Miami-Dade County
Mixed Data Center Policies
Miami-Dade County may allow data centers in IU-1 districts as telecommunications hubs, if at least 85% of the building is for equipment or machinery and a declaration is filed before the building permit. General zoning review may add time.
Rating from Florida statewide as there are no scored current or future laws outside temporary restrictions for Miami-Dade County.
Specific to Miami-Dade County only.
current law · County measure: Unincorporated areas and areas where Miami-Dade County retains zoning jurisdiction, including airport and seaport properties; some measures are limited to unincorporated areas within the Urban Development BoundaryAllows telecommunications hubs in IU-1 industrial districts only if at least 85% of the building’s floor area is used for equipment or machinery and a compliance declaration is submitted before a building permit is issued.Miami-Dade County Code, Chapter 33, §§ 33-259 and 33-310 — Telecommunications Hubs/Data Centers
What this means
A data center may be allowed in the IU-1 district if it qualifies as a telecommunications hub, but at least 85% of the building must be used for equipment or machinery and a declaration is required before the building permit. General zoning review may add some time, so the overall benefit appears modest and conditional.
Timing
- Ends
- The initial County Commission building moratorium may last no more than 120 days, unless continued for a longer period when reasonably necessary; other moratoria end when reversed, modified, superseded, or when the applicable zoning or master-plan review is completed and the moratorium is terminated.
The regulation includes administrative building moratoria and zoning moratoria. Extensions are permitted after a public hearing when reasonably necessary; no single calendar expiration date is specified.
People behind it
- Department of Regulatory and Economic Resources
Handles complaints involving alleged Miami-Dade Zoning Code violations and administers enforcement; also administers and processes zoning applications.
- Board of County Commissioners
Adopts, approves, and amends zoning procedures, regulations, maps, and related resolutions.
- Director
Administers zoning procedures, including receiving applications, issuing recommendations and notices, maintaining zoning maps and records, and making specified administrative determinations.
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- Developmental Impact Committee
Reviews qualifying zoning and development applications, establishes proposed rules and procedures subject to Board approval, and makes recommendations.
- Commissioner Kionne L. McGhee
Prime sponsor who requested that the ordinance be prepared and placed on the agenda.
- Dennis A. Kerbel
Prepared the ordinance.
Restrictions & requirementsHide restrictions & requirements25
A data center classified as a telecommunications hub must devote at least 85% of the building's gross floor area to equipment or machinery, with no more than 15% for employees and support personnel.
Before a building permit is issued for a telecommunications hub, the applicant must submit an approved declaration of use and required floor and site plans documenting compliance with the floor-area limits.
Telecommunications hubs and other development in the IU-1 district require administrative site plan review before a building permit can be issued.
IU-1 sites must provide landscaped open space equal to at least 10% of net lot area, or 15% when abutting residentially zoned or developed property; additional landscaped open space equal to 25% of gross floor area is required for each floor above four stories.
IU-1 sites must provide continuous planted greenbelts along property lines abutting public rights-of-way or residential property, at least 8 feet wide on sites up to 3 acres and at least 10 feet wide on larger sites, with only limited approved access openings.
Required landscaped areas must be continuously maintained in good, healthy condition and served by sprinkler systems, except for qualifying natural forest tree-preservation zones.
An approved IU-1 site plan expires after 12 months if construction has not started; complete building-permit plans must be filed within that period.
Uses covered by the IU-1 provisions are permitted only on IU-1 land designated Institutions, Utilities and Communications on the CDMP Land Use Plan map, located within the Urban Development Boundary, and allowed by the Comprehensive Development Master Plan.
When required by the CDMP, an application must be submitted to Homestead Air Reserve Base for compatibility review and comment; HARB generally has 21 days to respond, although the Director may allow a longer period.
A data center operating as a business, commercial, or industrial property must have a valid Certificate of Use and must operate within the conditions of that certificate.
In areas where Miami-Dade retains zoning jurisdiction, zoning applications for required district changes, special exceptions, unusual or new uses, variances, and other zoning actions must follow the County's Chapter 33 procedures.
Zoning applications must include required ownership disclosures, applicable comprehensive-plan consistency materials, and a boundary survey updated within one year.
Projects meeting applicable large-project thresholds may require Developmental Impact Committee review. Thresholds include office buildings or complexes exceeding 125,000 square feet or 1,000 parking spaces, and industrial or manufacturing activity involving 50 acres or 500 parking spaces.
Projects meeting county-impact thresholds receive additional impact treatment; examples include office projects involving 250,000 square feet or 1,500 parking spaces and industrial, processing, or manufacturing activity involving more than 100 acres or 1,000 parking spaces.
Zoning actions generally cannot be approved until a noticed public hearing is held. Notice normally must be published and mailed at least 14 days before the hearing, and the property must be posted.
Applicants must pay the cost of required filing and hearing notices, including newspaper publication and mailed notices.
A subsequent zoning application for the same property is subject to waiting periods: six months after approval or withdrawal without prejudice, one year after denial without prejudice, 18 months after withdrawal or denial with prejudice, and two years after applications have been denied or withdrawn twice or more. Exceptions include lower-density or less-intense proposals, proposals for five or fewer residential units, and urban-infill development, except after two or more denials or withdrawals.
Substantial amendments generally cannot be accepted within 30 days before the first scheduled hearing or after the Community Zoning Appeals Board has decided the application, unless an applicable exception is approved.
If a project is subject to County Commission review or appeal, permits generally cannot be issued based on the lower board's action until the Commission makes a final decision. A temporary conditional permit is allowed only when withholding it would create imminent peril to life or property and specified conditions or a bond are imposed.
The County Commission directly hears certain large or complex applications, including applications involving at least 100 acres, office buildings or complexes exceeding 125,000 square feet, processing or manufacturing involving 50 or more acres, projects crossing Community Zoning Appeals Board boundaries, and projects accompanied by a development agreement.
Appeals from a Community Zoning Appeals Board generally must be filed within 14 days, require a processing fee, and result in a de novo County Commission hearing; reversing a CZAB denial generally requires a two-thirds vote of members present.
The County Manager may impose a building moratorium prohibiting building permits in an area when a comprehensive zoning analysis is necessary. A Commission-imposed initial moratorium may last up to 120 days and may be continued when reasonably necessary.
During a building moratorium, zoning applications for variances, special exceptions, zoning changes, unusual or new uses, and modifications or eliminations of conditions generally cannot be acted upon, subject to specified exceptions.
A variance, special exception, new use, special permit, or unusual use that is not used within three years may be terminated after a noticed public hearing if changed circumstances make it detrimental or incompatible with the area.
A development agreement requires two public hearings, newspaper and mailed notices, and annual compliance reporting, and must address permitted uses, development intensity, building height, public facilities, permit requirements, and comprehensive-plan consistency.
Benefits & exceptionsHide benefits & exceptions17
Telecommunications hubs are permitted in the IU-1 district, accommodating data-center facilities when at least 85% of the building’s gross floor area is used for equipment or machinery and no more than 15% for employees and support personnel. A declaration of use with floor and site plans is required before a building permit is issued. Telecommunications hubs
Electric substations are expressly permitted in the IU-1 district, supporting electrical infrastructure for data-center development and operation. Electric substation
Telephone exchanges and utility work centers for power and telephone services are permitted in the IU-1 district, allowing related communications and utility infrastructure. Telephone exchanges and utility work centers
Office buildings, storage warehouses, and warehouses for products in the form sold in a BU district are permitted in IU-1, authorizing administrative, storage, and related support space. Office buildings, storage warehouses, and warehouses for storage
IU-1 land designated “Institutions, Utilities and Communications” on the CDMP Land Use Plan map may use the nonresidential uses listed in Section 33-284.28.10, potentially accommodating qualifying data-center-related uses. The property must be within the Urban Development Boundary, each use must be allowed by the CDMP, and residential uses are excluded.
The expanded IU-1 uses follow an administrative site plan review process regardless of project size or other exceptions. All development shall be reviewed
For projects requiring administrative site plan review, the Department must decide within 21 days after processing. The applicant may resubmit and extend the period by another 21 days, and the Department may extend the period only by written notice that additional information is needed. Reviewed and decided within 21 days
When Homestead Air Reserve Base compatibility review is required, the application is transmitted to the base, which generally has 21 days to provide comments unless more time is authorized. Failure to comment on time does not prevent the Director from acting on the application.
A nonresidential project in an IU district on a parcel of 20 acres or less, with no residential uses, may defer site plan review until applying for a building permit. Defer site plan review until the time of application for building permit
A development agreement may reserve public-facility capacity and reduce the economic cost of development. It may establish permitted uses, density, building intensity and height, facility-construction schedules, permits, duration, and conditions, but must remain consistent with the CDMP and land-development regulations and requires annual compliance reports. Reserve public facility capacity
The Director may administratively modify or eliminate certain conditions or restrictive covenants without a new zoning hearing when a project remains in substantial compliance, corrects a clerical error, addresses an abandoned or satisfied condition, or creates no new material adverse impacts. Restrictions remain for matters such as density, design, traffic, utilities, environmental effects, buffering, building area, height, and neighborhood compatibility, with notice and appeal rights. Substantial compliance with previous approval
An alternative site development option for qualifying industrial buildings in IU districts may allow limited setback reductions, up to a 10% increase in lot coverage or floor-area ratio, up to a 10% reduction in landscaped open space, certain lot-area or frontage reductions, and alternative wall, fence, and site-layout standards. It requires a public hearing and is subject to compatibility, safety, environmental, property-value, and public-facility limits. Alternative site development option for buildings and structures in IU zoning districts
An IU project may obtain an alternative reduction in required parking after a public hearing, excluding accessible spaces, spaces for people transporting small children, and bicycle facilities. Parking may not be reduced below 10% of the otherwise required amount, and the project must satisfy an additional condition involving transportation access, non-overlapping operating hours, or an approved shared-parking methodology. Alternative reduction in the number of required parking spaces
For qualifying nonresidential buildings in BU districts, an alternative site development option may allow limited setback reductions, up to a 10% increase in lot coverage or floor-area ratio, up to a 10% reduction in landscaped open space, certain lot-area or frontage reductions, and alternative wall, fence, parking, and site-layout standards. It requires a public hearing and cannot be approved if it would significantly reduce nearby property values, create substantial safety problems, or materially increase public-service impacts. Alternative site development option for buildings and structures in the BU zoning districts
For business, commercial, and industrial properties, zoning enforcement is complaint-based rather than routine or automatic. Enforcement is done on a complaint basis.
A business or property owner generally receives a courtesy warning and an opportunity to correct a zoning violation before a civil citation is issued. Merchants and business property owners will receive a courtesy warning.
An anonymous zoning complaint is investigated only when the inspector determines from the complaint alone that the reported violation presents an imminent threat to public health, safety, or welfare, or imminent destruction of habitat or sensitive resources. Only proceed to investigate an anonymous complaint.
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