Definitions

As used in this article, the following words and terms shall have the following meanings, unless another meaning is plainly intended.

ADA or application for development approval shall mean the original application for development approval for the downtown Miami project area filed by the DDA on November 25, 1986, pursuant to F.S. § 380.06 (1987), as amended by the Increment II ADA filed by the DDA on February 13, 2002.

Administration fees shall mean a fee charged to all new development to pay for the city's administrative costs for enforcing the terms and conditions of the downtown development orders, including but not limited to preparation of ordinances and procedures, review of permit applications, monitoring compliance with requirements, and enforcing violations, and which shall be a component of the downtown development supplemental fee.

Air quality fees shall mean a fee charged to all net new development to pay for the for the city's costs for air quality monitoring, modeling and mitigation measures as required in the Increment I and II development orders for downtown Miami; and which shall be a component of the downtown development supplemental fee through in Increment I and Increment II.

Applicant shall mean an individual, corporation, business trust, estate, trust, partnership, association, two or more persons acting as coapplicants, any county or state agency, any other legal entity, or the authorized representative of any of the aforementioned, signing an application for a building permit.

Attractions/recreation use shall mean theaters, performance halls, sports arenas, museums, and similar cultural, entertainment, or recreational facilities.

Building permit shall mean any permit required for new construction and additions pursuant to the Florida Building Code.

By-right project shall mean a project that is designed to conform to all the applicable standards of the Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and any other specific requirements that may be enumerated elsewhere in the City Code.

CADA or consolidated application for development approval shall mean the revised ADA prepared pursuant to the requirements of F.S. § 380.06 (2017).

Central business district shall be as defined in section 13-5.

Certificate of occupancy shall mean a permanent or temporary and/or partial certificate of occupancy issued, pursuant to the Florida Building Code.

City shall mean the City of Miami, Florida.

Class II special permit shall mean a special permit issued by the planning director pursuant to Ordinance No. 11000, the previous zoning ordinance of the city, as amended, and the Miami 21 Code, as amended and as applicable.

Commission shall mean the city commission of Miami, Florida.

Comprehensive plan shall mean the city's plan for future development adopted by city Ordinance Number 10544, and as may be amended and updated from time to time.

Convention use shall mean meeting rooms, banquet halls, exhibition halls, auditoriums, and their auxiliary spaces intended for use by conventions, seminars, exhibitions, and the like, which shall exceed the minimum standard for ancillary facilities within the definition of "hotel use".

DDA or downtown development authority shall mean the downtown development authority of the city.

DO or downtown development order shall mean orders granting with conditions for a development permit, as defined by F.S. § 163.3164 (2017), for the Downtown DRI. The master development order was approved by Resolution No. 87-1148, Increment I was established by Resolution No. 87-1149, Increment II was established by Resolution No. 02-1307, and Increment III was established by Ordinance No. 13704.

Downtown development supplemental fee shall mean a fee charged to net new development in the project area comprised of components including a transportation mitigation fee, an administration fee, and a DRI/master plan recovery fee which are assessable to the net new development according to the provisions of this article.

Downtown development supplemental fee coefficient shall mean the charge per unit of land use as calculated for each component of the downtown development supplemental fee.

DRI shall mean "development of regional impact" as defined by F.S. § 380.06 (2017), and includes any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county.

DRI/master plan recovery fee shall mean a fee charged to all net new development to reimburse the city and/or DDA for costs incurred in the DRI/master plan study and future related studies in accordance with the CADA and the downtown DRI development orders, and which shall be a component of the downtown development supplemental fee.

DU or dwelling unit shall mean a residence of a single housekeeping unit as further defined in the Miami 21 Code.

Hotel use shall mean land use functions predominantly of sleeping accommodations occupied on a rental basis for limited periods of time as further defined in the Miami 21 Code. These are measured in terms of lodging units. A lodging unit is a furnished room of a minimum 200 square feet that includes sanitary facilities and may include limited kitchen facilities. "Hotel uses" may include meeting and banquet facilities and convenience goods and services for hotel guests, provided that the total of such ancillary facilities shall not exceed 15 percent of the gross square footage of the proposed hotel.

Industrial use shall mean land uses connected with a business or activity involving manufacturing, fabrication, assembly, distribution, disposal, warehousing, bulk storage, trucking and equipment facilities, and other businesses serving primarily industrial needs based on the Miami 21 Code.

Institutional use shall mean hospitals, universities, schools, and post offices.

MUSP or major use special permit shall mean a special permit issued by the city commission pursuant to Ordinance Number 11000, the previous zoning ordinance of the city, as amended, and the Miami 21 Code, as applicable.

Net new development shall mean any construction or reconstruction which will result in a net increase, within any parcel of land, of residential dwelling units, hotel rooms, seats in attractions/recreation facilities or gross square footage for office, retail/service, convention, wholesale/industrial or institutional uses. Land uses to be removed by demolition of a building or structure may be credited against the proposed new land uses for purposes of calculating the net increase, if the planning director determines that there was a valid certificate of occupancy existing on the effective date of this development order for the land uses to be demolished. If a change of land use is proposed, the planning director may credit the prior land use against the proposed land use based upon equivalent impacts as measured by peak hour vehicle trip generation. Any activity which has, on the effective date of this development order, a valid building permit or any currently effective development order shall not be included as net new development. The planning director may exclude from net new development any small development under 10,000 square feet in floor area, if he or she finds that such development would have no regional impact as measured by peak hour vehicle trips.

Office use shall mean space for the conduct of the administrative functions of government or business and professional activities not including sales of merchandise off the premises, and not including personal services as defined herein under "retail/service use."

Owner-occupied units shall mean dwelling units for individual sale by a developer and intended occupancy by an owner, as opposed to rental residential developments.

Parcel of land shall mean, pursuant to F.S. ch. 380 (2017), any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

p.m. peak hour external motor vehicle trips shall mean the average number of trips per hour during the afternoon peak period from 4:00 to 6:00 p.m. generated by motor vehicles, excluding public transit vehicles, that have either an origin or a destination within the project area.

Project area shall mean the area included within the legal description as set forth in Exhibit E of Ordinance No. 13704.

Residential use shall mean any "dwelling units" as defined in the zoning ordinance.

Retail/service use shall mean space for the sale of merchandise, eating and/or drinking establishments, and personal services such as but not limited to hair salons, travel agencies, laundries, dry cleaners, bank tellers, photographers, shoe repair, tailoring, etc.

Room shall mean "Lodging unit."

SF, gross square feet, or gross square footage shall mean "floor area" as further defined in the Miami 21 Code.

Site shall mean a legally described parcel of property capable of development pursuant to applicable city ordinances and regulations.

Total allowable development shall mean the quantity of net new development for which certificates of occupancy may be issued under the terms and conditions of the development order, as may be modified pursuant to F.S. § 380.06(19) (2004).

Transportation mitigation fee shall mean a fee charged to all net new development to pay for improvements to mitigate for impacts on the regional transportation system in accordance with requirements of the CADA and the Increment I and Increment II development order for downtown Miami, and which shall be a component of the downtown development supplemental fee.

Wholesale/industrial use shall mean manufacturing, wholesale trade, warehousing and storage, printing, automotive and heavy equipment repair, and other general commercial uses permitted within I (industrial) districts in the zoning ordinance.

Zoning ordinance shall mean Ordinance No. 13114 and commonly referred to as the Miami 21 Code. This ordinance replaces City Ordinance Number 11000.

Zoning permit shall mean any special permit as delineated in Section 7.1.2 of the Miami 21 Code including, but not limited to, waivers, warrants, exceptions, and variances which are necessary for the development of properties that are not developed "by-right."

(Ord. No. 12678, § 2, 4-28-05; Ord. No. 13703, § 2, 10-26-17)