- Purpose and applicability:
The purpose of the (MX) Mixed Use Districts is to accommodate various forms and densities of mixed uses, including commercial and residential, to serve the needs of a diverse community, while ensuring that there is a transition to single-family and duplex neighborhoods that protects the integrity of these neighborhoods.
The MXD Districts are intended to provide a continuous, pedestrian-friendly urban environment, bringing together the activities of daily living, and reducing dependence on vehicular mobility. The MX regulations are intended to improve the public realm, and to produce functional and beautiful streets and public open spaces with:
- street level amenities and design elements contributing to the pedestrian experience;
- pedestrian connectivity augmented in cross block pedestrian passages; and
- public open spaces that are welcoming, provide a sense of place, and accommodate a range of activities, from walking between destinations, to waiting for transportation, to accommodating social and cultural activities.
The MX Districts include MX1, MX2, and MX3. These are differentiated by their intensity and location. The MX1 District allows a low intensity of development and is located along some of the City’s primary corridors, such as Eighth Street, Grand Avenue, Ponce De Leon Boulevard and Giralda Plaza, and often has an adjacency with single-family residential areas. The MX2 District allows a medium intensity of development and is located on Miracle Mile, the Design/Industrial District area, and in the southern and northern-most reaches of the City. The MX3 District allows the highest intensity of development and is located in the City’s downtown area, along North Ponce de Leon Boulevard, Biltmore Way, and South Dixie Highway (Route 1).
- Principal and Accessory uses and structures. The following uses are permitted in the MX districts:
- Principal uses, buildings or structures as provided in Section 3-101, Uses Table.
- Accessory uses, buildings or structures as provided in Section 3-102, Accessory Table. Accessory uses, buildings or structures customarily associated with permitted uses within this Zoning District and not listed within the Section 3-102, Accessory Table may be permitted subject to Development Review Official review and approval.
- Mix of Uses. The proportionate mix of uses shall be as required by the Comprehensive Plan.
- For MX1 facing Giralda Plaza and South Ponce de Leon Boulevard, MX2 facing Miracle Mile, and MX3 facing North Ponce de Leon Boulevard:
- A minimum of ninety (90%) percent of the linear ground floor building frontage shall be shopfront and include retail sales and services, or restaurant uses, or courtyard and building entries.
- For MX2 facing primary streets a minimum of eighty (80%) percent of the linear ground floor building frontage shall include retail sales and services, or restaurant uses, or courtyard and building entries. For MX2 facing a secondary street, a minimum of forty (40%) percent of the linear ground floor building frontage shall be shopfront and include retail sales and service, office, or restaurant uses, or public realm land area (i.e. plazas, courtyards, open space, and other public spaces) uses.
- For MX1 and MX3 facing a primary street, a minimum of fifty (50%) percent of the linear ground floor building frontage shall include retail sales and services, restaurant or office uses, or public realm land area (e.g., plazas, courtyards, open space, and other public spaces) uses. For MX1 and MX3 facing a secondary street, a minimum of twenty (20%) percent of the linear ground floor frontage facing onto a secondary street shall be a shopfront.
- Conditional uses. Conditional uses shall be permitted in MX Districts as per Section 3-101, Principal Uses Table, and only if approved under the provisions of Section 14-203, subject to the applicable standards and regulations in this Code.
- Performance Standards.
- Building sites. Buildings and structures constructed in MX Districts shall be constructed or erected upon a building site containing at least one (1) platted lot, and such building site shall have a minimum street frontage as per Section 2-200, Mixed Use Districts Table.
- Buildings and structures on building sites of twenty thousand (20,000) square feet or more, or with street frontage of two hundred (200) feet or more, shall require conditional use review and approval.
- Parcels proposed for development shall be a contiguous unified parcel with sufficient width and depth to accommodate the proposed uses. Public rights-of-way or other public lands shall not be considered as a separation for building sites ten thousand (10,000) square feet or more within the Design & Innovation District Overlay and for building sites of twenty thousand (20,000) square feet or more.
- Density. Maximum density and floor area ration (FAR) shall be as per Section 2-200, Mixed Use Districts Table. Each dwelling unit shall have a minimum unit size as per Section 2-200, Mixed Use Districts Table. Additional density regulations are provided in the District Overlays, Section 2-400. The number of permitted units shall be rounded to the nearest whole number.
- Facing of lots and buildings. Every lot shall be deemed to face the street upon which it abuts; if a lot abuts upon more than one street, it shall be deemed to face both streets; and any building shall face the front of the lot, and be subject to the restrictions governing buildings on each street on which it is deemed to face. The facing of a building site shall be based on the platting of the lots that comprise the building site, except for specific deviations or exceptions prescribed in Section 14-210.5, Facing of lots and principal buildings, and as determined by the Development Review Official upon review of compatibility with the neighborhood.
- Setback and stepback requirements. To create high quality public spaces and promote neighborhood character, all buildings setbacks and stepbacks shall be as per Section 2-200, Mixed Use Districts Table and shall meet the following minimum requirements:
- No building or structure, or any part thereof, including porches, projections or terraces shall be erected at a lesser distance from the front, side, or rear line of any building site than the front, side or rear setback and stepback distance, respectively, prescribed and established herein for such building site. Nothing herein shall prohibit a building or structure from having more than the minimum required setbacks and stepback.
- Front setback and stepback.
- Buildings with a height of forty-five (45) feet or less. Zero (0) feet setback required, except as per District Overlays in which, a specific length of build-to-line may be required.
- Buildings with a height greater than forty-five (45) feet. Zero (0) feet, with a stepback of ten (10) feet above a height of forty-five (45) feet.
- Additional setback requirements are provided in Section 4-206, Mandatory Setbacks and Build-to-lines on Certain Streets.
- Side setback and stepback.
- Buildings with a height of forty-five (45) feet or less. Zero (0) feet at interior property line, and zero (0) feet abutting a side street.
- Buildings with a height greater than forty-five (45) feet. Zero (0) feet at interior property line, with an additional stepback of fifteen (15) feet above a height of forty-five (45) feet. Zero (0) feet abutting a side street, with an additional stepback of ten (10) feet above a height of forty-five (45) feet. Zero (0) feet abutting a side alley, with an additional stepback of three (3) feet above a height of forty-five (45) feet.
- Abutting SFR and MF1 properties, the minimum side setback shall be fifteen (15) feet, with additional stepbacks of fifteen (15) feet above a height of forty-five (45) feet.
- Rear setback and stepback.
- Buildings with a height of forty-five (45) feet or less. Ten (10) feet at interior property line. Zero (0) if property line abuts an alley, except MX-1, five (5) feet if property line abuts an alley.
- Buildings with a height of more than forty-five (45) feet. Ten (10) feet at interior property line, with an additional stepback of ten (10) feet above a height of forty-five (45) feet. Zero (0) feet abutting an alley, except MX1, five (5) feet abutting an alley, with an additional stepback of three (3) feet above a height of forty-five (45) feet.
- Additional building stepbacks may be required by the City Architect and the Board of Architects, to further reduce the potential impacts of the building bulk and mass, and to enable a minimum 40% of the wall area to be glazed openings.
- Cantilevered open balconies may project into required stepback areas within the property line a maximum of six (6) feet.
- Setback from canal waterway, lake, or bay. On all building sites abutting upon a canal, waterway, lake, or bay, the minimum setback from the waterway for all buildings, or portions thereof, designed or used for occupancy for residential purposes shall be thirty-five (35) feet from the canal, waterway, lake, or bay as platted.
- Setback and stepback requirements of accessory buildings or structures. Except as provided herein, accessory buildings or structures shall be governed by the same minimum setback and stepback requirements as provided for the main or principal building, provided that:
- No accessory building or structures may be located in the area between the street and the principal building or any part thereof.
- In no case shall an accessory building or structure be located closer to the front or side street of a lot or building site than the principal building.
- No setbacks shall be required for parking structures and accessory decks that are constructed completely below grade.
- Ground area coverage. There shall be no minimum or maximum ground area coverage in MX Districts.
- Open space. Open space requirement shall be as per Section 2-200, Mixed Use Districts Table and as follows:
- Ten (10%) percent of the total area of the building site shall be provided as ground level plazas and courtyards open to the sky and accessible from the front. Arcades and loggias may be considered open space and counted as such toward the open space requirement up to a maximum of seventy-five (75%) percent. The remaining open space area that is open to the sky shall not be less in width or depth than ten (10) feet, and shall have a minimum area of five-hundred (500) square feet.
- For MX1 facing Giralda Plaza, no open space shall be required.
- For MX2 and MX3 building sites that are 10,000 square feet or less, five (5%) percent of the total area of the building site shall be provided as ground level open space, such as arcades and loggias with a minimum vertical volume of thirteen (13) feet, paved with a pervious material.
- Required open space shall be provided at the ground level, shall be accessible and visible to the public, and shall integrate pedestrian features in a coordinated designed with R.O.W. improvements.
- Pedestrian pass-throughs, paseos and landscaped pedestrian vias.
- In MX Districts, pedestrian pass-throughs shall be provided for each two-hundred and fifty (250) linear feet of building frontage. The pass-through shall be a minimum ten (10) feet in width, include pedestrian amenities as described below, and landscape planting. In lieu of one (1) pass-through per two hundred and fifty (250) feet of building frontage, two (2) pass-throughs can be combined to provide one (1) twenty (20) foot wide pass-through.
- In MX3 facing North Ponce de Leon Boulevard, a landscaped pedestrian via shall be provided along the rear of the property and shall provide direct linear connection through the block. The landscaped pedestrian via shall have a minimum width of twenty (20) feet and shall be open to the sky. Residential balconies and stoops may encroach into the via a maximum of six (6) feet. A linear pedestrian path of five (5) to (10) feet in width shall be provided with landscaping on both sides. The via shall be activated through the site plan review process in order to maximize pedestrian activity, landscaping, and promote compatibility with neighboring properties.
- The location, scale, and access to open space shall be subject to site plan review.
- Planting and other requirements for open space shall be as per Article 6, Landscape.
- Height. The maximum permitted height shall be as per Section 2-200, Mixed Use Districts Table and as per District Overlays, and as follows:
- MX properties shall have a building height limit of forty-five (45) feet when the lot width is less than one hundred (100) feet. For MX2 and MX3 properties that have a minimum lot width of one hundred (100) feet, the building height limit shall be seventy (70) feet. For MX3 properties that have a minimum lot width of two hundred (200) feet, the building height limit shall be one hundred fifty (150) feet.
- MX properties shall have a height limitation of forty-five (45) feet within one hundred (100) feet (including streets, alleys or waterways) of adjacent, abutting, or contiguous SFR and MF1 properties, as measured from the MX property line, Ten (10) additional feet may be permitted for rooftop architectural elements above the habitable height.
- The maximum permitted height is measured from established grade to the flat roof deck and when there is no flat roof deck, the height shall be to the tie-beam on the top floor of the building. Mechanical equipment areas and decorative roof structures may extend beyond the permitted height a total of ten (10) feet. When more than one (1) of the aforementioned conditions occurs for a specific property, the more restrictive condition shall apply.
- Architecture. Building architecture shall be as per Article 5, Architecture.
- Pursuant to Section 5-100, Review Standards, the Board of Architects shall review applications for aesthetic design and compatibility. The Board of Architects shall have the authority to deny proposed designs that do not comply with aesthetic standards. Applicants are required to submit and describe the proposed architectural style, with adequate documentation of precedents and aesthetic goals. The Board of Architects may approve minor adjustments for aesthetic purposes to the design regulations in order to enhance building design.
- Facades. Facades in excess of one hundred and fifty (150) feet in length shall incorporate design features with the use of the following items:
- Breaks, stepbacks or variations in bulk/massing at an average of one hundred (100) feet intervals.
- Use of architectural relief and elements.
- Lighting (building). External illumination and lighting of buildings shall be as per Article 12, Lighting.
- Pedestrian design features for building frontages. On any front property line or primary street where an adjoining pedestrian sidewalk is located, the following design features shall be included at the street level:
- Architectural building design that is compatible with the context and that precludes blank walls.
- Frequent doors and windows including retail display windows.
- Landscaping, shading devices and benches.
- Pedestrian amenities. Pedestrian amenities shall be provided on both private property and public open spaces, including benches, information kiosks, lighting, bicycle racks, refuse containers, sidewalk pavement treatments, statuary, street crosswalk paver treatments, wall-mounted fountains, water fountains and other similar water features. All pedestrian amenities shall be permanently secured to the ground surface, and shall be consistent in design and from with the applicable City Public Realm Design Manual.
- Pedestrian access orientation. All buildings, except accessory buildings, shall have their main pedestrian entrance or entrances oriented towards the front property line and shall have a minimum of one pedestrian entry from each street the property faces. Shopfronts shall have operable doors along their front facades spaced at a minimum average of sixty (60) feet on center.
- Transparency. A minimum of sixty (60%) percent and a maximum of ninety (90%) percent of the ground floor shall be transparent, with a minimum of eighty-eight (88%) percent light transmission to allow maximum visibility into the interior of the ground-level space from the public right-of-way and pedestrian areas. Tinting, reflective glass, curtains, blinds, paper, merchandise or displays, or other materials that obstruct visibility into the interior of the ground level space shall not be permitted. A windowsill between eighteen (18”) and twenty-four (24”) inches in height shall be required on frontages facing ground level single-family and multi-family uses.
- A shopfront may occur at the street-facing edge of the building or it may be set back under or inside an arcade, courtyard, or overhang. If set back, the shopfront windows and doors shall remain publicly accessible and visible from the sidewalk edge. Facing Miracle Mile, Giralda Plaza and Ponce de Leon Boulevard, a minimum of ninety (90%) percent of the linear ground floor of each building shall be a shopfront.
- Minimum ground floor height shall be fifteen (15) feet to create high-quality shopfronts. The windowsill height for a fixed shopfront shall be a maximum of two (2) feet above the sidewalk elevation.
- Shopfronts may have fixed or operable windows and doors. An operable transparent shopfront may have movable glass doors, such as a bi-fold, horizontal sliding, lift and slide, or swing door to allow maximum openness and circulation during operating hours, but that are closed and secured when the business is closed.
- Arcades, loggias, or covered areas shall have a minimum depth of ten (10) feet and may accommodate up to eighty (80%) percent of the entire linear length of the building based upon the site plan review criteria listed herein. Encroachment of the entire length or one-hundred (100%) percent may be requested subject to review and approval at the time of site plan consideration. Limitations of encroachments on corners of buildings may be required to control view corridors and ground floor building bulk and massing. Arcades or loggias are prohibited on Miracle Mile and Giralda Plaza.
- Architectural relief and elements. Architectural relief and elements (e.g,, windows, cornice lines, and other design features) shall be provided on all sides of buildings and include similar architectural features as those provided on the front façade. No blank walls shall be permitted except for party walls at property lines, and only up to a height of forty-five (45) feet, after which, a stepback is required. Exposed party walls shall also have architectural features to discourage blank walls in the case they remain exposed and visible.
- LEED certification. All buildings are required to meet the standards of Leadership in Energy and Environmental Design (LEED) criteria specified by the U.S. Green Building Council, or similar rating system. Examples may include the following LEED certification rating systems:
- Building Design and Construction (BD+C)
- Neighborhood Development (ND)
- Parking, garages and driveways. Parking, garages and driveways shall be as per Article 10, Parking and Access.
- Off-street vehicular areas. The view from the street of all vehicular areas on a building site shall be minimized to ensure that these uses do not detract from the pedestrian scale of the building design and overall walkability of the surrounding area. All off-street vehicle arrival and parking shall occur to the rear or the side of the building.
- Structured parking.
- In the event that structured parking is to be constructed above grade, that portion of the parking garage that is constructed above grade and faces a street shall be screened from street view with shopfronts, lobbies, offices, living units, portions of living units, or other usable building area. Other facades of the garage above the ground level shall be designed and improved so that the use of the building as a garage is not readily apparent, and shall reflect the character and exterior finishes of the building served by the garage, and shall be compatible with buildings that occupy the same street. No portion of a building that is above grade and within twenty (20) feet of the front setback line shall be used for the storage of vehicles or off-street parking.
- Entrances and exits to garage areas. Front vehicular entry gates at garage entries shall be setback a minimum of twenty (20) feet behind the exterior building wall to partially conceal the interior of the garage from street view. The sides, and if necessary the rear of parking structures, shall be screened from view of the street with a combination of walls and landscaping with Board of Architects approval. Overhead doors and parking garage entrances shall not face or be directed towards residential properties or adjacent rights-of-way abutting residentially zoned properties.
- Driveways, curb cuts, and vehicular use areas.
- Where an alley or side street is present, curb cuts, driveways, and access to vehicular areas shall be allowed only from the alley or side street. Where these are present, the vehicle entry from the front property line shall require City Commission approval.
- To accommodate street trees and minimize sidewalk disruption: driveways and curb cuts shall not exceed twenty-two (22) feet in width in the public right-of-way.
- For MX districts facing Lejeune Road, Ponce de Leon Boulevard, East Ponce de Leon Boulevard, Miracle Mile, Giralda Plaza, Alhambra Circle, Douglas Road, and Red Road, and other primary streets: driveways, curb cuts, vehicular use areas, and loading entries accessed from the street shall not be permitted.
- Porte-cocheres are prohibited at the front of the property and facing any street, and shall be restricted to the interior of the block.
- Pavements of driveways and vehicular use areas shall be a minimum of twenty-five (25%) percent permeable pavers.
- Off-street loading. Off-street loading shall be as per Article 10, Parking and Access.
- All loading and unloading areas and facilities shall be within fully enclosed areas with overhead doors, accessed only from alleys or side streets. Overhead doors shall remain closed when not in use and after hours.
- Where loading access is only possible from a street, the entry shall be part of the driveway and curb cut for parking and other vehicular use areas.
- Curb cuts for loading entrances shall be prohibited on Ponce de Leon Boulevard and East Ponce de Leon Boulevard, Miracle Mile, Giralda Plaza, Alhambra Circle, Lejeune Road, Douglas Road, and Red Road.
- Utilities and services. All utilities and services facilities requirements shall be as per Section 5-600, Sanitation and Equipment Screening, and as follows:
- All utilities on private property shall be installed underground in accordance with the City Code. Properties of 10,000 square feet or more shall bury existing above-ground utilities.
- All utilities and service facilities above ground, on the façade, and on roofs, including mechanical and electrical facilities shall be concealed or screened to hide the facilities. Screening materials may include landscaping, walls, fencing, and other appropriate materials, and shall achieve 100% opacity. The type of screening shall be approved at time of site plan review. Mechanical, electrical and other associated support service areas shall be located entirely within the structure.
- All equipment such as backflow preventers, Siamese connections, and the like, shall be placed within the line of the façade and shall not be in the front setback.
- All equipment such as exhaust fans, air conditioning units, and louvers may only face secondary streets and shall only be placed above the first floor.
- On the roof, a screen wall shall conceal all equipment except antennas from lateral view.
- Refuse and waste disposal facilities shall be enclosed within the building or structure it serves, and reflect the building’s architectural character and exterior finishes.
(Ord. No. 2024-04, 01/23/2024; Ord. No. 24-8057, 12/10/24)