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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Ordinance 14336 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16433 Final Action Date: 11/21/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS / DEFINITIONS OF TERMS," AND ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO PROVIDE FOR A BY -RIGHT ADMINISTRATIVE SITE PLAN REVIEW ("ASPR") PROCESS AND A SIMPLIFIED BUILDING PERMIT REVIEW PROCESS FOR APPROVED ASPR, EXCEPTION, VARIANCE, WARRANT, AND WAIVER APPLICATIONS; PROVIDING FOR TOLLING OF ZONING APPROVALS DURING PENDENCY OF CERTAIN LITIGATION; REPLACING THE TWO (2) YEAR TIME LIMITATION AND OPTIONAL ONE (1) YEAR EXTENSION FOR OBTAINING BUILDING PERMIT OR CERTIFICATE OF USE FOR AN EXCEPTION, VARIANCE, WARRANT, WAIVER, OR ASPR WITH A THREE (3) YEAR TIME LIMITATION WITH NO ADMINISTRATIVE EXTENSIONS; REVISING PHASED PROJECT REQUIREMENTS AS TO APPROVAL BY PLANNING DIRECTOR AND TO REDUCE PROPERTY SIZE LIMITATIONS; CLARIFYING PREVIOUSLY ADOPTED FLOORPLATE LENGTH AND AREA WAIVER PROHIBITIONS; PROVIDING FOR APPLICABILITY TO PRIOR APPLICATIONS AND APPROVALS; MAKING FINDINGS AND TECHNICAL CHANGES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. I" rry w WHEREAS, on October 22, 2009, the Miami City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, the Miami 21 Code provides for planning and zoning reviews of Exceptions, Warrants, Waivers, Variances (collectively, "Special Permits"), and building permits for projects in the City of Miami ("City"); and WHEREAS, for projects that proceed "By Right," as defined in Section 1.2 of the Miami 21 Code, and without a Special Permit, the Miami 21 Code currently provides no process to review design drawings and grant a formal approval that would entitle or vest the design against changes to the Miami 21 Code such that an applicant may rely upon the design approval prior to expending significant funds on complete mechanical, electrical, plumbing, and structural plans; and WHEREAS, as a policy, the Office of Zoning has historically offered a Building Permit Dry Run review, as defined in Section 10-4(a) of the Code of the City of Miami, Florida, as amended ("City Code"), for projects anticipated to proceed By Right; and City of Miami Page 1 of 11 File ID: 16433 (Revision: A) Printed On: 3/19/2025 16433 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16433 Enactment Number: 14336 WHEREAS, the Dry Run review process cannot be relied upon as a zoning entitlement or to vest against changes to the Miami 21 Code and may still subject applicants to expensive redesigns of projects if omissions or errors are found when building permits are applied for; and WHEREAS, the City wishes to offer a formal approval akin to a Special Permit for those projects that intend to proceed By Right but that are not yet ready to apply for a building permit; and WHEREAS, the Miami 21 Code requires projects approved by a Special Permit to be redesigned if an error or omission is found during the building permit review, even though the Office of Zoning and Planning Department previously reviewed and approved the applicable plans; and WHEREAS, this process results in duplicative review by the Office of Zoning and Planning Department and increased uncertainty and expense to applicants; and WHEREAS, the City desires to provide certainty in the development process and more efficiently use existing staff resources to reduce wait times for permits; and WHEREAS, the Miami 21 Code allows the Zoning or Planning Director, as applicable, to grant a one-year extension to any Special Permit beyond its two-year expiration date; and WHEREAS, processing such extensions requires City staff to review additional paperwork but without possessing criteria for denial; and WHEREAS, simply providing a three-year expiration date without the need for requesting a discretionary extension would grant additional certainty for exercising rights under a Special Permit or ASPR; and WHEREAS, in addition to such changes to Article 7 of the Miami 21 Code, the City wishes to clarify and reassert previous changes to Article 7 related to prohibitions on Waiver requests for floorplate length or floorplate area increases, to create greater certainty as to the rules governing such requests; and WHEREAS, the City wishes to offer streamlined permitting reviews and greater certeltity in the permitting process; and WHEREAS, full consideration was given to the Planning Director's as to this, proposed text amendment; and WHEREAS, a public hearing was held on the proposed text amendment; a WHEREAS, on July 17, 2024, at a duly notice public meeting, the Planning, ZoniVand Appeals Board ("PZAB") considered the zoning text change, item PZAB.6, and passed PZAB-R- 24-053, recommending approval, by a vote of seven to zero (7-0); and WHEREAS, consideration has been given as to whether the proposed text amendment will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and City of Miami Page 2 of 11 File ID: 16433 (Revision: A) Printed on: 3/19/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16433 Enactment Number: 14336 WHEREAS, consideration has been given as 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; 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 by reference and incorporated as if fully set forth in this Section. Section 2. Article 1 of the Miami 21 Code is hereby amended in the following particulars:1 "ARTICLE 1. DEFINITIONS 1.2 DEFINITIONS OF TERMS Adaptive Use: Rehabilitation or renovation of existing Building(s) for any Use(s) other than the present Use. Administrative Site Plan Review: Optional permit approving dimensioned site plans, floor plans, elevations, zoning data, and related diagrams for a Use, Structure, or combination thereoffor one or more uses permitted By Right, as provided in section 7.1.2.10. Also known as an "ASPR." —'' tap rrt Adult: An adult is a person eighteen (18) years of age or older. -72 „: .• r� By Right: A Use or Structure allowed pursuant to zoning review and approval of a Building Permit or issuance of a Certificate of Use under Article 7, Section 7.1.2.1., titled `Permitted Uses," and without approval by Waiver, Warrant, Exception, Variance, or other required City Commission, Historic and Environmental Preservation Board, or Planning, Zoning, and Appeals Board approval. * * * Urban Development Review Board or UDRB: The board governed by Chapter 62, Article IX of the City Code, as may be amended from time to time. Section 3. Article 7 of the Miami 21 Code is hereby amended in the following particulars:1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 3 of 11 File ID: 16433 (Revision: A) Printed on: 3/19/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16433 Enactment Number: 14336 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES * DIAGRAM 14 PERMITTING PROCESS Applicant 1 Zoning Office Referral 1 1 1 By Right Warrant (includin Waiver (Uses Only) g ASPR) 1 1 1 Preapplication Preapplication 1 1 1 Submit to Submit to Zoning Office* Planning Department* Department 1 1 1 1 PD 1 CRC 1 1 1 Office Planning Zoning O 1 Decision Department Decision 1 1 1 1 1 1 1 1 Building Permit 1 1 1 1 Building Building Permit Permit PD Planning Department CRC Coordinated Review Committee PZAB Planning Zoning and Appeals Board I 1 Exception 1 Preapplication 1 Submit to Planning Department* 1 1CRC 1 Planning Department Certification 1 File with Hearing Boards* 1 PZAB 1 1 Building Permit 1 Variance 1 1 Zoning Change 1 Preapplication Preapplication 1 Submit to Planning Department* 1 1 Planning Department Certification 1 File with Hearing Boards* 1 PZAB 1 1 Building Permit 1 Submit to Planning Department* 1 planning,: D,ep*rtrint 171 Certification w rr1 it witf? < _hleann�, f°t i Bp -Ards*; c r ; ,, ;Nit P4B 1 City Commission 1 Building Permit Note: The above table summarizes only the most common processes. In certain circumstances, the Miami 21 Code, the City Code, and the Miami -Dade County Code of Ordinances may require additional reviews such as but not limited to from the UDRB, the Historic and Environmental Preservation Board, or Miami -Dade County's Biscayne Bay Shoreline Development Review Committee. City of Miami Page 4 of 11 File ID: 16433 (Revision: A) Printed on: 3/19/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16433 Enactment Number: 14336 7.1 PROCEDURES 7.1.1 Authorities 7.1.1.1 Zoning Administrator a. Functions, powers and duties. A Zoning Administrator, appointed by and responsible to the City Manager, shall be responsible for administration and enforcement of the Miami 21 Code as provided herein, with such assistance as the City Manager may direct. For purposes of this Code, the functions, powers and duties of the Zoning Administrator more specifically include: 1. To determine whether applications for ASPRs or building permits as required by the Building Code are in accord with the requirements of this zoning ordinance. No ASPR or building permit shall be issued without approval of zoning compliance by the Zoning Administrator that plans and applications conform to applicable zoning regulations, except as provided in Section 7.1.2. 7.1.1.2 Planning Director a. Functions, powers and duties. A Planning Director, appointed by and responsible to the City Manager, shall be responsible for administration of the Miami 21 Code, as provided herein, with such assistance as the City Manager may direct. For purposes of this Code, the functions, powers and duties of the Planning Director more specifically include: * * * 3. To review and provide findings and recommendations to the Zoning Administrator regarding certain applications for ASPR and administrative Watver "'f pursuant to the standards of the Miami 21 Code. r r * * * "r wj up "y: .. f" -.0 >• .; • .. 7.1.2 Permits X, -c .c- f",`i a. The permits that may be necessary to develop property under the Miami 21 Cbde` . E.07 include the following: Warrant; Waiver; Exception; Variance; Administrative Site Plan Review; and amendment to the Code (including text amendments, rezoning and Special Area Plans). The permits are illustrated in Article 7, Diagram 14. b. In addition, certain approvals may be necessary to confirm that uses are permitted uses under the Code, which are zoning approval (by right), certificate of use, planning determination, or zoning interpretation. c. Permits issued in error shall convey no rights to any parry-.-1 and The the Zoning Administrator shall require corrections to be made, except in the following circumstances: unless City of Miami Page 5 of 11 File ID: 16433 (Revision: A) Printed on: 3/19/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16433 Enactment Number: 14336 1. construction has commenced on that portion of the construction that was permitted in error, or 2. correction of an error in an approved Warrant, Waiver, Exception, Variance, or Administrative Site Plan Review that is not discovered prior to application for building permit may only be required during the building permit review process if such error results in a structure or property: containing a Use prohibited by this Code; exceeding maximum allowed Density, Intensity, or Heiqht provided in this Code: violating minimum Setback requirements provided in this Code; presenting a threat to life safety as determined by the Building Department; or containinq a violation of a requirement administered exclusively by the City Department of Resilience and Public Works or successor department responsible for public works. d. The time to act upon any approval granted pursuant to this Code shall be tolled during the pendency of (i) any appeal or other litigation challenging such approval and (ii) ani appeal or other litigation concerning another development permit, development order, or other permit or approval that the City requires for the development that is the subject of such approval. 7.1.2.1 Permitted Uses A An ASPR or building permit for those permitted Uses as set forth in Article 4, Table 3 of this Code shall be approved By Right when the Use meets all of the applicable standards of the Miami 21 Code, and the other specific requirements that may be enumerated elsewhere in the City Code. a. Zoning approval 1. A Subject to Section 7.1.2, an ASPR or building permit shall be issued only after a zoning approval from the Zoning Administrator has been obtained indicating that the application meets the applicable provisions of the Miami 21 Code. 2. Upon an affirmative finding by the Zoning Administrator that plans and application submitted are complete and in compliance with the applicable requirements of the Miami 21 Code, an approval shall be entered on the application and on the applicable ASPR or building permit and, if otherwise lawful, the permit shall be issued to the applicant, together with one copy of the approved plan. 3. Except as provided in Section 7.1.2, t# if the application and plan are not in full in compliance with the requirements of the Miami 21 Code, the application shall not be approved and the applicant notified in writing of the reasons for such decision, with citation to the legal authority for any denial of a permit. 4. Where a Warrant, Waiver, Exception, Variance, or ASPR has been approved in accordance with this Code, zoning and planning department review of a building permit application shall be limited to ensuring conformity with the approved permit, except as provided for in Section 7.1.2 or to the extent the building permit application coot is a modification to a previously approved component. 7.1.2.4 Warrant 3-10 "71 rka Co City of Miami Page 6 of 11 File ID: 16433 (Revision: A) Printed on: 3/19/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16433 Enactment Number: 14336 The Warrant permits those Uses listed in Article 4, Table 3 of this Code as requiring a Warrant, upon review by the Planning Director or with the additional review of the Coordinated Review Committee. c. Review and approval process. 4. A Warrant shall be valid for a period of twthree (3) years,, during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A -one All Warrants that are unexpired as of December 1, 2024 and for which a one-year extension as previously provided in this paragraph were not already obtained are deemed extended by one (1) year. 7.1.2.5 Waiver The Waiver permits minor deviations from the Miami 21 Code in certain specified circumstances as provided in the various articles of this Code and as consistent with the Guiding Principles in Article 2 of this Code. Waivers are not intended to relieve specific cases of financial hardship, nor to allow circumventing of the intent of this Code. A Waiver may not be granted if it conflicts with the City Code or the Florida Building Code. 29. As appropriate to the nature of the Waiver involved and the particular circumstances of the case, a ten percent (10%) deviation of numerical standards specified in this Code may be approved by process of Waiver. Application of this Waiver shall be consistent with the Guiding Principles in Article 2, promote the intent of the particular Transect Zone, and be in compliance with the criteria listed in subsections (a), (b), or (c). A ten percent (10%) Waiver shall not be combined with any other specified Waiver of the same standard. (a) A ten percent (10%) Waiver 1. Density; 2. Intensity; 3. Height; 4. Floorplate Area-ancli 5. Floorplate Length; 56. Access aisle width; 67. Loading berth type and size dimensional standards (except for verticaro clearance); 78. Lot Coverage where a Flexible Lot Coverage program is available; 69. Side and Rear Setbacks on a T5 or T6 Lot for those sides or rear Lot lines sharing an adjacent property line to a T3 Lot; or 4-911. Distance thresholds triggering the requirement of a sfess-Clock cross - Block Passage. shall not be applied to the following standard$: 771. r City of Miami Page 7 of 11 File ID: 16433 (Revision: A) Printed on: 3/19/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 188433 Enactment Number: 14336 f. A Waiver shall be valid for a period of #we-F23 three (3) years, during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A All Waivers that are unexpired as of December 1, 2024 and for which a one-year extension as previously provided in this paragraph were not already obtained are deemed extended by one (1) year. 4- 7.1.2.6 Exception As identified in Article 4, Table 3 of this Code, a Use may be permitted by Exception in specific Transect Zones if it conforms to criteria of this Miami 21 Code. Exceptions may also be permitted as provided in this Code, such as for adjustments to nonconformities as provided in Section 7.2. Except as otherwise provided in this Code, the Planning, Zoning and Appeals Board shall determine whether an Exception may be granted. * e. An Exception shall be valid for a period of t.r three (3) years, during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. , All Exceptions that are unexpired as of December 1, 2024 and for which a one-year extension as previously provided in this paragraph were not already obtained are deemed extended by one (1) year. 7.1.2.7 Variance g. A project for which the Variance has been obtained shall be valid for a period of two (2} three (3) years, during which a Building Permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. , All such ,. proiects that are unexpired as of December 1, 2024 and for which a one -near extension- as previously provided in this paragraph were not already obtained are deemed extended b one(1)year. 7.1.2.10 Administrative Site Plan Review (ASPR) a. An ASPR is an optional permit that may be sought for any Use or Structure that is eligible to Proceed By Right and may be applied for regardless of whether the applicant has also applied for a building permit. b. Required submittals. City of Miami Page 8 of 11 File ID: 16433 (Revision: A) Printed on: 3/19/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16433 Enactment Number: 14336 At minimum, an application for ASPR shall include all submittal requirements identified in Sections 7.1.3.2 and 7.1.3.3. c. Review criteria and approval process. 1. The Zoning Administrator shall review each ASPR application for compliance with the applicable provisions of the Miami 21 Code, this Section 7.1.2.10, and the other specific requirements that may be enumerated elsewhere in this Code or the City Code. 2. The Zoning Administrator shall issue a written decision to approve, approve with conditions, or deny an ASPR application after the application is deemed complete pursuant to the Miami 21 Code. An application that has obtained prescreen approval through the Citv's electronic submission process shall be deemed complete. 3. If planning review is required by the Miami 21 Code or requested by the Zoning Administrator, the Planning Director shall be included as a reviewing discipline simultaneously and shall provide all recommendations and findings on the ASPR application after receipt of a complete application. The Planning Director's review shall be governed by Article 4, Table 12 - Design Review Criteria, of the Miami 21 Code, where applicable. 4. Where the Miami 21 Code requires, or the Planning Director elects pursuant to Section 7.1.1.2 to seek, UDRB review, a complete ASPR application shall be promptly referred to the UDRB for review pursuant to Chapter 62, Article IX of the City Code. 5. An ASPR shall be approved if the application complies with all applicable regulations. 6. Approvals may be granted subject to such conditions as may be necessary to comply with all applicable regulations. 7. An ASPR that does not comply with applicable regulations shall be denied. Denials shall include citations to the relevant regulations and other legal authority and a complete list of comments on the application from all applicable disciplines, if any. d. An ASPR shall be valid for a period of three (3) nears, during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. e. Approval of an ASPR shall vest the proposed development against: further planning and zoning reviews in subsequent development permit applications, except as provided:'for fig, Section 7.1.2 or to the extent such subsequent application contains a modification. o a'c„ previously approved component; and subsequent amendments to the City Cod6 pr.the: Miami 21 Code that would require modifications to the approved development. -c 7.1.3.2 Generally co a. The Zoning Office shall direct an applicant for a permit under this Code to the appropriate office for the review of the permit application by issuing a Zoning Referral. Preapplication package forms for specific permits shall be provided by the city administration to assist the applicant in the review and approval process. For all applications, the following information shall be required: r- r.� * * * f C:7 City of Miami Page 9 of 11 File ID: 16433 (Revision: A) Printed on: 3/19/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16433 Enactment Number: 14336 7. Phased project. A phased project is one whic , is fias to be developed in stages. Such project shall contain a minimum of one (1) acre three-(3) acres of land. i. Any such project shall establish the maximum development capacity for the subject property. ii. At the time of qualification , the project shall be owned by a single entity or subsidiaries of one (1) entity -and. iii. A phased proiect may occupy contiguous lands, separated only by streets or alleys, and will be considered as one (1) project for the purpose of calculating all zoning requirements. iv. A phased project must be qualified by the Planning Director and -Zoning Administrator, at the written request of the property owner. * c. When any combination of a Warrant, Waiver or Exception is requested for a particular project, one application for the highest ranking permit shall be sufficient for review, and lower ranking approvals need not be applied for separately. 1. Although only one application is required to be filed, the project must meet the criteria for all the approvals requested. 2. Applications shall be ranked as follows: Waivers, Warrants, and Exceptions. 3. Special Area Plans, Variances, and amendments to the Miami 21 Code shall always require separate applications and approvals. 4. The approval of any administrative permit shall be contingent on the approval of all permits requiring public hearing, and the appeal period for any required administrative approval shall be stayed pending the approval of the last permit requiring public hearing. It is provided, however, that where a proposed development requires both a permit requiring a public hearinq and a lower ranking Waiver and the public hearing permit approved but such Waiver was omitted, the Waiver shall be deemed approved — C) , 7.1.3.3 For By Right permits and ASPRs For By Right permits and ASPR approvals, the applicant shall also provide a complete:set 3 plans, signed and sealed as required by the Florida Building Code, which should a. Location plan at minimum scale of 1:200, of project within Neighborhood structure as s wn in the Zoning Atlas, including plat plan of Neighborhood and Building footprints of .. Neighborhood or superimposition of project on aerial photograph. Section 4. It is further recommended that an application that the Office of Zoning had previously approved to proceed as a Dry Run and that is being actively pursued as of the date of adoption of this Ordinance may be converted to an ASPR application at the applicant's option by submitting a written notification to the Zoning Administrator and paying the applicable review fee, provided that where a Dry Run fee was previously paid, only a difference between the previous fee and the ASPR fee shall be due. Such conversion is perfected only upon additional review by the Office of Zoning to confirm the application complies with all applicable laws as of the date of the request for conversion. City of Miami Page 10 of 11 File ID: 16433 (Revision: A) Printed on: 3/19/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16433 Enactment Number: 14336 Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 6. Until such time as Chapter 62 of the City Code is amended to include a specific fee for an ASPR, the fee shall be the same as a Waiver. Section 7. 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 8. This Ordinance shall become effective upon ten (10) days after adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: Wy ng Ill, C y or -y 1/12/2024 ge . Wy% n• III, C or =y 3/19/2025 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 11 of 11 File ID: 16433 (Revision: A) Printed on: 3/19/2025 SUBSTITUTED City of Miami Legislation Ordinance Enactment Number File Number: 16433 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.co Final Actin AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDIN ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE ' ITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MOR SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2 ITLED "DEFINITIONS / DEFINITIONS OF TERMS," AND ARTIC 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO PRO DE FOR A BY - RIGHT ADMINISTRATIVE SITE PLAN REVIEW ("AS ' ") PROCESS AND A SIMPLIFIED BUILDING PERMIT REVIEW PROC S FOR APPROVED ASPR, EXCEPTION, VARIANCE, WARRANT, A a WAIVER APPLICATIONS; PROVIDING FOR TOLLING • ZONING APPROVALS DURING PENDENCY OF CERTAIN LITIGAT AN; REPLACING THE TWO (2) YEAR TIME LIMITATION AND OPTION ' ONE (1) YEAR EXTENSION FOR OBTAINING BUILDING PERMIT O' ERTIFICATE OF USE FOR AN EXCEPTION, VARIANCE, WARRANT, ' AIVER, OR ASPR WITH A THREE (3) YEAR TIME LIMITATION ITH NO ADMINISTRATIVE EXTENSIONS; REVISING PHASE' ' ROJECT REQUIREMENTS AS TO APPROVAL BY PLANNING DIR TOR AND TO REDUCE PROPER1Y SIZE LIMITATIONS; CLARIFYI PREVIOUSLY ADOPTED = _" FLOORPLATE LENGTH AN" ' REA WAIVER PROHIBITIONS; ;,! PROVIDING FOR APPLIC = ILITY TO PRIOR APPLICATIONS AND APPROVALS; MAKING F DINGS AND TECHNICAL CHANGES; CONTAINING A SEVEBILITY CLAUSE; AND PROVIDING FOR ANI IMMEDIATE EFFEC E DATE. r-' ate: WHEREAS, on Oc •er 22, 2009, the Miami City Commission adopted Ordinance No. 13114 as the Zoning Or•' ance of the City of Miami, Florida, which has been amended from time to time ("Miami 2 ode"); and WHEREA he Miami 21 Code provides for planning and zoning reviews of Exceptions, Warrants, Waiv- , Variances (collectively, "Special Permits"), and building permits for projects in the City of - mi ("City"); and W REAS, for projects that proceed "By Right," as defined in Section 1.2 of the Miami 21 Code nd without a Special Permit, the Miami 21 Code currently provides no process to review • esign drawings and grant a formal approval that would entitle or vest the design against cha 4 es to the Miami 21 Code such that an applicant may rely upon the design approval prior to e nding significant funds on complete mechanical, electrical, plumbing, and structural plans; d City of Miami File ID: 16433 (Revision:) Printed On: 11/12/2024 SUBSTITUTED WHEREAS, as a policy, the Office of Zoning has historically offered a Building Permit Dry Run review, as defined in Section 10-4(a) of the Code of the City of Miami, Florida, as amended ("City Code"), for projects anticipated to proceed By Right; and WHEREAS, the Dry Run review process cannot be relied upon as a zoning entitleme or to vest against changes to the Miami 21 Code and may still subject applicants to expen ' e redesigns of projects if omissions or en -ors are found when building permits are applied f; and WHEREAS, the City wishes to offer a formal approval akin to a Special Pe projects that intend to proceed By Right but that are not yet ready to apply for a b and for those ing permit; WHEREAS, the Miami 21 Code requires projects approved by a Spe- al Permit to be redesigned if an error or omission is found during the building permit revie , even though the Office of Zoning and Planning Department previously reviewed and app - ed the applicable plans; and WHEREAS, this process results in duplicative review by th Office of Zoning and Planning Department and increased uncertainty and expense to . pplicants; and WHEREAS, the City desires to provide certainty in t development process and more efficiently use existing staff resources to reduce wait time or permits; and WHEREAS, the Miami 21 Code allows the Zo ' g or Planning Director, as applicable, to grant a one-year extension to any Special Permit b • nd its two-year expiration date; and WHEREAS, processing such extensions equires City staff to review additional paperwork but without possessing criteria for . nial; and ru WHEREAS, simply providing a thr --year expiration date without the need for requesting a discretionary extension wo d grant additional certainty for exercising, righl:s Cinder a Special Permit or ASPR; and WHEREAS, in addition to ch changes to Article 7 of the Miami 21 Code, the City -.- wishes to clarify and reassert p ious changes to Article 7 related to prohibitions on -Wa+r < requests for floorplate length ' floorplate area increases, to create greater certainty as to -the `_' rules governing such reque- s; and '.- WHEREAS, the ity wishes to offer streamlined permitting reviews and greater certainty in the permitting proc - - s; and WHER , full consideration was given to the Planning Director's as to this proposed text amendme and WH -EAS, a public hearing was held on the proposed text amendment; and HEREAS, on July 17, 2024, at a duly notice public meeting, the Planning, Zoning and Appe s Board ("PZAB") considered the zoning text change, item PZAB.6, and passed PZAB-R- 24 3, recommending approval, by a vote of seven to zero (7-0); and WHEREAS, consideration has been given as to whether the proposed text amendment will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and City of Miami File ID: 16433 (Revision:) Printed On: 11/12/2024 SUBSTITUTED WHEREAS, consideration has been given as 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY i F MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinan are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Article 1 of the Miami 21 Code is hereby amended in the follo n particulars:1 "ARTICLE 1. DEFINITIONS 1.2 DEFINITIONS OF TERMS * * * Adaptive Use: Rehabilitation or renovation of existing Buil ' g(s) for any Use(s) other than the present Use. Administrative Site Plan Review: Optional permit apoving dimensioned site plans, floor plans, elevations, zoning data, and related diagrams for se, Structure, or combination thereof for one or more uses permitted By Right, as provid - • in section 7.1.2.10. Also known as an "ASPR." Adult: An adult is a person eighteen (18) ars of age or older. By Right: A Use or Structure allo d pursuant to zoning review and approval of a BuildinP D Permit or issuance of a Certifi - of Use under Article 7, Section 7.1.2.1., titled "Permitted`? b Uses," and without approval • Waiver, Warrant, Exception, Variance, or other required City g'1 Commission, Historic and vironmental Preservation Board, or Planning, Zoning, and Appeals Board approval. * * * Urban Developm - t Review Board or UDRB: The board governed by Chapter 62, Article IX of the City Code, may be amended from time to time. ection 3. Article 7 of the Miami 21 Code is hereby amended in the following parti - ars:1 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 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 unchanaed material. City of Miami File /D: 16433 (Revision:) Printed On: 11/12/2024 Applicant 1 Zoning Office Referral 1 1 By Right (includin Waiver g ASPR) * DIAGRAM 14 PERMITTING PROCESS 1 Warrant (Uses Only) 1 1 1 Preapplication 1 1 Submit to Zoning Office* 1 1 1 1 Preapplication 1 Submit to Planning Department* 1 1 1 PD j CRC 1 1 Zoning Office Decision 1 1 1 1 1 Building Permit Planning Department Decision 1 1 Building Building Permit Permit SUBSTITUTED PD Planning Department CRC Coordinated Review Committee PZAB Planning Zoning and Appeals -oard I 1 Exception 1 Preapplication 1 Submit to Plannin Depa ent* 1 j C Planning Department Certification 1 File with Hearing Boards* 1 PZAB 1 1 Building Permit 1 Varian 1 application 1 Submit to Planning Department* 1 1 Planning Department Certification 1 File with Hearing Boards* 1 PZAB 1 1 Building Permit 1 Zoning Change 1 Preapplication 1 Submit to Planning Department* 1 1 Planning Department Certification 1 File with Hearing Boards* 1 PZAB City -- CommiSron ling" Pel f it: r.) Note: The abe table summarizes only the most common processes. In certain circumstances, the Miami Code, the City Code, and the Miami -Dade County Code of Ordinances may require a• . itional reviews such as but not limited to from the UDRB, the Historic and Enviro ental Preservation Board, or Miami -Dade Countv's Biscayne Bay Shoreline Deve pment Review Committee. 1 PROCEDURES 7.1.1 Authorities City of Miami File ID: 16433 (Revision:) Printed On: 11/12/2024 SUBSTITUTED 7.1.1.1 Zoning Administrator a. Functions, powers and duties. A Zoning Administrator, appointed by and responsible to the City Manager, shall be responsible for administration and enforcement of the Miami 21 Code as provided herein, with such assistance as the City Manager may direct. Fo purposes of this Code, the functions, powers and duties of the Zoning Administrator more specifically include: 1. To determine whether applications for ASPRs or building permits as req ed by the Building Code are in accord with the requirements of this zoning or nance. No ASPR or building permit shall be issued without approval of zoni compliance by the Zoning Administrator that plans and application - conform to applicable zoning regulations except as •rovided in Section 7.1 7.1.1.2 Planning Director a. Functions, powers and duties. A Planning Director, appoint: by and responsible to the City Manager, shall be responsible for administration of t Miami 21 Code, as provided herein, with such assistance as the City Manager may •' ect. For purposes of this Code, the functions, powers and duties of the Planning Dire ► • r more specifically include: 3. To review and provide findings and re' •mmendations to the Zoning =r Administrator regarding certain appl' tions for ASPR and administrative Waiver .., pursuant to the standards of the = mi 21 Code. 7.1.2 Permits a. The permits that may be necsary to develop property under the Miami 21 Code include the following: Warr. t; Waiver; Exception; Variance; Administrative Site Plan Review; and amendmen the Code (including text amendments, rezoning and Special Area Plans). The perm are illustrated in Article 7, Diagram 14. b. In addition, certain - pprovals may be necessary to confirm that uses are permitted uses under the Code, ich are zoning approval (by right), certificate of use, planning determination, . r zoning interpretation. c. Permits is ed in error shall convey no rights to any party--, and The the Zoning Adminis -tor shall require corrections to be made, except in the following circu • ances: uxaless 1. construction has commenced on that portion of the construction that was permitted in error; or 2. correction of an error in an approved Warrant, Waiver, Exception, Variance, or Administrative Site Plan Review that is not discovered prior to application for building permit may only be required during the building permit review process if such error results in a structure or property: containing a Use prohibited by this Code; exceeding maximum allowed Density, Intensity, or Height provided in this Code; violating minimum Setback requirements provided in this Code; presenting a threat to life safety as determined by the Building Department; or containing a violation of a City of Miami File ID: 16433 (Revision:) Printed On: 11/12/2024 SUBSTITUTED requirement administered exclusively by the City Department of Resilience and Public Works or successor department responsible for public works. d. The time to act upon anv approval granted pursuant to this Code shall be tolled during the pendency of (i) any appeal or other litigation challenqinq such approval and (ii) an appeal or other litigation conceminq another development permit, development ord: , or other permit or approval that the City requires for the development that is the sub' ' t of such approval. 7.1.2.1 Permitted Uses A An ASPR or building permit for those permitted Uses as set forth in Article 4 able 3 of this Code shall be approved By Right when the Use meets all of the applicable s . ndards of the Miami 21 Code, and the other specific requirements that may be enumera d elsewhere in the City Code. a. Zoning approval 1. A Subject to Section 7.1.2, an ASPR or building permit s' :11 be issued only after a zoning approval from the Zoning Administrator has be= obtained indicating that the application meets the applicable provisions of the Mi i 21 Code. 2. Upon an affirmative finding by the Zoning Adminis :tor that plans and application submitted are complete and in compliance with ' - applicable requirements of the Miami 21 Code, an approval shall be entered on the • • plication and on the applicable ASPR or building permit and, if otherwise lawful, the • it shall be issued to the applicant, together with one copy of the approved pl 3. Except as provided in Section 7.1.2, # if e application and plan are not in full in compliance with the requirements of t Miami 21 Code, the application shall not be approved and the applicant notified ' writing of the reasons for such decision, with citation to the legal authority for a denial of a permit. 4. Where a Warrant, Waiver, Exce• on, Variance, or ASPR has been approved in accordance with this Code, zo ' nq and planning department review of a building permit application shall be limited t. -nsurinq conformity with the approved permit, except as provided for in Section 7.1 or to the extent the building permit application contains a modification to a previo v approved component. 7.1.2.4 Warrant n�a h•J The Warrant permi those Uses listed in Article 4, Table 3 of this Code as requiring a Warrant„ upon review by t Planning Director or with the additional review of the Coordinated Review Committee. c. Rev and approval process. * * * * * * r-- ri I' co . A Warrant shall be valid for a period of two (2) three (3) years, during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A-ene All Warrants that are unexpired as of [insert date of adoption of the City of Miami Ale ID: 16433 (Revision:) Printed On: 11/12/2024 SUBSTITUTED Ordinancel and for which a one-year extension as previously provided in this paragraph were not already obtained are deemed extended by one (1) year. 7.1.2.5 Waiver The Waiver permits minor deviations from the Miami 21 Code in certain specified cirmstances as provided in the various articles of this Code and as consistent with the Guiding - rinciples in Article 2 of this Code. Waivers are not intended to relieve specific cases of fina ' al hardship, nor to allow circumventing of the intent of this Code. A Waiver may not be gra ► ed if it conflicts with the City Code or the Florida Building Code. * * * 29. As appropriate to the nature of the Waiver involved and the parti case, a ten percent (10%) deviation of numerical standards specifi approved by process of Waiver. Application of this Waiver shall Principles in Article 2, promote the intent of the particular Tran with the criteria listed in subsections (a), (b), or (c). A ten p combined with any other specified Waiver of the same sta (a) A ten percent (10%) Waiver shall no 1. Density; 2. Intensity; 3. Height; 4. Floorplate Area -ant 5. Floorplate Length; 66. Access aisle width; 6Z. Loading berth type an' size clearance); 78. Lot Coverage wh - a Flexible Lot Coverage program is available; 69. Side and Rear tbacks on a T5 or T6 Lot for those sides or rear Lot lines sharing an ad' ent property line to a T3 Lot; or 4911. Distance resholds triggering the requirement of a cress-Glesk cross - Block Pa • ge. lar circumstances of the in this Code may be consistent with the Guiding ct Zone, and be in compliance ent (10%) Waiver shall not be ard. e applied to the following standards: J LO dimensional standards (except for vertical * * * f. A Waiver shall b valid for a period of fire ) three (3) years, during which a building permit or Certificate • se must be obtained. This excludes a demolition or landscape permit. A - _ _ • _ All Waivers that are unexpired as of [insert date of .f the Ordinancel and for which a one-year extension as previously provided in this •h were not already obtained are deemed extended by one (1) year. adoptio paragr 7 .2.6 Exception As identified in Article 4, Table 3 of this Code, a Use may be permitted by Exception in specific Transect Zones if it conforms to criteria of this Miami 21 Code. Exceptions may also be permitted as provided in this Code, such as for adjustments to nonconformities as provided in City of Mlaml t 0 File ID: 16433 (Revision:) Printed On: 11/12/2024 SUBSTITUTED Section 7.2. Except as otherwise provided in this Code, the Planning, Zoning and Appeals Board shall determine whether an Exception may be granted. e. An Exception shall be valid for a period of two{-2) three (3) years, during which a buildi permit or Certificate of Use must be obtained. This excludes a demolition or landsca permit. All Exceptions that are unexpir • finsert date of adoption of the Ordinance) and for which a one-year extension . . provided in this paragraph were not already obtained are deemed extended 7.1.2.7 Variance * * * as of previously one (1) year. g. A project for which the Variance has been obtained shall be val'' for a period of twe-(2) three (3) years, during which a Building Permit or Certificate excludes a demolition or landscape permit. proiects that are unexpired as of (insert date of adoptio one-year extension as previously provided in this par deemed extended by one (1) year. * * 7.1.2.10 Administrative Site Plan Review (ASP' a. An ASPR is an optional permit that m proceed By Right and may be appliefor regardless of whether the applicant has'also applied for a building permit. se must be obtained. This All such f the Ordinance) and for ` w treh a raph were not already obtained are MI r t"9 -c0 b. Required submittals. At minimum, an application Sections 7.1.3.2 and 7.1.3 c. Review criteria and a 1. applicable pro requirement 2. conditio 3. 4. 5. City of Miami ASPR shall include all submittal requirements identified in pursu oval process. The Zoning Ad !stator shall review each ASPR application for compliance with the ions of the Miami 21 Code, this Section 7.1.2.10, and the other specific hat may be enumerated elsewhere in this Code or the City Code. The Zonin ► Administrator shall issue a written decision to approve, approve with . , or deny an ASPR application after the application is deemed complete t to the Miami 21 Code. An application that has obtained prescreen approval thro • h the City's electronic submission process shall be deemed complete. If nninq review is required by the Miami 21 Code or requested by the Zoning ministrator, the Planning Director shall be included as a reviewing discipline simultaneously and shall provide all recommendations and findings on the ASPR application after receipt of a complete application. The Planning Director's review shall be governed by Article 4, Table 12 — Design Review Criteria, of the Miami 21 Code, where applicable. Where the Miami 21 Code requires, or the Planning Director elects pursuant to Section 7.1.1.2 to seek, UDRB review, a complete ASPR application shall be promptly referred to the UDRB for review pursuant to Chapter 62, Article IX of the City Code. An ASPR shall be approved if the application complies with all applicable regulations. File ID: 16433 (Revision:) Printed On: 11/12/2024 rn e sought for any Use or Structure that ts,elic ile to SUBSTITUTED 6. Approvals may be granted subject to such conditions as may be necessary to comply with all applicable requlations. 7. An ASPR that does not comply with applicable regulations shall be denied. Denials shall include citations to the relevant regulations and other legal authority and a complete lis of comments on the application from all applicable disciplines. if any. d. An ASPR shall be valid for a period of three (3) years. during which a building permit . r Certificate of Use must be obtained. This excludes a demolition or landscape pe e. Approval of an ASPR shall vest the proposed development against: further plaIna and zoning reviews in subsequent development permit applications, except as pr' ided for in Section 7.1.2 or to the extent such subsequent application contains a mod -tion to a previously approved component: and subsequent amendments to the Ci Code or the Miami 21 Code that would require modifications to the approved devel• •ment. 7.1.3.2 Generally a. The Zoning Office shall direct an applicant for a permit • er this Code to the appropriate office for the review of the permit application by issuin • - Zoning Referral. Preapiplica1ton package forms for specific permits shall be provided -y the city administration to ass$ the 741 applicant in the review and approval process. For applications, the following' information rn •shall be required: ..< 0 C -b 7. Phased project. A phased project is e which, , is tiaig developed in stages. Such proje all contain a minimum of one (1) acre tl acres of land. i_ Any such project shall est • ish the maximum development capacity for the subject property. ii. At the time of qualific •n , the project shall be own - : by a single entity or subsidiaries of one (1) entity -and! iii. A phased project -y occupy contiguous lands, separated only by streets or alleys, and will be cons . ered as one (1) project for the purpose of calculating all zoning requirements iv. A phased pr' ect must be qualified by the Planning Director ag at the written request of the property owner. * * * c. When an ombination of a Warrant, Waiver or Exception is requested for a particular project • ne application for the highest ranking permit shall be sufficient for review, and lower nking approvals need not be applied for separately. 1. though only one application is required to be filed, the project must meet the criteria for all the approvals requested. Applications shall be ranked as follows: Waivers, Warrants, and Exceptions. 3. Special Area Plans, Variances, and amendments to the Miami 21 Code shall always require separate applications and approvals. 4. The approval of any administrative permit shall be contingent on the approval of all permits requiring public hearing, and the appeal period for any required administrative approval shall be stayed pending the approval of the last permit requiring public hearing. City of Miami File ID: 16433 (Revision:) Printed On: 11/12/2024 SUBSTITUTED It is provided, however, that where a proposed development requires both a permit requiring a public hearing and a lower ranking Waiver and the public hearing permit is approved but such Waiver was omitted, the Waiver shall be deemed approved. 7.1.3.3 For By Right permits and ASPRs For By Right permits and ASPR approvals, the applicant shall also provide a complete -t of plans, signed and sealed as required by the Florida Building Code, which should incl e: a. Location plan at minimum scale of 1:200, of project within Neighborhood stru ' ure as shown in the Zoning Atlas, including plat plan of Neighborhood and Building footp is of Neighborhood or superimposition of project on aerial photograph. * *„ Section 4. It is further recommended that an application that ' e Office of Zoning had previously approved to proceed as a Dry Run and that is being ac ' ely pursued as of the date of adoption of this Ordinance may be converted to an ASPR app tion at the applicant's option by submitting a written notification to the Zoning Administrator d paying the applicable review fee, provided that where a Dry Run fee was previously paid, ly a difference between the previous fee and the ASPR fee shall be due. Such conve • n is perfected only upon additional review by the Office of Zoning to confirm the application ' . mplies with all applicable laws as of the date of the request for conversion. Section 4. If any section, part of a section, aragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining pro sions of this Resolution shall not be affected. Section 6. Until such time as Chapt2 of the City Code is amended to include a 1 specific fee for an ASPR, the fee shall be e same as a Waiver. 1 Section 7. It is the intention th, the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, ich provisions may be renumbered or re -lettered and that the word "Ordinance" may be cha ' • ed to "Section," "Article," or other appropriate word to accomplish such intention. Section 8. This Ord' - nce shall become effective upon ten (10) days after adoptipn thereof.2 APPROVED AS TO FM AND CORRECTNESS: 111, C y or -y 1/12/2024 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: 16433 (Revision:) Printed On: 11/12/2024