2001-3307 ORD
ORDINANCE NO.
2001-3307
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, FLORIDA, AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4,
"SUPPLEMENTARY YARD REGULATIONS," SECTION 142-1132,
"ALLOWABLE ENCROACHMENTS," SUBSECTION (h), "FENCES,
WALLS, AND GATES," TO MODIFY THE HEIGHT AND
SETBACKS FOR FENCES SURROUNDING PUBLIC FACILITIES IN
GU AND CCC DISTRICTS, PROVIDING FOR INCLUSION IN THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Code of the City of Miami Beach provides in its Land Development
Regulations for supplementary yard regulations, which have been determined applicable to
government facilities in the GU and CCC districts; and
WHEREAS, the Administration has reviewed the existing regulations and
recommends their amendment to allow for new fence design and placement when
surrounding public parks and other public facilities in the GU and CCC districts; and
WHEREAS, the new fence design and placement will enhance the aesthetics of the
City's public parks and other public facilities and increase the space available for public
activities within existing and future public properties; and
WHEREAS, the amendment contained in this ordinance accomplishes the purpose
set forth above,
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 142-1132, in the Land Development Regulations of the City
Code, be amended as follows:
Sec. 142-1132. Allowable encroachments.
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*
*
(h) Fences, walls, and gates. Regulations pertaining to materials and heights for fences,
walls and gates are as follows:
(1) An districts except I-I:
a. Within the required front yard, fences, wans and gates shan 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.
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-PSI, C-PS2, C-PS3, C-PS4, RM-I,
RM-2, RM-3, R-PSI, R-PS2, R-PS3, R-PS4, RM-PSI, 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 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.
ill For l!ovemment facilities in GU and ece districts a fence surroundinl! the pronertv
may be located on the pronertv line not to exceed six feet in heil!ht. The heil!ht may
be increased up to a maximum total height of eight feet ifthe fence is set back one
foot from the propertY line subiect to desil!n review approval: fencers) shall be
constructed in a manner such that there is substantial visibility throul!h the fence.
2
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH. FLORIDA.
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 ofthe 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 6th day of June
4/
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CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~py
ity Attorney
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Date
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NOTICE IS HEREBY given thai public hearings wm be held by the Mayor and City Commission of
the City of Miami Beach. Rorida. in the Commission Chambers, 3rd Roor, City Hall, 1700
Convention Center Drive, Miami Beach. Rorida, on Wednesday, June 6, 2001, at the times listed
below, to consider the adoption of the following ordinances: . .
at 10:45 a.m.: ~
AN ORDINANCEAMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142,"ZONING DISTRICTS
AND REGULATiONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION
4, "SUPPLEMENTARY YARD REGULATIONS," SECTION 142-1132. "AlLOWABLE
ENCROACHMENTS," SUBSECTION (H), "FENCES. WAlLS, AND GATES," TO MODIFY THE
HEIGHT AND SETBACKS FOR FENCES SURROUNDING-PUBLlC FACILITIES IN GU AND
cee DiSTRICTS, PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA; REPEALER; SEVERABILITY: AND AN EFFECTIVE DATE.
at 10:50 a.m.: _ c- .
AN ORDINANCE AMENDING CHAPTER 110 OF THE MIAMI BEACH CITY CODEENT1TlED
"UTILITIES", AMENDING SUBSECTION 110-16El, ENTITLED "SCHEDULE OF WATER RATES
AND TAPPING CHARGES" BY ADDING TO SUBSECTION 110-16El (C) THEREOF THE
OPTION OF "BUDGET BILLING" OF OWNERS OR CONSUMERS OF WATER AND SEWER p;r
SINGLE-FAMILY RESIDENCES; PROVIDING FOR REPEALER, SEVERABiliTY,
CODIRCATlON, AND AN EFFECTIVE DATE.. .
at 10:55 a.m.: .
AN ORDINANCE AMENDING SECTION 82-587 OF THE CITY CODE, TO REQUIRE A
CONTRIBUTION FOR THE ART IN. PUBLIC PLACES PROGRAM FROM JOINT
PUBLlCJPRIVATE PROJECTS, EXCLUDING NOT FOR PROFIT; REPEALING ALL
ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE
DATE. _. '.. ....... .,~ .
Inquiries may be directed to the City Attoiney's office at (305) 873-7470.
ALL INTERESTED PARTIES aie invited to appear at this meeting, or be raprasenied by an agent,
.or to express their views in writing addressed to the City Commission, do the City Clerk. 1700
Convention Center Drive, 1 sl Floor, City Hall, Miami Beach, Ronda 33139. Copies of thesa
ordinances are available for pUblic inspection dunng normal business hours in the City Cler1<s
Olfica, 1700 Convention Centar Drive, 1st Floor, City Hall, Miami Beach, Ronda 33139. This
meeting may be continued and under such circumstances add"ltIonallegal notice would not be
provided. . .
Robert E. Parchar, City ClGlI<
. '. City of Miami Beach . .
PUl1luant 10 Section 286.Q1 OS, Ro. Stat, the City hereby advises the public tha~ W a person
decides to appeal a", deciSion made by the City Commission with respect to any matter
considered at i1s meeting or i1s hearing, sucl1. person must ensure that a verllatim record of )he
, proceedings Is made, whicl1 record includes the tes1imony and evidence upon whicl1 the appeaI.is
I to be based. This notice does not constitute consent by the City for the introduction or admission of
I. othelWise inadmissible or i~eievantevidenca, nor does h authortza chanenges or appeals not
othelWise allowed by law. . . .' .... . .
In accordance with the Amencans with Disabilities M. of 1990; peisons needing special
accommodation to participate in this proceeding should cootact th8 City. Clerk's office no later than
four days prior to the proceeding, telaphone (305) 873-7411 for assistanca;W hearing impaired,
telephone the Ronda Relay SeMq8 numbers, (BOO) 955-8771 (TOO) or (8oo)955-8nO (VOICE),
. -l~~~~. ''';:~:'.~..'~'~'-j:':.-~.:~;.:~<-:J.:Z''. :.:: I.::~'j'." ';;~~.:~-~.~..,~?:.;.;;~;~.~.;::\-;:;:tJ' . '."l~~:f:~~ ~.'::~J'
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\\ci,miaml-beach.fl.us
COMMISSION MEMORANDUM NO. 3C{/-O/
TO:
Mayor Nasion O. Chasten and
Members ofthe City Commission
DATE: June 6, 2001
FROM:
Jorge M. Gonzalez ~. , ~.
City Manager 'J/v U SECOND READING
Zoning Ordinan I Amendment
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, Florida, Amending Chapter 142, "Zoning Districts and
Regulations," Article IV, "Supplementary District Regulations," Division 4,
"Supplementary Yard Regulations," Section 142-1132, "Allowable
Encroachments," Subsection (h), "Fences, Walls, and Gates," to Modify the
Height and Setbacks for Fences Surrounding Public Facilities in GU and CCC
Districts, Providing for Inclusion in the Code of the City of Miami Beach,
Florida; Repealer; Severability; and an Effective Date.
SUBJECT:
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission, adopt on second reading, the
amendment to the Land Development Regulations of the City Code as proposed.
ANAI,vSIS
As specified in the Parks Master Plan and Improvement Program, and funded by the 1999 GO
Bond #374, the Administration is proposing to replace the perimeter fencing around several of the
City's parks. The existing perimeter fencing at these sites vary from four (4) to ten (10) feet chain
link, at the property line, depending on the locations and uses of the parks. The Parks & Recreation
Department's parks renovation plans currently include new decorative steel picket perimeter
fences, between four (4) and eight (8) feet be installed on the property line of each renovated park
depending on its use. To accomplish this, an amendment to the existing City Code is necessary,
as it does not allow for fences higher than five (5) feet unless they are set back two (2) to four (4)
feet from the property line.
Installation offences two (2) to four (4) feet from the property line creates a hardship for the City
that will result in the loss of valuable field space. Without implementation of the proposed
amendment, the various fence lines will need to be moved to the interior of the park and negatively
impact the playground and field areas. Alternatively, the Administration would have to seek
waivers of the development regulations from the City Commission for each location, The notice
requirements of this process, in connection with the need to request individual waivers for each
site, would unduly burden and delay the process of renovating the City's parks.
AGENDAITEM~
DATE
irftJ -() I
Commission Memorandum
June 6, 2001
Public Hearing - Zoning Ordinance Amendment
Page 2
Additionally, to replace the existing fencing that is ten (10) feet high in some parks with a
maximum height of five (5) feet could potentially decrease security, increase vandalism, and
encourage unauthorized users to enter the parks after the facilities are closed. The more active use
parks require a higher fence. The final fence height for each park will be determined on a case by
case basis at the time of its design, but in no instance would exceed eight (8) feet. The current
regulations limit the height offence to a maximum of seven (7) feet if it is set back four (4) feet
from the property line.
It is important to note that the existing Land Development Regulations prohibit chainlink fences
facing a public right-of-way or waterway. This portion of the Code iuMl! proposed for amendment
and will remain as it is set forth in the Code.
Procedure
In accordance with Section 118-163 (3), when reviewing a request for an amendment to the land
development regulations, the City Commission shall consider the relevant review criteria, when
applicable for such changes, as listed below:
1. Whether the proposed change is consistent and compatihle with the comprehensive
plan and any applicable neighborhood or redevelopment plans.
Partially Consistent - The amendment does not require an amendment to the Future Land
Use Map of the Comprehensive Plan.
2. Whether the proposed change would create an isolated district unrelated to adjacent
or nearhy districts.
Partially Consistent - The proposed amendment may create isolated districts, with regard
to fence heights and setbacks, the proposed amendment will create
an overlay applicable to city parks only.
3. Whether the change suggested is out ofscale with the needs of the neighborhood or
the city.
Partially Consistent - The proposed amendment may create a slight detrimental impact on
the surrounding neighborhoods if the design of the fences to be
installed at different times and places are not sensitive to the
neighborhoods.
Commission Memorandum
June 6, 2001
Public Hearing - Zoning Ordinance Amendment
Page 3
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure.
Not Av,plicab1e
5. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Not a.pplicable
6. Whether changed or changing conditions make the passage of the proposed change
necessary.
Consistent - In order to maintain security throughout city parks would be a compelling
reason to adopt the proposed amendment.
7. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Partially Consistent - The proposed amendment may create a slight detrimental impact on
the surrounding neighborhoods if the design of the fences to be
installed at different parks is not sensitive to the neighborhoods.
8. Whether the proposed change will create or excessively increase traffic congestion
beyond the levels of service as set forth in the comprehensive plan or otherwise affect
public safety.
Not Applicable
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
Not &p,plicable
10. Whether the proposed change will adversely affect property values in the adjacent
area.
Consistent - Staff believes that property values in the adjacent areas would not be
adversely affected by the proposed amendment. However, if not sensitive
to the neighborhoods, the design ofthe fences may have a negative impact
Dn those neighborhoods.
Commission Memorandum
June 6.2001
Public Hearing - Zoning Ordinance Amendment
Page 4
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
Consistent - The proposed amendment will not deter development on adjacent sites.
12. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
Partially Consistent - The existing Code permits the installation of fences along property
lines, subject to height and setback restrictions. Existing restrictions
may prevent a higher level of security throughout city parks which
could be a compelling reason to adopt the proposed amendment.
13. Whether it is impossible to find other adequate sites in the city for the proposed use
in a district already permitting such use.
Not Av.vlicable
At its Apri124, 2001 meeting, the Planning Board unanimously recommended approval of the
proposed amendment to the Land Development Regulations of the City of Miami Beach, subject
to staff design review approval of the fence design, as found appropriate for each location.
City Commission Action
At its May 16, 2001 meeting, several of the City Commissioners expressed concems relative to the
placement of a fence on the property line. These concems related the hard edge that a fence would
create and the lack of space to place landscaping in front of the fence in order to soften the edges.
It should be noted that some of the fence designs proposed for several of the City's parks already
have the fence material setback eight (8") inches from the property line, with the edge of the pillars
holding the fence sections, on the property line. This small setback allows for some limited plant
material, such as a creeping vine, to be installed. Additionally, fencing material will be limited to
transparent, decorative fences in order to allow visibility. The masonry portion of the fences is
limited to the pillars and in some cases, for signage to identify the park's name.
Staff added language to the proposed ordinance so that any fence higher than six feet will have a
minimum setback dimension of one foot. Additionally, as with all other City projects, these fences
:~~r staff design review and approval, on a case-by-case basis.
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