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Ordinance 2020-4359 Matrix Group Recommendations: Simplification of Single-Family Regulations and DRB Administrative Review Procedures ORDINANCE NO. 2020-4359 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 114, ENTITLED "GENERAL PROVISIONS," SECTION 114-1, ENTITLED "DEFINITIONS,"TO MODIFY THE DEFINITION OF LOT COVERAGE; BY AMENDING CHAPTER 118, ENTITLED "ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE VI, ENTITLED "DESIGN REVIEW PROCEDURES," SECTION 118-260, ENTITLED "ADMINISTRATIVE REVIEW PROCEDURES," TO AMEND ADMINISTRATIVE REVIEW PROCEDURES APPLICABLE TO THE DESIGN REVIEW BOARD; 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," SECTION 142-105, ENTITLED "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO SIMPLIFY THE CITY'S SINGLE-FAMILY DEVELOPMENT REGULATIONS, INCLUDING THE CALCULATION OF LOT COVERAGE AND UNIT SIZE, AND TO MODIFY ALLOWABLE HEIGHT EXCEPTIONS; BY AMENDING SECTION 142-106, ENTITLED "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY DETACHED DWELLING," TO MODIFY SINGLE-FAMILY SETBACK REGULATIONS; BY AMENDING ARTICLE V, ENTITLED "SPECIALIZED USE REGULATIONS," DIVISION 8, ENTITLED "HOME BASED BUSINESS OFFICE," SECTION 142- 1411, ENTITLED "HOME BASED BUSINESS OFFICE," TO ELIMINATE THE FEE ASSOCIATED WITH A HOME BASED BUSINESS OFFICE; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, the City of Miami Beach wishes to ensure that regulations and processes relating to private development projects are fair, balanced and efficient; and WHEREAS, in 2018, the City solicited proposals from qualified firms to provide data-driven regulatory and process reviews, peer reviews and best practice recommendations, and recommendations for process improvements; and WHEREAS, the City retained the Matrix Consulting Group ("Consultant") to review the City's regulations and processes relating to private development projects; and WHEREAS, on June 5, 2019, the City Commission adopted Resolution No. 2019-30863, accepting and endorsing the recommendations of the Consultant's development and permitting study; and WHEREAS, the City's goal in this comprehensive effort is to ensure that the regulations and processes affecting private development are efficient and streamlined; and 1 WHEREAS, the Consultant recommended that the City's Land Development Regulations relating to single-family homes be simplified to provide predictability for architects, home owners, and the development and construction industry; and WHEREAS, the simplification of the City's single-family home regulations will allow for a more streamlined review of these projects; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. Section 1. Chapter 114, entitled "General Provisions," is hereby amended as follows: CHAPTER 114 GENERAL PROVISIONS Section 114-1. — Definitions Lot coverage means the percentage of the lot covered by the ground floor of all principal and accessory buildings, plus all areas covered by the roofs of such buildings including, but not limited to, covered porches, covered terraces, and roof overhangs. percentage of the total ar a of a lot that, when viewed directly from above, would be covered by all principal and accessory buildings and structures, or portions thereof; provided, however, that exterior unenclosed * * * Section 2. Chapter 118, entitled "Administrative and Review Procedures," Article VI, entitled "Design Review Procedures," Section 118-260, entitled "Administrative Review Procedures," is hereby amended as follows: CHAPTER 118 ADMINISTRATIVE AND REVIEW PROCEDURES ARTICLE VI — DESIGN REVIEW PROCEDURES * * * Sec. 118-260. - Administrative review procedures. (a) The planning director or the director's designated representative, shall have the authority to approve, approve with conditions, or deny an application on behalf of the board, for the following: (1) Ground level additions to existing structures, not to exceed two-stories 30 feet in height, which are not substantially visible from the public right-of-way, any waterfront or public park. For those lots which are greater than 10,000 square 2 feet, the floor area of the proposed addition may not exceed ten percent of the floor area of the existing structure or primary lot, whichever is less, with a maximum total floor area not to exceed 5,000 10,000 square feet. Section 3. 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," 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. 142-105. - Development regulations and area requirements. (a) The review criteria and application requirements for the RS-1, RS-2, RS-3, RS-4 single- family residential districts are as follows: * * * (3) Application requirements for DRB or HPB review. a. DRB or HPB applications shall follow the application procedures and review criteria, specified in chapter 118, article VI, design review procedures or article X, historic preservation, of these land development regulations (as applicable), board by-laws, or as determined by the planning director, or designee. However, the fee for .ee -- -• e b-o . . ... • - .- .e- -- e e lof •' . •: - •- ' .. - e after-1-942-shalt be$450.90. (b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential districts are as follows: * * * (4) Unit size requirements. a. Minimum unit size: 1,800 square feet. b. For purposes of this subsection, unit size means the sum of the gross horizontal areas of the floors of a single-family home, measured from the exterior faces of exterior walls. However, the unit size of a single-family home shall not include the following, unless otherwise provided for in these land development regulations: 1. Uncovered steps. 2. Attic space, providing structural headroom of less than seven feet six inches. 3. Those-portions-of covered terraces;Open breezeways, connected to more than one structure, which consist of roof protection from the elements and are open on all sides.; ee open porchcc that are attached to or part of the principal 3 buildiRg(-s), 4. Single-story cCovered terraces and porches, which are unenclosed and open on at least one side, with the exception of roof supports and required safety railing., 4h-the excen4+on supo r4+nn eon Gti irec are_open--on at least three a rear yard; - - '0-2 --• - -- - -- - -- - • ---e e e . - _ the lot area. 5. Enclosed floor space used for required off-street parking spaces (maximum 500 square feet). 6. Those-portion-s-of covered Covered exterior unenclosed private balconies that c. For two story homes with an overall lot coverage of 25 percent or greater, the following additional requirements shall apply to the second floor (including any portion of the home above a height of 18 feet as measured from base flood elevation plus freeboard): 1. At least 35% of the second floor along the front elevation shall be set back a minimum of five (5') feet from the minimum required setback. •_ - _ ! • _ •- e; inclusive-of any 2. At least 50% of the second floor along a side elevation facing a street shall be set back a minimum of five (5') feet from the minimum required setback. The DRB or HPB may forego this these requirements, in accordance with the applicable design review or appropriateness criteria. d. Non-airconditioned understory space located below minimum flood elevation, plus freeboard. Notwithstanding the above, for those properties located in the RS-1, RS- 2, RS-3, RS-4 single-family residential districts, where the first habitable floor has been elevated above existing grade in order to meet minimum flood elevation requirements, including freeboard, the apply to the design review board ostoric preaeryat on board as applicable,may approve understory area(s). For purposes of this subsection, 'understory' means the air-conditioned and/or non- air-conditioned space(s) located below the first elevated habitable floor. �. The height of the area under the main ire-ray-#av - - , -- - - - - , -!! -.. - -- - - -- - e. •- e. .e- 3. -3. The area under the first habitable floor of the main structure shall consist of non-air-conditioned—space .. _ - e- __e - _ into different elevators. 4. The parking e. . . . -- -•- - •-• -- e 'en:- -- e--- e-- directly below the first habitable- loor;-shall --not--Eou-nt--ire-fhe—unit--size calculations: 4 The use of the understory is shall be for non-habitable purposes,afad given that the city-intenf-is-to;acilitate solely-non-habitablc use of area may be subject to flooding. c. Subject to the review and approval of the design review board or historic preservation board, as applicable, the following may shall apply to the understory area(s): 1. Understory area(s) shall be used only for open air activities, parking, building access, mechanical equipment, non-enclosed restrooms and storage. Such areas shall be designed and maintained to be free of obstructions and shall not be enclosed and/or air-conditioned at any time, with the exception of limited access areas to the first habitable floor. However, understory area(s) below the lowest habitable floor can utilize non-supporting breakaway walls, open-wood lattice work, louvers or similar architectural treatments, provided they are open a minimum of 50 percent on each side. 2. All unenclosed, non-air-conditioned areas located directly below the first habitable floor shall not count in the unit size calculations. 3. Understory building access. Enclosed, air-conditioned elevator and stair vestibules, for access to the first habitable level of the home, shall be permitted under the first habitable floor and shall be located as close to the center of the floor plan as possible and be visually recessive such that they do not become vertical extensions of exterior building elevations. The total area of enclosed and air-conditioned building access shall be limited to no greater than three five (5%) percent of the lot area. All air-conditioned floor space located directly below the first habitable floor shall count in the total unit size calculations. 4. Enclosed, non-air-conditioned areas, for parking and storage, may be permitted and shall not count in the unit size calculations, provided such areas do not exceed 600 square feet. Any portion of such enclosed parking and storage area exceeding 600 square feet shall count in the unit size calculations. 5. All parking, including required parking, shall be provided within the understory area, and shall be clearly delineated by a different surface finish or bollards. No parking or vehicle storage shall be permitted within a required yard, unless approved by the DRB or HPB, in accordance with the applicable design review or certificate of appropriateness criteria. 6. The maximum width of all driveways at the property line shall not exceed 1-5 30 percent of the lot width, and in no instance shall be less than nine feet in width and greater than 18 feet in width. 7. At least 70 percent of the required front yard and street side yard areas shall consist of sodded or landscaped pervious open space. For purposes of this section, the required front yard shall be the same as the required front setback of the principal structure •• . - - • • - --. - -- - - e -• e e- • - - the required street sido yard shall be measured-from the street side-setback-o-the-principat-str cture--to the street side-proper dine. All allowable exterior walkways and driveways within the front and street side yards shall consist of pavers set in sand or other semi-pervious material. The use of concrete, asphalt or similar material within the required front or street side yards shall be prohibited. 5 8. A continuous soffit shall be lowered a minimum of two feet from the lowest slab of the first level above the understory area in order to screen from view all lighting, sprinkler, piping, plumbing, electrical conduits, and all other building services, unless concealed by other architectural method(s). 9. Understory ground elevation. The minimum elevation of the understory ground shall be constructed no lower than future crown of road as defined in chapter 54, of the city Code. All portions of the understory area that are not air- conditioned shall consist of pervious or semi-pervious material, such as wood deck, gravel or pavers set in sand. Concrete, asphalt and similar material shall be prohibited within the non-air-conditioned portions of the understory area. 10. Understory edge. All allowable decking, gravel, pavers, non-supporting breakaway walls, open-wood lattice work, louvers or similar architectural treatments located in the understory area shall be set back a minimum of five feet from each side of the underneath of the slab of the first habitable floor above, with the exception of driveways and walkways leading to the property, and access walkways and/or steps or ramps for the front and side area. The front and side understory edge shall be designed to accommodate on-site water capture from adjacent surfaces and expanded landscaping opportunities from the side yards. (5) Lot coverage (building-footprint). a. General. For lots aggregated after September 24, 2013, when a third lot is aggregated, as limited by subsection 142-105(b)(3), the calculation of lot coverage shall be determined by the two lots on which the house is located. b. One-story structures. One-story structures may exceed the maximum lot coverage noted in subsection 142-105(b)(1) above, through staff level review and shall be subject to the setback regulations outlined in section 142-106, but in no instance shall the lot coverage building-footprint exceed 50 40 percent of the lot area. The DRB or HPB may waive this requirement and allow up to 50% lot coverage for a one-story structure, in accordance with the applicable design review or appropriateness criteria. For purposes of this section, a one-story structure shall not exceed 18 feet in height for flat roof structures and 21 feet for sloped roof structures (measured to the mid-point of the slope) as measured from the minimum flood elevation. Notwithstanding the foregoing, for existing one-story structures constructed prior to 1965, the maximum lot coverage shall not exceed 50%. However, for five percent of the lot coverage, the height • . . - . .. feetf: . -t - - -- - -. . - - -- . . - .--. .. .. . - ( t of the slope). The- - - - - - - - --- _ - • - C. Calculating lot coverage. Lot coverage shall be as defined in Section 114-1, subject to the following additional regulations: For purposes of calculating lot coverage. the .. - - •- - -- - - -:-from-the-exter-: - - - • - . • - -xterior or portions thereof. 1. Internal courtyards, which are open to the sky, but which are substantially enclosed by the structure on three four or more sides, shall be included in the lot coverage calculation. 6 2. Eyebrows, roof overhangs, covered porches and terraces, projecting a maximum of five (5') feet from an exterior wall, shall not be included in the lot coverage calculation. All portions of such covered areas exceeding a projection of five(5')feet shall be included in the lot coverage calculation. outdeec-covered-ar it-: e, __2.. , .. - _ e. _ , . .. _ , etc:; _ - - _-_• -• _ -- •- - - - - -- - - - - - - - :_ -el . -, . • - --•-e - - ••- ' •-•• -- - •- • • - - - - -• - • feet or less, 2—When-detached from the main -- - - part-: -• - -- - .. e. --_ -. - _ - __ •_ - _ • _ cent of the lot area. terrace formed hof columns—cc—pests—with an :::• - • e - e-.•• d. Garages. A maximum of 500 square feet of garage space shall not be counted in lot coverage if the area is limited to garage, storage and other non-habitable uses and the garage conforms to the following criteria 1. The garage is one story in height and not covered by any portion of enclosed floor area above. Portions of the garage which are covered by enclosed floor area above shall count toward lot coverage. Enclosed floor area shall be as defined in section 114-1. 2. The vehicular entrance(s)of the garage is not part of the principal facade of the main house. 3. The garage is constructed with a vehicular entrance(s) perpendicular to and not visible from the right-of-way, or the entrance(s) is set back a minimum of five feet from the principal facade of the main house when facing a right-of-way. e. Nonconforming structures. Existing single-family structures nonconforming with respect to sections 142-105 and 142-106, may be repaired, renovated, rehabilitated regardless of the cost of such repair, renovation or rehabilitation, notwithstanding the 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. f. Demolition of architecturally significant single-family homes. Proposed new construction that exceeds the original building footprint of a demolished architecturally significant single-family home shall follow the provisions of section 142-108. (6) Roof decks. Roof decks shall not exceed six inches above the main roofline and shall not exceed a combined deck area of 25 percent of the enclosed floor area immediately one floor below, regardless of deck height. Roof decks shall be setback a minimum of ten feet from each side of the exterior outer walls, when located along a front or side elevation, and from the rear elevation for non-waterfront lots. Built in planters, gardens 7 or similar landscaping areas, not to exceed three and one-half feet above the finished roof deck height, may be permitted immediately abutting the roof deck area. All landscape material shall be appropriately secured. The DRB or HPB may forego the required rear deck setback, in accordance with the applicable design review or appropriateness criteria. (7) Height exceptions. The height regulation exceptions contained in section 142-1161 shall not apply to the RS-1, RS-2, RS-3 and RS-4 zoning districts. The following exceptions shall apply, and unless otherwise specified in terms of height and location, shall not exceed ten feet above the roofline of the structure. In general, height exceptions that have not been developed integral to the design intent of a structure shall be located in a manner to have a minimal visual impact on predominant neighborhood view corridors as viewed from public rights-of-way and waterways. a. Chimneys and air vents, not to exceed five feet in height. b. Decorative structures used only for ornamental or aesthetic purposes such as spires, domes, and belfries;. a+nd--severed- - - - , • -• - - ---• on all side and arc not intended for habitation or to extend interior habitable space. Such structures-shall not exceed a-soFnbined-arca of e _ - • - •- - - - - -- - - c. Radio and television antennas. d. Parapet walls, only when associated with a habitable roof deck or when used to screen roof top mechanical equipment. When associated with a habitable roof deck, the parapet shall not to exceed three and one-half feet above the finished roof deck height, and shall be set back a minimum of ten feet from the perimeter of the enclosed floor below. When used to screen mechanical equipment, the parapet walls shall not exceed the height of the equipment being screened. e. Rooftop curbs, not to exceed three (3)feet in height. f. Elevator bulkheads shall be located as close to the center of the roof as possible and be visually recessive such that they do not become vertical extensions of exterior building elevations. g. Skylights, not to exceed five feet above the main roofline, and provided that the area of skylight(s) does not exceed ten percent of the total roof area of the roof in which it is placed. h. Air conditioning and mechanical equipment not to exceed five feet above the main roofline and shall be required to be screened in order to ensure minimal visual impact as identified in the general section description above. i. Rooftop wind turbines, not to exceed ten feet above the main roofline. j. Solar panels, not to exceed five (5)feet in height k. Covered structures,which are open on all sides,and do not extend interior habitable space. Such structures shall not exceed a combined area of 20 percent of the enclosed floor area immediately one floor below, and shall be set back a minimum of ten feet from the perimeter of the enclosed floor below. (8) Exterior building and lot standards. The following shall apply to all buildings and properties in the RS-1, RS-2, RS-3, RS-4 single-family residential districts: 8 a. [Exterior bars.]Exterior bars on entryways, doors and windows shall be prohibited on front and side elevations, which face a street or right-of-way. b. Minimum yard elevation requirements. 1. The minimum elevation of a required yard shall be no less than five (5) feet NAVD (6.56 feet NGVD), with the exception of driveways, walkways, transition areas, green infrastructure (e.g., vegetated swales, permeable pavement. rain gardens, and rainwater/stormwater capture and infiltration devices), and areas where existing landscaping is to be preserved, which may have a lower elevation. When in conflict with the maximum elevation requirements as outlined in paragraph c., below, the minimum elevation requirements shall still apply. 2. Exemptions. The minimum yard elevation requirements shall not apply to properties containing single-family homes individually designated as historic structures, or to properties with single-family homes designated as "contributing" within a local historic district. c. Maximum yard elevation requirements. The maximum elevation of a required yard shall be in accordance with the following, however in no instance shall the elevation of a required yard, exceed the minimum flood elevation, plus freeboard: 1. Front Yard. The maximum elevation within a required front yard shall not exceed adjusted grade, 30 inches above grade, or future adjusted grade, whichever is greater. In this instance, the maximum height of any fence(s) or wall(s) in the required front yard, constructed in compliance with Section 142- 1132(h), "Allowable encroachments within required yards", shall be measured from existing grade. 2. Interior Side Yards (located between the front setback line and rear property line). The maximum elevation shall not exceed adjusted grade, or 30 inches above grade, whichever is greater, except: (A) When the average grade of an adjacent lot along the abutting side yard is equal or greater than adjusted grade, the maximum elevation within the required side yard shall not exceed 30 inches above adjusted grade. (B) When abutting a vacant property, the maximum elevation within the required side yard shall not exceed 30 inches above adjusted grade. (C) Notwithstanding the above, when abutting property owners have jointly agreed to a higher elevation, both side yards may be elevated to the same higher elevation through the submission of concurrent building permits, not to exceed the minimum required flood elevation. In this instance the maximum height of any fences or walls along the adjoining property lines, constructed in accordance with Section 142-1132(h). Allowable encroachments within required yards shall be measured from the new average grade of the required side yards. 3. Side Yard Facing a Street. The maximum elevation within a required side yard facing a street shall not exceed adjusted grade, 30 inches above grade, or future adjusted grade, whichever is greater. In this instance, the maximum height of any fence(s) or wall(s) in the required side yard facing a street, constructed in compliance with Section 142-1132(h), "Allowable encroachments within required yards", shall be measured from existing grade. 9 4. Rear Yard. The maximum elevation for a required rear yard, (not including portions located within a required side yard or side yard facing the street), shall be calculated according to the following: (A) Waterfront. The maximum elevation shall not exceed the base flood elevation, plus freeboard. (B) Non-waterfront. The maximum elevation shall not exceed adjusted grade, or 30 inches above grade, whichever is greater, except: i. When the average grade of an adjacent lot along the abutting rear yard is equal or greater than adjusted grade, the maximum elevation within the required rear yard shall not exceed 30 inches above adjusted grade. ii. When abutting a vacant property, the maximum elevation within the required rear yard shall not exceed 30 inches above adjusted grade. iii. Notwithstanding the above, when abutting property owners have jointly agreed to a higher elevation, both rear yards may be elevated to the same higher elevation through the submission of concurrent building permits, not to exceed the minimum required flood elevation. In this instance the maximum height of any fences or walls along the adjoining property lines, constructed in accordance with Section 142- 1132(h). Allowable encroachments within required yards shall be measured from the new average grade of the required rear yards. 5. Storm water retention. In all instances where the existing elevation of a site is modified, a site shall be designed with adequate infrastructure to retain all stormwater on site in accordance with all applicable state and local regulations, as determined by the Public Works Department. 6. Retaining wall and yard slope requirements. Within the required front yard and within the required side yard facing a street the following shall apply: (A) Within the first four feet of the property line, the maximum height of retaining walls shall not exceed 30 inches above existing sidewalk elevation, or existing adjacent grade if no sidewalk is present. (B) When setback a minimum of four feet from property line, the maximum height of retaining walls shall not exceed 30 inches above adjacent grade. (C) Retaining walls shall be finished with stucco, stone, or other high quality materials, in accordance with the applicable design review or appropriateness criteria of section 142-105. (D) The maximum slope of the required front and side yard facing a street shall not exceed 11 percent (5:1 horizontal:vertical). (9) Lot split. All new construction for homes on lots resulting from a lot split application approved by the planning board shall be subject to the review and approval of the design review board (DRB) or historic preservation board (HPB), as applicable. The following shall apply to all newly created lots, when the new lots created do not follow the lines of the original platted lots and/or the lots being divided contain an architecturally significant, pre-1942 home that is proposed to be demolished. a. The maximum lot coverage for a new one-story home shall not exceed 40 percent of the lot area, and the maximum lot coverage for a new two-story home shall not 10 exceed 25 percent of the lot area, or such lesser number, as determined by the planning board. b. The maximum unit size shall not exceed 40 percent of the lot area for both one story, and two-story structures, or such less numbers, as determined by the planning board. 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: (1) Front yards: The minimum front yard setback requirement for these districts shall be as follows: 20 feet. a. One-story structures: 20 feet, provided that any portion of a 2-story attached structure shall be setback a minimum of 40 feet. ••. ... -. . •• front yard setback line. b. Two-story structures: 30 feet, provided (a)(1)(a) above does not apply. shall-be--set . --•-••-.-- : -• .:: iorial feet from the-required-front yard-setback-line: c. [Reserved.] d. At least 50 percent of the required front yard area shall be sodded or landscaped pervious open space. With the exception of driveways and paths leading to the building, paving may not extend any closer than five feet to the front of the building. e. In the event that an existing single-family home has an abutting street raised pursuant to an approved city project, and such home was previously permitted with less than 50 percent of the required front yard area consisting of sodded or landscaped pervious open space, such property may retain the most recent, previously permitted pervious open space configuration, provided the front yard is raised to meet the new street elevation. However, in no instance shall less than 30 percent of the required front yard be sodded or landscaped pervious open space. (2) Side yards: a. The sum of the required side yards shall be at least 25 percent of the lot width. b. Side, facing a street. 1. Each required side yard facing a street shall be no less than ten percent of the lot width or 15 feet, whichever is greater. 2. At least 50 percent of the required side yard area facing a street shall be sodded or landscaped pervious open space. With the exception of driveways and paths leading to the building, paving may not extend any closer than five feet to the front of the building. 3. In the event that an existing single family home has an abutting street raised pursuant to an approved city project, and such home was previously permitted with less than 50 percent of the required side yard area facing a street consisting of sodded or landscaped pervious open space, such property may retain the most recent, previously permitted pervious open space if the side yard area facing a street is raised to meet the new street elevation. However, in no 11 instance shall less than 30 percent of the required side yard area facing a street be sodded or landscaped pervious open space. c. Interior sides. 1. For lots greater than 69 65 feet in width each interior side yard shall have a minimum of ten percent of the lot width or ten feet, whichever is greater. 2. For lots 60 65 feet in width or less each interior side yard shall have a minimum of seven and one-half feet. d. Two-story side elevations located parallel to a side property line shall not exceed 50 percent of the lot depth, or 60 feet, whichever is less, without incorporating additional open space, in excess of the minimum required side yard, directly adjacent to the required side yard. The additional open space shall be regular in shape, open to the sky from grade, and at least eight feet in depth, measured perpendicular from the minimum required side setback line. The square footage of the additional open space shall not be less than one percent of the lot area. The width of the--property, as rneaswed-# - -- _ - _- - space - - - • -- - - .e-e - • _ - -- • • --• -• - interiorside yard open space in-- _ _ _ • . - inotuded--+ •- _ - _ _. .e- .- -. - _ . The elevation (height) of the open space provided shall not exceed the elevation of the first habitable floor maximum permitted--- - •_ •- - - -- - .4rec -side-yard, and at least 75 50 percent of the required interior open space area shall be sodded or landscaped previous open space. The additional open space may contain mechanical equipment. The intent of this regulation shall be to break up long expanses of uninterrupted two-story volume at or near the required side yard setback line and exception from the minimum requirements of this provision may be granted only through historic preservation board, or design review board approval, as may be applicable, in accordance with the applicable design review or appropriateness criteria. e. Nonconforming yards. 1. If a single-family structure is renovated in excess of 50 percent of the value determination, as determined by the building official pursuant to the standards set forth in the Florida Building Code, any new construction in connection with the renovation shall meet all setback regulations existing at the time, unless otherwise exempted under chapter 118, article IX of these land development regulations. 2. When an existing single-family structure is being renovated less than 50 percent of the value determination, as prescribed by the building official pursuant to the standards set forth in the Florida Building Code, and the sum of the side yards is less than 25 percent of the lot width, any new construction, whether attached or detached, including additions, may retain the existing sum of the side yards, provided that the sum of the side yards is not decreased. 3. When an existing single-family structure is being renovated less than 50 percent of the value determination, as prescribed by the building official pursuant to the standards set forth in the Florida Building Code, and has a 12 nonconforming interior side yard setback of at least five feet, the interior side yard setback of new construction in connection with the existing building may be allowed to follow the existing building lines. The maintenance of this nonconforming interior side yard setback shall only apply to - ----•- e° --- -• e - - -•• •- •- .-• -- -- - - e eptember 6, 2006, and to the linear extension of a single story building, provided such linear extension does not exceed 20 feet in length as Ions as the-ad-ditIen-and does not exceed 18 feet in height for a flat roof structure and 21 feet for a sloped roof structure (measured to the mid-point of the slope), as measured from the minimum flood elevation. If the-linear-exte • •• . - , •- - _-..-ftoer • Of seven and one half-feet;-w- - - • _ -- - . (3) Rear: The rear setback requirement shall be 15 percent of the lot depth, 20 feet minimum, 50 feet maximum. At least 70 percent of the required rear yard shall be sodded or landscaped pervious open space; when located at or below adjusted grade, the water portion of a swimming pool may count toward this requirement, when located above adjusted grade, the water portion of a swimming pool may count towards 50% of this requirement, provided adequate infrastructure is incorporated into the design of the pool to fully accommodate on-site stormwater retention. (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 in the computation 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. - - - - • - • . . - . . ... - - - -• - - - - -- . - . -- . •-home on the subject site, or 1-,500-square-feet, whichever is less. 50-percent of-the first floor area- c. 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. d. e Setbacks: 13 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 onehalf of the required rear setback, or 15 feet, whichever is greater. e. 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. f. gUses. 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 guest'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. g_ti 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 outdoor built-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. • Section 4. Chapter 142, entitled "Zoning Districts and Regulations," Article V, entitled "Specialized Use Regulations," Division 8, entitled "Home Based Business Office," is hereby amended as follows: ARTICLE V. — SPECIALIZED USE REGULATIONS DIVISION 8. — HOME BASED BUSINESS OFFICE Sec. 142-1411. - Home based business office. * * * (c) All home based business offices shall be required to obtain and maintain a business tax receipt an-©ccupatianat-license from the city, - - •-- _ _ .. _.!!. * * 14 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. Exceptions. This ordinance shall not apply to: 1. Any application for a Land Use Board Approval filed with the Planning Department on or before October 14, 2020. 2. Any application that has been issued a Building Permit Process Number from the Building Department on or before October 14, 2020. SECTION 9. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this /7 day of acrUhe,e- , 2020. ATTEST: 0/2et� Dan Gelber, Mayor Raf el E. Granado, City Clerk iti3 J u acl APPROVED AS TO FORM AND First Reading: September 16, 2020 l(f)GUAGEAND IfOR EXECUTION Second Reading: a etcher 1 ,, 20 ( 0_ Z Q t Verified By: U /I City Attorney Date Thomas R. Mooney, IC' Planning Director T:\Agenda\2020\10 October 14\Planning\Single Family and ORB Administrative Regs-Second Reading-ORD.docx 15 Ordinances - R5 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L Morales, City Manager DATE: October 14, 2020 9:10 a.m. Second Reading Public Hearing SUBJECT: MATRIX GROUP RECOMMENDATIONS: SIMPLIFICATION OF SINGLE- FAMILY REGULATIONS AND DRB ADMINISTRATIVE REVIEW PROCEDURES 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 114, ENTITLED "GENERAL PROVISIONS," SECTION 114-1, ENTITLED "DEFINITIONS," TO MODIFY THE DEFINITION OF LOT COVERAGE; BY AMENDING CHAPTER 118, ENTITLED "ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE VI, ENTITLED "DESIGN REVIEW PROCEDURES," SECTION 118-260, ENTITLED "ADMINISTRATIVE REVIEW PROCEDURES," TO AMEND ADMINISTRATIVE REVIEW PROCEDURES APPLICABLE TO THE DESIGN REVIEW BOARD; 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," SECTION 142-105, ENTITLED "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO SIMPLIFY THE CITY'S SINGLE-FAMILY DEVELOPMENT REGULATIONS, INCLUDING THE CALCULATION OF LOT COVERAGE AND UNIT SIZE, AND TO MODIFY ALLOWABLE HEIGHT EXCEPTIONS; BY AMENDING SECTION 142-106, ENTITLED "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY DETACHED DWELLING," TO MODIFY SINGLE-FAMILY SETBACK REGULATIONS; BY AMENDING ARTICLE V, ENTITLED "SPECIALIZED USE REGULATIONS," DIVISION 8, ENTITLED "HOME-BASED BUSINESS OFFICE," SECTION 142-1411, ENTITLED "HOME-BASED BUSINESS OFFICE," TO ELIMINATE THE FEE ASSOCIATED WITH A HOME BASED BUSINESS OFFICE; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. RECOMMENDATION The administration recommends that the City Commission adopt the subject ordinance. Page 474 of 1576 BACKGROUND/HISTORY In order to ensure that the City's regulations and processes relating to private development projects are fair, balanced and efficient, the City solicited proposals from qualified firms to provide data-driven regulatory and process reviews, peer and best practice recommendations and recommendations for process improvement (both administrative and legislative). The goal of this comprehensive effort was to ensure that the regulations and processes affecting private development are efficient and streamlined and to: •Attract sustainable and resilient development; • Safeguard quality of life within neighborhoods; • Promote historic preservation; • Improve both the customer experience and staff process. The Matrix Consulting Group, LLC was chosen to review the City's regulations and processes related to private development. On May 22, 2019, the Land Use Development Committee (LUDC) reviewed the report of the Matrix Group and recommended that the City Commission accept the recommendations of the administration and requested that the administration provide a timeline for the recommendations moving forward. On June 5, 2019 the City Commission adopted Resolution No. 2019-30863 endorsing the administrations recommendations based on the Matrix study. The adoption of this resolution included a referral of the work plan to the LUDC. Additionally, required amendments to the LDR's were referred to the LUDC and Planning Board. One of these amendments was the simplification of the single-family development regulations. On July 24, 2019, the LUDC discussed this amendment and recommend that the Planning Board endorse the Ordinance. On September 24, 2019, the Planning Board transmitted the ordinance to the City Commission with a favorable recommendation. On October 16, 2019, the City Commission discussed the proposed ordinance amendment and rereferred the item back to the LUDC to start the amendment process with the new City Commission from the beginning. Commissioner Ricky Arriola agreed to become the new sponsor for the proposal. The December 2019 LUDC was cancelled, and the subject ordinance was placed on the January 21, 2020 agenda of the Land Use and Sustainability Committee. The item was deferred to the February 18, 2020 LUSC meeting. On February 18, 2020 the item was deferred to March 17, 2020. The March 17, 2020 LUSC meeting was postponed, and the item was placed on the June 30, 2020 LUSC agenda. Commissioner Mark Samuelian became the sponsor for the item on June 30, 2020. Additionally, the LUSC discussed the item on June 30, 2020 and continued the matter to July 21, 2020. On July 21, 2020, the LUSC discussed the ordinance and recommended that the City Commission refer the subject ordinance to the Planning Board. On July 29, 2020 the City Commission referred the subject ordinance to the Planning Board (item C4 H). ANALYSIS Page 475 of 1576 PLANNING ANALYSIS The Matrix study contained 33 initial recommendations, five of which staff recommended not move forward. 11 of the initial recommendations have already been implemented by staff. Several of the recommendations required amendments to the Land Development Regulations. The subject ordinance is related to the recommendation that single-family home development regulations be simplified. Additionally, a clean-up amendment for home based offices is included, as well as a minor change to the square footage threshold for staff review of non-single family properties. In this regard, staff can currently review additions to commercial and multi-family projects (not exceeding 30 feet in height) that are less than 5,000 square feet and not substantially visible from the public right-of-way. The proposed amendment would increase the square foot threshold to 10,000 square feet for an addition. The simplification of the single-family home development regulations will accomplish three main objectives: 1. The regulations will be easier for lay-persons to understand; 2. The regulations will be easier for design professionals to understand and meet code requirements; and 3. They will help to simplify and expedite permit review. It is very important to note that the modifications proposed herein will continue to regulate the overall lot coverage, unit size, and massing of new homes as well as additions to existing homes. The recommendations are based upon the experience of staff in working with and applying the current regulations to hundreds of applications processed for the Design Review, as well as an even greater number of applications for building permits The current regulations are overly complex, and difficult for homeowners as well as architects to understand and apply in practice. For example, some of the current regulations have become dated, such as counting the covered portion of an outdoor terrace that is more than ten (10')feet in depth as unit size, which is generally understood to be enclosed area. The proposed changes include removing this inclusion for unit size, and further restricting that which is included as lot coverage, where the limitation is more logical. To this point, currently only the covered portions of terraces over ten (10') feet count as lot coverage. As proposed, all portions of covered areas projecting over five (5') feet will now count as lot coverage. Allowing five (5') feet of overhang is reasonable for shade and energy conservation without a lot coverage 'penalty. The ordinance also proposes staff review for homes utilizing the understory regulations in all circumstances. The reason for this recommendation is that the understory regulations, which were amended a few years ago, are extremely comprehensive in the requirements, especially in terms of resiliency. If a homeowner could not comply with every single requirement and requested a variance from a requirement, then design review board review and approval would still be required. Also, any proposed new home which replaces an architecturally significant home would still require review and approval by the DRB, regardless of whether or not the new home proposed has an understory. The attached chart (Exhibit A) is a summary of the proposed amendments, as refined and modified based on the discussion at the City Commission meeting of October 16, 2019 and Page 476 of 1576 further analysis by staff. Graphic illustrations of existing and proposed regulations are also attached (Exhibit B). Additionally, staff has met with practicing architects who frequently use the single-family regulations, as well as representatives of MDPL and MBU for their input. These discussions have also informed the proposed revisions to the ordinance. At the June 30, 2020 LUSC meeting, additional information was requested regarding understory homes that have been reviewed by the DRB. Of the eleven (11) understory homes reviewed by the DRB since 2017, only two did not include the replacement of pre-1942 architecturally significant home, waiver or variance request. Finally, the subject ordinance contains an exceptions provision. Specifically, this ordinance shall not apply to: 1 . Any applicant who has filed an application for a Land Use Board Approval with the Planning Department on or before August 25, 2020. 2 . Any applicant who has obtained a Building Permit Process Number from the Building Department on or before August 25, 2020. PLANNING BOARD REVIEW On August 25, 2020 the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 7-0. The Planning Board also recommended that the Design Review Board (DRB) or Historic Preservation Board (HPB), as applicable, be permitted to consider an increase of the maximum lot coverage for single story homes from 40% up to a maximum of 50%. This change has been incorporated into the draft ordinance for first reading. UPDATE. The subject ordinance was approved at first reading on September 16, 2020, and second reading/adoption was set for October 14, 2020. As part of the approval at first reading, the City Commission modified the understory regulations to require that all applications containing an understory element be reviewed and approved by the Design Review Board or Historic Preservation Board, as applicable. This modification has been incorporated into the attached, revised ordinance for adoption. CONCLUSION The administration recommends that the City Commission adopt the subject ordinance. AFplicable Area Citywide Is this a "Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Page 477 of 1576 Planning Sponsor Vice-Mayor Mark Samuelian ATTACHMENTS: Description ❑ Exhibit A- Chart ❑ Exhibit B - Graphics ❑ Ordinance Page 478 of 1576 Single Family Simplification/Matrix Recommendation EXHIBIT A Topic Code Section Existing Proposed (reference graphics) Lot coverage means the percentage of the total area of a lot that, when viewed directly Lot coverage means the percentage of the lot covered by from above,would be covered by all principal the ground floor of all principal and accessory buildings, plus and accessory buildings and structures,or all areas covered by the roofs of such buildings including, portions thereof; provided, however,that but not limited to covered porches, covered terraces, and Definition exterior unenclosed private balconies, and sin 114-1 ;OOf overhangs. awnings shall not be included in determining the building area. All covered roof areas, including covered porches and "Currently exterior private balconies and covered terraces count in lot coverage, unless areas underneath awnings are not otherwise excluded elsewhere in the code. included in lot coverage. The current code references an old fee for applications to the DRB for non-architecturally FeesCode updated to reflect current application procedures with significant homes constructed prior to 1942 and Sec 142-105 references to updated fees. all homes constructed after 1942 shall be $150.00. 1.Portions of covered terraces,breezeways and open porches exceeding a depth of 10'count in 1.Unenclosed covered terraces,porches and breezeways do not unit size. count as unit size,regardless of depth and whether they exceed Unit Size 2. Covered terraces and porches in the rear yard 2%of the lot area. Sec.142-105(b)(4ib. © which exceed 2%of lot area count in unit size. 2.Covered,unenclosed balconies do not count as unit size, 2 3.Portions of covered balconies exceeding a regardless of projection. projection of 6 feet count in unit size. The 70%limitation is replaced with the requirement for homes with a lot coverage of 25%or greater having at least 35%of the Second floor For homes with a lot coverage of 25%or greater, second floor along the front,and 50%of the second floor along requirements the second floor shall not exceed 70%of the first the street side, setback a minimum of 5'from the edge of the first Sec.142-105-1(b)(4)c floor. This may be waived by the ORB. floor. This may be waived by the DRB- This requirement may also 4 be waived if the second story is setback 40'from the front property line or 20'from the street facing side yard. 1.Currently there are two(2)options for 1.understory homes no longer require DRB approval,but all understory homes,one requiring ORB approval understory homes must comply with the stricter design Understory and one not. regulations that were previously required for DRB approval. Requirements 2. Max enclosed and air-conditioned building 2. Max enclosed and air-conditioned building access:(5%) of the Sec.142-105-1(b}(4)d&e access:(3%) of the lot area. lot area. 3. Max Driveway approach:15%of the lot width. 3.Max Driveway approach:30%of the lot width. Lot Coverage- Max Lot coverage for single-story structures:40%.Except: Single Story Max Lot coverage for single-story structures= 1.Single-story homes constructed prior to 1965,max:50% Homes 50% 2.Singe-story homes receiving a waiver form the DRB or HPB,max Sec.142 105(b)(S)b \50% Page 479 of 1576 Single Family Simplification/ Matrix Recommendation EXHIBIT A 1.Internal court yards which are substantially enclosed on 3 or more sides count as lot coverage. 2.covered areas attached to the main home with 1.internal court yards which are substantially enclosed on 4 or Lot Coverage a projection of 10'or less are not counted as lot more sides count as lot coverage. Calculations coverage. 2.Portions of eyebrows,covered porches,terraces and roof Sec.142-1OSb){5)c&d 3.Covered areas detached from the main home, overhangs exceeding 5 feet in depth count as lot coverage. GY---6-'\\ v„,1 with a projection of 10'or less,and not exceeding 2%of the lot area are not counted as lot coverage. Height(Parapet Parapet wall only allowed when associated with a Parapet walls allowed to screen mechanical equipment,up to the Walls) habitable roof deck. height of the equipment. Sec.142-10S(b)(7) 1.The minimum front yard setback for 1-story structures is 20'. 1.The minimum front yard setback for 1-story structures is 20'. 2.The minimum front yard setback for 2-story 2.The minimum front yard setback for 2-story structures is 30'. Front Setbacks structures is 30'. 3.1-story portions of 2-story structures may be located at a 20' Sec.142-1.06(a){1) 3. 1-story structures(i.e.garage)may be located setback if the 2-story portion of the structure is setback a at the 20'setback if they are separated from a 2- minimum distance of 40' story home a minimum distance of 5'. Side Setbacks The minimum interior side yard setback for lots The minimum interior side yard setback for lots greater than 65' Sec.142 1o6(a)(z)c greater than 60'in width is 10' in width is 10' When additional open space is required along an Open Space interior side yard,such area: When additional open space is required along an interior side requirements 1.May not exceed the maximum permitted side yard,such area: (along 2-story yard elevation. 1.May not exceed elevation of the first habitable floor. side elevations) 2. Shall have at least 75%of the open space 2. Shall have at least 50%of the open space landscaped. Sec.142-106{a)(2)dlandscaped. 3.Mechanical equipment is permitted. © 3.Mechanical equipment is not permitted. Extension of Non-conforming interior side yard setbacks may Non-conforming be extended for a linear ground floor addition or Non-conforming interior side yard setbacks may be extended for a side setbacks second floor addition,not to exceed the linear ground floor addition only not to exceed 20 linear feet. Sec.142-106fa)i2le required front and rear setback requirements. 1.lot coverage limited to 25%of required rear yard. 2. 1.Lot coverage limited to 25%of required rear yard. Size limited to lesser of 10%of lot area or 1500 2.Size limitation removed(lot coverage limitation applies) SF. 3. 3.Second floor requirement removed second floor cannot exceed 50%of first floor Accessory 4.Structures 12 feet high or less:=7.5'minimum setback(interior 4.Single story setbacks:=7.5'(interior and rear), Structures in and rear),except 50%of required main home setback when facing except 50%of required main home setback when rear yard the water. facing the water. 5. Sec.142-106(b)(1) 5.If arty portion of the structure is above 12 feet(up to 20')- Two story setbacks interior side:=greater of interior side:=greater of 10'or the required side yard setback. 10'or the required side yard setback.Rear Rear setback:=15 feet,except when facing the water:=the setback:=15 feet,except when facing the water: greater of one-half the required main home setback or 15' =the greater of one-half the required main home setback or 15' Page 480 of 1576 . Exhibit B INTERIOR SIDE YARD t -• f- r - r L.-- 1 I Single story 9 . j r I garage-500 SF V 3' overhang 17overhang I d ----' iva II t Q 1 I 5' roof overhang I :' I -,1 484 10. `i -- a I—1 96 15 covered terrace I Q . Z -0 ---•-t 01 W I� CC . U- 10Jr r I 1 ' C ❑ ' , 'iV I r-----i 1 I ^ 415 r (<2%-Not:nd. I ' i Ii . 1 I I I i 271 I ' 1 ` r I i r I I 5-0" 5-0' INTERIOR SIDE YARD Lot Area-21,000 SF Unit Area = 5117(Interior) 24.37% 359(Outdoor Covered areas)•415-420(2%of Lot Area) 1.71 5476 SF 26.08% EXISTING REQUIREMENTS (Ground floor example only) �11 Unit Size - Existing MIAM I BEACH 1. Portions of covered terraces,breezeways and open porches exceeding 10'count in unit size. Planning Department-rtmenf 2. Covered terraces and porches in the rear yard which exceed 2%of lot area count as unit size. 9 P 3. Portions of covered balconies exceeding 6'count in unit size. Page 481 of 1576 Fcornary 2020 C,'y of M,.,Boom Ptarnr9 Department INTERIOR SIDE YARD r— I IQ ` Single story I- I 1 garage-500 SF I . i ,I 3' overhang • X17' overhang I - - - I -- - -- -' I 5' roof overhang I 48 6 ---- I I 1 1 Z 1 7 ! IX 15' covered terraceLI 1 'W fe U- --- i r --nom sI 0 71 la 1 -- - ( F__ ._n I I ;n i , i • I [ 271 1 i J ' X - --„1,- 5-0" 5-0" INTERIOR SIDE YARD Lot Area=21.000 SF Unit Area= 5117(anterior) 24 37 5117 SF 24.37% PROPOSED REQUIREMENTS (Ground floor example only) (-2)- Unit Size - Proposed M1 AM B E AC H 1. Unenclosed covered terraces, porches and breezeways do not count as unit size. Planning Department 2. Covered, unenclosed balconies do not count as unit size. Page 482 of 1576 .ei..a.y 1C2)G,:y o'Van dead,Pray-,3 Depa,..1 INTERIOR SIDE YARD r , Lot Coverage=30% Unit Size=50% I 1 — - 2nd floor= 70%of 1st { i floor(in this example) 1_I2-story 1-story Z I• I� O Q iw I 1-storyI 11[ �_.�� l 1 story! I. I \ i J STREET SIDE EXISITNG REQUIREMENTS- 2nd floor cannot exceed 70% of the volume of the first floor INTERIOR SIDE YARD r , Example 1 I i Lot Coverage=30% , --- -1------ I Unit Size=50% IT 2nd floor= 70%of 1st Hi °- o 2-story I floor(in this example) N C d C `k �Y " f ;I CC 0'6I—1l Q -0o !w it( -T3 � -ov 1-story =a 1, I I L1-sto-story ' I 1-Story f • •,i_____;;a °" _— ' o * 7othe 2nd floor a - :if be setback an cddltonal I \ to 5' from the required setback ____ .. J STREET SIDE PROPOSED REQUIREMENTS - 35% of the 2nd floor along the front and 50% along a street side elevation shall be setback a minimum of 5' from the minimum required setback (3J SECOND FLOOR REQUIREMENTS MI AM! BEACH The 70% limitation is replaced with the requirement for homes with a lot Planning Deportmen' coverage of 25%or greater having at least 35%of the second floor along the front and 50%along a street side set back a minimum of 5'from the minimum required setback Thir10 hnivf5f»r the DRB. ieo•wry 102G C,of wean,gpe_`oym'q Jeno"*`rr INTERIOR SIDE YARD --1 Lot Coverage r- 24.99%24.99% I I knit Size=49 98% I l I 2nd Floor=100%of 1st i. floor{in this example) I—Il i 0 I i 2-stay ' I Cr CC- { Iu1 ii CC I i I� ! I J STREET SIDE EXISITNG REQUIREMENTS- 2nd floor volume not limited, provided lot coverage <25% (No changes proposed to this requirement) INTERIOR SIDE YARD E 7 Example 2 I I Lot Coverage=26 6% 1 ll i Unit Size=49% ;1 ,x 2nd floor=90%of 1st I N a $ 2-story I floor(in this example) rx' ° I ova Q It11 vo cU 1I = I 1-story i I _.story 1 o 'v — I \ s� d o , 50Z of the 2nd f'aor snail • N - — ,f' be setbock on additional 5' from I `" the required setback. \ STREET SIDE PROPOSED REQUIREMENTS - 35% of the 2nd floor along the front and 50% along street side elevations shall be setback an additional 5' from the minimum required setback (.44444444, SECOND FLOOR REQUIREMENTS MI AM I B EAC H The 70% limitation is replaced with the requirement for homes with a tot Planning Department coverage of 25%or greater having at least 35%of the second floor along the front and 50%of the second floor along a street side must setback an additional 5' from the rnino 4udieri5sfback . This may be waived by the DRB. 00,,y 27:20 Gey 0.Y '.Beecn''"a^.ronp dew.Ter.. • INTERIOR SIDE YARD I K Ic' / 1 1 Single story I i i 239 I I I garage-500 SF ' • I 3' overhonq 4 --� ' ( 17' overhang X 120 I L__ J i I In 0 5' rootovenccng j, / 4846 ; 782 i k 15' covered terrace I Q Z I 150a X / Ce i I Ce W _ '--A I ' i ---- -? • --- : D a ; I n----1 .P [ 415 t . f ' ' (<2%-Not Ind. • [ f' • le r 271 1 I i p i i ' 5'-0" 5•-0" • INTERIOR SIDE YARD Lot Area=21,000 SF Lot Coverage= 5117(Interior) 24.37% 234(Outdoor Covered areas)-654-420(2%of Lot Area) 1.11 2406(courtyard) 11.46 7757 SF 36.94% EXISTING REQUIREMENTS C5J LOT COVERAGE - Existing MA M I BEACH 1.Internal court yards which are substantially enclosed on 3 or more sides count as lot coverage. Planning Deoart-nent 2.covered areas attached to the main home with a projection of 10'or less are not counted as lot coverage. 3.Covered areis4fkrimain home,with a projection of 10'or less,and FeCwary7020 Crr or AL,m.Beam Pian-n„ej Demi/env., _ not exceeding ,61e t rea are not counted as lot coverage. INTERIOR SIDE YARD I `5 , -,. .� r I 0 I ! ; Single story i 402 • I ,, I garage-500 SF i I 1 L 3' overhangI i 17' overhang] I ---AL ---- ; / ,r 1 12° • 0 I i. iil a 5' roof overhang r''r— --" I 4846 I 285 ZI i 85' / 15' covered terrace I Q •W XI l---+ Ice I ' I i i j t [ 281 o'er - -jam I i i 271 i t . 5-0• 5'-0" L J INTERIOR SIDE YARD Lot Area=21,000 SF Unit Size= 511 7(Interior) 24 37% 1063(Outdoor Covered areas) 5.06 120(courtyard) 0.57 a 6300 SF(30%) 30.0 /o PROPOSED REQUIREMENTS /� /� X66_) LOT COVERAGE - PROPOSED /� ( V l I/�t V 1 I B E AC H 1.Internal court yards which are substantially enclosed on 4 or more sides count as lot Planning Department coverage. 2.Eyebrows and roof overhangs exceeding 5 feet in depth count as lot coverage. Page 486 of 1576 reo'ary 2020 C 1r ai M.a,,Such Planrarg Depen" ',! Max= 30% of developable budding width Bldg. vial! beyond I,_, > ' Z Interior I Exterior I J 10 r IL Lud i �r a oi, ,, $L B'-0' ` 7'-6' y Min. Courtyard Depth Min. Sideyard Setback E B.F.E. + 5.0 v Flevabon of first haoitabe I: ) a w floor(Mtn.=BFE+t') I I 13.0' (Max Freeboard, r -\ ' :L: PI > w B.F.E. + 3.0 ,A, • i ; 11.0' (3' Freeboard) v \ I �I r a'`• Max courtyard elavatron= B.F.E. + 1.0 $m Max Srdeyard elevaton� ;I 90' (Nin Freeboard) ,Ne 7 I Max Sideyard Elev. 0 m 2 I 7.5' '01 Grade Elevation4 `_` 5.0' i i - 1 E L.._i I I--) EXISTING REQUIREMENTS- Typical Side yard Section INTERIOR SIDE YARD F • 7 I Building Setbacks -aI I 92 r I Q ca Z ; IX 01 I o Q � � I v E IW I IY I l 13 -15 r r Max add'i open spacel ji. ` _ req. =5%of lot area ! .3m 1 60' Mox 2-story side elevation Min add'.open space L 4—or 509. of lot depth (lesser of) req. = 1%of lot area INTERIOR SIDE YARD EXISTING REQUIREMENTS - Typical Site Plan OPEN SPACE REQUIRMENTS MIAMIBEAC H When additional open space is required along an interior side yard, such area: Planning Department 1. May not exceed the maximum permitted side yard elevation. 2. Shall have at 'east 75% of the open space landscaped. 3. Mechanitpoilns1?IO®ot permitted. Feo-.e,y 2C2_.t,a"!3T-Bee, 4.,,r^'g 7epan—e r'--No Maximum depth requirement ,C �y _______________ - K / > r// Bldg. wall beyond , _, interior Exterior Z ns I� 8-0' 7-6' >- k x Min. Courtyard Depth f Min. Sideyord Setback a to CIL r o I� L Max coJr;yard elevation=`.` 1 ? y r Elevation of first Habitable B.F.E. + 5.0 v > Elevation of first habitable r t 'f < m floor;M:n =BFE+1'l %`, floor ( 13.0' (Max Freeboard) ti, u \ ‘� I 1l > 3 l _ v t , B.F.E. + 3.0 u — —' 1 11.0' (3' Freeboard) a � Bi )-- . B.F.E. + 7.0 i 9.0' {Mtn freeboard) x L io Max Sideyard Elev. 2 co 7.5' r lo il 1 ..___iGrade Elevation i4 ( l 5.0 I L____, PROPOSED REQUIREMENTS- Typical Side yard Section INTERIOR SIDE YARD 1 Building Setoac<s v i I Cr 1 F-I CC i I �_ Z I --.--- I Q u_1 `3riV - ---_�, I w -.Si i r�fro Maximum r• I a, ---- i A'1 _+- ' -- -, ; or 2 . I 1 t z, I i OD t 50• Vox 2-story side elevation Min add"open space I L -A`—or 50% of lot depth (lesser of) 'r — req. = 1%of lot area INTERIOR SIDE YARD _ T PROPOSED REQUIREMENTS - Typical Site Plan f� /� n /� f 'C -\ OPEN SPACE REQUIRMENTS MY l I AM V l I BEACH When additional open space is required along an interior side yard, such area: Planning Department 1. May.not exceed elevation of the first habitable floor. 2. Shall have at least 54a/o of the open space landscaped. 3. Mechanicpl e6ftimrmitted. `'wr...)y 2() C',y Vier 9.c-?.nrvn97eno-,eM