This article shall be known as the "Workforce Housing Development Program of Miami-Dade County, Florida."

(Ord. No. 07-05, § 1, 1-25-07; Ord. No. 08-51, § 1, 5-6-08)

A.

Need for workforce housing in Miami-Dade County. The health, safety, and welfare of the present and future residents of Miami-Dade County depend on the availability of a range of housing choices affordable to persons and families of all income levels in all areas of Miami-Dade County in both the incorporated and unincorporated areas. As of 2007, when the Board of County Commissioners adopted Ordinance No. 07-05 to establish a voluntary workforce housing development program ("WHU program" or Workforce Housing Development Program"), patterns of development had resulted in a persistent shortage of housing for certain sectors of the community. Since then, the shortage has increased. Studies of market demand show that the labor force in Miami-Dade County continues to require moderately priced housing units. Currently, there exists in Miami-Dade County a shortage of housing affordable to individuals and families of moderate incomes, particularly those whose earnings range from 60 percent up to 140 percent of the County's median income, the "workforce target income group." The workforce target income group includes many public employees and others employed in key occupations that support the local community. Increasingly, the high cost and short supply of housing affordable to persons and families of moderate income mean that many employees in the workforce target income group cannot afford to live in Miami-Dade County, while others can only afford to live in areas concentrated according to price and income level.

The uneven distribution of moderately-priced housing results in additional stratification of housing according to price and income level. It is in the best interests of the public health, safety, and welfare of the present and future residents of Miami-Dade County to reduce or eliminate such economic stratification by adopting land use regulations that encourage development of land available for residential use in Miami-Dade County in a manner that emphasizes integration of new housing for individuals and families in the workforce target income group into new, expanding, or redeveloping neighborhoods.

The uneven geographic distribution of housing affordable to the workforce target income group, as well as the distance between jobs and available housing, also increase traffic congestion and decrease economic productivity. Traffic and roadway congestion in turn adversely affect the environment and diminish air quality, increasing the burden on the public health care system and resulting in rising health care costs. The public health, safety, and welfare of the present and future residents of Miami-Dade County can best be protected by adopting land use policies to ensure that housing affordable to the workforce target income group is distributed throughout the county near workplaces, rather than being concentrated in enclaves separate from jobs and higher-priced housing.

The Florida Growth Management Act requires Miami-Dade County to adopt a comprehensive plan to guide future development and growth, including a housing element consisting of standards, plans, and principles to be followed in the provision of housing for all current and anticipated future residents. Exercising the authority conferred by the Miami-Dade County Home Rule Charter, and in furtherance of the Growth Management Act, the Board of County Commissioners has adopted the Comprehensive Development Master Plan ("CDMP"), including a housing element which establishes goals, objectives, and policies to ensure the provision of all variations of affordable housing products to meet the spatial and economic necessities of all current and future residents regardless of household type or income.

B.

Causes and consequences of lack of sufficient workforce housing supply. In order to assess the extent of the housing shortage, identify the most severely affected sectors of the community, and ascertain the need for a workforce housing development program, the Board of County Commissioners established a task force consisting of county housing, zoning, and planning professionals, and representatives of the private, for-profit, development community. The mission of the task force was to analyze the current and anticipated future make-up of Miami-Dade County's workforce and population, the geographic distribution of moderately-priced housing, historical and current patterns of development applications and approvals, the distance between jobs and housing for the workforce target income group, the overall impact of the housing shortage on the economy of Miami-Dade County, and the adverse consequences failure to act would have on the health, safety, welfare, comfort, and convenience of the present and future residents of Miami-Dade County. The need for the workforce housing development program as identified by the task force is the result of a variety of factors, including, but not limited to, those noted below. Since the task force concluded its analysis in 2007, various studies have demonstrated the continued need for a workforce housing development program.

(1)

Increasing population pressure. Miami-Dade County, in both the incorporated and unincorporated areas, continues to experience an increase in the numbers of residents in the workforce target income group, including persons with fixed or reduced incomes, young adults forming new households, minority households, single adults, and many public employees and others in key occupations serving the entire community including teachers, police and public safety personnel, health care workers and mid-level management workers. Studies show that, as a result of this population increase, for the foreseeable future of the new labor force in Miami-Dade County will require workforce housing.

(2)

Cost burdens. Since 2007, households in Miami-Dade County have continued to suffer from a high and increasing housing cost burden. Households have traditionally been regarded as "cost burdened" if they spend more than 30 percent of their gross income on housing costs.

(3)

Inadequate housing supply for the workforce target income group. Current patterns of development, the costs of acquiring land suitable for residential development, and the disposition of remaining developable land have resulted in an abundance of higher-priced housing and a shortage of housing economically attainable by the workforce target income group. With the exception of housing developed with government subsidies, privately developed new residential housing being built in Miami-Dade County generally is not affordable to the workforce target income group. Experience indicates that state and federal funds for the construction of affordable housing will not address the housing needs of the workforce target income group.

(4)

Overcrowding. Overcrowding is a major problem in Miami-Dade County. The problem is acute in low to moderate income households and households in the workforce target income group.

(5)

Concentration of housing based on economic status. Demographic analyses indicate that development applications and approvals that reduce the supply of land developable for residential use, and which result in a disproportionate amount of higher-priced housing, result in a reduced supply of housing for individuals and families in the workforce target income group, including young families, retired and elderly persons, single adults, female heads of houses, and minority households. Such development activity produces the undesirable and unacceptable effect of concentrating housing according to price, thus frustrating the policies and goals of the housing element of the CDMP, and increasing the threat to the public health, safety, welfare, comfort, and convenience of the present and future residents of Miami-Dade County.

(6)

Need for involvement of private development community. Existing efforts to encourage private, for-profit, developers to construct housing within the economic reach of the workforce target income group, including the voluntary workforce housing development program established in Ordinance No. 07-05, have met with very limited success. It is apparent that the need for housing for the workforce target income group can only be addressed if the responsibility for ensuring a diverse and adequate supply of housing is shared by Miami-Dade County, and the private, for-profit, development community.

C.

Authority to establish and administer a workforce housing development program. The Miami-Dade County Home Rule Charter specifically authorizes the Board of County Commissioners to prepare and enforce comprehensive plans for the development of Miami-Dade County in the incorporated and unincorporated areas, to establish, coordinate, and enforce such zoning regulations as are necessary for the protection of the public, to exercise all powers and privileges granted to municipalities, counties and county officers by the Constitution and laws of the State, to exercise all powers not prohibited by the Constitution or by the Charter, and to perform any other acts consistent with law which are required by the Charter or which are in the common interest of the people of the County. The Miami-Dade County Workforce Housing Development Program is declared to be a proper and necessary exercise of the powers conferred upon the Board of County Commissioners for the protection of the health, safety, welfare, comfort, and convenience of the present and future residents of Miami-Dade County.

Consistent with the goals, objectives, and policies of the land use and housing elements of the CDMP, the objective of the Workforce Housing Development Program is to increase the supply of housing affordable to the workforce target income group, and to address many of the problems associated with the short supply of housing affordable to the workforce target income group and with the uneven, poor geographic distribution of such housing throughout Miami-Dade County. Through utilization of a combination of density bonuses, relaxation of intensity standards, flexible design criteria, and other incentives, the workforce housing program established herein will help alleviate the existing housing shortage by making it more feasible for the private, for-profit, development community to create and deliver a greater number of housing units affordable to the workforce target income group. Dispersal of workforce housing units throughout this community will avoid over concentration of such housing.

D.

Joint effort of private development community, public sector, and not-for-profit sector. It is the further intent of the Board of County Commissioners that the Workforce Housing Development Program established herein will foster and encourage the private, for-profit, development community to join with the public sector and the nonprofit sector to further the goal of meeting the housing needs of the workforce target income group.

E.

Adoption of legislative intent, findings and purpose. The foregoing statements are declared to be the legislative intent, findings and purpose of the Board of County Commissioners and are hereby adopted and made a part hereof.

(Ord. No. 07-05, § 1, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 16-138, § 1, 12-20-16)

The Board of County Commissioners hereby adopts land use regulations and procedures for the incorporated and unincorporated areas for the operation of the Miami-Dade County Workforce Housing Development Program. The Workforce Housing Development Program, including all land use regulations and operating procedures, is deemed to be essential to assure the protection of the public health, safety, welfare, comfort, and convenience of the present and future residents of Miami-Dade County. All land use regulations adopted in connection with the Workforce Housing Development Program shall be supplemental to existing zoning on affected properties and shall be construed to be consistent therewith. This article shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of this Code, or with the Miami-Dade Department of Public Works Manual of Public Works.

The Board of County Commissioners may adopt by resolution, or the Director may establish, such administrative procedures as may be necessary or proper to further the purposes of this article and thereby protect the public health, safety, welfare, comfort, and convenience of the present and future residents of Miami-Dade County.

(Ord. No. 07-05, § 1, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 16-138, § 1, 12-20-16)

Editor's note— Ord. No. 16-138, § 1, adopted Dec. 20, 2016 changed the title of § 33-193.5 from "Adoption of land use regulations and procedures for operation of Miami-Dade County's Workforce Housing Development Program" to "Adoption of land use regulations and procedures for operation of Miami-Dade County's Workforce Housing Development Program; conflicts with other regulations."

The following words and phrases, as used in this article, have the following meanings:

(1)

Application means any request for zoning action, building permit, administrative site plan review, or administrative modification under Chapter 33, or any request for approval or extension of approval of any type of application for subdivision of land pursuant to Chapter 28, where such request seeks approval to develop residential or mixed uses that include a residential component subject to the requirements of this article.

(2)

At one location means all land owned by the applicant, including:

(a)

All adjacent parcels, the property lines of which are contiguous at any point; or

(b)

All adjacent parcels, the property lines of which are separated only by a public or private street, road, highway or utility right-of-way, or other public or private right-of-way at any point; or

(c)

All adjacent parcels, under common ownership or control of the applicant, including land owned or controlled by any business entities in which the applicant or immediate family members of the applicant possesses any form of management control.

(3)

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

(4)

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

(5)

Multi-Family Development is a development with attached residential dwelling units in which the units are either rented as part of a development in which units are under a single ownership or are sold in a condominium or cooperative form of ownership.

(6)

Single-Family Development is a development with attached or detached residential dwelling units, including townhomes, duplexes, triplexes, villas, patio, or courtyard homes, in which the owner retains fee simple title to both the residential dwelling unit and the land beneath the residential dwelling unit.

(7)

Transit corridor area is the area which lies within a one-half mile radius of (i) the Metrorail stations, (ii) the corridors identified in the Strategic Miami Area Rapid Transit (SMART) Plan, set forth in Miami-Dade County Resolution No. R-523-16, as may be amended from time to time, or (iii) corridors designated by the Board of County Commissioners for Enhanced Bus Service (EBS).

(8)

Urban Infill Area (UIA) is the area as defined in the Comprehensive Development Master Plan (CDMP).

(9)

Work-force housing unit or WHU shall mean a dwelling unit, the sale, rental or pricing of which in accordance with this article is restricted to households whose income is within the workforce housing target income range.

(10)

Workforce housing target income range means households whose income range is established at 60 percent up to 140 percent of the most recent area median income for the County, adjusted for household size, reported by the U.S. HUD as maintained by the Department.

(Ord. No. 07-05, § 1, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 16-138, § 1, 12-20-16; Ord. No. 20-22, § 2, 2-19-20)

(A)

Applicability in the unincorporated area and minimum standard for incorporated areas. The Workforce Housing Development Program set forth in this article shall be applicable in the unincorporated area of the County. Pursuant to Section 1.01(A)(18) of the Miami-Dade County Home Rule Charter, each municipality shall, at a minimum, in the exercise of its respective zoning authority, address the need for workforce housing, if any, within its respective territorial jurisdiction in accordance with the provisions of this section; in addition, each municipality may, in accordance with Section 6.02 of the Charter, provide for higher standards to preserve its individual municipal character and standards, to the extent not inconsistent with the requirements of this section.

(B)

Municipalities shall address the need for workforce housing within their respective territorial jurisdictions in the following manner:

(1)

Exemptions. The following municipalities are exempt from and not subject to the requirements of this article, except as provided in subsection (C):

a.

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

b.

Any municipality which, as of June 30, 2021, has in place mandatory or voluntary land development code provisions that implement increased densities or other incentives in exchange for the provision of workforce housing. The municipality shall send a copy of any such adopted ordinance to the Director by December 31, 2021. It is provided, however, that any such ordinance that does not, or is later amended to not, allow for development of the entire workforce housing target income range defined in this article shall be deemed to not qualify for this exemption, and the municipality shall continue to be subject to this article.

c.

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

(2)

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

a.

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

b.

Its own voluntary or mandatory workforce housing development program reliant on its own legislative findings, provided that the program allows for development of the entire workforce housing target income range defined in this article;

c.

An ordinance that adopts the standards set forth in Sections 33-193.7.1, 33-193.8, 33-193.9, and 33-193.11 of this article, including allowing for development of the entire workforce housing target income range defined in this article, and that protects the rights of legally established nonconforming lots, uses, and structures to at least the same extent provided in Section 33-35 of this chapter.

i.

Each municipality shall be responsible for collecting and administering any monetary contributions in lieu of construction of WHUs that the municipality receives.

ii.

The County shall indemnify and defend any municipality from a facial challenge to the municipality's adoption of an ordinance adopted in accordance with this paragraph; or

d.

An interlocal agreement with the County providing for workforce housing to be developed and administered in the municipality in accordance with this article.

(3)

Time to comply.

a.

Each municipality that is subject to the requirements of this section shall have until June 30, 2022, within which to adopt a resolution making findings as to the need for or practicality of providing workforce housing within its territorial jurisdiction, and indicating whether or not it intends to adopt a voluntary or mandatory workforce housing program, or already has such a program.

b.

Each municipality that adopts a resolution indicating that it will adopt a voluntary or mandatory workforce housing program or an interlocal agreement shall have until December 31, 2022, within which to adopt any ordinance or resolution necessary to address its need for workforce housing.

c.

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

i.

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

ii.

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

d.

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

(4)

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

(5)

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

a.

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

b.

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

c.

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

(6)

Approval processes.

a.

The site plan approval and other administrative processes described in this article are intended to apply only to the unincorporated area, except where a municipality has entered into an interlocal agreement with the County pursuant to this section. Absent such interlocal agreement, each municipality, shall either establish its own procedures or utilize its existing procedures for approving development pursuant to its workforce housing program, if any.

b.

Municipalities shall also establish their own procedures for administering any necessary declarations of restrictive covenants or workforce housing agreements related to their workforce housing programs, if any, except where a municipality has entered into an interlocal agreement with the County.

(7)

Municipal use of County staff resources.

a.

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

b.

Municipalities may, through an interlocal agreement, arrange for any declarations of restrictive covenants or workforce housing agreements related to their workforce housing programs to be administered by the County pursuant to Chapter 17, Article IX.

(8)

Effect of compliance.

a.

After December 31, 2022, a municipality that adopts, in compliance with this article, either its own voluntary or mandatory workforce housing development program or a resolution making legislative findings that the need for workforce housing within its territorial jurisdiction is being adequately addressed or that adopting a program would be impractical, and has provided a copy of it to the County as provided herein, shall not thereafter be subject to any other provision of this article.

b.

It is provided, however, that any such resolution or ordinance that does not, or is later amended to not, allow for development of the entire workforce housing target income range defined in this article shall be deemed to not comply with the minimum standards set forth in this section, and any such municipality shall continue to be subject to this article.

(C)

Requirements applicable to all municipalities.

(1)

Notwithstanding any other provisions of this article to the contrary, all municipal land use regulations shall comply with the following, regardless of any exemption provided in this section:

a.

No municipal ordinance addressing workforce housing shall be adopted or amended to prohibit development of the entire workforce housing target income range as defined in this article.

b.

Each municipality shall provide an expedited process to decide applications for residential developments that are owned, financed, or operated by the County, municipality, or other public entity.

i.

A municipality shall be deemed to comply with this requirement if it adopts a process similar to the governmental facilities hearing set forth in Section 33-303 and, for developments that do not qualify as governmental facilities, a process that provides for a single hearing before the governing body or applicable zoning board; or a process that provides for administrative approval without the need for a public hearing.

ii.

Each municipality shall have until June 30, 2023 to adopt an ordinance providing an expedited process in accordance with this subparagraph b.

(2)

Municipalities in noncompliance with minimum standards.

a.

If a municipality is in noncompliance with the minimum standards set forth in this section and does not correct such failure after reasonable notice by the Board of County Commissioners, then the Board may take over the relevant service.

i.

For purposes of this section, mailed notice to the city mayor or city manager providing a 90-day period within which to cure the noncompliance shall be deemed to be reasonable notice.

ii.

The County Mayor shall periodically review municipal ordinances for compliance with this section and, if the County Mayor makes a preliminary determination that a municipality is not complying with the minimum standards set forth herein, the County Mayor shall present an appropriate item, along with a draft notice of noncompliance, on an agenda of the Board recommending that the Board transmit a notice of noncompliance to such municipality.

b.

In addition to any other actions the Board may take for noncompliance with the minimum standards of this section, County funding for affordable or workforce housing developments within municipalities that do not adhere to the foregoing minimum standards shall only be provided where it is found, by action of the Board of County Commissioners, that the relevant area cannot be served by an available project in the unincorporated area or in a nearby municipality that is in compliance with the minimum standards set forth in this section. This policy shall be incorporated into all competitive and other selection processes for County financing of affordable or workforce housing developments.

(Ord. No. 16-138, § 1, 12-20-16; Ord. No. 19-52, § 3, 6-4-19; Ord. No. 20-22, § 2, 2-19-20; Ord. No. 22-7, § 2, 1-19-22; Ord. No. 22-125, § 2, 10-6-22)

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

(A)

Within the unincorporated area, density bonuses for residential developments that provide workforce housing units shall be provided in accordance with this section.

(B)

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

(1)

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

(2)

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

Table A. WHU and Density
Bonus Distribution

(3)

The mix of WHUs shall be as follows:

a.

No less than 50% of the WHUs shall target households with incomes ranging up to 110% of the area median income.

b.

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

(4)

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

(C)

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

(1)

Provision of WHUs shall be accomplished by either:

a.

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

b.

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

(2)

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

(D)

Nonconforming residential lots. Applicants with legally-established nonconforming residential lots may develop said lots pursuant to Section 33-35 and may utilize the intensity standards in Section 33-193.11 as needed to facilitate development, provided that the development otherwise complies with the applicable requirements of this chapter.

(E)

Applicability to mixed-use and other special zoning districts. Notwithstanding any provisions of this article to the contrary, for Planned Area Development Districts, urban center or urban area districts, the Rapid Transit Zone, and other overlay or special districts that provide for workforce housing, residential developments within such districts shall provide workforce housing as specified in the applicable zoning district regulations. Where such districts do not specifically provide for workforce housing, residential developments may provide workforce housing in accordance with this article.

(F)

Ineligible properties. Properties located outside the Urban Development Boundary, as designated in the Land Use Plan (LUP) map of the CDMP, as amended from time to time shall not be eligible for development in accordance with this article.

(Ord. No. 20-22, § 2, 2-19-20)

Alternatives. An applicant may satisfy the requirement of on-site construction of all of the required WHUs or of a portion of required WHUs by one of the means described below.

(1)

Off-site construction of WHUs. An applicant may comply with the requirements of this article by construction of the number of WHUs required by this article at one or more alternative sites within a 2-mile radius of the proposed location of the market rate units (the "Off-site WHUs") within unincorporated Miami-Dade County.

(a)

If the alternative site is also being developed in accordance with this article, it must contain both its market rate and workforce housing units in addition to the Off-site WHUs.

(b)

The Off-site WHUs shall be constructed concurrently with the market rate units on the primary site.

(c)

Portability of density bonus. The density bonus for the primary site may be transferred to other sites in accordance with the following:

(i)

The receiving site is submitted for administrative site plan review.

(ii)

The receiving site is developed in accordance with the intensity standards set forth in Section 33-193.11 of this article.

(iii)

Density bonuses used pursuant to this article shall not be combined with any other density or intensity bonuses, including those authorized pursuant to Chapter 33B, Article II, Division 3 of this Code.

(iv)

The receiving site may provide WHUs in accordance with this article, except that the transferred density bonus shall not be counted in determining the WHUs for the receiving site.

(v)

Certificate of portability. The property owner may sell or transfer the portable density bonus, or a portion thereof, to a third party by requesting from the Director a Certificate of Portability. Application for a certificate of portability shall be made on a form acceptable to the Director. The Director may require that a declaration of restrictions be recorded on the primary site identifying the amount of the density bonus that is being so transferred and including such other terms as the Director may deem reasonable or necessary. Upon issuance, a Certificate of Portability shall be freely transferable and may be used to secure a density and intensity bonuses at the receiving site in accordance with this article.

(2)

Monetary contribution in lieu of construction of WHUs. An applicant may satisfy the requirements of this article by providing a monetary contribution to the affordable housing trust fund established in Chapter 17, Article VIII of this Code, in lieu of construction of the required on-site workforce housing units. Any monetary contributions received by the County shall not be commingled with any other funds deposited into the affordable housing trust fund that are not associated with the WHU program, but shall be deposited into a separate account. The amount of such required monetary contribution shall be as established in Section 33-193.9. All monetary contributions shall be made prior to the issuance of the first building permit on the market rate units.

(3)

Rehabilitation of existing property for WHUs. An applicant may satisfy the requirements of this article by providing WHUs at rehabilitated sites located in unincorporated or incorporated Miami-Dade County in the following areas:

(a)

Within a 3-mile radius of the proposed location of the market rate units; or

(b)

Within the County's Urban Infill Area; or

(c)

Within a transit corridor area.

For purposes of this article, "rehabilitated site" means a property with an existing building that is to be renovated; in the Urban Infill Area, it also includes a vacant parcel of land. When the rehabilitated units are located in incorporated areas, the applicant shall demonstrate to the Director at the time of Administrative Site Plan Review that such units have received municipal zoning approval. Prior to obtaining a building permit for the market rate units, the applicant shall provide copies of building permits issued by the applicable municipality for the WHUs.

(4)

Land conveyance. An applicant may satisfy the requirements of this article by conveying land acceptable to the County that is suitable in size, location, and physical condition for significantly more WHUs. The conveyed land shall be:

(a)

Developable; and

(b)

Zoned residential or in a zoning district that allows residential uses; and

(c)

Unencumbered and environmentally clean; and

(d)

Of a value that is not less that the in-lieu monetary contribution for the proposed development.

(5)

Combination of off-site construction of WHUs and monetary contributions. An applicant may comply with the requirements of this article by employing a combination of the alternatives set forth in this section.

(Ord. No. 07-05, § 1, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 16-138, § 1, 12-20-16)

Editor's note— Ord. No. 16-138, § 1, adopted Dec. 20, 2016, changed the title of § 33-193.8 from "Alternatives to on-site construction of WHUs; variances" to "Alternatives to on-site construction of WHUs."

(A)

WHU developments of fewer than 20 residential units seeking to utilize the density or intensity bonus available pursuant to this article shall pay an amount as follows:

(Total number of units in the development × contribution-in-lieu fee)/10 = Total contribution

(B)

Developments for which a monetary contribution has been approved in accordance with Section 33-193.8 and developments required to contribute pursuant to Section 33-193.7 shall pay an amount as follows:

Number of WHU units × contribution-in-lieu fee = Total contribution

(C)

The WHU contribution-in-lieu fee shall be calculated as follows:

(1)

Standard formula. The standard formula shall be:

Countywide median sales price within the UDB (for a single-family or multi-family residential unit, as applicable) − Affordable purchase price for a family of 4 at 60 percent of median family income for the County = Contribution-in-lieu fee per WHU.

(2)

Adjustment based on Minor Statistical Area. If the development is located in a Minor Statistical Area (MSA) where the median sales price within the UDB is lower than the Countywide median sales price under the standard formula, then, instead of the Countywide median sales price, the formula shall use the median sales price (single-family or multi-family, as applicable) for that MSA. It is provided, however, that the contribution-in-lieu fee for each WHU shall be no lower than:

Countywide median sales price within the UDB (for a single-family or multi-family residential unit, as applicable) − Affordable purchase price for a family of 4 at 140 percent of median family income for the County = Contribution-in-lieu fee per WHU.

(3)

Implementing Order. The specific values shall be established by implementing order approved by the Board of County Commissioners and shall be published annually by the Housing Director, as defined in Chapter 17 of this Code. The WHU contribution-in-lieu fee shall be reviewed annually.

(Ord. No. 07-05, § 1, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 16-138, § 1, 12-20-16; Ord. No. 20-22, § 2, 2-19-20; Ord. No. 25-14, § 2, 2-19-25)

Editor's note— Ord. No. 16-138, § 1, adopted Dec. 20, 2016, repealed the former § 33-193.9, and renumbered § 33-193.9.1 as 33-193.9 as set out herein (see editor's note to 33-193.9.1). The former § 33-193.9 pertained to required workforce housing units and derived from Ord. No. 07-05, § 1, adopted Jan. 25, 2007 and Ord. No. 08-51, § 1, adopted May 6, 2008.

Editor's note— Ord. No. 16-138, § 1, adopted Dec. 20, 2016, renumbered the former § 33-193.9.1 as § 33-193.9. The historical notation has been retained with the amended provisions for reference purposes.

Except for the development of individual single-family homes, two-family homes, or triplexes of less than 20 units, which shall be approved if deemed to be in compliance with this article and other applicable provisions of this chapter, all applications for development approval shall comply with the site plan and architectural review criteria contained herein. Developments shall be processed and approved administratively as follows:

(A)

Administrative site plan review. The Department shall review plans, including the exhibits listed below for completeness and compliance with the provisions of this article and the design and site plan review criteria provided herein. Additionally, all applications shall be reviewed by the following departments of Miami-Dade County and other public entities for potential impacts on infrastructure and other services resulting from the application: Department of Transportation and Public Works, Department of Waste Management, Department of Regulatory and Economic Resources, Miami-Dade Fire Rescue Department, and Miami-Dade Public Housing and Community Development Department or the successor agencies, as well as the Miami-Dade County School Board.

(1)

If a department's review indicates impacts on services and infrastructure provided by any of the foregoing, the applicant shall meet with the affected department or entity to discuss potential mitigation of the impacts and shall submit evidence to the Department as to the resolution of the impact.

(2)

The Director shall issue a final decision within 21 days of the date of submission of the completed application. The applicant shall have the right to extend the 21-day period by an additional 21 days upon timely request made in writing to the Department. The Department shall have the right to extend the 21-day period by written notice to the applicant that additional information is needed, Denials shall be in writing and shall specifically set forth the grounds for the denial. Any final decision of the Director may be appealed in accordance with the procedures established in this chapter for appeals of administrative decisions.

(B)

Applications for administrative site plan review under this article shall be accompanied by exhibits prepared by registered architects and landscape architects which shall be submitted to the Department and shall include the following:

(1)

Site plan(s) including:

a.

Locations, shape, size, and height of existing and proposed buildings, decorative walls and entrance features;

b.

Building exterior finish material;

c.

Indication of street vistas;

d.

Lot lines and setbacks;

e.

Location of WHUs and market rate units by bedroom count;

f.

Location of open spaces including anchor points if applicable;

g.

Location of on-street and off-street parking including type of permeable materials if used on parking lots, loading facilities, and waste collection areas;

h.

Indication of signage;

i.

Indication of any site or building design methods used to conserve energy; and

j.

Locations of backflow prevention devices and connections.

(2)

Indication of the placement and type(s) of lighting fixtures to illuminate roadways and parking areas.

(3)

Landscape plans, including specifications of species of plant material, location, and size in accordance with this article and Chapter 18A of this Code.

(4)

Street cross-sections, including adjacent buildings and open space.

(5)

Floor plans for WHU and market rate units, elevations, and sections of all buildings, including total gross square feet of area for each floor and all dimensions relating to the requirements of this article.

(6)

Figures indicating the following:

a.

Gross and net acreage;

b.

Total square footage for each use by type;

c.

Total number of dwelling units (including WHU and market rate units);

d.

Amount of passive and active open space in square feet;

e.

Parking required and provided;

f.

Such other design data as may be needed to evaluate the project.

(C)

As a condition for approval, a Declaration of Restrictions shall be submitted in compliance with Section 33-193.13.

(Ord. No. 16-138, § 1, 12-20-16)

Editor's note— Ord. No. 16-138, § 1, adopted Dec. 20, 2016, repealed the former § 33-193.10 and enacted a new § 33-193.10 as set out herein. The former § 33-193.10 pertained to density bonuses and derived from Ord. No. 07-05, § 1, adopted Jan. 25, 2007 and Ord. No. 08-51, § 1, May 6, 2008.

(A)

Notwithstanding zoning district regulations to the contrary, the following maximum intensity standards shall apply to developments that include WHUs on-site and, except as provided in paragraph (3), to alternative sites providing off-site WHUs in accordance with Section 33-193.8, to receiving sites for a portable density bonus as provided in Section 33-193.8, and to developments that otherwise obtain density bonuses by complying with this article.

(1)

Single Family Residential Intensity Standards. The following intensity standards shall apply in single-family residential zoning districts:

(2)

Multi-Family Residential Intensity Standards.

(a)

The following intensity standards shall apply in multi-family residential zoning districts:

(b)

Open space may include open porches, terraces, balconies, and amenity areas.

(3)

Parking reduction for on-site development of WHUs.

(a)

Except as provided in this paragraph, for workforce housing units developed within 660 feet of a CDMP-designated major corridor served by transit, CDMP-designated mixed-use corridor, or CDMP-designated Rapid-Transit Activity Corridor, which includes the SMART Plan Corridors, the WHUs shall be entitled to a parking reduction in accordance with Section 33-284.86(F)(3) (Group 1 (work-force reduction).

(b)

Notwithstanding the foregoing, a multifamily development that contains 50 or more WHUs and is located within 500 feet of a property that is zoned for, or developed with, a single-family residence, shall only be entitled to a reduction of 10 percent of the number of parking spaces otherwise required by this chapter.

(c)

In calculating the required number of parking spaces, all fractions shall be rounded up to the nearest whole number.

(d)

WHUs developed in MCD, RMD, or other mixed-use zoning districts that provide for parking reductions shall be governed by their respective district regulations.

(B)

Applicability to mixed-use and other special zoning districts. Notwithstanding any provisions of this article to the contrary, for Planned Area Development Districts, urban center or urban area districts, the Rapid Transit Zone, and other overlay or special districts that provide for workforce housing, residential developments within such districts shall comply with the applicable zoning district regulations. Where such districts do not specifically provide for workforce housing units, residential developments may provide workforce housing units in accordance with this article.

(C)

The total number of dwelling units permitted, including market rate units, bonus units, and WHUs, may exceed the permitted maximum density allowed in the zoning district in accordance with the foregoing provisions, provided that the density shall not exceed the maximum allowable density bonuses set forth in the CDMP.

(D)

Administrative Adjustments. Notwithstanding any other provision in this chapter to the contrary, the Director shall have the authority to approve requests for limited adjustments from setback, lot coverage, height, and building spacing through the Administrative Site Plan Review process as follows:

(1)

Single-family residence, duplex, triplex, townhouse, and accessory residential uses located in RU and EU districts:

(a)

Each setback may be reduced by up to 50 percent of that required by the underlying district regulations.

(b)

Lot coverage may be increased by up to 10 percent over the lot coverage permitted by the workforce housing intensity standards.

(c)

Spacing between structures on the same lot may be reduced to a minimum of 5 feet between structures.

(d)

The maximum allowable building height of the zoning district may be adjusted up to one additional story, not to exceed a total building height of 40 feet.

(e)

Unless specifically permitted by the underlying zoning regulations, no accessory building shall be placed in front of the front building line of the principal building.

(f)

Adjustments to canopy carport regulations shall not be granted pursuant to this section.

(2)

Multi-family residential uses located in RU-3M; RU-4L; RU-4M; RU-4; RU-4A; RU-5; and RU-5A zoning districts.

(a)

Each setback may be reduced by up to 40 percent of that required by the underlying district regulations.

(b)

The Director may approve an administrative adjustment to the maximum allowable height to achieve the allowable density, as depicted on the table below. A buffer shall be provided where the subject property abuts low density single-family, rowhouse, or duplex structures or lots.

(c)

The Director may reduce the open space requirements set forth in this section by 10 percent to achieve the allowable density.

(3)

For Planned Area Development Districts, urban center or urban area districts, the Rapid Transit Zone, and other overlay or special districts, if WHUs are eligible to be provided in accordance with this article, the Director may approve an additional increase to the maximum allowable height established for the applicable zoning district to accommodate the density bonuses provided by this article, as follows:

(1)

Up to 2 additional stories may be approved for buildings with 6 stories or less.

(2)

Up to 6 additional stories may be approved for buildings greater than six stories.

(3)

A buffer shall be provided if abutting low density single-family, rowhouse, or duplex structures or lots.

(4)

Lot frontage for residential uses may be reduced by up to 10 percent of the requirements set forth in Section 33-193.11(A).

(E)

Severable use rights, as provided in Chapter 33B of this Code, shall not be utilized in conjunction with the density or intensity standards contained in this article.

(Ord. No. 07-05, § 1, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 16-138, § 1, 12-20-16; Ord. No. 19-52, § 4, 6-4-19; Ord. No. 20-22, § 2, 2-19-20; Ord. No. 21-114, § 2, 10-19-21)

(A)

Workforce housing units shall be comparable in design and materials to market-rate units within the development in terms of exterior appearance. Workforce housing units may be grouped or dispersed throughout the development.

(B)

The architectural design of each proposed structure shall be compatible with surrounding existing or proposed uses or shall be made compatible by the use of building height transitions and screening elements. Screening elements can include trees and shrubs, walls and fencing, or any combination of these elements. Visual buffering shall be provided between parking and service areas and adjacent uses.

(C)

Single-Family or Two-Family Residential Design Standards. Notwithstanding underlying zoning regulations that limit the number of residential units that may be constructed on a single platted lot, residential developments incorporating workforce housing units in EU, RU-1, RU-1M(a), RU-1M(b), and RU-2 Districts may utilize the following flexible design provisions, provided that the total development density shall not exceed that allowed by this article.

(1)

No more than 3 total residential units may be placed on a single platted lot.

(2)

The residential building shall have the appearance of a single-family home or, where applicable, two-family home.

(3)

The locations of the parking spaces for the units within the building shall be dispersed around the building so as not to create a parking field for all of the spaces in the front of the building.

(4)

The footprint of the residential structure shall have the appearance of a single-family or, where applicable, two-family home.

(5)

Unless the plumbing system of the residential building is connected to a sanitary sewer, lots that have a septic tank with field drains shall have a rear yard with an area of at least 25 percent of the total lot area. The rear lot area required to care for a septic tank drain field shall not be occupied by an accessory building or other structure.

(D)

Multi-Family Residential Design Standards: The following Multi-Family design standards shall apply to WHUs in development projects within RU-3M; RU-4L; RU-4M; RU-4; RU-4A; RU-5; RU-5A; BU-1; BU-1A; BU-2; and BU-3 Zoning Districts:

(1)

In a multi-family residential development, the ratio of efficiency, one-bedroom, and larger WHUs shall not exceed the ratio of efficiency, one-bedroom, and larger dwelling units among the market rate units.

(2)

All developments shall have unobstructed sidewalks or pedestrian paths a minimum six feet wide providing pedestrian linkages to adjacent neighborhoods.

(3)

Open Space. A minimum percent of open space shall be provided pursuant to Section 33-193.11.

Open spaces and landscaping shall be incorporated into the design of all developments to allow sufficient light and air to penetrate the development, to direct wind movements, to shade and cool, to visually enhance architectural features and relate the structure design to the site, and to functionally enhance the development; outdoor graphics and exterior art displays and water features are encouraged to be designed as an integral part of the open spaces and landscaped areas.

(4)

Service areas shall be located and screened to minimize negative visual impacts from the street and adjacent properties.

(5)

Mechanical equipment installed on roofs shall be screened from view by parapets or other architectural elements. Mechanical equipment installed at ground level shall be screened by walls or by similar landscape and architectural elements.

(6)

Dumpsters shall not be visible from the street.

(E)

Other Development Parameters.

(1)

Design considerations shall include: the placement, orientation and scale of buildings and building elements particularly at street level, sidewalks and connections, and provisions of weather protection, landscape, and lighting.

(2)

All on-site utilities shall be buried underground.

(3)

Adequate circulation to accommodate emergency vehicles shall be provided throughout the development.

(4)

The development shall be designed with a coordinated, outdoor, pedestrian-scaled lighting system that is adequate, integrated into the development, and compatible and harmonious with the surrounding areas.

(5)

Street furniture such as trash containers and benches shall be permanently secured to the sidewalk. Street furniture shall not obstruct sight visibility triangles at street intersections.

(Ord. No. 07-05, § 1, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 16-138, § 1, 12-20-16; Ord. No. 20-22, § 2, 2-19-20)

Editor's note— Ord. No. 16-138, § 1, adopted Dec. 20, 2016, changed the title of § 33-193.12 from "Design and unit placement" to "Design criteria and development parameters."

Prior to final approval of any development providing workforce housing units on-site or off-site, including applications for single-family homes, two-family homes, and triplexes, the applicant shall submit a separate declaration of restrictive covenants, encumbering the entire development, approved in form by the Director and the Housing Director in accordance with Chapter 17, Article IX of this Code and sufficient for recording in the public records of Miami-Dade County, Florida, including provisions requiring development of a specified number, type, and location of all dwelling units, a general plan for staging construction of all units, and such other provisions as the Department may require to demonstrate the applicant's compliance with this article. The development and the WHU staging plan must be consistent with the CDMP and any applicable land use, subdivision regulations, zoning and site plan approval for the property. The declaration of restrictive covenants shall require the property to be developed in accordance with the following specifications:

(A)

A general description of the covered development, including whether the covered development will contain rental dwelling units or owner-occupied dwelling units, or both;

(B)

The total number of market rate dwelling units and WHUs in the development and the timetable for construction; and

(C)

The location of the WHUs in the development and phasing, if any, and construction schedule for the development sequence demonstrating that:

(1)

WHUs will be built and made available for occupancy concurrently with or before market-rate dwelling units, in accordance with the requirements of Sections 33-193.7(B)(1)(c) and 33-193.8.

(2)

If the applicant converts a previously proposed WHU to a market rate unit, the applicant shall pay the monetary contribution in lieu of construction for each such WHU.

(D)

If the requirements of this article are to be satisfied through the use of an alternative to on-site construction as provided in Section 33-193.8 of this article, the declaration of restrictive covenants shall identify and commit to the development of WHUs on an approved alternative site. A separate declaration of restrictive covenants encumbering the alternative site shall identify and commit to the development of the approved off-site WHUs, and shall further provide appropriate assurances that the required WHUs for the alternative site itself will be provided.

(E)

The declaration of restrictive covenants may be modified by mutual consent of the applicant and the Director and the Housing Director in accordance with Chapter 17, Article IX of this Code, as long as the modified agreement remains in conformity with this article and substantially conforms to the recorded declaration's provisions relating to number, location, distribution and timing or construction of WHUs.

(F)

The applicant shall acknowledge the Department's authority to withhold permits for failure to comply with the terms of the covenant.

(Ord. No. 07-05, § 1, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 16-138, § 1, 12-20-16)

Prior to the earlier of final plat approval or application for building permit for the first residential unit on the property subject to the requirements of this article, the applicant shall submit a declaration of restrictive covenants, approved in form by the Director and the Housing Director in accordance with Chapter 17, Article IX of this Code, and sufficient for recording in the public records of Miami-Dade County, Florida, encumbering the individual WHUs in the entire development, specifying the restrictions of the WHUs and such further arrangements, restrictive covenants, and resale restrictions as are necessary to carry out the purposes of Chapter 17, Article IX of the Code, Sections 17-142 through 17-144 inclusive, and shall include the following:

(a)

A binding commitment that the restrictions of this article shall run with the land for the entire control period, and

(b)

A binding commitment that the covenants will bind the applicant, any assignee, mortgagee, or buyer, and all other parties that receive title to or an interest in the property, and

(c)

These covenants shall be senior to all other liens or encumbrances on the property including all instruments that facilitate the securing of permanent financing, except that tax and assessment liens shall be superior to these covenants, and except as may be provided in Chapter 17, Article IX of this Code, and

(d)

A binding commitment that incorporates all terms and conditions regarding WHUs, including without limitation, the required shared equity agreement, eligibility standards, appropriate sale and rental price standards and affordability controls required of purchasers of WHUs pursuant to Chapter 17, Article VIII of this Code.

(e)

Where WHUs are to be provided as part of a rental development, the declaration and agreement required by this section and Section 33-193.13 may specify the total number of WHU rental units to be made available on the property and provide for an annual inventory of WHUs, instead of encumbering each individual WHU.

(Ord. No. 07-05, § 1, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 16-138, § 1, 12-20-16)

This article shall be enforceable in accordance with the provisions of Article I of this chapter and Chapter 8CC of this Code, provided that fines shall not exceed the value of the in-lieu contribution for the mandatory workforce housing units.

(Ord. No. 07-05, § 1, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 16-138, § 1, 12-20-16)

(A)

Notwithstanding any provisions of this chapter or other zoning regulations to the contrary, properties in the unincorporated area that are subject to the Infill Housing Initiative Program set forth in Chapter 17, Article VII of the Code of Miami-Dade County, or that are subject to other Miami-Dade County affordable or workforce housing programs and initiatives, such as the Documentary Surtax Program, the State Housing Initiatives Partnership (SHIP), and the HOME Investment Partnerships Program (HOME), or that are used for affordable or workforce housing created in accordance with sections 125.379 or 125.38, Florida Statutes, may be developed in accordance with this section. For purposes of this section, a property that meets the foregoing qualifications shall be referred to as an "eligible property."

(B)

An eligible property may be developed in accordance with the following enumerated provisions of this article without being subject to any other provisions of this article:

1.

Nonconforming residential lot provisions set forth in Section 33-193.7(B)(3);

2.

Administrative Site Plan Review (ASPR) standards and process set forth in Section 33-193.10;

3.

Intensity standards and administrative adjustment process set forth in Section 33-193.11;

4.

Design criteria and development parameters set forth in Section 33-193.12.

(C)

The total number of dwelling units permitted on an eligible property may exceed the permitted maximum density allowed in the underlying zoning district in accordance with the foregoing provisions, provided that the density shall not exceed the maximum allowable density bonuses set forth in the CDMP.

(D)

Severable use rights, as provided in Chapter 33B, shall not be used in conjunction with the density or intensity standards enumerated above.

(E)

To be eligible for development in accordance with this section, applicants shall provide proof of deed or other binding instrument acceptable to the Director demonstrating that the subject property is subject to an eligible affordable or workforce housing program.

(Ord. No. 19-52, § 2, 6-4-19)