HomeMy WebLinkAboutO-13831City of Miami
Ordinance 13831
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4943 Final Action Date: 3/28/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 1,
SECTION 1.2, TITLED "DEFINITIONS OF TERMS," ARTICLE 3, SECTIONS
3.5, TITLED "MEASUREMENT OF HEIGHT," ARTICLE 5, SECTION 5.3,
TITLED "SUB -URBAN TRANSECT ZONES (T3)," ARTICLE 5, SECTION 5.4,
TITLED "GENERAL URBAN TRANSECT ZONES (T4)," ARTICLE 5, SECTION
5.5, TITLED "URBAN CENTER TRANSECT ZONES (T5)," ARTICLE 5,
SECTION 5.6, TITLED "URBAN CORE TRANSECT ZONES (T6)," ARTICLE 7,
SECTION 7.1, TITLED "PROCEDURES," AND ARTICLE 7, SECTION 7.2,
TITLED "NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE
IMPROVEMENTS; AND SIGNS," TO INCORPORATE ADDITIONAL HEIGHT
ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN AND CLARIFY
LANGUAGE FOR RAISING STRUCTURES WITHIN THE FLOODPLAIN;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell, Mayor Francis X. Suarez
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, on March 23, 2017, the City Commission adopted Resolution No. 17-0146,
which recommended the City of Miami ("City") formally join the Southeast Florida Regional
Climate Change Compact ("SFRCCC"); and
WHEREAS, the SFRCCC establishes the Unified Sea Level Rise projection for
Southeast Florida, which is currently projected at fourteen (14) to thirty-four (34) inches by year
2060; and
WHEREAS, the City will consider and incorporate future sea level rise projections from
the SFRCCC; and
WHEREAS, on October 13, 2016, the City Commission adopted Ordinance 13640,
which established the Sea Level Rise Committee to study the effects of sea level rise; and
WHEREAS, twenty-four percent (24%) of the City is within the Coastal High Hazard
Area ("CHHA") as defined in Coastal Management Policy CM-4.1.2 of the Miami
Comprehensive Neighborhood Plan ("MCNP") and Section 163.3178(2)(h)9, Florida Statutes;
and
WHEREAS, the City has over 12,000 properties within the CHHA, comprising roughly
5,716 acres within the City; and
City of Miami Page 1 of 9 File ID: 4943 (Revision: A) Printed On: 4/17/2025
File ID: 4943 Enactment Number: 13831
WHEREAS, the majority of land within the CHHA is designated Civic Institutional on the
Miami 21 Zoning Atlas due to the large amount of land in the Port of Miami; and
WHEREAS, due to the reclaimed nature of the Port of Miami, much of the island is
actually above the CHHA; and
WHEREAS, the majority of properties within the CHHA are designated "T3," Sub -Urban
Transect Zone, and "T6," Urban Core Transect Zone; and
WHEREAS, for the safety, wellbeing, and long-term sustainability of life and property,
the City is pursuing changes to the Miami 21 Code to address sea level rise; and
WHEREAS, the Federal Emergency Management Agency ("FEMA") encourages the
incorporation of Freeboard, as defined herein, into the construction and reconstruction of
properties within areas prone to flooding with consideration of future risk due to sea level rise;
and
WHEREAS, the addition of Freeboard to height requirements has many benefits,
including reducing the amount of at -risk property from flood damage and reducing National
Flood Insurance Program ("NFIP") premiums for property owners; and
WHEREAS, increased ground -floor height allowances in flood prone areas provide
ground -floor retail establishments the flexibility to respond to changing infrastructure needs
while preserving and enhancing a quality pedestrian environment; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
September 24, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-
18-047, by a vote of seven to zero (7 - 0), Item No. PZAB.7, recommending approval of the
Zoning Text Change as stated herein; and
WHEREAS, the City Commission has given full consideration to the Planning Director's
recommendations; and
WHEREAS, the City Commission has conducted a public hearing on the Zoning Text
Change as stated herein; and
WHEREAS, the City Commission has considered the relationship of the Zoning Text
Change as stated herein to the goals, objectives, and policies of the MCNP, the Miami 21 Code,
and other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
Zoning Text Change as stated herein, including changed or changing conditions that make the
passage of the Zoning Text Change as stated herein necessary;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
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Section 2. The Miami 21 Code is further amended by amending Article 1, Section 1.2,
titled "Definition of Terms," in the following particulars:1
"ARTICLE 1. DEFINITIONS
1.2 DEFINITIONS OF TERMS
Base Flood Elevation (BFE): The elevation of surface water resulting from a flood that has a
one percent (1 %) chance of equaling or exceeding that level in any given year as determined by
FEMA. The BFE is shown on the FEMA Flood Insurance Rate Map (FIRM).
*
Freeboard: The additional height above the Base Flood Elevation at which the lowest finished
floor is built.
Special Flood Hazard Area: The land area, as determined by FEMA and shown on the FEMA
Flood Insurance Rate Map (FIRM), covered by the floodwaters of the base flood.
*11
Section 3. The Miami 21 Code is further amended by amending Article 3, Section 3.5,
titled "Measurement of Height," in the following particulars:1
"3.5 MEASUREMENT OF HEIGHT
3.5.1 Unless otherwise specified herein, the Height of Buildings shall be measured in
Stories. The height of Fences and walls shall be measured in feet. The Height of
Buildings, Fences and walls shall be measured from the Average Sidewalk
Elevation or, where no sidewalk exists, the average of the record profile grade
elevation of the street Abutting the Principal Frontage of the Building, as deter-
mined by the Public Works Department. In the event that the bBase #Flood
eElevation, as established by FEMA, plus Freeboard, is higher than the sidewalk
or grade elevations, the total Height of the first Story Building but not the height
of Fences and walls shall be measured from the bBase #Flood eElevation plus
Freeboard.
3.5.2 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, or up to a total Height
of thirty (30) feet when a retail establishment is located in the Special Flood
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.
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File ID: 4943 Enactment Number: 13831
Hazard Area, given that the finished floor of the ground level meets the Average
Sidewalk Elevation. A single floor level exceeding fourteen (14) feet, or twenty-
five (25) feet at ground level retail (or thirty (30) feet at ground level retail within
the Special Flood Hazard Area), shall be counted as two (2) Stories; except for
T6-36, T6-48, T6-60, T6-80, and D1, 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. Where the first two stories are retail, their
total combined Height shall not exceed thirty-nine (39) feet (forty-four (44) feet in
the Special Flood Hazard Area) and the first floor shall be a minimum of fourteen
(14) feet in Height (nineteen (19) feet in the Special Flood Hazard Area).
Mezzanines may not exceed thirty-three percent (33%) of the Habitable Space
Floor Area, except for D1, where mezzanines may not exceed fifty percent (50%)
of the Habitable Space Floor Area. Mezzanines extending beyond thirty-three
percent (33%) of the Floor Area, or fifty percent (50%) of the Floor Area in D1,
shall be counted as an additional floor. 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.
*11
Section 4. The Miami 21 Code is further amended by amending Article 5, Section 5.3,
titled "Sub -Urban Transect Zones (T3)," in the following particulars:1
"5.3 SUB -URBAN TRANSECT ZONES (T3)
5.3.2 Building Configuration (T3)
a. Development within Private Frontages shall comply with Article 4, Tables 2
and 6 and Illustration 5.3. For T3-R and T3-L, second story lot coverage
shall not exceed thirty percent (30%).
b. Encroachments shall be allowed as follows: At the First Layer, stairs may
encroach up to eight (8) feet of the depth of the Setback. In the event an
existing Building is raised in order to bring the finished floor elevation above
the Base Flood Elevation plus Freeboard, stairs and ramps required for
vertical circulation may encroach one hundred percent (100%) of the
Setback by process of Waiver. Open Porches shall be at a minimum seven
(7) feet deep and may encroach up to eight (8) feet of the depth of the
Setback. At the First Layer, cantilevered portions of Awnings, balconies, bay
windows and roofs shall be a maximum three (3) feet deep and may
encroach up to three (3) feet of the depth of the Setback. Other cantilevered
portions of the Building shall maintain the required Setback. At the Second
and Third Layers, Awnings, balconies, bay windows, chimneys, roofs and
stairs may encroach up to fifty percent (50%) of the depth of the Side
Setback or three (3) feet, whichever is less. At the Third Layer, Awnings and
canopies may encroach up to fifty percent (50%) of the depth of the Rear
Setback.
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e. Building Heights shall be measured in Stories and shall conform to Article 4,
Table 2 and be as shown in Illustration 5.3. The first -floor elevation of a
Principal Building shall be a maximum of two and a half (2.5) feet above
grade, or as regulated by FEMA Base Flood Elevation with a minimum of
one (1) foot to a maximum of five (5) feet of Freeboard, whichever is higher.
A flat roof shall be a maximum of two Stories and twenty-five (25) feet. A
pitched roof shall be a maximum of twenty-five (25) feet to the eave and
shall not exceed ten (10) feet overall Height above the second Story.
*11
Section 5. The Miami 21 Code is further amended by amending Article 5, Section 5.4,
titled "General Urban Transect Zones (T4)," in the following particulars:
"5.4 GENERAL URBAN TRANSECT ZONES (T4)
5.4.2 Building Configuration (T4)
b. Encroachments shall be allowed as follows: At the First Layer, stairs may
encroach up to fifty percent (50%) of the depth of the Setback. In the event
an existing Building is raised in order to bring the finished floor elevation
above the Base Flood Elevation plus Freeboard, stairs and ramps required
for vertical circulation may encroach one hundred percent (100%) of the
Setback by process of Waiver. Open Porches shall be at a minimum seven
(7) feet deep and may encroach up to fifty percent (50%) of the depth of the
Setback. At the First Layer, Cantilevered portions of Awnings, balconies, bay
windows and roofs shall be at a maximum three (3) feet deep and may
encroach up to thirty percent (30%) of the depth of the Setback. Other
cantilevered portions of the Building shall maintain the required Setbacks. At
the Second and Third Layers, Awnings, balconies, bay windows, chimneys,
roofs, and stairs may encroach up to fifty percent (50%) of the depth of the
Setback or three (3) feet, whichever is less. At the Third Layer, Awnings and
canopies may encroach up to fifty percent (50%) of the depth of the
Setback.
f. Building Heights shall be measured in Stories and shall conform to Article 4,
Table 2 and be as shown in Illustration 5.4. The first -floor Elevation of a
Principal Building shall be at average Sidewalk grade; a first -floor
Residential or Lodging Function should be at a minimum Height of two (2)
feet and a maximum Height of three and a half (3.5) feet for privacy reasons
or as rcgulated by FEMA Base Flood Elevation with a minimum of one (1)
foot to a maximum of five (5) feet of Freeboard, whichever is higher. The
height of the building shall be up to three (3) Stories, and a maximum of forty
(40) feet to the top of the roof slab.
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*11
Section 6. The Miami 21 Code is further amended by amending Article 5, Section 5.5,
titled "Urban Center Transect Zones (T5)," in the following particulars: I
"5.5 URBAN CENTER TRANSECT ZONES (T5)
5.5.2 Building Configuration (T5)
b. 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, roofs
and Facade components promoting energy efficiency such as shading and
Screening devices that are non -accessible, may encroach a maximum of
three (3) feet into the Setback. Other cantilevered portions of the Building
shall maintain the required Setback. In the event an existing Building is
raised in order to bring the finished floor elevation above the Base Flood
Elevation plus Freeboard, stairs and ramps required for vertical circulation
may encroach one hundred percent (100%) of the Setback by process of
Waiver. At the Second and Third Layers, no encroachments are permitted.
g.
Building Heights shall be measured in Stories and shall conform to Article 4,
Table 2 and be as shown in Illustration 5.5. The first floor elevation shall be
at average Sidewalk grade. A first floor Residential or Lodging Function
should be raised a minimum of two (2) feet and a maximum of three and a
half (3.5) feet above average Sidewalk grade for privacy reasons, or Base
Flood Elevation with a minimum of one (1) foot to a maximum of five (5) feet
of Freeboard, whichever is higher. Existing one Story Structures shall be
considered conforming and may be enlarged.
*11
Section 7. The Miami 21 Code is further amended by amending Article 5, Section 5.6,
titled "Urban Core Transect Zones (T6)," in the following particulars:
"5.6 URBAN CENTER TRANSECT ZONES (T6)
5.6.2 Building Configuration (T6)
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
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g.
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, 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, Facade components
promoting energy efficiency such as shading and Screening devices, that
are non -accessible or balconies may encroach a maximum of three (3) feet.
In the event an existing Building is raised in order to bring the finished floor
elevation above the Base Flood Elevation plus Freeboard, stairs and ramps
required for vertical circulation may encroach one hundred percent (100%)
of the Setback by process of Waiver.
Building Heights shall be measured in Stories and shall conform to Article 4,
Table 2 and be allocated as required in Illustration 5.6. First -floor elevation
shall be at average Sidewalk grade. A first level Residential Function or
Lodging Function should be raised a minimum of two (2) feet and a
maximum of three and a half (3.5) feet above average Sidewalk grade for
privacy reasons, or Base Flood Elevation with a minimum of one (1) foot to a
maximum of five (5) feet of Freeboard, whichever is higher. Existing one
Story Structures shall be considered conforming and may be enlarged.
*11
Section 8. The Miami 21 Code is further amended by amending Article 7, Section
7.1.2.5, titled "Waiver," in the following particulars: 1
"7.1.2.5 Waiver
28. Encroachment of stairs and ramps into the setback for existing buildings
being raised above the Base Flood Elevation plus Freeboard. (Article 5,
Sections 5.3.2.b, 5.4.2.b, 5.5.2.b, and 5.6.2.c)
29. As appropriate to the nature of the Waiver involved and the particular
circumstances of the case, Waivers up to ten percent (10%) of any
particular standard of this Code except Density, Intensity and Height, may
be granted when doing so promotes the intent of the particular Transect
Zone where the proposal is located; is consistent with the guiding
principles of this Code; and there is practical difficulty in otherwise
meeting the standards of the Transect Zone, or when doing so promotes
energy conservation and Building sustainability. The inability to achieve
maximum Density, Height, or floor plate for the Transect shall not be
considered grounds for the granting of a Waiver. This Waiver cannot be
combined with any other specified Waiver of the same standard.
* *„
Section 9. The Miami 21 Code is further amended by amending Article 7, Section 7.2,
titled "Nonconformities: Structures; Uses; Lots; Site Improvements; and Signs," in the following
particulars:1
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File ID: 4943 Enactment Number: 13831
"7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS;
AND SIGNS
7.2.3 Alterations and Expansion of Nonconforming Structures
a. Single -Family Residences and Duplexes
1. Interior alterations to a nonconforming Single -Family Residence or
duplex for interior work such as repairs or interior remodeling shall be
allowed.
2. Alterations, additions, repairs and maintenance to a nonconforming
Single -Family Residence or duplex shall be permitted as long as there
is no enlargement of any nonconformity that affects the exterior of the
Building or premises.
3. Where alteration, addition, repair or maintenance enlarges a
nonconformity affecting the exterior of the Building or premises, the
enlargement may be permitted by Waiver from the Zoning
Administrator.
b. All other Structures
1. Less than fifty percent (50%) of square footage of Structure.
Alterations which enlarge the nonconformity of a nonconforming
Structure to an extent of less than fifty percent (50%) of the total
square footage of the nonconforming Structure may be permitted by
Exception from the Planning, Zoning and Appeals Board.
2. Fifty percent (50%) or more of square footage of the Structure.
A nonconforming Structure may be altered to enlarge the
nonconformity of the Structure by fifty percent (50%) or more of the
total square footage of the nonconforming Structure only if the
Structure thereafter conforms to the Transect Zone in which it is
located.
3. The raising of a nonconforming Structure, in order to bring the finished
floor elevation above the Base Flood Elevation as determined by
FEMA and does not enlarge the nonconformity, shall be permitted.
*11
Section 10. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance should not be affected.
Section 11. This Ordinance shall become effective immediately upon its adoption.2
2 This Ordinance shall become effective as specified herein 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
herein, whichever is later.
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File ID: 4943 Enactment Number: 13831
APPROVED AS TO FORM AND CORRECTNESS:
1/15/2019 Barnaby I_. Min, Deputy City Attorney 3/19/2019
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