it still applies to
platted lots, including any case where the applicant submits a t-plat to replat partially platted land and
partially unplatted land.
As your Battersea t-plat is only unplatted lands, a Warrant is not required.
Thank you.
Daniel S. Goldberg, Assistant City Attorney
City of Miami Office of the City Attorney
Telephone: 305-416-1859
Facsimile: 305-416-1801
dgoldberg@miamigov.com
Assistant: Aida Garda (305) 416-1815
utcd into the public
for item(s) 47/-i'•5
7/2q/1Co. City Clerk