HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: George K. Wysong III, City Attorney"Q°"g&x. Vysor -rrr
DATE: March 7, 2025
RE: Ordinance No. 14354 —Zoning Text - T3 Misc. Updates and Clarifications
File No. 16869
At its February 13, 2025, meeting, the City Commission adopted the above -
referenced agenda item, PZ.2, amending Ordinance No. 13114, the Zoning Ordinance of the City
of Miami, Florida, as amended ("Miami 21 Code"), 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. The Legislation
inadvertently left out previously updated language in the Miami 21 Code related to ieighh of
walls and fences enclosing outdoor Game Courts. See below language with the advert tly
omitted language in bold.
* * * "t
h. Fences and walls shall conform to the following standards:
1. Within the First Layer, Fences and walls may be located up to and includilAIFie
Frontage Lin .
N
rU
2. Within the First Layer, the Height offences and walls shall not exceed four(4) feet
within the First r ayer, except aluminum or iron picket and post Fences with or without
masonry posts shall not exceed six (6) feet.
3. Within the First Layer, 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 by 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 by one (1) foot.
cog Go inn
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 the
minimum height, length and depth necessary to conceal them and mitigate
any ambient impacts.
*
The Legislation has been corrected and incremented to Revision A.
GKW/ALK/vja
Enclosure(s)
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City of Miami
Ordinance 14354
Legislation
File Number: 16869 Final Action Date: 2/13/2025
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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 frolic
time to time ("Miami 21 Code"); and ??
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
ra
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
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
Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City of Miami
regulations; andb
WHEREAS, the City Commission has considered the need and justification for
the proposed text amendment, including changed or changing conditions that make the
passage of the proposed text amendment necessary;
-v
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA: r`a
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 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
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
File 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.
particulars:1 ='
"ARTICLE 4. STANDARDS AND TABLES
TABLE 5 BUILDING FUNCTION: PARKING AND LOADING
*
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
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
11.8 ft
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
* *n
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.
Section 5. Article 5 of the Miami 21 Code is hereby amended in the following
particulars:1
(71
"ARTICLE 5. SPECIFIC TO ZONES
* * f
5.3 SUB -URBAN TRANSECT ZONES (T3)
5.3.1 Building Disposition (T3)
*
*
w
City of Miami Page 5 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025
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.
<73
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ti
'gam a. Awnings, balconies, bay windows, chimneys, roofs and stairs may encioachu.ip 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
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
* * `� ••
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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{58)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
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. '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 , Comer Ld
m
0
3UILDING PLACEMENT
Interior Lot
10' min.
a 27mli.
I I
2lx mIno 14
'13; S min.T i
t-
Smt I14
let 2nd 3rd
1sit
LAW
2nd & 3rd
LaYer
City of Miami Page 8 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025
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.
)
C')
:71
t"1:1
0
rn
D
City of Miami Page 9 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025
FIIe 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
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
1st ►� 2nd ►� 3rd
LEW L
Law
1st
LaYer
' 3rd
5' min. II►-L
L
10' min.
15' min.
3 %—m x- 160% max. ; . 5' min.
J.
11
----I `.;
1
�
45 min
I
"A i
1st 2nd
Layer Layer
3rd
Layer
►
1st
Layer
2nd & 3rd
Layer
City of Miami Page 11 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025
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
File ID: 16869
Enactment Number. 14354
APPROVED AS TO FORM AND CORRECTNESS:
ge .WysngIII, C
y
ttor
12/2/2024 a ge Wy ng III, C
y
ttor -v 3/7/2025
73
City of Miami Page 13 of 13 File ID: 16869 (Revision: A) Printed on: 3/13/2025
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 16869
Final Action Date:
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 `J,+
"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 Ordinancg.�lo.
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 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 File ID: 16869 (Revision:) Printed On: 2/4/2025
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 73" 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
Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City &Miami-
regulations; and
WHEREAS, the City Commission has considered 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 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
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.
* * *n
Section 3. Article 3 of the Miami 21 Code is hereby amended in the following
particulars:1
"ARTICLE 3. GENERAL TO ZONES
* * *
3.5 MEASUREMENT OF HEIGHT
3.5.1 Unless otherwise specified herein, the Height of Buildings shall be measured in Staff tes.
The height of Fencesfand walls and Structures shall be measured in feet. The Height of ry
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.
3.5.2
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, 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
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-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.
* * *n
Section 4. Article 4 of the Miami 21 Code is hereby amended in the following
particulars:'
"ARTICLE 4. STANDARDS AND TABLES
TABLE 5 BUILDING FUNCTION: PARKING AND LOADING
* * *
OFF-STREET PARKING STANDARDS
ANGLE
PARKING
ACCESS AISLE WIDTH
ONE ONE TWO
WAY WAY WAY
TRAFFIC TRAFFIC TRAFFIC
SINGLE DOUBLE DOUBLE
LOADED LOADED 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
22 ft
60
22 ft
12.8 ft
45
10.8 ft
11.8 ft
22 ft
19.3 ft
9.5 ft
18.5 ft
Parallel
10ft
10ft
20 ft
Standard stall: 8.5 ft x 18 ft minimum
L
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 IeRgth-taetween`from the Base
Building Line -and -dispenser. Said
setback shall not apply to
developments located within a T3
Transect Zone that have a Floor
Area of less than 25,000 sg. 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.
* • *n
Section 5. Article 5 of the Miami 21 Code is hereby amended in the following
particulars:1
"ARTICLE 5. SPECIFIC TO ZONES
* * *
5.3 SUB -URBAN TRANSECT ZONES (T3)
5.3.1 Building Disposition (T3)
* * *
* * *
g. Setbacks for Outbuildings, pools, raised decks and associated steps, tennis Game eCourts 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'/2) feet in Height. For Lots with an atypical
geographical elevation change, decks may be raised an additional Height by process of Waiver.
5.3.2 Building Configuration (T3)
* * *
* * *
b. Encroachments shall be allowed as follows:
City of Miami File ID: 16869 (Revision:) Printed On: 2/4/2025
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
()six (6) feet deep and may encroach up to eight (8) feet of the depth of the
Setback. antilevered portions of Awnings, balconies, bay
windows and roofs shall be a maximum three (3) feet deep and may encroach up
to three (3) feet of the depth of the Setback. Other cantilevered portions of the
Building shall maintain the required Setback.
2. At the Second and Third Layers;;
a. Awnings, balconies, bay windows, chimneys, roofs and stairs may encroach up
to fifty percent (50%) of the depth of the Side Setback or three (3) feet, whichever
is less.
3. At the Third Layer,;
•.
a. Awnings and canopies may encroach up to fifty percent (50%) of the depth tthe
Rrear Setback.
b. Roofs, balconies, and stairs may encroach up to three (3) feet into the rear'
Setback.
.: .
"` •.i i i
e. Building Heights shall be measured in Stories and shall conform to Article 4, Tables 2 an'd 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 nine-(9)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.
f. The first -floor elevation as regulated by 5.3.2.e may be increased a maximum of three-(3)four
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 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
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.
*
5.3.4 Parking Standards (T3)
r�r
Privi
d. Driveways within a Lot shall comply with the following standards: �-=s
1. Driveway Widths r9
r-
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, Axon Frontages with Tess than fifty-(50)forty-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 Tess than ten (10) feet.
c. In T3-O, driveway width(s) shall be limited to twenty (20) feet in aggregate per
Frontage.
d. In T3-O, where an existing legal Building prevents the required parkina 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. Twe-sepafateln T3-R and T3-L, driveways on a Frontage shall have a minimum
separation equal-tedistance 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 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
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
LOT OCCUPATION
000
a. Lot Area '
b. Lot
0 ft min.
Width
c. Lot
Coverage
0% max.
rst floor
0% max.
Isecond
floor (T3-
R & T3-L
only)
d. Floor Lot
Ratio N/A
(FLR)
e.
Frontage
at front
Setback
f. Green
Space
g. Density
25% Lot
Area min.
T3-R = 9
u/ac
max.
T3-L = 9
Idu/ac
max.
T3-0 =
18 du/ac
max.
d
N/A
BUILDING PLACEMENT
Comer Lot
Inieriorld
r
i
!
0.
! joi0' 2mn.
T\ 5' mh 11;1
1
_....,——:
!
IP 20 min. !di
! i
- - 5min. i
101min.
1st 2nd
LaYer L
3rd
L
1st
*sr
2nd & 3rd
*sr
0
m
City of Miami
File SD: 16869 (Revision:) Printed On: 2/4/2025
BUILDING
SETBACK
OUTBUILDING PLACEMENT
a. Principal
Front
b.
Secondary
Front
c. Side
20 ft. min.
10 ft. min.
5 ft. min.
20% Lot
Width
tetai-min.
in
aagregate
(10% Lot
Width
min. for
Lots with
only one
(1) side)
and a 5ft
min. per
side.
d. Rear 20 ft. min.
OUTBUILDING
SETBACK (T3-L
ONLY)
a. Principal20 ft. min.
Front
b.
Secondary 10 ft. min.
Front
c. Side
d. Rear
5 ft. min.
5 ft. min.
Comer Lot
Interior Lot
1
4
10' min, 1ffi
2nd&3rd
5' min � L
20' min. i
i
1st 2nd 3rd
LaYer
00
.s_a„t gyp, n.•
c• r\)
r\)
N
City of Miami File ID: 16869 (Revision:) Printed On: 2/4/2025
BUILDING
CONFIGURATION
FRONTAGE
PARKING PLACEMENT
Common permitted
Lawn
b. Porch & Corner Lot
Fence permitted
. Terrace r L.0 permitted
•
. Arcade prohibited
Comer Lot
Interior tot
1
1st 2nd 3rd
L L LaYer
I 10' min,
I I
I 15' m,n.
L30% maxi, GO% max. i r:, 5' min.
1-------' -—..-------Aii 1 1--
I , • I
1 1
I I II
I 4. 5 ....i31 ill.4
4 ►4 ►4
1st 2nd
Layer Layer
3rd
Layer
1st
Layer
2nd & 3rd
Layer
c`a
1
co
City of Miami File ID: 16869 (Revision:) Printed On: 2/4/2025
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.
BUILDING HEIGHT
Max.
Height
^%`
2
1
TflTfl
_— Max.
eight
Section 6. Article 7 of the Miami 21 Code is hereby amended in the following
particulars:'
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7,1 PROCEDURES
*
co
7.1.2 Permits
7,1.2.5 Waiver
*
*
w
rr
6. Reserved -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.
City of Mland File ID: 16869 (Revision:) Printed On: 2/4/2025
APPROVED AS TO FORM AND CORRECTNESS:
11Ky. 12/2/2024
City of Miami File ID: 16869 (Revision:) Printed On: 2/4/2025