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Home My WebLink AboutOrdinance 2026-4811Side Yard Open Space Requirements in Single Family Districts ORDINANCE NO. 2026-4811 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "MIAMI BEACH RESILIENCY CODE," BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," SECTION 7.2.2, ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY MODIFYING THE TWO-STORY HOUSE STANDARDS SPECIFIC TO OPEN SPACE REQUIREMENTS FOR SIDE ELEVATIONS OF SINGLE- FAMILY HOMES; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission desire to amend the current requirements in the Land Development Regulations pertaining to two-story single-family homes; and WHEREAS, the City Commission at its February 3, 2025 meeting, at the request of Commissioner David Suarez, referred discussion item C4 AC to the Land Use and Sustainability Committee ("LUSC") to discuss the minimum open space requirements for the side elevations of two-story single-family homes; and WHEREAS, the LUSC at its May 8, 2025 meeting discussed and continued the item to a future meeting for additional updates; and WHEREAS, the LUSC at its July 10, 2025 meeting recommended that the City Commission refer an ordinance amendment to the Planning Board, and the City Commission did so at the September 3, 2025 Commission meeting; and WHEREAS, the Planning Board at its October 16, 2025 meeting recommended the item favorably to the City Commission; and WHEREAS, additional open space will break up long expanses of uninterrupted two-story volume at or near the required side yard setback line; and WHEREAS, these amendments are an important component of the City's resiliency strategy; and WHEREAS, clarifying the open space requirements within side yards of two-story homes promotes the general health, safety and welfare of the residents of the City; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. Page 1 of 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 7 of the Miami Beach Resiliency Code, entitled `Zoning Districts and Regulations," Article II, entitled "District Regulations," is hereby amended as follows: CHAPTER 7 ZONING DISTRICTS AND REGULATIONS ARTICLE II. DISTRICT REGULATIONS 7.2.2 RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS 7.2.2.3 Development Regulations (RS) b. The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential districts are as follows: 2. Two Story Houses Standards. A. Open Space Requirements for Two -Story Side Elevations. I. All portions of Two two-story side elevations IGGated parallel to facing a side property line shall not exceed 50 percent (50%) of the lot depth, or 60 feet, whichever is less, without incorporating additional open space that exceeds -+a 8XGess of the minimum required side yard, directly adjacent to the required side yard. II. The additional open space shall comply with the following: 1. The additional open space shall be Fegular in shape, open to the sky #9M grade, and shall be at least 6 4 feet in depth, measured perpendicular from the minimum required side setback line. The open space shall also be at least 4 feet in width. 2. The additional open space may be provided in multiple locations along the side property line provided each location meets the minimum width and depth specified herein. The aggregate square footage of the additional open space shall not be less than one percent (1%) of the lot area. 3. The elevation (height) of the open space provided shall not exceed the Design Flood eElevation of the first habitable floor, and a . Page 2 of 3 4. At least 50 percent (50%) of the total required iaterier open space area shall consist of landscaped pervious eper-space area or an in - ground water feature such as a pond or decorative pool. The add+tiGRal remaining open space may also contain mechanical equipment. III. The 4Rt8Rt ef this FegulatiOR shall be W additional open space shall break up long expanses of uninterrupted two-story volume at or near the required side yard setback line. IV. Exceptions and eXsepfiee from the minimum requirements of this provision may be granted only through historic preservation board; or design review board approval, as may be applicable, in accordance with the applicable design review or appropriateness criteria. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word 'ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days following adoption. PASSED AND ADOPTED this •Za day of Aaral ATTEST: APR 2 8 Rafael E. Granado, City Clerk Verified By: 2026 St�vwAeiner, Mayor f * INCORP GRATED' c ..may .............. Thomas R. Mooney, AICP Planning Director APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4D AUOMey- Date T:\Agenda\2025\13 December 17, 2025\Planning\Side Yard Open Space Requirements in SF Districts - First Reading ORD.docx Sponsored by Commissioner David Suarez Page 3 of 3 Ordinances - R5 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: April 22, 2026 9:30 a.m. Second Reading Public Hearing TITLE: SIDE YARD OPEN SPACE REQUIREMENTS IN SINGLE FAMILY DISTRICTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "MIAMI BEACH RESILIENCY CODE," BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED -DISTRICT REGULATIONS," SECTION 7.2.2, ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY MODIFYING THE TWO STORY HOUSE STANDARDS SPECIFIC TO OPEN SPACE REQUIREMENTS FOR SIDE ELEVATIONS OF SINGLE-FAMILY HOMES, - AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the Mayor and City Commission (City Commission) adopt the ordinance. BACKGROUND/HISTORY On February 3, 2025, at the request of Commissioner David Suarez, the City Commission referred a discussion item pertaining to the minimum open space requirements for the side elevations of two-story single-family homes (C4 AC) to the Land Use and Sustainability Committee (LUSC). On May 8, 2025. the LUSC discussed and continued the item to a future meeting for additional updates. On July 10, 2025, the LUSC recommended that the City Commission refer an ordinance amendment to the Planning Board, in accordance with the recommendations in the LUSC memorandum. On September 3, 2025, at the request of Commissioner David Suarez, the City Commission referred the proposed ordinance to the Planning Board (C4 C). ANALYSIS Section 7.2.2.3.b.2 of the Land Development Regulations of the City Code (LDRs) requires that 2-story single-family homes exceeding 60 feet in length incorporate additional open space beyond the minimum required side yards. The purpose of this additional open space is to introduce movement to long expanses of uninterrupted two-story volumes at or near the required side yard setback lines, providing visual relief to neighboring properties. The attached draft ordinance amends Section 7.2.2.3.b.2 of the LDRs, by updating and clarifying the additional open space regulations for side elevations of 2-story single-family homes. The proposed amendments include updates to the location and minimum dimensions of the additional required open space, as well as provisions for such space to be utilized as a water feature. PLANNING BOARD REVIEW 811 of 2461 On October 16, 2025, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (6-0). UPDATE The subject ordinance was approved at First Reading on March 18, 2026, with no changes. FISCAL IMPACT STATEMENT No Fiscal Impact Expected Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: 4/1/2026 See BIE at: https•//www miamibeachfi.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION Not Applicable CONCLUSION The Administration recommends that the City Commission adopt the ordinance. Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? Yes Is this item related to a G.O. Bond Proiect? Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481 includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Planning Sponsor(s) Commissioner David Suarez Co-sponsor(s) Condensed Title 812 of 2461 9:30 a.m. 2nd Rdg, Side Yard Open Space Requirements in Single Family Dist. (DS) PL 5/7 Previous Action (For City Clerk Use Only) First Reading Public Hearing on 3/18/2026 - R5 R; Not reached on 2/25/2026 - R5 H; Not reached on 2/5/2026 - R5 Y; Not reached on 12/17/2025 - R5 Y 813 of 2461