Ordinance 2018-4157WASHER AND DRYER ENCROACHMENTS RM1 DISTRICT
ORDINANCE NO. 2018 -4157
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, FLORIDA, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4,
"SUPPLEMENTARY YARD REGULATIONS," AT SECTION 142-
1132, ENTITLED "ALLOWABLE ENCROACHMENTS WITHIN
REQUIRED YARDS," TO ALLOW ENCROACHMENTS BY
WASHERS AND DRYERS IN SIDE YARD SETBACKS WITHIN THE
RM -1 ZONING DISTRICT; PROVIDING CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, property owners are modifying and improving existing multi - family
buildings within RM -1 districts city wide; and
WHEREAS, factors, such as the future raising of roads and the need to provide
tangible areas for the location of washers and dryers, need to be taken into
consideration; and
WHEREAS, these regulations will accomplish these goals and ensure that the
public health, safety and welfare will be preserved in the City's RM -1 districts.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article IV,
"Supplementary District Regulations," Division 4, "Supplementary Yard Regulations," is
hereby amended, as follows:
Sec. 142- 1132. - Allowable encroachments within required yards.
(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:
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(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 subsection
114-1, of the lot at which they are located.
(3) If 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.
(6) Washers and dryers located in the RM -1 district, which are abutting and
connected to an existing building, shall comply with the following:
a. Washers and dryers shall be for the sole use of building
residents.
b. Washers and dryers may be located closer than five (5) feet from
a rear or interior side lot line, provided there are no adverse
impacts on pedestrian circulation.
c. Washers and dryers shall be setback a minimum of 50 feet from
the front property line, and shall not be located within any open
courtyards.
d. Washers and dryers shall be physically screened, so that they
are not visible from a public street or sidewalk.
e. The overall height of washers and dryers may exceed ten (10)
feet above grade, if required to be located at or above minimum
flood elevation.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or re- lettered to accomplish such intention, and, the
word "ordinance" may be changed to "section ", "article ", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
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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 /7 day of cia itcat rry , 2018.
ATTEST:
Rafael E. Grana o, City Clerk
Dan Gelber, Mayor
MCORP
ORATED
._)
APPROVED AS TO
FORM & LANGUAGE
& FOR • C TION
First Reading: December 13, 201
Second Read g: Januar /7 , 20
Verified by:
Thmas R. Mooney,(; CP
Planning Director
Underscore denotes new language
Strikcthrough denotes removed language
City Attorney
T:\AGENDA\2017 \12 - December \Planning \Washer and Dryer Encroachments RM1 - First Reading ORD.docx
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Date
tAAMi BEACH
Ordinances - R5 A
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 17, 2018
10:00 a.m. Second Reading Public Hearing
SUBJECT: WASHER AND DRYER ENCROACHMENTS - RM -1 DISTRICT:
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, FLORIDA, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4,
"SUPPLEMENTARY YARD REGULATIONS," AT SECTION 142 - 1132, ENTITLED
"ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS," TO ALLOW
ENCROACHMENTS BY WASHERS AND DRYERS IN SIDE YARD SETBACKS
WITHIN THE RM -1 ZONING DISTRICT; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance .
ANALYSIS
HISTORY
On July 26, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission
approved a dual referral to the Land Use and Development Committee and the Planning Board, to
amend Sec. 142 -1132 of the Land Development Regulations of the City Code (item C4C). The
purpose of the referral is to address allowable encroachments within required yards in the RM -1
district for washers and dryers.
On October 11, 2017, the Land Use and Development Committee recommended that the Planning
Board transmit the proposed ordinance to the City Commission with a favorable recommendation.
PLANNING ANALYSIS
The attached amendment would create standards and requirements for exterior washers and dryers
connected to existing buildings within interior side and rear yards in RM -1 zoning districts. Currently,
Sec. 142- 1132(f) allows for "Mechanical Equipment" as an allowable encroachment within rear and
side yards of properties within RM -1 districts. However, the needs of modern washers and dryers
often cannot meet the existing minimum yard and height limits, as allowed under the current allowable
projection regulations.
The subject ordinance proposes limited flexibility for washers and dryers connected to existing
buildings within interior side and rear yards. In this regard, washers and dryers located in the RM -1
district, which are abutting and connected to an existing building, would be subject to the following:
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• Washers and dryers shall be for the sole use of building residents.
• Washers and dryers may be located closer than five feet from a rear or interior side lot line,
provided there are no adverse impacts on pedestrian circulation.
• Washers and dryers must be setback a minimum of 50 feet from the front property line and shall not
be located within any open courtyards.
• Washers and dryers must be physically screened such that they are not visible from a public street
or sidewalk.
• The overall height of washers and dryers may exceed ten feet above grade, if required to be
located at or above minimum flood elevation.
PLANNING BOARD REVIEW
On October 24, 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
ATTACHMENTS:
Description
Form Approved ORDINANCE - RM1 Washer and Dryer
Page 419 of 923