Ordinance 2019-4272 SINGLE FAMILY ACCESSORY STRUCTURE HARMONIZATION
ORDINANCE NO.. 2019-4272
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY •
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 118, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IX,
ENTITLED "NONCONFORMANCES," AT SECTION 118-395, ENTITLED
"REPAIR AND/OR REHABILITATION OF NONCONFORMING BUILDINGS
AND USES," TO INCORPORATE EXISTING REQUIREMENTS FOR
NONCONFORMING SINGLE FAMILY STRUCTURES AND ALLOW FOR
THE RAISING OF CERTAIN ACCESSORY AND NON-HABITABLE
STRUCTURES; AND AMENDING CHAPTER 142, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 2, ENTITLED "RS-1, RS-2, RS-3, AND RS-4
SINGLE FAMILY RESIDENTIAL DISTRICTS," AT SECTION 142-105,
ENTITLED "DEVELOPMENT REGULATIONS AND AREA
REQUIREMENTS," TO AMEND REQUIREMENTS FOR NONCONFORMING
SINGLE FAMILY STRUCTURES; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, sea level rise mitigation and resiliency to increased flooding events are
major priorities of the City of Miami Beach (the "City"); and
WHEREAS, in 2015, the City contracted with AECOM to review the City Code and
produce a report to assist the City in enhancing the City's sustainability and resiliency, in light of
the threats associated with climate change and increased flooding events; and
WHEREAS, the FEMA FIRM panels indicate a base flood elevation in certain areas of
the City of 7.0 feet NGVD, and AECOM has analyzed that a large storm event would create a
flood risk situation even at a flood elevation of 8.0 feet NGVD; and
WHEREAS, accordingly, the City desires to encourage the elevation of existing low-lying
infrastructure and future construction projects, in order to reduce risks associated with potential
flood damage; and
WHEREAS, in recent years, the City has implemented "freeboard" requirements, usually
expressed as a factor of safety, measured in feet above a flood level, for purposes of floodplain
management, which factor is to be utilized in construction projects in developing first floor
elevations, to protect structures from flooding events; and
WHEREAS, the City is raising roads and other critical infrastructure in response to
threats associated with sea level rise; and
WHEREAS, as roadways are elevated, existing homes will be required to undergo a
harmonization process; and
\ I
WHEREAS, existing single-family homes often contain non-conforming accessory
structures which may be located at elevations below the freeboard level and new elevation of
the roadway; and
WHEREAS, it is in the best interest of the City and its residents to facilitate the raising of
non-conforming accessory structures, in order to increase the resiliency of the City; and
WHEREAS, the regulations set forth herein will accomplish these goals, and will ensure
that the public health, safety, and welfare are preserved.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 118 of the City Code, entitled "Administration and Review Procedures,"
Article IX, entitled "Nonconformances," is hereby amended as follows:
CHAPTER 118
• ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE IX. — NONCONFORMANCES
* * *
Sec. 118-395. - Repair and/or rehabilitation of nonconforming buildings and uses.
* * *
(b) Nonconforming buildings.
* * *
(8) Single Family Districts: Notwithstanding the above, the following provisions shall apply
to existing single-family structures in single-family districts:
a. Existing single-family structures that are nonconforming as to the provisions of
sections 142-105 and 142-106 may be repaired, renovated, or rehabilitated,
regardless of the cost of such repair, renovation, or rehabilitation, notwithstanding
the provisions of this article. Should such an existing structure constructed prior to
October 1, 1971, be completely destroyed due to fire, casualty, or other
catastrophic event, through no fault of the owner, such structure may be
reconstructed regardless of the applicable requirements in sections 142-105 and
142-106 that are in effect at the time of the destruction of the structure.
b. Existing garages, carports, pergolas, cabanas, gazebos, guest/servant quarters,
decks, swimming pools, spas, tennis courts, sheds, and similar accessory
structures may be rebuilt consistent with existing non-conforming setbacks, unit
size, and lot coverage, at a higher elevation, in accordance with the following
provisions:
1. The yard elevation of the property shall be raised to a minimum of adjusted
grade;
2. The structure shall be re-built in the same location as originally constructed;
provided that the re-built structure has no less than a four-foot setback from all
property lines; and
3. The structure shall be rebuilt to be harmonious with the primary structure.
SECTION 2. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article
II, entitled "District Regulations," Division 2, entitled "RS-1, RS-2, RS-3, and RS-4 Single
Family Districts," is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. — DISTRICT REGULATIONS
* * *
Division 2. - RS-1, RS-2, RS-3, and RS-4 Single Family Districts
* *
Sec. 142-105. - Development regulations and area requirements.
* * *
(b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential
districts are as follows:
* * *
(5) Lot coverage (building footprint).
* * *
c. Nonconforming structures. Existing singlc family structures nonconforming with
provisions of chapter 118, article IX, "nonconformance." Should such an existing
structure constructed prior to October 1, 1971, be completely destroyed due to fire or
other catastrophic event, through no fault of the owner, such structure may be replaced
regardless of the above noted regulations existing at the time of destruction.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith 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 6 day of n e , 2019.
-- - e_...
Dan Gelber
ATTEST: Mayor
J vrr E let, 1.3.
Rafael E. Granado
City Clerk
APPROVED AS TO FORM
AND LANGUAGE
VID FOR EXECUTION q
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City Attorney Date
First Reading: May 8, 201 fvI‘C.
Second Reading: ne 5, 20 9
Verified by: P'I
Thomas R. Mooney, ,7 CP
Planning Director
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Ordinances - R5 D
MIAMI BEAH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 5, 2019
10:20 a.m. Second Reading Public Hearing
SUBJECT: SINGLE FAMI LYACCESSORY STRUCTURE HARMONIZATION
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 118, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IX,
ENTITLED "NONCONFORMANCES," AT SECTION 118-395, ENTITLED
"REPAIR AND/OR REHABILITATION OF NONCONFORMING BUILDINGS
AND USES," TO INCORPORATE EXISTING REQUIREMENTS FOR
NONCONFORMING SINGLE FAMILY STRUCTURES AND ALLOW FOR
THE RAISING OF CERTAIN ACCESSORY AND NON-HABITABLE
STRUCTURES; AND, AMENDING CHAPTER 142, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 2, ENTITLED "RS-1, RS-2, RS-3, AND RS-4
SINGLE FAMILY RESIDENTIAL DISTRICTS," AT SECTION 142-105,
ENTITLED "DEVELOPMENT REGULATIONS AND AREA
REQUIREMENTS," TO AMEND REQUIREMENTS FOR NONCONFORMING
SINGLE FAMILY STRUCTURES; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
ANALYSIS
HISTORY
On December 12, 2018, at the request of Commissioner John Elizabeth Aleman, the City
Commission referred the discussion item to the Land Use and Development Committee (Item C4 L).
On February 20, 2019 the item was continued to the March 6, 2019 meeting, and on March 6, 2019
the item was continued to April 3, 2019.
On April 3, 2019 the LUDC discussed the item and recommended that the City Commission refer the
attached ordinance to the Planning Board. On April 10, 2019, the City Commission referred the
attached ordinance to the Planning Board (Item C4 AB).
Page 535 of 868
PLANNING ANALYSIS
Due to the impacts of sea level rise,the City of Miami Beach is currently undergoing a process of elevating roads to
ensure that they do not flood and remain passable. As part of these projects, a harmonization process takes place
with adjacent properties, which may be at a different elevation than the road. In single family districts this process
often involves raising or sloping yards and driveways to match the new roadway elevation.
There are some instances where attached or detached accessory or non-habitable structures may have been built at
a lower elevation than the primary home or roadway. These structures were likely built prior to recent amendments to
the land development regulations (LDR's) for single-family homes and are therefore legally non-conforming as to
current LD R requirements,such as setbacks, lot coverage,and unit size.
The proposed code amendment provides for the ability to rebuild accessory structures at a higher elevation. The
raising of such structures must be part of the raising of an existing yard. To accomplish this, the amendment would
grandfather the structures for non-conforming setbacks, provided there is a minimum setback of four(4)feet from any
property line. The structures would also be grandfathered in terms of unit size and lot coverage. The proposal also
requires that the rebuilt structure be harmonious withtheprimary structure.
Additionally,for code consistency purposes,the proposed ordinance moves existing requirements for nonconforming
single-family homes from the "Single Family Districts" division in Chapter 142 (Section 142-105) to the article for
"Nonconformances"in Chapter 118(Section 118-395).
The proposed amendment will facilitate harmonization with future road elevation projects. It is intended to be a
practical measure to support residents in adapting their own private properties for sea level rise,climate change,and
for the City's municipal infrastructure project plans.
PLANNING BOARD REVIEW
On April 30, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City
Commission with a favorable recommendation, by a vote of 5-0.
UPDATE
The subject ordinance was approved at first reading on May 8,2019 with no changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
o Form Approved ORD
Page 536 of 868