2014-3833 Ordinance ACCESSORY SETBACK ENCROACHMENTS
ORDINANCE NO. 2014-3833
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," SECTION
142-1132, "ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS,"
TO MODIFY THE SETBACKS FOR ALLOWABLE ENCROACHMENTS
INCLUDING DRIVEWAYS, CARPORTS AND MECHANICAL EQUIPMENT;
AND BY AMENDING SECTION 142-1133, "SWIMMING POOLS," TO MODIFY
THE SETBACK REQUIREMENTS FOR SWIMMING POOLS AND THE
REQUIREMENTS FOR THE CONSTRUCTION OF SWIMMING POOLS ON
CORNER AND THRU LOTS WITHIN SINGLE FAMILY DISTRICTS;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach places a high value on the scale, character and
architectural context of its single family and low intensity residential districts; and
WHEREAS, the City of Miami Beach desires to amend existing requirements and
procedures for swimming pools, central air conditioners and other mechanical equipment within
required yards; and
WHEREAS, regulations n f swimming pools, central air conditioners and other mechanical
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equipment are critical in order to maintain the scale, character and architectural context of the
single family and low intensity residential districts; 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. City Code Chapter 142, Article IV, "Supplementary District Regulations," is hereby
amended as follows:
Sec. 142-1132. -Allowable encroachments within required yards.
(e)Carports. Carports shall be constructed of canvas and pipe for the express purpose of shading
automobiles and shall have a minimum required interior side yard setback of four feet. The carport
shall be permitted to extend into any front yard of a single-family residence, provided such carport
is at least 18 inches from the property line or sidewalk, and provided it is attached to the main
building. When the main entrance to a house is located on a side of the house facing the street,
the carport shall be permitted to extend into the side yard facing the street, provided such carport
is at least 18 inches from the property line or sidewalk and provided it is attached to the main
building. The side of the carport that faces the required rear yard may be permitted to align with
the walls of the existing residence, provided the residence is located a minimum of five feet from
the rear property line. When a carport is detached it shall not be located in the required front or
side-facing-the-street yards. Carports shall not be permitted to exceed 20 feet in width, 20 feet in
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length and ten feet in height and shall not be screened or enclosed in any manner. An
unobstructed view between the grade and the lower ceiling edge of the carport of at least seven
feet shall be maintained. Only one carport shall be erected within a required yard. Carports
constructed prior to the adoption of this section shall be considered as legal nonconforming
structures. Such nonconforming canopies may be repaired or replaced; however, the degree of
their nonconformity shall not be increased thereby.
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(f)Central air conditioners, emergency -generators and other mechanical equipment. Accessory
central air conditioners, generators and any other mechanical equipment, including attached
screening elements, may occupy a required side or rear yard, in single-family, townhome, or in
the RM-1 residential multifamily low intensity districts, provided that:
(1)They are not closer than five feet to a rear or interior side lot line or ten feet to a side lot
line facing a street.
(2)The maximum height of the equipment including attached screening elements, shall not
exceed five feet above current flood elevation, with a maximum height not to exceed ten
feet above grade, as defined in subsection114-1, of the lot at which they are located.
(3)lf visible from the right of way, physical and/or landscape screening shall be required.
(4)Any required sound buffering equipment is located outside the minimum five-foot yard
area specified in subsection (f)(1) of this section.
(5) If the central air conditioning and other mechanical equipment do not conform to
subsections (1), (2), (3), and (4) above, then such equipment shall follow the setbacks of
the main structure.
(g)Driveways. Driveways and parking spaces leading into a property located in single-family and
townhome districts shall have a minimum setback of four feet from the side property lines.
Driveways and parking spaces parallel to the front property line shall have a minimum setback of
five feet from the front property line. Driveways and parking spaces located within the side yard
facing the street shall have a minimum setback of five feet to the rear property line.
Sec. 142-1133. - Swimming pools.
This section applies to swimming pools in all districts, except where specified. Accessory
swimming pools, open and enclosed, or covered by a screen enclosure, or screen enclosure not
covering a swimming pool, may only occupy a required rear or side yard, provided:
(1) Rear yard setback. A six-foot minimum setback from rear property line to swimming pool
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deck or platform, the exterior face of an infinity edge pool catch basin, or screen
enclosure associated or not associated with a swimming pool, provided, however, that
swimming pool decks may extend to the property line and be connected to a dock and its
related decking when abutting upon any bay or canal. There shall be a minimum 7'/2-foot
setback from the rear property line to the water's edge of the swimming pool or to the
waterline of the catch basin of an infinity edge pool. For oceanfront properties, the
setback shall be measured from the old city bulkhead line.
(2) Side yard setback. A 7'/2-foot minimum required setback from the side property line to a
swimming pool deck or platform, the exterior face of an infinity edge pool catch basin, or
screen enclosures associated or not associated with a swimming pool. Nine-foot
minimum required setback from side property line to the water's edge of the swimming
pool or to the waterline of the catch basin of an infinity edge pool.
(3) Side yard facing a street. For a side yard facing a street:
a. Single-family district. In a single-family district a ten-foot setback from the property line
to the swimming pool, deck or platform, the exterior face of an infinity edge pool catch
basin, or screen enclosure.
b. All other districts. In all other districts a 15-foot setback from the property line to the
swimming pool, deck or platform, the exterior face of an infinity edge pool catch basin, or
screen enclosure.
(4) Walk space. A walk space at least 18 inches wide shall be provided between swimming
pool walls and fences or screen enclosure walls. Every swimming pool shall be protected
by a sturdy nonclimbable safety barrier and by a self-closing, self-locking gate approved
by the building official.
a.The safety barrier shall be not less than four feet in height and shall be erected
either around the swimming pool or around the premises or a portion thereof
thereby enclosing the area entirely, thus prohibiting unrestrained admittance to the
swimming pool area.
b.Where a wooden type fence is to be provided, the boards, pickets, louvers, or
other such members shall be spaced, constructed and erected so as to make the
fence not climbable and impenetrable.
c.The walls, whether of the stone or block type, shall be so erected to make them
nonclimbable.
d.Where a wire fence is to be used, it shall be composed of two-inch chainlink or
diamond weave nonclimbable type, or of an approved equal, with a top rail and
shall be constructed of heavy galvanized material.
e.Gates, where provided, shall be of the spring lock type so that they shall
automatically be in a closed and fastened position at all times. They shall also be
equipped with a gate lock and shall be locked when the swimming pool is not in
use.
(5) Size. The minimum size of all commercial swimming pools shall be 450 square feet with a
minimum dimension of 15 feet and all required walkways shall have a minimum width of
four feet around the swimming pool, exclusive of the coping. Commercial swimming
pools shall also satisfy all applicable requirements of any governmental agency having
jurisdiction.
(6) Visual barriers for swimming pools. Accessory swimming pools when located on any
yard, facing a public street or alley, shall be screened from public view by a hedge, wall or
fence not less than five feet in height. The hedge shall be planted and maintained so as to
form a continuous dense row of greenery as per the requirements of this division. The
3
maximum height of the visual barrier shall be pursuant to article IV, division 5 of this
chapter.
(7) Corner properties within Single Family Districts:
For corner lots with a home built prior to 2006, a ten-foot setback from the front
Property line and from the side lot line facing the street to the swimming pool, deck,
platform or screen enclosure. For corner lots with radial corners, the front setback
and the side setback facing the street shall be taken from the midpoint of the curve
of the corner of the property.
(8) Homes with two fronts, or thru lots, within Single Family Districts:
Lots with two fronts, as defined by Section 114-1 of the City Code, shall be
permitted to place a pool and pool deck, with a minimum ten-foot setback from the
front property line, at the functional rear of the house.
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
relettered 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 be and the same 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 DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this f 54day of J-aktfOrX , 2014.
MAYOR
4
0 :
ATTEST:
INCOPP ORATED:
CITY CL K '�'•. �_
....• �PPROVED AS TO FORM &
/, NGUAGE & FOR EXECUTION
TJAV.- 4-
�rCity Attorney Date
First Reading: May 8, 2013
Second Readin Janua ly 15, 014
Verified by: _
Acting Planning Director
Underscore denotes new language
01/02/2014
T:WGENDA\2014Wanuary\Accessory Setback Encroachments-ORD 2nd Reading.docx
5
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment modifying the setback requirements for
certain types of encroachments including carports, mechanical equipment and swimming pools.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summa /Recommendation:
SECOND READING
The proposed Ordinance would modify the setback requirements for certain types of encroachments
including carports, mechanical equipment and swimming pools.
The subject Ordinance was approved at First Reading on May 8, 2013, and referred to the Land Use
Committee for further discussion, prior to Second Reading. On October 23, 2013, the Land Use
Committee referred the Ordinance back to the Full Commission with a favorable recommendation.
The item was placed on the December 11, 2013 Commission agenda, and continued to a date certain
of January 15, 2014.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
FOn Ap ril 3, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a
e of 6-1.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal
impact.
City Clerk's Office Legislative Tracking:
Richard Lorber or Thomas Mooney
Sign-Offs:
Department Director ssistant City Manager Ci Manager
T:\AGENDA\2014\January\Accessory Setbac Encroac ents-SUM d Read.docx
AGENDA ITEM V
I A EA H
� DATE � ��
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members the City mm
ission
FROM: Jimmy L. Morales, City Manager
DATE: January 15, 2014
SECOND READING
SUBJECT: Accessory Setback Encroachmen
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," SECTION
142-1132, "ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS,"
TO MODIFY THE SETBACKS FOR ALLOWABLE ENCROACHMENTS
INCLUDING DRIVEWAYS, CARPORTS AND MECHANICAL EQUIPMENT;
AND BY AMENDING SECTION 142-1133, "SWIMMING POOLS," TO
MODIFY THE SETBACK REQUIREMENTS FOR SWIMMING POOLS AND
THE REQUIREMENTS FOR THE CONSTRUCTION OF SWIMMING POOLS
ON CORNER AND THRU LOTS WITHIN SINGLE FAMILY DISTRICTS;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
At the June 13, 2012 Land Use Committee meeting, Planning Department staff
presented ideas for improving efficiency and reducing the costs and timeframes
associated with the Board review process. The Committee requested that staff bring
back a list of common variances that go to the Board of Adjustment.
At the July 25, 2012 Land Use Committee meeting, Planning Department staff presented
examples of variances that were fairly routine and common. These variances also
represented areas of the existing zoning code that could be modified to reduce the
number of applications that are required to go to the Board of Adjustment for public
hearing. Planning staff was instructed to bring the modifications necessary to reduce and
eliminate variances in these particular areas back to the Committee in Ordinance form.
On January 23, 2013, Planning Staff proposed three (3) separate Ordinances to the
Land Use Committee; these Ordinances pertained to
0 RM-3 Accessory Use Signage
Commission Memorandum
Accessory Setback Encroachments
January 15, 2014 Page 2 of 3
• Accessory Setback Encroachments
• Minimum Units Sizes for Historic Hotels and RM-2 Setback Requirements
Each of these proposed Ordinances was referred to the Planning Board by the Land Use
Committee on January 23, 2013 and by the City Commission on February 6, 2013.
ANALYSIS
The Board of Adjustment has reviewed many variances for single family homes located
on corner lots, as the narrow side of the lot is considered the front for zoning purposes.
However, many corner homes face the longer side of the lot, considered for zoning
purposes as the side yard facing the street. The setbacks are larger for front yards than
they are for side yards facing the street. This causes problems for those corner homes
oriented towards the longer side of the lot, especially when the homeowner is seeking to
install a pool. A modification of setback requirements for swimming pools has been
proposed that clarifies and eases the minimum yard requirements for pools and related
equipment on corner lots and through lots (2 fronts), located within single family districts.
The proposed ordinance also addresses setback encroachments for the perimeter
portions of infinity edge pools, which are becoming more common in single family
homes. The attached illustration provides a visual comparison of the existing and
proposed requirements.
Staff has also noted that since changes were made to FEMA regulations after Hurricane
Wilma, more variances have been required for the installation of central air conditioning
units and generators within interior side yards in single family and low density multi-
family districts. These pieces of equipment are now required to be raised off the ground
to meet minimum flood requirements. When coupled with the taller design of energy
efficient equipment, the result is an encroachment that exceeds the current height limit of
five (5) feet from grade. The proposed ordinance seeks to address this by increasing
the maximum height for allowable setback encroachments in single family and RM-1
districts to not exceed five (5) above flood elevation, with a maximum height of 10 feet
above grade. This change is expected to be able to accommodate most standard
mechanical equipment within interior yards. The attached illustration provides a visual
comparison of the existing and proposed requirements.
Finally, staff has revised the encroachment requirements pertaining to driveways and
carports, which are currently allowable encroachments within a front yard. In this regard,
there are some instances, particularly on corner properties, where the main entrance to
the home faces a side street, and not the front yard. In these particular instances, it is
not possible for a home. owner to have a carport where the car is typically parked,
without a variance. The proposed Ordinance would extend the allowable projection for
carports and driveways to a side street yard, if the main entrance of the home is located
on the side street.
PLANNING BOARD REVIEW
The Planning Board reviewed the subject Ordinance on April 3, 2013, and transmitted it
to the City Commission with a favorable recommendation by a vote of 6 to 1.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
Commission Memorandum
Accessory Setback Encroachments
January 15, 2014 Page 3 of 3
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
UPDATE/SUMMARY:
On May 8, 2013, the City Commission approved the subject Ordinance at First Reading
and referred the matter back to the Land Use and Development Committee for further
discussion, prior to Second Reading. Specifically, the City Commission requested that
additional language regarding neighbor notification for the relaxation of mechanical
equipment setbacks be included in the ordinance. Staff revised this section of the
Ordinance to include this revision. The Land Use Committee reviewed the proposed
changes on October 23, 2013 and referred the matter back to the Full Commission with
a favorable recommendation.
The subject Ordinance was placed on the December 11, 2013 City Commission agenda
and continued to a date certain of January 15, 2014.
Since the review of the Ordinance by the Land Use Committee, the Administration has
clarified that the proposed allowable encroachments for mechanical equipment also
include an allowance for any required screening apparatus. The Administration has
also continued to evaluate the feasibility and practicality of the proposed neighbor
notification language for mechanical equipment. In this regard, the notification of an
adjacent neighbor is not required under the current code, and the actual setback
distance is not being modified; the only change proposed herein is a modest increase in
the allowable height of the projection, in order to address FEMA regulations.
As a public hearing would not be required for the proposed encroachment, it would be
difficult to verify whether the adjacent property owner has been made aware of the
proposed change. Moreover, if the neighbor should object, for whatever reason, it would
be even more difficult to arrange an appropriate avenue for redress. Accordingly, the
Administration would recommend that a requirement for neighbor notification not be
included in the proposed Ordinance.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
JLM/JGG/RGL/TRM
T:\AGENDA\2014\January\Accessory Setback Encroachments-MEM 2nd Read.docx
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