HomeMy WebLinkAboutO-14389City of Miami
Ordinance 14389
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17651 Final Action Date: 7/24/2025
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"), BY AMENDING ARTICLE 4,
TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING," TO MODIFY FOOD
SERVICE ESTABLISHMENTS PATRON LIMITATION; FURTHER AMENDING
ARTICLE 5, SECTION 5.4, TITLED "GENERAL URBAN TRANSECT ZONES
(T4)," TO INTRODUCE A FLEXIBLE LOT COVERAGE PROGRAM, TO ADJUST
THE MAXIMUM LOT AREA, TO UPDATE ROOF ELEMENTS STANDARDS,
AND TO MODIFY SIDE AND REAR SETBACKS; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Commissioner Damian Pardo, Commissioner Christine King
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time
("Miami 21 Code"); and
WHEREAS, the City of Miami ("City") finds that an amendment to the Miami 21 Code is
necessary to recalibrate side and rear setbacks for developments within the "T4," General
Urban Transect Zone, when abutting higher intensity Transect Zones; and
WHEREAS, the "T4," General Urban Transect Zone, is intended to provide medium -
density housing including a range of house -scale buildings with multiple units such as duplexes,
fourplexes, cottage courts, and multiplexes, compatible in scale and form with detached single-
family homes, and integrated seamlessly into existing residential neighborhoods to support
walkability, serve local retail, and public transportation options; and
WHEREAS, the Miami 21 Code incorporates regulations pertaining to setbacks and
scale that ensure that developments within the "T4," General Urban Transect Zone, are
designed to be compatible with abutting single-family neighborhoods of "T3," Sub -Urban
Transect Zones; and
WHEREAS, in order to incentivize and encourage the development of the "T4," General
Urban Transect, an amendment is necessary to allow flexibilities in Lot Area and setbacks to
promote efficient building design when abutting a higher Transect Zone; and
WHEREAS, in order to facilitate neighborhood restaurants within the "T4," General
Urban Transect Zone, an amendment is necessary to remove maximum limitations on patrons
for Food Service Establishments, when such establishments are already regulated by Lot Area
and Lot Coverage standards; and
WHEREAS, this Miami 21 Code text amendment supports the Miami Comprehensive
Neighborhood Plan ("MCNP") Land Use Policy LU-1.3.14 to continue to enforce urban design
City of Miami Page 1 of 10 File ID: 17651 (Revision:) Printed On: 8/26/2025
File ID: 17651 Enactment Number: 14389
guidelines for public and private projects which shall be consistent with neighborhood character,
history, and function, and shall be in accordance with the neighborhood design and
development standards adopted as a result of the amendments to the City's land development
regulations and other initiatives; and
WHEREAS, on June 4, 2025, at duly noticed public meeting, the Planning, Zoning and
Appeals Board ("PZAB") considered the Miami 21 Code text amendment, item PZAB.2, and
passed PZAB-R-25-033, recommended approval with additional study, by a vote of ten - zero
(10-0); and
WHEREAS, the PZAB recommended that staff further study and consider a zero foot (0')
setback for properties zoned T5 or T6 that abut properties zoned T4; and, allowing properties
zoned T4 to have restaurants on the second floor for adaptive reuse projects; and
WHEREAS, consideration has been given to the relationship of this proposed
amendment to the goals, objectives and policies of the MCNP, with appropriate consideration as
to whether the proposed change will further the goals, objectives and policies of the MCNP, the
Miami 21 Code, and other City regulations; and
WHEREAS, consideration has been given to the need and justification for the proposed
change, including changed or changing conditions that make the passage of the proposed
change necessary; and
WHEREAS, after careful consideration of this matter, it is deemed it advisable and in the
best interest of the general welfare of the City and its inhabitants to amend the Miami 21 Code
as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Article 4 of the Miami 21 Code, titled "Standards and Tables," is hereby
amended in the following particulars:1
"ARTICLE 4. STANDARDS AND TABLES
TABLE 4 DENSITY, INTENSITY AND PARKING (T4)
RESTRICTED
LIMITED
OPEN
DENSITY
(UPA)
36 UNITS
PER ACRE
36 UNITS
PER ACRE
36 UNITS
PER ACRE
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures hall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material, including graphics. The graphics stricken through shall be deleted and the graphics
outlined in a dashed line shall be added.
City of Miami
Page 2 of 10 File ID: 17651 (Revision:) Printed on: 8/26/2025
File ID: 17651
Enactment Number: 14389
COMMERCIA
L
Commercial
Uses are permissible
as listed in Table 3,
limited by compliance
with:
• Limited to the
first Story of the
Principal Building or
Accessory Structure;
• Office and
Commercial Uses
shall be less than
50% Building floor
area total.
• A maximum
area of 4,000 square
feet per
establishment.
• Food
establishments of a
Commercial
Uses are permissible
as listed in Table 3,
limited by compliance
with:
• A maximum
area of 4,000 square
feet per
establishment.
• Food
octablishments of a
maximum seating
capacity of /10
patrons.
• Minimum of 3
parking spaces for
every 1,000 square
feet of commercial
use.
• Minimum of
one Bike space for
maximum seating
capacity of /10
c✓ery 20 vehicular
spaces required
patrons.
• Minimum of 3
parking spaces for
every 1,000 square
feet of commercial
use.
• Parking
requirement may be
reduced according to
the Shared parking
standard, Article 4,
Table 5.
• Minimum of 1
Bicycle Rack Space
for every 20 vehicular
spaces required.
• Except for
sites within 500 feet of
an ungated T3
(before any
reductions).
• Parking
requirement may be
reduced according to
the Shared parking
standard, Article 4,
Table 5.
• Minimum of 1
Bicycle Rack Space
for every 20 vehicular
spaces required.
• Except for
sites within 500 feet of
an ungated T3
Transect Zone, the
parking ratio may be
reduced within a TOD
area or within a
City of Miami
Page 3 of 10 File ID: 17651 (Revision:) Printed on: 8/26/2025
File ID: 17651
Enactment Number: 14389
Transect Zone, the
parking ratio may be
reduced within a TOD
area or within a
Transit Corridor area
by up to thirty percent
(30%) by process of
Exception with City
Commission
approval;** by up to
fifty percent (50%) by
process of Exception
with City Commission
approval and payment
into a transit
enhancement Trust
Fund, as established
by Chapter 35 of the
City Code;** or by one
hundred percent
(100%) for any
Structure with a Floor
Area of ten thousand
(10,000) square feet
or less by process of
Exception with City
Commission
approval.***
Transit Corridor area
by up to thirty percent
(30%) by process of
Exception with City
Commission
approval;** by up to
fifty percent (50%) by
process of Exception
with City Commission
approval and payment
into a transit
enhancement Trust
Fund, as established
by Chapter 35 of the
City Code;** or by one
hundred percent
(100%) for any
Structure with a Floor
Area of ten thousand
(10,000) square feet
or less by process of
Exception with City
Commission
approval.***
* * *
*„
Section 3. Article 5 of the Miami 21 Code, titled "Specific to Zones," is hereby amended
in the following particulars:1
"ARTICLE 5. SPECIFIC TO ZONES
5.4. GENERAL URBAN TRANSECT ZONES (T4)
5.4.1 BUILDING DISPOSITION (T4)
a. Newly platted Lots shall be dimensioned according to Illustration 5.4.
b. Lot Coverage by any Building shall not exceed that shown in Illustration 5.4.
Additional Lot Coverage may be approved, except when Abutting a T3 Transect
Zone, pursuant to the Flexible Lot Coverage Program up to seventy percent (70%) if
the proposed Development satisfies at least one (1) of the following conditions:
1. Open Space provided in addition to that required by the underlying Transect
City of Miami Page 4 of 10 File ID: 17651 (Revision:) Printed on: 8/26/2025
File ID: 17651 Enactment Number: 14389
Zone as follows:
i. On -site: Open Space shall be provided in an amount equal to the
additional Lot Coverage obtained. Said Open Space shall be usable
and designed in accordance with Article 4, Table 7 and may be
private or open to the public.
ii. Off -site: A Civic Space shall be provided in an amount equal to one
and one-half (1.5) times the additional Lot Coverage obtained. Said
Civic Space shall be designed in accordance with Article 4, Table 7
and located in an area of need identified by the City Parks and
Open Space Master Plan and the City's Parks Department.
2. A cash contribution to the Miami 21 Public Benefits Trust Fund, or authorized
program account, equal to one and one-half (1.5) times the Development's
Floor Area obtained by increased Lot Coverage on a square foot basis. The
value of this cash contribution shall follow the provisions described in Section
3.14.4(b)(3).
c. A Building shall be disposed in relation to the boundaries of its Lot according to
Illustration 5.4.
d. One Principal Building at the Frontage, and one Outbuilding to the rear of the
Principal Building, may be built on each Lot as shown in Article 4, Table 8. The
Outbuilding shall be separated from the Principal Building by a minimum of ten (10)
feet.
e. Setbacks for Principal Buildings shall be as shown in Illustration 5.4. Setbacks may
otherwise be adjusted by Waiver by no more than ten percent (10%) except for
Waivers to preserve Natural Features pursuant to Section 3.13.1(d), for irregular lots
pursuant to Section 3.3.3(c), and for alterations and additions to existing non-
conforming Single -Family Residences and Two -Family Residence pursuant to
Section 7.2.3(a)(3). Where a Lot to be developed Abuts a Lot containing an existing
legal Structure other than a Sign, a Waiver may be granted so the proposed
Structure matches the ground level dominant Setback of the Block Face and its
Context. Where a Lot to be developed proposes a one (1) or two (2) Story Building
and Abuts a Lot containing an existing legal Building, an Exception may be granted
so that the proposed Building matches the ground level dominant Setback of the
Block Face and its Context.
f. Facades shall be built parallel to a rectilinear Principal Frontage Line or parallel to
the tangent of a curved Principal Frontage Line, for a minimum fifty percent (50%) of
its length.
The Setbacks for Outbuildings, pools, tennis courts or other similar recreational
facilities shall be as shown for Outbuildings in Illustration 5.4.
h. Accessory Structures shall follow the setbacks for Principal Buildings as shown in
Illustration 5.4. One (1) Story, non -habitable Accessory Structures, of a maximum of
two hundred (200) square feet or ten (10%) of the Floor Area of the Principal
Building, whichever is greater, shall be located in the Second or Third layer of the
property and shall be setback a minimum of five (5) feet from any side Property Line
and ten (10) feet from any rear Property Line.
i. Developments shall comply with maximum Lot Area standards established in
Illustration 5.4. Developments may exceed maximum Lot Area by up to thirty percent
g.
City of Miami Page 5 of 10 File ID: 17651 (Revision:) Printed on: 8/26/2025
File ID: 17651 Enactment Number: 14389
(30%), by process of Warrant, when all the following design standards are met:
1 Facades on Primary and Secondary Frontages shall include architectural
elements that emphasize vertical articulation and break up the Facade,
including but not limited to changes in Facade depth, materiality, window
fenestration, or columns.
2. For Facades on Primary and Secondary Frontages longer than 200 feet in
length, development shall provide physical breaks with one or more of the
following options:
i. a Paseo of a minimum ten (10) feet in width and twelve (12) feet in
height, which may be covered and/or private
ii. an Open Space of a minimum twelve (12) feet in width, which may be
private
3. Pedestrian Entrances on Primary Frontages shall be no less than every one
hundred (100) linear feet of Facade. No Waivers offered elsewhere in this
Code shall be applied to this provision;
4. Driveways shall be limited to a maximum aggregate of fifty feet (50') per
Development;
5. Native specimen street trees shall be provided with a DBH twenty-five
percent (25%) greater than the standards required by the Miami 21 Zoning
Code and Chapter 17 of the City Code; and
6. Notwithstanding the above, Developments that exceed Lot Area by twenty
percent (20%) or greater shall incorporate at least one of the following:
i. A Civic Space Type that complies with all the following standards:
a. Minimum five percent (5%) of the Lot Area; and
b. Located so that it provides a physical break in the building
massing.
ii. Enhanced streetscape design for that entire Frontage of the
development, that provides all of the following elements above the
standard Right -of -Way improvements per the City Code:
a. hardscape materials;
b. landscape;
c. furnishings; and
d. lighting.
5.4.2 BUILDING CONFIGURATION (T4)
g.
g.
Mechanical equipment on a roof shall be enclosed by parapets of the minimum
Height necessary to conceal i} and a maximum Height of five (5) feet Other
ornamental Building features may extend up to five (5) feet above the maximum
Building Height. Roof decks shall be permitted up to the maximum Hcight. Trclliscs
may extend above the maximum Height up to eight (8) feet. Extensions up to ten
{10) feet above the maximum Height for a stair, elevator or mechanical enclosure
shall be limited to twenty (20%) of the roof area, unless approved by process of
Waiver.
Roof elements shall be permitted as follows:
1. Mechanical equipment on a roof shall be visually concealed from ground -
City of Miami Page 6 of 10 File ID: 17651 (Revision:) Printed on: 8/26/2025
File ID: 17651 Enactment Number: 14389
level and lateral views by parapets or screens of the minimum Height
necessary but said parapets and screens shall not exceed ten (10) feet.
2. Ornamental Building features, decorative elements, or similar Structures on a
roof may extend up to eight (8) feet in height.
3. Trellises and fabric shade structures on a roof may extend up to twelve (12)
feet in height.
4. Stair and elevator enclosures may extend up to fourteen (14) feet in height.
5. Non -Habitable Rooms on a roof may extend up to ten (10) feet in height and
shall have a minimum setback of ten (10) feet from the Building Facades.
6. Non -Habitable void space on a roof accommodating the depth of swimming
pools; landscaping; decks; Extensive, Semi -Intensive, and Intensive Green
Roof systems; transfer beams and other structural elements; and/or
mechanical systems may extend up to six (6) feet in height. For the purposes
of this subsection only, other permitted roof elements may extend above the
vertical extent of the void space for the additional height specified. Non -
Habitable void space may cover one hundred percent (100%) of the roof.
7. Non -Habitable Rooms, mechanical equipment, and stair and elevator
enclosures on a roof may cover up to twenty percent (20%) of the roof area.
8. All roof elements shall be designed to:
i. harmonize with the overall architectural intent of the building; and
ii. mitigate any negative visual impacts of the additional height and
massing on the roof.
9. All roof elements shall be designed and maintained to comply with Florida
Building Code including, where possible, the use of Notice of Acceptance
(NOA) products, and any vegetated roof system shall be independent of the
roof structure, to be verified by the Building Department.
ILLUSTRATION 5.4 GENERAL URBAN TRANSECT ZONES (T4)
BUILDING DISPOSITION
BUILDING PLACEMENT
LOT OCCUPATION
a. Lot Area
- With rear vehicular
access
5,000 s.f. min.;
2-40,000 s.f. max.
1,400 s.f. min.;
2-40,000 s.f. max.
b. Lot Width
- With rear vehicular
access
50 ft min.
16 ft min.
Corner Lot
Interior Lot
SecondaD' Front
lio' min. 0 min.►N
N. J4iOnin
►j-/ 10'
or.
@i
Er
cLi
1 O'FT 15' FT
►41-►
5' min.
0' min/
5' min
0 min.
-r
st Layer
2nd & 3rd
Layer
City of Miami
tst 2nd 3rd
Layer Layer Layer
File ID: 17651
Enactment Number: 14389
c. Lot Coverage
60% (70%*) max.
ABUTTING SIDE AND REAR T4/T5/T6
,S
nondal�tFnmt-------
16' min. i t st
comer Lot
15'
r ldmin.
iji0;
min. 2nd && 3rd
— -
1 d min. 20 min
4
Interior Lot
I 5' min. - — —-------
_ — — — —— 5'min.
_ 1
20 min.
I
d. Floor Lot Ratio
(FLR)
N/A
♦i._
i
dmin'
i
e. Frontage at front
Setback
50% min.
r
1st 2nd 3rd
Layer Layel Layer
ABUTTING SIDE AND REAR
T3
f. Open Space
15% Lot Area min.
g. Density
36 du/ac max.
BUILDING SETBACK
a. Principal Front
10 ft. min.
b. Secondary Front
10 ft. min.
0 ft. or 5 ft. min.
c. Side
Abutting a Setback
d. Abuttinq Side T3
5 ft. min.
GI, e. Rear
20 5 ft. min.
f. Abuttinq Rear T3
20 ft. min.
OUTBUILDING SETBACK
OUTBUILDING PLACEMENT
a. Principal Front
38 25 ft. min.
b. Secondary Front
10 ft. min.
_._._._._._._._.
i
10 min.
1 1st
c. Side
0 ft. or 5 ft. min.
Abutting a Setback
Comer Lot
,
2nd &3rd
�_
30 }min.�
5
_ ��_ __
►
_
y_
d. Rear
5 ft. min.
30 min.
Inferior Lot
------------- --- - min. 5'min.._
i
i
min. 5
ii
min. 1 i
=0'
1st 2nd 3rd
Layer Layer Layer
City of Miami Page 8 of 10 File ID: 17651 (Revision:) Printed on: 8/26/2025
File ID: 17651
Enactment Number: 14389
107m-n. .—.—.—'—. istLayer
Corner Lot
1
I01
_5' min2nd
I & 3rd
II }III
125'FT
25'FT Cr 1
J
I` Layer
Interior Lot
15'
min. —
I
•o
min-
5'min►1—1
1I
t t
I i
t--►t I4
1st 2nd 3rd
Layer Layer Layer
►
BUILDING CONFIGURATION
PARKING PLACEMENT
FRONTAGE
a. Common Lawn
permitted
1
_
i 1p min.
21
b. Porch & Fence
permitted
c. Terrace or L.0
permitted
Comer Lot
_
—
_
!
i—
— I
' 20'min
aKrret --, N—
I
'min. ►--41
T_ --r7
I
-2 3rd
Layer
d. Forecourt
permitted
Interior Lot
----- — --- -- �5'
min.
5
MI20' max.
0'
min. pi--r
+a
1st 2nd 3rd
Layer Layer Layer
.
I
Corner Lot----.
�I1
1.
30 % ma ,� 5'
---II \ i
min- M--V
I 'I 2nd & 3rd
Layer
Interior Lot
5 min.
7 ' — ' — ' — ' — 5min.
_ 1 _
'�
15' min.
0' min.
II
'' min-► L-d
1
4
t1
1 i
t-*1 ►
1st 2nd 3rd
Layer Layer Layer
e. Stoop
prohibited
f. Shopfront
permitted (T4-L and
City of Miami
Page 9 of 10 File ID: 17651 (Revision:) Printed on: 8/26/2025
File ID: 17651
Enactment Number: 14389
T4-O only)
g. Gallery
prohibited
BUILDING HEIGHT
h. Arcade
prohibited
m
NB5rt
I ,
/ x,
-
X— �i
Max.
BUILDING HEIGHT
3
a. Principal Building
maxories and 40 ft.
3 Stb.
2
2_
i Fki9hf
'
Outbuilding
2 Stories max.
1
J
* As modified through the Flexible Lot Coverage Program
*„
Section 4. It is the intention that the provisions of this Ordinance shall become and be
made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be
renumbered or relettered and that the word "ordinance" may be changed to "section", "article",
or other appropriate word to accomplish such intention.
Section 5. 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 6. This Ordinance shall become effective ten (10) days upon adoption.2
APPROVED AS TO FORM AND CORRECTNESS:
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 10 of 10 File ID: 17651 (Revision:) Printed on: 8/26/2025