§ 33C-2. Rapid Transit Zone.

(A)

Definitions. Terms used throughout this article shall take their commonly accepted meaning unless otherwise defined in Chapters 18-A, 28, or 33. Terms requiring interpretation specific to this article are as follows:

(1)

The "Rapid Transit Zone" consists of all land area, including surface, subsurface, and appurtenant airspace, heretofore or hereafter designated by the Board of County Commissioners as necessary: for the construction of the fixed-guideway portion of the Stage I Rapid Transit System, including all station sites, parking areas and yard and maintenance shop facilities; or to support the continued operation and expansion of the metropolitan mass transit system.

(2)

The "Department" means the Miami-Dade County Department of Regulatory and Economic Resources or its successor department.

(3)

The "Director" means the Director of the Department, or the Director's designee.

(4)

The "DTPW" means the Miami-Dade County Department of Transportation of Public Works or its successor department.

(5)

The "MDAD" means the Miami-Dade Aviation Department or its successor department.

(B)

Designation of lands included. The Board of County Commissioners hereby designates all land areas (including surface, subsurface, and appurtenant airspace) shown on Exhibits 1 through 16, bearing the following effective dates: Exhibit 1, July 31, 1998, Exhibits 2 through 9 and Exhibits 11 through 16, July 13, 1979, Exhibit 10, May 26, 1983, Exhibit 17, February 13, 2014, Exhibit 18, June 15, 2018, and Exhibit 19, August 3, 2018, certified by the Clerk of the Board as a portion of this chapter, incorporated hereby by reference, and transmitted to the custody of the Department of Regulatory and Economic Resources or its successor Department, as the Rapid Transit Zone for the Stage I Fixed - Guideway Rapid Transit System. The Director shall submit to each affected municipality an official map or maps designating the Rapid Transit Zone which may from time to time be altered, enlarged, added to, amended or deleted by ordinance, after a public hearing within each municipality affected.

(C)

Jurisdiction of County. Jurisdiction for purposes of building and zoning approvals (including, but not limited to, site plan approvals, issuance of building permits, building inspections, construction-related fire permits and inspections (but not fire suppression or fire rescue services or annual inspections for fire safety), compliance with the Florida Building Code, Florida Fire Prevention Code, issuance of certificates of occupancy, zoning applications, special exceptions, variances, district boundary changes, building and/or zoning moratoria, and all other types of functions typically performed by Building and/or Zoning Departments or other departments that review or issue development permits), water and sewer installations, compliance with environmental regulations, street maintenance (including sidewalks where applicable) and utility regulation, all of which relate to the uses specifically delineated in subsection (D) below, shall be and are hereby vested in Miami-Dade County regardless of any municipal code, charter, or ordinance provisions to the contrary. Where a municipality continues to provide other services to a property in the Rapid Transit Zone, the municipality shall be responsible for ensuring that all matters relating to enforcement of land use, zoning, or building code requirements that may arise in the course of providing municipal services are referred to the County's Building Official, and the municipality shall coordinate with the County to ensure that affected property owners and tenants are also informed as to these jurisdictional matters.

(D)

Uses. No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, structurally altered, or maintained for any purpose in the Rapid Transit Zone, except as provided in this article.

(1)

Permitted land uses. The following land uses are permitted within the Rapid Transit Zone:

(a)

Fixed guideways for the Rapid Transit System.

(b)

Stations for the Rapid Transit System, including such uses as passenger platforms and waiting areas, ticket and information booths, restrooms, utility rooms, kiosk signs only to the extent permitted by Section 33-107, in-station advertising displays, stairs, elevators, walkways, concessions, vending machines, and other service-related businesses offering goods and services for sale to passengers, and other similar uses as are necessary for or ancillary to the proper functioning of a rapid transit station.

(c)

Parking lots and parking structures.

(d)

Bus stops and shelters.

(e)

Streets and sidewalks.

(f)

Maintenance facilities for the Rapid Transit System, including yard and shops, and associated tracks and facilities.

(g)

Landscaping.

(h)

Bikeways, parks, community gardening, playgrounds, power substations and other uses necessary for the construction, operation and maintenance of the Rapid Transit System.

(2)

Other uses; procedures for approval of such uses within the Rapid Transit Zone. The following additional uses shall be permitted in conformance with the requirements set forth herein:

(a)

Such other uses, including commercial, office, hotel, governmental, institutional, health care facilities, rental car facilities, and residential uses, as may be appropriate to and compatible with the operation of the Rapid Transit System or an Intercity Passenger Rail System and the convenience of the ridership thereof.

(b)

Intercity Passenger Rail Systems, both public and private, including all uses permitted for the Rapid Transit System pursuant to subparagraphs (1)(a) through (h) herein and including ancillary facilities associated with the maintenance and operations of a rail system. "Intercity Passenger Rail System" means a rail system that provides passenger service on a guideway system between two or more cities, between several destinations within one city, or both.

(c)

Subzones in the unincorporated area; development regulations, standards and criteria. In the unincorporated areas of the Rapid Transit Zone, subzones shall be created by separate ordinances which shall become part of this chapter. Said ordinances shall identify the boundaries of the individual subzones and shall establish development regulations and site plan review standards and criteria for those land uses permitted pursuant to subsections (2)(a) and (2)(b) herein. Requests for approval of development in the unincorporated area of those land uses permitted pursuant to this subsection herein shall be made by filing an application in accordance with the provisions of Section 33-304. Said application shall be considered a special exception for site plan approval to be considered and acted upon directly by the Board of County Commissioners pursuant to the criteria established in Section 33-311(d) and the provisions of the applicable subzone.

(d)

Process for incorporated areas generally. Whenever uses authorized by subparagraphs (2)(a) and (2)(b) above are proposed within portions of the Rapid Transit Zone passing through municipalities, the Station Area Design and Development Program process, a joint municipal-County program administered through the Rapid Transit Developmental Impact Committee, shall prepare proposed master plan development standards for such proposed uses. Such proposed master plan development standards shall be submitted to the appropriate municipality for review and adoption as the Master Land Use Plan for such uses. Once adopted, said land use plans shall control all public actions involving or affecting land use or development, including action on applications for zoning relief. Amendments to said Master Land Use Plans shall be subject to the procedures specified in this subparagraph. Applications for a site plan approval and other related zoning actions under a Master Land Use Plan that was approved by a municipality on or before September 30, 2003, shall be considered by the Rapid Transit Developmental Impact Committee under the standards and requirements established by such plan, upon receipt of the recommendations of the Department of Regulatory and Economic Resources or its successor Department and the Miami-Dade Transit Agency. Decisions of the Rapid Transit Developmental Impact Committee upon such applications shall be subject to appeal to the Board of County Commissioners in accordance with the requirements of Section 33-314, Miami-Dade County Code. It shall be the duty of the Clerk of the Board of County Commissioners to immediately transmit to the relevant municipality a certified copy of the Rapid Transit Developmental Impact Committee's and the County Commission's actions in regard to the uses provided for in this subsection. An aggrieved party may seek judicial review of the County Commission's action in accordance with Section 33-316, Miami-Dade County Code.

(e)

Process for City of Miami.

(1)

After March 15, 2008, whenever uses authorized by subparagraphs (2)(a) and (2)(b) above are proposed within portions of the Rapid Transit Zone located within the City of Miami not yet subject to an approved set of development standards, the master plan development standards set forth in Section 33C-8 herein shall control such proposed uses. Said land use plans shall control all public actions involving or affecting land use or development, including action on applications for zoning relief. Amendments to said Master Land Use Plans shall be subject to the procedures specified in this subparagraph. Applications for site plan approval and other related zoning actions under a Master Land Use Plan shall be considered by the Rapid Transit Developmental Impact Committee under the standards and requirements established by such plan, upon receipt of the recommendations of the Department of Regulatory and Economic Resources or its successor Department and the Miami-Dade Transit Agency. Decisions of the Rapid Transit Developmental Impact Committee upon such applications shall be subject to appeal to the Board of County Commissioners in accordance with the requirements of Section 33-314, Miami-Dade County Code. It shall be the duty of the Clerk of the Board of County Commissioners to immediately transmit to the City of Miami a certified copy of the decision of the Rapid Transit Developmental Impact Committee and the actions of the Board of County Commissioners in regard to the uses provided for in this subsection. An aggrieved party may seek judicial review of the County Commission's action in accordance with Section 33-316, Miami-Dade County Code.

(2)

Downtown Intermodal District Corridor. Notwithstanding any other provision of this Code to the contrary, whenever uses authorized by subparagraphs (D)(2)(a) and (D)(2)(b) above are proposed within the Downtown Intermodal District Corridor Subzone of the Rapid Transit Zone as designated in subsection 33C-9 herein, the procedures and development standards adopted pursuant to subsection 33C-9 shall control.

(3)

Brickell Station Subzone. Notwithstanding any other provision of this code to the contrary, whenever uses authorized by subparagraphs (D)(2)(a) and (D)(2)(b) above are proposed within the Brickell Station Subzone of the Rapid Transit Zone as designated in subsection 33C-10 herein, the procedures and development standards adopted pursuant to subsection 33C-10 shall control.

(4)

Government Center Subzone. Notwithstanding any other provision of this Code to the contrary, all development within the Government Center Subzone shall be governed solely by Section 33C-11.

(f)

The uses provided in this subsection shall, where applicable, be subject to municipal ordinances relating to occupational license taxes, and such taxes be and they are hereby expressly reserved to such municipalities.

(g)

Douglas Road Metrorail Station. County government office development in the Rapid Transit Zone within municipalities. Whenever County office development is proposed for that portion of the Rapid Transit Zone surrounding the Douglas Road Metrorail Station, the directors of the Departments of Regulatory and Economic Resources or its successor Department, the Miami-Dade Transit Agency and the department proposing the development shall develop proposed master plan development standards for such proposed uses. The standards shall contain, at a minimum: (a) maximum height of the building; (b) maximum floor area ratio; (c) maximum parking provided; (d) minimum open space; (e) minimum setbacks from property lines; (f) gross and net land area; (g) criteria for pedestrian and vehicular circulation systems; (h) signage criteria; (i) criteria for parking layouts and drives; and (j) features demonstrating conformity with the guidelines for development of urban centers contained in the Comprehensive Development Master Plan, conformity with the Miami-Dade County Urban Design Manual, and consistency with the Metrorail Compendium of Design Criteria. Upon the consent of the County Mayor, the proposed standards shall be submitted to the affected municipality's governing board for review and approval.

In reviewing the standards, the municipality shall consider the type of function involved, the public need therefor, the existing land use pattern in the area and the nature of the impact of the facility on the surrounding property. The municipal governing board shall have the power to approve or reject the standards, but shall not modify the standards as submitted. Unless extended by agreement with the County Mayor, failure of the municipal governing board to reach a final decision on the proposed development standards within 60 days after receipt of the standards may be deemed by the County to be a lack of objection to the standards as proposed. If the municipal governing board rejects the proposed development standards, the proposed County office development shall not be permitted at the site unless the Board of County Commissioners determines after duly noticed public hearing that the proposed development is of County-wide necessity and significance, and upon such determination approves the development standards in accordance with the criteria applicable to the municipal governing board.

After approval of the development standards, a site plan consistent with the approved development standards shall be submitted to the Director of the Regulatory and Economic Resources or its successor Department. After review by the Directors of the Departments of Regulatory and Economic Resources or its successor Department, the Miami-Dade Transit Agency and the department seeking development approval, the County Manager may submit the site plan to the Board of County Commissioners with a recommendation for approval.

The Board of County Commissioners may authorize the development and approve the site plan by resolution following public hearing. The public hearing shall be held upon 15 days' notice of the time and place of the hearing published in a newspaper of general circulation in Miami-Dade County, which publication shall include the time and place of hearing before the Board of County Commissioners. A courtesy notice containing general information as to the date, time and place of the hearing, the property location and general nature of the proposed development may be mailed to the property owners of record within a radius of three hundred (300) feet of the property described in the application, or such greater distance as the County Mayor may provide; provided, however, that failure to mail or receive such courtesy notice shall not affect any action or proceeding taken hereunder. To provide additional notice to the public, the property may be posted by a sign or signs indicating the action desired and the time and place of public hearing thereon. Failure to post the property shall not affect any action taken hereunder. At the public hearing, the Board shall consider, among other factors, the type of function involved, the public need therefor, the existing land use pattern in the area, alternative locations for the facility and the nature of the impact of the development on the surrounding property.

This process shall apply only to that portion of the Rapid Transit Zone surrounding the Douglas Road Metrorail Station.

(E)

Effect on existing land uses. All land areas included by this section within the Rapid Transit Zone upon which uses other than those specified in subsection (D) of this section were authorized or permitted prior to October 27, 1978 may be used as follows:

(1)

Existing structures. All existing buildings or structures and all uses for which building permits have already been issued prior to the effective date of this article and which have complied with the applicable provisions of the South Florida Building Code, may be continued or constructed in accordance with the approved plans and specifications therefor. Alterations, improvements, or expansions of existing structures shall be subject to the provisions of paragraph (2) hereof.

(2)

All other lands. No applications for site or plan approvals and/or building permits shall be issued for new facilities within the Rapid Transit Zone except in the following circumstances:

(a)

The estimated construction cost does not exceed ten thousand dollars ($10,000.00) in any consecutive two-year period; or

(b)

The Miami-Dade Transit Agency certifies that approval of the application will not have an adverse impact upon a material element of the Stage I System. The Miami-Dade Transit Agency shall, with respect to any application for which certification is refused, provide a detailed written explanation supporting the refusal to certify and specifying the corrective actions, if any, which would lead to certification. The decision of the Agency may be appealed to the Board of County Commissioners within thirty (30) days from the date of the written explanation by filing a notice of appeal with the Clerk of the Board of County Commissioners. The Board of County Commissioners, after giving public notice as required by Chapter 33 of the Code, shall hear the appeal and either affirm, deny or modify the decision of the Agency. Appeals from the Board of County Commissioners' action shall be in accordance with Section 33-316 of this Code.

(Ord. No. 78-74, § 1, 10-17-78; Ord. No. 79-59, § 1, 7-3-79; Ord. No. 82-80, § 1, 9-7-82; Ord. No. 83-27, § 1, 5-17-83; Ord. No. 95-215, § 1, 12-5-95; 98-114, § 1, 7-21-98; Ord. No. 98-125, § 24, 9-3-98; Ord. No. 00-38, § 1, 2-21-00; Ord. No. 02-171, § 1, 9-24-02; Ord. No. 03-113, § 2, 5-6-03; Ord. No. 08-28, § 1, 3-4-08; Ord. No. 14-37, § 2, 4-8-14; Ord. No. 16-122, § 1, 11-1-16; Ord. No. 18-3, § 8, 1-23-18; Ord. No. 18-66, § 2, 6-5-18; Ord. No. 18-81, § 2, 7-24-18)

Annotation— CAO 84-10.

Editor's note

Ord. No. 82-79, § 1, adopted Sept. 7, 1982, and Ord. No. 87-55, § 1, adopted July 21, 1987, amended § 33C-2 by amending one (1) of the drawings of the Rapid Transit Zone maps, which drawings are not reproduced herein.