HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 7256
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE SPECIFICALLY,
AMENDING APPENDIX "A" OF MIAMI 21, TITLED "NEIGHBORHOOD
CONSERVATION DISTRICT," TO INCORPORATE ADDITIONAL
HEIGHT ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami
PURPOSE: This text amendment to the Miami 21 Zoning Code will allow new
construction and redevelopment within the Neighborhood Conservation Districts to raise
habitable structures out of the flood plain with added Freeboard, up to five feet above
the Base Flood Elevation.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on February
19, 2020, by a vote of 7-0.
City of Miami File ID: 7256 (Revision:) Printed On: 5/2/2025
City of Miami
Legislation
Ordinance
Enactment Number:13910
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 7256 Final Action Date: 6/25/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE SPECIFICALLY,
AMENDING APPENDIX "A" OF MIAMI 21, TITLED "NEIGHBORHOOD
CONSERVATION DISTRICT," TO INCORPORATE ADDITIONAL HEIGHT
ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the Miami City Commission adopted Ordinance No.
13114 as the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code");
and
WHEREAS, on March 23, 2017, the Miami City Commission passed 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 2060;
and
WHEREAS, the City will consider and incorporate future sea level rise projections from
the SFRCCC; 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), Florida Statutes;
and
WHEREAS, the City has over 12,000 properties within the CHHA, comprising roughly
5,716 acres within the City; and
WHEREAS, the majority of properties within the CHHA are designated "T3," Sub -Urban
Transect, and "T6," Urban Core Transect; and
WHEREAS, for the safety, well-being, 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 into the construction and reconstruction of properties within areas
prone to flooding, with consideration of future risk due to sea level rise; and
City of Miami File ID: 7256 (Revision:) Printed On: 5/2/2025
WHEREAS, the addition of Freeboard to height requirements has many benefits,
including reducing the amount of at -risk properties from flood damage and reducing National
Flood Insurance Program ("NFIP") premiums for property owners; and
WHEREAS, on March 28, 2019, the City Commission adopted Ordinance No. 13831,
which amended the Miami 21 Code to allow for Freeboard and additional flood resilience
measures in the City; and
WHEREAS, an amendment to Appendix "A" of the Miami 21 Code is required so that
Freeboard is applied to the areas located in Neighborhood Conservation Districts ("NCDs"); and
WHEREAS, on February 19, 2020, at a duly noticed public hearing, the Planning, Zoning
and Appeals Board ("PZAB") conducted a public hearing and recommended approval of the
proposed text amendment and adopted Resolution No. R-20-012 by a vote of seven to zero (7-
0); and
WHEREAS, the City Commission has considered whether the proposed amendment will
further 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
proposed change, including changed or changing conditions that make the passage of the
proposed change 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.
Section 2. The Miami 21 Code is further amended by amending Appendix "A", titled
"Neighborhood Conservation District," in the following particulars:1
"Appendix A - Neighborhood Conservation District
A.1. CORAL GATE (NCD-1)
1.7 Height
Height is limited to a maximum of twenty-five (25) feet from flood level Base Flood
Elevation with a minimum of one (1) foot to a maximum of five (5) feet of Freeboard or average
sidewalk elevation, whichever is higher. No variances for height shall be allowed.
A.2. VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)
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._
City of Miami File ID: 7256 (Revision:) Printed On: 5/2/2025
2.4.2 Single Family Residential District
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
Base Flood Elevation with a minimum of one (1) foot to a maximum of five
(5) feet of Freeboard 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.
A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT NCD-3
3.6 Single -Family Residential District
* * *
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
Base Flood Elevation with a minimum of one (1) foot to a maximum of five
(5) feet of Freeboard 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.
k. Single Family Estate Lot Residential designation
4. Height
Height is limited to two full stories from grade or minimum FEMA
cicvation as dcfincd within this cods Base Flood Elevation with a
minimum of one (1) foot to a maximum of five (5) feet of Freeboard,
City of Miami File ID: 7256 (Revision:) Printed On: 5/2/2025
whichever is higher. Height is measured to the bottom of the eave.
Variations to the Height requirement may be allowed for skylights or
solar panels not exceeding three (3) feet above the roof. Such
structures shall not cover more than ten (10) percent of the roof
structure.
*„
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 Miami 21 Code, 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 ten (10) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
"ndez, ity (tor
ndez, ity Attor ey 5/26/2020
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.
City of Miami File ID: 7256 (Revision:) Printed On: 5/2/2025