Ordinance 2018-4158HEIGHT LIMIT MEASUREMENT — REMOVAL OF LIMITS ON STORIES
ORDINANCE NO. 2018 -4158
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3,
"RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM -1
RESIDENTIAL MULTIFAMILY LOW INTENSITY," AT SECTION 142 -
155,SUBDIVISION III, "RM -PRD MULTIFAMILY, PLANNED RESIDENTIAL
DEVELOPMENT DISTRICT," AT SECTION 142 -185, SUBDIVISION IV, "RM -2
RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," AT SECTION 142 -217,
SUBDIVISION V. "RM -3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," AT
SECTION 142 -246, DIVISION 4. "CD -1 COMMERCIAL, LOW INTENSITY
DISTRICT," AT SECTION 142 -276, DIVISION 5. "CD -2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT," AT SECTION 142 -306, DIVISION 6. "CD -3
COMMERCIAL, HIGH INTENSITY DISTRICT," AT SECTION 142 -337,
DIVISION 7. "CCC CIVIC AND CONVENTION CENTER DISTRICT," AT
SECTION 142- 365, DIVISION 11. "1 -1 LIGHT INDUSTRIAL DISTRICT," AT
SECTION 142 -486, DIVISION 12. "MR MARINE RECREATION DISTRICT," AT
SECTION 142 -515, DIVISION 13. "MXE MIXED USE ENTERTAINMENT
DISTRICT," AT SECTION 142 -545, DIVISION 14. "RO RESIDENTIAL /OFFICE
DISTRICT," AT SECTION 142 -575, SUBDIVISION III. "RO -2
RESIDENTIAL /OFFICE LOW INTENSITY, "AT SECTION 142 -589,
SUBDIVISION IV. "RO -3 RESIDENTIAL /OFFICE MEDIUM INTENSITY," AT
SECTION 142 -596, DIVISION 15. "TH TOWNHOME RESIDENTIAL
DISTRICT," AT SECTION 142 -605, DIVISION 16. "WD -1 WATERWAY
DISTRICT," AT SECTION 142 -635, DIVISION 17. "WD -2 WATERWAY
DISTRICT," AT SECTION 142 -665, DIVISION 18. "PS PERFORMANCE
STANDARD DISTRICT," AT SECTIONS 142 -696, 142 -698, AND 142 -701,
DIVISION 19. "SPE SPECIAL PUBLIC FACILITIES EDUCATIONAL
DISTRICT," AT SECTION 142 -733, DIVISION 20, "TC NORTH BEACH TOWN
CENTER DISTRICTS," AT SECTION 142 -737, ARTICLE III. "OVERLAY
DISTRICTS," DIVISION 9, "ALTON ROAD — HISTORIC DISTRICT BUFFER
OVERLAY," AT SECTION 142 -864, DIVISION 11. "OCEAN TERRACE
OVERLAY," AT SECTION 142- 870.1, TO MODIFY THE BUILDING HEIGHT
REQUIREMENTS BY REMOVING LIMITS ON NUMBERS OF STORIES IN
THESE ZONING DISTRICTS AND OVERLAY DISTRICTS; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City Code was amended in 2014 to allow the measurement of
building height starting from the base flood elevation, and
WHEREAS, the City Code was again amended in 2015 to allow the
measurement of building height starting from the base elevation plus up to the
maximum freeboard, and
Page 1 of 30
WHEREAS, a limit on the number of stories does not impact the maximum height
or maximum floor area ratio (FAR), that can be constructed on a site, and
WHEREAS, the removal of limits on stories would have no negative impact on
the distribution of allowable FAR for a property, and
WHEREAS, the removal of limits on stories would potentially allow the same
FAR to be provided on a site in a comparatively smaller, more compact footprint
compared to current limitations , and
WHEREAS, the potential reduction in building footprints can increase the
pervious space available on site, and
WHEREAS, the increase in potential pervious area will aid in the resiliency of the
City, 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 2. Chapter 142, entitled "Zoning Districts and Regulations," of the Code of
the City of Miami Beach, Florida is hereby amended as follows:
Chapter 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. - DISTRICT REGULATIONS
* * *
DIVISION 3. - RESIDENTIAL MULTIFAMILY DISTRICT
* *
Subdivision II. - RM -1 Residential Multifamily Low Intensity
* * *
Sec. 142 -155. - Development regulations and area requirements.
Page 2of30
(b) The lot area, lot width, unit size and building height requirements for the RM -1
residential multifamily, low density district are as follows:
Minimum
Lot Area
(Square
Feet)
Minimum
Lot
Width
(Feet)
Minimum
Unit Size
(Square Feet)
Average
Unit Size
(Square Feet)
Maximum
Building
Height
(Feet)
Maximum
Haber
Stories
of
New construction -550
Non - elderly and elderly
low and moderate
income housing: See
section 142 -1183
Rehabilitated
buildings -400
Hotel units:
15 %: 300 -335
85%: 335+
For contributing hotel
structures, located
within an individual
historic site, a local
New
Historic
Historic
historic district or a
construction—
district -40
district 1
national register district,
which are renovated in
800
Non - elderly and
Flamingo
Park Local
Flamingo
Park Local
accordance with the
elderly low and
Historic
Historic
5,600
50
Secretary of the Interior
moderate
District -35
District 3
Standards and
income housing:
(except as
(except as
Guidelines for the
See section
provided in
142
{9-rev-Wed-in
section 142-
Rehabilitation of Historic
Structures as amended,
retaining the existing
room configuration and
sizes of at least 200
square feet shall be
permitted. Additionally,
the existing room
configurations for the
above described hotel
structures may be
modified to address
applicable life- safety
and accessibility
regulations, provided the
142 -1183
Rehabilitated
buildings -550
section
1161)
Otherwise
50
1-1-64)
Otherwise-
5
200 square feet
minimum unit size is
maintained, and
Page 3 of 30
Subdivision 111. - RM -PRD Multifamily, Planned Residential Development District
Sec. 142 -185. - Development regulations.
The development regulations in the RM -PRD multifamily, planned residential
development district are as follows:
(1) Maximum floor area ratio is 1.6.
(2) Minimum lot area is ten acres.
(3) Minimum lot width is not applicable.
(4) Minimum unit size for new construction is 750 square feet.
(5) Average unit size for new construction is no less than 1,000 square feet.
(6) Maximum building height is 120 feet.
(7)
{8) Lots, plots, and parcels of land that were designated RM -PRD under this
section on October 1, 1989 (the "parent tract "), whether improved or
unimproved or building site, as defined under the land development regulations
of this Code, designated by number, letter or other description in a plat of a
subdivision, may be further divided or split under this section, as long as all
development on the parent tract collectively is in compliance with this section.
Such division or split shall be considered to be in compliance with the
regulations of this subdivision, and shall not be reviewed under city land
development regulations section 118, article VII. Development under this
section shall be subject to review under the design review procedures pursuant
to chapter 118, article VI of this Code. The design review board, in reviewing
projects proposed for this district, shall take into consideration the contextual
relationship of existing and approved projects, and the buildout of the remainder
of the district. This section shall be retroactive to include all parcels and
buildings existing as of March 18, 2003.
Page 4 of 30
provided the maximum
occupancy per hotel
room does not exceed 4
persons.
Subdivision 111. - RM -PRD Multifamily, Planned Residential Development District
Sec. 142 -185. - Development regulations.
The development regulations in the RM -PRD multifamily, planned residential
development district are as follows:
(1) Maximum floor area ratio is 1.6.
(2) Minimum lot area is ten acres.
(3) Minimum lot width is not applicable.
(4) Minimum unit size for new construction is 750 square feet.
(5) Average unit size for new construction is no less than 1,000 square feet.
(6) Maximum building height is 120 feet.
(7)
{8) Lots, plots, and parcels of land that were designated RM -PRD under this
section on October 1, 1989 (the "parent tract "), whether improved or
unimproved or building site, as defined under the land development regulations
of this Code, designated by number, letter or other description in a plat of a
subdivision, may be further divided or split under this section, as long as all
development on the parent tract collectively is in compliance with this section.
Such division or split shall be considered to be in compliance with the
regulations of this subdivision, and shall not be reviewed under city land
development regulations section 118, article VII. Development under this
section shall be subject to review under the design review procedures pursuant
to chapter 118, article VI of this Code. The design review board, in reviewing
projects proposed for this district, shall take into consideration the contextual
relationship of existing and approved projects, and the buildout of the remainder
of the district. This section shall be retroactive to include all parcels and
buildings existing as of March 18, 2003.
Page 4 of 30
Subdivision IV. - RM -2 Residential Multifamily, Medium Intensity
Sec. 142 -217. - Area requirements.
The area requirements in the RM -2 residential multifamily, medium intensity district
are as follows:
Minimum
Lot Area
(Square
Feet)
Minimum
Lot
Width
(Feet)
Minimum
Unit Size
(Square Feet)
Average
Unit Size
(Square Feet)
Maximum
Building
Height
(Feet)
nnwmi im
r
Stories
of
New construction—
550
Historic
district -50
Historic
district 5
Non- elderly and
elderly low and
moderate income
housing: See section
142 -1183
Rehabilitated
(except as
provided in
section 142-
1161)
Area bounded
by Indian
(except as
provided in
section 142
444-)
d
by Indian
buildings -400
Hotel units:
15 %: 300 -335
New
construction—
800
Creek Dr.,
Collins Ave.,
26th St., and
Creek Dr.,
Collins Ave.,
26th St.,
and
85 %: 335+
Non - elderly and
44th St. -75
/14th St. 8
For contributing hotel
elderly low and
Area fronting
Arca fronting
structures, located
moderate
west side of
west side of
7,000
50
within an individual
income
Collins Ave.
�'lt,�
historic site, a local
housing: See
btwn. 76th St.
between
historic district or a
section 142-
79th St.
Arthur Godfrey
and
national register
1183
75
Rd. and W.
district, which are
Rehabilitated
Area fronting
3'lth St. 8
renovated in
buildings -550
west side of
Area fronting
accordance with the
Hotel units—
Alton Rd.
west side of
Secretary of the
Interior Standards
and Guidelines for the
N/A
between
Arthur Godfrey
Rd. and W.
Collins Ave.
btwn. 76th St.
79th St.
and
Rehabilitation of
34th St -85
8
Historic Structures as
amended, retaining
the existing room
configuration and
sizes of at least 200
square feet shall be
Otherwise -60
Lots fronting
Biscayne Bay
less than
45,000 sq.
ft. -100
Otherwise-6.
Lots fronting
Biscayne Bay
less than
45,000 sq.
ft. 11
Page 5 of 30
Subdivision V. - RM -3 Residential Multifamily, High Intensity
Sec. 142 -246. Development regulations and area requirements.
* * *
(b) The lot area, lot width, unit size and building height requirements for the RM -3
residential multifamily, high intensity district are as follows:
Minimum
Lot Area
(Square
Feet)
Minimum
Lot
Width
(Feet)
permitted.
Average
Unit Size
(Square
(q uare Feet )
Lots fronting
Lots fronting
7,000
50
Additionally, the
New
construction -
800
Non - elderly
and elderly low
and moderate
income
housing: See
section 142-
Biscayne Bay
Biscayne Bay
lots 22
Architectural
dist.: New
existing room
configurations for the
ground
additions
over 45,000
sq. ft. -140
,
sq. ft. 15
above described hotel
Lots fronting
Lots fronting
structures may be
Atlantic Ocean
Atlantic Ocean
modified to address
applicable life- safety
over 100,000
sq. ft. -140
,
ft. 15
sq.
and accessibility
Lots fronting
Lots fronting
regulations, provided
Atlantic Ocean
Atlantic Ocean
the 200 square feet
with a property
with a property
minimum unit size is
line within 250
line within 250
maintained, and
feet of North
feet of North
provided the
Shore Open
Shore Open
maximum occupancy
Space Park
Space parking
per hotel room does
Boundary—
Boundary 21
.
not exceed 4 persons.
200
Subdivision V. - RM -3 Residential Multifamily, High Intensity
Sec. 142 -246. Development regulations and area requirements.
* * *
(b) The lot area, lot width, unit size and building height requirements for the RM -3
residential multifamily, high intensity district are as follows:
Minimum
Lot Area
(Square
Feet)
Minimum
Lot
Width
(Feet)
Minimum
Unit Size
S
(Square Feet)
Average
Unit Size
(Square
(q uare Feet )
Maximum
Building Height
(Feet)
( )
Maxim -um
Number
of Stories
7,000
50
New
construction -550
Non- elderly and
elderly low and
moderate income
housing: See
section 142 -1183
Rehabilitated
buildings -400
New
construction -
800
Non - elderly
and elderly low
and moderate
income
housing: See
section 142-
150
Oceanfront
lots -200
Architectural
dist.: New
construction—
120; ground floor
additions
-1-6
Oceanfront
lots 22
Architectural
dist.: New
construction
13; floor
ground
additions
Page 6 of 30
Page 7 of 30
Hotel units:
15 %: 300 -335
85 %: 335+
For contributing
hotel structures,
located within an
1183
Rehabilitated
buildings -550
Hotel units—
N/A
(whether
attached or
detached) to
existing
structures on
oceanfront lots
(whether
or
attached
detached) to
existing
rtrosturos on
lots
oceanfront
individual historic
50 (except as
5
(except as
site, a local historic
provided in
provided in
district or a
section 142-
section 1,12
national register
district, which are
renovated in
accordance with
the Secretary of
the Interior
1161)
446-1)
Standards and
Guidelines for the
Rehabilitation of
Historic Structures
as amended,
retaining the
existing room
configuration and
sizes of at least
200 square feet
shall be permitted.
Additionally, the
existing room
configurations for
the above
described hotel
structures may be
modified to
address applicable
life- safety and
accessibility
regulations,
provided the 200
square feet
minimum unit size
is maintained, and
provided the
maximum
occupancy per
hotel room does
not exceed 4
Page 7 of 30
persons.
*
DIVISION 4. – CD -1 COMMERCIAL, LOW INTENSITY DISTRICT
Sec. 142 -276. Development regulations.
The development regulations in the CD -1 commercial, low intensity district are as
follows:
Maximum
Floor
Area
Ratio
Minimum
Lot Area
(Square Feet)
Minimum
Lot Width
(Feet)
Minimum
Apartment
Unit Size
(Square Feet)
Average
Apartment
Unit Size
(Square Feet)
Building
Height
(Feet)
.
Number
of Stories
1.0
Commercial —
None
Residential—
5,600
Commercial—
Commercial —
N/A
New
Commercial —
N/A
New
construction —
800
Rehabilitated
buildings—
550
Non- elderly
and elderly
low and
moderate
income
housing: See
section 142 -
1183
Hotel units -
N/A
40
(e as pt
provided
in section
142-
1161)
4 (except
as
provided
in
construction—
550
Rehabilitated
buildings—
400
Non- elderly
and elderly
low and
moderate
income
housing: See
section 142-
1183
Hotel unit:
15%: 300—
335
85 %: 335+
None
Residential—
50
section
q112
116-1)
* * *
DIVISION 5. - CD -2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
Page 8 of 30
Sec. 142 -306. - Development regulations.
The development regulations in the CD -2 commercial, medium intensity district are as
follows:
Maximu Minimum
m Floor Lot Area
Area (Square
Ratio Feet)
1.5
Commercial
—None
Residential
— 7,000
Minimum
Lot Width
(Feet)
Commercial
—None
Residential
—50
Minimum
Apartment
Unit Size
(Square
Feet)
Commercial
—N /A
New
construction
—550
Rehabilitate
d
buildings -
400
Non - elderly
and elderly
low and
moderate
income
housing:
See section
142 -1183
Hotel unit:
15 %:
300 -335
85 %: 335+
For
contributing
hotel
structures,
located
within an
individual
Page 9 of 30
Average
Apartment
Unit Size
(Square
Feet)
Commercial
— N /A
New
construction
— 800
Rehabilitate
d
buildings -
550
Non- elderly
and elderly
low and
moderate
income
housing:
See section
142 -1183
Hotel units —
N/A
Maximum
Building
Height
(Feet)
50
(except
as
provided
in section
142-
1161).
Self -
storage
warehous
e -40
feet,
except
that the
building
height
shall be
limited to
25 feet
within 50
feet from
the rear
property
line for
lots
abutting
an alley;
and within
ref
of Stories
5 (except
a
provided
in section
112 1161)
Self
storage
warehous
e 4
historic site, 60 feet
a local from a
historic residential
district or a district for
national blocks
register with no
district, alley
which are Mixed -
being use and
renovated in commerci
accordance al
with the buildings
Secretary of that
the Interior include
Standards structured
and parking
Guidelines for
for the properties
Rehabilitatio on the
n of Historic west side
Structures of Alton
as Road
amended, from 6th
retaining the Street to
existing Collins
room Canal -
configuration 60 feet.
shall be
permitted,
provided all
rooms are a
minimum of
200 square
feet.
Additionally,
existing
room
configuration
s for the
above
Page 10 of 30
described
hotel
structures
may be
modified to
address
applicable
life- safety
and
accessibility
regulations,
provided the
200 square
feet
minimum
unit size is
maintained,
and
provided the
maximum
occupancy
per hotel
room does
not exceed 4
persons.
DIVISION 6. - CD -3 COMMERCIAL, HIGH INTENSITY DISTRICT
*
Sec. 142 -337. - Development regulations and area requirements.
*
(c) The lot area, lot width, unit size and building height requirements for the CD -3
commercial, high intensity district are as follows:
Minimum
Minimum
Minimum
Average
Maximum
Maximum
Lot Area
Lot Width
Unit Size
Unit Size
Building
Number
Page 11 of 30
(Square Feet)
(Feet)
(Square Feet)
(Square Feet)
Height
(Feet)
of Stories
Commercial—
75 feet.
N/A
New
construction—
550
Rehabilitated
buildings -400
Non- elderly
and elderly low
and moderate
income
Lots within the
architectural
district: 50 feet.
Lots fronting on
17th Street: 80
feet.
City Center
Area (bounded
by Drexel
Avenue, 16th
7 stories.
Lots within
the
agricultural
district: 5
stories.
Lets
17th Street:
housing: See
Street, Collins
7 stories.
section 142-
Commercial—
Avenue and the
City Ccntcr
1183
N/A
south property
Area
Hotel unit:
New
line of those lots
d
15 %0: 300—
construction —
fronting on the
by Drexel
335
85 %: 335+
For
800
Rehabilitated
buildings—
south side of
Lincoln Road).
100 feet.
Avenue,
16th Street,
Collins
Commercial —
Commercial—
contributing
550
Notwithstanding
Averwe
None
None
hotel
Non - elderly
the foregoing
and
Residential—
Residential—
structures,
and elderly
requirement for
south
7,000
50
located within
low and
City Center
y
an individual
moderate
Area, the
line of
historic site, a
income
following
those lot
local historic
housing: See
additional shall
from
district or a
section 142-
apply:
the south
national
1183
The height for
side
of
register district,
which are
being
renovated in
accordance
with the
Secretary of
the Interior
Standards and
Guidelines for
the
Rehabilitation
of Historic
Structures as
amended,
Hotel units—
N/A
Tots fronting on
Lincoln Road
and 16th Street
between Drexel
Avenue and
Washington
Avenue are
limited to 50 feet
for the first 50'
of lot depth.
The height for
lots fronting on
Drexel Avenue
is limited to 50
feet for the first
Lincoln
Road): 11
stories,
subject to
the
applicable
height
restrictions
{except as
ided-in
se
142 1161).
Page 12 of 30
DIVISION 7. CCC CIVIC AND CONVENTION CENTER DISTRICT
*
Sec. 142 -365. - Development regulations and area requirements.
Page 13 of 30
retaining the
existing room
configuration
shall be
permitted,
provided all
rooms are a
minimum of
200 square
feet.
Additionally,
existing room
configurations
for the above
described hotel
structures may
be modified to
address
applicable life -
safety and
accessibility
regulations,
provided the
200 square
feet minimum
unit size is
maintained,
and provided
the maximum
occupancy per
hotel room
does not
exceed 4
persons.
25' of lot depth
(except as
provided in
section 142 -
1161).
DIVISION 7. CCC CIVIC AND CONVENTION CENTER DISTRICT
*
Sec. 142 -365. - Development regulations and area requirements.
Page 13 of 30
(a) The development regulations in the CCC civic and convention center district are
as follows:
(1) Max. FAR: 2.75.
(b) There are no lot area, lot width or unit size requirements for the CCC civic and
convention center district. Building height and story requirements are as follows:
(1) Maximum building height for hotels: 300 feet; for all other uses: 100 feet.
aim an as _ - -
-
DIVISION 11. -1 -1 LIGHT INDUSTRIAL DISTRICT
Sec. 142 -486. - Development regulations.
There are no lot area, lot width or unit area or unit size requirements in the 1 -1 light
industrial district. The maximum floor area ratio, building height and story
requirements are as follows:
(1) Maximum floor area ratio is 1.0.
(2) Maximum building height is 40 feet.
DIVISION 12. - MR MARINE RECREATION DISTRICT
*
Sec. 142 -515. - Development regulations.
There are no lot area, lot width or unit area or unit size requirements in the MR marine
recreation district. The maximum floor area ratio, building height and story
requirements are as follows:
(1) Maximum floor area ratio is 0.25, except that required parking for adjacent
properties not separated by road or alley shall not be included in permitted floor
area.
(2) Maximum building height is 40 feet.
Page 14 of 30
DIVISION 13. - MXE MIXED USE ENTERTAINMENT DISTRICT.
Sec. 142 -545. Development regulations.
The development regulations in the MXE mixed use entertainment district are as
follows:
Maximum
Floor
Area Ratio
MinimumMinimum
Lot Area
(Square
Feet)
Lot
Width
(Feet)
Minimum
Apartment
Unit Size
(Square
Feet)
Average
Apartment
Unit Size
(Square
Feet)
Maximum
Building
Height
(Feet)
Maximum
Number
of Stories
rtes
All uses -2.0
Except
convention
hotel
development
(as set forth
in section
142 -841)—
3.5
N/A
N/A
Existing
structures:
Apartment
units -400
Hotel
units —in a
local historic
district /site—
200
Otherwise:
15 %:
300 -335
85 %: 335 +construction:
New
construction:
Apartment
units -550
Hotel units:
15 %:
300 -335
85 %:
335+
Existing
structures:
Apartment
units -550
Hotel
units —N /A
New
Apartment
units -800
Hotel
units —N /A
Architectural
district:
Oceanfront—
150
Non-
oceanfront—
ect to section
142 -1161.
section 142
1161)
All other
areas -75
(except as
provided in
section 142
1161)
Architcctural
district:
Oceanfront
Non
5
oceanfront
{except as
c ontinn 1 /I2
4461 -)
All other
8
areas
{except as
provided in
142
scction
Via-)
*
Page 15 of 30
DIVISION 14. - RO RESIDENTIAL /OFFICE DISTRICT
Subdivision I. - RO Residential /Office
Sec. 142 -575. - Development regulations.
The development regulations in the RO residential /office district are as follows:
Max.
Floor
Area
Ratio
Minimum
Lot Area
(Square Feet)(Feet)
Minimum
Lot Width
Minimum
Apartment
Unit Size
(Square
Feet)
Average
Apartment
Unit Size
(Square
Feet)
Maximum
Building
Height
(Feet)
Maximum
Number
of Storics
.5
.75
Residential—
6,000
Office —None
Residential—
50
Office —None
Single-
1,800
Multifamily— Multifamily—
550
Office —N /A
Single-
family —N /A
Multifamily—
800
Office —N /A
33 33 (except
as provided
n section
142 -1161)
3 (except ac
in
provided
section -142 --
1161 )
Subdivision III. - RO -2 Residential /Office Low Intensity
* * *
Sec. 142-589. - Development regulations.
The development regulations in the RO -2 residential /office low intensity district are as
follows:
Max.
Floor
Area
Ratio
Minimum
Lot
Area
(Square
Feet)
Minimum
Lot
Width
(Feet)
Minimum
Unit
Size
(Square
Feet)
Maximum Building
Height
Maximum Number
of Stories
{Feet}
.5
6,000
50
1,800
25 (except as provided
2 (cxcept as
provide•
Page 16 of 30
in section 142 -1161)
in °ection 142 1161)
*
Subdivision IV. - RO -3 Residential /Office Medium Intensity
Sec. 142 -596. - Development regulations.
The development regulations in the RO -3 residential /office medium intensity district are
as follows:
Max.
Minimum
Lot
Minimum
Minimum Unit
Average Unit
Maximum
Maximum
Area
Area
Width
Size
Size
Building
Number
of Stories
Ratio
(Square
Feet)
(Feet)
(Square Feet)
(Square Feet)
Height (Feet)
Historic
Historic
New
New
district -40
district 1
construction—
construction—
(except as
(except as
1.25
5,600
50
550
800
provided in
Rehabilitated
Rehabilitated
section 142-
section 1 /12
buildings -400
buildings -550
1161)
1161)
Otherwise -50
Otherwise 5
DIVISION 15. - TH TOWNHOME RESIDENTIAL DISTRICT
*
Sec. 142 -605. - Development regulations.
The development regulations in the TH townhome residential district are as follows:
(1) Maximum floor area ratio is 0.70.
(2) Minimum lot area is 5,000 square feet.
(3) Minimum lot width is 50 feet.
Page 17 of 30
(4) Minimum apartment unit size is 900 square feet.
(5) Average apartment unit size is 1,100 square feet.
(6) Maximum building height is 40 feet (except as provided in section 142 - 1161).
*
DIVISION 16. - WD -1 WATERWAY DISTRICT
*
Sec. 142 -635. - Development regulations.
The development regulations in the WD -1 waterway district are as follows:
(1) Maximum floor area ratio is not applicable.
(2) Minimum lot area is not applicable.
(3) Minimum lot width is not applicable.
(4) Maximum floor area of building is 40 square feet.
(5) Maximum number of buildings per site is one.
(6) Maximum building height is 12 feet and must use pitched roof.
(7) Maximum number of stories is one.
*
DIVISION 17. - WD -2 WATERWAY DISTRICT
Sec. 142 -665. - Development regulations.
The development regulations in the WD -2 waterway district are as follows:
(1) Maximum floor area ratio is 0.01.
(2) Minimum lot area is not applicable.
(3) Minimum lot width is not applicable.
(4) Minimum apartment unit size is not applicable.
(5) Average apartment unit size is not applicable.
(6) Maximum building height is 15 feet.
Page 18 of 30
* *
DIVISION 18. - PS PERFORMANCE STANDARD DISTRICT
* * *
Sec. 142 -696. - Residential performance standard area requirements.
The residential performance standard area requirements are as follows:
Performance
Standard
Minimum lot area
Minimum lot width
Required open
space ratio
Maximum building
height*
of- stsrics
Maximum floor
area ratio
R-PS1
5,750 square
feet
50 feet
0.60, See
section 142-
704
45 feet
Lots 50 feet
wide or less -
40 feet
5
Lots 50 feet
wide or leoc
4
1.25
Residential Subdistricts
R -PS2
R -PS3
5,750 square 5,750 square
feet feet
50 feet
0.65, See
section 142-
704
45 feet
Lots 50 feet
wide or less -
40 feet
5
Lots 50 feet
wide or less
4
1.50
Page 19 of 30
50 feet
0.70, See
section 142-
704
50 feet
Lots 50 feet
wide or less -
40 feet
5
Lots 50 feet
wide or Icss
4
1.75
R -PS4
5,750 square feet
50 feet
0.70, See section
142 -704
Nonoceanfront-
80 feet;
Oceanfront -100
feet;
Lots 50 feet wide
or Tess -40 feet
Nonoceanfront
6
Oceanfront 11
Lots 50 fcct widc
or Tess /I
In +he Ocean
Bcach Historic
District 7
2.0
Minimum floor area
per apartment unit
(square feet);
except as provided
in section 142-
1183 for elderly
and low and
moderate income
non - elderly
housing
Minimum average
floor area per
apartment unit
(square feet);
except as provided
in section 142-
1183 for elderly
and low and
moderate income
non- elderly
housing
Minimum floor area
per hotel unit
(square feet)
Minimum parking
Minimum off - street
loading
Signs
Suites hotel
New
construction -
700
Rehabilitated
buildings -400
New
construction -
900
Rehabilitated
buildings -550
N/A
New
construction -
650
Rehabilitated
buildings -400
New
construction -
900
Rehabilitated
buildings -550
N/A
New
construction
600
Rehabilitated
buildings -400'
New
construction
850
Rehabilitated
buildings -550
15% = 300—
335 square
feet
85% = 335+
square feet
New
construction -
550
Rehabilitated
buildings -400
New
construction—
800
Rehabilitated
buildings -550
15% = 300 -335
square feet
85% = 335+
square feet
Pursuant to chapter 130 and section 142 -705 requirement.
Pursuant to chapter 130, article 111.
Pursuant to chapter 138.
Pursuant to article IV, division 3 of this chapter.
Page 20 of 30
* Notwithstanding the foregoing provisions regarding maximum building height, in the
Ocean Beach historic district, as defined in subsection 118- 593(e)(2)f., the maximum
building height for a lot located in the R -PS1, R -PS2, or R -PS3 zoning districts:
(i) With a lot exceeding 50 feet, and
(ii) Upon which there exists a contributing structure which has not received a
certificate of appropriateness for demolition (or any such approval has
expired), shall be 40 feet.
1. Notwithstanding the above height restrictions, existing structures within a local
historic district are subject to section 142 -1161.
2. In the R -PS4 zoning district, within the Ocean Beach historic district, when an
existing contributing structure is nonconforming with respect to the height
regulations in section 142 -696, such structure may be repaired, renovated or
rehabilitated regardless of the cost of such repair, renovation or rehabilitation,
notwithstanding the provisions of chapter 118, article IX, "Nonconformances."
3. Reserved.
4. Notwithstanding the above height restrictions, in the R -PS4 zoning district,
within the Ocean Beach historic district, for Tots 100 feet or more in width, the
maximum height shall be 35 feet for the first 60 feet of lot depth, 75 feet
thereafter, subject to the Tine -of -sight analysis of section 142- 697(d). However,
for residential apartment buildings, on Tots 100 feet or more in width, the historic
preservation board, in accordance with certificate of appropriateness criteria,
may allow an increase in the overall height not to exceed six stories, 60 feet for
the first 60 feet of lot depth and 11 storics, 100 feet thereafter, and on Tots 50
feet wide or less may allow an increase in overall height not to exceed 35 feet
for the first 60 feet of lot depth and six stories, 60 feet thereafter, provided all of
the following conditions are satisfied:
a. The property shall be an oceanfront lot;
b. The property shall not contain a contributing building;
c. The sixth top level of the front portion of the new construction on lots 100
feet or more in width shall meet a line -of- sight, which for the purpose of this
section, is defined as not being visible when viewed at eye -level (five feet
six inches from grade) from the opposite side of the Ocean Drive right -of-
way, and on lots 50 feet or less wide shall be subject to the line -of -sight
analysis of section 142- 697(d);
d. The proposed building shall be sited and massed in a manner that
promotes and protects view corridors. At a minimum, a substantial
separation of the tower portion of any structure shall be required;
e. For lots greater than 50 feet in width, the front portion of the structure shall
incorporate a separation in the center of the structure, which is open to sky,
and is at least ten feet in width and 25 feet in depth; the exact location of
such separation shall be subject to the historic preservation board, in
Page 21 of 30
accordance with certificate of appropriateness criteria. Alternatively, the
massing and architectural design of the front portion of the structure shall
acknowledge the historic pattern of residential structures along Ocean
Drive;
g. Reserved ;]
h. The maximum residential density is 60 units per acre;
All required off- street parking for the building shall be provided on site;
required parking may not be satisfied through parking impact fees;
The owner restricts the property to permit only rentals that are no less than
six months and one day per calendar year, through language in its
condominium or cooperative documents, and by proffering a restrictive
covenant, running with the land, or other similar instrument enforceable
against the owner(s), acceptable to and approved as to form by the city
attorney, which shall be executed and recorded prior to the issuance of a
building permit, to ensure that the building remains solely as a residential
apartment building for a minimum of 30 years, and that no uses under
section 142- 902(2)e. are permitted on the premises during that time period;
k. Accepting that the value in the increased height, and the incremental traffic
burden and effect on aesthetics in the district are offset by the conveyance
of an easement for an extension of the beachwalk east of their structures,
the owner provides an easement, acceptable to and approved as to form by
the city attorney, for a public beachwalk on the easterly portion of its
property, as more specifically provided in the plans on file with the city's
public works department.
*
J.
Sec. 142 -698. Commercial performance standard area requirements.
*
(b) The commercial performance standard area requirements are as follows:
Performance
Standard
C -PS1
Commercial Subdistricts
C -PS2
C -PS3 I C -PS4
Minimum lot 6,000 square 6,000 square
6,000 6,000 square
area feet feet ,000 square feet feet
Minimum lot
width
50 feet 50 feet 50 feet
Page 22 of 30
50 feet
Maximum
building
height
aIM am
v� rrximrurn
Hof
stories
Maximum
floor area
ratio
Residential
and /or hotel
development
40 feet; 75 feet
for the Block 51
Properties, the
Block 51 Swap
Property, Block
52 Properties,
and Block 1
Properties
/1; 8 for the
Siock -51
Rroperties the
8-1-Ge-k-5-1-SAAlaia
Property, Block
52 Properties;
Block 1
Properties
1.0; 1.5 for the
Block 51
Properties and
Block 52
Properties, and
2.0 for the Block
1 Properties
Pursuant to all
R -PS2 district
regulations,
except
maximum
building height
for residential
and mixed use
buildings shall
be 75 feet
50 feet —East of
Lenox Avenue
75 feet —West
of Lenox
Avenue
5 East of
I onnv Avenue
7 Wast of
Lenox Avenue
2.0
Pursuant to all
R -PS3 district
regulations,
except
maximum
building height
for residential
and mixed use
buildings shall
be 75 feet
Page 23of30
Non- oceanfront-
80 feet
Oceanfront -100
feet
Non oceanfront 8
Oceanfront 11
2.5
Pursuant to all R-
PS4 district
regulations except
maximum floor
area ratio shall be
2.5; on the
Goodman Terrace
and Hinson
Parcels, the FAR
shall be that
necessary to
achieve 305,500
sq. ft. (estimated at
3.2 FAR), 30
150
2.5
Pursuant to all
R -PS4 district
regulations,
except
maximum floor
area ratio shall
be 2.5, and
open space ratio
0.60 measured
at or above
grade
Minimum
apartment
unit size
(square feet)
Average
apartment
unit size
(square feet)
New
construction -
650
Rehabilitated
buildings -400
New
construction—
900
Rehabilitated
buildings -550
Minim um floor area per hotel
New
construction -
600
Rehabilitated
buildings -400
New
construction -
850
Rehabilitated
buildings -550
storics and 300 ft.
height maximum for
the Goodman
Terrace and Hinson
Parcels, and open
space ratio 0.60
measured at or
above grade
New construction -
550
Rehabilitated
buildings -400
New construction
800
Rehabilitated
buildings -550
New
construction -
550
Rehabilitated
buildings -400
New
construction -
800
Rehabilitated
buildings -550
15% = 300 -335 square feet; 85% = 335 + square feet
unit (square feet) in all districts.
Pursuant to chapter 130 and section 142 -702
requirement,
Pursuant to chapter 130.
Pursuant to chapter 138.
Minimum parking requirements
Minimum off - street loading
Signs
Sec. 142 -701. - Residential limited mixed use performance standards.
Residential limited mixed use performance standards shall be as follows:
Performance Standard
Mixed Subdistricts
Page 24 of 30
RM -PS1
Minimum site area
Minimum site width
Required open space ratio
Maximum building height
Maximum number of ctorics
LL-
Maximum floor area ratio
Minimum floor area per apartment unit
(square feet)
Minimum average floor area per
apartment unit (square feet)
Minimum floor area per hotel unit
(square feet)
Minimum parking
Minimum off- street loading
Signs
Suites hotel
120,000
350 feet
0.60
60 feet above ground or above enclosed
parking
parking
1.5
600
1,000
N/A
Pursuant to chapter 130 and subsection 142 -
706(c) requirement herein
Pursuant to chapter 130, article IV
Pursuant to chapter 138
N/A
*
DIVISION 19. - SPE SPECIAL PUBLIC FACILITIES EDUCATIONAL DISTRICT
Sec. 142 -733. - Development regulations.
Page 25 of 30
These development regulations shall be applicable to uses in the district:
(1) Maximum FAR is 2.50.
(2) Notwithstanding subsection (1) above, the maximum FAR for the Fana Holtz
High School Parcel shall be 3.0 and the maximum FAR for the Mikveh Parcel
shall be 1.0.
(3) For each setback area within the Hebrew Academy School Parcel and the 1.1
Acre Parcel which is adjacent to municipal owned land or a public right -of -way
as of the effective date of the ordinance from which this division is derived, the
front, side and rear yard setback may be zero feet from the applicable property
line.
(4) With respect to the Hebrew Academy Elementary School Parcel and the 1.1
Acre Parcel, parking shall be permitted within the public swale adjacent to any
public road provided that a minimum ten feet setback shall be provided from the
curb or edge of said road pavement. Notwithstanding the foregoing, parking in
the swale area is only permitted to the extent allowed pursuant to the
settlement agreement dated October 17, 1995, and entered into between the
city, the Hebrew Academy, the Citizens for Greenspace and the Daughters of
Israel, Inc.
(5) To the extent development regulations (setbacks, height, signs, etc.) for SPE
lands are not specified in this section, then the applicable development
regulations shall be the average of the requirements contained in the
surrounding zoning districts as determined by the planning and zoning director,
which shall be approved by the city commission, except as provided in
subsection (8) below.
(6) With respect to the Hebrew Academy Elementary School Parcel and the 1.1
Acre Parcel, the maximum building height shall be thc Icoscr of 60 feet above
grade or five stories above a single level of parking; provided, however, with
respect to those certain portions of the buildings indicated in that certain site
plan approved by the city commission of October 17, 1995, (and referenced in
subsection (10) below) as "three stories," the maximum building height for
those portions of buildings shall be thc lesser of 40 feet above grade or three
(7) The parking ratio for the Hebrew Academy Elementary School Parcel, the 1A
Acre Parcel and the Fana Holtz High School Parcel, shall be one parking space
per 3,000 square feet of air- conditioned building space. There shall be no
impact fees for parking or landscaping, and SPE properties shall be prohibited
from participating in the parking impact fee program set forth in chapter 130,
article V of this Code. The parking may be sited below the structures in whole
or in part, provided same is in accordance with the development regulations set
forth herein.
(8) Notwithstanding anything to the contrary contained in the land development
regulations, the existing improvements as of the effective date of the ordinance
from which this division is derived, in any district designated as SPE, shall be
permitted as to height, setbacks, parking, landscaping and all other
Page 26 of 30
development regulations and ratios, and may be rebuilt in substantially the
same building configurations, parking provisions, landscape provisions,
setbacks and other applicable development provisions, notwithstanding the
provision of chapter 118, article IX of this Code.
(9) In the event that GU designated property adjacent to an SPE designated
property is acquired by the owner of the SPE property, then the zoning
designation for the GU land may be designated SPE after approval at a public
hearing before the city commission with notice pursuant to Florida Statute, and
in a manner consistent with the comprehensive plan.
(10) That certain site plan and settlement agreement approved by the city
commission on October 17, 1995, among the city, Greater Miami Hebrew
Academy, Daughters of Israel, Inc., and the Citizens for Greenspace, Inc., shall
be used for purposes of permitting development pursuant to these development
regulations with respect to the properties identified in section 142 -731.
DIVISION 20. - TC NORTH BEACH TOWN CENTER DISTRICTS
Sec. 142 -737. - Development regulations.
(a) The development regulations in the TC -1, TC -2 and TC -3 town center districts are
as follows:
District
TC -1 Town
Center Core
TC -2 Town
Center
Mixed -use
Maximum Floor Area
Ratio
(FAR)
For lots equal to or
less than 45,000 sq.
ft. -2.25
For lots greater than
45,000 sq. ft. -2.75
1.5; except for mixed -
use buildings where
more than 25 percent
of the total area of a
building is used for
Maximum Building Height
125 feet. Buildings fronting on 71st
Street shall by subject to the
additional setbacks as follows:
stories 1-4 shall be setback 10
feet and above the forth story the
building shall be setback 25 feet.
Page 27 of 30
50 feet
Maxima [m
NI-umber of
Stories
12 stories.
5 stories
TC -3 Town
Center
Residential
Office
residential or hotel
units, the maximum
FAR shall be 2.0.
1.25
ARTICLE III. - OVERLAY DISTRICTS
45 feet
Waterfront lots -50 feet
Parking garages as a main use —
See subsection 130 - 68(9).
The facade of buildings facing the
lot front adjacent to streets shall not
exceed 23 feet in height to the top
of the roof deck. Any portion of the
building above 23 feet shall be set
back an additional 1 foot for every
1 foot in height above 23 feet. The
rear facade of buildings shall be set
back an additional 1 foot for every
1 foot in height above 33 feet.
DIVISION 9. - ALTON ROAD - HISTORIC DISTRICT BUFFER OVERLAY
Sec. 142 -864. - Development regulations.
4 stories.
Waterfront
lots 5
The following overlay regulations shall apply within the Alton Road - Historic District
Buffer Overlay District. All development regulations applicable to and /or in the
underlying zoning district shall apply, except as follows:
(a) Maximum building height. The maximum building height in this district shall be
50 feet and a maximum of five storics, except that building height shall be
limited to 28 feet within 40 feet from the rear property line for lots abutting an
alley (Lenox Court) and within 60 feet from the RM -1 district for blocks with no
alley, between 8th Street and 11th Street. There shall be no variances for
building height.
Page 28 of 30
DIVISION 11. OCEAN TERRACE OVERLAY
*
Sec. 142- 870.1. - Compliance with regulations.
The following overlay regulations shall apply to the Ocean Terrace Overlay. All
development regulations in the underlying regulations shall apply, except as follows:
*
(c) Height.
(1) For main use residential buildings: Lot area less than 20,000 square feet —
The maximum height is based on the underlying zoning regulations; lot
area equal to or greater than 20,000 square feet and having frontage on
both Collins Avenue and Ocean Terrace -235 feet.
(2) For main use hotel buildings: Lot area less than 20.000 square feet -the
maximum height is based on the underlying zoning regulations; lot area
equal to or greater than 20,000 square feet and having frontage on both
Collins Avenue and Ocean Terrace -125 feet.
(3) All other buildings the maximum height is as provided in the underlying
zoning regulations.
('1) The maximum number of stories is 22 stories.
*
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 re- numbered or
re- lettered 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.
Page 29 of 30
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this /7 day of LAP/tt4 , 2018.
ATTEST:
1j
Rafael . Granado
City Clerk
First Reading:
Second Readin••
Verified By:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
December 13, 2
January [ 7 , 201 • *' .......
City Attorney
T� as MoonrAICP
Planning Directo
T:\AGENDA \2017 \12 - December \Planning \Height Measurement Removal of Stories - First Reading ORD.docx
Page 30 of 30
MIAM
BEACH
Ordinances - R5 B
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 17, 2018
10:05 a.m. Second Reading Public Hearing
SUBJECT: HEIGHT LIMIT MEASUREMENT - REMOVAL OF LIMITS ON STORIES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3,
"RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM -1
RESIDENTIAL MULTIFAMILY LOW INTENSITY," AT SECTION 142 -155,
SUBDIVISION III, "RM -PRD MULTIFAMILY, PLANNED RESIDENTIAL
DEVELOPMENT DISTRICT," AT SECTION 142 -185, SUBDIVISION IV, "RM -2
RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," AT SECTION 142 -217,
SUBDIVISION V. "RM -3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," AT
SECTION 142 -246, DIVISION 4. "CD -1 COMMERCIAL, LOW INTENSITY
DISTRICT," AT SECTION 142 -276, DIVISION 5. "CD -2 COMMERCIAL, MEDIUM
INTENSITY DISTRICT," AT SECTION 142 -306, DIVISION 6. "CD -3 COMMERCIAL,
HIGH INTENSITY DISTRICT," AT SECTION 142 -337, DIVISION 7. "CCC CIVIC AND
CONVENTION CENTER DISTRICT," AT SECTION 142 -365, DIVISION 11. "1 -1
LIGHT INDUSTRIAL DISTRICT," AT SECTION 142 -486, DIVISION 12. "MR MARINE
RECREATION DISTRICT," AT SECTION 142 -515, DIVISION 13. "MXE MIXED USE
ENTERTAINMENT DISTRICT," AT SECTION 142 -545, DIVISION 14. "RO
RESIDENTIAL /OFFICE DISTRICT," AT SECTION 142 -575, SUBDIVISION III, "RO -2
RESIDENTIAL /OFFICE LOW INTENSITY," AT SECTION 142 -589, SUBDIVISION IV,
"RO -3 RESIDENTIAL /OFFICE MEDIUM INTENSITY," AT SECTION 142 -596,
DIVISION 15. "TH TOWNHOME RESIDENTIAL DISTRICT," AT SECTION 142 -605,
DIVISION 16, "WD -1 WATERWAY DISTRICT," AT SECTION 142 -635, DIVISION 17.
"WD -2 WATERWAY DISTRICT," AT SECTION 142 -665, DIVISION 18, "PS
PERFORMANCE STANDARD DISTRICT," AT SECTIONS 142 -696, 142 -698, AND
142 -701, DIVISION 19. "SPE SPECIAL PUBLIC FACILITIES EDUCATIONAL
DISTRICT," AT SECTION 142 -733, DIVISION 20, "TC NORTH BEACH TOWN
CENTER DISTRICTS," AT SECTION 142 -737, ARTICLE III. "OVERLAY
DISTRICTS," DIVISION 9, "ALTON ROAD — HISTORIC DISTRICT BUFFER
OVERLAY," AT SECTION 142 -864, DIVISION 11. "OCEAN TERRACE OVERLAY," AT
SECTION 142 - 870.1, TO MODIFY THE BUILDING HEIGHT REQUIREMENTS BY
REMOVING LIMITS ON NUMBERS OF STORIES IN THESE ZONING DISTRICTS
AND OVERLAY DISTRICTS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
Page 423 of 923
ANALYSIS
HISTORY
On May 10, 2017, the Land Use and Development Committee requested that a separate discussion
item be placed on the June 14, 2017 agenda regarding the measurement of `stories' in relation to
overall height. This discussion was tangential to the proposed North Beach National Register District
Neighborhood Conservation District Overlay, which was recommended for referral to the Planning
Board by the Land Use Committee on May 10, 2017.
On June 14, 2017, the Land Use Committee discussed the item and recommended that the City
Commission refer an Ordinance amendment to the Planning Board, which removes limitations on the
number of `stories' as part of overall building height measurement city wide. The discussion centered
on simplifying the design process by removing stories, and keeping today's height standards.
Commissioner John Elizabeth Aleman is the sponsor of the proposed Ordinance.
On July 26, 2017, the City Commission referred the proposed Ordinance amendment to the Planning
Board
PLANNING ANALYSIS
Currently the Land Development Regulations of the City Code limits building height in all zoning
districts by a maximum number of feet and a maximum number of stories. The maximum allowable
height measured in feet typically controls the overall height, and the actual number of `stories' is
never exceeded.
In order to simply the height regulations in the City, the attached draft ordinance has been proposed,
which amends the development regulations in all multi - family and commercial zoning districts, as well
as applicable overlays and special use district regulations, by removing references to the allowable
number of `stories'. The existing maximum overall height, as measured in feet, remains unchanged in
all of the aforementioned zoning districts and overlays. This proposal has no change on the maximum
height currently permitted within a zoning district, and would have no negative impact on the
distribution of allowable volume.
Pursuant to Section 114 -1 of the Land Development Regulations (LDR's) of the City Code, Story is
defined as follows:
Story means that portion of a building included between the surface of any floor and the surface of
the floor next above it; or if there be no floor next above it, then the space between such floor and the
ceiling next above it. A basement shall be counted as a story if its ceiling is equal to or greater than
four feet above grade.
Under the Florida Building Code (FBC), the following are the pertinent definitions:
STORY. That portion of a building included between the upper surface of a floor and the upper
surface of the floor or roof next above (also see "Basement," "Building height," "Grade plane" and
"Mezzanine "). It is measured as the vertical distance from top to top of two successive tiers of beams
or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the
ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
BASEMENT (for flood loads). The portion of a building having its floor subgrade (below ground
level) on all sides. This definition of "Basement" is limited in application to the provisions of Section
1612, FBC.
Page 424 of 923
BASEMENT. A story that is not a story above grade plane (see "Story above grade plane "). This
definition of "Basement" does not apply to the provisions of Section 1612, FBC for flood loads.
STORY ABOVE GRADE PLANE. Any story having its finished floor surface entirely above grade
plane, or in which the finished surface of the floor next above is:
1. More than six (6) feet (1829 mm) above grade plane; or
2. More than 12 feet (3658 mm) above the finished ground level at any point.
Until recently, building height was measured from grade, which is the elevation of the sidewalk at the
center of the property. The City Code was amended in 2014 to allow the measurement of building
height starting from the base flood elevation. In 2015, the Code was amended to allow the
measurement of building height starting from base flood elevation plus up to the maximum freeboard.
All zoning districts have an overall maximum height limit in feet, as measured from base flood
elevation plus allowable freeboard; within this allowable number of feet is a corresponding limit on the
number of stories. For example, in the RM -1 district, the maximum height limit is 50 feet and five (5)
stories, and in the RM -3 district the maximum height for oceanfront lots is 200 feet and 22 stories.
It is important to note that the amount of horizontal floor area within a building, which correlates to the
number of `stories', is limited by maximum allowable FAR within a particular zoning district. In order to
simplify the overall measurement of building height, the Land Use Committee recommended the
removal of the existing limits on number of stories altogether. In this regard, the fixed maximum height,
measured in feet from BFE plus freeboard, would remain. This measurement is constant and the
number of horizontal floors would continue to be limited by the maximum FAR for the district.
The attached ordinance referral is citywide. For single- family districts, which are a bit more complex,
a separate referral is pending before the Land Use Committee. Currently, single- family districts (RS
zoned properties) have a maximum height limit measured in feet from base flood elevation plus
allowable freeboard (maximum of BFE plus five feet). Additionally, the RS districts have a story limit
of two habitable floors above base flood elevation plus allowable freeboard.
PLANNING BOARD REVIEW
On September 26, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the
City Commission with a favorable recommendation.
UPDATE
The subject Ordinance was approved at First Reading on December 13, 2017, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Vice -Mayor John Elizabeth Aleman
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ATTACHMENTS:
Description
o
Form Approved ORDINANCE ^ Height Limits Stories
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