§ 33-193.7. Applicability in the incorporated and unincorporated areas; minimum standards; exemptions; administrative modifications and appeals.

(A)

Countywide applicability and minimum standard. Pursuant to Section 1.01(A)(18) of the Miami-Dade County Home Rule Charter, each municipality, and the County in the unincorporated areas, shall, at a minimum, in the exercise of their respective zoning authority, address the need for workforce housing, if any, within their respective territorial jurisdictions; in addition, each municipality may, in accordance with Section 6.02 of the Charter, provide for higher standards to preserve its individual character and standards. The Workforce Housing Development Program set forth in this article shall be applicable in the unincorporated area of Miami-Dade County. Municipalities shall address the need for workforce housing within their respective territorial jurisdictions in the following manner:

(1)

Exemptions. The following municipalities are exempt from and not subject to the requirements of this article:

a.

Due to availability of land, financing, and population density, any municipality whose population is 10,000 or less according to the latest decennial census.

b.

Any municipality which, as of December 31, 2016, has in place mandatory or voluntary land development code provisions that implement increased densities or other incentives in exchange for the provision of workforce housing. The municipality shall send a copy of any such adopted ordinance to the Director by January 31, 2017.

c.

Any municipality that is otherwise exempt from the requirements of this article may choose to adopt a workforce housing development program at any time by adopting an ordinance that creates standards and criteria for the land use designations and zoning districts applicable to its jurisdiction and that provides for the municipality to collect and administer any monetary contributions in lieu of construction of WHUs that the municipality may permit. The municipality shall send a copy of any such ordinance to the Director within 45 days of adoption.

(2)

Non-exempt municipalities. As to other municipalities, each municipality shall adopt:

a.

A resolution making legislative findings demonstrating that the need for workforce housing within its territorial jurisdiction is being adequately addressed, or that workforce housing would be impractical to provide due to issues such as, but not limited to, the lack of availability of or the high value of vacant land or redevelopment sites.

b.

Its own voluntary or mandatory workforce housing development program reliant on its own legislative findings; or

c.

An ordinance that adopts the standards set forth in subsections (B), (C), and (D) below and Sections 33-193.8, 33-193.9, and 33-193.11 of this article and that protects the rights of legally established nonconforming lots, uses, and structures to at least the same extent provided in section 33-35 of this chapter. Each municipality shall be responsible for collecting and administering any monetary contributions in lieu of construction of WHUs that the municipality receives. The County shall indemnify and defend any municipality from a facial challenge to the municipality's adoption of an ordinance adopted in accordance with this paragraph.

(3)

Time to comply.

a.

Each municipality that is subject to the requirements of this section shall have until June 30, 2017, within which to adopt a resolution making findings as to the need for or practicality of providing workforce housing within its territorial jurisdiction, and indicating whether or not it intends to adopt a voluntary or mandatory workforce housing program, or already has such a program.

b.

Each municipality that adopts a resolution indicating that it will adopt a voluntary or mandatory workforce housing program shall have until December 31, 2017, within which to adopt any ordinance or resolution necessary to address its need for workforce housing.

c.

Applicability to municipalities incorporated after December 31, 2016, and to municipalities that reach a population that exceeds 10,000 as evidenced by publication of a future decennial census:

i.

Such municipality shall have 6 months, from the date of incorporation or the date of publication of census, as applicable, within which to adopt a resolution making findings as to the need for or practicality of providing workforce housing within its territorial jurisdiction, and indicating whether or not it intends to adopt a voluntary or mandatory workforce housing program.

ii.

If such municipality adopts a resolution indicating that it will adopt a workforce housing program, such municipality shall have another 6 months within which to adopt any ordinance or resolution necessary to address its need for workforce housing.

d.

Within 45 days of adopting any ordinance or resolution required by this section, each municipality shall send a copy of such ordinance or resolution to the Director.

(4)

Deference to municipal findings. The County shall defer to all legislative findings in any municipality's resolution or ordinance addressing workforce housing, including without limitation its determination of the amount of workforce housing presently available and whether it is deficient, the need for future workforce housing if any, the availability and value of land, the manner in which municipalities may address the need for workforce housing, and whether providing workforce housing is impractical due to issues such as, but not limited to, the lack of availability of or the high value of vacant land or redevelopment sites. The County shall also defer to a municipality's legal interpretations in the adoption and implementation of any resolution or ordinance related to workforce housing. The County shall not take adverse action against a municipality to require compliance with this article based on any disagreement with findings made pursuant to the requirements of this article.

(5)

Interpretation. This section shall not be construed to require a municipality:

a.

To violate its charter, code of ordinances, or comprehensive plan;

b.

To modify or amend its charter or comprehensive plan or a Development of Regional Impact development order; or

c.

To modify or amend its land development regulations where such amendment would require a referendum.

(6)

Approval processes.

a.

The site plan approval and other administrative processes described in this article are intended to apply only to the unincorporated area. Municipalities shall either establish their own procedures or utilize their existing procedures for approving development pursuant to their workforce housing program, if any.

b.

Municipalities shall also establish their own procedures for administering any necessary declarations of restrictive covenants or workforce housing agreements related to their workforce housing programs, if any.

(7)

Municipal use of County staff resources.

a.

The County shall make the Department's resources available upon request to assist municipalities in gathering and analyzing data, and adopting municipal workforce housing ordinances, but may charge a reasonable fee as set forth in an implementing order adopted by the Board of County Commissioners.

b.

Municipalities may, through an interlocal agreement, arrange for any declarations of restrictive covenants or workforce housing agreements related to their workforce housing programs to be administered by the Miami-Dade County Public Housing and Community Development Department or successor department pursuant to Chapter 17, Article IX of this Code.

(8)

Effect of compliance. After December 31, 2016, a municipality that adopts either its own voluntary or mandatory workforce housing development program or a resolution making legislative findings that the need for workforce housing within its territorial jurisdiction is being adequately addressed or that adopting a program would be impractical, and has provided a copy of it to the County as provided herein, shall not thereafter be subject to any other provision of this article.

(B)

The Workforce Housing Development Program shall be applied as follows:

(1)

20 or more dwelling units. An application seeking approval for a residential development with 20 or more dwelling units may utilize the density bonus and intensity standards set forth in this article by providing workforce housing units in accordance with the following. Except for developments requiring a public hearing, Administrative Site Plan Review shall be required of all such developments in accordance with the requirements of this article. Except as provided in Section 33-193.8, all workforce housing units will be provided on the site of the proposed development.

a.

All single-family and multi-family developments that provide at least 5 percent of the total units in the developments as WHUs shall be entitled to a density bonus of 5 percent over the maximum number of units allowed by the applicable CDMP land use designation and to the increased intensity standards provided in Section 33-193.11 of this article.

For every one percent increase in WHUs provided, a development shall be entitled to an additional density bonus, up to a maximum density bonus of 25 percent, as follows:

WHU Set-Aside	Density Bonus
5%	5%
6%	9%
7%	13%
8%	19%
9%	21%
10%	25%
Note: in calculations, decimals below 0.5 shall be rounded down and 0.5 or above shall be rounded up.

 

The mix of WHUs shall be as follows:

i.

No less than 25% of the WHUs shall target the income range of 60% to 79% of the median family income.

ii.

No less than 50% of the WHUs shall target the income range of 80% to 110% of the median family income.

iii.

Developments targeting all the remaining WHUs to the income range of 60% to 79% of the median family income shall receive an additional 3% density bonus, provided that in no event shall the total density bonus exceed 25%.

b.

In multi-family residential developments, all WHUs provided pursuant to this article shall be constructed concurrently with the market rate units. If the WHUs in a multi-family development are to be constructed in a separate structure from the market rate units, then the developer shall commence construction of such WHUs prior to obtaining a building permit for the structure containing the market rate units. For a single-family development, the WHUs shall be, in good faith, marketed concurrently with the market rate units, and the Developer or other Property Owner shall provide the Housing Director with periodic updates regarding the marketing efforts related to the WHUs. If a project is developed in multiple phases, the pro-rata share of WHUs shall be made available in each phase in accordance with this paragraph.

(2)

Less than 20 dwelling units. Residential developments with fewer than 20 dwelling units may develop in accordance with the density bonuses and intensity standards set forth in this section and Section 33-193.11 of this article by either:

a.

Providing one of the alternatives described in Sec. 33-193.8; or

b.

Setting aside 100 percent of the proposed housing units for workforce housing and complying with other applicable requirements of this article.

All developments of less than 20 units that participate in the WHU program shall require Administrative Site Plan Review in accordance with the requirements of this article except when the proposed development is for an individual single-family home, a two-family home, or a triplex that seeks to utilize the intensity standards in this section, or the development is subject to a public hearing.

(3)

Nonconforming residential lots. Applicants with legally-established nonconforming single-family residential lots that set aside 100 percent of the proposed dwelling units for workforce housing may develop in accordance with the intensity standards in Section 33-193.11 instead of the minimum lot area and height requirements in Section 33-7 of this chapter, without the need for Administrative Site Plan Review, provided that the development otherwise complies with the applicable requirements of this chapter.

(4)

Residential developments within Urban Center or Urban Area Districts, Planned Area Development Districts, Traditional Neighborhood Development Districts, or other urban overlay districts shall provide workforce housing as specified in the applicable zoning district regulations.

(C)

Exemptions. The provisions of this article shall not apply to property located outside the Urban Development Boundary, as designated in the Land Use Plan (LUP) map of the CDMP, as amended from time to time

(D)

Administrative Modifications and Appeals.

(1)

The Director may waive, adjust, or reduce the minimum WHU set-asides, applicable density bonus provisions or intensity standards, or the amount of any alternative monetary contribution for a development if, in reviewing the lot size, product type, and other elements of the development plan, the Director determines that:

a.

100 percent of the development has been set aside for households at or below 140 percent of median family income; or

b.

Developing the property with the density bonus permitted in this article would cause a violation of applicable environmental standards or other regulations.

(2)

Procedures.

a.

Applications. A request for administrative modification of the requirements of the Workforce Housing Development Program shall be submitted in writing to the Department on a form required by the Director.

b.

Notice. Within 15 days after the determination, notice of the Director's determination shall be published in a newspaper of general circulation.

c.

Appeals. Any aggrieved person may appeal the Director's determination to the Board of County Commissioners pursuant to Section 33-314 within 30 days after the date of newspaper publication, except that an applicant claiming that the Director's determination constitutes a taking or abrogation of vested rights shall follow the procedures for challenging a development permit provided in Sections 2-114.1 through 2-114.4 of this Code. If no timely appeal is taken, the Director's determination shall become final, and the necessary changes shall be made upon the zoning maps and records.

(Ord. No. 16-138, § 1, 12-20-16)

Editor's note

Ord. No. 16-138, § 1, adopted Dec. 20, 2016, repealed the former § 33-193.7, and enacted a new § 33-193.7 as set out herein. The former § 33.193.7 pertained to applicability and derived from Ord. No. 07-05, § 1, adopted Jan. 25, 2007 and Ord. No. 08-51, § 1, adopted May 5, 2008.