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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.
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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
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16433 Legislation -SUB
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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
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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." —''
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Adult: An adult is a person eighteen (18) years of age or older. -72
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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.
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"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.
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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:
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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
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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
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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
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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.
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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:
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* * *
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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.
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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.
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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
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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
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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
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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
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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
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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
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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