Wynwood Norte Uses

The NRD-2 shall permit the following Uses as identified within Section 4, Table 1:

COMMERCIAL

Art gallery: A for profit or not for profit place of business primarily engaged in the display and/or sale of art work created or produced on or off site, with works available for immediate purchase and removal from the premises, and can be used for purposes of public programming, and community education programs.

Manufacturing enabled retail: A facility primarily engaged in the manufacturing, processing, or assembly of goods and shall include on-premises retail sales.

Open Air Flex-Use: A neighborhood amenity space and retail sales establishment operated substantially in the open air limited to farmers market, Flea Markets, garden centers, Art gallery and the like. Uses not included are car sales, equipment sales, boat sales, and home and garden supplies and equipment.

CIVIC

Community Garden: a grouping of garden plots on an open-air lot that is primarily used for the small-scale cultivation and harvesting of fruits and vegetables, herbs and/or ornamental plants by and for consumption by residents, businesses or community organizations within the neighborhood; excluding raising of livestock, animal husbandry or other traditional agricultural production for wholesale distribution.

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.

OFFICE

Co-Working: A shared Office use with common amenities that permits access and use on a short-term contractual basis.

Micro-Retail: An individual retail sales establishment under 500 square feet of Habitable Space.

Retail Merchandising Unit: a freestanding structure open on one or more sides, fixed or portable, which may be connected to electricity and/or potable water, used for commercial purposes as an Open Air Flex-Use.

Generally described as bounded by I-95 on the west, I-195 on the north, North Miami Avenue on the east, and NW 29th Street on the south, excluding properties north of NW 29th Street located within the NRD-1 boundaries, as more specifically depicted on the Miami 21 Atlas.

The intent of the Neighborhood Revitalization District (NRD-2) is to establish a protective series of land development regulations to restore, enhance and grow the existing diverse, and mixed- use Wynwood Norte neighborhood, guided by and intended to implement the Wynwood Norte Community Vision Plan, pursuant to Resolution No. R-19-0472, adopted by the City Commission on November 21, 2019 (the “Community Vision Plan”).

Due to its location within the urban core and close proximity to Wynwood Arts District, Midtown, and Downtown Miami, Wynwood Norte has served for decades as a working class, live-work neighborhood for the broader City of Miami. The neighborhoods adjacent to Wynwood Norte have undergone significant transition and redevelopment in recent years, which could result in rapidly rising land prices and changes to the character of this neighborhood.

The Community Vision Plan – informed by broad input and participation from diverse stakeholders in the neighborhood – identifies goals, objectives and policy recommendations organized around four themes: Coming Home, Building Home, Getting Around, and Going Green. The NRD-2 is a neighborhood planning tool and set of land development regulations aimed at preserving and enhancing the neighborhood’s unique character while building on the neighborhood’s cultural, civic and educational assets to support and promote a healthy and vibrant multi-generational community. The standards are uniquely tailored to facilitating context-sensitive infill development, supporting a mix of quality housing, enhancing community resiliency, and creating an infrastructure to support local businesses, economic opportunities, reinvestment in public open space, and access to neighborhood-oriented services for current and future residents.

1. Projects within the NRD-2 boundaries in excess of 200,000 square feet of total Floor Area, and for specific design review including but not limited to art or architectural treatment of parking in the 2nd layer, or Development exceeding maximum lot area standards or maximum floorplate length, as specified herein, shall be referred to the Urban Development Review Board (UDRB) which shall review the application and provide its comments and recommendations to the Director, per Chapter 62 of the City Code. The Planning Director may refer an application to the UDRB for specific scope of review based on any reasonable purpose or concern about impact of a new development site on the established character of the neighborhood and any other design criteria or performance standards herein.
2. Applications for Warrants and other temporary or interim use permits pursuant to Chapter 62 of City Code shall be noticed to all property owners within 250 feet of the subject property, in addition to notice requirements generally required under Article 7, Section 7.1.2.4.b of Miami 21 or the City Code.
3. Residential Structures in a T4 Transect Zone that are demolished shall be replaced within the specified time frame below in order to maintain housing stock, reduce the proliferation of vacant lots, and encourage redevelopment. Unless a City of Miami Building Official determines demolition is required pursuant to Section 10-101(f) of the City Code, or the Unsafe Structures Panel orders demolition of the Building or Structure, the demolition of existing Residential Structures in a T4 Transect Zone shall comply with the following:
   1. Prior to issuance of a Demolition Permit for a Residential Structure, the Property Owner shall have submitted an application for a Master Building Permit with a complete set of construction drawings and shall have received pre-screen approval of such. The new construction shall include no less than the number of Dwelling Units existing on the Lot as of June 29, 2020; and
   2. Said Master Building Permit for new construction shall be obtained within one (1) year from date of demolition pursuant to the approved Demolition Permit. Failure to obtain said Master Building Permit is a violation of this Zoning Ordinance and penalties applied to the property pursuant to Chapter 2, Article X of the City Code; and
   3. A Temporary Certificate of Occupancy or Certificate of Occupancy shall be obtained within two (2) years of obtaining a Master Building Permit. Failure to obtain a Temporary Certificate of Occupancy or Certificate of Occupancy is a violation of this Zoning Ordinance and penalties applied to the property pursuant to Chapter 2, Article X of the City Code.
   4. All other city requirements pertaining to standards for maintenance of vacant lots including but not limited to Sec. 10-102 of the City Code shall be applicable and enforced.

Parking requirements met within the NRD-2 boundaries for T4, T5, and T6 Transect Zones may be provided on-site or off-site through a centralized Parking system or provided as payment-in- lieu into the applicable 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-2 identified within Section 4, Table 2 shall apply.

The intent of the Wynwood Norte Public Benefits Program established in NRD-2 is to allow bonus Building Height in the T4, T5, and T6 Transect Zones in exchange for the developer’s contribution to specified programs that provide benefits to the Public within the NRD-2 boundaries. The Wynwood Norte Public Benefits Program shall supersede the Public Benefits Program generally applicable in the City under Section 3.14 of this Code. The City’s Affordable and Attainable Mixed Income Housing Special Benefit Program, pursuant to Section 3.15 of this Code, shall be applicable within the NRD-2 boundaries. For T5 properties, maximum building height may exceed the standards in 3.15.4.a up to the maximum height applicable with bonus Height as set forth herein.

1. The proposed bonus Height shall be permitted in exchange for contributions to the NRD-2 for the following public benefits: Affordable/Workforce Housing, Public Parks and Open Space, Civic Space or Civil Support space, and Micro- Retail/Startup Space, Climate Adaptation and Resiliency Infrastructure. The City shall establish a Wynwood Norte NRD-2 Public Benefits Trust Fund for the collection of cash contributions in lieu of Affordable/Workforce Housing and Public Parks and Open Space, and the NRD-2 Public Benefits Trust Fund Committee shall annually recommend the allocation of funds collected under this section. Expenditures of these funds shall be in accordance with the Wynwood Norte NRD-2 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 Civil Support Use shall mean: a Building Function defined within Article 1, Section 1.1 f. of this Code.
   4. Micro-retail/Startup Space shall mean: Micro-retail Habitable Space reserved for a Commercial Use business owned by an NRD-2 resident, or Co- working Office Use providing no less than 5 free memberships for NRD-2 residents per 1,000 square feet of Habitable Space, or combination thereof. This shall be provided for a minimum of fifteen (15) years.
2. For the purposes of the Wynwood Norte Public Benefits Program, the following criteria shall apply:
   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 pertaining 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 and FLR as described in Section 3.3.c herein. For each square foot of Affordable/Workforce housing priced above eighty percent (80%) area median income (including pertaining 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 3.3.c herein.
   2. Public Parks and Open Space.
      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 above the minimum percentage required by these NRD-2 regulations, the Development shall be allowed an equivalent amount of Development Floor Area up to the bonus Height described in Section 3.3 (c). The project shall maintain the Frontage requirements of the Transect Zone set forth within Section 3.2.1 (b). The Open Space may be a Courtyard, Plaza or Cross Block Paseo through the site connecting two (2) Thoroughfares.
      2. Dedication Off-site: For dedication of Public Park or Open Space provided off-site within the NRD-2 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 Types and Civil Support Uses. For a Development project within the NRD-2 boundaries that donates a Civic Space Type or Civil Support Use on site to the City or to a nonprofit corporation, subject to a restrictive Covenant for not less than 30 years, an additional two (2) square feet of Development Floor Area for each square foot of donated space, up to the bonus Height described in Section 3.3 (c), shall be allowed.
   4. Micro-retail/Startup Space. For each square foot of Micro-retail/Startup Space. subject to a restrictive Covenant, the Development shall be allowed three (3) times the Development Floor Area up to the bonus Height described in Section 3.3 (c).
   5. Trust Fund contribution. For a cash contribution to the Wynwood Norte Public Benefits Trust Fund, the Development project shall be allowed additional Floor Area up to the bonus Height de- scribed in Section 3.3 (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-2, in the amount and in the manner set forth herein.
   1. T4-R: three (3) Story maximum, bonus to four (4) Stories; the additional floor of Development Height shall only be permitted by providing at least 10% of the residential units as 2-bedroom units priced at or below 80% of Area Median Income and 10% of the residential units as 2-bedroom units priced at or below 100% of Area Median Income.
   2. T5-L: five (5) Story maximum, bonus to six (6) Stories; the 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, Micro-Retail/Startup Space, and/or cash contributions to the Wynwood Norte Public Benefits Trust Fund. Additional bonus Height, if applicable, may be achieved through Public Benefits or through the Wynwood Norte TDR Program.
   3. 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, Micro-Retail/Startup Space, and/or cash contributions to the Wynwood Norte Public Benefits Trust Fund. Additional bonus Height may be achieved through Public Benefits or through the Wynwood Norte TDR Program.
   4. T6-8: eight (8) Story maximum, bonus to twelve (12) Stories; the first half of Bonus Development FLR shall only be permitted through Public Benefits for Affordable/Workforce Housing, Public Parks and Open Space, Civic Space Type, Civil Support Use, Micro-Retail/Startup Space, and/or cash contributions to the Wynwood Norte Public Benefits Trust Fund. Additional bonus Height may be achieved through public benefits or through the Wynwood Norte TDR Program.

1. It is the intent of the Wynwood Norte Transfer of Development Rights (TDR) Program to recognize and encourage the preservation and restoration of Legacy Structures by creating a process whereby the otherwise unusable Development rights of Legacy Structure sites may be converted into an asset that may be sold to an eligible receiving sites located within the NRD-2 boundaries. The Wynwood Norte TDR Program, permitted only within the NRD-2, will facilitate the transfer of Floor Area from Legacy Structure sites to encourage new Development that supports the character of Wynwood Norte. 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-2 boundaries, either as a sending property or receiving site except as allowed herein.
2. Owners of eligible properties may file an application and be issued a “certificate of eligibility” by the Director with the recommendation of the UDRB, upon determination that the property meets the criteria defined below.
   1. Legacy Structure shall mean: An existing Principal Building which is actively in use and maintained in good condition by the property owner that contributes to the character of Wynwood Norte. 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. Provides commercial uses for legacy grocery stores, food service establishments, and other independently-owned retail or neighborhood service.
      2. Provides for legacy community, educational, arts/cultural, or religious uses, and the facility or open space on the property is made accessible to Wynwood Norte residents on a regular basis.
      3. Provides affordable housing for Wynwood Norte residents.
   2. TDR exchange system:
      1. The owner of property improved with a Legacy Structure may sell or receive TDRs at any time so long as a certificate of eligibility has been issued for the Legacy Structure not to exceed the established maximum development capacity.
      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 the two upper floors of a Development’s bonus Building Height.
      3. In connection with the transfer of TDRs, a certificate of transfer (COT) shall be prepared by the owner or its authorized representative on a form approved by the Planning Department, identifying the maximum development capacity of the Legacy Structure contained in the COE, documenting all prior recorded transfers of TDRs, remaining TDRs and the current transfer to be effectuated. Upon approval of the COT, the owner shall at its cost record the COT in the Public Records of Miami-Dade County.
      4. Legacy Structure sites selling TDRs must operate a Use permissible within the NRD-2 within the applicable transect zone, as identified in Section 4, Table 1.
      5. Legacy Structure sites may be located within a T4, T5, T6 or CI transect zone, and designated only upon formal application by the property owner of record to the Planning Director. Legacy Structure sites designated as a historic site under Chapter 23 or other governmental agency may be subject to additional applicable standards or restrictions.

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.

These supplemental regulations are intended to provide additional criteria for certain specified uses within the Wynwood Norte NRD-2 boundaries. Article 6 of this Code shall apply unless otherwise superseded or modified herein.

1. The following Sign standards shall apply within NRD-2 for T5 and T6 Transect Zones.
   1. For structures with multiple Commercial or Office tenants, the owner of the property shall develop a master sign plan to standardize the appearance of the signage for each space and reduce visual clutter, which shall be approved prior to issuance of a Certificate of Use.
      
      A master sign plan shall include graphic depiction of general location of Business Identification Signs on Building Facades, with minimum and maximum surface area dimensions, standard fonts and typeface; signs shall utilize colors, materials and fonts that contribute to the character of the neighborhood.
   2. Menu Board Signs shall be prohibited.
   3. Business Identification Signs for Micro Retail Uses on Wynwood Norte Main Street may deviate up to 10% from typical Sign Design Standards by Waiver.
   4. All other Building Identification and Business Identification Signs shall be subject to Article 10, Table 15 Sign Design Standards

The Wynwood Norte Neighborhood Revitalization District includes the NRD-2 Street Master Plan as a tool in implementing a complete street network identified in the Community Vision Plan to promote street accessibility, improving safety of users through enhanced streetscape, lighting signage and traffic calming, supporting local businesses, and achieving sustainable environments.

The Neighborhood street network is characterized by its longer rectilinear block compositions, avenues, alleyways, and residential streets. Wynwood Norte has a traditional street network, where east-west streets are predominately platted and zoned fifty foot ROWs with parking and sidewalks on both sides of the street. Wynwood Norte is adjacent to multiple commercial, workplace, and entertainment areas, and includes extensive educational, cultural, religious and civic facilities within close proximity, making it an ideal location for multimodal transportation and increased pedestrian activity.

The NRD-2 Street Master Plan will create a series of ROWs, establish appropriate Setback areas and ideal sidewalk conditions to promote and improve pedestrian activity for the future of the Wynwood Norte District. ROW types have been established by the City’s Planning and Zoning Department and Public Works Department, and applied to Wynwood Norte’s Thoroughfare network based on ROW width and conditions, as identified on the NRD-2 Street Master Plan Map. The NRD-2 Street Master Plan will also serve as an organizing principle for a NRD-2 Street Tree Master Plan.

1. NRD-2 Street Hierarchy
   The NRD-2 Street Master Plan acknowledges the relative importance of several significant thoroughfares within the NRD-2 boundaries, known as Wynwood Norte Boulevard, Wynwood Norte Main Street and the Wynwood Norte Corridors. Due to their importance and differences in function and character of street section and adjacent uses, these Corridors are given established setback provisions that are different from that of the underlying Transect Zone.
   
   Wynwood Norte Corridors
   - NW 36 Street
   - NW 29 Street
   
   Wynwood Norte Boulevard
   - NW 5 Avenue
   
   Wynwood Norte Main Street
   - NW 2 Avenue
   
   Wynwood Norte Thoroughfares
   - All other street ROWs within NRD-2 that are not specified as Corridors above.
2. NRD-2 Setbacks:
   Wynwood Norte Thoroughfares: Principal and Secondary Frontage Setback is five (5) feet.
   Wynwood Norte Corridors: Principal and Secondary Frontage Setback is ten (10) feet. Wynwood Norte Boulevard: Ten (10) feet.
   Wynwood Norte Main Street: Five (5) feet.
   For purposes of setbacks within the NRD-2 boundaries, Alleys shall not be treated as Thoroughfares. Lots abutting alleys shall have rear and side setbacks assigned based on Illustration 5.1
3. Alternative Rights-of-Way
   Alternative ROW 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 ROW type, and applied to several locations throughout the NRD-2. The application of these Alternative ROW conditions can be seen in Section 9.2.
   1. Play Streets. The Community Vision Plan identifies the following street sections as possible play streets to be explored further with City’s Department of Resilience and Public Works and key stakeholders to determine if the community would benefit from the alternative right of way section. Development adjacent to these ROWs may need to identify on a case by case basis any new requirements for constructing the sidewalk, verge and other capital improvements for the applicable section.
      NW 32nd Street
      NW 3rd Avenue

Reserved

The effect of these NRD-2 regulations shall be to modify to the extent indicated herein:

1. Transect regulations included within the NRD-2 boundaries.
2. Definitions under Section 1.1 and Section 1.2 of the NRD-2, which are applicable only within the NRD-2.
3. Other standards and regulations otherwise generally applicable under this Code to those properties included within the NRD-2 boundaries.
4. SAPs shall be prohibited in the NRD-2.
5. Where standards in the NRD-2 are silent, the underlying Miami 21 standards and requirements shall govern.

Where there is a question as to the applicability of Miami 21 standards within the NRD-2 boundaries, or interpretation of the NRD-2 standards set forth herein, the Zoning Administrator shall consider, with input from the Planning Director, the intent of this NRD-2 and the Community Vision Plan, and as to whether strict applicability of a standard is consistent with and furthers the implementation of the Community Vision Plan.

1. Applicability of Parking Relaxations
   1. Off-site parking
      Parking requirements may be satisfied off-site within a Parking Structure in the T4, T5 or T6 transect zone that shall be within 1,000 feet measured from the nearest point on the parcel of land of the proposed Development site.
      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 applicable Parking Trust Fund, where existing Off-street Parking or loading is nonconforming to the requirements of this Code, as modified by Section 4, Table 2 herein, the Use or Adaptive Use of any Building shall not require the provision of additional Parking, loading, or on-site stormwater detention or retention. 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-2 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 applicable 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- 2 boundaries. Parking spaces within these facilities shall be calculated based on the number of vehicles accommodated by said Parking Structure.
3. Parking covenants shall be processed as set forth in subsection 3.1.1.a.1 herein.
4. Payment-in-lieu shall be processed through the Miami Parking Authority, as described within Chapter 35 of the City Code.
5. Interim parking programs under Chapter 62 shall be available within the NRD-2 boundaries, upon satisfaction of applicable criteria.

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-2 may be allowed in areas designated by signage and for limited intervals during specified hours. Office, Commercial, Lodging, and Residential Loading.
2. On-street loading areas intended to service Office, Commercial, Lodging and Residential loading berth requirements described within Section 4, Table 3 are permitted within specifically designated zones along Wynwood Norte Thoroughfares located 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.

The District is demarcated, traversed, or connected by important Thoroughfares and Corridors that provide opportunities for future Development. Wynwood Norte Corridors have potential to increase Development Capacity for a mix of residential and non-residential Uses, provide ideal locations for increased Building Height, and promote higher Commercial Use activities to support economic development and enhanced connectivity and to service the residential community in the interior of the Neighborhood.

1. Improvements and new Development along Wynwood Norte Thoroughfares and Corridors within the NRD-2 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, except for frontages on a Wynwood Norte Main Street where the Development is two Stories in height or less in height, or more than 50% of the subject Block Frontage demonstrates a clearly established setback, the Development incorporates Educational, Religious, Civic, Civil Support Use, Art Gallery, or Micro-Retail Use on the ground floor and approval of a Dominant Setback Waiver will enhance the quality of the pedestrian environment. The Dominant Setback Waiver shall be limited to the first two (2) Stories only.
   2. Uses on these Thoroughfares and Corridors shall promote pedestrian activity, such as General Commercial, Art Gallery, Open Air Flex Use, and other ground floor retail Uses. Open Air Flex Uses located on a Wynwood Norte Corridor, Wynwood Norte Main Street, or Wynwood Norte Boulevard shall be located within the Second or Third Layer and screened by a Habitable Structure or Liner Building or a decorative Streetscreen between 3.5 feet and 8 feet in height for at least 70% of the Frontage.
   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 are identified within the NRD-2 Street Master Plan to establish ideal sidewalk conditions, achieving an enhanced pedestrian experience within the NRD-2.
2. NRD-2 Setbacks:
   Refer to the NRD-2 Street Master Plan described within Section 9 for specific setback conditions along specified Thoroughfares and Corridors within the NRD-2 boundary.

1. Newly platted Lots shall be dimensioned according to Illustration 5.1. Development of existing platted lots are subject to a maximum lot area of 20,000 square feet.
2. A Building shall be disposed in relation to the boundaries of its Lot according to Illustration 5.1.
3. Flexible Lot Coverage Program: Lot Coverage by any Building shall comply with maximum standards as set forth in Illustration 5.1. Additional Lot Coverage may be approved up to eighty percent (80%) by Waiver for a Building that is four (4) stories in Height and provides Affordable and Workforce Housing as set forth herein.
4. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building with vehicular access through an Alley, may be built on each platted Lot. An Outbuilding shall be separated from the Principal Building by a minimum of ten (10) feet.
5. Facades shall be built parallel to a rectilinear Principal Frontage Line or parallel to the tangent of a curved Principal Frontage Line, for a minimum seventy percent (70%) of its length.
6. Development shall comply with maximum Lot area standards established in Illustration 5.1. Development of contiguous lots under common ownership 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. Facades on Primary Frontage are designed to provide variation in articulation and architecture and shall incorporate traditional residential façade treatments including balconies, awnings, and the like;
   2. Primary Pedestrian Entrances from sidewalk on Primary Frontage no less than every fifty (50) linear feet without Waiver;
   3. Provides for centralized parking on-site, underground or above-ground, in compliance with Section 5.1.4 parking standards;
   4. Provides for native specimen street trees within the verge with a DBH of 25% greater than the standards otherwise applicable as required by this code and Chapter 17 of the City Code; and
   5. Incorporates one of the following:
      1. Restores an accessible rear alley providing enhanced bicycle and/or vehicular connection to an established Thoroughfare or connected system of existing alleys, or
      2. Minimum 10% of lot area or 3,000 square feet, whichever is greater, dedicated Civic Space Type, or
      3. Development qualifies under the City’s Attainable Housing Development Program and incorporates at least 15% of Units for Housing for Elderly.

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. Standards related to measurement of height should adhere to Section 3.5 of this Code unless explicitly modified herein.
2. The first-floor Elevation of a Principal Building shall be at average Sidewalk grade; a first- floor Residential Use should be at a minimum Height of two (2) feet and a maximum Height of three and a half (3.5) feet for privacy reasons or Base Flood Elevation with a minimum of one (1) foot to a maximum of five (5) feet of Freeboard, whichever is higher. Building entrances should incorporate a Stoop, Forecourt or other Frontage Type on case by case basis conducive to the first-floor elevation. The height of the building shall be up to three (3) Stories, and a maximum of forty (40) feet to the top of the roof slab, except for buildings satisfying Public Benefits Program, which permits height of the building up to four (4) Stories and a maximum height of fifty (50) feet to the top of the roof slab.
3. Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height necessary to conceal it, and a maximum Height of five (5) feet. Other ornamental Building features, including pitched roofs, may extend up to ten (10) feet above the maximum height. Roof decks shall be permitted up to the maximum Height. Trellises may extend above the maximum Height up to eight (8) feet. Extensions up to ten (10) feet above the maximum Height for stair, elevator, mechanical enclosures or non-Habitable Rooms shall be limited to twenty (20%) of the roof area, unless approved by Waiver.

Lots in T4 Transect Zones shall be permitted the maximum Density of 150 Dwelling Units per acre.

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 Habitable Use. Parking may not extend into the Second Layer above the first Story. 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 and shall be masked from the Frontage by a Streetscreen incorporating decorative treatment in character with the neighborhood and/or natural vegetation.
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, above the first Story, 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.
3. Vehicular access to Parking Facilities shall be from a secondary frontage or rear Alley, unless the Development Site only has a Primary Frontage.
4. On-street parking available along the Frontage Lines that correspond to each Lot shall be counted toward the parking requirement of the Building on the Lot.
5. For Development occurring on contiguous T4 and T5 lots under common ownership, parking facilities located in T4 shall be for permitted Residential uses, except that parking required for commercial uses within said Development may be permitted by Waiver, where ingress/egress occurs from the T5 transect zone, the parking spaces are located within an enclosed structure or surface parking is masked or screened with a structural wall from abutting properties and not greater than 50 feet from the T5 zone. Said Development shall be designed to provide a vertical break in the Façade along Primary and Secondary Frontages and variation in Façade Treatment to articulate the transition in massing, consistent with the Wynwood Norte Community Vision Plan.

1. All newly constructed Principal Building ground floor Facades along Primary and Secondary Frontages shall include a Habitable Use.
2. Newly constructed buildings shall incorporate distinct façade treatments and roof types compatible with the residential character of the neighborhood.
3. Façades extending more than one hundred (100) feet along Primary and Secondary Frontages shall provide for a vertical break in the Façade, including but not limited to change in Façade depth, materiality, window fenestration, Civic Space or Frontage type.

1. Open Space shall be a minimum of ten percent (10%) of the Lot Area, and Green Space shall be a minimum of ten percent (10%) of the Lot Area.
2. The First Layer shall be hardscaped to match the Public Frontage. Street trees shall be neatly aligned in the Verge, or in bulb outs where possible, and the Verge shall be permeable pavement.
3. Landscape Standards may be modified by Warrant on a case by case basis for a Community Garden or other Civic Space Type to ensure appropriate transition between private lot and public Frontage.

1. Newly platted Lots shall be dimensioned according to Illustration 5.2. Development of existing platted lots are subject to a maximum lot area of 40,000 square feet, unless approved by Warrant pursuant to Section 5.2.1.d herein.
2. 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 Micro-Retail space or Art Gallery or combination thereof to be reserved for local businesses equivalent to 75% of the Development’s Floor Area gained by increased Lot coverage on a square foot basis.
   2. Open Space provided off-site, within the NRD-2 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. Provide a Green Roof treatment of 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.
   4. A cash contribution to the Wynwood Norte NRD-2 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 3.3 (b)(5).
3. 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-2.
4. Development shall comply with maximum Lot area standards established in Illustration 5.2.
5. Development of contiguous lots under common ownership 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 variation in facades through art, glass or architectural treatment and materials.
   2. Provides for native specimen street trees within the verge with a DBH of 25% greater than the standards otherwise applicable as required by this Code and Chapter 17 of City Code; and
   3. Incorporates one of the following public benefits for the community:
      1. Micro-Retail Units/StartUp Space comprising at least 25% of ground floor Commercial Habitable Space; or
      2. 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, with public access seven (7) days per week; or
      3. 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 micromobility and paratransit with direct service to a metrorail transit station, including publicly accessible sanitary facilities and lockers available to the general public; or
      4. Contribution to NRD-2 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 3.3.c above.

6. For sites with 250 feet Frontage length or more on a single Frontage, a cross-Block pedestrian Paseo shall be provided 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. 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-2, 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.

   
   

1. Building Heights shall be measured in Stories and shall comply with Article 4, Table 2 and be as shown in Illustration 5.2, except as to bonus Height where applicable according to Sections 3.3 and 3.4 contained herein.
2. 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).
      
      Ornamental Building features, decorative elements, or similar Structures on a roof may extend up to twelve (12) feet in height.

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

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

   4. 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.

   5. 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.

   6. 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%).

   7. 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%), when an Intensive Green Roof of an equivalent size of the additional area is provided and maintained.

   8. 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.

   9. 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. A Residential level above ground floor commercial space shall not count as a Story as long as it is directly accessible from a public ROW, occupies the building’s full Second Layer at a
   minimum, and the Residential level and Commercial level combined do not exceed 25’ in height. Where Residential units are reserved for occupancy by owners or employees of the ground floor commercial space, those units do not have a minimum parking requirement.

   
   

Lots in T5 Transect Zones shall be permitted the maximum Density of 150 Dwelling Units per acre.

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, by Waiver, if an art, glass, or architectural treatment, of a design to be approved by the Director 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.

1. All newly constructed Principal Building ground floor Facades along Primary and Secondary Frontages shall include art or glass treatment.
2. Art or glass treatment shall be compatible with the residential character of the neighborhood and be of a design to be approved by the Director. Buildings greater than 200,000 square feet shall be reviewed by UDRB with recommendation to the Planning Director.

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. Street trees shall be neatly aligned in the Verge, and the Verge shall be permeable pavement.

1. Lot Coverage by any Building shall not exceed that shown in Illustration 5.3. 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 Micro-Retail space or Art Gallery or combination thereof to be reserved for local businesses equivalent to 75% of the Development’s Floor Area gained by increased Lot coverage on a square foot basis.
   2. Open Space provided off-site, within the NRD-2 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. Provide a Green Roof treatment of 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.
   4. A cash contribution to the Wynwood Norte NRD-2 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 3.3(b)(5).
2. Setbacks for Buildings shall be as shown in Illustration 5.3 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 5.3.
3. 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, except for Frontage on a Wynwood Norte Boulevard.
4. Above the eighth floor, minimum Building spacing is twenty (20) feet.
5. For sites with 250 feet Frontage length or more on a single Frontage, a cross- Block pedestrian Paseo shall be provided 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. 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-2, 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.

1. Above the eighth floor, the Building Floorplate dimensions shall be limited as follows, and shall not be applicable for a Waiver of 10% through Article 7.1.2.5 of this Code:
   1. 18,000 square feet maximum for Residential & Lodging Uses.
   2. 180 feet maximum length for Residential & Lodging Uses.

   3. 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.

   4. 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 5.3, except as to bonus Height where applicable according to Sections 3.3 and 3.4 contained herein.

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.

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

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

   4. 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.

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

   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 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%).

   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%), when an Intensive Green Roof of an equivalent size of the additional area is provided and maintained.

   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. A Residential level above ground floor commercial space may not count as a story as long as it is directly accessible from a public ROW, occupies the building’s full Second Layer at a minimum, and the Residential level and Commercial level combined do not exceed 25’ in height.

Lots in T6 Transect Zones shall be permitted the maximum Density of 150 Dwelling Units per acre.

1. Development shall be allowed an additional one (1) Story not to be counted against FLR that may only be utilized to construct surplus parking, beyond that which is otherwise required by code, to be leased to other developments within the NRD-2.

1. All newly constructed Principal Building ground floor Facades along Primary and Secondary Frontages shall include art and glass treatment, which shall be compatible with the character of the neighborhood
2. Art or glass treatment shall be compatible with the residential character of the neighborhood and be of a design to be approved by the Director. Buildings greater than 200,000 square feet shall be reviewed by UDRB with recommendation to the Planning Director.

The First Layer shall be hardscaped to match the Public Frontage. Street trees shall be neatly aligned in the Verge, and the Verge shall be permeable pavement.

These NRD-2 standards identify Community Gardens as a permitted use within T4 and T5 transect zones to allow residents and business owners within Wynwood Norte to improve vacant land, collaborate on a neighborhood asset, and enhance community health and resiliency. Community gardens are intended to be located on public or private property, typically on small interior lots where a former residential structure was located but there are no immediate plans for redevelopment. Community gardens shall not exceed more than 7,500 square feet in area.

1. Community gardens shall not exceed more than 7,500 square feet in area.
2. Community garden uses includes cultivation of fruit, vegetables, and/or plants for local consumption, and may also include preservation of green space, arts and crafts, training in agricultural science, meditation and health and wellness, community health screenings and other civic- oriented uses on a periodic basis where the primary users are residents within the NRD-2 boundaries within the Pedestrian Shed as defined in this Code.
3. Community gardens may be open and operating between the hours of 7am and 7pm.
4. All plant and organic material shall be located behind the 3rd layer and secured with a gate that is locked outside of hours of operation. There shall be no commercial loading activity on site.
5. Only the following accessory structures shall be permitted:
   1. Open space associated with and intended for use as garden areas;
   2. Benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, fences, garden art, rain barrel systems;
   3. Buildings, limited to tool sheds, shade pavilions;
   4. existing residential structures.

1. Open Air Flex Use, including Outdoor dining areas within Plazas, Courtyards, and Pedestrian Passage, are permitted by Right as a Commercial Use in T5 and T6 Wynwood Norte NRD-2 transect zones.
2. All exhibits, displays and sales of items from a Retail Merchandising Unit shall be subject to the following limitations:
   1. Retail Merchandising Units, excluding any associated signage, as permitted below in b.5., shall be limited to a maximum size of one hundred and sixty (160) square feet in area and shall not exceed a maximum Height of fifteen (15)feet;
   2. There shall be no more than twenty (20) Retail Merchandising Units located in the Wynwood Norte NRD-2 boundaries; and the locations shall be adjacent to or on an intersection of a Wynwood Norte Main Street or Wynwood Norte Boulevard.
   3. Retail Merchandising Units shall be setback from any adjacent public right-of-way by a minimum of five (5) feet.
   4. Retail Merchandising Unit openings and windows may be closed from time to time to secure the structure.
   5. Individual exterior identity signs shall be limited to sixteen (16) square feet in area, with no dimension exceeding eight (8) linear feet in length. There shall be no more than two (2) identity signs per Retail Merchandising Unit.
3. Open Air Flex Uses shall not count towards gross buildable area and floor lot ratio calculations if the vending carts, kiosks, Retail Merchandising Units or other structure has wheels and is removable within 24 hours in case ofemergency.
4. Deviationsfromthe standardssetforthinSection6.1.2.bmaybe approvedbythe Planning Director that the requested modifications are justified due to one or more of the following special conditions:
   1. Established pedestrian flow patterns;
   2. Existing landscape features;
   3. Governmental action which creates a peculiar configuration on the subject property;
   4. Deviations do not interfere with the pedestrian experience within the Pedestrian Passage.

Public Storage Facilities may be permitted only by Exception in T5-O and T6-8-O, subject to the criteria set forth in Article 6, Table 13 of this Code.