HomeMy WebLinkAboutO-14084City of Miami
Ordinance 14084
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12007 Final Action Date: 7/28/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED (" MIAMI 21 ZONING CODE" ), MORE
SPECIFICALLY BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES,"
SECTION 3.5.2 AS IT RELATES TO GROUND FLOOR HEIGHT
ALLOWANCES, IN ORDER TO CORRECT INCONSISTENCIES AND PERMIT
ADDITIONAL FLEXIBILITY IN THE DESIGN OF BUILDINGS; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez
WHEREAS, on October 22, 2009, the Miami City Commission adopted Ordinance No.
13114 as the City of Miami's ("City") Zoning Ordinance ("Miami 21 Code"); and
WHEREAS, in certain Transect Zones the Miami 21 Code permits a ground Story of up
to twenty-five (25) feet in Height where ground floor retail uses are provided, however, retail is
not a permitted use in certain Transect Zones including T5-R and T6-R and the Height is limited
to a maximum of fourteen (14) feet; and
WHEREAS, in those same Transect Zones, the Miami 21 Code requires that a Loading
Berth of fifteen (15) feet in height is required, which cannot be achieved with a fourteen (14) foot
height limitation; and
WHEREAS, this proposed text amendment to Article 3, Section 3.5.2 is necessary to
remove the above inconsistencies in the Miami 21 Code; and
WHEREAS, in addition to eliminating the inconsistency in the Miami 21 Code, the
proposed amendment allows additional design flexibility and architectural expression by
permitting a ground floor story that incorporates any use allowed in Article 4, Table 3 to extend
up to twenty-five (25) feet in Height; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June 1,
2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-012 by a vote
of ten to zero (10-0), Item No. PZAB.6, recommending approval with modifications of the Zoning
Text Change, that it be further amended to reflect that where buildings abut a T3 zoned property
the overall height shall not exceed 70-ft;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
City of Miami Page 1 of 2 File ID: 12007 (Revision: A) Printed On: 6/16/2025
File ID: 12007 Enactment Number: 14084
Section 2. Article 3 of the Miami 21 Code is hereby amended in the following
particulars:'
"ARTICLE 3. GENERAL TO ZONES"
3.5.2 A Story is a Habitable level within a Building of with a maximum Height of fourteen (14)
feet in Height from finished floor to finished floor. Basements are not considered Stories for the
purposes of determining Building Height. A ground level retail Story may exceed this limit up to
a total height of twenty-five (25) feet;. A ground level retail Story may exceed fourteen (14) feet
or up to a total Height of thirty (30) feet when a retail cstablishment is located in the Special
Flood Hazard Area, given that the finished floor of the ground level meets the Average Sidewalk
Elevation. A single floor level exceeding fourteen (14) feet or twenty-five (25) feet at ground
level retail (or thirty (30) feet at ground level for retail within the Special Flood Hazard Area),
shall be counted as two (2) Stories; except for T6-36, T6-48, T6-60, T6-80, and D1, where a
single floor level exceeding fourteen (14) feet may count as one (1) story if the building height
does not exceed the maximum height, including all applicable bonuses, allowed by the transect
at fourteen (14) feet per floor. e tThe first two stories are retail, their total combined Height
shall not exceed thirty-nine (39) feet or {forty-four (44) feet in the Special Flood Hazard Area}.
and tThe first floor shall be a minimum of fourteen (14) feet in Height or {nineteen (19) feet in
the Special Flood Hazard Area}. Mezzanines may not exceed thirty-three percent (33%) of the
Habitable Space Floor Area, except fey in the D1, where mezzanines may not exceed fifty
percent (50%) of the Habitable Space Floor Area. Mezzanines extending beyond thirty-three
percent (33%) of the Floor Area, or fifty percent (50%) of the Floor Area in D1, shall be counted
as an additional floor. The Height of a Parking Structure concealed by a Liner may be equal to
the Height of the Liner; this may result in a Liner Story concealing more than one level of
Parking.
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code, which provisions may be renumbered
or relettered and that the word "Ordinance" may be changed to "Section," "Article," or other
appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 2 of 2 File ID: 12007 (Revision: A) Printed on: 6/16/2025