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Ordinance 2021-4400 Pre-1942 Single-Family Fence Height Modifications ORDINANCE NO. 2021-4400 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 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 142-106, ENTITLED "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY DETACHED DWELLING," TO MODIFY FENCE REQUIREMENTS; 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, Section 142-106 of the Land Development Regulations permits certain encroachments—including fences, walls, and gates—within required yards for single-family homes; and WHEREAS, currently, within required rear or side yards, the maximum height of fences, walls, and gates is measured from grade; and WHEREAS, the Mayor and City Commission now wish to amend Section 142-106 to provide that, for properties containing a pre-1942 architecturally significant home, where an existing required rear or side yard is located at least 12 inches above grade, the overall height of fences, walls, and gates may be measured from the elevation of existing yards; 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 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 1 Sec. 142-106. Setback requirements for a single-family detached dwelling. * * * (b) Allowable encroachments within required yards. (7) Fences, walls, and gates. Regulations pertaining to materials and heights for fences, walls and gates are as follows: a. Front yard. 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 feet of setback. b. Rear and side yards. Within the required rear or side yard, fences, walls and gates shall not exceed seven 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 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 feet in height consists of open pickets with a minimum spacing of three inches, unless otherwise approved by the design review board or historic preservation board, as applicable. Pre-1942 exemption. Notwithstanding the provisions of this subsection (b)(7)(b), for properties containing a pre-1942 architecturally significant home, where a substantial portion of the existing rear yard and/or side yard is located at least 12 inches above grade, the overall height of fences, walls and gates may be measured from the elevation of the existing yard, provided that the portion of such fences, walls or gates above four feet in height consists of open pickets with a minimum spacing of three inches, unless otherwise approved by the design review board or historic preservation board, as applicable. c. Materials. 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. d. Chain link fence prohibition. 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. e. Other materials prohibited. Barbed wire or materials of similar character shall be prohibited. • * * * 2 SECTION 2. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 3. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended;that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this I" day of Fe6rlia , 2021. Dan Gelber, Mayor IfdlOOa TED' ATTEST: �,�,�.., r�,..•;;�= APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION (1-0- Rafa E. Granado, City Jerk (2-31 -"LP City Attorney � 1 Date First Reading: January 13, 2021 Second Reading: February 10,,,,20 1 1 Verified By: Thomas R. oon- , AICP Planning Director T:Wgenda\2021\1_January 13\Planning\Pre-1942 SF Fence Heights-First Reading ORD.docx 3 Ordinances - R5 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, Interim City Manager DATE: February 10, 2021 10:10 a.m. Second Reading Public Hearing SUBJECT: PRE-1942 SINGLE-FAMILY FENCE HEIGHT MODIFICATIONS 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 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 142-106, ENTITLED "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY DETACHED DWELLING," TO MODIFY FENCE REQUIREMENTS; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject Ordinance. BACKGROUND/HISTORY On October 14, 2020, at the request of Commissioner Micky Steinberg, the City Commission referred the proposed Ordinance to the Land Use and Sustainability Committee (LUSC) and the Planning Board by (item C4I). On November 24, 2020, the LUSC recommended that the City Commission approve the Ordinance. ANALYSIS PLANNING ANALYSIS Pursuant to Sec. 114-1 of the Land Development Regulations (LDR's)grade is the elevation of the abutting sidewalk, at the center of a property. Additionally, adjusted grade is defined as follows: Grade, adjusted means the midpoint elevation between grade and the minimum required flood elevation fora lot or lots. As an example, if sidewalk grade is at 4 feet and minimum flood elevation is at 8 feet, the adjust grade of the yard of the property may be raised to 6 feet. Adjusted grade is primarily applicable to new construction, as most older homes in the City were built below current minimum flood Page 583 of 1252 elevation. Recently, the City code was amended to allow single family properties where the required yard is elevated to adjusted grade, to measure the height of fences, walls and gates from adjusted grade along a side or rear yard. The code also requires that the portion of fences or walls located above 4 feet in height from adjusted grade consist of open pickets. In all other instances, walls and gates are measured from grade, which is typically the sidewalk elevation at the front of the property. There have been instances where a pre-1942 architecturally significant home has a very low sidewalk (grade) elevation; and a rear yard that has been elevated above grade, for example as part of a pool deck construction. The proposed amendment would apply only to existing pre- 1942 architecturally significant homes, where a substantial portion of the existing rear yard and/or side yard is located at least 12 inches above grade. Specifically, pre-1942 homes with this condition would be able to measure the overall height of fences, walls and gates from the yard elevation along a side or rear yard, including a side yard facing a street. The proposed modification is intended to address privacy concerns related to unique circumstances where there is an elevated side and rear yard on the lot of an architecturally significant single-family home constructed prior to 1942. I n these instances, it may not be feasible to modify the existing yard and raise it to adjusted grade, in order to create a buffer area adjacent to the property line and provide the ability to construct a higher fence along the property line. PLANNING BOARD REVIEW On December 14, 2020 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. UPDATE The subject Ordinance was approved at First Reading on January 13, 2021, with no changes. SUPPORTING SURVEY DATA N/A CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. Applicable 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 Planning Page 584 of 1252 Sponsor Commissioner Micky Steinberg ATTACHMENTS: Description o Ordinance Page 585 of 1252