BIE - Shrubbery and Fencing Heights Ch 14 (with backup)MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter,City Manager JA.,{_ro ~~C.
MEETING DATE:February 3,2025
SUBJECT:BUSINESS IMPACT ESTIMATE
SHRUBBERY AND FENCING HEIGHTS CHAPTER 14
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AMENDING SUBPART A OF THE CODE OF THE CITY OF MIAMI BEACH
ENTITLED "GENERAL ORDINANCE,",CHAPTER 14,ENTITLED "BUILDING REGULATIONS,"
ARTICLE I,ENTITLED "IN GENERAL,"BY CREATING SECTION 14-1,ENTITLED
"BEACHWALK ACCESS AND VISIBILITY,"TO ESTABLISH MINIMUM REQUIREMENTS FOR
PEDESTRIAN VISIBILITY TO AND FROM THE BEACHWALK;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?X Yes □No (If no,please check one of the boxes below)
If one or more boxes are checked below,this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;□The proposed Ordinance relates to the issuance or refinancing of debt;□The proposed Ordinance relates to the adoption of budgets or budget
amendments,including revenue sources necessary to fund the budget;□The proposed Ordinance is required to implement a contract or an agreement,
including,but not limited to,any Federal,State,local,or private grant or other
financial assistance accepted by the City;□The proposed Ordinance is an emergency ordinance;□The Ordinance relates to procurement;or□The proposed Ordinance is enacted to implement the following:
a.Private applications for comprehensive plan amendments and land
development regulation amendments;
b.Development orders,development permits,and development agreements;
c.Sections 190.005 and 190.046,Florida Statutes,regarding community
development districts;
d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page 2
If none of the above exceptions apply,this Business Impact Estimate is hereby provided
in accordance with Section 166.041 (4 ),Florida Statutes.
1.Summary
A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance,as well as in the recitals
to the Ordinance itself,which are attached hereto.
2.An estimate of the direct economic impact of the proposed Ordinance on private,for-
profit businesses in the City of Miami Beach,if any:
(a)An estimate of direct compliance costs that businesses may reasonably incur;
The proposed ordinance may require minor modifications to limited areas of
existing plant material.It would be highly speculative for the city to estimate the
exact cost for trimming back plant material,as this will depend on the unique
circumstances of each property.The proposed ordinance does not affect revenue
nor result in a loss of revenue.
(b)Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply new charges or fees to existing,legally
established businesses.
(c)An estimate of the City's regulatory costs,including estimated revenues from any new
charges or fees to cover such costs.
The proposed ordinance would generate no more than nominal additional
regulatory costs,which may be associated with administration activities by
applicable City departments.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance could apply to approximately 90 oceanfront properties.
However,a number of these properties may already be compliant.
4.Additional comments:
The impact on existing oceanfront properties is expected to be nominal,as only a
limited amount of existing plant material may need to be modified.
O rdinances -R5 {{i tem .number}}
MIAMI BEACH
COMMISSION MEMORA NDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter,City Manager
DATE:
TITLE:
December 11,2024 11:20 a.m.First Reading Public Hearing
SHRUBBERY AND FENCING HEIGHTS-CHAPTER 14
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING SUBPART A OF THE CODE OF THE CITY
OF MIAMI BEACH ENTITLED "GENERAL ORDINANCE,"CHAPTER 14,ENTITLED
"BUILDING REGULATIONS,"ARTICLE I,ENTITLED "IN GENERAL,"BY
CREATING SECTION 14-1,ENTITLED "BEACHWALK ACCESS AND VISIBILITY,"
TO ESTABLISH MINIMUM REQUIREMENTS FOR PEDESTRIAN VISIBILITY TO
AND FROM THE BEACHWALK;AND PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
RECO MMENDATIO N
The Administration recommends that the Mayor and City Commission (City Commission)approve
the subject ordinance at First Reading and schedule a Second Reading public hearing for
February 2025.
BA CKG RO UND/HISTORY
On May 15,2024,at the request of Commissioner Tanya K.Bhatt,the City Commission referred
an item pertaining to visibility sight lines from private property and street ends entering the beach
walk (C4 AE)to the Land Use and Sustainability Committee (LUSC)and the Planning Board.On
July 9,2024 the LUSC discussed and continued the item to the September 5,2024 LUSC meeting
with direction to the Administration to develop options for addressing safety and visibility at access
points to the beach walk.
September 5,2024,the LUSC discussed and continued the item to the October 14,2024 meeting
with direction to the Administration to prepare graphics and amend the text of the proposed code
section to better reflect a visibility triangle.On October 14,2024,the LUSC recommended that
the City Commission approve the proposed amendment to Chapter 14 of the General Ordinances
of the City Code (City Code),with the following modifications:
1.The 10-foot visibility triangle shall apply to properties with at least 100 feet of frontage on the
beach walk.
2.The 6-foot visibility triangle shall apply to properties with less than 100 feet of frontage on the
beach walk.
3.The measurement of the visibility triangle shall be taken from the western edge of the beach
walk.
4.The regulations shall also apply to future sections of the bay walk and cut walk,as well as
city owned properties.
The LUSC also recommended that the Planning Board transmit a companion amendment to the
Land Development Regulations of the City Code (LDRs),amending the Oceanfront Overlay
regulations to reference compliance with Chapter 14 of the City Code.
ANALYSIS
Currently,fences and gates located in the rear of oceanfront properties are limited to a maximum
height of seven (7')feet if they are setback at least four feet from the property line.If placed along
a property line,the maximum height cannot exceed five (5')feet.All fences and gates require
certificate of appropriateness or design review,depending on the location of the property,as part
of the permit process and are generally required to consist of an open design,such as aluminum
picket.
Regarding shrubbery and hedges,pursuant to section 7.5.3.2 of the (LDRs,there is no height
limitation for hedge material located within a required yard in any district.However,since new
development along the ocean requires either Design Review Board (ORB)or Historic
Preservation Board (HPB)approval,these boards have the latitude to regulate the dimensions
and design (including overall height)of all landscape material.
Attached is a proposed amendment to Chapter 14 of the City Code,which would establish
regulations for structures and landscape within 6-10 feet (depending on beach frontage)of a
street-end or public access point to the beach walk.The purpose of these regulations is to ensure
pedestrian visibility between a height of 2 feet and 10 feet above the adjacent grade.
For properties with more than 100 feet of frontage on the beach walk a 10-foot visibility triangle
shall be required and for properties with less than 100 feet of frontage on the beach walk,a 6-foot
visibility triangle shall be required.However,trees and palms with a minimum clear trunk height of
ten (10')feet,as well as aluminum picket fences with gaps of at least four (4)inches,may be
permitted at a height exceeding 2 feet,subject to all applicable regulations set forth in the LDR's.
Two diagrams illustrating the proposed site triangle are attached for informational purposes;one
illustrates a ten (1 O')foot triangle and the other illustrates a six (6')foot triangle.These diagrams
show the measurements associated with the 6-and 10-foot visibility triangle options only and are
not indicative of variations in ocean frontage.
The proposed ordinance would require property owners to trim back any future or currently
installed landscape (whether approved or not)in the identified areas,to ensure adequate visibility.
Also,any future physical (non-landscape)improvements,including fences and walls,would need
to meet the visibility triangle requirements set forth in the ordinance.These amendments are also
consistent with Crime Prevention Through Environmental Design (CPTED)compliant landscaping
design guidelines.
To ensure that future development projects are consistent with these proposed standards,a
separate companion amendment to Section 7.3.1.2 of the LDRs,pertaining to development
regulations in the Oceanfront Overlay,is also proposed.
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:
See BIE at:https.//www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission approve the subject ordinance at First
Reading and schedule a Second Reading public hearing for February 2025.
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
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481,
includes a principal engaged in lobbying?
If so,specify the name of lobbyist(s)and principal(s):
Department
Planning
Sponsor(s)
Commissioner Tanya K.Bhatt
Co-sponsor(s)
Condensed Title
11 :20 a.m.1st Rdg PH,Shrubbery and Fencing Heights -Chapter 14.(Bhatt)PL
Shrubbery and Fencing Heights
ORDINANCE NO.-------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING SUBPART A OF THE
CODE OF THE CITY OF MIAMI BEACH ENTITLED "GENERAL
ORDINANCE,"CHAPTER 14,ENTITLED "BUILDING REGULATIONS,"
ARTICLE I,ENTITLED "IN GENERAL,"BY CREATING SECTION 14-1,
ENTITLED "BEACHWALK ACCESS AND VISIBILITY,"TO ESTABLISH
MINIMUM REQUIREMENTS FOR PEDESTRIAN VISIBILITY TO AND
FROM THE BEACHWALK;AND PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS,the City of Miami Beach ("City")has established standards for Buildings and
Structures in Chapter 14 of the City Code,entitled "Building Regulations";and
WHEREAS,the Mayor and City Commission have determined that it is in the best interest
of the City,and it serves the health,safety,and welfare of the City's residents and visitors,to
create requirements for pedestrian visibility for individuals entering and exiting the beach walk
from public street-ends and private property;and
WHEREAS,this Ordinance establishes a balance between (i)the public safety concerns
associated with pedestrian visibility along the beach walk;(ii)the need for upland private
properties to have adequate security and privacy;and
WHEREAS,the amendments set forth below are necessary to accomplish the objectives
identified above.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1.That Chapter 14,entitled "Building Regulations,"Article I,entitled "In General,"of
the City Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 14.BUILDING REGULATIONS
ARTICLE I.IN GENERAL
***
Secs.14-12--14-30.Reserved.
Section 14-1 Beachwalk access and visibility.
On all oceanfront properties,there shall be no structure or planting that obstructs pedestrian
visibility between a height of 2 feet and 10 feet above the adjacent grade within the following
minimum visibility triangles from a street-end or upland property access point to the beach walk:
A.For properties with more than 100 feet of frontage on the beach walk.a 10-foot visibility
triangle shall be required.
B.For properties with less than 100 feet of frontage on the beach walk,a 6-foot visibility
triangle shall be required.
The above noted visibility triangle requirements shall be measured diagonally from both sides of
the intersection of the public access point on private property or on one side of a public street-
end,as applicable,along the westernmost line of the beach walk.Notwithstanding the foregoing,
trees and palms with a minimum clear trunk height of ten (1 O')feet,as well as aluminum picket
fences with gaps of at least four (4")inches,may be permitted at a height exceeding 2 feet,subject
to all applicable regulations set forth in the Land Development Regulations.
SECTION 2.CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,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,Florida.The sections of this Ordinance may be renumbered or re-
lettered to accomplish such intention,and,the word "ordinance"may be changed to "section,"
article,"or other appropriate word.
SECTION 3.REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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 DA TE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of,2025.
Steven Meiner,Mayor
ATTEST:
Rafael E.Granado,City Clerk
APPROVED AS TO FORM AND LANGUAGE
~
r\ND FOR EXECUTION
L --
First Reading:December 11,2024
Second Reading:February 3,2025
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