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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 14354 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16869 Final Action Date: 2/13/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," TO ADD A DEFINITION OF PORTICO; AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," TO CLARIFY THE BUILDING AND STRUCTURE HEIGHTS IN THE "T3" SUB- URBAN TRANSECT ZONES AND FLOOR AREA FOR INTERMEDIATE LEVELS; AMENDING ARTICLE 4, TITLED "STANDARDS AND TABLES," TO UPDATE SETBACK REQUIREMENTS FOR INGRESS CONTROL DEVICES; AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO UPDATE AND SIMPLIFY REGULATIONS RELATED TO SINGLE FAMILY AND TWO-FAMILY HOMES IN THE "T3" SUB -URBAN TRANSECT ZONES; AND AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO PROVIDE A WAIVER FOR RAISED DECKS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 frooti1 time to time ("Miami 21 Code"); and —CO WHEREAS, the addition of a Portico definition will provide opportunity for a new ` architectural element on Building Facades and support the existing definition and architectural distinction of a Porch; and WHEREAS, the Miami 21 Code includes requirements for Driveways, Setbacks, and Height calculations for developments within the "T3" Sub -Urban Transect Zones; and WHEREAS, on March 9, 2023, the City Commission adopted Ordinance No. 14159 to simplify Driveway regulations in the `T3" Sub -Urban Transect Zone; and WHEREAS, an amendment is necessary to increase Driveway design options available to existing residences, duplex projects and other residences; and WHEREAS, the Miami 21 Code will benefit from clarifications of the maximum Height of ground -floor Story of principal Buildings within the "T3" Sub -Urban Transect Zone and of raised decks located within the rear of "T3" Sub -Urban Transect Zone properties; and WHEREAS, opportunity exists to clarify the Freeboard regulations within the "T3" Sub - Urban Transect Zone without increasing the existing overall Height limits of a "T3" Sub -Urban Transect Zone property; and City of Miami Page 1 of 13 File ID: 16869 (Revision: A) Printed On: 3/13/2025 16869 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16869 Enactment Number. 14354 WHEREAS, on October 26, 2023, the City Commission adopted Ordinance No. 14228, providing for increased floor elevation for properties in the "T3" Sub -Urban Transect Zone to promote resilience and flood protection; and WHEREAS, to preserve the scale and character of these "T3" Sub -Urban Transect Zone neighborhoods and to streamline the interpretation of the Miami 21 Code, a minor amendment will benefit the sections affected by Ordinance No. 14228; and WHEREAS, the Miami 21 Code will benefit from additional detail and the reformatting of language regarding Height and disposition of Fences and walls within the First, Second, and Third Layers of the "T3" Sub -Urban Transect Zone; and WHEREAS, amendments are necessary to provide additional flexibility to site improvement regulations relating to parking within the "T3" Sub -Urban Transect Zone; and WHEREAS, additional flexibility shall be provided to Encroachments to the rear of "T3" Sub -Urban Transect Zone properties in order to be consistent with the existing Encroachment allowances at the front and sides; and WHEREAS, the Miami 21 Code will benefit from clearer First Layer design requirements and regulations of artificial turf or gravel use; and WHEREAS, certain properties require atypical geographical elevation changes; and WHEREAS, an additional Waiver is necessary to allow additional height for raised decks where there is an atypical geographical elevation change; and WHEREAS, on October 16, 2024, at a duly notice public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered the Miami 21 Code text amendment, item PZAB.7, and passed PZAB-R-24-067, recommending approval, by a vote of ten to zero (10-0); and WHEREAS, the City Commission has considered whether the proposed text amendments will further the goals, objectives, and policies of the Miami >..,3 Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City of Miami regulations; and :.p 7 '.S WHEREAS, the City Commission has considered the need and justification for C-- the proposed text amendment, including changed or changing conditions that make the " r" passage of the proposed text amendment necessary; ITI NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CIT1I' OIF 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 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 2 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16869 Enactment Number: 14354 "ARTICLE 1. DEFINITIONS 1.2 DEFINITIONS OF TERMS Porch: An open air room appended to a Building, with floor and roof but no walls on the sides facing Frontages. Portico: An open-air structure consisting of a roof supported by columns or piers, that forms the entrance to a building. Section 3. Article 3 of the Miami 21 Code is hereby amended in the following particulars:1 S) "ARTICLE 3. GENERAL TO ZONES = Y - ..� ry l:w 1 �•, i 3.5.1 Unless otherwise specified herein, the Height of Buildings shall be measured it Stories. The height of Fencesfanel walls and Structures shall be measured in feet. The Height of Buildings Structures, Fences and walls shall be measured from the Average Sidewalk Elevation or, where no sidewalk exists, the average of the record profile grade elevation of the street Abutting the Principal Frontage of the Building, as determined by the Public Works Department, provided however where Section 20-3 (11) of the City Code defines a higher elevation of the adjacent street, that higher future elevation shall control. In the event that the Base Flood Elevation, as established by FEMA, plus Freeboard, is higher than the sidewalk or grade elevations, the total Height of the Building but not the height of Fences and walls shall be measured from the Base Flood Elevation plus Freeboard. 3.5 MEASUREMENT OF HEIGHT 3.5.2 a. For all Transect Zones: i_ A Story is a Habitable level within a Building with a maximum Height of fourteen (14) feet from finished floor to finished floor. ii. Basements are not considered Stories for the purposes of determining Building Height. b. For specific Transect Zones, except the T3 Transect Zone: i. A ground -level Story may exceed this limit up to a total height of twenty-five (25) feet, a+ ii. A a -top-level Story in the T5, T6 Transect Zone may exceed this limit up to a total height of twenty-eight (28) feet and count as one (1) Story, if the Building Height does not exceed the maximum Building Height including all applicable bonuses City of Miami Page 3 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Pile ID: 16869 Enactment Number: 14354 allowed by the transect at fourteen (14) feet per floor and twenty-five (25) feet at the ground level. iii. A ground -level Story may exceed fourteen (14) feet up to a total height of thirty (30) feet when located in the Special Flood Hazard Area, given that the finished floor of the ground level meets the Average Sidewalk Elevation. iv. A single floor level exceeding fourteen (14) feet or twenty-five (25) feet at ground level (or thirty (30) feet at ground level within the Special Flood Hazard Area), shall be counted as two (2) Stories; except for T6-36, T6-48, T6-60, T6-80, and D1, where a single floor level exceeding fourteen (14) feet may count as one (1) story if the Building Height does not exceed the maximum height, including all applicable bonuses, allowed by the transect at fourteen (14) feet per floor. v. The first two stefiesStories' total combined Height shall not exceed thirty-nine (39) feet or forty-four (44) feet in the Special Flood Hazard Area}. vi. The first floor shall be a minimum of fourteen (14) feet in Height,, or nineteen (19) feet in the Special Flood Hazard Area. vii. Intermediate Levels may not exceed thirty-three percent (33%) of the -Habitable Space Floor Area, except in the D1, where Intermediate Levels may not exceed fifty percent (50%) of the Habitable -Space Floor Area. Intermediate Levels extending beyond thirty-three percent (33%) of the Floor Area, or fifty percent (50%) of the Floor Area in D1, shall be counted as an additional floor. viii. The Height of a Parking Structure concealed by a Liner may be equal to the Height of the Liner; this may result in a Liner Story concealing more than one level of Parking. Section 4. Article 4 of the Miami 21 Code is hereby amended in the following. ' T particulars:1 =` .) "ARTICLE 4. STANDARDS AND TABLES i; U:a I I'ii ...� ry U TABLE 5 BUILDING FUNCTION: PARKING AND LOADING , iv * OFF-STREET PARKING STANDARDS ACCESS AISLE WIDTH • Driveways shall have a minimum of 10 feet of paved width of a one- way drive and 20 feet for a two-way drive for parking area providing 10 or more stalls. • Access Aisles shall provide a clear vehicular path of the specified dimensions that is unobstructed by City of Miami Page 4 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16869 Enactment Number. 14354 ANGLE PARKING ONE ONE TWO WAY WAY WAY TRAFFIC TRAFFIC TRAFFIC SINGLE DOUBLE DOUBLE LOADED LOADED LOADED 90 22 ft 22ft 22ft 60 12.8 ft 11.8ft 19.3 ft 45 10.8 ft 9.5 ft 18.5 ft Parallel 10ft 10ft 20 ft Standard stall: 8.5 ft x 18 ft minimum columns, mechanical equipment, parking spaces, and any other encroachments. • Pedestrian Entrances shall be at least 3 feet from stall, driveway or access aisle. • Allowable slopes, paving, and drainage as per Florida Building Code. • Off-street Parking facilities shall have a minimum vertical clearance of 7 feet. Where such a facility is to be used by trucks or loading Uses, the minimum clearance shall be 12 feet Residential and 15 feet Commercial and Industrial. • Ingress vehicular control devices shall be set back 20 feet in ',,, etween-from the Base Building Line -an -dispense!:. Said setback shall not apply to developments located within a T3 Transect Zone that have a Floor Area of Tess than 25,000 sq. ft. • For requirements of parking lots, refer to Article 9 and the City of Miami Off- street Parking Guides and Standards. • No Waiver from required Access Aisle Widths shall be granted. * *� c) t, Section 5. Article 5 of the Miami 21 Code is hereby amended in the following particulars:1 "ARTICLE 5. SPECIFIC TO ZONES * * f."? 5.3 SUB -URBAN TRANSECT ZONES (T3) 5.3.1 Building Disposition (T3) * w co .� J City of Miami Page 5 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 2. At the Second and Third Layers;_ File ID: 16869 Enactment Number: 14354 g. Setbacks for Outbuildings, pools, raised decks and associated steps, tennis -Game 6Courts or other similar recreational facilities shall be as shown for Outbuildings in Illustration 5.3. Raised decks shall be no more than two and one-half (2 %) feet in Height. For Lots with an atypical geographical elevation change, decks may be raised an additional Heiqht by process of Waiver. 5.3.2 Building Configuration (T3) b. Encroachments shall be allowed as follows: 1. At the First Layer,; a. sStairs may encroach up to eight (8) feet of the depth of the Setback. In the event an existing Building is raised in order to bring the finished floor elevation above the Base Flood Elevation plus Freeboard, stairs and ramps required for vertical circulation may encroach one hundred percent (100%) of the Setback by process of Waiver. b. Porticos shall be a minimum of three (3) feet deep and may encroach up to six (6) feet of the depth of the Setback. Open Porches shall be at a minimum seven (7}six (6) feet deep and may encroach up to eight (8) feet of the depth of the Setback. At the First Layer, cCantilevered portions of Awnings, balconies, bay windows and roofs shall be a maximum three (3) feet deep and may ert4roatc,i up to three (3) feet of the depth of the Setback. Other cantilevered portiori';of tiVi Building shall maintain the required Setback. =' '' =I co rtn 'gam a. Awnings, balconies, bay windows, chimneys, roofs and stairs may encioachuip 75 to fifty percent (50%) of the depth of the Side Setback or three (3) feet, -whiff ever' 4 is less. 3. At the Third Layer;; a. Awnings and canopies may encroach up to fifty percent (50%) of the depth of the Rrear Setback. b. Roofs, balconies, and stairs may encroach up to three (3) feet into the rear Setback. * * * e. Building Heights shall be measured in Stories and shall conform to Article 4, Tables 2 and be as shown in Illustration 5.3. The first -floor elevation of a Principal Building shall be a maximum of two and a half (2.5) feet above grade, or Base Flood Elevation with a minimum of one (1) foot to a maximum of eirie (()five (5) feet of Freeboard, whichever is higher. A flat roof shall be a maximum of two Stories and twenty-five (25) feet. A pitched roof shall be a maximum of twenty- five (25) feet to the eave and shall not exceed ten (10) feet overall Height above the second Story. City of Miami Page 6 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16869 Enactment Number: 14354 f. The first -floor elevation as regulated by 5.3.2.e may be increased a maximum of three-(3)four al feet above that already allowed in this section, so long as the maximum height of the structure remains at twenty five (25) feet measured above the freeboard elevation allowed in this section. h. Fences and walls shall conform to the following standards: 1. Within the First Laver, Fences and walls may be located up to and including the Frontage Lin . 2. Within the First Laver, the Height of *Fences and walls shall not exceed four (4) feet within the Circa 1 ayer except aluminum or iron picket and post Fences with or without masonry posts shall not exceed six (6) feet. 3. Within the First Laver, pickets shall have a maximum width of three (3) inches and a minimum clear separation of three (3) inches. 4. Within the Second and Third Layers, Fences and walls shall not exceed eight (8) feet. 5. Posts shall not exceed a dimension of two (2) feet bv two (2) feet within the First Laver and shall have a minimum clear separation of five (5) feet, or three (3) feet minimum for pedestrian access. However, within the visibility triangle, posts shall not exceed a dimension of one (1) foot bv one (1) foot. 6. Notwithstanding the above, walls and fences enclosing outdoor Game Courts may extend up to a maximum height of thirteen feet (13') and shall: a. comply with the underlying Setbacks for Outbuildings; and b. be transparent; and c. be screened by a perimeter landscape Buffer along the sides and rear:of th; minimum height, length and depth necessary to conceal them and mitigatey ambient impacts. ` _; r='� * * * r...i C) i.i co F`ri 5.3.4 Parking Standards (T3) `',-) iC �~ :'-< N Py.7 * * `� •• r- f1 d. Driveways within a Lot shall comply with the following standards: 1. Driveway Widths a. The maximum width of a driveway in the First Layer shall be twenty (20) feet and the minimum width shall be ten (10) feet. b. In T3-R and T3-L, Goon Frontages -with less than fifty{50)fortv-five (45) feet, driveways width(s) in the First Layer shall not exceed thirty percent (30%) of the length of the Frontage but in no case shall it be less than ten (10) feet. c. In T3-O, driveway width(s) shall be limited to twenty (20) feet in aggregate per Frontage. City of Miami Page 7 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16869 Enactment Number: 14354 d. In T3-O, where an existing legal Building prevents the required parking from being placed in the Second Laver, the aggregate driveway width may be increased UP to a maximum of forty (40) feet. Said driveway shall utilize parking strips not to exceed two (2) feet in width. 2. Driveway Separation a. T-we-sepacateIn T3-R and T3-L, driveways on a Frontage shall have a minimum separation egeal4edistance of forty percent (40%) of the length of thethat Frontage. b. In T3-O, there shall be no driveway separation requirement. e. Tandem Parking on site is encouraged. For Lots with one or more residential Buildings, there shall be no limitation on the number of vehicles placed behind one another. No vehicle shall be placed above another unless internalized in a fully screened Garage. 5.3.6 Landscape Standards (T3) a. A minimum of one shade tree shall be planted within the First Layer for each fifty (50) feet of Frontage Line. b. At the First Layer, pavement shall be limited as follows: Impervious pavement shall be limited to thirty percent (30%) of the area and pervious pavement shall be limited tpjsixt; percent (60%) of the area; a combination of pervious and impervious pavement s,h ll be limited to sixty percent (60%) of the area in the First Layer. r") c. Green Space shall be a minimum twenty-five (25%) of the Lot area. -< d. The placement of gravel or artificial turf in the First Layer shall be prohibited. r"9 co N r-n N ILLUSTRATION 5.3 SUB -URBAN TRANSECT ZONES (T3) .70 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 15,000 s.f.min. b. Lot 50 ft min. Width I Comer Ld m 0 3UILDING PLACEMENT Interior Lot r- 10' min. a 27mli. I I 201mIno 14 '13; S min.T i t- Smt I14 let 2nd 3rd UP" LaYer Leff 1sit LAW 2nd & 3rd LaYer City of Miami Page 8 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16869 Enactment Number. 14354 c. Lot Coverage 50% max. first floor 30% max. second floor (T3- R & T3-L only) d. Floor Lot Ratio N/A (FLR) le - Frontage at front N/A Setback f. Green 25% Lot Space Area min. T3-R = 9 du/ac max. T3-L = 9 g. Density du/ac max. T3-O = 18 du/ac max. 4 D ' M City of Miami Page 9 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16869 Enactment Number: 14354 BUILDING SETBACK a. Principa120 ft. min. Front b. Secondary Front c. Side 10 ft. min. 5 ft. min. 20% Lot Width total min. in aaareciate, (10% Lot Width min. for Lots with only one (1) side) and a 5ft min. per side. d. Rear 20 ft. min. OUTBUILDING PLACEMENT Comer Lot Interior Lot let ►4 ►41 L u LaYef 3rd 1st LaYer 2nd & 3rd laYer OUTBUILDING SETBACK (T3-L ONLY) a. Principal Front 20 ft. min. b. Secondary Front 10 ft. min. c. Side d. Rear 5 ft. min. 5 ft. min. City of Miami Page 10 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16869 Enactment Number: 14354 BUILDING (PARKING PLACEMENT CONFIGURATION FRONTAGE a. Common Lawn permitted b. Porch & Fence permitted Comet Lot c. Terrace or L.0 permitted d. Forecourt permitted e. Stoop f. 7hopfront . Gallery h. Arcade prohibited prohibited prohibited prohibited Interior Lot Comer Lot Interior Lot 10 min. N 20' min. 1 ►i 1st 2nd 3rd LEW LaYer L 1st LaYer ' 3rd 5' min. II►-L L 10' min. 15' min. 3 %—m x- 160% max. ; . 5' min. J-- 1 , ----I `.; i 1 �I 5 min.i "A i 1st 2nd Layer Layer 3rd Layer ► 1st Layer 2nd & 3rd Layer rea City of Miami Page 11 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16869 Enactment Number: 14354 BUILDING HEIGHT BUILDING HEIGHT a. Principal Building 2 Stories and 25 ft. to eave max. 2 Stories b. and 25 ft. Outbuildingto eave max. PARKING Facade Width �T3-R & 3-L 30% max. T3-O 160% max. Section 6. Article 7 of the Miami 21 Code is hereby amended in the following particulars:1 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1 PROCEDURES 7.1.2 Permits 7.1.2.5 Waiver 6. Recerved. Additional height for raised decks where there is an atypical geographical elevation change (Article 5, Section 5.3.1.g). Section 7. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective ten (10) days after the adoption thereof.2 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. 0 City of Miami Page 12 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16869 Enactment Number. 14354 APPROVED AS TO FORM AND CORRECTNESS: Wy ng III, C y 'tor y 12/2/2024 Wy 1 ng III, C y or =y 3/7/2025 co City of Miami Page 13 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025 City of Miami Legislation Ordinance Enactment Number File Number: 16869 SUBSTITUTED AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, TH ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AM • ED, MORE PARTICULARLY BY AMENDING ARTICLE 1, TITLED "D INITIONS," TO ADD A DEFINITION OF PORTICO; AMENDING ARTIC 3, TITLED "GENERAL TO ZONES," TO CLARIFY THE BUILDIN r, AND STRUCTURE HEIGHTS IN THE "T3" SUB -URBAN TRANSECT Zr ES AND FLOOR AREA FOR INTERMEDIATE LEVELS; AMENDIN ' ARTICLE 4, TITLED "STANDARDS AND TABLES," TO UPDATE S :ACK REQUIREMENTS FOR INGRESS CONTROL DEVICES; AMEN ► NG ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO UPDATE AND IMPLIFY REGULATIONS RELATED TO SINGLE FAMILY AND TW ' -FAMILY HOMES IN THE "T3" SUB -URBAN TRANSECT ZONES; AN ' MENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFOR TIES," TO PROVIDE A WAIVER FOR RAISED DECKS; MAKING FI • INGS; CONTAINING A SEVERABILITY CLAUSE; AND P' OVIDING FOR AN EFFECTIVE OATE.0 City Hall 3500 Pan Ameican Dri Miami, FL 33133 www.miamigov. Final Act' - n Date: 171 WHEREAS, on October 22, 200• the Miami City Commission adopted Ordinance,lo. f'ri 13114 as the Zoning Ordinance of the ity of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, the addition •f a Portico definition will provide opportunity for a new architectural element on Build' g Facades and support the existing definition and architectural distinction of a Porch; and WHEREAS, the iami 21 Code includes requirements for Driveways, Setbacks, and Height calculations fo : evelopments within the "T3" Sub -Urban Transect Zones; and WHEREA', on March 9, 2023, the City Commission adopted Ordinance No. 14159 to simplify Drivew- regulations in the "T3" Sub -Urban Transect Zone; and WH . - EAS, an amendment is necessary to increase Driveway design options available to existin • esidences, duplex projects and other residences; and HEREAS, the Miami 21 Code will benefit from clarifications of the maximum Height of gro d-floor Story of principal Buildings within the "T3" Sub -Urban Transect Zone and of raised d - ks located within the rear of "T3" Sub -Urban Transect Zone properties; and WHEREAS, opportunity exists to clarify the Freeboard regulations within the "T3" Sub - Urban Transect Zone without increasing the existing overall Height limits of a 73" Sub -Urban Transect Zone property; and City of Miami File ID: 16869 (Revision:) Printed On: 2/4/2025 SUBSTITUTED WHEREAS, on October 26, 2023, the City Commission adopted Ordinance No. 14228, providing for increased floor elevation for properties in the "T3" Sub -Urban Transect Zone to promote resilience and flood protection; and WHEREAS, to preserve the scale and character of these "T3" Sub -Urban Transect e neighborhoods and to streamline the interpretation of the Miami 21 Code, a minor amend ' - nt will benefit the sections affected by Ordinance No. 14228; and WHEREAS, the Miami 21 Code will benefit from additional detail and the ref language regarding Height and disposition of Fences and walls within the First, S Third Layers of the 73" Sub -Urban Transect Zone; and atting of nd, and WHEREAS, amendments are necessary to provide additional flexibi ' to site improvement regulations relating to parking within the "T3" Sub -Urban Tr sect Zone; and WHEREAS, additional flexibility shall be provided to Encroach ' ents to the rear of "T3" Sub -Urban Transect Zone properties in order to be consistent with ' - existing Encroachment allowances at the front and sides; and WHEREAS, the Miami 21 Code will benefit from clear: First Layer design requirements and regulations of artificial turf or gravel use; and WHEREAS, certain properties require atypical • •graphical elevation changes; and WHEREAS, an additional Waiver is necess- to allow additional height for raised decks where there is an atypical geographical elevation ange; and WHEREAS, on October 16, 2024, at - .uly notice public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered th - iami 21 Code text amendment, item PZAB.7, and passed PZAB-R-24-067, recommending . • prove!, by a vote of ten to zero (10-0); and WHEREAS, the City Commis • n has considered whether the proposed text amendments will further the goals, ' • jectives, and policies of the Miami Comprehensive Neighborhood P - ("MCNP"), the Miami 21 Code, and other City &Miami' regulations; and WHEREAS, the Ci ommission has considered the need and justification for the proposed text amen • ' ent, including changed or changing conditions that make the passage of the propos= • text amendment necessary; NOW, THE FORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORID Sect i 1. The recitals and findings contained in the Preamble to this Ordinance are adopted b eference and incorporated as if fully set forth in this Section. ection 2. Article 1 of the Miami 21 Code is hereby amended in the following parti. i lars:1 "ARTICLE 1. DEFINITIONS 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 ID: 16869 (Revision:) Printed On: 2/4/2025 SUBSTITUTED 1.2 DEFINITIONS OF TERMS Porch: An open air room appended to a Building, with floor and roof but no walls on the . ides facing Frontages. Portico: An open-air structure consisting of a roof supported by columns or piers at forms the entrance to a building. * * *n Section 3. Article 3 of the Miami 21 Code is hereby amended in e following particulars:1 'ARTICLE 3. GENERAL TO ZONE * * * 3.5 MEASUREMENT OF HEIGHT 3.5.1 Unless otherwise specified herein, the Heig The height of Fencesfand walls and Structures s Buildings, Structures. Fences and walls shall b or, where no sidewalk exists, the average of Abutting the Principal Frontage of the Build' provided however where Section 20-3 (1 adjacent street, that higher future eleva Elevation, as established by FEMA, elevations, the total Height of the B measured from the Base Flood 3.5.2 co f Buildings shall be measured in Staff tes. I be measured in feet. The Height of ry easured from the Average Sidewalk Elevation record profile grade elevation of the street , as determined by the Public Works Department, of the City Code defines a higher elevation of the n shall control. In the event that the Base Flood s Freeboard, is higher than the sidewalk or grade ding but not the height of Fences and walls shall be vation plus Freeboard. a. For all Transe Zones: i_ A Story ' a Habitable level within a Building with a maximum Height of fourteen (14) f- from finished floor to finished floor. ii. Bas ents are not considered Stories for the purposes of determining Building H : • ht. b. F. specific Transect Zones. except the T3 Transect Zone: A ground -level Story may exceed this limit up to a total height of twenty-five (25) feet, and ii. A a -top-level Story in the T5, T6 Transect Zone may exceed this limit up to a total height of twenty-eight (28) feet and count as one (1) Story, if the Building Height does not exceed the maximum Building Height including all applicable bonuses allowed by the transect at fourteen (14) feet per floor and twenty-five (25) feet at the ground level. iii. A ground -level Story may exceed fourteen (14) feet up to a total height of thirty (30) feet when located in the Special Flood Hazard Area, given that the finished floor of the ground level meets the Average Sidewalk Elevation. City of Miami File ID: 16869 (Revision:) Printed On: 2/4/2025 7,1 SUBSTITUTED iv. A single floor level exceeding fourteen (14) feet or twenty-five (25) feet at ground level (or thirty (30) feet at ground level within the Special Flood Hazard Area), shall be counted as two (2) Stories; except for T6-36, T6-48, T6-60, T6-80, and D1, where a single floor level exceeding fourteen (14) feet may count as one (1 story if the Building Height does not exceed the maximum height, including all applicable bonuses, allowed by the transect at fourteen (14) feet per floor. v. The first two cteriesStories' total combined Height shall not exceed thirty- (39) feet or forty-four (44) feet in the Special Flood Hazard Area). vi. The first floor shall be a minimum of fourteen (14) feet in Height, or nu teen (19) feet in the Special Flood Hazard Area. vii. Intermediate Levels may not exceed thirty-three percent (33%) of a labitable Space Floor Area, except in the D1, where Intermediate Levels ' ay not exceed fifty percent (50%) of the Habitable -Space Floor Area. Interm - late Levels extending beyond thirty-three percent (33%) of the Floor Ar:: , or fifty percent (50%) of the Floor Area in D1, shall be counted as an ad. onal floor. viii. The Height of a Parking Structure concealed by a Liner ay be equal to the Height of the Liner; this may result in a Liner Story co, •«-aling more than one level of Parking. * * *n Section 4. Article 4 of the Miami 21 Code is hereb - mended in the following particulars:' "ARTICLE 4. STANDAR AND TABLES TABLE 5 BUILDING FUNCTION: PARKIN ND LOADING OFF-STREET PARKING STA ' ARDS AN E P KING ACCESS Al E WIDTH ONE WAY TRAFFIC SINGLE LOADED ONE WAY TRAFFIC DOUBLE LOADED TWO WAY TRAFFIC DOUBLE LOADED • Driveways shall have a minimum of 10 feet of paved width of a one- way drive and 20 feet for a two-way drive for parking area providing 10 or more stalls. • Access Aisles shall provide a clear vehicular path of the specified dimensions that is unobstructed by columns, mechanical equipment, parking spaces, and any other encroachments. • Pedestrian Entrances shall be at least 3 feet from stall, driveway or access aisle. • Allowable slopes, paving, and drainage as per Florida Building Code. • Off-street Parking facilities shall have a minimum vertical clearance of 7 City of Miami File ID: 16869 (Revision:) Printed On: 2/4/2025 90 60 45 Parallel 22 ft 22 ft 22 ft 12.8 ft 11.8 ft 19.3 ft 10.8 ft 1 10ft 9.5 ft 18.5 ft 10ft 20 ft Standard stall: 8.5 ft x 18 ft minimum SUBSTITUTED feet. Where such a facility is to be used by trucks or loading Uses, the minimum clearance shall be 12 fe Residential and 15 feet Commer- al and Industrial. • Ingress vehicular control devi s shall be set ' = ck 20 feet in -Keen -from e Base Building Lin Said setback shall not a •ly to developments lo•:ted within a T3 Transect Zone at have a Floor Area of less an 25,000 sq. ft. • For require ' ents of parking lots, refer to Article ' and the City of Miami Off- street ' ; rking Guides and Stan. = rds. • No aiver from required Access Aisle dths shall be granted. Section 5. Article 5 of the Miami 21 Cod _ s hereby amended in the following particulars:1 5.3.1 Building Disposition "ARTICLE 5 PECIFIC TO ZONES 5.3 SU: RBAN TRANSECT ZONES (T3) * * * * * * g. Setbacks for 0 .uildings, pools, raised decks and associated steps, tennis Game eCourts or other similar re-ational facilities shall be as shown for Outbuildings in Illustration 5.3. Raised decks shall b: o more than two and one-half (2'/2) feet in Height. For Lots with an atypical geographi elevation change, decks may be raised an additional Height by process of Waiver. 5.3 Building Configuration (T3) * * * * * * b. Encroachments shall be allowed as follows: City of Miami File ID: 16869 (Revision:) Printed On: 2/4/2025 SUBSTITUTED 1. At the First Layer,_ a. sStairs may encroach up to eight (8) feet of the depth of the Setback. In the event an existing Building is raised in order to bring the finished floor elevation above the Base Flood Elevation plus Freeboard, stairs and ramps required fo vertical circulation may encroach one hundred percent (100%) of the Setbaby process of Waiver. b. Porticos shall be a minimum of three (3) feet deep and may encroach u - o six (6) feet of the depth of the Setback. Open Porches shall be at a mini • m seven ()six (6) feet deep and may encroach up to eight (8) feet of the de• of the Setback. antilevered portions of Awnings, b - • nies, bay windows and roofs shall be a maximum three (3) feet deep and ay encroach up to three (3) feet of the depth of the Setback. Other cantilever . portions of the Building shall maintain the required Setback. 2. At the Second and Third Layers;; a. Awnings, balconies, bay windows, chimneys, roofs = nd stairs may encroach up to fifty percent (50%) of the depth of the Side Se ack or three (3) feet, whichever is less. 3. At the Third Layer,; •. a. Awnings and canopies may encroach • to fifty percent (50%) of the depth Lot the Rrear Setback. b. Roofs, balconies, and stairs may : croach up to three (3) feet into the rear" Setback. `r o e. Building Heights shall be measured ' Stories and shall conform to Article 4, Tables 2 an'd be as shown in Illustration 5.3. The firs oor elevation of a Principal Building shall be a maximum of two and a half (2.5) feet above • ade, or Base Flood Elevation with a minimum of one (1) foot to a maximum of nine(9)five (5 -et of Freeboard, whichever is higher. A flat roof shall be a maximum of two Stories and : my -five (25) feet. A pitched roof shall be a maximum of twenty- five (25) feet to the eave an • hall not exceed ten (10) feet overall Height above the second Story. f. The first -floor eleva ' • n as regulated by 5.3.2.e may be increased a maximum of three-(3)four feet above that - eady allowed in this section, so long as the maximum height of the structure remains - twenty five (25) feet measured above the freeboard elevation allowed in this section. h. Fen s and walls shall conform to the following standards: 1. Within the First Laver, Fences and walls may be located up to and including the Frontage Lin . 2. Within the First Layer, the Height of #Fences and walls shall not exceed four (4) feet except aluminum or iron picket and post Fences with or without masonry posts shall not exceed six (6) feet. City of Miami File ID: 16869 (Revision:) Printed On: 2/4/2025 SUBSTITUTED 3. Within the First Laver, pickets shall have a maximum width of three (3) inches and a minimum clear separation of three (3) inches. 4. Within the Second and Third Layers, Fences and walls shall not exceed eight (8) fee 5. Posts shall not exceed a dimension of two (2) feet bv two (2) feet within the First Laver and shall have a minimum clear separation of five (5) feet, or three (3) feet minimum for pedestrian access, However, within the visibility triangle, posts sh not exceed a dimension of one (1) foot bv one (1) foot. • * * Y c=) C� G17 5.3.4 Parking Standards (T3) 0 oX rn d. Driveways within a Lot shall comply with the following standards: ro _ N 1. Driveway Widths — ry a. The maximum width of a driveway in the First L. :r shall be twenty (20) feet and the minimum width shall be ten (10) feet. b. In T3-R and T3-L, Axon Frontages with Tess an fifty-(50)forty-five (45) feet, driveways width(s) in the First Layer shall r •t exceed thirty percent (30%) of the length of the Frontage but in no case shit be less than ten (10) feet. c. In T3-O, driveway width(s) shall be lim' =d to twenty (20) feet in aggregate per Frontage. d. In T3-O, where an existing legal B ding prevents the required parkina from being placed in the Second Laver, the •aregate driveway width may be increased up to a maximum of forty (40) feet. S driveway shall utilize parking strips not to exceed two (2) feet in width. 2. Driveway Separation Twa ceparateln T3- separation b. In T3-O, there s :II and T3-L, driveways on a Frontage shall have a minimum istance of forty percent (40%) of the length of thethat Frontage. be no driveway separation requirement. e. Tandem Parking o site is encouraged. For Lots with one or more residential Buildings, there shall be no limitati• on the number of vehicles placed behind one another. No vehicle shall be placed above an, er unless internalized in a fully screened garage. 5.3.6 La , scape Standards (T3) a. inimum of one shade tree shall be planted within the First Layer for each fifty (50) feet of rontage Line. At the First Layer, pavement shall be limited as follows: Impervious pavement shall be limited to thirty percent (30%) of the area and pervious pavement shall be limited to sixty percent (60%) of the area; a combination of pervious and impervious pavement shall be limited to sixty percent (60%) of the area in the First Layer. c. Green Space shall be a minimum twenty-five (25%) of the Lot area. City of Miami File ID: 16869 (Revision:) Printed On: 2/4/2025 SUBSTITUTED d. The placement of gravel or artificial turf in the First Laver shall be prohibited. ILLUSTRATION 5.3 SUB -URBAN TRANSECT ZONES (T3) BUILDING DISPOSITION BUILDING PLACEMENT LOT OCCUPATION . Lot Area ,000 .f.min. Lot idth Oft min. c. Lot Coverage . Floor Lo Ratio FLR) Frontage t front etback Green pace g. Density City of Miami 0% max. rst floor 0% max. econd oor (T3- R & T3-L nly) N/A N/A 25% Lot Area min. T3-R=9 du/ac max. T3-L = 9 du/ac max. T3-O 18 • Jac m Comer Lot Interior Lot 4 20' min. 4 1st LaYer L 10' min. lat i 5 min 1 � r 20'mho File ID: 16869 (Revision:) Printed On: 2 4/2025 BUILDING SETBACK OUTBUILDING PLACEMENT a. Principal20 ft. min. Front b. Secondary Front c. Side d. Rear 10 ft. min. 5 ft. min. 20% Lot Cort�er Width total -min. in = aagreciate (10% Lot Width Interior Lit min. for Lots with only one (1) side) and a 5ft min. per side. 20 ft. min. OUTBUILDING SETBACK (T3-L ONLY) a. Principal20 ft. min. Front b. Secondary 10 ft. min. Front c. Side d. Rear SUBSTITUTED 10' rain. 4 201 min. 1st 2nd 3rd L p 5 ft. min. 5 I l min. Di min • 11 Yer 2nd & 3rd L City of Miami File ID: 16869 (Revision:) Printed On: 2/4/2025 SUBSTITUTED BUILDING PARKING PLACEMENT CONFIGURATION FRONTAGE Common permitted Lawn b. Porch &'permitted Fence Terrace permitted r L.0 d. Forecourt permitted e. Stoop prohibited prohibited f. Shopfront g. Gallery h. Arcade prohibited Caner Lot Interior Lot Comer Lot prohibited Interior I.ot (. 1 igp 101 min. If 217 min. ►41 ►t 1st 2nd LaYer Le 10' min, 14 15' m,n. 30% maxi' 60% max. i . , 5' min. 4 ►4 ►4 1st 2nd 3rd Layer Layer Layer i II II 411311144: I st Layer 2nd & 3rd Layer 1st Layer 2nd & 3rd Layer xv Co City of Miami File ID: 16869 (Revision:) Printed On: 2/4/2025 BUILDING HEIGHT BUILDING HEIGHT 2 Stories a. Principal and 25 ft. Building to eave max. 2 Stories b. and 25 ft. Outbuildingto eave max. PARKING Facade Width T3-R & T3-L 30% max. T3-O 60% max. Mac. Height 2 * * *" SUBSTITUTED T 2 1 • Section 6. Article 7 of the Miami 21 Code is hereby a ' - nded in the following particulars:' "ARTICLE 7. PROCEDURES AND • NCONFORMITIES 7,1 PROCE ' 4 RES "?c.re co f. 7.1.2 Permits ,a r rV " rr N 7.1.2.5 Waiver * 6. Reserved -Additional he' t for raised decks where there is an atypical geographical elevation change (Article •, Section 5.3.1.q). Section 7 f any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is • tared invalid, the remaining provisions of this Ordinance shall not be affected. Se ► on 5. This Ordinance shall become effective ten (10) days after the adoption thereof.2 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 Mland File ID: 16869 (Revision:) Printed On: 2/4/2025 SUBSTITUTED APPROVED AS TO FORM AND CORRECTNESS: City of Miami File ID: 16869 (Revision:) Printed On: 2/4/2025