HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 16030
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING
ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO CLARIFY SIDE AND
REAR SETBACK ENCROACHMENTS AND ANY ASSOCIATED DESIGN
REQUIREMENTS FOR T5 — URBAN CORE TRANSECT ZONE, T6 —
URBAN CENTER TRANSECT ZONES, AND CI -HD — CIVIC
INSTITUTION ZONES - HEALTH DISTRICT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami.
PURPOSE: Amendments to Legislation pertaining to Miami 21, Article 5 "Specific
to Zones" to clarify side and/or rear setback encroachments and introduce
associated design and landscape buffer requirements when abutting T3 - Sub
Urban Zone.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On June 18, 2024, recommended
approval, by a vote of 7-0.
City of Miami File ID: 16030 (Revision:) Printed On: 8/7/2025
City of Miami
Legislation
Ordinance
Enactment Number:14316
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 16030 Final Action Date: 9/26/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING
ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO CLARIFY SIDE AND
REAR SETBACK ENCROACHMENTS AND ANY ASSOCIATED DESIGN
REQUIREMENTS FOR T5 — URBAN CORE TRANSECT ZONE, T6 —
URBAN CENTER TRANSECT ZONES, AND CI -HD — CIVIC INSTITUTION
ZONES - HEALTH DISTRICT; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the Zoning
Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21
Code"); and
WHEREAS, the guiding principles of the Miami 21 Code include that architecture and
landscape design should grow from local climate, topography, history, and building practice, and
those buildings should allow their inhabitants to experience the geography and climate through
energy efficient design; and
WHEREAS, an amendment is necessary to modify side and/or rear setback
encroachments and introduce associated design and landscape buffer requirements when
abutting "T3," — Sub Urban Transect Zone; and
WHEREAS, the proposed amendments would allow design flexibility so that
encroachments such as Balconies and other shading and screening devices may be of an inviting
and usable size, without compromising interior space and with provisions to protect neighboring
T3 properties; and
WHEREAS, a continuous densely planted vegetation Screen provided along any Property
Line that abuts a T3 Transect Zone will assist to mitigate any visual impact from neighboring T3
properties; and
WHEREAS, Balconies and other shading and screening devices create shade on the
elevation of Buildings that improves energy efficiency; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June
18, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-040 by a
vote of seven to zero (7-0), Item No. PZAB.14, recommending approval of the zoning text
amendment; and
WHEREAS, consideration has been given to the need and justification for the proposed
text amendment, including changed or changing conditions that make the passage of the
proposed text amendment necessary; and
City of Miami File ID: 16030 (Revision:) Printed On: 8/7/2025
WHEREAS, consideration has been given to the relationship of the proposed text
amendment to the goals, objectives, and policies of the Miami Neighborhood Comprehensive
Plan, the Miami 21 Code, and other City regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, is
hereby amended by making modifications to Article 5 in the following particulars:I
"ARTICLE 5. SPECIFIC TO ZONES
5.5 URBAN CENTER TRANSECT ZONES (T5)
5.5.2 Building Configuration (T5)
a. Development within Private Frontages shall comply with Article 4, Tables
2 and 6 and Illustration 5.5.
b. Encroachments shall be as follows:
1. At the first Story in the First Layer, stairs, ramps, and other
elements used for vertical circulation shall not be permitted, except in
the following circumstances:
a. For Rights -of -Way with an adjacent Sidewalk ten
(10) feet or greater, stairs, ramps, and other elements
used for vertical circulation may encroach up to fifty
percent (50%) of the First Layer for that portion of the site
where the adjacent Sidewalk is ten (10) feet or greater.
b. For portions of Lots with a depth of one hundred
(100) feet or less and a Right -of -Way with an adjacent
Sidewalk ten (10) feet or less, stairs, ramps, and other
elements used for vertical circulation may encroach up to
fifty percent (50%) of the First Layer for twenty percent
(20%) of the length of the Frontage subject to the following
criteria for enhanced walkway design with review and
approval by the Planning Director:
i. Maintain a minimum clear circulation zone
of twelve (12) feet including a minimum of
three (3) feet of clear public Sidewalk for eighty
percent (80%) of the Frontage; and
ii. Maintain a minimum clear circulation zone
of ten (10) feet including a minimum of three
(3) feet of clear public Sidewalk for twenty
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 an
unchanged material.
City of Miami File ID: 16030 (Revision:) Printed On: 8/7/2025
City of Miami
percent (20%) of the Frontage. Minimum
circulation zone may be reduced to eight (8)
feet when trees are placed within the Right -of -
Way at those points.
c. For Lots with a length of three hundred (300) feet or
more and a Right -of -Way with an adjacent Sidewalk ten
(10) feet or less, stairs, ramps, and other elements used
for vertical circulation may encroach up to fifty percent
(50%) of the First Layer for twenty percent (20%) of the
length of the Frontage subject to the following criteria for
enhanced walkway design with review and approval by
the Planning Director:
i. Maintain a minimum clear circulation zone
of twelve (12) feet including a minimum of
three (3) feet of clear public Sidewalk for eighty
percent (80%) of the Frontage; and
ii. Maintain a minimum clear circulation zone
of ten (10) feet including a minimum of three
(3) feet of clear public Sidewalk for twenty
percent (20%) of the Frontage. Minimum
circulation zone may be reduced to eight (8)
feet when trees are placed within the Right -of -
Way at those points.
d. In the event an existing Building is raised in order to
bring the finished floor elevation above the Base Flood
Elevation plus Freeboard, stairs and ramps required for
vertical circulation may encroach one hundred percent
(100%) of the Setback by process of Waiver.
2. At the first Story in the First Layer, cantilevered Awnings and
cantilevered entry canopies may encroach up to one hundred percent
(100%) of the depth of the Setback; except as may be further allowed
by Chapter 54 of the City Code.
3. Above the first Story in the First Layer, cantilevered balconies, bay
windows, roofs and Facade components promoting energy efficiency
such as shading and Screening devices that are non -accessible, may
encroach a maximum of three (3) feet into the Setback. Other
cantilevered portions of the Building shall maintain the required
Setback.
4. At the Second and Third Layers no encroachments are permitted.,.
Awnings, balconies, bay windows, chimneys, roofs, stairs, and
Facade components promoting energy efficiency such as shading
and Screening devices may encroach up to three (3) feet of the depth
of the Side and/or Rear Setbacks. A densely planted vegetation
Screen shall be provided and maintained along any Property Line that
abuts a T3 Transect Zone and fronts the encroaching Structure. Said
Screen shall include the following components:
i. a combination of trees and shrubs using a variety of
Florida -friendly species per Article 9, Section 9.1, titled "Plant
Quality," that will mature to create a continuous visual Screen;
and
ii. tree specimens shall have a 3" caliper and a minimum
height of fourteen (14) feet at planting and a minimum height of
twenty-five (25) feet at maturity, except where the height and
location of overhead power -lines requires the planting of low
growing trees, which shall be a minimum height of eight (8)
File ID: 16030 (Revision:) Printed On: 8/7/2025
feet and minimum caliper of two (2) inches at time of planting
and a mature height and spread not encroaching within five (5)
feet of overhead power -lines; and
iii. shrubs shall be planted at a maximum average spacing of
thirty (30) inches on center or if planted at a minimum height of
thirty-six (36) inches, shall have a maximum average spacing
of forty-eight (48) inches on center and shall be maintained so
as to form a continuous, unbroken and solid visual screen
within one (1) year after time of planting.
5. When a Lot abuts an existing Single family residence Building, the
Building Elevation and/or Balconies on the rear or side shall be set
back a minimum of three (3) feet from the property line.
5.6 URBAN CORE TRANSECT ZONES (T6)
5.6.2 Building Configuration (T6)
a. Development within Private Frontages shall comply with Article 4, Table
2 and 6 and Illustration 5.6.
b. Above the eighth floor, the Building Floorplate dimensions shall be limited
as follows:
1. 15,000 square feet maximum for Residential & Lodging Uses in
T6-8, T6-12 and T6-24
2. 18,000 square feet maximum for Residential & Lodging Uses in
T6-36, T6-48, T6-60 and T6-80
3. 180 feet maximum length for Residential & Lodging Uses
4. Balconies or any other exterior projections shall not project by a
distance greater than twelve (12) feet beyond the Building Floorplate
maximum length in any direction
5. Balconies shall not encroach more than five (5) feet into the
minimum required Building spacing dimensions as required by
Section 5.6.1.h; no Waivers shall be applied to this provision
c. Encroachments shall be as follows:
1. At the first Story in the First Layer, stairs, ramps, and other
elements used for vertical circulation shall not be permitted, except in
the following circumstances:
a. For Rights -of -Way with an adjacent Sidewalk ten
(10) feet or greater, stairs, ramps, and other elements
used for vertical circulation may encroach up to fifty
percent (50%) of the First Layer for that portion of the site
where the adjacent Sidewalk is ten (10) feet or greater.
b. For portions of Lots with a depth of one hundred
(100) feet or less and a Right -of -Way with an adjacent
Sidewalk ten (10) feet or less, stairs, ramps, and other
elements used for vertical circulation may encroach up to
fifty percent (50%) of the First Layer for twenty percent
(20%) of the length of the Frontage subject to the following
criteria for enhanced walkway design with review and
approval by the Planning Director:
City of Miami File ID: 16030 (Revision:) Printed On: 8/7/2025
i. Maintain a minimum clear circulation zone
of twelve (12) feet including a minimum of
three (3) feet of clear public Sidewalk for eighty
percent (80%) of the Frontage; and
ii. Maintain a minimum clear circulation zone
of ten (10) feet including a minimum of three
(3) feet of clear public Sidewalk for twenty
percent (20%) of the Frontage. Minimum
circulation zone may be reduced to eight (8)
feet when trees are placed within the Right -of -
Way at those points.
c. For Lots with a length of three hundred (300) feet or
more and a Right -of -Way with an adjacent Sidewalk ten
(10) feet or less, stairs, ramps, and other elements used
for vertical circulation may encroach up to fifty percent
(50%) of the First Layer for twenty percent (20%) of the
length of the Frontage subject to the following criteria for
enhanced walkway design with review and approval by the
Planning Director:
i. Maintain a minimum clear circulation zone
of twelve (12) feet including a minimum of
three (3) feet of clear public Sidewalk for eighty
percent (80%) of the Frontage; and
ii. Maintain a minimum clear circulation zone
of ten (10) feet including a minimum of three
(3) feet of clear public Sidewalk for twenty
percent (20%) of the Frontage. Minimum
circulation zone may be reduced to eight (8)
feet when trees are placed within the Right -of -
Way at those points.
d. In the event an existing Building is raised in order to
bring the finished floor elevation above the Base Flood
Elevation plus Freeboard, stairs and ramps required for
vertical circulation may encroach one hundred percent
(100%) of the Setback by process of Waiver.
2. At the first Story in the First Layer, cantilevered Awnings and
cantilevered entry canopies may encroach up to one hundred percent
(100%) of the depth of the Setback; except as may be further allowed
by Chapter 54 of the City Code.
3. Above the first Story in the First Layer, cantilevered balconies, bay
windows, roofs or Facade components promoting energy efficiency,
such as shading and Screening devices that are non -accessible, may
encroach up to three (3) feet into the Setback; except:
a. For Buildings with an Established Setback Area
greater than a ten (10) foot setback, balconies above the
first Story may encroach up to one third (1/3) of the
Established Setback Area beyond the allowable three (3)
foot encroachment.
b. Other cantilevered portions of the Building shall
maintain the required Setback.
4. Above the eighth Story when additional setbacks arc rcquircd as
detailed in Illustration 5.6, Facade components promoting energy
cfficicncy such as shading and Scrccning dcviccs, that arc non
accc-ciblc or balconics may cncroach a maximum of three (3) feet.
City of Miami File ID: 16030 (Revision:) Printed On: 8/7/2025
At the Second and Third Layers, Awnings, balconies, bay windows,
chimneys, roofs, stairs, and Facade components promoting energy
efficiency such as shading and Screening devices may encroach up
to three (3) feet of the depth of the Side and/or Rear Setbacks. A
densely planted vegetation Screen shall be provided and maintained
along any Property Line that abuts a T3 Transect Zone and fronts the
encroaching Structure. Said Screen shall include the following
components:
ii. a combination of trees and shrubs using a variety of
Florida -friendly species per Article 9, Section 9.1, titled "Plant
Quality," that will mature to create a continuous visual Screen;
and
iii. tree specimens shall have a 3" caliper and a minimum
height of fourteen (14) feet at planting and a minimum height of
twenty-five (25) feet at maturity, except where the height and
location of overhead power -lines requires the planting of low
growing trees, which shall be a minimum height of eight (8)
feet and minimum caliper of two (2) inches at time of planting
and a mature height and spread not encroaching within five (5)
feet of overhead power -lines; and
iv. shrubs shall be planted at a maximum average spacing of
thirty (30) inches on center or if planted at a minimum height of
thirty-six (36) inches, shall have a maximum average spacing
of forty-eight (48) inches on center and shall be maintained so
as to form a continuous, unbroken and solid visual screen
within one (1) year after time of planting.
5. When a Lot abuts an existing Single family residence Building, the
Building Elevation and/or Balconies on the rear or side shall be set
back a minimum of three (3) feet from the property line.
5.8 CIVIC INSTITUTION ZONES — HEALTH DISTRICT (CI -HD)
5.8.2 Building Configuration (CI -HD)
a. Development within Private Frontages shall comply with Article 4,
Tables 2 and 6 and Illustration 5.8.
b. It is recommended that above the eighth floor, the Building Floorplate
dimensions be limited as follows:
1. 15,000 square feet maximum for Residential Uses
2. 30,000 square feet maximum for Commercial Uses and for
parking
3. 180 feet maximum length for Residential Uses
4. 215 feet maximum length for Commercial Uses
Civil Support and Educational Uses within the CI -HD Transect Zone
shall have no maximum Floorplate dimensions.
c. Encroachments may be as follows:
1. At the first Story in the First Layer, stairs, ramps, and other
elements used for vertical circulation shall not be permitted, except in
the following circumstances:
City of Miami File ID: 16030 (Revision:) Printed On: 8/7/2025
a. For Rights -of -Way with an adjacent Sidewalk ten
(10) feet or greater, stairs, ramps, and other elements
used for vertical circulation may encroach up to fifty
percent (50%) of the First Layer for that portion of the site
where the adjacent Sidewalk is ten (10) feet or greater.
b. For portions of Lots with a depth of one hundred
(100) feet or less and a Right -of -Way with an adjacent
Sidewalk ten (10) feet or less, stairs, ramps, and other
elements used for vertical circulation may encroach up to
fifty percent (50%) of the First Layer for twenty percent
(20%) of the length of the Frontage subject to the following
criteria for enhanced walkway design with review and
approval by the Planning Director:
i. Maintain a minimum clear circulation zone
of twelve (12) feet including a minimum of
three (3) feet of clear public Sidewalk for eighty
percent (80%) of the Frontage; and
ii. Maintain a minimum clear circulation zone
of ten (10) feet including a minimum of three
(3) feet of clear public Sidewalk for twenty
percent (20%) of the Frontage. Minimum
circulation zone may be reduced to eight (8)
feet when trees are placed within the Right -of -
Way at those points.
c. For Lots with a length of three hundred (300) feet or
more and a Right -of -Way with an adjacent Sidewalk ten
(10) feet or less, stairs, ramps, and other elements used
for vertical circulation may encroach up to fifty percent
(50%) of the First Layer for twenty percent (20%) of the
length of the Frontage subject to the following criteria for
enhanced walkway design with review and approval by the
Planning Director:
i. Maintain a minimum clear circulation zone
of twelve (12) feet including a minimum of
three (3) feet of clear public Sidewalk for eighty
percent (80%) of the Frontage; and
ii. Maintain a minimum clear circulation zone
of ten (10) feet including a minimum of three
(3) feet of clear public Sidewalk for twenty
percent (20%) of the Frontage. Minimum
circulation zone may be reduced to eight (8)
feet when trees are placed within the Right -of -
Way at those points.
d. In the event an existing Building is raised in order to
bring the finished floor elevation above the Base Flood
Elevation plus Freeboard, stairs and ramps required for
vertical circulation may encroach one hundred percent
(100%) of the Setback by process of Waiver.
2. At the first Story in the First Layer, cantilevered Awnings and
cantilevered entry canopies may encroach up to one hundred percent
(100%) of the depth of the Setback, except as may be further allowed
by Chapter 54 of the City Code.
3. Above the first Story in the First Layer, cantilevered balconies, bay
windows, roofs, and Facade components promoting energy
efficiency, such as shading and Screening devices that are non -
City of Miami File ID: 16030 (Revision:) Printed On: 8/7/2025
accessible, may encroach a maximum of three (3) feet of the depth of
the Setback. Other cantilevered portions of the Building shall maintain
the required Setback.
/1 . At the Second Layer no encroachments are permitted, except that
facade components promoting energy efficiency such as shading and
Screening devices that are non accessible may encroach a maximum
of three (3) feet.
5. Above the eighth Story when additional setbacks are required as
detailed in Illustration 5.8, Facade components promoting energy
cfficicncy such as shading and Scrccning dcviccs, that arc non
acccssiblc, or balconics may encroach a maximum of three (3) feet.
4. At the Second and Third Layers, Awnings, balconies, bay windows,
chimneys, roofs, stairs, and Facade components promoting energy
efficiency such as shading and Screening devices may encroach up
to three (3) feet of the depth of the Side and/or Rear Setbacks. A
densely planted vegetation Screen shall be provided and maintained
along any Property Line that abuts a T3 Transect Zone and fronts the
encroaching Structure. Said Screen shall include the following
components:
iii. a combination of trees and shrubs using a variety of
Florida -friendly species per Article 9, Section 9.1, titled "Plant
Quality," that will mature to create a continuous visual Screen;
and
iv. tree specimens shall have a 3" caliper and a minimum
height of fourteen (14) feet at planting and a minimum height of
twenty-five (25) feet at maturity, except where the height and
location of overhead power -lines requires the planting of low
growing trees, which shall be a minimum height of eight (8)
feet and minimum caliper of two (2) inches at time of planting
and a mature height and spread not encroaching within five (5)
feet of overhead power -lines; and
v. shrubs shall be planted at a maximum average spacing of
thirty (30) inches on center or if planted at a minimum height of
thirty-six (36) inches, shall have a maximum average spacing
of forty-eight (48) inches on center and shall be maintained so
as to form a continuous, unbroken and solid visual screen
within one (1) year after time of planting.
5. When a Lot abuts an existing Single family residence Building, the
Building Elevation and/or Balconies on the rear or side shall be set
back a minimum of three (3) feet from the property line.
*11
Section 3. It is the intention that the provisions of this Ordinance shall become and
be made a part of the Miami 21 Code, which provisions may be renumbered or re -lettered
and that the word "Ordinance" may be changed to "Section," "Article," or other appropriate
word to accomplish such intention.
Section 4. 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.
City of Miami File ID: 16030 (Revision:) Printed On: 8/7/2025
Section 5. This Ordinance shall become effective upon ten (10) days after
its adoption. 2
APPROVED AS TO FORM AND CORRECTNESS:
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 16030 (Revision:) Printed On: 8/7/2025