Ordinance 2024-4583 Fencing Requirements for Vacant and Abandoned Lots
Second.:Reading-Amended andAdopted
ORDINANCE NOi 2024-4583
AN ORDINANCE OF THE'MAYOR AND CITY COMMISSION'OF
THE CITY OF MIAMI BEACH, FLORIDA,AMENDING THE MIAMI
BEACH RESILIENCY CODE, AT CHAPTER 7, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," ARTICLE 5,
"SUPPLEMENTARY DISTRICT REGULATIONS," SECTION
7.5.1, "GENERALLY (SUPPLEMENTARY DISTRICT
REGULATIONS)," SECTION 7.5,1.6, ENTITLED "VACANT AND
ABANDONED PROPERTIES AND CONSTRUCTION SITES,"BY
AMENDING AND EXPANDING EXISTING REGULATIONS.FOR
MINIMUM FENCE AND. SCREENING REQUIREMENTS; AND
PROVIDING FOR CODIFICATION; REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS,the City Commission desires to amend and:enhance the current requirements
in the City Code pertaining;to securing vacant lots and abandoned buildings; and
WHEREAS, a vacant lot that is not secured can become a dumping ground and/or public
nuisance, the impacts of which can be difficult to control; and
WHEREAS, absent appropriate regulations, fences surrounding vacant lots and
construction sites can negatively impact the visual character of neighborhoods and quality of life
for surrounding residents and businesses;,and
WHEREAS,the City of,Miami.Beach("City")desires to strengthen the City's standards for
construction:fences and fences surrounding vacant/abandoned properties;and
WHEREAS, the regulations set forth herein will promote the general health, safety and
welfare of the residents of the City; 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. Chapter 7 of the Miami Beach Resiliency Code, entitled "Zoning Districts and
Regulations," is hereby amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE 5.—SUPPLEMENTARY'DISTRICT REGULATIONS
* * *
7.5.1 GENERALLY(SUPPLEMENTARY DISTRICT REGULATIONS)
7.5.1.6 Vacant and abandoned properties and construction sites.
a. Vacant and abandoned properties in all districts. The following minimum fence requirements
shall apply to all vacant lots,,lots containing a structure that is subject to a permit that has been
abandoned or that has expired (for more than 90 days_in single-family districts and for more than
30 days in all other applicable districts)and which structure is unfit for human habitation, and lots
containing buildings unfit for human habitation.
i.Applicability. With:the exception of city owned properties ,fencing
shall be required for all vacant and abandoned lots,. as identified more specifically in.
subsection Lel above.
ii.Height. The height of all fences identified in subsection(a)above shall
be measured from the yard elevation where the fence is installed. The minimum height
requirement for fences in single-family districts shall be 4 feet and,however,the maximum
height in single-family districts shall not exceed 7 feet, except for those portions of a lot
that face a waterway, in:which case the maximum height shall be 5 feet. In all other zoning
districts, a minimum 7-foot high fence shall be constructed along all property lines,except
those facing a waterway, in which case the minimum and maximum height shall be 5 feet.
Outside of single-family districts, the planning director may approve a fence height not to
exceed 10 feet in height, if the.property owner can substantiate that the fence would
address security-or trespassing issues on the property. If a property contains a building
that is set back less than'5 feet from a property line, or there is an existing CBS wall that
is at least 5 feet in height, the planning director, or designee, may waive the minimum
fence requirements along those property lines, provided that the property is secure from
trespassing. In the event that an abutting property has an existing fence along an interior
side and/or rear property line, and such fence provides adequate securing of the property,
the planning director, or designee, may waive the requirement for a fence along such
property lines. Within single family,townhome, and all other residential districts,the fence
shall be set'back 4 feet from front and side street property lines.
iii. Materials. Along all property
lines,including all required front yards,interior side yards,side street yards,and rear yards
feeing,a-street-GF-watefway, an aluminum picket fence . With
shall be required:
water€rent.
iv: Construction requirements. All fences required herein shall be of permanent-quality
construction, including concrete foundations.
v. Access. Wherever there is a driveway approach to enter a lot, vehicular access onto
the lot shall be required for maintenance purposes, with a locked gate.
vi. Site conditions,and landscape. The entire site shall be raised to sidewalk grade and
sodded, in a.manner to be approved by the Planning Director. Additionally, 'fie
a landscape plan that includes shrubs and
palm trees shall be required, subject to the approval of the Planning Director, and such
landscape plan shall allow unimpeded visibility into the site at all times. All landscaping
required herein shall be installed and maintained as required by the permit and the city's
landscaping code, until such time as new construction is authorized and commences.
vii. Minimum lighting for croperfies'with a lot area greater than nn 000 square feet and
located in multi-famil residentia or commercial districts, perimeter I'•htin.• shall be
required in a manner consistent with all aoolicahle city and State regulations
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 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 3/ day 3141 r6 , 2024,
• •
Steven Meiner, Mayor
ATTEST. FEB 1 2 2024
APPROVED AS TO
FORM AND LANGUAGE
Rafael . Granada, City Clerk & FOR EXECUTION
First Reading: December 13, 2023 City Attorney O Date
Second Reading: January 31, 2024
Double Underscore notes Ian ua ad ed for Second Reading she,.,
notes la ua leted at Second Reading ••
CORP OitAtEO
Verified By: y• �''
•
Thomas R. Mooney, CP ",,,,CH 2�.
Planning Director
'"'"""�
T:Wgenda12024\1 January 20241PIanning\Fencing Requirements Vacant and Abandoned Lots-Second Reading ORD
ADOPTED.docx
Ordinances R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: January 31, 2024
10:40 a.m. Second Reading Public Hearing
SUBJECT: FENCING REQUIREMENTS FOR VACANT AND ABANDONED LOTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
RESILIENCY CODE, AT CHAPTER 7, ENTITLED "ZONING DISTRICTS
AND REGULATIONS," ARTICLE 5, "SUPPLEMENTARY DISTRICT
REGULATIONS," SECTION 7.5.1, "GENERALLY (SUPPLEMENTARY
DISTRICT REGULATIONS)," SECTION 7.5.1.6, ENTITLED "VACANT AND
ABANDONED PROPERTIES AND CONSTRUCTION SITES," BY
AMENDING AND EXPANDING EXISTING REGULATIONS FOR MINIMUM
FENCE AND SCREENING REQUIREMENTS; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On November 16, 2022, at the request of Commissioner Kristen Rosen Gonzalez, the City
Commission referred a discussion (C4 AE) pertaining to minimum fencing requirements on
vacant lots to the Land Use and Sustainability Committee (LUSC). On May 10, 2023, the LUSC
recommended that the City Commission refer an ordinance amendment to the Planning Board
based on the options identified in the'LUSC memo.
On June 28, 2023, the City Commission referred the proposed ordinance to the Planning
Board (Item C4 J).
The City Code currently requires fencing for vacant and abandoned lots pursuant to the
regulations set forth in the Land Development Regulations (LDRs) of the City Code. These
regulations govern size (i.e., height), materials, location, construction requirements, and access.
ANALYSIS
The following is a summary of current code requirements for securing and fencing vacant and
abandoned properties, as well as the proposed amendments in the draft ordinance provided for
First Reading:
Page 1081 of 2002
Current Code Requirements:
• Height. There is no minimum height requirement for fences in single-family districts (maximum
height of 7 feet and 5 feet along the water side). In all other districts the minimum and maximum
fence height is 7 feet, except for portions of a site fronting a waterway, in which case the
maximum height is 5 feet. If a property contains a building that is setback less than 5 feet from a
property line, or there is an existing concrete block structure (CBS) wall that is at least 5 feet in
height, the planning director, or designee, may waive the minimum fence requirements along
those property lines, provided that the property is secure from trespassing. In the event that an
abutting property has an existing fence along an interior side and/or rear property line, and such
fence provides adequate securing of the property, the planning director, or designee, may waive
the requirement for a fence along such property lines. Within single family, townhome, and all
other residential districts, the fence shall be set back 4 feet from front and side street property
lines.
• Materials. Along the front, street side and any waterway portions of the property line (including
all required front yards, side street yards, and rear yards facing a street or waterway, an
aluminum picket fence is required.Along interior property lines, as well as rear property lines not
facing a waterway or street, black or green vinyl coated chain-link fencing, of permanent-quality
construction, may be permitted, provided such fencing is not located within a required front yard,
street side yard, or rear yard facing a waterfront.
• Construction requirements.All fences must be of permanent-quality construction.
• Access. Wherever there is a driveway approach to enter a lot, vehicular access onto the lot
shall be required for maintenance purposes, with a locked gate.
Proposed Modified and Additional Requirements:
•Applicability. Clarify minimum fencing requirements are applicable to vacant lots in single family
districts.
• Height. Clarify that overall height is measured from the yard elevation on which the fence is
located. In single family districts, a new minimum height requirement of 4 feet would be
established, with a maximum height of 7 feet, except for those sides of the property facing a
waterway, in which case the maximum height would be 5 feet. In all other zoning districts, a
minimum and maximum 7-foot-high fence would be required along all property lines, except
those facing a waterway,in which case the minimum and maximum height shall be 5 feet.
• Height Exception. For non-single-family districts, the planning director may approve a fence
height not to exceed 10 feet in height along all sides of the property if the property owner can
substantiate security and trespassing issues.
• Materials.Along all property lines, including all required yards, an aluminum picket fence would
be required. There would no longer be an option for a vinyl coated chain link fence along interior
side and non-waterfront rear yards.
• Site conditions and landscape. The entire site shall be raised to sidewalk grade and sodded, in
a manner to be approved by the Planning Director. Additionally, a landscape plan that includes
shrubs and palm trees shall be required, subject to the approval of the Planning Director. Such
landscape plan shall always allow unimpeded visibility into the site. All landscaping required
Page 1082 of 2002
herein shall be installed and maintained as required by the permit and the city's landscaping
code, until such time as new construction is authorized and commences.
Aluminum picket is considered the gold standard for perimeter fencing, as it allows for a high
level of visibility into the vacant site and consists of a very high quality and durable material.
Additionally, the proposed minimum landscape and site requirements will help address any long-
term drainage and water retention issues, as well as improve the aesthetics of the vacant site.
PLANNING BOARD REVIEW
On July 25, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (5-2). The Planning Board
also recommended the following modifications:
1. Removal of the mandatory requirement for aluminum picket fencing on all sides of a vacant
lot.
2. Removal of the mandatory requirement for a landscape plan that includes shrubs and palm
trees, including the requirement that required landscape be installed and maintained as required
by the permit and the city's landscaping code, until such time as new construction is authorized
and commences.
The above noted recommendations were not included in the draft ordinance for First Reading.
The Administration does not recommend either of the proposed modifications as they would
result in a lesser degree of fencing and aesthetics for vacant lots.
UPDATE
The subject ordinance was approved at First Reading on December 13, 2023, subject to the
inclusion of the following modifications:
1. Exceptions to the fence material and landscape requirements for properties located in single-
family districts, as proposed more specifically in the proposed amendment from Commissioner
Tanya K. Bhatt.
2. A requirement for lighting on commercial and multi-family properties meeting specified
criteria.
3. The threshold for lots containing a structure that is subject to a permit that has been
abandoned or expired has been increased from 30 days to 90 days in single-family districts.
All the above noted modifications are included in the revised ordinance for Second Reading.
Additionally, an exceptions provision for city owned lots has been incorporated into the revised
ordinance for Second Reading, to address the future potential cost burdens associated with
fencing and landscaping associated with public property. This exception provision is minor in
scope and does not affect the title of the ordinance.
BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to
assess whether a Business Impact Estimate is required for the subject ordinance. As noted in
the attached, a Business Impact Estimate is not required for the subject ordinance as it
Page 1083 of 2002
•
implements an amendment to the Land Development Regulations.
LOBBYIST DISCLOSURE
In accordance with Resolution 2023-32857, adopted by the City Commission on December 13,
2023, the following information has been requested from the primary item sponsor as it relates
to the subject ordinance amendment:
1. Was the Agenda Item initially'requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
2. If so, specify name of lobbyist(s)and principal(s): Not Applicable
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
No Fiscal Impact Expected
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
Sponsor
Vice-Mayor Kristen Rosen Gonzalez and Co-sponsored by Commissioner Tanya K. Bhatt
ATTACHMENTS:
Description
o BIE Statement (Published on 1/11/2024)
o Ordinance
Page 1084 of 2002
MAM I BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Aline T. Hudak, City Manager 4Or
MEETING DATE: January 31, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
FENCING REQUIREMENTS FOR VACANT AND ABANDONED LOTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY
CODE, AT CHAPTER 7, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE 5, "SUPPLEMENTARY DISTRICT
REGULATIONS," SECTION 7.5.1, "GENERALLY (SUPPLEMENTARY
DISTRICT REGULATIONS)," SECTION 7.5.1.6, ENTITLED "VACANT AND
ABANDONED PROPERTIES AND CONSTRUCTION SITES," BY AMENDING
AND EXPANDING EXISTING REGULATIONS FOR MINIMUM FENCE AND
SCREENING REQUIREMENTS; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
D Yes X No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
❑ The proposed Ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed Ordinance relates to the issuance or refinancing of debt;
O The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
❑ The proposed Ordinance is an emergency ordinance;
❑ The Ordinance relates to procurement; or
® The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
Page 1085 of 2002
January 31, 2024
Page 2
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Page 1086 of 2002
January 31, 2024
Page 3
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a)An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible; and
(c)An estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
Not Applicable
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
Not Applicable
4. Additional comments:
Page 1087 of 2002