Ordinance 2024-4667Accessibility Ramps in Single Family Districts
ORDINANCE NO.2024-4667
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING THE MIAMI BEACH
RESILIENCY CODE,AT CHAPTER 7,ENTITLED "ZONING DISTRICTS
AND REGULATIONS,"ARTICLE 2,"DISTRICT REGULATIONS,"
SECTION 7.2.2,ENTITLED "RS-1,RS-2,RS-3,RS-4 SINGLE-FAMILY
RESIDENTIAL DISTRICTS,"TO AMEND THE DEVELOPMENT
REGULATIONS FOR ACCESSIBILITY WALKWAYS AND RAMPS IN
SINGLE-FAMILY DISTRICTS;AND PROVIDING FOR CODIFICATION,
REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS,the Miami Beach Comprehensive Plan and Land Development Regulations
seek to ensure equal access to all single-family housing;and
WHEREAS,the City of Miami Beach (the "City")finds that there is a need to further
enhance access to single-family homes built prior to October 30,2024;and
WHEREAS,due to current zoning requirements,it may be difficult to make an existing
single family home accessible with the addition of an accessibility ramp;and
WHEREAS,the amendments set forth below are necessary to accomplish all of the above
objectives.
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 2,"District Regulations,"is hereby amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
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ARTICLE 2.DISTRICT REGULATIONS
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7.2.2 RS-1,RS-2,RS-3,RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS
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7.2.2.3 Development Regulations (RS)
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b.The development regulations for the RS-1,RS-2,RS-3,RS-4 single-family residential
districts are as follows:
1.The FAR,density,lot area,lot width,lot coverage,unit size,setbacks,and building
height requirements for the RS-1,RS-2,RS-3,RS-4 single-family residential districts
are as follows:
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DEVELOPMENT REGULATIONS TABLE (RS)"a
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(5)If an Understory is not provided,at least 50 percent (50%)of the required front yard and
side facing a street yard areas (including portions of the rear and front yards)shall be sodded
or landscaped pervious open space.With the exception of driveways and paths leading to the
building,paving may not extend any closer than 5 feet to the front of the building.When a pool
is located in the side yard,facing a street the area of the water may count as part of the open
space.
In the event that an existing single-family home has an abutting street raised pursuant to an
approved city project,and such home was previously permitted with less than 50 percent (50%)
of the required front yard area consisting of sodded or landscaped pervious open space,such
property may retain the most recent,previously permitted pervious open space configuration,
provided the front yard is raised to meet the new street elevation.However,in no instance shall
less than 30 percent (30%)of the required front yard be sodded or landscaped pervious open
space.
Notwithstanding the above,for homes issued a certificate of occupancy or certificate of
completion prior to October 30,2024,the addition of one accessible ramp/walkway,not to
exceed fiye feet (5')in width,leading from the front or street side property line to the first
habitable level,shall be an allowable exemption to the minimum 50%peryious open space
requirement.
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12.Allowable encroachments within required yards.
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N.Projections.Every part of a required yard shall be open to the sky,except as
authorized by these land development regulations.The following may project into a
required yard for a distance not to exceed 25 percent (25%)of the required yard up to
a maximum height of 6 feet,unless otherwise noted.
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XI.Walkways:Maximum 44 inches.May be increased to a maximum of 5 feet for
those portions of walkways necessary to provide Americans with Disabilities Act
(ADA)-required turn-around areas and spaces associated with doors and gates.
Walkways in required yards may exceed these restrictions when approved through
the design review or certificate of appropriateness procedure,as applicable,and
pursuant to section 2.5.3,of this Code.Notwithstanding the foregoing,when
required to accommodate ADA access to a single-family home in the RS district
that was issued a certificate of occupancy or certificate of completion prior to
October 30,2024,or an existing contributing building within a local historic district,
or National Register District,an ADA walkway and ramp may be located within a
front,street side or interior side yard,with no minimum setback,provided all of the
following are adhered to:
1.The maximum width of the walkway and ramp shall not exceed 44 inches,
and 5 feet for required ADA landings;
2.The height of the proposed ramp and landing shall not exceed the finished
first floor of the building(s);and
3.The slope and length of the ramp shall not exceed that which is necessary
to meet the minimum building code requirements.
4.Additionally,subject to the approval of the design review board or historic
preservation board,as applicable,an awning may be provided to protect
users of the ADA walkway and ramp from the weather.
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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 days following adoption.
PASSED AND ADOPTED this d0 day or vey4 •
"7,,/{_No 22 cu Steven Meiner,Mayor
Rafael E.Granado,City Clerk
Verified By:
APPROVED AS TO
FORM AND LANGUAGE
&FORE~N
City Attorney [)'ls/zoDate
Thomas R.Mooney,AICP
Planning Director
T:\Agenda\2024\7 July 2024\Planning\Accessibility Ramps in SF Districts -First Reading ORD.docx
Sponsored by Commissioner Alex J.Fernandez
Co-Sponsored by Commissioner Laura Dominguez
Ordinances -R5 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter,City Manager
DATE:
TITLE:
November 20,2024 10:40 a.m.Second Reading Public Hearing
ACCESSIBILITY RAMPS IN SINGLE FAMILY DISTRICTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING THE MIAMI BEACH RESILIENCY CODE,
AT CHAPTER 7,ENTITLED "ZONING DISTRICTS AND REGULATIONS,"ARTICLE
2,"DISTRICT REGULATIONS,"SECTION 7.2.2,ENTITLED "RS-1,RS-2,RS-3,RS-
4 SINGLE-FAMILY RESIDENTIAL DISTRICTS,"TO AMEND THE DEVELOPMENT
REGULATIONS FOR ACCESSIBILITY WALKWAYS AND RAMPS IN SINGLE-
FAMILY DISTRICTS;AND PROVIDING FOR CODIFICATION,REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
R E C O M M E N D A T IO N
The Administration recommends that the Mayor and City Commission (City Commission)adopt
the ordinance.
B A C K G R O U N D /H IS T O R Y
On February 21,2024,at the request of Commissioner Alex Fernandez,the Mayor and City
Commission referred a discussion item pertaining to accessible walkways and ramps in single
family zoning districts (Item C4 K)to the Land Use and Sustainability Committee (LUSC).On
March 19,2024,the LUSC discussed the item and recommended that the City Commission refer
an ordinance amendment to the Planning Board in accordance with the text changes proposed
in the LUSC memorandum.On May 15,2024,at the request of Commissioner Alex Fernandez,
the City Commission referred the ordinance (Item C4 Z)to the Planning Board.
ANALYSIS
Under the single-family development regulations in the Land Development Regulations of the City
Code (LDRs),ramps and walkways are a limited allowable encroachment within a required yard,
up to the first habitable level of a home.However,within single-family districts walkways or ramps
providing access to the first habitable level of a home may not exceed a maximum projection of
25%into the required yard,and at least 50%of the front yard and side yard facing a street must
be sodded or landscaped pervious open space.
While ramps and walkways can easily comply with these setback and open space requirements
when part of a new home,it can be challenging for older homes to meet these requirements.To
address this issue comprehensively,the attached LOR amendment,as recommended by the
LUSC,provides an exception from these requirements for accessible ramps on existing single-
family properties.
PLA NNING BOARD REVIEW
On June 25,2024,the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-0).The Planning Board
Page 897 of 1993
also recommended that the applicability date in the ordinance be changed from January 1,2024
to the effective date of the ordinance.This change has been included in the attached ordinance.
UPDATE
The subject ordinance was approved at First Reading on September 11,2024,with no changes.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on:8/14/2024.See BIE at
https ://www.m ia mibea chfl.gov/city-h al I/city-cl erk/meeting-notices/
FINANCIAL INFORMATION
NIA
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
Project?
No
as 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 Alex Fernandez
Co-sponsor(s)
Commissioner Laura Dominguez
Condensed Title
Page 898 of 1993
10:40 a.m.2nd Rdg,Accessibility Ramps in Single Family Districts.(Fernandez/Dominguez)PL
5/7
Page 899 of 1993