Definitions

For the purpose of this article, the following terms shall be defined as presented below:

Building permit: Any permit required for new construction and additions pursuant to Section 105 of the Florida Building Code.

Certificate of occupancy: A permanent or temporary or partial certificate of occupancy issued, pursuant to the Florida Building Code, for any "net new development" as defined herein.

City: The City of Miami, Florida.

Credit holder: Entity to which a reservation of development credits has been issued in conjunction with receipt of a building permit or major use special permit.

DDA or downtown development authority: The downtown development authority of the city.

DRER: Department of Regulatory and Economic Resources of Miami-Dade County.

Development: As defined in F.S. § 380.04 (2011) and any amendments thereto.

Development credits: The individual units of land uses included within total allowable development, as measured by square footage or number of dwelling units, hotel rooms, or seats.

Development orders: City of Miami Resolutions 87-1148, 87-1149, 91-968, 94-849, 94-850, 98-219, 98-787, 98-1153, 99-159, 99-973, 02-1307 and 04-0425 as amended (downtown development of regional impact), and Resolutions 88-110, 88-111, 92-607, 92-608, 92-609, 93-217, 99-973, 00-289, 01-1159, 05-0480 and 13- (Southeast Overtown/Park West development of regional impact), as amended, as applicable.

DRI: Development of regional impact.

Major use special permit or MUSP: A special permit issued by the city commission for large developments pursuant to former Zoning Ordinance Number 11000, or its functional equivalent.

Net new development: 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 or office, government 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, building and zoning director determines that there was a valid certificate of occupancy existing on the effective date of the master increment I, increment II, or increment III development orders rendered for the downtown DRI and the Southeast Overtown/Park West DRI for the land uses to be demolished. If a change of land use is proposed, the planning, building and zoning director may credit the prior land use against the proposed land use based upon equivalent impacts as measured by peak hour vehicle trip generations.

Parcel of land: 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.

Reservation of development credits: A written certificate, signed by the planning, building and zoning director, allocating an amount of development credits equal to the amount of net new development in a zoning approval or building permit to a specified parcel of land, subject to the terms and conditions of this article. Reservations of development credits shall run with the land and shall not be transferable to any other parcel of land or building permit.

SF, gross square feet, or gross square footage shall mean the floor area as defined within the zoning ordinance.

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

Total allowable development: The quantity of net new development for which certificates of occupancy may be issued under the terms and conditions of the increment I, increment II and increment III development orders as amended, together with the applicable master development order, as may be modified pursuant to F.S. § 380.06(19) (2011), and which shall be measured by the following land uses:

DOWNTOWN

EXPAND Land Uses Increment I (1988-1997) Increment II (1992-1999) Increment III (1999-2007) Totals Office (gross square feet) 6,919,550 3,600,000 3,700,000 14,219,550 Government office (gross square feet) 300,000 250,000 200,000 750,000 Retail/service (gross square feet) 1,050,000 400,000 500,000 1,950,000 Hotel (rooms) 1,500 500 1,100 3,100 Residential (dwelling units) 3,550 2,550 2,920 9,020 Convention (gross square feet) 500,000 0 0 500,000 Wholesale/industrial (gross square feet) 1,050,000 1,050,000 2,100,000 Institutional (gross square feet) 300,000 0 300,000 600,000 Attractions/recreation (seats) 6,500 1,600 5,000 13,100

SOUTHEAST OVERTOWN/PARK WEST

EXPAND Land Uses Increment I (1988-2005) Increment II (1992-2019) Increment III (2012-2025) Totals Office (gross square feet) 166,000 337,000 2,300,000 2,803,000 Retail/service general commercial (gross square feet) 72,272 94,828 1,250,000 1,417,100 Hotel (rooms) 0 500 2,100 2,600 Residential (dwelling units) 2,000 2,000 4,000 8,000 Attractions (seats) 8,000 8,000 0 16,000 Conference (gross square feet) 0 0 200,000 200,000

Work: Work shall be considered to have commenced and be in active progress when the planning director determines, after consultation with the city's building official, that a full complement of workers and equipment is present at the site to diligently, in accordance with normal and customary construction scheduling, incorporate materials and equipment into the structure throughout the day on each full working day, weather permitting.

Zoning ordinance shall mean city Ordinance Number 13114, known as Miami 21 Zoning Code, or a successor ordinance, the zoning ordinance of the City of Miami.

(Ord. No. 13406, § 3, 9-26-13; Ord. No. 13676, § 2, 4-27-17)

Secs. 14-123—14-150. - Reserved.

DIVISION 2. - RESERVATION OF DEVELOPMENT CREDITS