Ordinance 93-2831ORDINANCE NO.
93-2831
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY:
1. AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULATIONS," AMENDING
SUBSECTION 6-25, ENTITLED "SUPPLEMENTARY YARD REGULATIONS" BY
CHANGING THE PERMITTED MAXIMUM HEIGHT OF HEDGES AND REQUIRING
PROPER MAINTENANCE;
2. AMENDING SECTION 8, "LANDSCAPE STANDARDS," AMENDING SUBSECTION
8-6, ENTITLED "LANDSCAPE CRITERIA" BY CHANGING THE PERMITTED MAXIMUM
HEIGHT OF HEDGES AND REQUIRING PROPER MAINTENANCE;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Planning Board has had considerable discussion on the matter of regulating
hedge height in the City of Miami beach; and,
WHEREAS, after holding two public hearings and a workshop session, the Planning Board
voted to recommend 5-2 that the existing restrictions on hedge height be eliminated, except for
corner triangles of visibility, and that they be replaced with maintenance standards; and,
WHEREAS, other municipalities in South Florida regulate hedges by a maintenance standard,
rather than by height; and,
WHEREAS, the City Commission believes that the amendments contained herein are necessary
to the welfare of the citizens of the City of Miami Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
Underlined = new language
ike-est — deleted language
SECTION 1. That Subsection 6-25 of Zoning Ordinance No. 89-2665, entitled "Supplementary
Yard Regulations" is hereby amended as follows:
6-25 SUPPLEMENTARY YARD REGULATIONS
B. Allowable Encroachments
*
9. Hedges - All districts
a. No height limitation; hedge material must be kept neat, evenly
trimmed and properly maintaincd. For Corner visibility
regulations see Section 6-26. - -
setback.
1
SECTION 2. That Subsection 8-6 of Zoning Ordinance No. 89-2665, entitled "Landscape
Criteria" is hereby amended as follows:
8-6 LANDSCAPE CRITERIA
When the Site is located in an arca designated for landscape review, the following
regulations shall be used in evaluating the plans:
A. All districts except I-1
2. Hedges or other living barrier;
*
*
*
b. No height limitation; hedge material must be kept neat, evenly
trimmed and properly maintained. For Corner visibility
regulations see Section 6-26.
Side or Rear Yards Abutting a Right of Way.
shall have a maximum height of five (5) foot. Hedges or other
wall or fence, whichever is greater.
*
*
*
SECTION 3. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 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. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith
be and the same are herewith repealed.
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 on the 16th day
of January , 199 3.
PASSED and ADOPTED this 6th
1993.
ATTEST:
CITY CLERK
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a:\hedgamnd
1st reading 12/16/92 FORM APPROVED
2nd reading LECAL DEPT.
By Hca
Date 6" / 7--- 9d2
2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. /5-93
TO: Mayor Seymour Gelber and DATE: January 6, 1993
Members of the City Commission
FROM: Roger M. Ca (� 1
City Manager._ l� Lt
SUBJECT:
PROPOSED AMENDMENTS TO ZONING ORDINANCE 89-2665; CHANGING
THE PERMITTED HEIGHT OF HEDGES
ADMINISTRATION RECOMMENDATION
The issue of regulating hedge height in Miami Beach is one that has caused considerable
discussion and debate over the past year by the Planning Board. The Board voted to
recommend approval of the attached Ordinance. The Administration concurs and recommends,
that the City Commission hold its second public hearing on this matter and, upon receiving
public input, approve these proposed amendments.
BACKGROUND
The Reauest
The Administration is requesting the City Commission to consider an amendment to Zoning
Ordinance 89-2665 amending Sections 6-25 entitled "Supplementary Yard Regulations" and 8-6
entitled "Landscape Criteria" by changing the permitted height of hedges. The amendment
would effectively eliminate hedge requirements and replace them with maintenance standards,
except in the "triangle of visibility" of a corner lot. For said corner Lots, in order to keep
traffic visibility unobstructed at street intersections, Sub -Section 6-26A. already requires that
there can be no planting between two and eight feet above the grade at street corner, within
fifteen feet of the intersection. This latter requirement is not proposed to be changed.
Chronoloev
September 24 and
October 3, 1991
Dec. 16, 1991
July, 1992
Sept. 20, 1992
October 27, 1992
December 16, 1992
Planning Board held a public hearing on a package of zoning
amendments. After considerable discussion and a continued
hearing, the amendments relating to hedge height were deferred
for further study and review.
Planning Board held a public hearing on two amendments, one of
which related to hedge height. After numerous motions which
failed to pass, the sections dealing with hedge height were
deferred for consideration at a later date.
Staff meets with Messrs. Hertz and Robins to discuss alternatives
to hedge height; no consensus is developed.
Planning Board holds workshop, wherein it was concluded that
there should no longer be a height limitation imposed on hedges
as long as they are well maintained.
Planning Board holds a public hearing to eliminate height
requirements; by a vote of 5-2 recommends to approve proposed
amendment to the Ordinance.
City Commission holds public hearing on this Zoning Ordinance
amendment and voted to approve, on first reading.
AGENDA
ITEM
DATE
38
- L-13
ANALYSIS
Maximum Height of Hedges in Miami Beach
With regard to regulating the height of hedges, the City of Miami Beach has had varying
requirements over the years. More particularly, the maximum height of hedges in side and rear
yards has been as follows:
Year
Max. Height of Hedge Zoning Ordinance Number
Prior to Sept. 1971 eight (8) feet 289
Sept. 1971 - Oct. 1989 seven (7) feet 1891
Oct. 1989 - Nov. 1990 ten (10) feet 89-2665
Regulations of Hedge Heights in other Municipalities
The following is a brief analysis of the regulations for hedge height in nearby South Florida
communities. It should be noted that there has been recent case law in the Florida courts that
has stricken down municipal hedge height regulations in a municipality on the basis that they
are not (or cannot) be uniformly enforced.
City Regulation
Coral Gables No height limit, as long as it is well maintained. However, 3 ft. in
triangle of visibility.
Ft. Lauderdale No height limit; 30 inches in triangle of visibility.
Miami 8 ft. in all yards; 30 inches in triangle of visibility.
Palm Beach 4 ft. in front, 6 ft. in rear or sideyards.
Bal Harbour Unlimited height as long as its well maintained. However, 2 ft. in
triangle of visibility.
Surfside 5 ft. in all yards.
Summary of Proposed Chance
Section
Existing Language
Proposed Change
6-25,B.9
Restricts the height of
hedges to five (5) feet when
located in front setback and
to seven (7) feet when
located in the side or rear
setback.
No height restriction.
Hedge material must be
neat, evenly trimmed and
properly maintained.
Reference to the
appropriate Section
regarding Corner Visibility
("triangle of visibility").
8-6,A.2.b.
Restricts the height of
hedges in interior side or
rear yards to ten (10) feet,
(note internal inconsis-
tency). Side or rear yards
abutting a right-of-way are
restricted to a height of
five (5) feet
No height restriction.
Hedge material must be
neat, evenly trimmed and
properly maintained.
Reference to the
appropriate Section
regarding Corner Visibility
("triangle of visibility").
The Administration has concluded that the Zoning Ordinance needs to be changed as it relates
to the regulation of hedge heights and, therefore, is recommending that the proposed
amendments be approved. Like the Planning Board, the Administration is concerned that the
City have an Ordinance that is uniformly enforceable. Also, since a property owner can now
plant a dense row of trees immediately behind a hedge, thereby creating a wall of vegetation
of unlimited height, the imposition of a height limitation on hedges effectively becomes
inconsequential.
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