2014-3880 Ordinance Accessory Structures, FPL Transformers, ADA Walkways and Height Encroachments
ORDINANCE NO. 2014-3880
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT.
REGULATIONS," DIVISION 4 "SUPPLEMENTARY YARD REGULATIONS," BY
AMENDING SECTION 142-1132, "ALLOWABLE ENCROACHMENTS WITHIN
REQUIRED YARDS", TO MODIFY SETBACK REQUIREMENTS AND
DEVELOPMENT REGULATIONS FOR ACCESSORY BUILDINGS AND FPL
TRANSFORMERS IN SINGLE FAMILY DISTRICTS, AND AMERICANS WITH
DISABILITIES ACT (ADA) WALKWAYS; BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5 "HEIGHT
REGULATIONS," BY AMENDING SECTION 142-1161, "HEIGHT REGULATIONS
EXCEPTIONS", TO MODIFY HEIGHT EXCEPTIONS TO ADD BATHROOMS ON
ROOF DECKS REQUIRED UNDER THE BUILDING CODE; 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 all neighborhoods within the City, including single family, multifamily, and
commercial districts; and
WHEREAS,-the City of Miami Beach desires to amend the existing requirements for
accessory structures and allowable encroachments within single family districts; and
WHEREAS, the City of Miami Beach desires to amend the existing requirements for
allowable height exceptions outside of single family districts; and
WHEREAS, the Planning Board, at its meeting dated May 5, 2014 by a vote of 7-0
recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article IV, "Supplementary
District Regulations," Division 4, "Supplementary Yard Regulations," Section 142-1132,
"Allowable Encroachments within Required Yards", is hereby amended as follows:
Sec. 142-1132. Allowable encroachments within required yards.
(a) Accessory buildings.
(1) In all districts, except single-family districts, accessory buildings which are not a
part of the main building may be constructed in a rear yard, provided such
accessory building does not occupy more than 30 percent of the area of the
required rear yard and provided it is not located closer than seven and one-half
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feet to a rear or interior side lot line and 15 feet when facing a street. Areas
enclosed by screen shall be included in the computation of area occupied in a
required rear yard lot but an open uncovered swimming pool shall not be
included.
(2) In single family districts, the followini the regulations +e
(a)(!) eXGept that: shall apply to accessory buildings within a required rear yard:
a. Lot Coverage. Accessory buildings that are not a part of the main
building, shall be included in the overall lot coverage calculations for the
site, and may be constructed in a rear yard, provided such accessory
building (or accessory buildings) does not occupy more than 25 percent
of the area of the required rear yard. Areas enclosed by screen shall be
included in the computation of area occupied in a required rear yard lot
but an open uncovered swimming pool shall not be included.
b. Size. The area of accessory buildings shall be included in the overall unit
size calculation for the site. In no instance shall the total size of all
accessory building(s) exceed 10% of the size of the main home on the
subiect site, or 1500 square feet, whichever is less.
C. Two-story structures. The second floor of an accessory building shall not
exceed 50% of the first floor area.
d. Building Separation. Accessory buildings shall be separated from the
main home by a minimum of 5 feet, open to the sky with no overhead
connections.
e. Setbacks.
1. Single Story. A single story accessory building shall not be located
closer than seven and one-half feet to an interior rear or interior
side lot line, and 15 feet when facing a street. When facing a
waterway, the minimum rear setback shall not be less than one-
half of the required rear setback.
2. Two-Story. A two-story accessory she building shall not be
located closer than seveR and one half 10 feet to an interior side
lot line, or the required side yard setback, whichever is greater, 15
feet when facinq a street, and a rear setback of 15 feet. When
facing a waterway, the minimum rear setback shall not be less
than one-half of the required rear setback, or 15 feet, whichever is
greater.
f. Height. Accessory buildings shall be limited to two stories. The maximum
height above adjusted grade shall not exceed 44-12 feet for a one-story
structure and 2-5 20 feet for a two-story structure. The allowable height
exceptions of Section 142-1161 shall not apply to accessory buildings in
single family districts.
g. Uses. Accessory buildings shall be limited to uses that are accessory to
the main use, including but not limited to garage, carport, pergola,
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cabana, gazebo, maid's or guest's quarters. Components of the main
structure, such as detached bedrooms or any habitable area of the single-
family structure shall not be considered accessory uses..
h. Utilities. Accessory buildings may contain heating and air conditioning,
washers and dryers, toilets, bar sinks and showers, but may not have full
kitchen facilities. An outdoor built-in barbecue grill or similar cooking
equipment shall be allowed as an accessory use, as may be permitted by
the fire marshal and in accordance with the regulations contained in any
applicable safety code or Florida Building Code.
(o) Projections. In all districts, 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 of the required yard up to a
maximum projection of six feet, unless otherwise noted.
(1) Belt courses.
(2) Chimneys.
(3) Cornices.
(4) Exterior unenclosed private balconies.
(5) Ornamental features.
(6) Porches, platforms and terraces (up to 30 inches above the elevation of the lot,
as defined in subsection 142-105(a)(1)e.
(7) Roof overhangs.
(8) Sills.
(9) Window or wall air conditioning units.
(10) Bay windows (not extending floor slab).
(11) Walkways: Maximum thFee and GRe half foot 44 inches. May be increased to a
maximum of five 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 #rent yards and side
yards faninn a s+,-oo+ may exceed these restrictions when approved through the
design review or certificate of appropriateness procedures, as applicable, and
pursuant to chapter 118, article VI, of the City Code.
(12) Electrical transformers and associated concrete pads, as required by Florida
Power & Light (FPL) may be located up to the front or street side property line in
single family districts.
(p) Satellite dish antennas. In all districts, satellite dish antennas are only permitted in the
rear yard or on top of multifamily or commercial buildings. Antennas shall be located and
sized where they are not visible from the street. Satellite dish antennas shall be
considered as an accessory structure; however the height of the equipment including its
3
base to the maximum projection of the antenna, based upon maximum operational
capabilities, to the top part of the antenna shall not exceed 15 feet. If it is attached to the
main structure it may not project into a required yard.
SECTION 2. That Chapter 142, "Zoning Districts and Regulations," Article IV, "Supplementary
District Regulations," Division 5, "Height Regulations," Section 142-1161, "Height regulations
exceptions," is hereby amended as follows:
Sec. 142-1161. Height regulation exceptions.
For all districts, except RS-1, 2, 3 and 4 (single-family residential districts).
(a) The height regulations as prescribed in these land development regulations shall not
apply to the following when located on the roof of a structure or attached to the main
structure. For exceptions to the single-family residential districts, see subsection 142-
105(e).
(1) Air conditioning, ventilation, electrical, plumbing equipment or equipment rooms.
(2) Chimneys and air vents.
(3) Decks, not to exceed three feet above the main roofline and not exceeding a
combined deck area of 50 percent of the enclosed floor area immediately one
floor below.
(4) Decorative structures used only for ornamental or aesthetic purposes such as
spires, domes, belfries, not intended for habitation or to extend interior habitable
space. Such structures shall not exceed a combined area of 20 percent of the
enclosed floor area immediately one floor below.
(5) Elevator bulkheads or elevator mechanical rooms.
(6) Flagpoles subject to the provisions of section 138-72
(7) Parapet walls, not to exceed three and one-half feet above the main roofline
unless otherwise approved by the design review board up to a maximum of 25
feet in height.
(8) Planters, not to exceed three feet in height above the main roofline.
(9) Radio, television, and cellular telephone towers or antennas, and rooftop wind
turbines.
(10) Stairwell bulkheads.
(11) Skylights, not to exceed five feet above the main roofline.
(12) Stage towers or scenery lofts for theaters.
(13) Swimming pools, whirlpools or similar structures, which shall have a four-foot
wide walkway surrounding such structures, not to exceed five feet above the
main roofline.
(14) Trellis, pergolas or similar structures that have an open roof of cross rafters or
latticework.
(15) Water towers.
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(16) Bathrooms required by the Florida Building Code, not to exceed the minimum
size dimensions required under the Building Code, provided such bathrooms are
not visible when viewed at eve level (5'-6"from grade) from the opposite side of
the adiacent right-of-way; for corner properties, such bathrooms shall also not be
visible when viewed at eve level (5'-6" from grade) from the diagonal corner at
the opposite side of the right-of-way and from the opposite side of the side street
right-of-way.
(b) The height of all allowable items in subsection (a) of this section, unless otherwise
specified, shall not exceed 25 feet above the height of the roofline of the main structure.
When any of the above items are freestanding, they shall follow the height limitations of
the underlying zoning district (except flagpoles which are subject to section 138-72).
(c) Notwithstanding other provisions of these regulations, the height of all structures and
natural growth shall be limited by the requirements of the Federal Aviation Agency and
any airport zoning regulations applicable to structure and natural growth.
SECTION 3. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith
be and the same are hereby repealed.
SECTION 4. 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 5. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 6. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this // day of 7t-4n , 2014.
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ATTEST:
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CITY C ERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
NCORP ORATED City Attorney Date
First Reading: May 21, **--. �
Second Reading: J ne 11, �` •'••. '�'� _
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language.
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COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment pertaining to Accessory Structures located
within Single Family Districts and allowable setback and height encroachments city-wide.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
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 Summary/Recommendation:
SECOND READING—PUBLIC HEARING
The proposed Ordinance would modify the development regulations for Accessory Structures
permitted within the rear yard of single family homes, as well as modify height exceptions for code
required bathrooms and allowable setback encroachments for walkways and FPL transformers.
On May 21, 2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for June 11, 2014.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
F tn May 5, 2014, the Planning Board recommended approval of the subject Ordinance by a vote of 7
0.
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, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
Department Director Assistant City Manager City Manager
a
T:\AGENDA\2014\June\Accessory Structures and Setback Encroachments-SUM 2nd U docx
&AIAMIBEACH AGENDA ITEM
� DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members f the City mmission
FROM: Jimmy L. Morales, City Manager
DATE: June 11, 2014 SE OND READING —PUBLIC HEARING
SUBJECT: Accessory Structures, FPL Tr nsformers, ADA Walkways and Height
Encroachments
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4
"SUPPLEMENTARY YARD REGULATIONS," BY AMENDING SECTION
142-1132, "ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS",
TO MODIFY SETBACK REQUIREMENTS AND DEVELOPMENT
REGULATIONS FOR ACCESSORY BUILDINGS AND FPL
TRANSFORMERS IN SINGLE FAMILY DISTRICTS, AND AMERICANS WITH
DISABILITIES ACT (ADA) WALKWAYS; BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5 "HEIGHT
REGULATIONS," BY AMENDING SECTION 142-1161, "HEIGHT
REGULATIONS EXCEPTIONS", TO MODIFY HEIGHT EXCEPTIONS TO
ADD BATHROOMS ON ROOF DECKS REQUIRED UNDER THE BUILDING
CODE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 12, 2014, the City Commission adopted an Ordinance amendment to the
single family development regulations, incorporating numerous revisions including
limitations on lot coverage, unit size, roof-decks, lengths of 2-story side elevations, and
limitations on the percentage of a home's second floor area. At the same meeting, at
the request of Commissioner Joy Malakoff, the City Commission referred an Ordinance
amendment pertaining to accessory structures in single family districts to the Planning
Board.
The Land Use and Development Committee discussed the proposed accessory
structures Ordinance on March 19, 2014, which also included allowable projections and
height encroachments outside of single family districts, and recommended approval.
Commission Memorandum
Ordinance—Accessory Structures and Setback Encroachments
June 11, 2014 Page 2 of 3
ANALYSIS
Presently, accessory structures may occupy up to 30% of the area of the rear yard and
may be located as close as 7.5 feet from an interior or rear property line for a single
story structure. Interior setbacks for 2-story structures are 7.5 feet or the required rear
setback, whichever is greater, and a rear setback of 15 feet. Concerns have been
expressed with the minimal setbacks required, especially fronting waterways, and the
size of these accessory buildings, which often contain large guest quarters with multiple
bedrooms.
The following is a summary the proposed Ordinance changes for accessory buildings in
single family districts:
• Lot coverage for accessory buildings has been reduced from 30% to 25%
• The overall size of accessory buildings has been limited to 10% of the size of the
main home, or 1500 square feet, whichever is less. Previously there was no cap
on the overall size.
• The second floor of 2-story buildings shall not exceed 50% of the first floor area.
• Accessory buildings shall be separated by a minimum of 5 feet, open to the sky
with no overhead connections.
• The setback requirements for single story structures has been increased from 7.5
feet to not less than one-half of the required rear setback when facing a
waterway.
• The interior side setback requirements for 2-story structures has been increased
from 7.5 feet or the required setback, whichever is greater' to 10 feet or the
required setback, whichever is greater."
• The rear setback for 2-story structures facing a waterway has been increased
from 15 feet to not less than one-half of the required rear setback or 15 feet,
whichever is greater.
• Height has been reduced from 18 feet to 12 feet for a single story structure and
from 25 feet to 20 feet for 2-story structures.
• It has also been clarified that the allowable height exceptions of Section 142-
1161 shall not apply to accessory buildings in single family districts.
Also included in this Ordinance amendment is an addition to the allowable
encroachments section of the City Code in order to permit the construction of required
FPL transformers and associated concrete pads within the front yards of single family
homes. A modification to the ADA walkways section is also proposed in order to
increase the width of such walkways from 42 inches to the Building Code required 44
inches, and also allow such walkways not only within the front yards and sideyards
facing a street, but in all required yards.
Lastly, the Ordinance proposes an additional height regulation exception for all districts
except single family districts, to allow bathrooms which are required under the Florida
Building Code, as an allowable height exception. Although pool and pool decks are
allowable height exceptions outside of single family districts, currently bathrooms are not
an allowable height exception and must be located below the maximum permitted height
of the applicable zoning district. Problems arise when a rooftop pool is proposed on top
of an existing or proposed building, which is at its maximum height. Because bathrooms
are required in association with the construction of a pool, the proposed Ordinance
amendment would allow bathrooms as an allowable height exception.
PLANNING BOARD REVIEW
On May 5, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission Memorandum
Ordinance—Accessory Structures and Setback Encroachments
June 11, 2014 Page 3 of 3
Commission with a favorable recommendation by a vote of 7 to 0 (PB File No. 2171).
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
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
SUMMARY
On May 21, 2014, the subject Ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM
T:WGENDA\2014\June\Accessory Structures and Setback Encroachments-MEM 2nd Read.docx
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