Ordinance 2019-4316 Common Variances -Allowable Encroachments
ORDINANCE NO. 2019-4316
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, BY
AMENDING CHAPTER 130, ENTITLED "OFF-STREET PARKING," ARTICLE
III, ENTITLED "DESIGN STANDARDS," AT SECTION 130-64, ENTITLED
"DRIVES,". TO MODIFY DRIVEWAY REQUIREMENTS FOR LOW-SCALE
MULTIFAMILY RESIDENTIAL BUILDINGS; BY AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
ENTITLED "DISTRICT REGULATIONS," DIVISION 2, ENTITLED "RS-1, RS-2,
RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS,".AT SECTION 142-
106, ENTITLED "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY
DETACHED DWELLING,"TO INCORPORATE AND MODIFY REQUIREMENTS
FOR ALLOWABLE ENCROACHMENTS AND SWIMMING POOLS RELATED
TO SINGLE FAMILY HOMES CURRENTLY LOCATED IN SECTIONS 142-1132
AND 142-1133; BY AMENDING DIVISION 21, ENTITLED "TOWN CENTER-
CENTRAL CORE (TC-C) DISTRICT," AT. SECTION 142-744, ENTITLED
"SETBACKS AND ENCROACHMENTS," AND SECTION 142-745, ENTITLED
"STREET FRONTAGE, DESIGN, AND OPERATIONS REQUIREMENTS," TO
CLARIFY AND REVISE REQUIREMENTS FOR HABITABLE
ENCROACHMENTS, SHADE STRUCTURES, SETBACKS, AND OFF-STREET
LOADING; AND BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY
DISTRICT REGULATIONS," DIVISION 4, ENTITLED "SUPPLEMENTARY
YARD REGULATIONS," AT SECTION 142-1132, ENTITLED "ALLOWABLE
ENCROACHMENTS WITHIN REQUIRED YARDS," TO REMOVE
REQUIREMENTS FOR SINGLE FAMILY DISTRICTS AND . MODIFY
REQUIREMENTS FOR ALLOWABLE ENCROACHMENTS IN REQUIRED
YARDS, AND AT SECTION 142-1133, ENTITLED "SWIMMING POOLS," TO
REMOVE REQUIREMENTS FOR SWIMMING POOLS IN SINGLE FAMILY
DISTRICTS AND AMEND REQUIREMENTS FOR SWIMMING POOLS IN
OTHER DISTRICTS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety, and general welfare of its citizens; and
WHEREAS, there City has observed that a large number of variances from certain Code
sections are routinely sought in connection with land development applications; and
WHEREAS, the City has analyzed these variance applications, which are frequently
sought and granted; and
WHEREAS, the approval of such variances has no negative impact on surrounding areas;
and
WHEREAS, the City has determined that amendments to the land development
regulations to reduce the need for such variances are warranted; and
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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 1. That Chapter 130, entitled "Off-Street Parking,"Article III, entitled "Design Standards,"
at Section 130-64, entitled "Drives," is hereby amended as follows:
Chapter 130 - OFF-STREET PARKING
ARTICLE III. - DESIGN STANDARDS
Sec. 130-64. - Drives.
Drives shall have a minimum width of 22 feet for two-way traffic and 11 feet for one-way
traffic. Notwithstanding the foregoing, for residential buildings with fewer than 25 units, drives
shall have a minimum width of 18 feet for two-way traffic. For those grade level parking areas
with less than ten parking spaces, inclusive of those parking areas underneath a building or
structure, the two-way curb-cut and driveway entrance shall have a minimum width of 12 feet.
Section 2. Chapter 142, entitled "Zoning Districts and Regulations," Article II, entitled "District
Regulations," at Division 2, entitled "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,"
is hereby amended as follows:
Chapter 142 -ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE II. - DISTRICT REGULATIONS
* * *
DIVISION 2. - RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS
* * *
Sec. 142-106. -Setback requirements for a single-family detached dwelling.
(a) The setback requirements for a single-family detached dwelling in the RS-1, RS-2, RS-3, RS-
4 single-family residential districts are as follows:
* * *
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(b) Allowable encroachments within required yards.
(1)Accessory buildings. In all single-family districts, the following regulations 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 inthecomputation of area occupied in a required rear
yard lot, but an open uncovered swimming pool shall not be included.
b. Size. The area of enclosed 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 ten percent of the size of the main home on the subject site, or
1,500 square feet, whichever is less.
c. Two-story structures. The second floor of an accessory building shall not exceed 50
percent ofthe first floor area.
d. Building separation. Accessory buildings shall be separated from the main home by
a minimum of five 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 building shall not be located closer than ten
feet to an interior side lot line, or the required side yard setback, whichever is
greater; 15 feet when facing a street; or 15 feet from the rear of the property.
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. Height for accessory
buildings shall be measured from the base flood elevation plus freeboard of one (1)
foot. The maximum height above shall not exceed 12 feet for a one-story structure
and 20 feet for a two-story structure. The allowable height exceptions set forth in
section 142-1161 shall not apply to accessory buildings in single-family districts.
q. Uses. Accessory buildings shall be limited to uses that are accessory to the main
use, including, but not limited to,.garage, carport, pergola, cabana, gazebo, maid's
or quest'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.
ft 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
outdoorbuilt-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 the Florida Building Code.
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(2). Awnings. Awnings attached to and supported by a building wall may be placed over
doors or windows in any required yard, but such awnings shall not project closer than
three (3) feet to any lot line.
(3) Boat, boat trailer, camper traileror recreational vehicle storage. Accessory storage of
such vehicles shall be limited to a paved, permanent surface area within the side or rear
yards. No such vehicle shall be utilized as a dwelling, and any such vehicles shall be
screened from view from any right-of-way or adjoining property when viewed from five
feet six inches above grade.
(4) Carports and solar carports. Only one (1) carport or solar carport shall be erected.within
a required yard of a.single-family home, subject to the following requirements, as may
be applicable:
a. Carports shall be subject to the following requirements:
1. Carports shall be constructed of canvas and pipe for the express purpose of
shading automobiles.
2. Setbacks. Minimum setbacks for carports shall be as follows:
i_ Front yard — 18 inches from the property line, provided the carport is
attachedto or immediately adjacent to the main building.
ii: Interior side yard —four (4) feet from the property line.
iii. Side yard facing the street— 18 inches from the property line, provided the
carport is attached to or immediately adjacent to the main building.
iv. The side of the carport that faces the required rear yard may be permitted to
align with the walls of the existing residence, provided the residence is
located a minimum of five (5)feet from the rear property line.
v. When a carport is detached and located more than 12 inches from the main
home it'shall not be located in the required front or side-facing-the-street
yards.
3. Carports shall not be permitted to exceed 20 feet in width or 20 feet in length. An
unobstructed view between the grade and the lower ceiling edge of the carport
of at least seven (7) feet shall be maintained.
4. Carports constructed prior to the adoption of this section shall be considered
legal nonconforming structures. Such nonconforming canopies may be repaired
or replaced; however, the degree of their nonconformity shall not be increased
thereby.
b. Solar carports. Solar carports shall be subject to the following requirements:
1. Setbacks. Minimum setbacks for solar carports shall be as follows:
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i_ Front yard — 15 feet from the property line, provided the solar carport is
attached to or immediately adjacent to the main building.
ii. Interior side yard —four (4) feet from the property line.
Hi. Side yard facing the street — five (5) feet from the property line, provided
the solarcarport is attached to or immediately adjacent to the main building.
iv. The :sides of the solar carport that face the required rear yard may be
permitted to align with the walls of the existing residence, .provided the
residence is located a minimum of five (5) feet from the rear property line.
v. When a solar carport is detached and located more than 12 inches from the
main home, it shall not be located in the required front or side-facing-the-
street yards. .
2. Solar carports shall not be permitted to exceed 20 feet in width or 20 feet in
length. An unobstructed view between the grade and the lower ceiling edge of
the carport of at least seven (7) feet shall be maintained. .
(5) Central air conditioners, emergency generators, swimming pool equipment, and other
mechanical equipment. Accessory central air conditioners, generators, swimming pool
equipment, and any other mechanical equipment, including attached screening
elements, may occupy a required side or rear yard, provided that:
a. They are not closer than five (5) feet to a rear or interior side lot line, or ten.(10)
feet to a side lot line facing a street.
b. The maximum height of the equipment, including attached screening elements,
shall not exceed five (5)feet above current flood elevation, with a maximum height
not to exceed ten (10)feet above grade, as defined in subsection 114-1, of the lot
on which it is located.
c. If visible from the right-of-way, physical and/or landscape screening shall be
required.
d. Any required sound buffering equipment shall comply with the setback
requirements established in subsection (5)a., above.
e. 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) Driveways. Driveways and parking spaces leading into a property are subject to the
following requirements:
a. Driveways shall have a minimum setback of four(4)feet from each side property
line.
b. Driveways and parking spaces parallel to the front property line shall have a
minimum setback of five (5) feet from the front property line. .
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c. . Driveways and parking spaces located within the side yard facing the street shall
have a minimum setback of five (5) feet from the rear property line.
d. Driveways and parking areas that are open to the sky within any required yard
shall becomposed of porous pavement or shall have a high albedo surface
consisting of a durable material or sealant, as defined in section 114-1 of this f�
Code.:
e. Driveways and parkingareas composed of asphalt that does not have a high
albedo surface, as defined in section 114-1 of this Code, shall be prohibited:
(7). Fences, walls, and gates. Regulations pertaining to materials and heights for fences,
walls and gates are as follows: .
a. Within the required front yard, fences, walls and gates shall not exceed five (5)feet,
as measured from grade.The height may be increased up to a maximum total height
of seven (7) feet if the fence, wall or gate is set back from the front property line.
.
Height may be increased one (1)foot for every two (2) feet of setback.
b. Within the required rear or side yard,fences,walls and gates shall not exceed seven
(7) feet, as measured from grade, except when such yard abuts a public right-of-
way, waterway, or golf course, the maximum height shall not exceed five (5)feet. In
the event that a property has approval to be improved at adjusted grade, the overall
height of fences, walls and gates may be measured from adjusted grade, provided
that the portion of such fences, walls or gates above four (4) feet in height consists
of open pickets with a minimum spacing of three (3) inches, unless otherwise
approved by the design review board or historic preservation board, as applicable.
c. All surfaces of masonry walls and wood fences shall be finished in the same manner
with the same materials on both sides to have an equal or better quality appearance
when seen from adjoining properties. The structural supports for wood fences, walls
or gates shall face inward toward the property. h
d. Chain link fences are prohibited in the required front yard, and any required yard . .
facing a public right-of-way or waterway (except side yards facing on the terminus
of a dead end street in single-family districts) except as provided in this section and
in section 142-1134.
f. Barbed wire or materials of similar character shall be prohibited.
(8) Hedges. There are no height limitations on hedges. Hedge material must be kept neat,
evenly trimmed and properly maintained. Corner visibility regulations are set forth in
section 142-1135. .
(9) Hot tubs, showers, saunas, whirlpools, toilet facilities, decks. Hot tubs, showers,
whirlpools, toilet facilities, decks and cabanas are structures which are not required to
be connected to the main building but may be constructed in a required rear yard,
provided such structure 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 (7 %) feet to a
rear or interior side lot line. Freestanding, unenclosed facilities including surrounding
pavedor deck areas shall adhere to the same setback requirements as enclosed
facilities.
(10) Lightpoles. The following regulations shall apply to lightpoles:
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a. Lightpoles shall have a maximum height of ten (10) feet. Lightpoles shall be located
seven and one-half(7 '/2)feet from any property line except that, when such property
line abuts a public right-of-way or waterway, there shall be no required setback.
b. All light from liqhtpoles shall be contained on-site or on any public right-of-way as
required by the city Code.
(11) Marine structures. Seaward side yard setbacks for boat slips, decks, wharves, dolphin
poles, mooring piles, davits, or structures of any kind shall not be less than seven and
one-half (7 1/2) feet. This requirement pertains to the enlargement of existing structures
as well as to the construction of new structures. It further provided that any boat, ship,
or vessel of any kind shall not be docked or moored so that its projection extends into
the required seaward side yard setback, and the mooring of any type of vessel or
watercraft shall be prohibited along either side of the walkway leading from the seawall
to a boat dock. Land-side decks may extend to the deck associated with the marine
structure. Lighting associated with, but not limited to, the deck, or marine structure shall
be installed in such a manner to minimize glare and reflection on adjacent properties and
not to impede navigation. The maximum prosection of a marine structure shall be
determined by the county department of environmental resource management. If a dock
or any kind of marine structure/equipment, whether or not it is attached to a dock,
proiects more than 40 feet into the waterway or extends beyond the maximum projection
permitted under section 66-113, the review and approval of the applicable state and
it
county authorities shall be required.
(12) Ornamental fixtures or lamps. Requirements for ornamental fixtures and lamps shall be
as follows:
a. Ornamental fixtures and lamps are permitted to be placed on walls or fences when
they are adjacent to a public street, alley, golf course, or waterway. The total height
J Y 9
of the combined structure shall not exceed the required fence or wall height by more I'
than two (2) feet.
b. Ornamental fixtures and lamps shall be located with a minimum separation of eight
(8) feet on center with a maximum width of two (2) feet.
(13) Projections. 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 (6) feet, unless otherwise noted.
a. Belt courses.
b. Chimneys.
c. Cornices.
d. Exterior unenclosed private balconies.
e.Ornamental features.
f. Porches, platforms and terraces up to 30 inches above the adiusted grade elevation
of:the lot, as defined in chapter 114. Such projections and encroachments may be
located up to the first habitable floor elevation and include stairs, steps,ADA-compliant
ramps and related walkways, not exceeding five(5)feet in width,which provide access
to all porches, platforms, terraces and the first floor when elevated to meet minimum
flood elevation requirements, including freeboard. '
q. Roof overhangs.
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h. Sills.
i. Window or wall air conditioning units.
j. Bay windows (not extending floor slab).
k. Walkways: Maximum 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 yards may exceed these restrictions when approved through the design
review or certificate of appropriateness procedure, as applicable, and pursuant to
chapter 118, article VI, of this Code. Notwithstanding the foregoing, when required to
accommodate ADA access to an existing contributing building within a local historic
district, or National Register District, an ADA walkway and ramp may be located within
a street side or interiorside yard, with no minimum setback, provided all ofthe
following are adhered to:
1. The maximum widthof the walkway and ramp shall not exceed 44 inches, and
five (5) feet for required ADA landings;
2. The height of the proposed ramp and landing shall not exceed the finished first
floor of the building(s); and
3. The slope and length of the ramp shall not exceed that which is necessary to
meet the minimum Building Code requirements.
Additionally, subject to the approval of the design review board or historic preservation
board, as applicable, an awning may be provided to protect users of the ADA walkway
and ramp from the weather.
I. Electric vehicle charging stations and fixtures, located immediately next to an off-street
parking space, shall be permitted where driveways and parking spaces are located.
m. Electrical transformers and associated concretepads, as required by Florida Power
and Light (FPL) may be located up to the front or street side property line.
n.Planters, not to exceed four (4) feet in height when measured from the finished floor
of the primary structure.
(15) Satellite dish antennas. Satellite dish antennas are only permitted in the rear yard.
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 'measured from its base to the maximum prosection of the antenna, based
upon maximum operational capabilities, and including 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.
(16)Swimming pools. Accessory swimming pools, open and enclosed, or covered by a
screen enclosure, or a screen enclosure not covering a swimming pool, may only occupy
a required rear or side yard, subject to the following: .
a. Rear yard setback.
1. A six-foot minimum setback is required from the rear property line to swimming
pool deck or platform, the exterior face of an infinity edge pool catch basin, or
screen enclosure associated or not associated with a swimming pool.
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2. Swimming pool decks may extend to the property line and be connected to a
dock and its related decking when abutting upon any bay or canal.
3. There shall be a minimum seven-and-one-half-foot setback from the rear
property line to the water's edge of the swimming pool or to the waterline of the
catch basin of an infinity edge pool.
4. For oceanfront properties, the setback shall be measured from the old city
bulkhead line.
5. For properties containing a pre-1942 architecturally significant home, -n
individually designated historic home. or a contributing single-family
home located in a local historic district, a five-foot setback shall be required
from the property line to the swimming pool, deck or platform, the exterior face
of an infinity edge pool catch basin, or screen enclosure.
b. Side yard, interior setback.
1. A seven-and-one-half-foot minimum setback shall be required from the side
property line to a swimming pool deck, or platform, the exterior face of an infinity '
edge pool catch basin, or screen enclosures associated or not associated with
a swimming pool.
2. A nine-foot minimum setback shall be required from the side property line to the
water's edge of the swimming pool or to the waterline of the catch basin of an
infinity edge pool.
3. For properties containing a pre-1942 architecturally significant home, an
individually designated historic home, or a contributing single-family
home located in a local historic district, a five-foot setback shall be required
from the property line to theswimming pool, deck or platform, the exterior face l'
of an infinity edge pool catch basin, or screen enclosure.
c. Side yard; facing a street.
1. A ten-foot setback shall be required from the property line to the swimming pool,
deck or platform, the exterior face of an infinity edge pool catch basin, or screen
enclosure.
2. For properties containing a pre-1942 architecturally significant home, an
individually designated historic home, or a contributing single-family
home located in a local historic district,a five-foot setback shall be required
from the property line to the swimming pool, deck or platform, the exterior face
of an infinity edge pool catch basin, or screen enclosure.
d. Walk space. A walk space at least 18 inches wide shall be provided between
swimming pool walls and fences or screen enclosure walls. Every swimming pool shall
be protected by a sturdy non-climbable safety barrier and by a self-closing, self-lockinq
gate approved by the building official.
1. The safety barrier shall be not less than four (4) feet in height and shall be
erected either around the swimming pool or around the premises or a portion
thereof, thereby enclosing the area entirely, and prohibiting unrestrained
admittance to the swimming pool area. .
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li
2. Where a wooden-type fence is to be provided, the boards, pickets, louvers, or
other such members shall be spaced; constructed, and erected so as to make
the fence not climbable and impenetrable.
3. The walls, whether of the stone or block type, shall be so erected to make them
non-climbable.
4. Where a wire fence is to be used, it shall be composed of two-inch chainlink or
diamond weave non-climbable type, or of an approved equal, with a top rail and
shall be constructed of heavy galvanized material.
5. Gates, where provided,- shall be of the spring-lock type so that they shall
automatically bein a closed and fastened position at all times. They shall also
be equipped with a gate lock and shall be locked when the swimming pool is
not in use.
e. Visual barriers for swimming pools. Accessory swimming pools, when located in any
yard facing a public street or alley, shall be screened from public view by a hedge, wall
or fence not less than five(5)feet in height. The hedge shall be planted and maintained
so as to form a continuous dense row of greenery as per the requirements of this
division. The maximum height of the visual barrier shall be pursuant to article IV,
division 5 of this chapter.
f. Corner properties. For corner lots with a homebuilt prior to 2006, a ten-foot setback
shall be required from the front property line and from the side lot line facing the street
to the swimming pool, deck, platform or screen enclosure. For corner lots with radial
corners, the front setback and the side setback facingthe street shall be taken from :
the midpoint of the curve of the corner of the property.
q. Homes with two fronts, or through lots, within single-family districts. Lots with two
fronts, or through lots (double frontage), as defined by section 114-1 of this Code, shall
be permitted to place a pool and pool deck, with a minimum ten-foot setback from the
front property line, at the functional rear of the house.
(17)The following regulations shall apply for fences, lightpoles or other accessory structures I'
associated with court games.
1. In a requiredfront yard the maximum height of fences shall be ten (10) feet and
the fences shall be set back at least 20 feet from the front property line.
2. In a required side and required rear yard, the maximum height of fences shall
be ten (10) feet and the fences shall be set back at least seven-and-one-half
(7%) feet from the interior side or rear property line. When the fence faces a
street, the maximum height shall be ten (10)feet and the fence shall be set back
at least 15 feet from the property line. For oceanfront properties, the rear lot line
shall be the old city bulkhead line.
3. Accessory lighting fixtures, when customarily associated with the use of court
games, shall be erected so as to direct light only on the premises on which they
are located. The maximum height of light fixtures shall not exceed ten (10) feet
when located in a required yard; otherwise, the maximum height shall not
exceed 20 feet. Light is permitted to be cast on any public right-of-way.
4. All chainlink fences shall be coated with green, brown, or black materials.
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5. When fences are located in required yards,they shall be substantially screened
from view from adjacent properties, public rights-of-way, and waterways by
landscape materials.
6. Any play surface, whether paved or unpaved, when associated with such court
games, shall have the following minimum required yards: front-20 feet; interior
side-7%feet; any side facing on a street-15 feet; rear-7%feet.
7. Landscaping, when associated with tennis courts, shall be allowed to equal the
height of the fence. The area between the tennis court fence and the front lot
line shall be landscaped and approved by the planning director prior to the
issuance of a buildinq permit.
Section 3. Chapter 142, entitled "Zoning Districts and Regulations," Article II, entitled "District
Regulations," at Division 21, entitled "Town Center-Central Core (TC-C) District," is hereby
amended as follows:
Chapter 142 -ZONING DISTRICTS AND REGULATIONS
ARTICLE II. - DISTRICT REGULATIONS
* * *
DIVISION 21. -TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT
Sec. 142-744. Setbacks and encroachments.
Setbacks and allowable encroachments into setbacks shall be as per-set forth in table A below. .
For the purposes of new construction in this zoning district, heights shall be measured from the
City of Miami Beach Freeboard of five feet, unless otherwise noted.
* * *
Street Property Building height at which Minimum Allowable Habitable
Class line Setback occurs Setback from Encroachments into
abutting property line setback
N/A Interior Grade to 55 feet on lots . 0 feet. . 0 feet
Side greater than 110 feet wide, or
Grade to 75 feet on lots 110
feet wide or less. .
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55 feet to maximum height on 30 feet 10 feet
lots greater than 110 feet
wide, or 75 feet to maximum
height on lots 110 feet wide
or less
Sec. 142-745. -Street frontage, design, and operations requirements.
The development regulations and street frontage requirements for the TC-C district are as follows:
(a) The following regulations shall apply to all frontages:
* * *
(4)Balconies Habitable Encroachments. Balconies Habitable encroachments may encroach
into required setbacks above a height of 15 feet up to the applicable distance indicated for
allowable habitable encroachments in table A. Habitable encroachments include balconies, . .
bay windows, trellises, pergolas, pool decks, roof top decks, and amenity decks.
Notwithstanding the foregoing, allowable encroachments shall be permitted within required
yards, as set forth in section 142-1132.
* * *
(8) Commercial, hotel, and access to upper level frontages. In addition to otherrequirements
for specific frontage types and other requirements in the City Code, frontages for commercial,
hotel, and access to upper level frontage shall be developed as follows:
* * *
c. A shade structure that projects for a minimum depth of five feet into the setback beyond
the building façade, shall be provided at a height between 15 feet and 25 feet. Said shade
structure may consist of an eyebrow or similar structure. Additionally, an allowable
habitable encroachment such as balconies or parking deck may take the place of the
shade structure. Notwithstanding the foregoing, if the shade structure is not an integral
structural component of the buildinq, it may be located at a height between 15 feet
measured from grade and 25 feet measured from the required City of Miami Beach
Freeboard.
* * *
(13) Drive-through. The use of driveways for drive-through commercial purposes shall be
prohibited.
* * *
(e) Class A. In addition to other requirements in the City Code, Class A frontages shall be
developed as follows:
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(3) Driveways and vehicle access to off-street parking and loading shall be prohibited on a
Class A frontage, unless it is the only means of egress to the site. Permitted drive-ways on
Class A frontages shall be limited by the following:
a. If a driveway is permitted it shall be limited to 22 feet in width and be incorporated into the
façade of the building.
b. Driveways shall be spaced no closer than 60 feet apart.
c. Driveways shall consist of mountable curbs that ensure a continuation of the ten-foot clear
pedestrian paths.
d. If the only means of egress to the site is from a Class A frontage automobile parking
requirements may be waived by the design review board.
(4) Off-street_ loading shall be prohibited on a Class A frontage, unless it is the only means of
egress to the site. Should the only means of egress to a site be from a Class A frontage,
loading requirements may be waived by the design review board.
Section 4. Chapter 142, entitled "Zoning Districts and Regulations," Article IV, entitled
"Supplementary District Regulations," at Division 4, entitled "Supplementary Yard Regulations,"
is hereby amended as follows:
Chapter 142 -ZONING DISTRICTS AND REGULATIONS
ARTICLE IV. -SUPPLEMENTARY DISTRICT REGULATIONS
* * *
DIVISION 4. -SUPPLEMENTARY YARD REGULATIONS
Sec. 142-1132. - Allowable encroachments within required yards fordistricts other than
single-family districts. .
The following regulations shall apply to allowable encroachments in all districts except single-
family residential districts, unless otherwise specified in this Code.
(a) Accessory buildings.
(1) . In all districts, except single family districts, a 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 feet to a rear or interior side lot
Page 13 of 23
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.
within a required rear yard:
a. Lot coverage. Accessory buildings that arc not a part of the main building,
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
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 ten percent of the size of the main home on the subject site, or
1,500 square feet, whichever is less.
c. Two story structures. The second floor of an accessory building shall not
exceed 50 percent of the first floor area.
d. Building separation. Accessory buildings shall be separated from the main
c. Setbacks.
1. Single story. A single story accessory building shall not be located
line, and 1.5 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 building shall not be located
closer than ten feet to an interior side lot line, or the required side yard
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
structure. The allowable height exceptions of Section 142 1161 shall not apply to
Page 14 of 23
• r
bedrooms or any habitable ar a of the single family structurc shall not be
considered accessory uses.
h. Utilities. Accessory buildings may contain heating and air conditioning,
allowed as an acccscory use, as may be permitted by the firc marshal and, in
Building Code.
(b) Awnings. In all districts, aAwnings attached to and supported by a building wall may be
placed over doors or windows in any required yard, but such awnings shall not project closer than
three feet to any lot line except as follows:
(1) An awning associated with a commercial use shall be permitted to extend from the
entrance door to the street line of any:building except those in a single-family or townhome
district;
(2) : The:setbacks for awnings in a locally designated historic district or in the National
Register of Historic Places shall be determined under the design review procedures
pursuant to chapter 118, .article VI, and shall be based upon the architecture of the
building.
•
(c) Boat, boat trailer, camper trailer or recreational vehicle storage. In all districts, accessory
storage of such vehicles shall be limited to a paved, permanent surface area within the side or
rear yards,: no such vehicle shall be utilized as a dwelling and such vehicles shall be screened
from view from any right-of-way or adjoining property when viewed from five feet six inches above
grade. Nothing in this subsection shall be construed to prohibit a dry dock facility when such r,
facility is associated with a marina.
(d) Canopies. A canopy shall be permitted to extend from an entrance door to the street line
of any building except those located in a single-family-Or townhome district. Where a sidewalk or
curb exists, the canopy may extend to within 18 inches of the curb.line. Such canopies shall not
exceed 15 feet and 12 feet in height or be screened or enclosed in any manner and shall provide
an unobstructed, clear space between the grade and the bottom of the canopy valance of at least I'
seven feet. The location of vertical supports for the canopy shall be approved by the public works
director.
(e) Reserved. Carports and solar carports. Only one (1) carport or solar carport shall,be
erectedwithin a . required yard of a single family home,' subject to the following
requirements, as may be'applicable:
c. Carports shall be subject to the following requirements:
Page 15of23
it
a. Carports shall be constructed of canvas and pipe for thc express purpose of shading
automobiles,
•
carport is attached to or immediately adjacent to the main building.
iv. The side of the carport that faces the required rear yard may be permitted to
align with the walls of thc existing residence, provided the residence is located a
minimum of five (5) feet from the rear property line..
v. When a carport is detached and located more than 12 inches from the main
home it shall not be located in the required front or side facing the street
least seven (7) feet shall be maintained.
d. Carports constructed prior to the adoption of this section shall be considered as legal
setbacks s shall be as follows:
a. Setbacks. Minimum stbackfor solar carport
i. Front yard 15 feet from the property line, provided the solar carport is
attached to or immediately adjacent to the main building.
ii. Interior side yard four(4) feet from the property line.
that face the required rearbe permitted
iv. The sides of the solar carport t t q yardmay
to align with the walls of the existing residcncc, provided the residence is j
located a minimum of five (5) feet from the rear property line.
v. When a solar carport is detached and located more than 12 inches from the
yards.
- - - -- - - -- •• -_ - _--_ a -- - _ - _ e -- - - _
An unobstructed view between the grade and the lower ceiling edge of the carport
of at least seven (7) feet shall be maintained.
Page 16 of 23
(f) Central air conditioners, emergency generators, swimming pool equipment, and other
mechanical equipment. Accessory central 'air conditioners, generators, swimming pool
equipment, and any other mechanical equipment, including attached screening elements, may
occupy.a required side or rear yard, in s* 1 , townhome,—.or in the RM-1. residential
multifamily low intensity districts only, provided that:
(1) They are not closer than five feet to a rear or interior side lot line or ten (10) feet to
a side lot line facing a street. I'
(2) The maximum height of the equipment including attached screening elements, shall
not exceed five 1.51 feet above current flood elevation, with a maximum height not to
exceed ten (10) 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 shall comply with the setback requirements
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 locatedin 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 L5j. feet from a rear or
interior side lot line, provided there are not 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.
(g) Driveways. Driveways and parking spaces leading into a property located in d
townhome districts are subject to the following requirements:
(h) Fences, walls, and gates. Regulations pertaining to materials and heights for fences, walls
and gates are as follows:
Page 17 of 23
(1) All districts except I-1 and WD-2:
a. Within the required front yard, fences, walls and gates shall not exceed five
feet,as measured from grade. The height may be, increased up to a
maximum total height of seven feet if the fence, wall or gate is set back
from the front property line. Height may be increased one foot for every
two a feet of setback. For properties zoned multifamily and located within
a locally designated historic district or site, fencesshall be subject to the
certificate of appropriateness review procedure, and may be approved at
the administrative level.
b..; Within the required rear or side yard, fences, walls and gates shall not
exceed seven ,l feet, as measured from grade,, except when such yard .
abuts a public right-of-way, waterway or golf course., the maximum height
shall not exceed five,(5).feet. A ' - - - - ' - - ,
that the portion of such fences,walls or gates above four feet in height
otherwise approved by the design review board or historic preservation
board, as applicable.
c. " All surfaces of masonry walls and wood fences shall be finished in the same
manner with the same materials on both sides to have an equal or better
quality appearance when seen from adjoining properties. The structural
supports for wood fences, walls or gates shall face inward toward the
property. In the event that a masonry wall or wood fence cannot be equally
finished on both sides, a waiver of this requirement may be approved by
the planning director, upon submittal of an affidavit at the time of inspection,
signed by the affected property owner, and consenting to the waiver of this 1
requirement; notwithstanding the'foregoing, no waiver may be granted as
to portions of masonry wall or fence which face the right-of-way or water.
(i) Hedges. In all districts, t There-is are no height limitations. Hedge material must be kept neat,
evenly trimmed and properly maintained. For corner visibility regulations see section 142-1135.
(j) Hot tubs, showers, saunas; whirlpools, toilet facilities, swimming Wool nguipment, decks. In all
districts, h.Hot tubs, showers, whirlpools, toilet facilities, decks and cabanas are structures which
are not required to be connected to the main building but may be constructed in a required rear
yard, provided such structure 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 (7 1/2) feet to a rear or
interior side lot line. - ••• •• •- --- -- --- - - -- --- -- - -- -- - - - -- - -it is at least two feet from a rear or interior sidelot line; howcver, when a side yard faces a street,
Page 18 of 23
or fencing constructed in a manner that prevents it being viewed from the street. Freestanding,
unenclosed facilities including surrounding paved or deck areas shall adhere to the same setback
requirements as enclosed facilities.
(k) Lightpoles. In all districts The following regulations shall apply to lightpoles:
(1) Lightpoles shall have a maximum height of ten (10) feet. Lightpoles shall be
located seven and one-half(7%)feet from any property line except that when such
property line abuts a public right-of-way, or waterway there shall be no required
setback.
(2) All light from lightpoles shall be contained on-site or on any public right-of-way as
required by the city Code.
(I) Marine structures. In all districts, s Seaward side yard setbacks for boat slips, decks, wharves,
dolphin poles, mooring piles,: davits, or structures of any kind shall not be less than seven and
one-half(7 '/2) feet. This requirement pertains to the enlargement of existing structures as well as
to the construction of new structures. It is further provided that any boat, ship, or vessel of any
kind shall not be docked or moored so that its projection extends into the required seaward side ,
yard setback, and the mooring of any type of vessel or watercraft shall be prohibited along either
side of the walkway leading from the seawall to a boat dock. Land side decks may extend to the
deck associated with the marine structure. Lighting associated with, but not limited to, the deck,
or marine structure shall be installed in such a manner to minimize glare and reflection on adjacent
properties and not to impede navigation. The maximum projection of a marine structure shall be
determined by the county department of environmental resource management. If.a dock or any
kind of marine structure/equipment whether it is or is not attached to a dock projects more than
40 feet into the waterway or it extends beyond the maximum projection permitted under section
66-113, the review and approval of the applicable state and county authorities shall be required.
In the event any dock, boat slips, decks, wharves, dolphin poles, mooring piles, davits, or
structures of any kind are proposed to extend greater than 40 feet from a seawall adjacent to, or
abutting the WD-1 or WD-2 district, conditional use approval from the planning board, in
accordance with chapter 118, article IV of the city Code, shall also be required.
(m) Ornamental fixtures or lamps. In all districts, r Requirements for ornamental fixtures and
lamps shall be as follows:
(1) Ornamental fixtures and lamps are permitted to be placed on walls or fences when
they are adjacent to a public street, alley, golf course or waterway. The total height
of the combined structure shall not exceed the required fence or wall height by
more than two j feet.
(2) Ornamental fixtures and lamps shall be located with a minimum separation of eight
(8) feet on center with a maximum width of two (2) feet.
(n) • Porte-cochere. A porte-cochere shall be permitted to extend from an entrance door to the
street line of any building except that porte-cocheres shall not be permitted in a single
Page 19 of 23
family-Or townhome district. Where a sidewalk or curb exist, the porte-cochere may extend
to within 18 inches of the sidewalk. The porte-cochere shall not exceed 30 percent of
building core frontage in width or 16 feet in height or be screened or enclosed in any
manner. It shall provide an unobstructed, clear space of not less than nine]feet between
the grade and the underside of the roof of the.porte-cochere.
(o) Projections. In all districts, e 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 (6) 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 adiusted grade
elevation of the lot, as defined in chapter 114. - - - - - - - , - -
projections and encroachments may be locatcd up to the first habitable floor elevation and
in width, which provide access to all porches, platforms, terraces and the first floor when
(7) Roof overhangs.
(8) Sills.
(9) Window or wall air conditioning units.
(10) Bay windows (not extending floor slab).
(11) Walkways: Maximum 44 inches. May be increased to a maximum of five (5) 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 yards 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. Notwithstanding the foregoing,
when required to accommodate ADA access to an existing contributing building
within a local historic district, or National Register District, an ADA walkway and
ramp may be located within a street side or interior side yard, with no minimum
setback, provided all of the following are adhered to:
Page 20 of 23
, a. The maximum width of the walkway and ramp shall not exceed 44 inches
and five (5)feet for required ADA landings;
b. The height of the proposed ramp and landing shall not exceed the finished
first floor of the building(s); and
c. The slope and length of the ramp shall not exceed that which is necessary
to meet the minimum Building Code requirements.
Additionally, subject to the approval of the design review board or historic preservation
board, as applicable, an awning may be provided to protect users of the ADA walkway
and ramp from the weather.
(12) Electric vehicle charging stations and fixtures, located immediately next to an off-
street parking space, shall be permitted where driveways and parking spaces are located.
Power and Light (FPL) may be located up to the front or strcct sidc property linc in single
family elistrints
(13) Planters, not to exceed four(4) feet in height, when measured from the finished
floor of the primary structure.
(p) Satellite dish antennas. In all districts, s 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 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.
Sec. 142-1133. -Swimming pools.
This section applies to swimming pools in all districts, except where specified. Accessory
swimming pools, open and enclosed, or covered by-a screen enclosure, or screen.enclosure not
covering a swimming pool, may only occupy a required rear or side yard, provided as follows:
(1) Rear yard setback. -- •• -•• - a. -- - - - -- _ _ _- -- - • -- -- = ---
Upon any bay or canal. There shall be a minimum seven and one half foot setback from the rear
infinity edge pool. For oceanfront properties, the setback shall be measured from the old city
bulkhead-line,
Page 21 of 23
III
a. •A six-foot minimum setback shall be required from the:rearproperty line to the
swimming pool deck or platform, the exterior face of an infinity edge pool catch basin, or '
screen enclosure associated or not associated with a swimming pool.
b. Swimming pool decks may extend to the property line and be connected to a dock
and its related decking when abuttinq upon any bay or canal.
c. There shall be a minimum seven and one-half-foot setback from the rear property
line to the:water's edge of theswimmingpool or to the waterline of the catch basin of an li
infinity edge pool.
d. • For oceanfront properties, the setback shall be measured from the old city
bulkhead line.
(2) Side yard, interior setback. A seven and one half foot minimum required setback from thc
catch basin, or screen enclosures.associated or not associated with a swimming pool. Nine foot
minimum required setback from side property line to thc water's-edge of the swimming pool or to
-- -
a. A sevn n-d one-half-foot miimum setback shall be required from the side
property line to a swimming pool deck or platform, the exterior face of an infinity edge pool .
catch basin, or screen enclosures associated or not associated with a swimming pool.
b. Nine-foot minimum required setback from side property line to the water's edge of
the swimming pool or to the waterline of the catch basin of an infinity edge pool. .
(3) Side yard facing a street: For a side yard facing a street:
a. Single family district. In,a single family district a ten foot setback from the property
line to the swimming pool, deck or platform, the exterior face of aninfinity edge pool catch
basin, or screen enclosure.
b. . All other districts. In all other districts a A 15-foot setback from the property line to I
the swimming pool, deck or platform, the exterior face of an infinity edgepool catch basin,
or screen enclosure.
(7) Corner properties within single family districts. For corner lots with a home built prior to
the swimming pool, deck, platform or screen .enclosure. For corner lots with radial corners, the
of the corner of the property.
{8) Homeswith two fronts, or thru lots, within single family districts.Lots with two fronts, as
it
Page 22 of 23 • .
SECTION 5.. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 6.. 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 7. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 8. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this .30 day of Ocil)ber , 2019.
r'°
ILM�P Gelber, Mayor I
ATTEST: \I 0
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R ael E. ranado, ity Jerk . = ;:-. •-\1:,-#;;;;"-- 1..'..y 1NCORP RAI E PP-OVED AS TO FORM
o ,..7 -.. `' AND LANGUAGE
�--c-7, , �� � . es• ;' AND FOR EXECUTION
°* ,�; 9 � oaz
"` '" Y ,' . "'ityy Attorney Date
First Reading: October 16, 2019 ;� \�
Second Reading: ctober 30 201• f\.J
►, l
Verified By: .1
Thomas R. Mooney, A " P
Planning Director
T:\Agenda\2019\10 October 16\Planning Oct 30\Common Variance Requests-Allowable Encroachments-Second Reading
ORD.docx
Page 23 of 23
Ordinances - R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 30, 2019
5:05 p.m. Second Reading Public Hearing
SUBJECT: COMMON VARIANCES -ALLOWABLE ENCROACHMENTS
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, BY
AMENDING CHAPTER 130, ENTITLED "OFF-STREET PARKING,"
ARTICLE III, ENTITLED "DESIGN STANDARDS," AT SECTION 130-64,
ENTITLED "DRIVES," TO MODIFY DRIVEWAY REQUIREMENTS FOR
LOW-SCALE MULTIFAMILY RESIDENTIAL BUILDINGS; BY AMENDING
CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 2,
ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL
DISTRICTS," AT SECTION 142-106, ENTITLED "SETBACK
REQUIREMENTS FOR A SINGLE-FAMILY DETACHED DWELLING," TO
INCORPORATE AND MODIFY REQUIREMENTS FOR ALLOWABLE
ENCROACHMENTS AND SWIMMING POOLS RELATED TO SINGLE
FAMILY HOMES CURRENTLY LOCATED IN SECTIONS 142-1132 AND 142-
1133; BYAMENDING DIVISION 21, ENTITLED "TOWN CENTER-CENTRAL
CORE (TC-C) DISTRICT," AT SECTION 142-744, ENTITLED "SETBACKS
AND ENCROACHMENTS," AND SECTION 142-745, ENTITLED "STREET
FRONTAGE, DESIGN, AND OPERATIONS REQUIREMENTS," TO
CLARIFY AND REVISE REQUIREMENTS FOR HABITABLE
ENCROACHMENTS, SHADE STRUCTURES, SETBACKS, AND OFF-
STREET LOADING; AND BY AMENDING ARTICLE IV, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4, ENTITLED
"SUPPLEMENTARY YARD REGULATIONS," AT SECTION 142-1132,
ENTITLED "ALLOWABLE ENCROACHMENTS WITHIN REQUIRED
YARDS," TO REMOVE REQUIREMENTS FOR SINGLE FAMILY
DISTRICTS AND MODIFY REQUIREMENTS FOR ALLOWABLE
ENCROACHMENTS IN REQUIRED YARDS, AND AT SECTION 142-1133,
ENTITLED "SWIMMING POOLS," TO REMOVE REQUIREMENTS FOR
SWIMMING POOLS IN SINGLE FAMILY DISTRICTS AND AMEND
REQUIREMENTS FOR SWIMMING POOLS IN OTHER DISTRICTS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
Page 332 of 849
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On January 16, 2019, at the request of Commissioner John Elizabeth Aleman, the City
Commission referred the discussion item to the Land Use and Development Committee (Item
R9 T— 2.b). On April 3, 2019, the Land Use and Development Committee (LUDC) discussed
the item recommended that a comprehensive ordinance be drafted by the administration,
pursuant to the recommendations in the LUDC report, to streamline the code and development
processes, and that the City Commission refer the proposed ordinances to the Planning Board.
On May 8, 2019, the City Commission referred the proposed ordinance to the Planning Board
(item C4 Q).
ANALYSIS
PLANNING ANALYSIS
This ordinance is a companion to two other items on the agenda related to common variances
for "rooftop additions, setbacks (including mixed-use), and room sizes;" as well as "signage."
Per Section 118-353 (d) of the land development regulations of the city code, in order to
authorize any variance from the terms of the land development regulations, the applicable land
use board must determine that there are "special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same zoning district." There are certain variances which are
regularly requested and granted by the board of adjustment, design review board (DRB), and
historic preservation board. Rather than being the exception to the rule, variance requests
accompany most development proposals that are presented before the aforementioned
boards. Several of the requests are quite common and usually granted by the applicable board.
The attached ordinance addresses the following commonly issued variances:
1) Variance for minimum drive aisles widths. The land development regulations (LDR's) require
two-way drive isles to be a minimum of 22 feet. For smaller buildings such widths are not always
necessary, as they don't generate significant traffic. As a result, smaller buildings often seek
variances to reduce the driveway width.
The proposed ordinance reduces the minimum two-way drive isle width for buildings with fewer
than 25 units to 18 feet.
2)Variance of minimum side setbacks for mechanical equipment for existing buildings with non-
conforming side setbacks. Variances are often sought to allow for the encroachment of
mechanical equipment into side yards for existing buildings. The City Commission recently
adopted code amendments to allow encroachments into side-yards for mechanical equipment
in the RS, TH, and RM-1 districts. Such allowances are currently not permitted in the RPS, RM-
2 and RM-3 districts, which require side setbacks.
The proposed ordinance extends the allowances for the limited encroachment of mechanical
equipment in side setbacks currently permitted in the RS, TH, and RM-1 districts to the RPS,
Page 333 of 849
RM-2 and RM-3 districts.
3) Variance of side and rear pool setbacks for existing pre-1942 architecturally significant
homes. The LDR's provide for reduced setbacks for architecturally significant pre-1942 homes
and projections. The placement of the home may require that variances be obtained for pools
and pool decks to be built, as the rear yards may not be sufficiently large to accommodate
currently required setbacks.
The proposed ordinance incorporates a setback reduction to five feet for pools and pool decks
into the incentives for the retention and preservation for pre-1942 architecturally significant
homes.
4) Variance of fence heights. Currently interior side fences are measured from grade in in RS-3
and RS-4 residential districts. Only the RS-1 and RS-2 residential districts allow such fences to
be measured from adjusted grade if the lot is raised to adjusted grade. Due to the need and
requirements to raise lots in many areas of the City due to sea level rise, variances are often
sought to allow the height of a fence to be measured from adjusted grade.
The proposed amendment allows the maximum height of interior side yard fences to be
measured from the adjusted grade on sites that have approval for adjusted grade in all single-
family districts .
5) Variance of accessory structure height. The maximum height for accessory structures is
currently measured from adjusted grade. Often accessory structures contain guest/servant
quarters, which may be habitable. Per the requirements of the Florida building code and the city
code, the minimum elevation of a habitable floor in any structure must be located at an elevation
of base flood elevation plus a one foot of freeboard (B FE +1). As a result of current limitations,
it is difficult for accessory structures to be built with the same resilience of the primary structure,
even if a three-foot height variance is granted.
The proposed amendment modifies the basis for the measurement of the the maximum height
of accessory structures from adjusted grade to BFE+1.
6) Variance of allowable encroachments to allow for planters. The LDR's list specific items
which are permitted as an allowable encroachment. Planters are currently not listed as an
allowable encroachment.
The proposed ordinance adds planters to the list of allowable encroachments in Section 142-
1132, along with a height limit of four feet from the finished floor elevation.
7) Variance for installation of fences where the finished side is required to face neighbors. The
LDR's require the finished side of a fence to face neighbors. There are numerous occasions
where a neighbor has their own fence or significant landscaping and they are comfortable with
the unfinished side facing their property. Miami-Dade County allows for such exceptions with a
signed affidavit from the affected neighbor.
The proposed ordinance provides an exception to not require a fence to not have a highly
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finished material facing a neighbor with an affidavit from an affected neighbor accepting the
condition.
8)Variance for exceeding the maximum allowable height of porches and terraces. Chapter 142-
1132 (o)(6)allows for porches, platforms, and terraces up to 30 inches above grade elevation to
encroach up to 25 percent into a required setback. Recent amendments regarding the City of
Miami Beach Freeboard requirements, which provide for a higher elevation of ground floors,
creates a need for porches, platforms, and terraces which exceed 30 inches in order to be able
to provide access and ADA accessibility into buildings. As a result, variances are sought to
raise the height of porches, platforms, or terraces beyond 30 inches.
The proposed ordinance modifies the requirements for the maximum height of porches,
platforms, and terraces to be measured from adjusted grade, as opposed to grade.
The proposed ordinance also provides clarifications for improved usability. Chapter 142,Article
IV, Division 4, entitled "Supplementary Yard Regulations" contains provisions that apply only to
single-family districts, others to non-single-family districts, and others to all districts. The
ordinance relocates all requirements that are applicable to single-family homes, inclusive of the
modifications described above, to Chapter 142, Article II, Division 2, related to "RS-1, RS-2,
RS-3, and RS-4 Single Family districts" to facilitate usability of the code. Other clarifications are
incorporated to improve the internal consistency of the LDR's.
In addition, there have been three proposals for new development within the North Beach Town
Center— Central Core (TC-C) district that are expected to be considered by the DRB this year.
These developments have requested variances which staff is supportive of as they achieve a
better urban form and improve pedestrian facilities. Since these variances lead to a better
result, modifications have been incorporated into the proposed ordinance to remove the need
for such variances. Additionally, the ordinance provides for some clarifications of other
requirements. The modifications proposed to the TC-C district are as follows:
1) Variance to allow for the shade structure to be located at a lower elevation. The North Beach
TC-C ordinance currently requires non-residential ground floor uses to provide a shade
structure. The structure is required to be located at an elevation of 15 feet above a 5-foot City of
Miami Beach Freeboard. The elevation was intended to allow for greater flexibility in the raising
of streets in the future due to sea level rise. However, this requirement will also result in the
shade structure being located very high above the sidewalk, limiting its effectiveness to provide
shade for pedestrians. As a result, all applications have sought a variance to allow them to lower
the shade structure.
The proposed ordinance allows for the shade structure to be located at a lower elevation,
provided that it is not an integral structural component of the building. This allows for a more
useful shade structure, while still allowing for it to be modified in the future, should changes in
elevation be necessary for the adjacent right-of-way.
2) Variance for interior side setbacks for small lots. The requirements for interior side setbacks
are tailored for larger development sites. The requirements make development of narrow lots
(100 feet or less) difficult. The TC-C area contains many small lots which due to their location
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are unlikely to be incorporated into larger unified development sites. These sites provide
opportunities to for small infill development which could be of great benefit to the town center.
The proposed ordinance modifies the upper-level interior side setbacks for small lots (110 feet
wide or less). If the lot is 110 feet wide or less, an upper-level setback would be required at 75
feet in height, as opposed to at 55 feet.
3) Variance for setbacks of decks consistent with requirements for habitable encroachments.
The TC-C regulations allow for encroachments of habitable spaces, such as balconies into
setbacks above a certain height. The ordinance needs clarifications as to what structures qualify
as a habitable encroachment. As a result, variances have been sought to allow for pool decks
and other structures to qualify for the same setbacks as habitable encroachments.
The proposed ordinance provides additional clarifications as to what is considered a habitable
encroachment, including pool decks, roof top decks, amenity decks, bay windows, trellises, and
pergolas.
4) Variance for parking access and loading requirements on lots that only have access from
Class A frontages. The TC-C regulations establish 71st Street, 72nd Street, Collins Avenue,
and Indian Creek Drive as Class A streets. These are the most prominent streets in the area,
and they are intended to provide the best pedestrian environment. As such, driveways are
prohibited on Class A streets unless there are no other access points to the site. Only those lots
located along Collins Avenue, which is a major state road have the potential for not having
access to other street classes. Currently, no driveways exist on this portion of Collins Avenue,
and introducing driveways would not be desirable. The corridor is also primarily made up of
small lots which are likely to develop independently. If these small lots were required to
incorporate driveways for loading and parking, the result would be an unfriendly pedestrian
environment on a street that currently has a high volume of pedestrians. Since those lots are
small, it is expected that they will have minimal parking and loading impacts, so the high number
of driveways would service a very limited amount of parking and loading. As a result, a
proposed development that only has access from Collins Avenue has sought variances from
loading requirements.
The proposed ordinance provides the DRB with the ability to waive parking and loading
requirements on lots that only have access from Class A frontages. Additionally, it clarifies that
drive-through commercial uses are prohibited in order to reduce the potential for unnecessary
drive-ways.
PLANNING BOARD REVIEW
On September 24, 2019, the Planning Board held a public hearing and transmitted the
ordinance to the City Commission with a favorable recommendation by a vote of 6-0.
HISTORIC PRESERVATION BOARD REVIEW
On October 8, 2019 the Historic Preservation Board (HPB) reviewed the subject ordinance and
recommended approval by a vote of 6-0. The HPB also recommended that the reduced pool
and deck setback requirements for pre-1942 architecturally significant homes be extended to
individually designated historic homes and contributing single family homes located in a local
historic district.
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UPDATE
The subject ordinance was approved at first reading on October 16, 2019, with the following
changes:
1. Section 142-1132, pertaining to allowable encroachments within required yards for
mechanical equipment, has been modified to remove the RPS, RM-2 and RM-3 districts.
These encroachments are currently permitted within TH and RM-1 districts.
2. Section 142-108, pertaining to allowable encroachments in single family districts, has been
modified. Specifically, the pool and deck allowable projection requirements for pre-1942
architecturally significant homes have been extended to individually designated historic homes
and contributing single family homes located in a local historic district, as recommended by the
HPB.
These modifications have been incorporated into the revised draft ordinance for adoption.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
Citywide
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
o Ordinance
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