2004-3437 Ordinance
ORDINANCE NO. 2004-3437
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 142, "ZONING DISTRICTS AND
REGULATIONS", ARTICLE IV, "SUPPLEMENTAL YARD
REGULATIONS", DIVISION 4, "ALLOWABLE
ENCROACHMENTS", BY AMENDING SECTION 142-1132
TO ESTABLISH REVISED STANDARDS FOR THE
INSTALLATION OF FENCES IN RESIDENTIAL
DISTRICTS; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly define the
requirements ofthe Land Development Regulations ofthe Code ofthe City of Miami Beach as they
pertain to supplemental regulations in the City's Historic Districts; and
WHEREAS, the City of Miami Beach has adopted regulations pertaining to the installation
of fences; and,
WHEREAS, The City of Miami Beach desires to refine, clarify, expand and enhance
existing procedures and requirements for the installation of fences within historic districts in order to
ensure that the scale, context and character of the City's local historic districts is retained and
preserved; and,
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 142, "Zoning Districts and Regulations", Article N, "Supplemental
Yard Regulations", Division 4, "Allowable Encroachments" ofthe Land Development Regulations
ofthe Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 142-1132. Fences.
(h) Fences, walls, and gates. Regulations pertaining to materials and heights for fences, walls and
gates are as follows:
(1) All districts except 1-1 :
a. Within the required front yard, fences, walls and gates shall not exceed five feet. 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. For
properties zoned multi - family and located within a locally designated historic district or site. fences
shall be subiect 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 feet,
except when such yard abuts a public right-of-way, waterway or golf course, the maximum height
shall not exceed five feet.
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.
d. Chainlink 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. Chainlink fences may be erected to surround vacant lots or vacant buildings to minimize the
possibility ofthe property becoming a dumping area. Such fence shall be permitted on a temporary
basis for a period not to exceed one year and subject to its removal prior to the issuance of a
certificate of use or a certificate of occupancy for a main permitted use on the property. In the
architectural district, such a fence shall be vinyl coated.
f. Barbed wire or materials of similar character shall be prohibited.
g. Vacant lots in the CD-I, CD-2, CD-3, C-PSl, C-PS2, C-PS3, C-PS4, RM-l, RM-2, RM-3,
R-PSl, R-PS2, R-PS3, R-PS4, RM-PSl, and MXE districts must be secured against motor vehicle
entry at all entry points by a chain, hedge, fence, or other such material approved by the planning and
zoning director.
(2) In I-I light industrial districts, within the front, rear or side yard a fence shall not exceed
seven feet, excluding barbed wire or materials of similar character. Barbed wire or materials of
similar character shall be elevated seven feet above grade and be angled towards the interior ofthe
lot. The combined height of a wall or fence plus barbed wire or materials of similar character shall
not exceed nine feet. Vacant lots in the I-I district must be secured against motor vehicle entry at all
entry points by a chain, hedge, fence or other such material approved by the planning and zoning
director.
(3) For government facilities in GU and CCC districts, a fence surrounding the property may be
located on the property line, not to exceed six feet in height. The height may be increased up to a
maximum total height of eight feet ifthe fence is set back one foot from the property line, subject to
design review approval; fence(s) shall be constructed in a manner such that there is substantial
visibility through the fence.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions ofthis ordinance shall become and be made part ofthe
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
2
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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 17th day of
2004.
~r~t<<~
TY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
19~
CIty ttomey,1l(-
Lj- 2-1- 07
Date
First Reading:
Second Reading:
Verified by:
Underscore denotes new language
4/21/2004
T:IAGENDA\2004\FEB0404\REGULAR\FENCES-ORD.DOC
3
CllY OF MIAMI BEACH
COI\II\IIISSION ITEM SUMMARY
m
Condensed Title:
An Ordinance establishing revised standards for the installation of fences on properties in multi-family
residential zoning districts, which are located within historic districts.
Issue:
Codifying appropriateness review procedures for fences in multi-family zoning districts, located within
historic districts, in order to evaluate the location of fences within front yards to assure adequate buffering
from the sidewalk.
Item Summary/Recommendation:
The Administration recommends approving the Ordinance on Second Reading.
Adviso Board Recommendation:
The subject Ordinance was reviewed by the Historic Preservation Board on August 12, 2003 and
by the Land Use and Development Committee on May 9, 2003; the Planning Board transmitted the
Ordinance with a favorable recommendation on September 30,2003. The City Commission approved the
sub'ect Ordinance on First Readin on Februa 25,2004.
Financial Information:
Source of
Funds:
D
Finance Dept.
Ci Clerk's Office Le islative Trackin
Jorge Gomez or Tom Mooney
T:\AGENDA\2004\Mar1704\Regular\FENCES-SUMMARY.doc
AGENDA ITEM
DATE
R~C.
3 -/7-0 l(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \ "-- r"
City Manager 0 ,rO
Fences
Date: March 17,2004
To:
Subject:
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 142, "ZONING DISTRICTS AND REGULATIONS",
ARTICLE IV, "SUPPLEMENTAL YARD REGULATIONS", DIVISION 4,
"ALLOWABLE ENCROACHMENTS", BY AMENDING SECTION 142-1132
TO ESTABLISH REVISED STANDARDS FOR THE INSTALLATION OF
FENCES IN MULTI-FAMILY RESIDENTIAL DISTRICTS; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Ordinance on Second Reading.
ANALYSIS
Currently, the City Code requires Certificate of Appropriateness review for new fences
located within a locally designated historic district or site; such review is based upon the
applicable Certificate of Appropriateness review criteria in the City Code (See Attached
Exhibit "A"). Upon review of new applications for perimeter fences, Planning Department
Staff apply the attached criteria in order to determine an appropriate setback for a fence.
In some instance a 2' - 4' setback from the sidewalk is required, in order to provide an
adequate buffer between the fence and the sidewalk. In other instances, a fence may be
permitted to be installed along a property line fronting a sidewalk, ifthe building is located
close to the property line and if adequate landscape is placed behind the proposed fence.
The proposed Ordinance clarifies this existing procedure, in order to assure compatibility
with the existing streetscape and sidewalk.
The Historic Preservation Board reviewed the proposed ordinance on August 12, 2003 and
recommended its approval and the Land Use and Development Committee reviewed the
proposed ordinance on May 9, 2003 and also recommended its approval. On September
30,2003 the Planning Board voted to transmit the proposed Ordinance Amendment to the
City Commission with a favorable recommendation. The City Commission approved the
subject Ordinance on First Reading on February 25, 2004.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the proposed
Ordinance Amendment.
Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall
be necessary in order to enact any amendments to the Land Development Regulations.
JMG/C~GGITRM
T:\AGENDA\2004\Mar1704\Regular\FENCES-MEMO.doc
EXHIBIT "A"
Certificate of Appropriateness Review Criteria Applicable to Fences
1. Evaluation of the compatibility of the physical alteration or improvement with surrounding
properties.
2. In determining whether a particular application is compatible with surrounding properties the
general design, scale, massing and arrangement of the proposed improvement, as well as the
relationship of the size, design and siting of the improvement, to the landscape of the district.
3. The examination of architectural drawings for consistency with the criteria stated below, with
regard to the aesthetics, appearances, safety, and function of any new or existing structure,
public interior space and physical attributes of the project in relation to the site, adjacent
structures and properties, and surrounding community. The historic preservation board and
planning department shall review plans based upon the below stated criteria and
recommendations of the planning department may include, but not be limited to, comments
from the building department. The criteria referenced above are as follows:
a. The location of all existing and proposed buildings, drives, parking spaces, walkways,
means of ingress and egress, drainage facilities, utility services, landscaping structures,
signs, and lighting and screening devices.
b. The color, design, surface finishes and selection of landscape materials and
architectural elements of the exterior of all buildings and structures and primary public
interior areas for developments requiring a building permit in areas of the city identified
in section 118-503.
c. The proposed structure, and/or additions to an existing structure is appropriate to and
compatible with the environment and adjacent structures, and enhances the
appearance of the surrounding properties, or the purposes for which the district was
created.
~
..
FENCES
ORDINANCE NO.
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 142, "ZONING DISTRICTS AND
REGULATIONS", ARTICLE IV, "SUPPLEMENTAL YARD
REGULATIONS", DIVISION 4, "ALLOWA>>LE
ENCROACHMENTS", BY AMENDING SECTION 142-1132
TO ESTABLISH REVISED STANDARDS FOR THE
INSTALLATION OF FENCES IN MULTI-FAMILY
RESIDENTIAL DISTRICTS; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly define the
requirements of the Land Development Regulations of the Code of the City of Miami Beach as they
pertain to supplemental regulations in the City's Historic Districts; and
WHEREAS, the City of Miami Beach has adopted regulations pertaining to the installation
of fences; and,
WHEREAS, The City of Miami Beach desires to refme, clarify, expand and enhance
existing procedures and requirements for the installation of fences within historic districts in order to
ensure that the scale, context and character of the City's local historic districts is retained and
preserved; and,
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 142, "Zoning Districts and Regulations", Article N, "Supplemental
Yard Regulations", Division 4, "Allowable Encroachments" of the Land Development Regulations
of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 142-1132. Fences.
(h) Fences, walls, and gates. Regulations pertaining to materials and heights for fences, walls and
gates are as follows:
(1) All districts except I-I:
a. Within the required front yard, fences, walls and gates shall not exceed five feet. 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. For
properties zoned multi-familv and located within a locallv designated historic district or site. fences
shall be subiect 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 feet,
except when such yard abuts a public right-of-way, waterway or golf course, the maximum height
shall not exceed five feet.
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.
d. Chainlink 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. Chainlink fences may be erected to surround vacant lots or vacant buildings to minimize the
possibility of the property becoming a dumping area. Such fence shall be permitted on a temporary
basis for a period not to exceed one year and subject to its removal prior to the issuance of a
certificate of use or a certificate of occupancy for a main permitted use on the property. In the
architectural district, such a fence shall be vinyl coated.
f Barbed wire or materials of similar character shall be prohibited.
g. Vacant lots in the CD-I, CD-2, CD-3, C-PSl, C-PS2, C-PS3, C-PS4, RM-l, RM-2, RM-3,
R-PSl, R-PS2, R-PS3, R-PS4, RM-PSl, andMXEdistricts must be secured against motorvehic1e
entry at all entry points by a chain, hedge, fence, or other such material approved by the planning and
zoning director.
(2) In I-I light industrial districts, within the front, rear or side yard a fence shall not exceed
seven feet, excluding barbed wire or materials of similar character. Barbed wire or materials of
similar character shall be elevated seven feet above grade and be angled towards the interior of the
lot. The combined height of a wall or fence plus barbed wire or materials of similar character shall
not exceed nine feet. Vacant lots in the I-I district must be secured against motor vehicle entry at all
entry points by a chain, hedge, fence or other such material approved by the planning and zoning
director.
(3) For government facilities in GU and CCC districts, a fence surrounding the property may be
located on the property line, not to exceed six feet in height. The height may be increased up to a
maximum total height of eight feet if the fence is set back one foot from the property line, subject to
design review approval; fence(s) shall be constructed in a manner such that there is substantial
visibility through the fence.
SECI'ION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
2
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABU,ITY.
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 _ day of
.2003.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
/},f j ./hfH.lLf -
iI~
J- ~7-OY
Date
First Reading:
Second Reading:
Verified by:
Jorge G. Gomez, AICP
Planning Director
Underscore denotes new language
01/09/2004
T:\AGENDAI2OO4IFEB0404\REGULARIFENCES-ORD.DOC
3
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
lQ
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City
Commission of the C,ty of Miami Beach, Florida, In the Commission Chambers, 3rd
floor, City Hall, 1700 Convention Center Drive, Miami Beach. Florida. on
~ednesday, March 17, 2004, all0:3O a.m., to consider tha following:
all0:45 a.m.:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES,"
ARTICLE II, "BOARDS," DIVISION 5, "BOARD OF ADJUSTMENT,"SECTION 118-
131. "MEMBERSHIP," AMENDING THE MEMBERSHIP OF THE BOARD OF
ADJUSTMENT TO CONFORM TO THE RECENTLY ADOPTED CHARTER
AMENDMENT EXPANDING THE BOARD FROM FIVE TO SEVEN REGULAR
VOTING MEMBERS AND REMOVING EX-OFFICIO MEMBERS FROM THE
BOARD: AND SECTION 118-136, "POWERS AND DUTIES," AMENDING THE
VOTING REQUIREMENT TO APPROVE MATTERS COMING BEFORE THE BOARD
FROM 4/5 TO Sfl: PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE .
all1:00 a.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE 1\1, "SUPPlEMENTAL YARD
REGULATIONS," DIVISION 4, "AUOWABLE ENCROACHMENTS," BY AMENDING
SECTION 1 42-1132 TO ESTABLISH REVISED STANDARDS FOR THE
INSTALLATION OF FENCES IN MULTI-FAMILY RESIDENTIAL' DISTRICTS;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
-x
InqUiries may be directed to the Planning Department at (305)873-rS50.
INTERESTED PARTIES are invited to appear at this meeting. or be repFllSllllted ~
an agent. or to express their views in writing addressed to the City Commission, cI
o the City Cieri<, 1700 Convention Centar Drive, 1 st Floor, City Hall, Miami 1Ie8ch.
Florida 33139. Copies of this ordinance are available for public ins~ during
normal business hours in the City Clerk's Office, 1700 Convention Center DrlIIll, 1.
Floor, City Hall, Miami Baach, Florida 33139. This meeting may be continued and
under such circumstances additional legal notice would not be provided.
Robart E. Parcher, City CJerk
City of Miami Baach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises lhe public that: If
a person decidas to appeal any decision .made by the City Commlsaion with
respect to any matter considered at its meeting or its hearing, such person must
ensure thai a verbatim record of tha proceedings is made, which record includes
the testimony and evidenca upon which the appeal is to be baaed. This notice
does not constitute consent by tha City for the introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize chatlenges or
. appeals not otherwise allowed by iaw.
To request this material in accessible format, sign language Interpreters,
infonnation on access for persons with disabilities, and/or any accommodatkxl to
review any document or participata in any city-sponsored proceeding, please
contact 305-804-2489 (voice), 305-873-7218(TTY) fiva days in advance to Initiate
your requast. TTY users may also call 711 (Florida Relay Servica).
Ad #250
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