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Home My WebLink AboutPZAB (3730) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-18-032 City Hall 3500 Pan American Drive Miami, FL 33133 www, m iamigov. com File ID: 3730 Final Action Date: 6/20/2018 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL, AS MODIFIED, OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO AMEND APPENDIX A, ENTITLED "NEIGHBORHOOD CONSERVATION DISTRICTS", BY REPLACING SECTION A-2: "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)" AND SECTION A-3: ENTITLED "COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3)" WITH NEW REGULATIONS, STANDARDS, AND GUIDELINES FOR FUTURE DEVELOPMENT WITHIN THE COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida 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 entitled "Village West Island District and Charles Avenue" ("NCD-2") and the Neighborhood Conservation District entitled "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; to enhance and protect Coconut Grove's natural features such as the tree canopy and green space; and to protect the architectural variety within the unique single-family neighborhood that comprises Coconut Grove; and WHEREAS, it has been determined that modifications to the Miami 21 Code, 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, staff has identified the need to reformat NCD-2 and the NCD-3 to match the Miami 21 Code format, providing further clarity and enforcement ease; and City of Miami Page 1 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2016 WHEREAS, the proposed regulations have resulted from an extensive public outreach process, which engaged 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 NCD-2 and NCD-3 to preserve the social and physical character unique to Coconut Grove; and WHEREAS, the proposed regulations introduce additional protections for green areas, which will help to maintain the physical character of natural, lush, heavily landscape residential areas; and WHEREAS, the proposed regulations also protect the physical character by regulating 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 regulations ease restrictions on Ancillary Dwelling Units, which will help to increase housing affordability by increasing housing stock while maintaining neighborhood character; and WHEREAS, the proposed language replaces Section A.Z. entitled "Village West Island District and Charles Avenue" ("NCD-2") and Section A.3. entitled "Coconut Grove Neighborhood Conservation District" ("NCD-3") of the Miami 21 Code; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB") has considered whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan, the Miami 21 Code, and other City regulations; and WHEREAS, the PZAB has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, the PZAB, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its citizens to amend the Miami 21 Code as hereinafter set forth and as further modified by the Planning Department during the PZAB hearing regarding height for lots 20,000 square feet or larger; NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The PZAB recommends that the City Commission amend the Miami 21 Code by replacing Appendix A: Neighborhood Conservation District-2 ("NCD-2") and Neighborhood Conservation District-3 ("NCD-3") with the following particulars, and as further modified during the PZAB hearing:' City of Miami Page 2 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 ' 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 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 APPENDIX A: NEIGHBORHOOD CONSERVATION DISTRICTS TABLE OF CONTENTS * A.2. VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD 2) 2.1 Boundaries 6 2.2 Intent 6 2.3 Effect of NCD 2 district designation. 2.4 Residential 2.5 Village West Island Commercial Districts 3 3.1 Boundaries 3.2 Intent 3.3 Effect of district designation 3.4 Additional notice and review 6 7 10 16 16 16 3.5 Coconut Grove Corridors 17 3.6 Single Family Residential District 17 3.6 Reserved for Coconut Grove NCD 3 (R 2) Two Family Residential District 21 District -- 21 3.8 Coconut Grove NCD 3 Commercial Districts 21 VENUE (NCD 2) Bound.,ri,,.� portion of Marler Avenue along the south. More specificaII depicted en the a"iam-i 21 Atlas. 2.2 Intent and character of the existing neighborhood. Both Village Island West and Charles of Miami. The intent of NCD 2 is to identify and recognize this historical significance; to City of Miami Page 4 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 ; doctor• historical ohurchoc nci s al other historic homes , vav��vu� u��u�v,,a.. , s,u Ji...�vt.'r 2.3 Effect of NCD 2 district designation. The effect of these NCD 2 regulations shall be to modify transect regulations included 'th' the NCD bo indaries to the oxtort indicaated I' r. neighborhoods to become Historic Preservation Overlay, All demolition permits shall require a 5Nalvnr anri be referred to the i Plannng Deportment survey by a certified arborist. 2.4 Residential lska„d-Di triot and Charles Avenue, hereafter referred -to as -NCD-2 + s modifiod , o�.�c�r-aszTvmTr below. If any such requirements conflict, NCD 2 requirements -ham 2.4.1-Charles Avenue a. All new construction, major alterations, and additions on Charles Avenue shall be required to be reviewed by the procc-c of Waiver. To ensure the compa+ih" f new conetructien en Charles Avenue, the design fora nstr ,ct•on shall scale, materials, roof slope, general form, massing and ornamental details. review of historical significance. the Carihhnnn and the earli Ofrican ilmerican cettlnrn City of Miami Page 5 of 56 File ID: 3730 (Revision:) Printed 0n: 7/5/2018 a Adjacent Tots or lots in the same subdivision under single owncr:Aip, or duplicate architectural plans. Adjacent buildings under such conditions shall be b. Front yards All front yards in the NCD 2 shall be do c. Building Envelope including vacant lots and all --pc Height Height is limited to a maximum of twenty five (25) feet measured to the midpea+}t between the eavc and roof top and is measured from flood level or average elizievatio4Aci-i-ohever is Iaigher. I-n a4d41on to the maximum heig#t-of twenty-#ive (2 feet rneaeured to the mid point f the roof top and eave, chimneys, cupolas or other non habitable architectural features of twenty-five ht-of thirty (30) feet or {13) feet. c. Green Space f. Permitted Accessory Uses and Structures buildings. g. Additional Limitations and requirement 1. Lots and building sites: but not be limited to swimming pools, tennis courts, walls, and fences or other at grade or above ground improvements. No building sites in City of Miami Page 6 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 by Warrant, subject to the criteria specified in Article /I, Table 12 Design Review Criteria. 2. Garages and Driveways: s, no garage shall be located along the same front sctbackline as the f + lI + re iron+ l structure unlcsc the garage door(s) does not face the street. Garage structures 9^Pith aoees-c o nings that fra-oo ho-str-eet-s-h-a-ll-be set pace residential structure. principal residential structure. driveways shall -have a maximum width of ten (10) feet within the first (d) Driveways within a single building site shall not be loca+ el maser +h twenty five (25) feet to each other. of permeable materials in its entirety. dem parking shall bbe ally» ed �. �.,..,. �.� ,y u u ivv-rccr (g) Garage doors which are morn t pan nine (Ql foots ide h II + h. allowed. 3. Fences: from the public right of wayv4e345,,-14y-pia-rit-m-aterial-exGeigt-when-sa-i-E1-fende 41. Landscaping: ndecap ordinances. h. Setbacks 1.Prinoipal Building: ofthe building foot��; i^t Projections of buildings into required setbacks herein. glum Front Setbacks: -T-hhe min+mum front setback shall be -thirty (30) foot. The s+rof ire m project a maximum of ten (10) feet into the minimum required setback -of City of Miami Page 7 of 56 File ID: 3730 (Revision:) Printed On: 71512018 required setb-ask of thirty (30) feet. On earner lets the €tr" st° "re y project a maximum of fifteen {15) feet into the minimum required setback of thirty {30) feet. (i) Minimum Side Setbacks: The minimum side setback shall be fiv - t except fur corner lot�ys , N. (10) feet he minimur tetaa cdosetbaoks to he divtributod hal„— a.s blisd estahein tho following tab a .� ` TABLE INSET: Building Site Sizc in Square Feet I ntcrior Lot, First Story of Structure Interior Lots Structure Co-rner Lots First Story of Structure Corner Lots Second Story of Structure Le ,s than 7,500 10 feet 15 feet 15 feet 20 feet 7,500 10,000 15 feet 25 feet 15 feet 25 feet Moro thane 1 0 25 foot 35 feet 25 feet 35 feet {j) Minimum Rear Setbacks: The minimum rear setback shall be twenty (20) feet. (k) Accessory Buildings: The minimum side setbacks shall be ten (10) feet. The minimum rear setback shall be ten (10) feet- 2.5 Village Wcst Island Commercial District a Limitation. Corridors defined in Appendix A, section 3.5 shall be limited to a maximum izc related services, except as may be modified below for "large scale retail establishments." Retail specialty centers as defined in City Code Sec. /I 2 located adjacent to Coconut Grove Corridors listed in Appcyidix-r^, seat+en-3.57 from the limitations of this section. A "large scale retail establishment" for the purposes of NCD 2 is defined as a including membership establishments with any commercial retail use, of over City of Miami Page 8 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 twenty thousand (20,000) square feet in gro,s floor area. The gross floor area aggregate square footage of all adjacent stores or retail tenants that share common checkout stands or a controlling interest, or storage areas, shall be oencidered ono octablishment c. Exception required for Large Scale Retail establishments. Appendix A, section 3.5 shall be permitted only by Exception. d. Site requirements. In addition to all requirements in the applicable zoning district, "large scale r�ctaal establishments" must meet the following site criteria and limitations:: 1. Maxim size -of retail establishment. Coconut Grove Corridor shall be seventy thousand (70,000) square feet. shall -be permitted which o..oeeds seventythnusand (7(1 0 0) .. �..,,,,....,�...,,,.,,, ..,.�.,�u square feet. '2.. Min mi m lot dimensioi & "Large scale retail establishments" may be pens fitted exclusively in lots having a minimum net area of two (2) acres. Properties which do not meet twenty thousand (20,000) square feet or lest. 3. Minimum setbacks and build to Iinc , L arise Scale Retail establishments shall harm the f II setbacks: the build to line to the fit of way line shall be used for permanent !.,j, ewalks with ills iminatinn pedestrian amnn'tie r landsoa.,.;.z.-. located. Landscaping in this setback ar a hall ^n, ,nt tr A1ard thn s a time. (b) Side or rear lot line abutting a reside tially zoned property: set -ask --is fifty (50) feet. The setback shall inctude a 20 feet heavity landscaped the 20 foot landscape buffer. /I. Building orientation and facades. City of Miami Page 9 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 Comprehensive Plan. a front. Regular public ingre&c/ogress 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 frontages: (li) Storefront windows, with interior spaces visible and lit from within at ground floor wall „n building front elevations defined h1eFei. 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 assess. Primary ingrece and egress to the site must be provided from the arterial(s) public safety resons, vehicular dri one hundred (100) feet of residentially zoned land along the same s of tho-street, as meas'uF d' romtyhe-n st-per driveway. (d) Where large and bulk mcrchandtse sales are oxp eted, cu t er pick up accesslegresc shall be clearly defined in the site plan, and skill only be from arterial roadways, and lecated no lesc than one hundted sha reguirod fora "large scale -retail -establishment." API • rogu+re4 parking must bo provided on its (b) Along collector roads as defined by tho C ity Comnrehenciv o Plan th k fronn the roadway. City of Miami Page 10 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 buffers, building design or other features shall completely screen access. (-d)i Io'dirig aarnnal -et lveres ch-,II be ad.1av.nt }ton arecial roadway. Said loading and de livery areas shall be screened from public view by an eight foot wall. 7. Green space. A "large scale retail establishment" oh3II impinmr,nt lac. caging in an Board as part of the required Exception 8. Buffer. on 15 foot centers. Also included in this buffer shall be hedging and 9. Fences and walls. Fences and walls shall be erected to a minimum height of eight (8) feet wherever the pr© er# s th r n �* +h ore restrictive zoning designation. c. Locati A4ta-r-g-e-seale-r-et-ei-kestablis4-mentLs-he-ll-be-1-esateel-exel-us-lvely on a lot having frontage nn ono (1) or mn arteri I d f. Hours of operation. Except for special events requiring Clan- I permits, a "large scale retail p- —gin weekdays Del-Oyeries tv er from any `°large scale retail establishment" Saturday. g. Variances prohibited. No variances from the provisions set-forthin the sit rnguiremen+ f operation are permitted. 2.5.1 Mixed Use Cultural District City of Miami Page 11 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 of retail and provide a culturally themed bridge to all other parts of the District by commercial main street. To this end, the i markets, cultural facilities, art and a. Use Regulations al District shad permit the following Uses in addition to 2. "Large-scale retail establishments" exclusively for the sale of groceries and the Mixed Use Cultural District only for properties with an underlying goods, health and beauty Bars, saloons, taverns, private clubs, supper clubs, including those with dancing cinr# live entertain.,,o + re er t ed it h ground floor loc u ti ationc only, cuhieet to Iim•tati^n ^ buffer overlay districts: 5. Vending in open space as per the City of Miami's Vending in Open Space Regulations. b. Height City of Miami Page 12 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 structures shall ae Iimitod to a maxims of fifty (F,0) fo t a el d `trued Tres sha11 he limited to ixty two (62) feet to be se mod fo b more than five (5) stories. c. Architectural Guidelines conform to the Village lcland Wcct and-C-Faa-El-Aven-ue-Area-iteet-id-Fal-and-U-r-e-a-14 guidelines. d. Additional Regulations 1. Existing businesses established prior to the adoption of this code shall be cultural therm without being considered nonconformities. 2 I Inrlorgro5 inri parking shall he permitted in T3 Transest Zone.. by Warrant �. "�Su Sy�„u5� for those properties which abut T5 Transest Zones along G_rar,d /5ven - between SW 37th Avenue and SW 32nd Avenuoin„ T3 designated the underground -parking structure. ^lo replat is rogr irr,d if the T3 Tr- et minimum setbacks shall apply: (a) T3 R Properties () Front: twenty (20) feet (i) Side: five (5) feet (ii) Rear: zero (0) feet (-b) T3 0 Properties O Front: ten (10) feet (ii) Side: Zero (0) feet (ii) [ ear: Zorn (0) feet () Minimum required setbacks may be reduced through the Warrant prosessT 2.6.2 Market District Street to the east and EIizaboth Street to the west v♦ •v �� . �euti� ui iu 5_ii�u5.�41� 5 VlS I'itiZVTfT�PPGT- City of Miami Page 13 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 a Use Regulations. h are p ed'I ifa the I erlying transect zone: 1 Farmer'& arketc and Caribbe aftr• nd food m rket5 that s aliz the cafe of craft& anti fresh fr itr• nd vegetable ermitted within thi �...,...,�..... v� rri rs ern mrevn�rQiia--c�r�a--vrc°��e'nrrsre��r��renTrrcrea�rrtrnn-rr-rrs district, subject to a Warrant with a mandatory referral to the district NET further ci ihiect to the fnllowinfi limitations• thousand ('I 5 000) cgs care feet of lot (b) An outdoor market shall be limited to no more than sixty five (65} percent of the area of thc subject parcel in display area. (c` n n outdoor market may not incl e4e any permanent ctn Teti are& A II rdicpla wf . vuc.avvi iiiuiiw.iiiu tables her sti h terial must be removed at the end of thc permitted time of operation. (d) The outdoor market display ar o shall -be located along the (°rand 11vcn e frontage anrd bocot hank no less than twenty_five f25) feet from any abutting residentially zoned property. )N (eo outdoor market mar .. be located &lacer than one thoueanrl five t hundred (1,500) feet from another outdoor market. (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 the Village Iclanrd West and Grandyen ce Architects iral and I Irhan floc's architectural facades as described and as examples are shown within tho guidelines. 2. Existing businesses esta allewnrl to remain in_the Market District regardless of their cultural them without being considered nonoonformities. h 3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT Nf"r1 3 3.1 Boundaries City of Miami Page 14 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2016 Way and McDonald Avenue along the west (Main Hwy Bird Road), Bird Road on depicted ohe Miami 21 tia 4y n +s+ , a. Coconut Grove Sub Districts: 2. Center Grove bounded by U.S. 1 on the north, S.W. 27th Avenue on the „t, Oak Street on the south, and S.W. 32nd Avenue on the west. 3. South Grove bounded by Loquat Avenue, Kumquat Avenue, Franklin June Road on the west. on the west. 3.2 Intent The intent of the Coconu-t-G-r-Gve-Ne4121-1Ge-F4Gocl-Gen-seRtatien-13:Fstriet-NC-D-3-is-to establish a protective series of legislative elements to preserve the historic, heavily Coconut Grove's natural features such as the tree canopy and green space; and comprises Coconut Grove. The com rove predates the City of geologic features ximity to Biscayne Bay; public open space; recreational vegetation and historic structures. the character of the subdivision within +ho N-GD 3 are„ 3.3 Effect of district designation The effect of these- WCD 3 regulations shalt --be to modify +ransect roc lati nc T rZT�o a s i�u. cr7 r� cb[� ��urrvnv City of Miami Page 15 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 for --review under the Tree Preservation Ordinance. All submittals shall contain a tree survey by a certified arborist. 3.4 Additional notice and review a. Additional notice required for Exception and Variance applications. All Coconut Grove netcpborktood—or--h-omeown-e-r—ass-eoiaticOat—wis-h—to receive a courtesy notice of Exception or Variance -applications in their areas shall register with }heir Neighborhood_ Enhancement Team (NET) Office on a v��....., ..�.�. .�,..�� .Wayrir,wiir.�vv iririurr�Wrrr�,rr Winning Department or to the Zoning Adrnin.ctrater i which the acnoniation shall request such notification and shall specify the name, address and to receive said notice and a list of all the officers of said aszociation. At the ouch registered associations in writing, by certified mail, of the application. The applicant shall crihmit ,..i}h the r.licati„r, th860 certified receipts. If any such recommendations;; be submitted in writing to the Planning Director or noti€inn}inn l ate or micrlelivered common# haft not hn idered b. All properties located within the Village Center shall be reviewed by the Coordinated Review Committee. adjacent to the right of way: • South Bayshore Drive • Tigcrtail Drive S.W. 27th n,.ani le • Rird Avers ie MacDonald Street • Main Highway • Douglas Road • Grand Avenue • Le Jeune Road following nodes}rian safety and comfort standards• ...�rU�r ,..,.,..tr uii..+ �viiri mil ..r4uirUUrUJ.- 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, City of Miami Page 16 of 56 Fife ID: 3730 (Revision:) Printed On: 7/5/2018 uses where permi ciblc. 3. The number and dimensions of curb cut -and driveways shall be minimized by the controlling jurisdiction. 1 amily Rosin l Di t n �, @-F��..�CsN ties,--orF��f"-IGc The single family residential district is intended to protect the low density residential and dominant tree canopy characteristics of Coconut Grove and prcvcntthctinti=uoi n--of additional density, uses, and height. All T3, Single Family Residential zoning regulations shall apply within the Coconut Crovc -NCD 3 Single Family Residential District-, hereafter referred to as NCD 3, shall apply de.eloped by u yingle buder yr develoNer shull not om I the same, similar or duplioatc orohite^turol plane adjacent buildings under such conditions shall icr -substantially differentiated in massing footprint and exterior detailinn b. Front yards All front yards in the NCD 3 shall be designed in a way -that minimizes h-e impact of garage fronts and off street parking. Front yards shall provide a more permeable surface and use abundant andscaping and tree canopy throughout. c. Building Envelope site inolurling s ^ant Into and w11 p cihle and strict roe atpl ding sites shall net include portions of land roller different zonin transect. d:-Height He4ght-is-1-i-m-ited-to-a-m-axi-m-u-m-cf-twenty-five-(-2-5--)--feet--meacw-ed-tia-the average sidewalk elevation, whichever is higher. In addition to the maximum height of twenty five (25) feet measured to the mid point of the roof top and cave, chimneys, cupolas or other non habitable architectural features of twenty five (25) cnuore feet in area or lees may reach a ma im h h+ f y � � ti thirt (30) feet er as regutred by the fire cede. For I „+^ i+h I than ten structures shall be thirteen (13) feet. c. Green Space area. The use of permeable material for surfaces in the required yard may City of Miami Page 17 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 allowable floor lot ratio and building footprint are not exceeded. Said second two story principal buildings. �rlrtitional I imitntionn , nd ren Tremont 1. Lots and building sites: Wherever an existing single family residence or lawful—assev thereof, such lots shall thereafter sonette only e-P,e building site and no 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 y ground improvements No building sites in e t # w to the criteria specified in Article i1 Tehle 12 design Review Criteria 2. Garages and Driveways: minimum of twenty (20) feet from the front wall of the -principal residential structure. (b) Garage structures with access op n;ngs that face the street on principal residential structure. five (5) feet of all street front rerruiced otbac-- ryeway$ within a single bu lding site h II net he lei fort I .h twe ty_five (25) feet to each other.. turnaround maneuver, in which case said {f) Tandem parking shall be allowed. (g) Garage de rs which are -more than nine(9) feet 44-e-s-n IIntbo allowed. 3. Fences: driveway shall be City of Miami Page 18 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 is faced or constructed with eslit+c limestone. �. Landscaping: All landscape shall comply with the City's landscape and tree protection ordinances. Single Family lots 1. Setbacks: (a) Principal Building: placement of the building footprint. Projections of building-s into required setbacks shall be permitted subject to the criteria and requirements specified herein: {r) Minimum Front Setbacks: The minimum front setback shall be thirty (30) feet. The structure may project a maxi mum of ton (10) feet into the minimum required setback of thirty_('() feet provided said nroinctiori door not a r.d c thirty (30) feet in width along the front of the building. Unenclosed feet into the minim ,rn rest irenl setback of fh'rtir (`l'fll fast (ln so rher minimum required setback of thirty (30) feet. {i) Minimum Side Setbacks: The minimum side setback shall be five (5) feet, except for corner tots where the minimum side setback adjacent to the street shall -be ten (10) feet. The minimum total side setbacks to be distr+buted TABLE INSET: Building Site Size in Square Feet peso than 7,500 Interior Lots First Story of Structure 10 feet 15 feet Interior Lots Second Story of Structure 15 feet 25 feet Corner Lots, First Story of Structure 15 feet 15 feet Corner Lots, Second Story of Structure 20 feet 25 feet More than 10,000 25 feet 35 feet 25 feet 35 feet (iii) Minimum Rear Setbacks: The minimum rear setback shall be twenty (20) feet: (iv) Accessory Buildings: The minimum side setbacks shall be ten (10) feet. City of Miami Page 19 of 56 File 1D: 3730 (Revision:) Printed On: 7/5/2018 The minimum rear setback shall be ten (10) feet. The maximum width of said connection shall be ten {10) feet. i. Single Family Large Lot Residential designation j. 1. Lot size minimum lot w-idth is limited to one hi inched (100) feet in order to preserve the large lot suburban character of certain neighborhoods within Coconut G rove. 2. Limitations on yards All yards adjacent to South Bayshore Drive shall be a minimum of seventy (70) feet. 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. R. Single Family Estate Lot Residential designation. The intent of these regulations is to allow existing Estate Lots to be developed structures compatible with residential surroundings. This district is designed to protect and preserve the existing character of estates and allow the buildinn of i vacant lend concidorod appropriate for ush rdevelopment in the futi ire 1. Lot Size Minimum lot size shall be one (1)-acre (i13,560 square feet) and a minimum le440.44t-h-of-eee-h-u-ne-Feel-(-1-00)-feett 2. Limitations on yards All yards adjacent to South Bayshore Drive shall be a minimum of seventy (70) foes Bay windows and balconies may project a maxim m of three (3) feet into a yard setback. 3. Accessory Uses and Structures single fa-n=iily residential (T3) district unless stated otherwise. Enclosed acccssory buildings shall be used only for occupancy of nen crying guests of the owners of the primary residence or bona fide membeFs of the family or household stuff -and no kitchen or conking facilities shall City of Miami Page 20 of 56 File ID: 3730 (Revision.) Printed On: 7/5/2018 be constructed or used therein except by approval by the Planning Director of a written agreement with the City stating that such staff. The property owner must execute and record in the public records a Declaration of p [ tr c c + the 11c f +he cit will rQ�1 CIO Q �COIQI Q[i01 F vl l�estl iTJtien—lt�tinQ t��i-CfT�Gf7��TClTC�Ti�4P1"rT e reBer„orl for a single family rnoid„yce No asses eery structure shall Declaration of Restriction. Further, if any accessory structure and use i-s subdivided from the principal structure and use to which it is accessory or, alternately, if the principal structure is demolished or removed, the use of such accessory structure shall be terminated until a new principal structure and use is established or— he -lot on which the ac a so y strl ct re a ndJ a is located {b) Attached or unattached accessory structures includ a -to garages• contained in this section shall prohibit the construction of an-enclo�osl accessory building containing bedrooms with bath facilitioc e-bc . c4 T, connection with and as apart of + �rimor resider, +ire building lines as provided in this section. conversion would increase thc lot coverage of thc principal structure above the allowed percentage. /I ---Height as defined within this code. Height is measured to the bottom of the eave. \ /ariatons to the Height roguiromnn+ ma.. b0 holed for cpL lightsC solar, G I I icl 9 rrrl G C1'O I I I I I G 1 1 4 I I I Q�'G �a I ry i i C%L7 1 01 O I Spf 19 1 1 CO O'1 cover more than ten (10) percent of the roof structure. 5. Botanical Gardens A Botanical Garden is allowed by Exception. A Botanical Garden shall (a). Educational fanili+ins inr•ludinn hl gilding for meeting and nl�+csroomr• (b) Scientific research laboratory (c) Offices to serve the Botanical Garden {d) Residential living units for visiting scholars (e)—G-ar-d-e-R-144a-i-14teiclan-G.e-afea (f) Gift shop or bookstore area. Outdoor display of merchandise shall bo limited to ar as not visible from public streets 3.6 Reserved for Coconut Grove NCD 3 (R 2) Two Family Residential District 3.7 Reserver! for Coconut_C; rove NCD_3 (R-3) Multifamily Medium Dnnsi4 y Residential District City of Miami Page 21 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 3.8 Coconut Grove NCD 3 Commercial District a. Limitation The square footage of individual retail establishments within Coconut Grove Corridors defined in 3.5, and in the Village Center sub district as defined in 3.1, shall be limited to a maximum size of twenty thousand (20,000) square feet in total floor ar a used for retail and related ccrviees exoepf mat ba modified below for "large scale retail establishments." Retail specialty centers as defined 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 including membership establishments with any commercial retail use, of over includes building grose floor area and ancillary outdoor storage or merchandise common checkout stands or a controlling interest, or storage areas, shall be considered one establishment. c. Exception required for "large scale retail establishments." A "large scale retail establishment" within the Coconut Grove 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 (010,000) 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 products and paper goods), and other items typically sold (such as meats, poultry, s afood, 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. c. Site requirements In addition to all requirements in the applicable zoning district, "lame scale retail establishments" must meet the following site -criteria and limitations: 1. Maximum size of retail establishment The maximum size of any individual -retail cstablizhmen+withinGosenut 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. City of Miami Page 22 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 2. Minimum lot dimensions `large scale retail establishments" may bc permitted cxalu„il„ iss slaving a minims net area of two (2) acres Properties which do not meet the two acre cite limitation shall be limited to individual establishments of twenty thousand (20,000) square feet or Icse. 3. Minimum setbacks and build to lines Large Scale Retail establishments shall have the following minimum setbacks: residentially zoned property bid to lane is twenty (20) feet. The area from the build to linc to the right of way line shall be used for permanent sidewalks with illumination, pedestrian amenities, or landscaping, oxoopt in aareas ao reguirerdl for e ergenn nor cc nr where driveway entrances are located. Landscaping in this setback not be used for -parking or loaning at an., time Leh) Side or rear lot line-acb'rutting a residentially zoned propert set ;� fifty (50) feett. The setbackshall snits de a 20 font heavil nd&caped e vcrcac� ev�w-e�Tea etc bifFer area If nn access alleys narkinn loading door delis nr inventory ntorago.�rea is present along this side of the rty then the ...�..��.....� ...�...��..+,.�..... �.. p.�......��...�..,�y u��.�.�,.,w .�vi u9�. r,��ta ty, uet�rrrrte of the 20 foot landscape buffer. 4. building orientation and facades visual im acts ofthe crate of the b Blinn {b) Large scale retail structures may bc oriented with their entrances a toward arterial ro nrrollentor dways+ ac definedt in he City Genf-prehensivc Plan. �u�yr a front. #Regular blic ingress/!egress t built+ng- shaI be 18 d fa �� e'ntial uses. Thor ate pro than one (1) front Front and side facade design shall include the following design features to minimize scaIo impacts and promote activated—otreet frontages. {d) Building design variations at intervals no groator than fifty (50) feet (e) Storefront windows, with interior spaces visible and lit from within at floor wall on b !d4nn front elevations ac rlefinnrl herein Windoi nacin should bc such that no more than twenty (20) percent of the length of the -wail may have an uninterrupted length without storefront windows. 5. Veh-icular accec's Primary -ingress and egress tot",e-s-ite-must be provided from the arterial(s)- and not from secondary roads or r„Ilert„rs and subject to th„ following• City of Miami Page 23 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 {-a)-E--xGapt-as-requireel-far-em-arg-enGy-ays-snalt -Rat be along local roadways as defined in the City Comprehensive Plan- (b) Except where required for emergency acce s or other compelling public safety reasons, vehicular driveways shall not be located within - one hundred (100) feet of residentially zoned land along thc same side of the street, as mieassurcd f�rvrm thhc-'Tcares+ point of the ddv ay-. {c) Delivery vehicle access/egress shall be clearly defined in the site plan, and shall only be from arterial roadways, and located no Icc'„ than one hundred(100)feetfrom 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 arc expected, customer piclF up acces/egress shall be clearly defined in the site plan, and shall only be from arterial roadways, and located no less than one hundred (1_00) feet from residentiail-yFzaned ll nc ng theme sda of theme s reet os mead fired from the nearest point of the driveway 8. Pa; king and loadi ;�; eguiremente (a) Fine (1) space per very two hundred (750) cguare feet of lure floor area shall be required for a "large scale retail establishment." All required parking must be provided on its (b) Along collector roads as defined--bythe C prethenci e—Ran, setback buffers, building design or other features shall screen parking such that no morn than thirty G)— err_ent of the narking lot or facilities .�.wvi" u�ua ""� """v".. u"ur" sin y � _ are visible from thc roadway {c}Along local roads as defined by the City Comprehensive Plan, setback buffers, building design or other features shall completely screen park; g cah-that�„��;e parking let ar faciiities-are not vicible frTarn -tnhe roadway except for distances as rag iirorl by drivew ycy a acce,-„. (d) All loading and deliveries shall be adjacent to an arterial roadway. Said loading and de livery areas shall be screened from public view by an eight foot wall. 7. Grccn spaco A "large kale retail establishment" shall implement landscaping in an area Landscaping shall be implemented generally so as to provide ample shade impact of the structure and parking space on the streetscape. 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 proper nother prop c with more restrti City of Miami Page 24 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 twenty foot wide h avily landscaped buffer. This buffer shall include Florida native trees at no lec'a than fifteen (15) to twenty (20) feet in height, with a dianater at breast height of nn Iess than four ('1) to five (5) inohec cn od ground cover. This buffer shall be included in the required landscape plan. O. Fences and walls Fences and walls shall be e arnted to a - a minim"m igh het of eight (8) feet th wherever epr� opertabs-th utanoerproperty th ro not; e zoning designation. f. Location of "large Scale Retail establishment" n ', ge cnale r tail cstablishn en " shall be located exclusively on a lot having frontage on one (1) or more arterialread,T g. Hours of operation Except for special events requiring Clacc l permits, a "large scale retail on weekdays and shall nlnsn no later than 1100 n m on weekends nd 'I0•n0 .-.. .........., ..rr., �..r �.. ��.ur� v,�.... r,v ,uw, a ,ur r : r .vv p:rn. an weekdays. Deliveries to or from any "large-scale retail establishment" shall be limited to the hours of Saturday. h. Variances prohibited No variances from the provisions set forth in the site requirements or hours of operation are permitted. City of Miami Page 25 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 A.2. VILLAGE WEST ISLAND CONSERVATION DISTRICT (NCD-2)1 Article 1. Definitions 1.1 Boundaries 1.2 Definitions of Terms Article 2. General Provisions 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 1 The referenced Articles and Sections correspond with the appropriate Miami 21 Code Articles and Sections. City of Miami Page 26 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 A.2. VILLAGE WEST ISLAND CONSERVATION DISTRICT (NCD-2) ARTICLE 1. DEFINITIONS 1.1 BOUNDARIES Generally described as bounded by City of Miami ("City") limits to the west, US 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. More specifically depicted on Diagram A2.1. Diagram A2.1: < ncnmlt (;,ove! '1 fr irnunr Si r., alit! Dmnnlshmitnt Coconut Grove Conservation District Lot slaws Miftlmum Lot Mu after Diminlshmem ® s,om wn.1.1.1 me TWO wn m**ggm 30.i01)604 minimum & 1001t .4 h mom.. 40,000 aq.1t minimum & 100 ft *0th mmmuml YMapt Wed Mend anti Christ Averts 11C0.2 - 5telM Nrks 1.2 DEFINITIONS OF TERMS 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 City of Miami Page 27 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 Village West Island Neighborhood Conservation District honors the legacy of the African - American community in Miami'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, 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. 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. 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. Where standards set forth in the Village West Island Neighborhood Conservation District (NCD- 2) conflict with Coconut Grove Neighborhood Conservation District (NCD-3) or Miami 21 Code, the standards set forth in this Neighborhood Conservation District, NCD-2, shall control. Where the Village West Island Neighborhood Conservation District (NCD-2) is silent, the underlying Coconut Grove Neighborhood Conservation District (NCD-3) regulations shall apply. Where the Village West Island Neighborhood Conservation District (NCD-2) and Coconut Grove Neighborhood Conservation District (NCD-3) are silent, Miami 21 Code standards shall govern if applicable. All new construction and renovations resulting in additional 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 District representing building traditions of early South Florida, the Caribbean, and the early African -American settlers. All new construction shall require approval from the Historic and Environmental Preservation Board ("HEPB") for its compatibility of scale, materials, roof slope, general form, massing and ornamental details per the 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. City of Miami Page 28 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 ARTICLE 4. STANDARDS & TABLES - ARTICLE 4. TABLE 3 BUILDING FUNCTION: USES DENSITY (UNITS PER ACRE) RESIDENTIAL SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT PN0 FAMILY RESIDENCE MULTI FAMILY HOUSING 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 MARINE RELATED COMMERCIAL ESTAB. OPEN AIR RETAIL PLACE OF ASSEMBLY RECREATIONAL ESTABLISHMENT CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX CML 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 T3 SUB -URBAN 9 18 R R R R R R R R R R R EH EH EH EH EH EH E E E E E W W W E E E E E E E E City of Miami Page 29 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 MANUFACTURING AND PROCESSING MARINE RELATED INDUSTRIAL EST8L. PRODUCTS AND SERVICES STORAGE/DISTRIBUTION FACILITY 4.1 PARKING REQUIREMENTS R Allowed By Right W Allowed By Warrant: Administrative Process - CRC (Coordinated Review Committee) E Mowed By Exception: Public Hearing - granted by PZAB {Planning. amino & Appeals Boardl EH — Allowed By Exception within Hislorically Designated Structures Boxes with no designation signify Use prohibited. a. In T3 and T4 Zones, Ancillary Dwelling Units ("ADU") shall not require additional parking spaces. b. 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(3/0) by process of Waiver; 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; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. ARTICLE 5. SPECIFIC TO ZONES 5.3 SUB -URBAN TRANSECT ZONES (T3) 5.3.1 Building Disposition (T3) e. In Zone T3-R and Zone T3-L, one (1) Principal Building consisting of one (1) Dwelling Unit at the Frontage and one (1) ADU may be built on each Lot. In Zone T3-O, one (1) Principal Building consisting of two (2) Dwelling Units at the Frontage and two (2) ADUs may be built on each Lot. 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.F. Stirrup House, home of the first black doctor; historical churches; and several other historic homes. City of Miami Page 30 of 56 File ID: 3730 (Revision:) Printed on: 7/5/2018 a. All new construction, major alterations, and additions 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 shall also be reviewed by the HEPB 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. 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 City of Miami Page 31 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2016 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 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 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 Code. 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 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 or T3-L and two (2) units per lot of record for T3-O 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. City of Miami Page 32 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 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 f no Tess 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. (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 33 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3)2 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 2 The referenced Articles and Sections correspond with the appropriate Miami 21 Code Articles and Sections. City of Miami Page 34 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3) ARTICLE 1. DEFINITIONS 1.1 BOUNDARIES Generally described as bounded by City of Miami ("City") limits to the west and south, US 1 on the west and north, Rickenbacker Causeway on the east, Biscayne Bay along the east and south, as more specifically depicted on Diagram A3.1. Diagram A3.1: Lot Sias Minimum La sirs Mir DimimshmMR En 5,690 p�M1 minimum •. 100 scat_ rrfl0 M OO,Om p.1t minimum & 100 ft riai milinum Fi 40,000 0Jl. MNmu n A 100 R..M01 aMinnn = Vileye W. O,ivd and Chien Mews MC0,2 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 of titles, deeds, permits, subdivision records, and the City of Miami Municipal Atlas. City of Miami Page 35 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 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 an area at least equal to thirty percent (30%) of the three (3) remaining perimeter walls. 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 Space: An Open Space outdoors, at grade, unroofed, landscaped and free of impervious surfaces. See Article 4, Table 7 of the Miami 21 Code. Lot Covers e: The area of the Lot occu ied by all Buildings, excluding single -story unenclosed Structures such as decks, pools, trellises, Carports, Porches, verandas, pergolas, pavilions porticos, Driveways, pathways, and pools. Unenclosed shall mean having no exterior walls other than those that are enclosing interior space of the principal structure. Porch: An open air room appended to a Building. 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. 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 City of Miami Page 36 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 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 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 contain the required documents set forth in Sec. 17-4 (c) 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. 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 City of Miami Page 37 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 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 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, 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 150 dwelling units per acre 3. In T5 and T6 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 zones Building Disposition bonuses for developments that provide Cross -Block Connectivity to the City of Miami 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/ Vorkforce Housing contribution to the City. The Floor Lot Ratio 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: a. Affordable/Workforce Housing. A development project in a T4 or T5 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 AffordableNVorkforce Housing Units shall match the Unit type distribution provided as Market Rate Housing. City of Miami Page 38 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 4. Developments must fully integrate AffordableMlorkforce 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 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, 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 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, 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. 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, City of Miami Page 39 of 56 File ID: 3730 (Revision:) Printed On: 715/2018 as established by Chapter 35 of the City Code, or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. City of Miami Page 40 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 ARTICLE 4. TABLE 2: NCD SUMMARY a k . LOT OCCUI, 1: rl t a. Lot Area a '« r S. f.min b. Lot Width . c Lot Coverage 30%max. 30%max. 30%max. 30%max.' 30%max** 80%max d. Floor Lot Ratio (FLR1 3.5 max. (T3-R and T3-L) 3I25%additional Public 8 / 30%additional Public 8 3.75 max. R3A1 3enefit *"* 3enefit *"* e. Frontage at front Setback J50%min. 10%min 70%min. 70%min. None r. GreenrOpen Space Requirement 40% Lot Area min{T3-R and T3- 10% Lot Area min. 10% Lot Area min. 10% Lot Area min. 19% LotArea min. 1 35% Lot Area min.[T3-O) 15% Lot Area min. o. oensi 9-18 dulacre max.*" 38 dulacre max.**** 35 dulacre max. 150 du /acre * 150 du /acre * 150 du /acre" BUILDING SETBACK a. Principal Front 30 ft min.** 10 IL min. 10 ft min.. 10 ft min. 10 ft. min. 10 ft min. b. Secondary Front 10 ft min** 10 81 min. 10IL min. 10 ft min. 10 tL min. 10 ft min. c. side 5 , mi ." 3 fl. min.15 ft min,** ) ft min.** _ 311. min.*' 3 ft min.'* Oft min. dmear 20ft. min*" 201min, )ftmin.** 38,min .** _ _ 3ftmin** 0ft. min. OUTBUILDING SETBACK a. Principal Front 20 ft min. 30 ft min. d. Secondary Front 10 R min, 10. ft min. c_Bide 10ftmin.** 3ftmin. /5ft. min. d. Rear 10 ft. min.** 5 ft. min. PRIVATE FRONTAGES A. Common Lawn Permitted permitted Prohibited Prohibited Prohibited Permitted B. Porch & Fence Permitted Permitted Prohibited f Prohibited Prohibited Prohibited C,Terrace OrLC. Prohibited Permitted Prohibited Prohibited Prohibited Permitted D Forecourt Prohibited permitted Permitted Permitted permitted Permitted E. Storm Prohibited Permitted Pew Permitted Permitted Perm fled F. Shopfront Prohibited Permitted 8T4 L T4 V of Permitted Rs L,T5 of Permitted R5-8 L T6-B0l Permitted Re-12 L TS-12 01 Permitted G. Gallen Prohibited Prohibited Permitted*" Permitted ** Permitted ** Permitted *" H Arcade Prohibited Prohibited Permitted» Permitted** Permitted** Pemnilled" BUILDING HEIGHT (Stories] a Principal Building 2 max. 3 max. . min. 5 max, 2 min. 3 max. 2 min. 12 max. 1 min. As regulated by FAA. b. Outbuilding 2 max. 2 max. c, Benefit Height 1 max." 4 max.** B max." Abutting TB. T5 & T4 only THOROUGHFARES a,FAY &RR Permitted Prohibited prohibited Prohibited Prohibited Prohibited b, BV Permitted Permitted Permitted Permitted ermitted Permitted c.SR Permitted permitted Prohibited Permitted em3itled Permitted d. Rs Permitted permitted Prohibited Permitted ermined Permitted saSS&AV Prohibited Prohibited Permitted _ Permitted 'emitted Permitted LCS&AV Prohibited Prohibited Permitted Permitted ermitted Permitted g.Reair Lane Permitted Permitted Prohibited Prohibited prohibited Prohbited hi. Retie y 'emitted Permitted 'emitted permitted Permitted i. Path Permitted °ermitted Prohibited 'Prohibited t-Permitted Prohibited Prohibited i.Pasaage Permitted Permitted Permitted 'emitted Permitted Permitted k. Bicycle Pau, Permitted perm'dted Permitted Permitted permitted Permitted L Bicycle Lane Permitted permitted Permitted Permitted permitted Prohibited m Btcvde Route Permitted Permitted Permitted Permitted ermitted Permitted n Sparrow Prohibited Permitted permitted Permitted permitted Permitted o, Priority Bicycle Route Permitted permitted Prohibited Permitted Penmited Permitted * Or as modified in Diagram 9 **Note: Refer to Article 5 for Specific Transect Zone Regulations *"* Note: Bonus shall not be available for TB properties abut8no T3 properties (refer to Arcde 31 *"**Density bonus available an some zones as described in Section 3.14 of this code. _. _. ,0 (Revision.:) Printed On: 7/5/2018 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. 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. City of Miami Page 42 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 5. All Warrants and platting submittals for the diminishment of a Building Site shall contain the required documents set forth in Sec. 17-4 (c) (1) 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. Newly established Building Sites shall require a Unity of Title or a Covenant in Lieu of Unity of Title. 7. 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. Interior spaces exceeding fifteen (15) feet in height shall be calculated as double Floor Area towards the maximum FLR. d. A Building shall be disposed in relation to the boundaries of its Lot according to Illustrations 5.3A and 5.3B. e. In Zones T3-R and T3-L, one (1) Principal Building consisting of one (1) Dwelling Unit at the Frontage and one (1) Ancillary Dwelling Unit ("ADU") may be built on Lots ten (10,000) thousand square feet or larger. f. 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 Zone T3-0 shall be a minimum of twenty percent (20%) of the Lot Width. The minimum total side Setback in 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 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 Tess than ten (10) feet on the first story and fifteen (15) feet on the upper stories. City of Miami Page 43 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 2. Setbacks may otherwise be adjusted by Waiver by no more than ten percent (10%). g. Facades shall be built parallel to a rectilinear Principal Frontage Line or parallel to the tangent of a curved Principal Frontage Line. h. Setbacks for Outbuildings, pools, tennis courts or other similar recreational facilities shall be as shown for Outbuildings in Illustrations 5.3A and 5.3B. 1. One (1) Story, non -habitable Accessory Structure, 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 setback 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 two -hundred (200) 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 proiection 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 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. City of Miami Page 44 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 c. All outdoor storage, electrical, plumbing, mechanical, and communications equipment and appurtenant enclosures, shall be located within the Second or Third Laver and concealed from view from any Lot Line. These shall not be allowed as Encroachments, on any required Setback, except for Buildings existing 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, whichever is higher. A flat roof shall be a maximum of two (2) Stories and twenty-two (22) feet. A pitched roof shall be a maximum of twenty-two (22) 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. 9. 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 structures' 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. 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 City of Miami Page 45 of 56 Fife ID: 3730 (Revision:) Printed On: 7/5/2018 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. b. 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. b. 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, a maximum thirty percent (30%) of the width of the Facade may be parking, including unenclosed, covered, or garage. in T3-O a maximum sixty percent (60%) of the width of the facade may be parking, including unenclosed, covered, or garage. e. Garages shall not be located along the same front Setback Line as the front wall of a residential structure unless the garage door(s) do(es) not face the street. 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, 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 Laver, as provided in Section 5.3.2.a.1; encroachment shall not exceed the maximum facade width allowed for parking, as stated above. h. 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 and five (5) feet in T3-O. 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. City of Miami Page 46 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2016 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 Buffer Tree shall be planted within the First Layer for each twenty-five (25) feet of Frontage Line. Existing trees that meet the minimum standard set by the Buffer Tree definition shall count towards this requirement. b. At the First Laver, 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 Zones T3-R and T3-L shall be a minimum of forty percent (40%) of Lot Area. Green Space for Lots T3-R and T3-L with only single -story structures shall be a minimum of thirty percent (30%). Green Space for Lots in Zones T3-0 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-streetparkinq. Front yards shall provide a more permeable surface and use abundant landscaping and tree canopy throughout. e. 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. f. Additional landscape requirements are listed in Article 9 of the Miami 21 Code. g. 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 City of Miami Page 47 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 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. h. In the cases where there is a violation of regulations in Chapter 17 'Environmental Preservation", Waiver or Warrant permits shall be unavailable for one (1) year after a citation is issued. In such cases, existing Waivers and Warrants granted for the subject property may be rescinded. i. Artificial Landscaping and synthetic turf is prohibited within the First Layer. City of Miami Page 48 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 ILLUSTRATION 5.3A SUB -URBAN TRANSECTZONES (T3-R AND T3-L) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area Esiablshed by Diagram 1. b. Lot Width 5D ft. min. c. Lot Coverage 50% max. d. Floor Lot Ratio (FLR} +..5 e Frontage at front Setback NIA f. Green Space 40% Lot Area mint. Y. Density B du:ac max. BUILDING SETBACK a. Principal Front 30 ft. min. b. Secondary Front 10 ft. min. c. Side 5 ft. min.*' d. Rear 2Dft. min. OUTBUILDING St I ACK a. Principal Front 21) ft. min. b. Secondary Frans 10 ft. min. c. Sine 10 ft. min." d. Rear ID ft. min." BUILDING CONFIGURATION FRONTAGE a. Cgnlmcn Lawr Permitted b. Porch & Fence oermitied c. Terrace or L.C. permitted d. Forecourt permitted e, Stoop prahib;ted f. Shppfront prohibted 4. GaI ry prohibted h. Arcade prahibied BUILDING HEIGHT a. Principal El eliding 2 Stories and 25 ft to save max.. b. Outbuilding 2 Stories and 25 ft to ea ve max PARKING Facade Width 30 % max. "" Refute Section 5.3.' or Specific Recuirements BUILDING PLACEMENT 20' mint J i +2ne 3r4 WM "411;5E L9aCtC OUTBUILDING PLACEMENT 4—Y ►I 1. 2! ya atig Laver lAtir PARKING PLACEMENT Insrrinr L Rya iy2Ld Laver !AM LA= City of Miami Page 49 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 ILLUSTRATION 5.3B SUB -URBAN TRANSECTZONES 1T3-Ot BUILDING DISPOSITION LOT OCCJPATION a. La:Area E5ra61ered s'i niacram 1. o. La: G4idI5 50 R. mill. C. at CT/Este 50% max d. Fiorsr _at Ralic iF_RI 075 e. Franlace al ecr- 5:tta:f v_ '. Green Space 35%LoArea min. 9. Der_ity i3[Una max . BUILDING SETBACK a PrrC ya Ffidrt 30 R min. O. 5ECOCSdard Frei': 10 R 'tin. c, aiee 5 ft mrt. 20%. Lot Viiday rural rain.., 0. Rear 20 R min. :.ATBUILDING SETBACK a. PrnGca Front 20 R min. o. Secan dery Fray: 10 R :min. c. Sile 10 R Tin...* d. Rear 1.3 R mill* BUILDING CONFIGURATION FRONTAGE a Comrron Laar garmitlad C. Perth & Ferce Dented G TErra;a cr LC. Janina 0. Foreooun o=_molted e. StGo7 DreMbRel '. 5no7front 3reneteed 9. Gallen srcnioien n. Arcade Jrc`°ia'ed BUILDING HEIGHT a. Princina S rielrc 2 5ltriaa and 25 F..1c earn r ex. n. ou1Jicrc 2 5tcri&a and 25 Ric ear=_ irax, PARKING Facade 9J1Orr k55 max "Refer to Section 5.3.1 far Specific Regulations BUILDING PLACEMENT ■ Corner Lot Interim Lot L m 11 20°min L+ er 6aner LPL OUTBUILDING PLACEMENT a--r - ►4 Laver Laver LBYer PARKING PLACEMENT a-1.f—► r rd W Yer Laver Laver ► City of Miami Page 50 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 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 51 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS T3 - SUB -URBAN ZONE 1! • • DENSITY (UPA) 9 UNITS PER ACRE $ UNITS PER ACRE 18 UNITS PER ACRE ANCILLARY Maximum size of unit 450 Maximum size of unit 450 Maximum size of unit 450 square feet. A historic building square feet. A historic building square feet. A historic buildin less than 1,200 square feet may less than 1,200 square feet may less than 1,200 square feet rr UNIT serve as the Ancillary Unit. serve as the Ancillary Unit. serve as the Ancillary Unit. Shall only be used as Single- Shall only be used as Single- Shall only be used as Single - Family Residence dwelling. Family Residence dwelling. Family Residence dwelling. May only be rented if the May only be rented if the May only be rented if the property is homesteaded and property is homesteaded and property is homesteaded and the principal dwelling owner the principal dwelling owner principal dwelling owner resic resides on site. resides on site. on site. Unit Structure shall be Unit Structure shall be Unit Structure shall be architecturally harmonious with architecturally harmonious with architecturally harmonious wi the Principal Building. the Principal Building. the Principal Building. Any Facade, within 20 feet of Any Facade, within 20 feet of Any Facade, within 20 feet of another property shall only another property shall only another property shall only provide clerestory windows provide clerestory windows provide clerestory windows along that corresponding along that corresponding along that corresponding Facade. Facade. Facade. BOTANICAL Allowed by Exception only. Allowed by Exception only. Allowed by Exception only. GARDENS Minimum Lot Size of five (5) Minimum Lot Size of five (5) acres. acres. Minimum Lot Size of five (5) May include the following: May include the following: acres. (a) Educational facilities (a) Educational facilities May include the following: including building for meeting including building for meeting (a) Educational facilities and classrooms and classrooms building for meeting (b) Scientific research /including (b) Scientific research and classrooms laboratory Iaboratorz (b) Scientific research laborai (c) Offices to serve the (c) Offices to serve the (c) Offices to serve the Botan Botanical Garden Botanical Garden Garden (d) Residential living units for (d) Residential living units for (d) Residential living units for visiting scholars visiting scholars visiting scholars (e) Garden maintenance area (e) Garden maintenance area (e) Garden maintenance aree (f) Gift shop or bookstore area. (f) Gift shop or bookstore area. (f) Gift shop or bookstore are, Outdoor display of merchandise Outdoor display of merchandise Outdoor display of merchand shall be limited to areas not shall be limited to areas not shall be limited to areas not visible from public streets. visible from public streets. visible from public streets. City of Miami Page 52 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 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. Movie theaters and entertainment venues 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, 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 Retail Establishment within NCD-3 shall be permitted by Exception only. c. 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. Establishments abutting US 1 (Federal Highway) may be permitted, by Warrant, provided that the establishment does not exceed forty thousand (40,000) square feet. "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. d. Limitation - The square footage of individual retail establishments 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 for movie theaters and entertainment venues or as may be modified below for Large -Scale Retail Establishments. Retail Specialty Centers as defined in City Code Sec. 4-2 may be approved by a Warrant. e. There shall be no special events of any kind permitted on the property including but not limited to those requiring a "special event permit" as defined in Section 54.1 of the Miami Code of Ordinances, as may be amended, in effect on the date of adoption of this provision. f. 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 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. 2. 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. City of Miami Page 53 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 9• 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 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. 5, 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) 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. Large -Scale Retail Establishments shall be located exclusively on a Lot having frontage on one (1) or more arterial roads. h. 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 City of Miami Page 54 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018 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 i. 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 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 Resolution shall become effective immediately upon adoption thereof. City of Miami Page 55 of 56 File ID: 3730 (Revision:) Printed On: 715/2018 anciscc?E3arcia, Directo apartment of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) crwi'1v Personally appeared before me, the undersigned authority -roob.5 , Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. �-SWORN AND SUBSCRIBED BEFORE ME THIS S DAY OF , 201 LAr- re?. iCi/ Execute n bat Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Notary Public State of Florid My Commission Expires: soqytk., BEATRIZALVAREZ • • Commission # GG 153775 ^�. j Expires November 20, 2021 %'Eus t°, Bonded ihruTroy Fain insurance 800.385d019 City of Miami Page 56 of 56 File ID: 3730 (Revision:) Printed On: 7/5/2018