Within the NRD-1, Article 9 of this Code shall apply, except as modified below. If such requirements conflict, NRD-1 requirements shall apply.

Wynwood Uses
The NRD-1 shall permit the following Uses as identifed within Section 4, Table 1:

1. COMMERCIAL
   Manufacturing-Enabled Retail: A facility primarily engaged in the manufacturing, processing, or assembly of goods and shall include on-premises retail sales.
   Art Gallery: A place of business primarily engaged in the display and sale of art work created on or off site, with works available for immediate purchase and removal from the premises.
2. CIVIC
   Privately-owned Public Open Space: A publicly accessible area on a private Lot that exceeds minimum Open Space requirements and shall be provided as a Civic Space Types standard within Article 4, Table 7 of this Code. This area shall be in connection with a ground floor Commercial Use.

Generally described as bounded by I-95 on the west, NW 29th Street on the north including parcels fronting NW 29th Street on the north between I-95 and NW 5th Avenue and between NW 2nd Avenue and N Miami Avenue, and the FEC Corridor on the east. The southern boundary is comprised of NW 20th Street between N Miami Avenue and NW 1st Place, and NW 22nd Street between NW 1st Place and I-95. Boundaries more specifically depicted on the Miami 21 Atlas.

The intent of the Neighborhood Revitalization District (NRD-1) is to establish a protective series of land development regulations to transition the existing Wynwood Industrial District into an active, diverse, mixed-use Neighborhood. The NRD-1 will also preserve the unique street art and Industrial characteristics of the current Wynwood District while promoting a 24-hour environment where people work, live, and play.

The Wynwood Neighborhood, originally operated as a manufacturing and logistic hub for the City of Miami, is in transition and is transforming into a globally recognized destination for art, fashion, innovation, and creative enterprise. It is vital that the Wynwood Neighborhood accommodate new Uses and Densities while creating new Public and private Open Space opportunities for its existing and future residents.

The effect of these NRD-1 regulations shall be to modify to the extent indicated herein:

a. Transect regulations included within the NRD-1 boundaries.

b. Definitions under Section 1.1 of the NRD-1, which are applicable only within the NRD-1.

c. Other standards and regulations otherwise generally applicable under this Code to those properties included within the NRD-1 boundaries.

d. Where standards set forth in a SAP conflict with standards set forth in the NRD-1, the standards in the SAP shall govern.

e. Where standards in the NRD-1 are silent, the underlying Miami 21 standards and requirements shall govern. At the time fixed rail transit services become available within the NRD-1 Boundaries, TOD benefits and regulations generally available in this Code and the City Code shall be made available except to the extent explicitly modified herein.

a. All new Buildings within the NRD-1 boundaries shall be referred to the Wynwood Design Review Committee (WDRC), which shall review the application on its design merits and compatibility with the neighborhood and provide its comments and recommendations to the Director, per Chapter 2 of the City Code.

Parking requirements met within the NRD-1 boundaries for T5, T6 and D1 Transect Zones may be provided on-site or off-site through a centralized Parking system or provided as payment-in-lieu into the Wynwood Parking Trust Fund in order to consolidate Parking, encourage walking, and reduce the burden on property owners of mandated Parking requirements on-site. Parking requirements for the NRD-1 identified within Section 4, Table 2 shall apply.

The intent of the Wynwood Public Benefits Program established in NRD-1 is to allow bonus Building Height in the T5-O, T6, and D1 Transect Zones in exchange for the developer’s contribution to specified programs that provide benefits to the Public within the NRD-1 boundaries. The Wynwood Public Benefits Program shall supersede the Public Benefits Program generally applicable in the City under Section 3.14 of this Code. No Building permit shall be issued for bonus Height and FLR until the Zoning Administrator has certified compliance with the provisions of this Section upon referral and assurance of compliance from all applicable departments. Certification shall be made only after a certified check has been deposited and cleared to the Wynwood Public Benefits Trust Fund or, for non-cash contributions, a binding commitment has been approved by the City Manager. The cash contribution shall be nonrefundable.

1. The proposed bonus Height shall be permitted in exchange for contributions to the NRD-1 for the following public benefits: Affordable/Workforce Housing, Public Parks and Open Space, Civic Space or Civil Support space, Cross-Block Connectivity and Civic Street Type Right-of-Way Enhancements. The City shall establish a Wynwood Public Benefits Trust Fund for the collection of cash contributions for Affordable/Workforce Housing and Public Parks and Open Space. The Wynwood BID shall annually decide the allocation of funds from the funds collected under this section. Expenditures of these funds shall be in accordance with the Wynwood Public Benefits Trust Fund as defined in Chapter 62 of the City Code.
   
   Definitions
   1. Affordable/Workforce Housing shall mean: housing available to families which meet the qualifications as established by Section 13-5 of the City Code.
   2. Public Parks and Open Space shall mean: Open Space meeting the standards of Article 4, Table 7 of this Code.
   3. Civic Space or Civic Support Use shall mean: a Building Function defined within Article 1,Section 1.1 f. of this Code.
   4. Cross-Block Connectivity shall mean: a Paseo, cross-Block Pedestrian Passage, or vehicular cross-Block passage that connects two (2) Thoroughfares, Corridors, or combination thereof; and is publicly accessible 24-hours a day and enforced covenant, in a form acceptable to the City Attorney.

   5. Civic Street Type Right-of-Way Enhancements shall mean: rights-of-way specifically identified within the Wynwood Streetscape Master Plan as streets differentiated by prioritizing open pedestrian space, mobility improvements (particularly cycling infrastructure), and the selection of iconic tree species. The woonerf designs will be iconic and emblematic of Wynwood by way of landscape, art, and resilience and provide new opportunities for Civic Space.

2. For the purposes of the Wynwood Public Benefits Program, the following criteria shall apply:
   1. Affordable/Workforce Housing. A Development project within the NRD-1 boundaries may provide any of the following or combination thereof:
      1. Affordable/Workforce Housing On-site: For each square foot of Affordable/Workforce Housing priced at or below eighty percent (80%) Area Median Income (including appurtenant shared space such as Parking and circulation) provided on site, the Development shall be allowed three (3) square feet of additional area up to the bonus Height as described in Section 3.4 (c). For each square foot of Affordable/Workforce housing priced above eighty percent (80%) Area Median Income (including appurtenant shared space such as parking and circulation) provided on-site, the development shall be allowed an equivalent amount of development Floor Area up to the bonus Height and FLR as described in Section 3.4(c).
      2. Affordable/Workforce Housing Off-site: For each square foot of Affordable/Workforce Housing (including appurtenant shared space such as Parking and circulation) provided off site, in a location within the City approved by the City Manager, the Development shall be allowed an equivalent square footage of additional area up to the bonus Height as described in Section 3.4 (c). No additional allowance or credit is given for the purchase of the site.
   2. Public Parks and Open Space. A Development project within the NRD-1 boundaries may provide any of the following or combination thereof:
      1. Dedication On-site: Public Open Space, in addition to required Open Space, may be provided on-site in a location and of a design to be approved by the Planning Director. For each square foot of dedicated Public Park or Open Space provided, the Development shall be allowed an equivalent amount of Development Floor Area up to the bonus Height described in Section 3.4 (c). The project shall maintain the Frontage requirements of the Transect Zone set forth within Section 3.3.1 (b). The Open Space may be a Civic Space Type. See Article 4, Table 7 of this Code.
      2. Dedication Off-site: For dedication of Public Park or Open Space provided off-site within the NRD-1 boundary, the Development shall be allowed two (2) times the Development Floor Area of provided land up to the bonus Height described in Section 3.3 (c). The Open Space may be a Civic Space Type as more fully described in Article 4, Table 7 of this Code.
   3. Civic Space and Civil Support Uses. For a Development project within the NRD-1 boundaries that donates a Civic Space or Civil Support Use on site to the City, an additional two (2) square feet of area for each square foot of donated Building Floor Area for use, up to the bonus Height described in Section 3.4(c), shall be allowed.
   4. Cross-Block Connectivity. In efforts to further improve neighborhood connectivity and connections through the District, a Development project within the NRD-1 boundaries that provides a Paseo, cross-Block Pedestrian Passage, or vehicular cross-Block passage, which is at any point more than two-hundred fifty (250) feet from the nearest Thoroughfare intersection, further than five-hundred (500) feet from any other Paseo or cross-Block Pedestrian Passage, or aligned with another cross-block Pedestrian Passage or Paseo across a Thoroughfare to an adjacent property, connects two (2) Thoroughfares, and is publicly accessible 24-hours a day or reduced hours by process of Waiver, additional floor area shall be allowed as follows:
      1. For portions of provided Cross-Block Connectivity that are roofed, the Development shall be allowed an equivalent amount of Development Floor Area up to the bonus Height described in Section 3.4 (c).
      2. For portions of provided Cross-Block Connectivity that are open to the sky, the Development shall be allowed five (5) times the Development Floor Area up to the bonus Height described in Section 3.4 (c).
   5. Civic Street Type Right-of-Way Enhancements. The Wynwood Streetscape Master Plan designation of Civic Street Types including NW 3 Avenue, NW 1 Avenue, and NW 1 Place Woonerfs and NW 29 Street, NW 5 Avenue, NW 27 Terrace, and NW 28 Street has positioned these roads as landmarks within the District. The Woonerf designs will be iconic and emblematic of Wynwood by way of landscape, art, and resilience and provide new opportunities for Civic Space. In efforts to construct Woonerfs and other specialized Civic Street Types throughout the District as identified within the Wynwood Streetscape Master Plan, a Development project within the NRD-1 boundaries may provide any of the following or combination thereof:
      1. For each square foot of constructed Civic Street Type Right-of-Way Improvements beyond standard Department of Resilience and Public Works right-of-way improvements required by Section 54-56 of the City Code, the Development shall be allowed two (2) times the Development Floor Area up to the bonus Height described in Section 3.4(c).
      2. For a cash contribution to the Right-of-Way Improvement Trust Fund, the Development project shall be allowed additional Floor Area up to the bonus Height described in Section 3.4(c). The cash contribution shall be determined by criteria set forth within Section 8.1.d.
   6. Trust Fund contribution. For a cash contribution to the Wynwood Public Benefits Trust Fund, the Development project shall be allowed additional Floor Area up to the bonus Height described in Section 3.4 (c). The cash contribution shall be determined based on a percentage of the market value of the per square foot price being charged for units at projects within the market area where the proposed project seeking the bonus is located. The calculation assumes a land value per saleable or rentable square foot within market area to equate to between ten percent (10%) to fifteen percent (15%) of the market area’s weighted average sales price per square foot. The cash contributions shall be adjusted on an annual basis to reflect market conditions effective October 1 of every year.
3. Bonus Building Height shall be permitted if the proposed Development contributes toward the specified public benefits, above that which is otherwise required by the NRD-1, in the amount and in the manner set forth herein.
   1. T5-L: five (5) Story maximum, bonus to eight (8) Stories; the first additional floor of Development Height shall only be permitted through Public Benefits for Affordable/Workforce Housing, Public Parks and Open Space, Civic Space Type, Civil Support Use, Cross-Block Connectivity, and/or cash contributions to the Wynwood Public Benefits Trust Fund. Additional bonus Height may be achieved through Public Benefits or through the Wynwood TDR Program.
   2. T5-O: five (5) Story maximum, bonus to eight (8) Stories; the first additional floor of Development Height shall only be permitted through Public Benefits for Affordable/Workforce Housing, Public Parks and Open Space, Civic Space Type, Civil Support Use, Cross-Block Connectivity, and/or cash contributions to the Wynwood Public Benefits Trust Fund. Additional bonus Height may be achieved through Public Benefits or through the Wynwood TDR Program.
   3. T6-8: eight (8) Story maximum, bonus to twelve (12) Stories; the first half (rounded up) of additional floors of Development Height shall only be permitted through Public Benefits for Affordable/Workforce Housing, Public Parks and Open Space, Civic Space Type, Civil Support Use, and/or cash contributions to the Wynwood Public Benefits Trust Fund. Additional bonus Height may be achieved through public benefits or through the Wynwood TDR Program.
   4. D1: eight (8) Story maximum, bonus to ten (10) Stories; the additional floors of Development Height shall only be permitted through public benefits for Affordable/Workforce Housing, Public Parks and Open Space, Civic Space Type, Civil Support Use, and/or cash contributions to the Wynwood Public Benefit Trust Fund.

For the following tables, the below order of operations shall apply:

1. Calculate required parking by Use.
2. Apply the shared parking standard, Section 4, Table 3 Parking and Loading.
3. Apply any applicable parking reduction provisions (i.e. transit related reductions).
4. Apply payment-in-lieu and/or bicycle exchange factor, as applicable.

*Pursuant to Section 3.1.1 Parking Program

*Pursuant to Section 3.1.1 Parking Program

1. Building Disposition
   1. Lot Coverage by any Building shall not exceed eighty percent (80%) of Lot Area. Additional Lot Coverage may be approved up to ninety percent (90%) if the applicant satisfies at least one (1) of the following conditions:
      Flexible Lot Coverage Program
      1. Provision of a Roof Terrace in an amount of square footage equivalent to four (4) times the gross Lot Area obtained from increased Lot Coverage or twenty percent (20%) of the Building roof surface area, whichever amount is greater.
      2. Open Space provided off-site, within the NRD-1 boundaries, at an amount equal to the square footage obtained from increased Lot Coverage. The Open Space shall be provided as a Civic Space Type standard within Article 4, Table 7 of this Code.
      3. A cash contribution to the Wynwood Public Benefits Trust Fund equivalent to the Development’s Floor Area obtained by increased Lot Coverage on a square foot basis. The value of this cash contribution will follow the provisions described in Section 3.4.6.
   2. Development Waiver associated with ten percent (10%) of any particular standard pursuant to Article 7, Section 7.1.2.5 shall not be permitted for Lot Coverage within NRD-1.
   3. For sites with 250 feet Frontage length or more on a single Frontage, a cross-Block pedestrian Paseo shall be provided as follows: If the Frontage Line of a site is at any point more than 250 feet from a Thoroughfare intersection or existing cross-Block pedestrian Paseo, the Building shall provide a cross-Block pedestrian Paseo. A cross-Block Pedestrian Passage is permitted by Waiver, in lieu of a required cross-Block pedestrian Paseo, with limited vehicular access for ingress/egress to a Parking Garage or passenger drop-off area, provided the distance separation from any Thoroughfare or existing Driveway is at least sixty (60) feet and appropriate pedestrian safety features are incorporated. A cross-Block Pedestrian Passage may be roofed for 100% of its length within the NRD-1, but roofed portions shall not be counted toward Open Space requirements. If the Frontage Line of a site is at any point 550 feet from a Thoroughfare intersection or another vehicular cross-Block passage, a vehicular cross-Block passage shall be provided.
2. Building Configuration
   1. Building Heights shall be measured in Stories and shall comply with Article 4, Table 2 and be as shown in Illustration 5.1, except as to bonus Height where applicable according to Sections 3.4 and 3.5 contained herein. For a ground floor retail Story with a total Height of twenty-five (25) feet, a parking level may be contained within the mezzanine space by Waiver if masked from the Frontage by a Liner Building or an art treatment of a design approved by the Director with the recommendation of the WDR, is provided for one hundred (100%) percent of that portion of the Facade. Louvers and other parking garage ventilation openings are not permitted along street Frontages within mezzanine space.
   2. A one (1) Story Building may be allowed through the Warrant process provided that the ground level Story is no less than fourteen (14) feet in Height and one of the following is provided or a combination thereof:
      i. Green Roof treatment no less than fifty percent (50%) of the ground Development Floor Area;
      ii. On-site Civic Space Type including landscaping consisting of pavement, lawn, and trees as provided within Article 4, Table 7 of this Code of an area no less than forty percent (40%) of the Development Floor Area; or
      iii. A cash contribution to the Wynwood Public Benefits Trust Fund equivalent to the Development Lot Area on which the one (1) Story Building is placed. The value of this cash contribution will follow the provisions described in Section 3.3(b)(5).
      
      Drive-through/Drive-in Facility Uses shall not be allowed in one (1) Story Buildings.

   3. Roof elements shall be permitted as follows:

      1. Mechanical equipment on a roof shall be visually concealed from ground-level and lateral views by parapets or screens of the minimum height necessary , but said parapets and screens shall not exceed ten (10 feet).

      2. Ornamental Building features, decorative elements, or similar Structures on a roof may extend up to twelve (12) feet in height.

      3. Trellises and fabric shade structures on a roof may extend up to twelve (12) feet in height.

      4. Stair and elevator,enclosures may extend up to eighteen (18) feet in height.

      5. Cooling towers and other non-Habitable Rooms on a roof may extend up to eighteen (18) feet in height and shall have a minimum setback of ten (10) feet from the Building Facades.

      6. Non-Habitable void space on a roof accommodating the depth of swimming pools; landscaping; decks; Extensive, Semi-Intensive, and Intensive Green Roof systems; transfer beams and other structural elements; and/or mechanical systems may extend up to six (6) feet in height. For the purposes of this subsection only, other permitted roof elements may extend above the vertical extent of the void space for the additional height specified. Non-Habitable void space may cover one hundred percent (100%) of the roof and shall not be counted as Public Benefit Floor Area.

      7. Habitable Spaces on the roof shall comply with the following requirements:

         1. may extend up to fourteen (14) feet in height and shall have a minimum setback of ten (10) feet from Building Facades;

         2. may be used as amenity or Commercial Uses identified within Section 4, Table 1 Building Function: Uses and shall provide associated outdoor roof programming;

         3. shall not be used as Residential Units, Lodging Units, or Office space; and

         4. shall be treated as Public Benefit Floor Area for the first twenty percent (20%) and 1.5 times Public Benefit Floor Area for the additional twenty percent (20%).

      8. Habitable Spaces, cooling towers and other non-Habitable Rooms, mechanical equipment, and stair and elevator enclosures on a roof may:

         1. cover up to twenty percent (20%) of the roof area; and

         2. cover an additional 20% of the roof area, not to exceed a total of forty percent (40%), subject to providing and maintaining at least one (1) of the following:

            1. An Intensive Green Roof of an equivalent size of the additional area is provided and maintained; and/or

            2. Art treatment exceeding the minimum standards in Section 5.1.e is provided and maintained, subject to compliance with the following requirements:

               1. a tangible creation of an Artist; and

               2. compatible with Wynwood’s neighborhood character; and

               3. located above the ground floor and visible from public thoroughfares; and

               4. approved by the Planning Director with the recommendation of the Wynwood Design Review Committee (WDRC).

      9. All roof elements shall be designed to:

         1. harmonize with the overall architectural intent of the building;

         2. mitigate any negative visual impacts of the additional height and massing on the roof, and

         3. comply with Article 4, Table 12 Design Review Criteria.

      10. All roof elements shall be designed and maintained to comply with Florida Building Code including, where possible, the use of Notice of Acceptance (NOA) products and any vegetated roof system shall be independent of the roof structure, to be verified by the Building Department.

   4. Streetscreens of a minimum height of five (5) feet, and fronting the Public Right-of-Way, shall be approved by the Planning Director with the recommendation of the WDRC. Said streetscreen shall provide a decorative effect or incorporate artistic treatment.

3. Building Function & Density
   Lots in T5 Transect Zones shall be permitted the maximum Density of 150 Dwelling Units per acre.
4. Parking Standards
   1. Primary Frontage. All Parking, including drop-off drives and Porte-cocheres, open Parking areas, covered Parking, garages, Loading Spaces and service areas shall be located within the Third Layer and shall be masked from the Frontage by a Liner Building or Streetscreen as illustrated in Article 4, Table 8. Parking may extend into the Second Layer above the first Story, or parking level contained within a mezzanine space, by Waiver, if an art, glass, or architectural treatment, of a design to be approved by the Director, with the recommendation of the WDRC, is provided for one hundred (100%) percent of that portion of the Façade. Surface Parking may extend into the Second Layer a maximum of twenty-five percent (25%) of the length of the Primary Frontage up to a maximum of fifty (50) feet.
   2. Secondary Frontage. All Parking, open Parking areas, covered Parking, garages, Loading Spaces and service areas shall be located in the Third Layer and shall be masked from the Frontage by a Liner Building or Streetscreen for a minimum of fifty percent (50%) of the length of the Frontage. Above ground Parking may extend into the Second Layer beyond fifty percent (50%) of the length of the Frontage, by Waiver, if an art, glass, or architectural treatment of a design to be approved by the Director is provided for that portion of the Facade.
5. Architectural Standards
   1. All newly constructed Principal Building Facades along Primary and Secondary Frontages shall:

      1. include and maintain Art covering a minimum of twenty-five percent (25%) of the entire Façade; and

      2. include and maintain Art covering a minimum of twenty percent (20%) of the first twelve (12) feet of the ground floor of the Facade above the ground floor; and

      3. include a minimum of seventy-percent (70%) Art or glass treatment at the sidewalk level of the ground floor.

   2. Art or glass treatment shall be of a design to be approved by the Planning Director with the recommendation of the Wynwood Design Review Committee (WDRC). Said design shall be accompanied with an Art Narrative to include the following information:

      1. Description of how the Art will be curated or artist will be selected;

      2. Description of how the WDRC Art Guidelines will be applied;

      3. Graphic illustration(s) portraying the placement of Art on the building with dimensions. A rendering of the proposed art concept, if available;

      4. Details of the proposed materials, execution, and lighting, as applicable;

      5. Summary of the proposed security measures, maintenance plan, and upkeep approach.

   3. Art shall follow the WDRC Art Guidelines published by the City of Miami or any other plan adopted thereafter.

6. Landscape Standards
   1. Open Space shall be a minimum of ten percent (10%) of the Lot Area.
   2. A Privately-owned Public Open Space area in connection with a ground floor Commercial Use that exceeds minimum Open Space requirements, shall be provided as a Civic Space Type standard within Article 4, Table 7 of this Code.
   3. The First Layer shall be hardscaped to match the Public Frontage as described within the adopted Wynwood Streetscape Master Plan. All improvements within the Public Right-of-Way shall comply with Section 8 — Wynwood Streetscape Master Plan.

1. Building Disposition
   1. Setbacks for Buildings shall be as shown in Illustration 1.7.2. Frontage Setbacks above the eighth floor for Lots having Depth measuring one hundred (100) feet or less may be a minimum of zero (0) feet by Waiver. At Property Lines Abutting a lower Transect Zone, the Setbacks shall reflect the transition as shown in Illustration 1.7.2.
   2. The Frontage Setbacks above the eighth floor shall not be required for a Frontage facing a Right-of-Way seventy (70) feet or greater in width, as described within Section 1.13 NRD-1 Street Master Plan.
   3. Above the eighth floor, minimum Building spacing is twenty (20) feet.
   4. For sites with 250 feet Frontage length or more on a single Frontage, a cross-Block pedestrian Paseo shall be provided as follows: If the Frontage Line of a site is at any point more than 250 feet from a Thoroughfare intersection or existing cross-Block pedestrian Paseo, the Building shall provide a cross-Block pedestrian Paseo. A cross-Block Pedestrian Passage is permitted by Waiver, in lieu of a required cross-Block pedestrian Paseo, with limited vehicular access for ingress/egress to a Parking Garage or passenger drop-off area, provided the distance separation from any Thoroughfare or existing Driveway is at least sixty (60) feet and appropriate pedestrian safety features are incorporated. A cross-Block Pedestrian Passage may be roofed for 100% of its length within the NRD-1, but roofed portions shall not be counted toward Open Space requirements. If the Frontage Line of a site is at any point 550 feet from a Thoroughfare intersection or another vehicular cross-Block passage, a vehicular cross-Block passage shall be provided.
   5. Lot Coverage by any Building shall not exceed that shown in Illustration 5.2.
      Flexible Lot Coverage Program
      Additional Lot Coverage may be approved up to ninety percent (90%) if the proposed Development satisfies at least one (1) of the following conditions:
      1. Provision of a Roof Terrace in an amount of square footage equivalent to four (4) times the gross Lot Area obtained from increased Lot Coverage or twenty percent (20%) of the Building roof surface area, whichever amount is greater.
      2. Open Space provided off-site, within the NRD-1 boundaries, at an amount equal to the square footage obtained from increased Lot Coverage. The Open Space shall be provided as a Civic Space Type standard within Article 4, Table 7 of this Code.
      3. A cash contribution to the Wynwood Public Benefits Trust Fund equivalent to the Development’s Floor Area obtained by increased Lot Coverage on a square foot basis. The value of this cash contribution will follow the provisions described in Section 3.4.6.
2. Building Configuration
   1. Above the eighth floor, the Building Floorplate dimensions shall be limited as follows:
      1. 18,000 square feet maximum for Residential & Lodging Uses.
      2. Additional Residential Floorplate dimensions not to exceed 30,000 square feet maximum may be obtained by Waiver from transferring an equivalent amount of Floorplate area located between the third and eighth Story along a Building Principal Frontage.
      3. 30,000 square feet maximum for Commercial Uses and for parking
      4. 180 feet maximum length for Residential & Lodging Uses
      5. 215 feet maximum length for Commercial Uses
      6. Balconies or any other exterior projections shall not project by a distance greater than twelve (12) feet beyond the Building Floorplate maximum length in any direction
      7. Balconies shall not encroach more than five (5) feet into the minimum required Building spacing dimensions as required by Section 5.6.1.h; no Waivers shall be applied to this provision
   2. Building Heights shall be measured in Stories and shall comply with Article 4, Table 2 of this Code and be as shown in Illustration 5.2, except as to bonus Height where applicable according to Sections 3.4 and 3.5 contained herein. For a ground floor retail Story with a total height of twenty-five (25) feet, a parking level may be contained within the mezzanine space by Waiver if masked from the Frontage by a Liner Building or an art treatment of a design approved by the Director with the recommendation of the WDRC is provided for one hundred (100%) percent of that portion of the Facade. Louvers and other parking garage ventilation openings are not permitted along street Frontages within mezzanine space.

   3. Roof elements shall be permitted as follows:

      1. Mechanical equipment on a roof shall be visually concealed from ground-level and lateral views by parapets or screens of the minimum height necessary , but said parapets and screens shall not exceed ten (10 feet) in height for T6-8.

      2. Ornamental Building features, decorative elements, or similar Structures on a roof may extend up to twelve (12) feet in height for T6-8.

      3. Trellises and fabric shade structures on a roof may extend up to fourteen (14) feet in height.

      4. Stairand elevator enclosures, on a roof for T6-8 may extend up to eighteen (18) feet in height.

      5. Cooling towers and other non-Habitable Rooms on a roof may extend up to eighteen (18) feet and shall have a minimum setback of ten (10) feet from the Building Facades.

      6. There shall be no height limitation for ornamental elements, stair and elevator enclosures, mechanical equipment, or cooling towers on a roof for a T6-12 Transect Zone or above.

      7. Non-Habitable void space on a roof accommodating the depth of swimming pools; landscaping; decks; Extensive, Semi-Intensive, and Intensive Green Roof systems; transfer beams and other structural elements; and/or mechanical systems may extend up to six (6) feet in height. For the purposes of this subsection only, other permitted roof elements may extend above the vertical extent of the void space for the additional height specified. Non-Habitable void space may cover one hundred percent (100%) of the roof and shall not be counted as Public Benefit Floor Area.

      8. Habitable Spaces above the top Story shall comply with the following requirements:

         1. may extend up to fourteen (14) feet in height and shall have a minimum setback of ten (10) feet from Building Facades;

         2. may be used as amenity or Commercial Uses identified within Section 4, Table 1 Building Function: Uses and shall provide associated outdoor roof programming;

         3. shall not be used as Residential Units, Lodging Units, or Office space; and

         4. shall be treated as Public Benefit Floor Area for the first twenty percent (20%) and 1.5 times Public Benefit Floor Area for the additional twenty percent (20%).

      9. Habitable Spaces, cooling towers and other non-Habitable Rooms, mechanical equipment, and stair and elevator enclosures on a roof may:

         1. cover up to twenty percent (20%) of the roof area; and

         2. cover an additional 20% of the roof area, not to exceed a total of forty percent (40%), subject to providing and maintaining at least one (1) of the following:

            1. An Intensive Green Roof of an equivalent size of the additional area is provided and maintained; and/or

            2. Art treatment exceeding the minimum standards in Section 5.1.e is provided and maintained, subject to compliance with the following requirements:

               1. a tangible creation of an Artist;

               2. compatible with Wynwood’s neighborhood character;

               3. located above the ground floor and visible from public thoroughfares; and

               4. approved by the Planning Director with the recommendation of the Wynwood Design Review Committee (WDRC).

      10. All roof elements shall be designed to:

          1. harmonize with the overall architectural intent of the building;

          2. mitigate any negative visual impacts of the additional height and massing on the roof; and

          3. comply with Article 4, Table 12 Design Review Criteria.

      11. All roof elements shall be designed and maintained to comply with Florida Building Code including, where possible, the use of Notice of Acceptance (NOA) products and any vegetated roof system shall be independent of the roof structure, to be verified by the Building Department.

   4. Walkway connections for circulation between Towers shall be non-Habitable Spaces. Walkway connections shall be excluded from, and not be considered as combining Building Floorplate dimensions required by this Section, so long as the walkway connection is located within the Third Layer, no greater than fifteen (15) feet in width, set back from the Façade a minimum of twenty (20) feet, walkway connections shall not be enclosed on the sides or, if enclosed, shall be one hundred percent (100%) glazed with clear glass, except for necessary structural elements. Projects providing walkway connections shall be required to comply with the minimum Building spacing requirements between towers as set forth in Appendix J, Section 5.2.a.3.
   5. Streetscreens of a minimum height of five (5) feet, and fronting the Public Right-of-Way, shall be approved by the Planning Director with the recommendation of the WDRC, said fence or wall shall provide a decorative effect;
3. Building Function & Density
   FLR limitations shall not apply to T6-8-O properties within the NRD-1.J.28
4. Architectural Standards
   1. All newly constructed Principal Building Facades along Primary and Secondary Frontages shall:

      1. include and maintain Art covering a minimum of twenty-five percent (25%) of the entire Façade; and

      2. include and maintain Art covering a minimum of twenty percent (20%) of the first twelve (12) feet of the ground floor of the Facade; and

      3. include a minimum of 70- percent (70%) Art or glass of the ground floor.

   2. Art or glass treatment shall be of a design to be approved by the Planning Director with the recommendation of the Wynwood Design Review Committee (WDRC). Said design shall be accompanied with an Art Narrative to include the following information:

      1. Description of how the art will be curated or artist will be selected;

      2. Description of how the WDRC Art Guidelines will be applied;

      3. Graphic illustration(s) portraying the placement of art on the building with dimensions. A rendering of the proposed art concept, if available;

      4. Details of the proposed materials, execution, and lighting, as applicable;

      5. Summary of the proposed security measures, maintenance plan, and upkeep approach.

   3. Art shall follow the WDRC Art Guidelines published by the City of Miami or any other plan adopted thereafter.

5. Landscape Standards
   The First Layer shall be hardscaped to match the Public Frontage as described within the adopted Wynwood Streetscape Master Plan. All improvements within the Public Right-of-Way shall comply with Section 8 — Wynwood Streetscape Master Plan.

Within the NRD-1, Article 9 of this Code shall apply, except as modified below or within the Wynwood Streetscape Master Plan. If such requirements conflict, NRD- 1 requirements shall apply.

All required or provided surface off-street Parking facilities and Parking lots shall be landscaped in accordance with the following standards, which supersede Section 9.8 of this Code:

1. In order to maximize the distribution of shade, trees shall be planted throughout the interior of the Parking Lot at a minimum density of one (1) tree per eighty (80) square feet of landscaped area, exclusive of Parking lot buffers.
2. For each row of parking there shall be landscaped areas with trees within the first ninety (90) linear feet, and one (1) landscaped area provided with a tree for each additional ninety (90) linear feet. When a minimum six (6) foot clear landscape area is provided between two (2) rows of parking, the landscape areas with trees every ninety (90) linear feet is not required. This six (6) foot wide landscape area shall be planted with trees no greater than thirty (30) feet on-center.
3. For each row of parallel parking there shall be a minimum of two (2) landscape areas with trees within the first seventy-five (75) linear feet, and one (1) landscape area with a tree for each additional seventy-five (75) linear feet. The landscape areas shall be equally spaced wherever possible.
4. All required trees shall be of an approved shade tree variety which shall attain a minimum mature crown spread greater than fifteen (15) feet.
5. All parking lots adjacent to a Right-of-Way or private street shall be screened by a continuous planting or three (3) foot high wall with a five (5) foot landscaped strip incorporating said planting or wall on private property.
6. fScreening shall be provided when parking stalls, access aisles, or driveways are located along any side or rear lot line. The screen shall be landscaped with a continuous hedge, and with trees no greater than thirty (30) feet on center, when the landscaped area does not abut a parking row. In certain instances, a solid and continuous wall or fence, a minimum of five (5) feet in height, may be used in lieu of the landscape area, and shall be designed such a way as to provide a decorative effect.
7. Any newly constructed wall or fence of a minimum height of five (5) feet, and fronting the Public Right-of-Way, shall be approved by the Planning Director with the recommendation of the WDRC. Said fence or wall shall provide a decorative effect or incorporate artistic treatment.

The following Sign standards shall apply within NRD-1 for T5, T6, and D1 Transect Zones.

1. Painted Wall Signs as defined within Article 1, Section 1.3 and Article 10, Table 15 shall be allowed by Right.
2. All other Building Identification and Business Identification Signs shall be subject to Article 10, Table 15 Sign Design Standards and approved by the Director with the recommendation of the WDRC.
3. Any Signs, including digital kiosks, located within the Public Right-of-Way shall be approved by the Department of Resilience and Public Works with the recommendation from the Wynwood BID.

Wynwood is transitioning from an industrial district into an active, diverse, mixed-use neighborhood. The current character of the neighborhood is demarcated, traversed, and connected by atypical block compositions and narrow rights-of-way attributed to the industrial past. The neighborhood' s predominately zoned fifty-foot ( 50') rights-of-way combined with a high percentage of nonconforming parcels makes it a challenge to balance feasible development and an adequate pedestrian environment.

The NRD-1 Streetscape Master Plan creates a series of rights-of-way, establishes appropriate Setback areas and ideal sidewalk conditions to promote pedestrian activity for the future of Wynwood. Right-of-Way Street Types have been established by the City's Planning Department and Resilience and Public Works Department and applied to Wynwood's Thoroughfare network based on right-of-way width and conditions as identified in Illustration 8.3: Guidelines to specific street types. The NRD-1 Streetscape Master Plan also serves as a set of Design Guidelines establishing a blueprint for a " living street" consisting of street trees and other streetscape enhancements.

1. NRD-1 Street Hierarchy
   The NRD-1 Street Master Plan acknowledges the relative importance of several significant Corridors known as Wynwood Corridors and NRD-1 Corridors. Due to their importance, these Corridors are given established setback provisions that are different from that of the underlying Transect Zone.
2. NRD-1 Setbacks

   NRD-1	STREETS	SETBACKS
   Wynwood Corridors	NW 29th Street NW 20th Street	For a Development 12 Stories or less, the Principal Frontage and Secondary Frontage is ten (10) feet; and fifteen (15) feet min. above 8th Story. Unless otherwise specially provided in Miami 21 Zoning Code, Section 5.6.1.g and Appendix J, Section 5.2.a.2 for Setbacks above the 8th Story. For a Development 13 Stories or more, Principal Frontage Setback is ten (10) feet; and twenty (20) feet min. above 8th Story. Unless otherwise specially provided in Miami 21 Zoning Code, Section 5.6.1.g and Appendix J, Section 5.2.a.2 for Setbacks above the 8th Story.
   NRD-1 Corridors	NW 2nd Avenue NW 5th Avenue	For a Development 12 Stories or less the Principal Frontage Setback is zero (0) feet; and fifteen (15) feet min. above 8th Story. Unless otherwise specially provided in Miami 21 Zoning Code, Section 5.6.1.g and Appendix J, Section 5.2.a.2 for Setbacks above the 8th Story. For a Development 13 Stories or more Principal Frontage Setback is ten (10) feet; and twenty (20) feet min. above 8th Story. Unless otherwise specially provided in Miami 21 Zoning Code, Section 5.6.1.g and Appendix J, Section 5.2.a.2 for Setbacks above the 8th Story.
   Wynwood Thoroughfares	All the other street right-of-way within NRD-1 that are not specified as Corridors above	For a Development 12 Stories or less the Principal Frontage and Secondary Frontage is five (5) feet; and fifteen (15) feet min. above 8th Story. Unless otherwise specially provided in Miami 21 Zoning Code, Section 5.6.1.g and Appendix J, Section 5.2.a.2 for Setbacks above the 8th Story. For a Development 13 Stories or more Principal Frontage Setback is ten (10) feet; and twenty (20) feet min. above 8th Story. Unless otherwise specially provided in Miami 21 Zoning Code, Section 5.6.1.g and Appendix J, Section 5.2.a.2 for Setbacks above the 8th Story.

3. Alternative Rights-of-Way

   Alternative right-of-way sections have been created for thoroughfares between fifty (50) and one hundred (100) feet in width. A Woonerf has also been provided as an alternative right-of-way type and applied to several locations throughout the NRD-1. The application of these Alternative right-of-way conditions can be seen within the Streetscape Master Plan Volume 1: Design Guidelines.

4. NRD-1 Streetscape Master Plan Contribution

   1. Street Tree Contribution:
      For street tree placement along Wvnwood Thoroughfares and Wvnwood/NRD Corridor, the applicant shall provide street trees pursuant to Streetscape Master Plan Volume 1: Design Guidelines. For adaptive reuse projects that have limited verge space less than four (4) feet in width, projects shall provide a cash contribution into the Wynwood Public Benefit Trust Fund for the sum of three thousand dollars ($ 3,000.00) for each street tree required along a corridor Frontage.

   2. Right-of-Way Improvement Contribution:
      For a development project exceeding $ 1, 000, 000. 00 in total value along a Wynwood Thoroughfare or Wynwood/ NRD Corridor, the applicant shall provide enhanced Right-of-Way improvements pursuant to Streetscape Master Plan Volume 1: Design Guidelines. If improvements cannot be achieved by a development, projects may provide a cash contribution into the Enhanced Right-of-Way Improvement Trust Fund in the total amount anticipated for the Right-of-Way improvements identified within Volume 2: Data, Analysis, and Illustrations.

The NRD- 1 Streetscape Guidelines shall serve as a set of requirements to improve and enhance Right-of-Way conditions. These enhancements are in conjunction with the overall intent established in the NRD-1 and will provide provisions for street trees and landscape, paving materials and hardscape, and furnishing and lighting elements.

The NRD- 1 Streetscape Guidelines consist of the following volumes and shall be maintained by the Planning Department:

Volume 1: Guidelines Master Plan

Volume 2: Data, Analysis and Illustrations

Volume 3: Design Resources

Volume 4: Schematic Design Sets

Lot assembly shall require a Unity of Title or covenant in lieu of Unity of Title in a form acceptable to the City Attorney. Contiguous Lots in one (1) ownership, as of the effective date of this Code, may be developed as one (1) Lot in excess of the maximum Lot size. Development of contiguous lots under common ownership or assembled via a covenant in lieu of Unity of Title for one (1) or more Principal Buildings may exceed maximum lot area by Warrant for Uses that serve the neighborhood and upon determination of compliance with neighborhood compatibility performance criteria set forth below:

1. Building Facades on Primary and Secondary Frontages shall emphasize activated ground floor Habitable Space and incorporate façade treatments that are compatible with the neighborhood character and implement variations in facades through art, glass, or architectural treatments and materials of a design approved by the Planning Director with the recommendation of the WDRC.

2. Provides for native specimen street trees within the verge with a DBH of 25% above the typical standards required by the WSMP and Chapter 17 of the City Code; and

3. Incorporates one of the following public benefits for the community within the NRD-1 boundary:

   a. A Cross-Block Pedestrian Passage, at least fifty percent (50%) open to the sky, which connects at least two (2) Thoroughfares or which is aligned so as to connect with another Paseo or Cross-Block Pedestrian Passage across a Thoroughfare to the subject property and is publicly accessible 24-hours a day or reduced hours by process of Waiver;

   b. In addition to required Open Space, a minimum of 10% or 5,000 square feet of gross lot area, whichever is greater, as Civic Space Type donated as a plaza or courtyard and publicly accessible seven (7) days per week;

   c. A transit transfer station with direct pedestrian access from a primary or secondary frontage and no less than 5,000 square feet of enclosed space on ground Floor for micro-mobility and paratransit with direct service to a transit station, including publicly accessible sanitary facilities and lockers available to the general public; or

   d. Contribution to the NRD-1 Wynwood Public Benefits Trust Fund may be utilized for up to 20% at an amount equivalent to the balance of the square feet otherwise required for compliance with Section 3.1.1.3.a – c. above.

1. Applicability of Parking Relaxations.
   1. Off-site parking
      Parking requirements may be satisfied off-site within a Parking Structure that shall be within1,000 feet of the nearest point on the parcel of land of the proposed Development site. On-street parking available along the Frontage Lines that correspond to each Lot shall not be counted toward the parking requirement of any new Development on the Lot.
      
      An applicant requesting Parking off-site within a Parking Structure shall provide a Parking covenant, in a form acceptable to the City Attorney, to be recorded against the proposed Parking Structure site prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for the Development site, as applicable. The covenant shall, at a minimum, memorialize the Property location and number of spaces of the proposed Development site for which the Parking Structure provides such parking availability. The applicant may request the removal or modification of a Parking covenant upon such time that the City Parking requirements are reduced or mass transit conditions are modified in a way that may facilitate additional Parking space reductions, or the required parking being provided off-site is otherwise satisfied on-site, off-site or through payment of fees in lieu, if applicable.
   2. Nonconforming Off-street Parking; Adaptive Use
      Changes to site improvements shall be subject to regulations set forth in Section 7.2.8.a of this Code. Notwithstanding the establishment of the Wynwood Parking Trust Fund, the Use or Adaptive Use of any Building shall not require the provision of additional Parking, loading, or on-site stormwater detention or retention. Where existing Off-street Parking or loading is nonconforming to the requirements of this Code, as modified by Section 4, Table 2 herein, no modifications shall be permitted which increase the degree of the existing nonconformity. Modifications to the facilities may be approved by Waiver, and the Waiver may be conditioned on safeguards that reduce the degree of the nonconformity to the extent reasonably feasible.
   3. Parking relaxations
      Parking relaxations generally available in this Code and the City Code shall be available within the NRD-1 boundaries, except to the extent explicitly modified herein.
   4. Payment-in-lieu of providing Parking;
      Parking may be satisfied through payment-in-lieu process into the Wynwood Parking Trust Fund permissible for each Use as provided in Section 4, Table 2, and may be supplemented as provided below:
      For Adaptive Use Structures incorporating new Building Capacity less than fifty percent (50%) of the total square footage of the existing Structure and not to exceed 20,000 square feet of new Floor Area, Parking requirements for any permitted Use may be fully satisfied through payment-in-lieu of parking on-site as provided within Section 4, Table 2; and
      For new Development which does not require a loading berth, the first sixty (60) spaces of required Parking may be fully satisfied through payment-in-lieu of parking on-site as provided within Section 4, Table 2.
2. Mechanical parking facilities within Parking Structures shall be allowed by Right within the NRD- 1 boundaries. Parking spaces within these facilities shall be calculated based on the number of vehicles accommodated by said Parking Structure.
3. Parking covenants as described in this Code and payment-in-lieu shall be processed as described within Chapter 35 of the City Code.
4. Prior to the end of the three (3) years from the effective date of these NRD-1 Regulations, the Director and Zoning Administrator shall review the parking standard for Dwelling Units 650 square feet or less, based on a district-wide parking and transportation study and may make a recommendation to modify the parking standard if such a study demonstrates a different demand.

Loading standards are set forth in Section 4, Tables 2 and 3, except as modified below:

1. On-street loading for all Transect Zones within NRD-1 may be allowed in areas designated by signage and for limited intervals during specified hours.
   Office, Commercial, Lodging, and Residential Loading.
   
   On-street loading areas intended to service Office, Commercial, Lodging and Residential loading berth requirements described within Article 4, Table 3 may be permitted within specifically designated zones along Wynwood Thoroughfares within 500 feet of the Development site. On-street loading within such designated zones shall not exceed 20 minutes. Such loading activity shall occur only between times posted.
2. For the purpose of loading maneuverability for future Development within the NRD-1, the follow- ing criteria shall apply to on-site loading berths:
   1. Turning movements associated with one (1) on-site loading berth per Development may be made on-street, except along Wynwood Corridors.
   2. Turning movements associated with more than one (1) on-site loading berth per Development may be permitted on-street by Warrant, except along Wynwood Corridors.

The District is demarcated, traversed, or connected by important Thoroughfares and Corridors that provide opportunities for future Development. Wynwood Thoroughfares and Corridors have potential to increase Development Capacity, provide ideal locations for increased Building Height, and promote higher Commercial Use activities.

1. Improvements and new Development along Wynwood Thoroughfares and Corridors within the NRD-1 boundaries shall conform to the following pedestrian safety and comfort standards unless otherwise specified herein:
   1. A Dominant Setback Waiver shall not be permitted in order for new Developments to establish a uniform streetscape with sidewalk conditions that promote pedestrian activity.
   2. Uses to be developed on these Thoroughfares and Corridors shall promote pedestrian activity, such as General Commercial, Open Air Retail, and other ground floor retail Uses.
   3. The number and dimensions of curb cuts and Driveways shall be minimized to reduce pedestrian/vehicular conflicts up to the minimum permissible by the controlling jurisdiction.
   4. Right-of-way sections for distinct categories of Thoroughfares and Corridors have been identified within the NRD-1 Streetscape Master Plan to establish ideal sidewalk conditions, achieving an enhanced pedestrian experience within the NRD-1.
2. NRD-1 Setbacks:
   Refer to the NRD-1 Streetscape Master Plan described within Section 8 for specific setback conditions along Thoroughfares and Corridors within the NRD-1 boundary.

1. It is the intent of the Wynwood Transfer of Development Rights (TDR) Program to encourage the preservation of Legacy Structures and the establishment of Privately-Owned Public Open Space by creating a process whereby the otherwise unusable Development rights of Legacy Structure sites and Privately-Owned Public Open Space may be converted into an asset that may be sold to an eligible receiving sites located within the NRD-1 boundaries. The Wynwood TDR Program, permitted only within the NRD-1, will facilitate the transfer of Floor Area from Legacy Structure sites and Privately-Owned Public Open Space sites to encourage new Development that supports the character of Wynwood. Notwithstanding Chapter 23 of the City Code, no property may utilize any other TDR program that may be applicable under this Code or the City Code, shall be eligible within the NRD-1 boundaries, either as a sending property or receiving site except as allowed herein.
2. Owners of eligible properties may be issued a “certificate of eligibility” by the Director with the recommendation of the WDRC, that the property meets the criteria established by the Wynwood BID and defined below.
   1. Legacy Structure shall mean: An existing Building which is maintained and re-purposed by the property owner that contributes to the character of Wynwood. The Building must maintain its physical integrity so that it sufficiently conveys its original character; possesses integrity of design, setting, material, workmanship, feeling and association and meet at least one (1) of the following criteria:
      1. Is associated within a significant industry important to the City’s history;
      2. Exemplifies the Industrial past of the community; and,
      3. Provides public art that supports the character of Wynwood and is maintained in perpetuity.
   2. TDR exchange system:
      1. The owner of property improved with a Legacy Structure or Privately-Owned Public Open Space may sell or receive TDRs at any time.
      2. Developments within T5-O and T6 Transect Zones may receive TDRs to obtain additional bonus Building Height. In the T5-O Transect Zone, TDRs may only be acquired for a Building Height above the first floor of bonus Development Building Height. In a T6 Transect Zone, TDRs may only be acquired for half (rounded down) of a Development’s bonus Building Height.
   3. Legacy Structure sites selling TDRs must operate a Use permissible within the NRD-1. Legacy Structure sites and Privately-Owned Public Open Space sites shall not be preserved in perpetuity and may reacquire Development capacity from another Legacy Structure site or Privately-Owned Public Open Space site if available within the NRD-1 boundaries.

1. It is the intent of the Wynwood Transfer of Development Density (TDD) Program to encourage the development of Affordable/Workforce Housing, Civic Open Space, and Legacy Use Floor Area within a Legacy Structure by creating a process whereby the otherwise unusable Development Density of a New NRD-1 development site, Legacy Structure, or improved open space area may be converted into an asset that may be sold to eligible receiving sites located within the NRD-1 boundaries. The Wynwood TDD Program, permitted only within the NRD-1, will facilitate the transfer of Density from Existing or New NRD-1 Development Sites, Legacy Structures, and improved Open Space sites to encourage new residential development that supports the character of Wynwood. Notwithstanding Chapter 23 of the City Code, no property within the NRD-1 boundaries may utilize any other TDD program that may be applicable under this Code or the City Code, either as a sending property or receiving site except as allowed herein.
2. Owners of eligible properties as sending sites may be issued a “certificate of eligibility” by the Zoning Administrator if the property meets the criteria established by the Wynwood BID as defined below:
   1. Legacy Structure shall mean: See Section 3.5.1 criteria.
   2. New NRD-1 Development Site shall mean: Any primarily non-Residential development completed after September 2015 within the NRD-1 boundary.
   3. TDD exchange system:
      1. The owner of property improved with a New NRD-1 Development Site, Legacy Structure, or Privately Owned Public Open Space may sell TDDs at any time to new Development with Residential or Lodging uses within the NRD-1 Boundary up to fifty percent (50%) increase above allowable Density within T5-O, T5-L, and T6-8-O.

      2. New Developments with Residential or Lodging uses may receive up to fifty percent (50%) increase above allowable Density within T5-O, T5-L, and T6-8-O permitted through the participation in one of the following TDD Benefit Programs:

         1. Affordable Housing Payout
            Bonus Density shall be permitted for a Dwelling Unit less than 650 square feet or efficiency units and only if the Development contributes cash to the Wynwood Public Benefits Trust Fund in the amount of $20,000.00 per Dwelling Unit up to fifty percent (50%) increase beyond otherwise allowable maximum Density.

         2. Public Parks and Open Space
            Dedication Off-site: For dedication of Public Park or Open Space provided off-site within the NRD-1 boundary, the Development shall be allowed an equivalent amount of the Development Density up to the amount described in Section 3.5.2.b.3.ii. The Open Space may be a Civic Space Type as more fully described in Article 4, Table 7 of this Code.

         3. NRD-1 Legacy Structure and NRD-1 New Development Site.
            Both a Legacy Structure site and a New NRD-1 Development Site selling TDDs shall be allowed an equivalent amount of the site Development Density based on its Lot Area multiplied by the maximum Density permitted in the transect zone.

1. As a pre-requisite to qualify as a Wynwood Attainable Mixed-Income Development eligible for any of the special benefits described in Article 3, Section 3.15 of this Code, an applicant shall submit to the Office of Zoning:

   1. Certification by the City’s Housing and Community Development Department that the proposed Development will provide a minimum of forty percent (40%) of the Dwelling Units as Affordable Housing serving residents at or below sixty percent (60%) of AMI and the remainder of the Dwelling Units up to Market Rate Housing; or certification by the City’s Housing and Community Development Department that the proposed Development will provide a minimum of twenty percent (20%) of the Dwelling Units as Affordable Housing serving residents at or below fifty percent (50%) of AMI and the remainder of the Dwelling Units up to Market Rate Housing.

   2. A recorded covenant running with the land acceptable to the City and in a form acceptable to the City Attorney confirming the property will meet the criteria in subsection (1) above for a period of no less than thirty (30) years from the date of the issuance of a final Certificate of Occupancy. The covenant shall be automatically extended for periods of ten (10) years if any funds from the NRD-1 Wynwood Public Benefit Trust Fund are utilized and may be released only by a vote of the City Commission at a publicly noticed hearing.

2. Wynwood Attainable Mixed Income Development shall be provided all the flexibilities described in Article 3, Section 3.15 of this Code except as modified below.

   1. Any Development that meets the criteria in Section 3.5.3.a and provides a minimum of ten percent (10%) of the Dwelling Units as Extremely Low Income as defined herein shall be provided a one hundred percent (100%) Density bonus. The Development after the Density bonus shall maintain the Affordable and Market Rate Housing mix described in Section 3.5.3.a(1) and shall provide ten percent (10%) of the Dwelling Units as Extremely Low Income Housing for the entire Development.

   2. Any Development that meets the criteria in Section 3.5.3.a and provides a minimum of five percent (5%) of the Dwelling Units as Extremely Low Income as defined herein shall be provided a fifty percent (50%) Density bonus. The Development after the Density bonus shall maintain the Affordable and Market Rate Housing mix described in Section 3.5.3.a(1) and shall provide five percent (5%) of the Dwelling Units as Extremely Low Income Housing for the entire Development.

   3. The income restricted housing required under Section 3.5.3 can be fully or partially paid out into the Affordable Housing Trust Fund at the rate of $35,000.00 per required unit at sixty percent (60%) AMI, $55,000.00 per required unit at fifty percent (50%) AMI, and $75,000.00 per required unit at thirty percent (30%) AMI.

      1. A Wynwood Attainable Mixed Income Development that fully or partially pays out any income restricted housing required under this Section shall not be permitted to utilize Article 3, Section 3.15.4 or 3.15.5 of this Code. A Wynwood Attainable Mixed Income Development that fully pays out all its required income restricted housing shall not require the recorded covenant described in 3.5.3.a.2.