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HomeMy WebLinkAboutOrdinanceCity of Miami Ordinance Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3001 Final Action Date: 2/25/2021 MAY BE WITHDRAWN AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICTS", BY AMENDING SECTION A-2: "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)" AND SECTION A-3: "COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3)" WITH NEW REGULATIONS, STANDARDS, AND GUIDELINES FOR FUTURE DEVELOPMENT WITHIN THE COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICTS; PROVIDING FOR CERTAIN DEVELOPMENT STANDARDS WITHIN THE NCD-3 TO APPLY TO THE NCD-2 IN THE ABSENCE OF THE SAME DEVELOPMENT STANDARDS BEING ADDRESSED WITHIN NCD-2; PROVIDING FOR THE ANCILLARY UNIT USE IN THE T3-R AND T3-O TRANSECT ZONES IN NCD-2; PROVIDING FOR BED AND BREAKFAST AND GENERAL COMMERCIAL USES BY EXCEPTION WITHIN HISTORICALLY DESIGNATED STRUCTURES IN THE T3-R, T3-L, AND T3-O TRANSECT ZONES WITHIN NCD-2; PROVIDING FOR BUILDING SITE ESTABLISHMENT PROCEDURES; PROVIDING FOR SUPPLEMENTAL DEVELOPMENT STANDARDS FOR THE NCD-2 AND NCD-3 CONCERNING HEIGHT, LOT COVERAGE, ACCESS, LOADING, LANDSCAPING, AND OTHER DEVELOPMENT CONDITIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Ken Russell WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the City of Miami's ("City") Zoning Ordinance ("Miami 21 Code"); and WHEREAS, Appendix A of the Miami 21 Code contains the Neighborhood Conservation District regulations, titled "Village West Island District and Charles Avenue" ("NCD-2") and "Coconut Grove Neighborhood Conservation District" ("NCD-3"); and WHEREAS, the intent of the NCD-2 is to identify and recognize areas in Coconut Grove that are historically significant; to promote gateways, gathering places, and activities corresponding to its culture and heritage; to compliment the character of the entire community and promote the history of the Island District; and to promote its successful revitalization and restoration; and WHEREAS, the intent of the NCD-3 is to establish a series of protective legislative elements to preserve the historic, heavily landscaped character of Coconut Grove's residential areas; enhance and protect Coconut Grove's natural features such as the tree canopy and green space; and protect the architectural variety within the unique single-family neighborhood that comprises Coconut Grove; and City of Miami Page 1 of 49 File ID: 3001 (Revision: A) Printed On: 5/15/2025 File ID: 3001 Enactment Number: WHEREAS, it has been determined that modifications to Appendix A are required to provide clarity and enforcement mechanisms that further advance the intent of the NCD-2 and the NCD-3 regulations; and WHEREAS, the Planning Department has identified the need to reformat the NCD-2 and the NCD-3 regulations to match the Miami 21 Code format, providing further clarity and enforcement ease; and WHEREAS, the proposed regulations have resulted from an extensive public outreach process, engaging the community to identify specific regulations in need of modification to ensure neighborhood conservation of physical and social character; and WHEREAS, the proposed regulations further advance the original intent of the NCD-2 and the NCD-3 to preserve the social and physical characteristics unique to Coconut Grove; and WHEREAS, the proposed regulations introduce additional protections for green areas, which will help to maintain the physical characteristics of natural, lush, heavily landscape residential areas; and WHEREAS, the proposed regulations also protect the physical characteristics by limiting residential lot sizes, building footprints, frontage treatments, and other site disposition requirements; and WHEREAS, the proposed regulations introduce development incentives to facilitate and encourage the development of Affordable and Attainable Housing Units within the Commercial Corridors; and WHEREAS, the proposed language modifies Section A.2., titled "Village West Island District and Charles Avenue" ("NCD-2"), and Section A.3., titled "Coconut Grove Neighborhood Conservation District" ("NCD-3"), of Appendix A of the Miami 21 Code while retaining the respective existing boundaries of the NCD-2 and NCD-3 as they have existed since the adoption of the Miami 21 Code; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on June 20, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-032 by a vote of eight to one (8 - 1), Item No. PZAB. 5, recommending approval of the proposed text amendment; and WHEREAS, consideration has been given to whether the proposed text amendment will further the goals, objectives, and policies of the Miami Neighborhood Comprehensive Plan, the Miami 21 Code, and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed text amendment, including changed or changing conditions that make the passage of the proposed text amendment necessary; and WHEREAS, the City Commission conducted a public hearing on the proposed text amendment and after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its residents to amend the Miami 21 Code as hereinafter set forth; City of Miami Page 2 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami 21 Code is further amended by amending Appendix A: Neighborhood Conservation District-2 ("NCD-2") and Neighborhood Conservation District-3 ("NCD-3") in the following particulars:1 "APPENDIX A: NEIGHBORHOOD CONSERVATION DISTRICTS TABLE OF CONTENTS 2.1 Boundaries Marler Avenue along the south. More specifically depicted on the Miami 21 Atlas. 2.2 Intent Village West Island District is of special and substantial public interest due to the unique role of Grand Avenue and Douglas Road as the "Main Streets" for the surrounding Village West Island Village West Island District in general. On Charles Avenue this NCD 2 will help define the uses and deigns of buildings and help maintain the scale and character of the existing neighborhood. Both Village Island West and Charles Avenue illustrate the incomparable legacy of the African American community to the City of Miami. The intent of NCD 2 is to identify and recognize this historical significance; to promote gateways, gathering places and activities corresponding to its culture and heritage; to compliment the character of the entire community restoration. Charles Avenue (originally Evangelist Street) has historically housed some of the original Bahamian settlements within the Village West Island District that occupics thc ncighborhoods around the intcrscction of Douglas Road and Grand Avenue. This street has been degraded integrity to become a historic district; however, it is of special and substantial public interest due to its historic identity and remaining historic structures. This designation will encourage appropriatc infill to prcscrvc thc contcxt of historic sites on Charles Avenue, including: the Mariah Brown House, home of the first Bahamian settler; the Historic Black Cemetery; the E.F. Stirrup House, home of the first black doctor; historical churches, and several other historic homes. 2.3 Effect of NCD 2 district designation. The effect of these NCD 2 regulations shall be to modify transect regulations included within the NCD boundaries to the extent indicated herein. 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 Page 3 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: Nothing in these regulations shall be construed as to prohibit additional structures or neighborhoods to become Historic Preservation Overlays. review under the Tree Preservation Ordinance. All submittals shall contain a tree survey by a certified arborist. 2 A 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 cuch requirements conflict, NCD 2 requirements shall apply. 2 A 1 Charles Avenue required to be reviewed by the process of Waiver. To ensure the compatibility of new const coon n le vent ie the design for any new condo action shall also he 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 c\arly African American settlers. `) A 2 Sinnle 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 thc same, similar or duplicate architectural plans. Adjacent buildings under such conditions shall be substantially differentiated in massino footprint and exterior detailinn 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 acce-sory 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 highcr. In addition to thc maximum hcight 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) sg, hire feet in area nr less may reach a maximum hcight of thirty (30) feet or as rcquircd by thc fire codc. For Lots with Icsc than ten thousand (10,000) square feet in area, the height limitation for accessory structures shall be thirteen (13) feet. c. Grccn Space The minimum green space requirement shall be three tenths (0.3) times the Lot area. The use of perm able material for surfaces in thc rcquircd yard may alley-o-2-5% reduction in the required green space. f. Permitted Acce-sory Uses and Structurca Acce-sory uses and structures are as permitted in the underlying transect zone, except that detached garages or car shelters on lots ten thousand (10,000) square feet or larger City of Miami Page 4 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: g. nnay include a second story as long as the allowable floor lot ratio and building footprint arc not cxcccdcd. Said sccond story may only be used as an owner occupied accessory structure. Two story accessory structures shall have the same setback requirements as spccificd for two story principal buildings. Additional Limitations and requirement 1. Lots and building sites: structure(s) is located on one or more platted lots or portions thereof, such lots shall ther fter 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 oracle or abode groi ind improvements Nob iilding sitcs in cxistcncc prior to Scptcmbcr 2/1, 2005 shall be diminished in size except 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 tia ce the street shall be set heck a minima im 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 hi wch have a maximum depth oar less t sixty ( Teet, ay be set hack 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 strcct front rcquired setbacks. (d) Driveways within a single building site shall not be located closer than twenty five (25) feet to each other. (e) Except as reouirer! for the rdrivewa y approach no portion of any driveway in a required yard adjacent to a street shall be within five (5) feet of any property line other than as may be required to allow for turnaround maneuver, in which case said driveway shall be constructed of permeable material in its entirety. (f) Tandem parking shall be allowed. (g) Garage doors which are more than nine (9) feet wide shall not be allowed. 3. Fences: All fences located within any strcct front sctback ar shall be covcrcd from the public right of way view by plant material except when said fence is faced or constructed with oolitic limestone. /1. Landscaping: All landscape shall comply with the City's landscape and tree protection ordinances. h. Setbacks 1. Principal Building: Setbacks are variable to allow for a variety in architecture and placement of the building footprint. Projections of buildings into required setbacks shall be permitted subject to the criteria and requirements specified herein. {a) Minimum Front Setbacks: The minimum front setback shall be thirty (30) feet. The structure may project a maximum of ten (10) feet into the minimum required setback of thirty (30) feet provided said projection does not exceed thirty (30) feet in width along the front of the building. Unenclosed porchcs, cntrics, or loggias City of Miami Page 5 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: niay project a maximum of fifteen (15) feet into the minimum required setback of thirty (30) feet. On corner lots the structure may project a maximum of fifteen (15) feet into the minimum required setback of thirty (30) feet. (b)Minimum Side Setbacks: The minimum side setback shall be five (5) feet, except for corner lots where the leisside-set scent to the -street shawl -be -ten Teet. The r in T total side setbacks to be distributed shall be as established in the following table: TABLE INSET: More than 10,000 Story of Second Story of Structure Sfn u-re 10 feet 15 feet 25 feet Corner Lots First Story of Structurc 15 feet Corner Lots Second Story of Structurc 20 feet 25 feet 15 feet 25 feet 25 feet 35 feet (c)Minimum Rear Setbacks: The minimum rear setback shall be twenty (20) feet. (d)Accessory Buildings: The minimum side setbacks shall be ten (10) feet. The minimum rear setback shall be ten (10) feet. The maximum width of said connection shall be ten (10) feet. 2 5 Village West Islam! Commercial Districts a. Limitation. The square footage of individual retail establishments within Coconut Grove Corridors defined in Appendix A, Section 3.5 shall be limited to a maximum size of twenty thousand (20,000) square feet in total floor area used for retail and related services, except as may be modified below for "large --scale retail establishments." Retail specialt„ centers as defined incity Cede Sec. '1 2 sated ad'�acent-to C�a rove vp c vice i c�cc i � cc i a� � -aaJac Corridors listed in Appendix A, Section 3.5, may be approved by a Warrant. Special event Class I permits arc cxcmptcd from thc limitations of this section. b. "Large scale retail cstablishmcnt" dcfincd. A "large scalc rctail cstablishmcnt" for the purposes of NCD 2 is defined as a retail establishment or combination of commercial retail establishment(s), including membership establishments with any commercial retail use, of over twenty thousand (20,000) square feet in gross floor area. The gross floor or a includcs building gross floor area and ancillary outdoor storage or merchandise display areas. For the purposes of this definition, the floor area does not include motor twenty thousand (20,000) square feet of floor area, the aggregate square footage of all adjaccnt stores or rctail tcnants that share common checkout stands or a controlling c. Exception required for Large Scale Retail establishments. A "large scale retail cstablishmcnt" within thc Coconut Grovc Corridors listed in Appendix A, Section 3.5 shall be permitted only by Exception. d. Site requirements. In addition to all requirements in the applicable zoning district, 1. Maximum size of retail establishment. The maximum size of any individual retail cstablishmcnt within any Coconut Grovc Corridor shall be seventy thousand {70,000) square feet. No individual retail establishment within a Large Scale City of Miami Page 6 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: Retail establishment shall be permitted which exceeds seventy thousand {70,000) square feet. 2. Minimum lot dimensions. "Large-scale retail establishments" may be permitted elusively in lots having a minimum net area of two (2) acres. Properties which do not meet the two acre size limitation shall be limited to individual establishments of twenty thousand (20,000) square feet or less. 3. Minimum setbacks and build to lines Large Scale Retail establishments shall have the following minimum setbacks: {-a)-A-1:1-y-fren-t-Gr-side-setbaerk-alautti-ng-a-p-u-lak-rigrA-Gf-way-er-1:141:1-reeideRtially zoned property build to line is twenty (20) feet. The area from the build to line to the right of way line shall be used for permanent sidewalks with illumination, pedestrian amenities, or landscaping, except in areas as required for emergency acccss, or where driveway entrances are located. Landscaping in this setback ar shall count toward the green space-req-u+rerrieet.,- +s area may not be used for parking or loading at any time. (b) Side or rear lot line abutting a residentially zoned property: setback is fifty (50) feet. The setbtackshall include a 20oot-heav„y IandsGaped b-61ffer-c rea. IIf an acccss alley, parking, loading door, delivery area, or inventory storage area is re psent along -this si;de-oltt erty,, hen thesetbac carea sshacrlalso include an eight foot high masonry wall inside of the 20 foot landscape buffer. /1. Building orientation and facades. {a) Building facades and elevations shall be designed to minimize the visual impacts of the scale of the building. (b) Large-scale retail structures may be oriented with their entrances toward arterial or collector roadways as defined in the City Comprehensive Plan. {c) Any side with regular public ingress/egress point(s) is to be considered a front. Regular public ingress/egress to the building shall not be located facing residential uses. There may be more than one (1) front. Front and side facade design shall include the following design features to minimize scale impacts and promote activated street frontages: (i) Building design variations at intervals no greater than fifty (50) feet. (ii) Storefront windows, with interior spaces visible and lit from within at night, equal to at I ast fifty (50) perccnt of thc lin ar length of ground floor wall on building front elevations as defined herein. Window spacing should be such that no more than twenty (20) percent of the length of the wall may have an uninterrupted length without storefront windows. 5. Vehicular acce-s. Primary ingress and egress to the site must be provided from the arterial(s) and not from secondary roads or collectors and subject to the following: (a) Except as regi iirerl for emergency access vehicular driveways shall not be along local roadways as dcfined in the City Comprehensive Plan. (b) Except where required for emergency accesc or other compelling public safety reasons „ehicular driveways shall not be Ioeatod-within one hundred {100) feet of residentially zoned land along the same side of thc street, as measured from the nearest point of the driveway. shall only be from arterial roadways and located no loss than one hi ndred (100) feet from residentially zoned land along the same side of the street, as measured from the nearest point of the driveway. (d) Where large and bulk merchandise sales are expected, customer pick up accesrsiegress all-bclea defined in t e- ite plan and shall onl y bo from 0 arterial roadways and located no loss than one hi indred (1 00) feet from City of Miami Page 7 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: reccidentiallyzoned lan�and-along t same �o of the street as mead iren from the rr rrr� c-vr acre ci-rTrrccraarca�rvirrcrr�. nearest point of the driveway. 6. Darr g and Innuroading ieguirementss. (a) Ono (1) crane per every two hi indred (250) square feet of gross floor area shall be required for a "large scale retail establishment." All required parking must be provided onsite. (b) Along collector roads as defined by the City Comprehensive Plan, setback buffers, building design or other feats shall screen parking such that no more than thirty (30) percent of the parking lot or facilities are visible from the roadway. (c) Along local roads as defined by the City Comprehensive Plan, setback Puffers, building design or other feat res shall completely screen parking such that the parking lot or facilities are not visible from the roadway, except for distances as required by driveways or emergency access. (d) All loading and deliveries shall be adjacent to an arterial roadway. Said loading and delivery areas shall be screened from public view by an eight foot wall. 7. Green space. A "large-scale retail establishment" shall implement landscaping in an ar equal in size to, or greater than, fifteen (15) percent of the gross lot area. Landscaping shall be implemented generally so as to provide ample shade areas in the parking lot and abutting sidewalks}and to minimize the visual impact of the structure and paticii�-..spacace on the street pe. To this end a landscape plan for the site shall be submitted to the Planning Department for review and approval by the Planning and Zoning Advisory Board as part of the required Exception. 8. Buffer. Wherever the property abuts another property with a more restrictive foot wide heavily landscaped buffer. This buffer shall include Florida native trees at no Icss than fifteen (15) to twenty (20) feet in height, with a diameter at breast height of no Tess than four ('I) to five (5) inches spaced on 15-foot centers. Also included in this buffer shall be hedging and ground cover. This buffer shall be included in the required landscape plan. 9. Fences and walls. Fences and walls shall be erected to a minimum height of cight (8) fcct whcrcvcr thc property abuts anothcr property with a more restrictive zoning designation. c. Location of "Iargc ccalc rctail cctablichmcnt." A "Iargc scale retail establishment" shall be located exclusively on a lot having frontage on one (1) or more arterial roads. f. Hours of operation. Exccpt for spccial cvcnts rcquiring Claims I permits, a "Iargc scale retail establishment" shall open no earlier than 7:00 a.m. on weekends and 8:00 a.m. on weekdays and shall close no later than 11:00 p.m. on weekends and 10:00 p.m. on weekdays. Deliveries to or from any "large scale retail establishment" shall be limited to the hours of 10:00 a.m. through 3:00 p.m. Monday through Saturday. g. Variances prohibited. No variances from the provisions set forth in the site requirements or hours of operation are permitted. 2.5.1 Mixed Use Cultural District Boundaries. all properties locator! on Grand /avenue between Margarct Strcct on thc cast and Avenue on the north. The Mixed Use Cultural District is intended to give a distinctive cultural character to retail and commercial uses on Grand Avenue and Douglas Road. The intent is to enhance these corridors as a tourist destination, cncouragc hcritage retail and cultural/historic businesses, support current resident owned businesses, promote a cultural facade, provide more culturally themed busine-ses, establish a critical ma-s of retail and provide a culturally themed bridge to all other parts of the District by promoting the culture of the community in this short corridor and City of Miami Page 8 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: entranceway to thc commercial main street. To this end, the district is dedicated primarily to ci ilti iral entertainment that reflect a Caribbean culture a. Use Regulations The Mixed Use Cultural District shall permit the following Uses in addition to those which are permitted in the underlying transect zones: 1 Permanent ctn icti irec proyirding fore Straw Market with Caribbean crafts foordc with a mandatory referral to the rdictrict NET 4rdminictrator and limiter! to the follnw4tems for--salTeHe-r-tage re•tail ffoods, a—c parel souvenirs• bookctorec anrd mi isic anrd entertainment reflective of that foi inrd in the Caribbean 2. "Large-scale retail establishments" exclusively for the sale of groceries and not ceeding forty thousand (010,000) square feet shall be permitted within the Mixed Use Cultural District only for properties with an underlying T5 Transect Zone brrc-�y-processs f Warrant "Groceries" are definer! ac food products dry groceries (such as meats, poultry, seafood, sushi, dairy products, frozen foods, fruits, vegetables, deli items, prepared foods, baked goods, health and beauty products pharmacei iticalc anrd alcoholic beverages) or services commonly r provided in a grocery store in Miami Dade County. 3. Other permissible uses along ground floor locations include: Bars, saloons, taverns, private clubs, supper club c ding fie with dancing and live overlay districts. /1. Sales display and outdoor dining within open or partially open space. 5. Vending in open space as per the City of Miami's Vending in Open Space Regulations. b. Height In order to ensure appropriate scale of infill development along Grand Avenue and Douglas Road, irrespective of thc underlying zoning limitations, new single Usc structures. shall be limited to a maximum of fifty (50) feet and mixed use structures shall be limited to sixty two (62) feet to be accommodated in no more than five (5) stories. c. Architectural Guidelines All establishments and busine"ses in the Mixed Use Cultural District shall conform to the Village Island West and Grand Avenue Architectural and Urban Deign architectural facades as described and as examples are shown within the guidelines. d. Additional Regulation 1. Existing businesses established prior to the adoption of this code shall be allowed to remain in thc Mixcd Use Cultural District regardle-s of their cultural theme without being considered nonconformities. 2. Underground parking shall be permitted in T3 Transect Zones by Warrant for those properties which abut T5 Transect Zones along Grand Avenue between SW 37th Avenue and SW 32nd Avenue. Any T3 designated properties which have underground parking shall be required to be developed with Residential Structures for Residential Use on the surface of the underground parking structure. No replat is required if the T3 Transect Zone properties are tied to the property abutting Grand Avenue by a covenant in lieu of Unity of Title. Density limitations shall apply as per the underlying Transect Zone without the limitation of one (1) unit per lot of record for T3 R and two (2) units per lot of record for T3 0 and the following minimum setbacks shall apply: {a) T3 R Properties (i) Front: twenty (20) feet City of Miami Page 9 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: (ii)Side: five (5) feet (iii)Rear: zero (0) feet (b) T3 0 Properties (i) Front: ten (10) feet (ii) Side: Zero (0) feet (iii) Rear: Zero (0) feet {c) Minimum required setbacks may be reduced through the Warrant process. 2.5.2 Market District east and Elizabeth Street to the west. The Market District is intended to foster community markets along a portion of Grand Avenue Caribbean nations and heritage of the surrounding community. a. Use Regulations. The Market District area shall permit the following uses, in addition to those which are permitted in the underlying transect zone: 4 Farmer's markets and Caribbean crafts and food markets that specialize in the sale of crafts and fresh fruits and vegetables are permitted within this district, s bject to a Warrant with a mandatory referral to the district NET Administrator Al egulatie-n-s-contairn'-ed thi ode are applicable and further cubjent to the following limitations: {a) Any outdoor market must be located on a parcel of no less than fifteen thousand (15,000) square feet of lot area. (b) An outdoor market shall be limited to no more than sixty five (65) percent of the area of the subject parcel in display area. {c) An outdoor market may not include any permanent structures. All display tables and other such material must be removed at the end of the permitted time of operation. (d) The outdoor market display area shall be located along the Grand Avenue frontage and be set back no less than twenty five (25) feet from any abutting residentially zoned property. {e) No outdoor market may be located closer than one thousand five hundred {1,500) feet from another outdoor market. (g) 0nly handmade crafts o fresh fruits andg veetables prepared raw feeds and e drinks derived from fresh fruits and vegetables may be sold in an outdoor market within this district. b. Additional Regulations 1. All establishments and busine"ses in the Market District shall conform to the Village Island West and Grand Avenue Architectural and Urban Design architectural facades as described and as examples are shown within the guidelines. 2. Existing businesses established prior to the adoption of this code shall be allowed to remain in the Market District regardless of their cultural theme without being considered nonconformities. Article 1. Definitions 1.1 Boundaries 1.2 Definitions of Terms Article 2. General Provisions City of Miami Page 10 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: 2.1 Purpose and Intent 2.2 Applicability Article 4. Standards & Tables 4.1 Parking Requirements Article 5. Specific to Zones 5.3 Sub -Urban Transect Zones (T3) Article 6. Supplemental Regulations 6.2 Village West Island Special Districts A.2. VILLAGE WEST ISLAND CONSERVATION DISTRICT AND CHARLES AVENUE (NOD - ARTICLE 1. DEFINITIONS 1.1 BOUNDARIES Generally described as bounded by City limits to the west, U.S. 1 on the west and north, Bird Avenue to the north, McDonald Street to the east, and Charles Terrace, Franklin Avenue, and Marler Avenue to the south, as more specifically depicted on Diagram A2.1. Diagram A2.1: 2 The referenced Articles and Sections correspond with the appropriate Miami 21 Code Articles and Sections. City of Miami Page 11 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: City of Miarni Coconut Grove: Minimum Size after Diminishment Coconut Grove Conservation District Lot Sizes Minimum Lot Size after Diminishment 5,000 sq.e. minimum _ 7,500 aq 1t minimum 20,1100 win. minimum di 1011 ft width minimum _ 40 000 zq fi. minimum S 900 ft. width minimum vnage Weet Wand and Charles Avenue NC0.2 1.2 DEFINITIONS OF TERMS Building Site: One or more Lots, or portions of Lots, that are aggregated to form a single residential site including platted and unplatted Lots. Evidence identifying a Building Site may include: City tax records, covenants, unity(ies) of title, deeds, permits, subdivision records, and the City of Miami Municipal Atlas. Carport: A portion of a Principal residential Building or a Building accessory to a residential Use designed to be used for shelter of motor vehicles, unenclosed at the vehicular entry side and for at least thirty percent (30%) of the combined three (3) remaining perimeter boundaries. Where enclosure exceeds this amount, the shelter shall be considered a garage. Floor Area: The floor area within the inside perimeter of the outside walls of the Building including hallways, stairs, closets, thickness of walls, columns, enclosed parking and other features, and excluding only open-air spaces such as exterior corridors, Carports, Porches, verandas, balconies, and roof areas. Also means Building or Development Capacity. Floor Lot Ratio (FLR): The multiplier applied to the Lot Area that determines the maximum Floor Area allowed above grade in a given Transect Zone. Green and Permeable Space: An Open Space outdoors, at grade, unroofed, landscaped and free of impervious surfaces which inhibit root growth. Green space includes planting, mulch, City of Miami Page 12 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: gravel, and 100% pervious pavements with open -graded base courses and excludes pavers, decks, and impervious hardscape surfaces. See Article 4, Table 7 of the Miami 21 Code. Lot Coverage: In the T3 Transect Zones only, the area of the Lot occupied by all Buildings, excluding single -story unenclosed Structures such as decks, pools, Trellises, Carports, Porches, verandas, pergolas, Pavilions, porticos, Driveways, and pathways. Unenclosed shall mean having no exterior walls other than those that are enclosing interior space of the principal structure. Pavilion: A freestanding roofed or trellised Accessory Structure of one (1) Story or less such as a Carport, garage, cabana, chickee hut, gazebo, storage shed, summer kitchen, picnic structure, outdoor shower, or similar structures. Shall be separated from the Principal Building by minimum of five (5) feet, otherwise it shall be considered part of the Building for Setback purposes. Structures greater than one (1) Story shall be considered Outbuildings; Except for garages and storage sheds, shall be unenclosed on the sides for sixty percent (60%) of its perimeter; Maximum height shall be ten (10) feet to the eave or roof slab including parapets; Sloped roofed Structures shall be a maximum of thirteen (13) feet to the peak. Porch: An open-air room appended to a Building. Trellis: An attached Building element or freestanding Structure with discreet exposed and repetitive overhead horizontal or sloped framing members; Shall be a minimum sixty percent (60%) open along its entire perimeter and seventy-five percent (75%) open to the sky. The depth of framing members shall be the lesser of 24" or the clear space between members. Structures not meeting these requirements shall be considered roofed Structures. Freestanding Trellises shall be considered Pavilions. Also means arbor or pergola. Village West Island Design Guidelines: Architectural and urban design guidelines adopted by the City to protect and reinforce the Caribbean vernacular architectural style traditional of the area. ARTICLE 2. GENERAL PROVISIONS 2.1 PURPOSE AND INTENT Village West Island Neighborhood Conservation District (NCD-2) honors the legacy of the African -American community in the City's History with unique Caribbean and Bahamian character and heritage. Charles Avenue, Grand Avenue, and Douglas Road, north of Grand Avenue, shall maintain the scale and character of the existing neighborhood through sensible development and complementing Historic Resources including the Mariah Brown House, home of the first Bahamian settler; the Historic Black Cemetery; the E.F. Stirrup House, home of the first black doctor; historical churches; and several others Historic Resources. The NCD-2 protects the history of the Village West Island District by promoting its revitalization and restoration of gateways, gathering places, and activities representative of its historic culture and heritage. City of Miami Page 13 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: The Village West Island Neighborhood Conservation District emphasizes the conservation of heritage resources while also focusing on the objectives, goals, and policies included in the NCD-3. 2.2 APPLICABILITY The effect of these regulations shall be to modify transect regulations included within the Village West Island Neighborhood Conservation District (NCD-2) boundaries to the extent indicated herein. Article 5 of the Coconut Grove Neighborhood Conservation District (NCD-3) sets forth the standards applicable to development within each Transect Zone located within the NCD-2 and NCD-3. For development within NCD-2, where NCD-2 conflict with any other regulations, NCD-2 regulations supersede. Where the Village West Island Neighborhood Conservation District (NCD-2) regulations are silent, the Coconut Grove Neighborhood Conservation District (NCD-3) regulations shall apply. Where both the Village West Island Neighborhood Conservation District (NCD-2) and Coconut Grove Neighborhood Conservation District (NCD- 3) regulations are silent, the standards as established in this Code shall govern. All new construction and renovations resulting in additional Floor Lot Ratio ("FLR") within the Village West Island Neighborhood Conservation District (NCD-2) shall be developed in accordance with the Village West Island Design Guidelines. The architectural guidelines are intended to produce visual compatibility among the buildings on Charles Avenue and throughout the NCD-2 District representing building traditions of early South Florida, the Caribbean, and the early African -American settlers. All new construction and renovations resulting in additional Floor Lot Ratio ("FLR") within the Village West Island Neighborhood Conservation District (NCD- 2) shall require review by the Urban Design Review Board ("UDRB") for its compatibility of scale, materials, roof slope, general form, massing, and ornamental details per the Village West Island Design Guidelines. Demolition permits shall require a Warrant 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 and a buildable footprint diagram identifying the developable Lot portions. No Warrant shall be required if the proposed Demolition maintains more than fifty percent (50%) of the original structure; later additions shall be excluded from this calculation. ARTICLE 4. STANDARDS & TABLES - ARTICLE 4. TABLE 3 BUILDING FUNCTION: USES DENSITY (UNITS PER ACRE1 RESIDENTIAL SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT TWO FAMILY RESIDENCE MULTI FAMILY HOUSING T3 SUB -URBAN 9 9 18 R R R R R R R R R R City of Miami Page 14 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: DORMITORY HOME OFFICE LIVE - WORK WORK - LIVE LODGING BED & BREAKFAST INN HOTEL FFICE FFICE COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. ENTERTAINMENT ESTABLISHMENT ENTERTAINMENT ESTAB. - ADULT FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB GENERAL COMMERCIAL ARINE RELATED COMMERCIAL ESTAB OPEN AIR RETAIL PLACE OF ASSEMBLY RECREATIONAL ESTABLISHMENT CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MAJOR FACILITY MARINA PUBLIC PARKING RESCUE MISSION TRANSIT FACILITIES EDUCATIONAL CHILDCARE COLLEGE / UNIVERSITY ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL INDUSTRIAL AUTO -RELATED INDUSTRIAL ESTBL. MANUFACTURING AND PROCESSING MARINE RELATED INDUSTRIAL ESTBL. PRODUCTS AND SERVICES STORAGE/ DISTRIBUTION FACILITY R R R EH EH EH EH EH EH E E E E E E W W W E E E E E E E E E 4.1 PARKING REQUIREMENTS R Allowed By Right W Allowed By Warrant: Administrative Process - CRC (Coordinated Review Committee) E Allowed By Exception: Public Hearing - granted by PZAB (Planning, Zoning & Appeals Board) EH — Allowed By Exception within Historically Designated Structures Boxes with no designation signify Use prohibited. a. In T4, T5, and T6 Transect Zones, including properties abutting T3 Transect Zones, the parking ratio may be reduced within a Transit Oriented Development ("TOD") area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up City of Miami Page 15 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code. ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.2 VILLAGE WEST ISLAND SPECIAL DISTRICTS 6.4.1 Charles Avenue Charles Avenue (originally Evangelist Street) has historically housed some of the original Bahamian settlements within the Village West Island District that occupies the neighborhoods around the intersection of Douglas Road and Grand Avenue. This street has been degraded through demolition, abandonment and redevelopment diminishing the historic integrity to become a Historic District; however, it is of special and substantial public interest due to its historic identity and remaining historic structures. This designation will encourage appropriate infill to preserve the context of historic sites on Charles Avenue, including: the Mariah Brown House, home of the first Bahamian settler; the Historic Black Cemetery; the E.W.F. Stirrup House, home of the first black doctor; historical churches; and several other historic homes. a. All new construction, major alterations, additions, and renovations resulting in additional Floor Lot Ratio ("FLR") on Charles Avenue shall be required to be reviewed by the process of Warrant. To ensure the compatibility of new construction on Charles Avenue, the design for any new construction, major alterations, additions, and renovations resulting in additional Floor Lot Ratio ("FLR") shall also be reviewed by the UDRB 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. 6.4.2 Mixed Use Cultural District Boundaries: all properties located on Grand Avenue between Margaret Street on the east and the City limits on the west, and Douglas Road between Grand Avenue on the south and Day Avenue on the north. The Mixed Use Cultural District is intended to give a distinctive cultural character to retail and commercial uses on Grand Avenue and Douglas Road. The intent is to enhance these corridors as a tourist destination, encourage heritage retail and cultural/historic businesses, support current resident -owned businesses, promote a cultural facade, provide more culturally themed businesses, establish a critical mass of retail and provide a culturally themed bridge to all other parts of the District by promoting the culture of the community in this short Corridor and entranceway to the commercial main street. To this end, the District is dedicated primarily to culturally themed boutiques, gift shops and book stores, hair salons, apparel, restaurants and cafes, music shops and outdoor plazas, straw markets, cultural facilities, art and upscale cultural entertainment that reflect a Caribbean culture. City of Miami Page 16 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: a. Use Regulations The Mixed Use Cultural District shall permit the following Uses in addition to those which are permitted in the underlying transect zones: 1. Permanent structures providing for a Straw Market with Caribbean crafts, foods, apparel, souvenirs, and other goods attractive to tourists, subject to a Warrant, and limited to the following items for sale: Heritage retail foods, apparel, souvenirs; bookstores and gift shops with cultural themes; hair salons, including outdoor hair braiding; and music and entertainment reflective of that found in the Caribbean. 2. "Large -Scale Grocery Stores" - Retail Establishments exclusively for the sale of groceries and not exceeding forty thousand (40,000) square feet shall be permitted within the Mixed Use Cultural District only for properties with an underlying T5 Transect Zone by process of Warrant. "Groceries" are defined as food products, dry groceries (such as meats, poultry, seafood, sushi, dairy products, frozen foods, fruits, vegetables, deli items, prepared foods, baked goods, health and beauty products, pharmaceuticals, and alcoholic beverages) or services commonly provided in a grocery store in Miami -Dade County. 3. Other permissible Uses along ground floor locations include: Bars, saloons, taverns, private clubs, and supper clubs, including those with dancing and live entertainment are permitted in such ground floor locations along primary streets or elsewhere within the District only by Warrant, and only subject to limitations on buffer overlay districts. 4. Sales display and outdoor dining within open or partially Open Space. 5. Vending in Open Space per the City of Miami's Vending in Open Space Regulations. b. Height: In order to ensure appropriate scale of infill development along Grand Avenue and Douglas Road, irrespective of the underlying zoning limitations, new single -Use structures shall be limited to a maximum of fifty (50) feet and mixed -Use structures shall be limited to sixty-two (62) feet to be accommodated in no more than five (5) stories. This restriction shall not apply to developments with vested rights through a permit lawfully issued before the effective date of this Ordinance. c. Additional Regulations 1. Existing businesses established prior to the adoption of this Code shall be allowed to remain in the Mixed Use Cultural District regardless of their cultural theme without being considered nonconformities. 2. Underground parking is allowed by right. Underground parking for T5 structures shall be permitted in T3 Transect Zones by Warrant for those properties which abut T5 Transect Zones along Grand Avenue between SW 37th Avenue and SW 32nd Avenue. Any T3 designated properties which have underground parking shall be required to be developed with Residential Structures for Residential Use on the surface of the underground Parking Structure. No replat is required if the T3 Transect Zone properties are tied to the property abutting Grand Avenue by a City of Miami Page 17 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: Covenant -in -Lieu of Unity of Title. Density limitations shall apply per the underlying Transect Zone without the limitation of one (1) unit per Lot of record for T3-R or T3-L designated properties and two (2) units per lot of record for T3-O designated properties, and the following minimum Setbacks shall apply: (a) T3-R and T3-L Properties (i) Front: twenty (20) feet (ii) Side: five (5) feet (iii) Rear: zero (0) feet (b) T3-O Properties (i) Front: ten (10) feet (ii) Side: Zero (0) feet (iii) Rear: Zero (0) feet (c) Minimum required Setbacks may be reduced through the Warrant process. 6.4.3 Market District Boundaries: all properties fronting on Grand Avenue between Commodore Plaza Street to the east and Elizabeth Street to the west. The Market District is intended to foster community markets along a portion of Grand Avenue relating to the sale of fruits, vegetables and other crafts indigenous of the Caribbean Islands. The Caribbean Market District allows for a tourism destination similar to those found throughout Caribbean nations that represent the heritage of the surrounding community. a. Use Regulations. The Market District area shall permit the following Uses, in addition to those which are permitted in the underlying transect zone: 1. Farmer's markets and Caribbean crafts and food markets that specialize in the sale of crafts and fresh fruits and vegetables that are Caribbean in nature are permitted within this District, subject to a Warrant. All regulations contained in this Code are applicable, and further subject to the following limitations: (a) Any outdoor market must be located on a parcel of no less than fifteen thousand (15,000) square feet of Lot Area. (b) An outdoor market shall be limited to no more than sixty-five (65) percent of the area of the subject parcel in display area. (c)An outdoor market may not include any permanent structures. All display tables and other such material must be removed at the end of the permitted time of operation. (d) The outdoor market display area shall be located along the Grand Avenue frontage and be set back no less than twenty-five (25) feet from any abutting residentially zoned property. (e) No outdoor market may be located closer than fifteen hundred (1,500) feet from another outdoor market. City of Miami Page 18 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: (f) Only handmade crafts, fresh fruits and vegetables, prepared raw foods and drinks derived from fresh fruits and vegetables may be sold in an outdoor market within this District. b. Additional Regulations 1. Existing businesses established prior to the adoption of this Code shall be allowed to remain in the Market District regardless of their cultural theme without being considered nonconformities. City of Miami Page 19 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT iNCD-3)3 3.1 Boundaries Generally described as bounded by Douglas Avenue on the west, Franklin Avenue and a portion of Marler Avenue along the north (Douglas Road Arbitare Way), Arbitare Way and McDonald Avenue along the west (Main Hwy Bird Road), Bird Road on the south (McDonald Ave US 1), US 1 ee the ner-t-la, Rickenbackerway ee thc_ + Biscayno Bay along +he st and south, Prospcct Drivc and along the rear of properties on the south side of Battersea Road to Douglas Road. More specifically depicted on the Miami 21 Atlas. a. Coconut Grove Sub Districts: 1. North Grove bounded by U.S. 1 on the north, Rickenbacker Causeway on the east, Biscayne Bay on the south and S.W. 27th Avenue on the west. 2. Center Grove bounded by U.S. 1 on the north, S.W. 27th Avenue on the east, Ciak Street on the rseu h, and C W. 32nd Avenue -on werct. 3. South Grove bounded by Loquat Avenue, Kumquat Avenue, Franklin Avenue, and Main Highway on +he north along the eastern edge of properties located east of Munroe Drive on he-easst Ri vino Bays and Prospect Drive Battersea r� �r riv�oti�cc ci cccr Roar) and I ne Roar! on Zsoi th and I o' li inn Road on the west r�v�aa�-ancrLe-ve�lric-rcvua-v�Ttial. vvum� arrcr�c crr��ccvc. /1. Village Center bounded by Oak Street and Tigertail Avenue on the north, S.W. 27+h Avenue on the oast Biscayne Bays along the western edge of the Barnacle C State Park Main Highway, Via Abiita--o Way and SW 32nr! Avenue on the woc+ 3.2 Intent The intent of the Coconut Grove Neighborhood Conservation District NCD 3 is to establish a protective series of legislative elements to preserve the historic, heavily landscaped character of Coconut Grove's residential areas; enhance and protect Coconut Grove's natural features such single family ncighborhood that comprises Coconut Grove. The community of Coconut Grove geologic features; proximity to Biscayne Bay; public open space; recreational opportunities; structures. Properties shall not be platted, re platted or configured in any way that destroys a median, green space, landscape easement or road configuration that contributes to the character of the subdivision within the NCD 3 area. 3.3 Effect of district designation The effect of these NCD 3 regulations shall be to modify transect regulations included within the NCD boundaries to the extent indicated herein. 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. 4 A additional notice and review neighborhood or homeowner associations that wish to receive a courtesy notice of Exception or Variance applications in their areas shall register with their Neighborhood 3 The referenced Articles and Sections correspond with the appropriate Miami 21 Code Articles and Sections. City of Miami Page 20 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: letter to the Director of the Planning Department or to the Zoning Administrator, in which telephone number of the official representative of the association designated to receive foor an Excep n or Variance the applicant shall obtain the list of all registered the Planning Director or the Zoning Administrator and shall notify in writing the official representative of all such registered associations in writing, by certified mail, of the application. The applicant shall submit with the application these certified receipts. If any such association have any comments or recommendations, such comments and recommendations shall be submitted in writing to the Planning Director or Zoning rnisdelivered comments shall not be considered. b. All properties located within the Village Center shall be reviewed by the Coordinated Review Committee. 3.5 Coconut Grove Corridors The sub districts are demarcated, traversed or connected by important corridors subject to their own unique characteristics and considerations. The Coconut Grove corridors are as follows and include the rights of way and the Lots immediately adjacent to the right of way: • South Bayshore Drivc • Tigertail Drivc • S.W. 27th Avenuc • Bird Avenuc • MacDonald Street • Main Highway • Douglas Road • Grand Avenuc • Le Jeune Road a. Improvcmcnts and new development on these corridors shall conform to the following pedestrian safety and comfort standards: 1. Where sidewalks exist, the pedestrian shall be buffered from vehicular traffic with streetscape elements and landscaping. 2. Uses to be developed on these corridors shall promote pedestrian activity, such permissible. 3. The number and dimensions of curb cuts and driveways shall be minimized to reduce the pedestrian/vehicular conflicts up to the minimum permissible by the controlling jurisdiction. 4 6 Single Family Residential District The single family residential district is intended to protect the low density residential and dominant tree canopy characteristics of Coconut Grove and prevent the intrusion of additional density, uses, and height. All T3, Single Family Residential zoning regulations shall apply within the Coconut Grove NCD 3 Single Family Residential District, hereafter referred to as NCD 3, except as modified below. If any such rcquircmcnts conflict, NCD 3 requirements shall apply. a. Adjaccnt lots or lots in the samc subdivision under single ownership, or developed by a single builder or developer shall not employ the same, similar or duplicate architectural plans /Adjacent b Iildings „ndc conditions shall be substantially differentiated in massing footprint and exterior detailing b. Front yardo All front yards in the NCD 3 shall be designed in a way that minimizes the impact of City of Miami Page 21 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: 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 th rse oft c section a b iilding site shall be defined as ono or more lots or portions of Tots that are aggregated to form a single family residential site including vacant Tots and all 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 measured to the mid point of the roof top and eave, chimneys, cupolas or othcr non a maximum hcight of thirty (30) fact 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. c. Grccn Space The minimum green space requirement shall be three tenths (0.3) times the Lot area. The i ise of permeable material for si irfaces in the regi aired yard magi allow a 'CFO/ reduction in the required green space. f. Permitted Accessory Uses and Structure Accessory uses and structures are as permitted in the underlying transect zone, except that detached 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 arc not exceeded. Said second story may only be used as an owner occupied accessory structure. Two story accessory 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 existing si family residence or Iaknifi 1I accessory b uilding(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 improvements. No building sites in existence prior to September 24, 2005 shall be diminished in size except by Warrant subject -to the crit a specified in /�rti /1 Table '12 Design D�iew cc crrce�i�a-�pccrrr ��rrrcrcr 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 unle-s the garage door(s) does not face the street. Garage structures with acccsc opcnings 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 corncr lots which have a maximum depth of lees 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 setback (d) Driveways within a single building site shall not be located closer than twenty City of Miami Page 22 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: five (25) feet to each other. (e) Except as required for the driveway approach, no portion of any driveway in a regi sired yard adjacent to a street shall be n iithin five (5) foot of any property lino other than as may be required to allow for turnaround maneuver, in which case said driveway shall be constructed of permeable material in its entirety. (f) Tandem parking shall be allowed. (g) Garage doors which are more than nine (9) feet wide shall not be allowed. 3. Fences: All fences located within any street front setback area shall be covered from the public right of way view by plant material except when said fence is faced or constructed with oolitic limestone. �. Landscaping: All landscape shall comply with the City's landscape and tree protection ordinances. h. Single Family lots less than 10,000 square feet 1. Setbacks: {a) Principal Building: Setbacks are variable to allow for a variety in architecture and placement of the building footprint. Projections of buildings into required cetbackc shall be permitted subject to the criteria and requirements specified herein. (1) Minimum Front Setbacks: The minimum front setback shall be thirty (30) feet. The structure may project a maximum of ten (10) feet into the minimum required setback of thirty {30) feet provided said projection does not exceed thirty (30) feet in width along the front of the building. Unenclosed porches, entries, or loggias may project a maximum of fifteen (15) feet into the minimum required setback of thirty (30) feet. On corner lots the structure may project a maximum of fifteen (15) feet into the minimum required setback of thirty (30) feet. (2) Minimum Side Setbacks: The minimum side setback shall be five (5) feet, cxccpt for corncr lots where the minimum side setback adjacent to the street shall be ten (10) feet. The minimum total side setbacks to be distributed shall be as established in the following table. TABLE INSET: Building Site Interior Lots First!Interior Lots Size in Square Story of Second Story of Feet Structure Structure Less than 7.500 7,500 10,000 More than 10,000 10 feet 15 feet 25 feet (3) Minimum Rear Setbacks: 25 feet Corner Lots First Story of Structurc 15 feet Corner Lots Second Story of Structurc feeLt 15 feet 25 feet 25 feet The minimum rear setback shall be twenty (20) feet. (4) Accessory Buildings: The minimum side setbacks shall be ten (10) feet. City of Miami Page 23 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: The minimum rear setback shall be ten (10) feet. The maximum width of said connection shall be ten (10) feet �. Single Family Large Lot Residential designation. 1. Lot Size Minimum lot size is limited to ten thousand (10,000) square feet and the minimum lot width is limited to one hundred (100) feet in order to preserve the urge lot suburban character of certain neighborhoods within Coconut Grove. 2. Limitations on yard All yards adjacent to South Bayshore Drive shall be a minimum of seventy (70) feet. j. Single Family Oversized Lot Residential designation. 1. Lot Size Minimum lot size shall be twenty thousand (20,000) square feet and minimum lot width shall be one hundred (100) feet. 2. Limitations on yards All yards adjacent to South Bayshore Drive shall be a minimum of seventy (70) feet. k. Single Family Estate Lot Residential designation. The intent of these regulations is to allow existing Estate Lots to be developed as single commercial recreational facilities and accompanying structures compatible with residential surroundings. This district is designed to protect and preserve the existing character of estates and allow the building of vacant I such development in the future. 1. Lot Size Minimum lot size shall be one (1) acre (013,560 square feet) and a minimum lot width of one hundred (100) feet. 2. Limitations on yards All yards adjacent to South Bayshore Drive shall be a minimum of seventy (70) feet. Bay windows and balconies may projcct a maximum of throe (3) feet into yard setback. 3. Acce-sory Uses and Structure!) {a) Open awnings or trellises must meet the setback requirements and applicable open space if such conversion would increase the lot coverage of the principal structure above the allowed percentage. (b) Attached or unattached acce-sory structures include: private garages, swimming pools, cabanas, bedrooms, household staff cottage. Nothing contained in this section shall prohibit the construction of an enclosed acce-sory building containing bedrooms with bath facilities to be used in connection with and as a part of the primary residence within the building lines as provided in this section. {c) Accessory structures shall comply in all other aspects of the underlying single family residential (T3) district unlesc stated otherwise. Enclosed acce-sory buildings shall be used only for occupancy of nonpaying guests of the owners of the primary residence or bonafidc mcmbcrs therein except by approval by the Planning Director of a written agreement with the City stating that such accessory structure will be used only by family members or household staff. The property owner must execute and record in the public records a Declaration of Restriction stating that the use of the site will be reserved for a single family residence. No accessory structure shall be used as or converted to a dwelling unit without the recorded Declaration of Restriction. Further, if any acce-sory structure and use is subdivided from the principal structure City of Miami Page 24 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: removed, the use of such accessory structure shall be terminated until a new principal structure and use is established on the lot on which the accessory structure and use is located. /1. Height Height is limited to two full stories from grade or minimum FEMA elevation as defined within this code. Height is measured to the bottom of the eave. Variations to the Height requirement may be allowed for skylights or solar panels not exceeding thrcc (3) feet above thc roof. Such structures shall not cover more than ten (10) percent of the roof structure. 5. Botanical Gardens 4 Botanical Garden is allowed by Exception 4 Botanical Garden shall reg lire a rninimum of 5 acres and may also include the following: {a) Gift shop or bookstore area. Outdoor display of merchandise shall be limited to areas not visible from public streets (b) Garden maintenance area (c) Residential living units for visiting scholars (d) Offices to serve the Botanical Garden (e) Scientific research laboratory (f) Educational facilities including building for meeting and classrooms 3.7 Reserved for Coconut Grove NCD 3 (R 2) Two Family Residential District District a. Limitation: The square footage of individual retail establishments within Coconut Grove used for retail and related services, except as may be modified bclow for "large ccalc adjacent to Coconut Grove Corridors listed in 3.5, may be approved by a Warrant. Special event Class I permits are exempted from the limitations of this section. b. "Large-scale retail establishment" defined: A "large scale retail establishment" is defined for the purposes of NCD 3 as a retail establishment or combination of commercial retail establishment(s), including membership establishments with any commercial retail use, of over twenty thousand (20,000) square feet in gro-s floor area. The gro-s floor area includes building gross floor area and ancillary outdoor storage or include motor vehicle parking or loading areas. For the purpose of determining the applicability of thc twenty thousand (20,000) square feet of floor area, the aggregate square footage of all adjacent stores or retail tenants that share common check out c. Exception required for "large scale retail establishments." A "large scale retail cstablishmcnt" within thc Coconut Grovc Corridors listed in 3.5 shall be permitted only by Exception. d. "Large scale grocery stores." Retail establishments exclusively for the sale of groceries and not exceeding forty thousand ('10,000) square feet located within the underlying T5 or T6 Transect Zones abutting US 1 (Federal Hwy.) may be permitted by Warrant. "Groceries" is defined as food products, dry groceries (such as household beverages) or services commonly provided in a grocery store in Miami Dade County. c. Sitc rcquircmcnts: In addition to all requirements in thc applicable zoning district, City of Miami Page 25 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: 1. Maximum size of retail establishment The maximum size of any individual retail establishment within any Coconut Grove Corridor shall be seventy thousand {70,000) square feet. No individual retail establishment within a Large Scale Retail establishment shall be permitted which exceeds seventy thousand {70,000) square feet. 2. Minimum lot dimensions "large-scale retail establishments" may be permitted elusively in lots having a minimum net area of two (2) acres. Properties which do not meet the two acre size limitation shall be limited to individual establishments of twenty thousand (20,000) square -feet -of -I-ess. 3. Minimum setbacks and build to lines: Large Scale Retail establishments shall have the following minimum setbacks: (a) Any-frront-orside setback abutting a pi 1blic right_of_wa y or non_ residentially zoned property build to line is twenty (20) feet. The area from the build to line to the right of way line shall be used for permanent sidewalks with illumination, pedestrian amenities, or landscaping, except in areas as required for emergency access, or where driveway entrances are located. Landscaping in this setback ar shall count toward the green spase-req-61+relneeL. This area may not be used for parking or loading at any time. (b) Side or rear lot line abutting a residentially zoned property: setback is fifty (50) feet. T le setbackshall incli ide a 20foot hea, ily;na8caped bufffer- irea. IIf an across alloys parking loading door delivery aroma or inventory storage area is piessent along-t s sill-ltt peer y, then the setback area shall also incli de z "' hh'' `"' hh'' 77 cc cAuvTc-arccrvncrrr-aTvv�rrvracrc an eight foot high masonry wall inside of the 20 foot landscape buffer. �. Building orientation and facades {a) Building facades and elevations shall be designed to minimize the visual impacts of the scale of the building. (b) Large-scale retail structures may be oriented with their entrances toward arterial or collector roadways as defined in the City Comprehensive Plan. {c) Any side with regular public ingress/egress point(s) is to be considered a front. Regular public ingress/egress to the building shall not be located facing residential uses. There may be more than one (1) front. Front and side facade design shall include the following design features to minimize scale impacts and promote activated street frontages. (d) Building design variations at intervals no greater than fifty (50) feet. (e) Storefront windows e,ith interior spaces visible and lit from within at night, equal 4e at least fifty (5.0) percent of the linear length of grey ind floor wall on building front elevations as defined herein. Window spacing should be such that no more than twenty (20) percent of the length of the wall may have an uninterrupted length without storefront windows. 5. Vehicular accesc Primary ingress and egress to the site must be provided from the arterial(s) and not from secondary roads or collectors and subject to the following: (a) Except as reg„irc en crgcncy accesc, vef lar driveways shall not be along local roadways as dcfined in the City Comprehensive Plan. (b) Except where required for emergency access or other compelling public safety reasons vehicular rlri„ewa„s shall not be located within one hundred {100) feet of residentially zoned land along the same side of the street, as measured from the nearest point of the driveway. shall only be from arterial rrr dwa ys rind locates-! no loss than one hundred (1 00) feet from residentially zoned land along the same side of the street, as measured from the nearest point of the driveway. City of Miami Page 26 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: (d) Where large and bulk merchandise sales are expected, customer pick up asoesslegress shall clearly defined the site plan,-aid-shiall only be from arterial roadways and located no loss than one hi indred (100) feet from residentially zoncd land-along-the-sameside-ef--t street, as -measured fir-t;e nearest point of the driveway. 6. Darr g-and Innuroading-iequirements (a) One (1) space per every two hi indred (250) soi care feet of gross floor area shall be required for a "large-scale retail establishment." All required parking must be provided onsite. (b) Along collector roads as defined by the City Comprehensive Plan, setback buffers, building design or other features shall screen parking such that no more than thirty (30) percent of the parking lot or facilities are visible from the roadway. (c) Along local roads as defined by the City Comprehensive Plan, setback buffers, building design or other features shall completely screen parking such that the parking lot or facilities are not visible from the roadway, except for distances as required by driveways or emergency access. (d) All loading and deliveries shall be adjacent to an arterial roadway. Said loading and delivery areas shall be screened from public view by an eight foot wall. 7. Green space. A "large-scale retail establishment" shall implement landscaping in an area equal in size to, or greater than, fifteen (15) percent of the gross lot area. Landscaping shall be implemented gcncrally so as to provide ample shade areas in the parking lot and abutting sidewalks and to minimize the visual impact of the structure and corking space -on the streetscape. To +his end a landscape clan for the site shall be submitted to the Planning Department for review and approval by the Planning and Zoning Advisory Board as part of the required Exception. 8. Buffer: Wherever the property abuts another property with a more restrictive zoning heavily landscaped buffer. This buffer shall include Florida native trees at no less than fifteen (15) to twenty (20) feet in height with a diameter at breast height of no less than fout (/1) to five (5) inches spaced on 15 fee+ centers (Also included in this buffer shall be hedging and ground cover. This buffer shall be included in the required landscape plan. 0. Fcnccs and walls: Fences and walls shall be erected to a minimum height of eight (8) feet wherever the property abuts another property with a more restrictive zoning designation. f. Location of "large Scale Retail establishment": A "large scale retail establishment" shall be located exclusively on a lot having frontage on one (1) or more arterial roads. g. Hours of operation: Except for special events requiring Claw I permits, a "large scale retail establishment" shall open no earlier than 7:00 a.m. on weekends and 8:00 a.m. on weekdays and shall close no later than 11:00 p on weekends and 10:00 n m on weekdays Deliveries to or from any "large scale retail establishment" shall be limited to the hours of 10:00 a.m. through 3:00 p.m. Monday through Saturday. h. Variances prohibited: No variances from the provisions set forth in the site requirements or hours of operation arc permitted. A.4 Reserved. Coconut Grove NCD 3 Sub District Architcctural Guidclincs City of Miami Page 27 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: Article 1. Definitions 1.1 Boundaries 1.2 Definitions of Terms 1.4 Definitions of Landscape Requirements Article 2. General Provisions 2.1 Purpose and Intent 2.2 Applicability Article 3. General to Zones 3.14 Public Benefits Program Article 4. Standards & Tables 4.1 Parking Requirements Article 4. Table 2 - Summary Article 4. Table 3 - Building Function: Uses Article 5. Specific to Zones 5.1 Generally 5.3 Sub -Urban Transect Zones (T3) Illustration 5.3a Sub -Urban Transect Zones (T3-R and T3-L) Illustration 5.3b Sub -Urban Transect Zones (T3-O) Article 6. Supplemental Regulations 6.1 Intent and Exclusions Article 6. Table 13 Supplemental Regulations 6.3 Commercial Districts Article 7. Procedures and Nonconformities 7.1 Procedures City of Miami Page 28 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3) ARTICLE 1. DEFINITIONS 1.1 BOUNDARIES Generally described as bounded by the City of Miami ("City") limits to the west and south, U.S. 1 on the west and north, Rickenbacker Causeway on the east, Biscayne Bay along the east and south, less the area encompassed by the NCD-2 described in Section A.2(1.1), as more specifically depicted on Diagram A3.1. Diagram A3.1: City of Miami Coconut Grove: Minimum Size after Diminishment Coconut Grove Conservation District Lot Sizes Minimum Lot Size atter Dirmnisnment 5,000 sq.u. minimum 7,500 ache_ minimum M 000 sq fi. minimum d. 100 ft. width minimum ef1,a00 sq fi. minimum & 100 ft. width minimum Vienne West Island and Charles Avenue NC0.3 See. Parks 1.2 DEFINITIONS OF TERMS Building Site: One or more Lots, or portions of Lots, that are aggregated to form a single residential site including platted and unplatted Lots. Evidence identifying a Building Site may include: City tax records, covenants, unity(ies) of title, deeds, permits, subdivision records, and the City of Miami Municipal Atlas. City of Miami Page 29 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: Carport: A portion of a Principal residential Building or a Building accessory to a residential Use designed to be used for shelter of motor vehicles, unenclosed at the vehicular entry side and for at least thirty percent (30%) of the combined three (3) remaining perimeter boundaries. Where enclosure exceeds this amount, the shelter shall be considered a garage. Floor Area: The floor area within the inside perimeter of the outside walls of the Building including hallways, stairs, closets, thickness of walls, columns, enclosed parking and other features, and excluding only open-air spaces such as exterior corridors, Carports, Porches, verandas, balconies, and roof areas. Also means Building or Development Capacity. Floor Lot Ratio (FLR): The multiplier applied to the Lot Area that determines the maximum Floor Area allowed above grade in a given Transect Zone. Green and Permeable Space: An Open Space outdoors, at grade, unroofed, landscaped and free of impervious surfaces which inhibit root growth. Green space includes planting, mulch, gravel, and 100% pervious pavements with open -graded base courses and excludes pavers, decks, and impervious hardscape surfaces. See Article 4, Table 7 of the Miami 21 Code. Lot Coverage: In the T3 Transect Zones only, the area of the Lot occupied by all Buildings, excluding single -story unenclosed Structures such as decks, pools, Trellises, Carports, Porches, verandas, pergolas, Pavilions, porticos, Driveways, and pathways. Unenclosed shall mean having no exterior walls other than those that are enclosing interior space of the principal structure. Pavilion: A freestanding roofed or trellised Accessory Structure of one (1) Story or less such as a Carport, garage, cabana, chickee hut, gazebo, storage shed, summer kitchen, picnic structure, outdoor shower, or similar structures. Shall be separated from the Principal Building by minimum of five (5) feet, otherwise it shall be considered part of the Building for Setback purposes. Structures greater than one (1) Story shall be considered Outbuildings; Except for garages and storage sheds, shall be unenclosed on the sides for sixty percent (60%) of its perimeter; Maximum height shall be ten (10) feet to the eave or roof slab including parapets; Sloped roofed Structures shall be a maximum of thirteen (13) feet to the peak. Porch: An open-air room appended to a Building. Trellis: An attached Building element or freestanding Structure with discreet exposed and repetitive overhead horizontal or sloped framing members; Shall be a minimum sixty percent (60%) open along its entire perimeter and seventy-five percent (75%) open to the sky. The depth of framing members shall be the lesser of 24" or the clear space between members. Structures not meeting these requirements shall be considered roofed Structures. Freestanding Trellises shall be considered Pavilions. Also means arbor or pergola. Village Center: Bounded by Oak Street and Tigertail Avenue on the north, SW 27 Avenue and Biscayne Bay on the east, Via Abitare Way, Main Highway, and Charles Avenue along southern edge, and SW 32 Avenue on the west. City of Miami Page 30 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: 1.4 DEFINITIONS OF LANDSCAPE REQUIREMENTS Buffer Tree: A canopy shade tree of substantial size and appearance, meeting the following standards: Classified as Florida Grade 1, sixteen (16) feet in height minimum, five (5) feet clear trunk minimum, and six (6) inches diameter at breast height (DBH) minimum. Excludes palm trees. Oolitic Limestone: A sedimentary limestone consisting of ooliths that are cemented together. This limestone is common throughout Coconut Grove and aesthetically blends well with other natural elements. ARTICLE 2. GENERAL PROVISIONS 2.1 PURPOSE AND INTENT Coconut Grove, one of Miami's first neighborhoods, is recognized for its lush, heavily landscaped, natural green areas, public Open Space, recreational opportunities, proximity to Biscayne Bay, waterfront views, geologic features, vibrant business district services, Historic Resources, and diverse property sizes. The Intent of Coconut Grove Neighborhood Conservation District is to: 1. Protect, preserve and enhance the built and natural neighborhood character, unique to the Coconut Grove area. That character includes the existing natural and built environment as measured by existing natural features, tree canopy, foliage, plant material and landscaping as well as characteristics of the built environment. 2. Protect, preserve and enhance the tree canopy and heavily landscaped character of Coconut Grove. 3. Protect, preserve and enhance public and private Green Spaces and further the expansion of tree canopy throughout the neighborhoods of Coconut Grove. 4. Protect and preserve the scale, massing, and architectural variety within the unique residential neighborhoods of Coconut Grove. This includes guiding new development to protect scale, character, and architectural variety within those neighborhoods. 2.2 APPLICABILITY The effect of these regulations shall be to modify transect regulations included within the Coconut Grove Neighborhood Conservation District (NCD-3) boundaries to the extent indicated herein Where the Village West Island Neighborhood Conservation District (NCD-2) regulations are silent, the Coconut Grove Neighborhood Conservation District (NCD-3) regulations shall apply in the NCD-2. City of Miami Page 31 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: Where standards set forth in the Coconut Grove Neighborhood Conservation District (NCD-3) conflict with the Miami 21 Code, the standards set forth in this Neighborhood Conservation District shall supersede. Where this Neighborhood Conservation District is silent, the underlying Miami 21 Code standards shall govern if applicable. Demolition permits shall require a Warrant and be referred to the Planning Department for review under the Tree Preservation Ordinance. All submittals shall comply with Sec. 17-4 of the City Code and contain the required documents set forth in Sec. 17-4 thereof, which include but are not limited to a Tree Disposition Plan, Tree Boundary Survey prepared by a licensed Surveyor, a Tree Protection Plan and a Certified Arborist Report prepared by an ISA (International Society of Arboriculture) Certified Arborist, photographs of the site (including all structures and flora), and a buildable area diagram illustrating the potential developable area in relationship to existing trees, applicable Setbacks, and other requirements. No Warrant shall be required if the proposed Demolition maintains more than fifty percent (50%) of the original Structure; later additions shall not be included in the area of the original Structure. ARTICLE 3. GENERAL TO ZONES 3.14 PUBLIC BENEFITS PROGRAM The intent of the Public Benefits Program established in this Section is to allow Density bonuses in T4 and T5 Transect Zones; in exchange for contribution to the Affordable/Workforce Housing Public Benefits Program, and to allow additional Floor Lot Ratio ("FLR") and Encroachments bonuses in T5 and T6 Transect Zones in exchange for contribution to the Civic Space and Cross -Block Connectivity Public Benefits Programs. The bonuses do not increase the maximum height permitted. 3.14.1 The bonuses shall be permitted if the proposed Development contributes toward the specified public benefits, above the minimum requirements prescribed by this Code, only in the amount and in the manner as set forth herein. 1. T4: 36 dwelling units per acre maximum, bonus to 65 dwelling units per acre; 2. T5: 65 dwelling units per acre maximum, bonus to 130 dwelling units per acre; 3. In T5 and T6 Transect Zones Building Disposition bonuses for developments that provide Civic Space area to the City of Miami as described in Section 3.14.4.; 4. In T5 and T6 Transect Zones Building Disposition bonuses for developments that provide Cross -Block Connectivity to the City as described in Section 3.14.4. 3.14.2 Upon providing a binding commitment for the specified public benefits as provided in Section 3.14.3 below, the proposed development project shall be allowed to build within the restrictions of the specific Transect Zone, up to the bonus as established in this Section. 3.14.3 The Density bonus shall be permitted in exchange for Affordable/Workforce Housing contribution to the City. The FLR and Encroachments bonuses shall be permitted in exchange for Civic Space or Cross -Block Connectivity contributions to the City. 3.14.4 For the purposes of the Public Benefits Program, the following criteria shall apply: City of Miami Page 32 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: a. Affordable/Workforce Housing. A development project in a T4 or T5 Transect Zone may provide any of the following or combination thereof: 1. Workforce Housing on site of the development. For each Unit of Workforce Housing provided on site, the development's Density maximum shall be increased by two (2) units, resulting in one (1) additional Market Rate Unit up to the maximum Density bonus permitted, as described in Section 3.14.1. 2. Affordable Housing on site of the development. For each Unit of Affordable Housing provided on site, the development's Density maximum shall be increased by three (3) Units, resulting in two (2) additional Market Rate Units up to the maximum Density bonus permitted, as described in Section 3.14.1. 3. The Unit type distribution provided as Affordable/Workforce Housing Units shall match the Unit type distribution provided as Market Rate Housing. 4. Developments must fully integrate Affordable/Workforce Units with market rate Units; separate access or sections shall not be permitted. b. Civic Space Types. For a development project in a T5 or T6 Transect Zone within the NCD-2 and NCD-3 boundaries, excluding properties abutting SW 27th Avenue from Coconut Avenue to Tigertail Avenue and properties abutting Bird Avenue east of Bridgeport Avenue, that provide a Civic Space Type onsite to the City, an additional two (2) square feet of area for each square foot of donated space, beyond minimal requirements, shall be accommodated within the Floor Lot Ratio (FLR) and Encroachments bonus as described in Section 3.14.5. The additional FLR is limited to the area provided beyond minimal requirements. c. Cross -Block Connectivity. For a development project in a T5 or T6 Transect Zone within the NCD-2 and NCD-3 boundaries, excluding properties abutting SW 27th Avenue from Coconut Avenue to Tigertail Avenue and properties abutting Bird Avenue east of Bridgeport Avenue, that provide an open to the sky cross -Block Paseo or Pedestrian Passage, connects two (2) Thoroughfares, and is publicly accessible 24-hours a day or reduced hours by process of Waiver, an additional six (6) square feet of area for each square foot of donated space, beyond minimal requirements, shall be accommodated within the Floor Lot Ratio (FLR) and Encroachments bonus as described in Section 3.14.5. The additional FLR is limited to the area provided beyond minimal requirements. 3.14.5 The additional Floor Area generated through the Public Benefits Program, shall be accommodated as follows: a. The maximum mezzanine Habitable Space Floor Area, as defined in the Miami 21 Code, of thirty-three percent (33%) may be exceeded up to one -hundred percent (100%), provided that such mezzanine is designed as an extension of the ground floor facade and is visually perceived as part of the ground floor. City of Miami Page 33 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: b. The upper stories of a building may encroach into the First Layer a maximum of five (5) feet. The Encroachment allowance excludes the ground and mezzanine levels. The total Floor Area within the Encroachment shall not exceed the area generated from the Public Benefits Program. ARTICLE 4. STANDARDS & TABLES 4.1 PARKING REQUIREMENTS a. In T4, T5, and T6 Transect Zones, including properties abutting T3 Transect Zones, the parking ratio may be reduced within a Transit Oriented Development ("TOD") area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver. b. In T4, T5, and T6 Transect Zones, properties within the quarter (1/4) mile pedestrian shed from a Metrorail Station or within the Village Center, the parking ratio may be reduced by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code. City of Miami Page 34 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3 ARTICLE 4. TABLE 2: NCD SUMMARY LOT OCCUPATION T3 T4 T5 T6-8 T6-12 ICI -HD a. Lot Area Established by Diagram 1 1400 s. f. — 20000 s. f. ** 1200 — s. f. 40,000 s. f.** 5,000 — s. f. min 5,000 — s. f. min 70,000 s. f. 10,000 — s. f. min 40,000 s. f. max.** max.** b. Lot Width 50 ft. min. 16 ft. min / 50 ft. min.** 16 ft. min / 50 ft. min.** 50 ft. min. 50 ft. min. 50 ft. min. c. Lot coverage 50% max. 30% max. 30% max. B0% max.** 80% max.** 80% max d. Floor Lot Ratio (FLR/ ).5 max. (T3-R and T31)** 5 / 25% additional Public 8 / 30% additional Public 8 J.80 max. (T3-0) Benefit *** Benefit *** e. Front e at front Setback 50% min. 70 % min. 70 % min. 70 % min. None f. Green/Open Space Requirement 40 % Lot Area min.(T3-R and T3- 15% Lot Area min. 10% Lot Area min. 10% Lot Area min. 10% Lot Area min. Lot Area min. 35% Lot Area min. (T3-0) q. Density 9-18 du/acre max.** 36 du/acre max.**** 35 du/acre max.**** 150 du /acre * 150 du /acre * ,10% 150 du /acre * BUILDING SETBACK a. Principal Front 30 ft. min.** 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. b. Secondary Front 10 ft. min.** 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min c. Side 5 ft. min.** ) ft. min. / 5 ft. min.** J ft. min.** D ft. min.** D ft. min.** 0 ft. min. d. Rear 20 ft. min.** 20 ft. min. J ft. min.** D ft. min.** D ft. min.** 0 ft. min. OUTBUILDING SETBACK a. Principal Front 20 ft. min. 30 ft. min. b. Secondary Front 10 ft. min. 10 ft. min. c. Side 10 ft. min. ** J ft. min. / 5 ft. min. d. Rear 10 ft. min. ** 5 ft. min. PRIVATE FRONTAGES A. Common Lawn 'ermitted 'ermitted 'rohibited Prohibited Prohibited Permitted B. Porch & Fence 'ermitted 'ermitted 'rohibited Prohibited Prohibited Prohibited C. Terrace Or L.C. 'rohibited 'ermitted 'rohibited Prohibited Prohibited Permitted D. Forecourt 'rohibited 'ermitted 'ermitted Permitted Permitted Permitted E. $f00p 'rohibited 'ermitted 'ermitted Permitted Permitted Permitted F. Shopfront 'rohibited 'ermitted (T4 L, T4 V 01 'ermitted (T5 L, T5 01 °ermitted (T6-8 L, T6-8 01 Permitted (T6-12 L, T6-12 01 Permitted G. Ga11ery 'rohibited 'rohibited 'ermitted ** ermitted **Permitted ** Permitted ** H. Arcade 'rohibited 'rohibited 'ermitted **Permitted ** ermitted ** Permitted ** BUILDING HEIGHT (Stories/ a Principal Building 2 max. 3 max. 2 min. 2 min. 2 min. 1 min. As regulated by F.A.A. 5 max. B max. 12 max. b. Outbuilding 2 max. 2 max. c. Benefit Height 1 max.** 4 max.** 8 max.** Abutting T6. T5 & T4 only THOROUGHFARES a. HW & RR 'ermitted 'rohibited 'rohibited Prohibited Prohibited Prohibited b.BV 'ermitted 'ermitted 'ermitted ermitted emitted Permitted c.SR 'ermitted 'ermitted 'rohibited emitted emitted Permitted d.RS 'ermitted 'ermitted 'rohibited emitted emitted Permitted e.SS&AV 'rohibited 'rohibited 'ermitted emitted emitted Permitted f.CS&AV 'rohibited 'rohibited 'ermitted Permitted Permitted Permitted o.RearLane 'ermitted 'ermitted 'rohibited Prohibited Prohibited Prohibited h. RearAllev 'ermitted 'ermitted 'ermitted ermitted emitted Permitted i. Path 'ermitted 'ermitted 'rohibited Prohibited Prohibited Prohibited i. Passage 'ermitted 'ermitted 'ermitted emitted emitted Permitted k Bicycle Path 'ermitted 'ermitted 'ermitted ermitted emitted Permitted 1 Bicycle Lane 'ermitted 'ermitted 'ermitted emitted emitted Prohibited m Bicycle Route 'ermitted 'ermitted 'ermitted emitted emitted Permitted n. Sharrow 'rohibited 'ermitted 'ermitted ermitted emitted Permitted 0. Priority Bicycle Route 'ermitted 'ermitted 'rohibited emitted emitted Permitted * Or as modified in Diagram 9 ** Note: Refer to Article 5 for Specific Transect Zone Regulations ***Note: Bonus shall not be available forT6 properties abutting T3 properties (refer to Article 3) ****Density bonus available in some zones as described in Section 3.14 of this code. City of Miami Page 35 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: ARTICLE 5. SPECIFIC TO ZONES 5.1 GENERALLY This Article sets forth the standards applicable to development within each Transect Zone located within the NCD-2 and NCD-3. For development within NCD-2, where NCD-3 and NCD-2 conflict, NCD-2 regulations supersede. Provisions of the Miami 21 Code modified herein shall apply only within the NCD-2 and NCD-3. 5.1.1 This Article sets forth the standards applicable to development within each Transect Zone that are specific to: • Building Disposition • Building Configuration • Building Function and Density • Parking Standards • Architectural Standards • Landscape Standards • Ambient Standards 5.3 SUB -URBAN TRANSECT ZONES (T3) 5.3.1 Building Disposition (T3) a. Established Building Sites shall be maintained. New Building Sites shall only be established by process of Warrant. Establishing new Building Sites shall be subject to the criteria specified in Article 4, Table 12: Design Review Criteria, of the Miami 21 Code, and the following requirements: 1. Newly established Building Sites shall be in accordance with Diagram A3.1, provided in Section 1.1. 2. The creation of new Building Sites shall not reduce existing tree canopy. Specimen trees shall be preserved, relocated or mitigated on -site. 3. Newly established Building Sites shall comply with all existing Lot requirements. Any existing Structures on a Lot shall not become non -conforming as a result of the creation of the newly established Building Site. Any existing legal non- conforming Structures on a Lot shall result in the same or reduced degree of nonconformity as a result of the newly established Building Site. 4. Newly established Building Sites shall have a Lot Area equal to or larger than the mean average of existing Building Sites, of the same zoning designation, within the same subdivision in existence prior to October 2005 as illustrated in the City of Miami's Municipal Atlas. 5. All Warrants and platting submittals for the diminishment of a Building Site shall comply with Sec. 17-4 of the City Code and contain the required documents set City of Miami Page 36 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: forth in Sec. 17-4 of the City Code, which include but are not limited to a Tree Disposition Plan, Tree Boundary Survey prepared by a licensed Surveyor, a Tree Protection Plan and a Certified Arborist Report prepared by an ISA (International Society of Arboriculture) Certified Arborist, photographs of the site (including all structures and flora), and a buildable area diagram illustrating the potential developable area in relationship to existing trees, applicable Setbacks, and other requirements. 6. Building Sites shall not include any portions of land under a different zoning transect. b. Lot Coverage by Buildings shall not exceed that shown in Illustrations 5.3A and 5.3B. c. Floor Lot Ratio ("FLR") shall not exceed that shown in Illustrations 5.3A and 5.3B. 1. Interior spaces exceeding fifteen (15) feet in height shall be calculated as double Floor Area towards the maximum FLR. 2. When the Principal structure is built prior to the effective date of this ordinance, additions may be added that bring the total FLR to 0.65 maximum. (a) Additions must conform to coverage, setbacks, and encroachments as described in the NCD. (b) Any Second Story additions are only permitted in the Third Layer. 3. When an Interior Lot is adjacent to two parcels on the same frontage that each contain a Structure with a minimum of 50% Floor Area at the First Story and 30% Floor Area on the Second Story, FLR of 0.65 shall be permitted on the Interior Lot. A Building shall be disposed in relation to the boundaries of its Lot according to Illustrations 5.3A and 5.3B. e. Setbacks for Principal Buildings shall be as shown in Illustrations 5.3A and 5.3B. The minimum Side Setback shall be five (5) feet. The total Side Setback in Transect Zone T3-O shall be a minimum of twenty percent (20%) of the Lot Width. The minimum total aggregate Side Setback in Transect Zones T3-R and T3-L shall be as established in the following table: Building Site Size Interior Lots Interior Lots Corner Lots Corner Lots in Square Feet First Story Second Story First Story of Second Story of Structure of Structure Structure of Structure Less than 7,500 10 Feet 15 Feet 15 Feet 20 Feet 7,500 — 10,000 15 Feet 25 Feet 15 Feet 25 Feet More than 10,000 25 Feet 35 Feet 25 Feet 35 Feet 1. For purposes of protecting and/or mitigating an existing tree, pursuant to Chapter 17, a Structure may be granted relief from the Planning Director, to encroach into the minimum required Side and Rear Setbacks. The minimum Side Setback shall be no less than five (5) feet. The minimum Rear Setback may not be reduced to less than ten (10) feet on the first story and fifteen (15) feet on the upper stories. City of Miami Page 37 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: The Planning Director, in granting such relief, shall apply Article 4, Table 12 and set forth in writing the reasons why such relief meets the applicable criteria contained therein. 2. For purposes of building on Nonconforming Lots, a Structure may be granted relief from the Planning Director, to encroach into the minimum Side, Rear, and Front Setbacks. The minimum Side Setback shall be no less than five (5) feet. The minimum Rear Setback may not be reduced to less than ten (10) feet on the first story and fifteen (15) feet on the upper Stories. The Planning Director, in granting such relief, shall apply Article 4, Table 12 and set forth in writing the reasons why such relief meets the applicable criteria contained therein. 3. Setbacks may otherwise be adjusted by Waiver by no more than ten percent (10%). f. Facades shall be built parallel to a rectilinear Principal Frontage Line or parallel to the tangent of a curved Principal Frontage Line. g. Setbacks for Outbuildings and Pavilions, pools, tennis courts or other similar recreational facilities shall be as shown for Outbuildings in Illustrations 5.3A and 5.3B. Setbacks for Pavilions and Outbuildings limited to one (1) Story and 450 square feet, and other Accessory Structures such as pools, tennis courts or other similar recreational facilities shall be as shown for Outbuildings in Illustrations 5.3A and 5.3B and shall comply with the following requirements: 1. One (1) Story, Outbuildings, Pavilions, of a maximum of two hundred (200) square feet or ten percent (10%) of the Floor Area of the Principal Building, whichever is greater, shall be located in the Second or Third layer of the property and shall be set back a minimum of five (5) feet from any side Property Line and ten (10) feet from any rear Property Line. 2. Trellises, Gazebos, and other unenclosed Structures for recreational purposes, of a maximum of four hundred (400) square feet or five percent (5%) of the Lot Area, whichever is less, shall be located in the Second or Third Layer of the property and shall be set back a minimum of five (5) feet from any Property Line. Such Structures shall be a maximum height of fifteen (15) feet. 5.3.2 Building Configuration (T3) a. Encroachments shall be allowed as follows: 1. At the First Layer on Principal Frontages only, the Structure may encroach a maximum of ten (10) feet provided that said projection does not exceed fifteen (15) feet in height and thirty (30) feet or fifty percent (50%) of the Lot Frontage, whichever is less, in width along the front of the Building. Open Porches may encroach up to fifteen (15) feet into the First Layer provided that said Encroachment does not exceed fifteen (15) feet in height. Side facing unenclosed City of Miami Page 38 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: Parking Structures may encroach up to fifteen (15) feet and front -facing unenclosed Parking Structures may encroach up to ten (10) feet into the First Layer provided that said Encroachment does not exceed fifteen (15) feet in height. Cantilevered portions of Awnings, balconies, bay windows and roofs shall be a maximum of three (3) feet deep and may encroach up to three (3) feet into the First Layer. Other cantilevered portions of the Building shall maintain the required First Layer Setback of thirty (30) feet. 2. At the Second and Third Layers, Awnings, balconies, bay windows, chimneys, roofs and unenclosed stairs may encroach up to fifty percent (50%) of the depth of the Side Setback or three (3) feet, whichever is less. The minimum Side Setback of five (5) feet shall not be encroached. b. Unroofed screen enclosures shall be located within the Second or Third Layer only and shall have a five (5) foot minimum Side and Rear Setback. c. All outdoor storage, electrical, plumbing, mechanical, and communications equipment and appurtenant enclosures, shall be located within the Second or Third Layer and concealed from view from any Lot Line. These shall not be allowed as Encroachments, on any required Setback, except for existing Encroachments as of the effective date of this Code, where mechanical equipment, such as air conditioning units, pumps, exhaust fans or other similar noise producing equipment may be allowed as Encroachments by Waiver. d. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2. 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 + Freeboard, whichever is higher. A flat roof shall be a maximum of two (2) Stories and twenty-five (25) feet to the top of parapet. 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. e. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height necessary to conceal it, and a maximum Height of three and a half (3.5) feet. Mechanical equipment that is not fully concealed by the maximum parapet shall be set back a minimum of ten (10) feet from all Building Facades and fully concealed. At the roof, other ornamental Building features may extend up to three and a half (3.5) feet above the maximum Building Height. Roof decks shall be permitted at the maximum Height. f. Extensions above the maximum Height, for either a stair enclosure or ornamental purpose shall be permitted by right for Lots ten thousand (10,000) square feet or larger, provided that the extension is no more than eight (8) feet in height, no more than two -hundred (200) square feet in floor area and is set back a minimum of ten (10) feet from the Structure's Facades; such Setback is not required on Lots larger than one (1) acre. Enclosed extensions shall be counted towards the FLR maximum. Extensions shall only be permitted when FLR is available. City of Miami Page 39 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: g. Roof decks shall be set back fifteen (15) feet from all abutting properties. h. Fences and walls may be located up to and including the Frontage Line to the following maximum Height. Height of fences and walls shall not exceed four (4) feet within the First Layer, except aluminum or iron picket and post Fences with or without masonry posts shall not exceed six (6) feet. Fences and walls located within the Second and Third Layers shall not exceed eight (8) feet. 5.3.3 Building Function & Density (T3) a. Buildings in T3 Transect Zones shall conform to the Functions, Densities, and Intensities described in Article 4, Table 3 of this Code; Article 4, Table 4 of the Miami 21 Code; and Illustration 5.3A and 5.3B of this Code. Certain Functions as shown in Article 4, Table 3 shall require approval by Warrant or Exception. Consult Article 6, of this Code and the Miami 21 Code, for any supplemental Use regulations. Religious and Educational Facilities requiring additional Height, FLR, or relief from parking requirements may be permitted by process of Exception. 5.3.4 Parking Standards (T3) a. Vehicular parking shall be required as shown in Article 4, Tables 4 and 5 of the Miami 21 Code, with the exceptions as listed in Section 4.1 Parking Requirements of this Code. Parking may be accessed by an Alley when such is available. c. Garages shall be located within the Second and Third Layers as shown in Article 4, Table 8, of the Miami 21 Code. All required parking shall be set back a minimum of fifteen (15) feet from the Primary Frontage. d. In T3-R and T3-L Transect Zones, a maximum thirty percent (30%) of the width of the Facade may be parking, including unenclosed, covered, or garage. In a T3-O Transect Zone, a maximum sixty percent (60%) of the width of the Facade may be parking, including unenclosed, covered, or garage. e. Garages shall align with or be set back from the Facade. Garage Structures with access openings that face the street shall be set back a minimum of five (5) feet from the front wall of the principal residential Structure. f. Garage doors which are more than ten (10) feet wide shall not be allowed to face the street. In T3-R and T3-L Transect Zones, a maximum of one (1) garage door may face the street if set back from the principal Facade by a minimum of five (5) feet. g. Trellises may encroach into the First Layer, as provided in Section 5.3.2.a.1; Encroachment(s) shall not exceed the maximum Facade width allowed for parking, as stated above. City of Miami Page 40 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: Driveways and drop-offs including parking may be located within the First Layer. The maximum width at the Property Line of a Driveway on a Frontage shall be twelve (12) feet. Two (2) separate Driveways on one Lot shall have a minimum separation of twenty (20) feet in T3-R and T3-L Transect Zones and five (5) feet in T3-O Transect Zone. Except as required for the Driveway approach, no portion of any Driveway in a required yard adjacent to a street shall be within five (5) feet of any Property Line other than as may be required to allow for turnaround maneuver, in which case said Driveway shall be constructed of permeable material in its entirety. i. Tandem Parking on site is encouraged. 5.3.5 Architectural Standards (T3) a. Only permanent Structures shall be allowed. Temporary Structures such as mobile homes, construction trailers, travel trailers, recreational vehicles, and other temporary Structures shall not be allowed except as permitted by City Code. b. Roof materials should be light-colored, high Albedo or a planted surface. c. 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. 5.3.6 Landscape Standards (T3) a. A minimum of one (1) Buffer Tree shall be planted within the First Layer for each twenty- five (25) feet of Frontage Line. Existing trees that meet the minimum standards set by the Buffer Tree definition shall count towards this requirement. b. At the First Layer, pavement shall be limited as follows: Impervious pavement shall be limited to thirty percent (30%) of the area and pervious pavement shall be limited to fifty percent (50%) of the area; a combination of pervious and impervious pavement shall be limited to fifty percent (50%) of the area in the First Layer. c. Green Space for Lots in Transect Zones T3-R and T3-L shall be a minimum of forty percent (40%) of Lot Area. Green Space for Lots in T3-R and T3-L Transect Zones with only single -story Structures shall be a minimum of thirty percent (30%). Green Space for Lots in Transect Zones T3-O shall be a minimum of thirty-five percent (35%) of the Lot Area. d. All front yards 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. City of Miami Page 41 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: e. All fences and walls located within any street -front Setback area shall be covered from the Public Right -of -Way view by plant material except when said fence, or wall, is faced or constructed with Oolitic Limestone. f. Additional landscape requirements are listed in Article 9 of the Miami 21 Code. 9. Landscaping and landscape features (including existing Specimen Trees and Oolitic Limestone features) may be located within the City's Public Right -of -Way as long as such landscaping or landscape features do not encroach upon any line of sight triangle with a height of over eighteen (18) inches. Landscaping, at maturity, shall not encroach on the Sidewalk. New trees may only be planted by permit. Artificial Landscaping and synthetic turf is prohibited within the First Layer. City of Miami Page 42 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: ILLUSTRATION 5.3A SUB -URBAN TRANSECTZONES (T3-R AND T3-L) BUILDING DISPOSITION LOT OCCUPATION a Loy Area Established by Diagram 1. b. Lot Width 50 ft. min. c. Lot Coverage 50% max. d. Floor Lot Ratio 1FLRt 0.5 e. Frontage at front Setback N/A I Green Space 40% Lot Area min. 9. Densf 9 durac max. BUILDING SETBACK a. Principal Front 30 ft. min. b. Secondary Front 10 ft. min. c. Side 5 ft. min." d. Rear 20 ft. min. OUTBUILDING SETBACK a. Principal Front 20 ft. min. b. Secondary Front 10 ft. min, c Side 10ft. min." d. Rear 10 ft. min." BUILDING CONFIGURATION FRONTAGE a. Common Lam Permitted b. Porch & Fence permitted c Terrace or L C. permitted d. Forecourt permitted. e. Stoop prohibited f Shoofront prohibited Y. Gallery prohibited h. Arcade prohibited BUILDING HEIGHT a. Principal Building 2 Stones b. Outbuitduno 2 Stones PARKING Facade Width 30 max Refer to Section 5 3.1 for Specific Requirements BUILDING PLACEMENT 2�minl 4 44 11.4 t. 2w 3" Laver Layer Layer OUTBUILDING PLACEMENT ♦--►F • • 1 2=' Lea& Uysi Lever PARKING PLACEMENT So n,r.Lo rntert9r Lot • $Icwd VFrOm 1Q'min Atari • • Salf4i Lai Lira tw Layer Lsm City of Miami Page 43 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: ILLUSTRATION 5.38 SUB-URBAN_TRANSECTZONES (T3-01 BUILDING DISPOSITION i,CT CCCA4110*. . La 51/ prx•r■o r.:wrr 4ia z a aa.x1er y.+ ! 44,24i r"r°:.S .r Lcarlda 8.21Ceti •m N..:.14 ESILIZINLICIMICE 1=211= r.w e stcad•na.ae •... Sri._-- p4^*''''4L7re. CSl.nM LITEr • `^ 21111H [7Ydt: a .2 stSrler r BUILDING CONFIGURATION FR►.T ; 1 • saa•.rc.g; c t•+.c.rtt a tyKco LLar „"C'.7,ti F�{+ h€IGhir .,-4. -Re*, To LS a ' 7 t tc Sct. ?ra.atc'3 BUILDING PLACEMENT 4 .. •4 t L. Wilt WIZ Writ OUTBUILDING PLACEMENT • ■ w t$mO 4 .4 •4 L• r Wit Imt inns PARKING PLACEMENT • •* •4 L(bt Leal SKIN • City of Miami Page 44 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.1 INTENT AND EXCLUSIONS The supplemental regulations of this Article apply to the specific Uses listed below within the broader Use categories identified in Article 4, Table 3 and Article 5 of the Miami 21 Code. These regulations supplement other standards listed elsewhere in this Code. No permit or Certificate of Use may be granted for any Use, unless the Use complies with the requirements of these supplemental regulations and any other applicable standards of the Miami 21 Code. Specifically excluded from all Transect Zones in the City are stockyards, slaughterhouses, wrecking yards, rag shops, cement plants, paper factories, ammunition plants, fireworks manufacturing, house barges, refining, smelting, forging, and unattended donation collection bins. The regulations of Article 6, Table 13 herein are arranged by Transect Zone and in the same order in which they appear in Article 4, Table 3 of the Miami 21 Code. These regulations may be further supplemented by Article 6. When calculating distance separation requirements, measurement shall be made from the nearest point of the Lot of the existing facility, Use, or Structure to the nearest point of the Lot of the proposed facility, Use, or Structure. A blank cell in Table 13 signifies that the Use is prohibited. City of Miami Page 45 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS T3 - SUB -URBAN ZONE ' ESTRICTED IMITED O'EN DENSITY (UPA) 9 UNITS PER ACRE 9 UNITS PER ACRE 18 UNITS PER ACRE BOTANICAL Allowed by Exception only. Allowed by Exception only. Allowed by Exception only. GARDENS Minimum Lot Size of five (5) acres. Minimum Lot Size of five (5) acres. Minimum Lot Size of five (5) acres. May include the following: May include the following: May include the following: (a) Educational facilities including (a) Educational facilities including (a) Educational facilities including building for meeting and classrooms building for meeting and classrooms building for meeting and classrooms (b) Scientific research laboratory (b) Scientific research laboratory (b) Scientific research laboratory (c) Offices to serve the Botanical (c) Offices to serve the Botanical (c) Offices to serve the Botanical Garden Garden Garden (d) Residential living units for (d) Residential living units for visiting (d) Residential living units for visiting visiting scholars scholars scholars (e) Garden maintenance area (e) Garden maintenance area (e) Garden maintenance area (f) Gift shop or bookstore area. (f) Gift shop or bookstore area. (f) Gift shop or bookstore area. Outdoor display of merchandise Outdoor display of merchandise Outdoor display of merchandise shall shall be limited to areas not visible shall be limited to areas not visible be limited to areas not visible from from public streets from public streets. public streets. 6.3 COMMERCIAL DISTRICTS 6.3.2 Large Scale Retail a. Large -Scale Retail Establishment - A retail establishment, including membership establishments with any commercial retail Use, of over twenty thousand (20,000) square feet in gross Floor Area, which may be permitted by Exception. Movie theaters, health spas, gyms, fitness studios, entertainment venues, and Large -Scale Grocery Stores are excluded. The gross Floor Area includes Building gross Floor Area and ancillary outdoor storage or merchandise display areas. For the purpose of determining the applicability of the twenty thousand (20,000) square feet of Floor Area limitation, the aggregate square footage of all adjacent stores or retail tenants that share common check-out stands or a controlling interest, or storage areas, shall be considered one establishment. b. Large -Scale Grocery Stores - Retail establishments exclusively for the sale of groceries may be permitted by Warrant provided that the establishment does not exceed twenty-five thousand (25,000) square feet of gross Floor Area. Establishments abutting U.S. 1 (Federal Highway) may be permitted, by Warrant, provided that the establishment does not exceed forty thousand (40,000) square feet of gross Floor Area. Determining gross Floor Area and the applicability of the twenty-five thousand (25,000) or forty thousand (40,000) square foot limitation shall follow the regulations related to Large -Scale Retail Establishments. "Groceries" is defined as food products, dry groceries (such as household products and paper goods), and other items typically sold (such as meats, poultry, seafood, sushi, dairy products, frozen foods, fruits, vegetables, deli items, prepared foods, baked goods, health and beauty products, pharmaceuticals, and alcoholic beverages) or services commonly provided in a grocery store in Miami -Dade County. City of Miami Page 46 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: c. Retail Specialty Centers, as defined in Section 4-2 of the City Code, may be approved by a Warrant. d. There shall be no special events of any kind permitted on a property containing a Large - Scale Retail Establishment or Large -Scale Grocery Store including but not limited to those requiring a "special event permit" as defined in Section 54-1 of the City Code, as amended, in effect on the date of adoption of this provision. e. Site requirements - In addition to all requirements in the applicable zoning district, Large - Scale Retail Establishment shall meet the following site criteria and limitations: 1. Maximum size of Large -Scale Retail Establishment. The maximum size of any individual retail establishment within NCD-3 shall be seventy thousand (70,000) square feet. No individual retail establishment within a Large -Scale Retail Establishment shall be permitted which exceeds seventy thousand (70,000) square feet. Minimum Lot dimensions. Large -Scale Retail Establishment may be permitted exclusively in Lots having a minimum net area of two (2) acres. Properties which do not meet the two -acre size limitation shall be limited to individual Establishments of twenty thousand (20,000) square feet or less. 3. Minimum Setbacks and Build -to lines. Large Scale Retail Establishments shall have the following minimum Setbacks: (a) Side or Rear Lot Line abutting a residentially zoned property: Setback is fifty (50) feet. The Setback shall include a twenty (20) foot heavily landscaped buffer area. If an access alley, parking, loading door, delivery area, or inventory storage area is present along this side of the property, then the Setback area shall also include an eight (8) foot -high masonry wall inside of the twenty (20) foot landscape buffer. 4. Vehicular access. Primary ingress and egress to the site must be provided from the arterial(s) and not from secondary roads or collectors and is subject to the following: (a) Except as required for emergency access, vehicular driveways shall not be along local roadways as defined in the City Comprehensive Plan. (b) Except where required for emergency access or other compelling public safety reasons, vehicular driveways shall not be located within one hundred (100) feet of residentially zoned land along the same side of the street, as measured from the nearest point of the driveway. (c) Delivery vehicle access/egress shall be clearly defined in the Site Plan, and shall only be from arterial roadways, and located no less than one hundred (100) feet from residentially zoned land along the same side of the street, as measured from the nearest point of the driveway. (d) Where large and bulk merchandise sales are expected, customer pick-up access/egress shall be clearly defined in the Site Plan, and shall only be from arterial City of Miami Page 47 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: roadways, and located no less than one hundred (100) feet from residentially zoned land along the same side of the street, as measured from the nearest point of the driveway. Buffer. Wherever the property abuts another property with a more restrictive zoning designation, a Large -Scale Retail Establishment shall provide a twenty (20) foot wide heavily landscaped buffer. This shall include Buffer Trees at minimum fifteen (15) feet average spacing. Also included in this buffer shall be hedging and ground cover. This buffer shall be included in the required landscape plan. 6. Fences and walls. Fences and walls shall be erected to a minimum height of eight (8) feet wherever the property abuts another property with a more restrictive zoning designation. f. Large -Scale Retail Establishments shall be located exclusively on a Lot having Frontage on one (1) or more arterial roads. 9. Hours of operation. Large -Scale Retail Establishments shall open no earlier than 7:00 a.m. on weekends and 8:00 a.m. on weekdays and shall close no later than 11:00 p.m. on weekends and 10:00 p.m. on weekdays. Deliveries to or from any Large -Scale Retail Establishment shall be limited to the hours of 10:00 a.m. through 3:00 p.m. Monday through Saturday; no deliveries are permitted on Sundays h. Variances prohibited. No Variances from the provisions set forth in the site requirements or hours of operation are permitted. ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1 PROCEDURES 7.1.6 Notice of Hearings Notice of hearings shall be as set forth in Chapter 62 of the City Code or as set forth in the Miami 21 Code. a. Additional notice required for Exception and Variance applications. All Coconut Grove neighborhood or homeowner associations that wish to receive a courtesy notice of Exception or Variance applications in their areas shall register with their Neighborhood Enhancement Team ("NET") Office on a yearly basis, in which the association shall request such notification and shall specify the name, address and telephone number of the official representative of the association designated to receive said notice and a list of all the officers of said association. At the time of initial application for an Exception or Variance, the applicant shall obtain the list of all registered neighborhood and homeowner associations pertaining to the application in question from the Planning Director or the Zoning Administrator and shall notify the official representative of all such registered associations in writing, by certified mail, of the application. The applicant shall submit with the application these certified receipts. If any such City of Miami Page 48 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025 File ID: 3001 Enactment Number: association has any comments or recommendations, such comments and recommendations shall be submitted in writing to the Planning Director or Zoning Administrator no later than fifteen (15) days from receipt of such notification. Late or misdelivered comments shall not be considered. b. All properties located within the Village Center shall be reviewed by the Coordinated Review Committee, as established in Article 7 of the Miami 21 Code. *„ 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. This Ordinance shall become effective immediately upon its adoption.4 APPROVED AS TO FORM AND CORRECTNESS: 4 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 Page 49 of 49 File ID: 3001 (Revision: A) Printed on: 5/15/2025