2012-3766 Ordinance ORDINANCE NO. 2012-3766
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 OF THE CITY CODE,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 2, RS-1, RS-2, RS-3, RS-4 SINGLE-
FAMILY RESIDENTIAL DISTRICTS, SECTION 142-105(e), "HEIGHT
RESTRICTIONS," BY AMENDING THE HEIGHT REGULATION
EXCEPTIONS TO PERMIT SMALL ROOF WIND TURBINES UP TO 10
FEET ABOVE THE MAIN ROOFLINE; AND AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5,
"HEIGHT REGULATIONS," BY AMENDING SECTION 142-1161," TO
PERMIT ROOF WIND TURBINES SUBJECT TO CERTAIN
RESTRICTIONS AND CONDITIONS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations (LDRs) of the City Code are
designed to protect and preserve the environmental quality of the City's neighborhoods
and to encourage and promote compatibility with the established neighborhood context;
and
WHEREAS, the Mayor and City Commission place a strong emphasis on and
desire to seek a more sustainable and healthier "green" environment for its residents;
and
WHEREAS, the Mayor and .City Commission have identified as a legitimate
government purpose the promotion of an environmentally friendly and sustainable
environment; and
WHEREAS, the Mayor and City Commission have previously adopted an
ordinance providing incentives for the construction of green/LEED certified buildings;
and
WHEREAS, the LDRs for single-family structures contain a list of exceptions in
terms of height and location not to exceed ten feet above the roofline of the structure,
but do not include small wind turbines; and
WHEREAS, the height exception regulations in the LDRs for all districts, except
single-family districts, contain a list of items such as elevator bulkheads, air conditioners
and others, but do not include small wind turbines; and
WHEREAS, permitting this type of use will not create an adverse impact on the
general health and welfare of the residents of the City and is consistent with the public
health, safety and welfare; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
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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," Division 2, "RS-1, RS-2, RS-3,
RS-4, Single-Family Residential Districts," is hereby amended as follows:
Sec. 142-105. - Development regulations and area requirements.
(e) Height restriction. The height regulation exceptions contained in Section 142-
1161 shall not apply to the RS-1, 2, 3 and 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.
(1) Chimneys and air vents, not to exceed five feet in height.
(2) Decks, not to exceed six inches above the main roofline and not exceeding a
combined deck area of 50 percent of the enclosed floor area immediately one
floor below.
(3) Decorative structures used only for ornamental or aesthetic purposes such as
spires, domes, belfries, and covered structures, which are open on all sides, and
are not intended for habitation or to extend interior habitable space. Such
structures shall not exceed a combined area of 20 percent of the enclosed floor
area immediately one floor below.
(4) Radio and television antennas.
(5) Parapet walls, not to exceed three and one-half feet above the maximum
permitted height.
(6) Stairwell and elevator bulkheads in general shall be located to be visually
recessive such that they do not become vertical extensions of exterior building
elevations located directly along required setback lines. SFRRP, historic
preservation board or design review board, approval as applicable, shall be
required when the bulkhead's proximity to a property line is closer than 125
percent of the depth of the nearest setback yard(s). Depth shall be measured
perpendicular from the property line.
(7) Skylights, not to exceed five feet above the main roof line.
(8) Air conditioning and mechanical equipment not to exceed five feet above the
main roof line and may be required to be screened in order to ensure minimal
visual impact as identified in the general section description above.
Rooftop wind turbines, not to exceed 10 feet above the main roofline.
When any of the above items are freestanding, they shall follow the height limitations of
the underlying zoning district (except flag poles which are subject to section 138-72).
Section 2.
That Section 142-1161, "Height regulation exceptions," is hereby amended as follows:
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For all districts, except RS 1, 2, 3 and 4, (single-family residential districts).
(a) The height regulations as prescribed in these land development regulations shall
not apply to the following when located on the roof of a structure or attached to
the main structure. For exceptions to the single-family residential districts, see
subsection 142-105(d).
(1) Air-conditioning, ventilation, electrical, plumbing equipment or equipment
rooms.
(2) Chimneys and air vents.
(3) Decks, not to exceed three feet above the main roof line and not
exceeding a combined deck area of 50 percent of the enclosed floor area
immediately one floor below.
(4) Decorative structures used only for ornamental or aesthetic purposes
such as spires, domes, belfries, not intended for habitation or to extend
interior habitable space. Such structures shall not exceed a combined
area of 20 percent of the enclosed floor area immediately one floor below.
(5) Elevator bulkheads or elevator mechanical rooms.
(6) Flagpoles subject to the provisions of section 138-72
(7) Parapet walls, not to exceed 3'/2 feet above the main roof line unless
otherwise approved by the design review board up to a maximum of 25
feet in height.
(8) Planters, not to exceed three feet in height above the main roof line.
(9) Radio, television, and cellular telephone towers or antennas, and rooftop
wind turbines.
(10) Stairwell bulkheads.
(11) Skylights, not to exceed five feet above the main roof line.
(12) Stage towers or scenery lofts for theaters.
(13) Swimming pools, whirlpools or similar structures, which shall have a four-
foot wide walkway surrounding such structures, not to exceed five feet
above the main roof line.
(14) Trellis, pergolas or similar structures that have an open roof of cross
rafters or latticework.
(15) Water towers.
(b) The height of all allowable items in subsection (a) of this section, unless
otherwise specified, shall not exceed 25 feet above the height of the roof line of
the main structure feF d*stF*Gts that have a height FeStF*Gt . in a d*BtF*Gt that does
not have a heig„tFes+ri,.+�, the height of any of the above items shall be
de inert by the design review hoard or joint rderign review hoarrllhjrtoriG
gnteF 119 aFtiGle \/I (and Ghent 119,
i6le Y if nnnlinnhle) of there land
When any of the above items are freestanding, they
shall follow the height limitations of the underlying zoning district (except flag
poles which are subject to section 138-72).
height rertrirtinn, eh the height of any of. e a itemr when freestanding_shall
o
he determined the design Feuiew beap l /nr joint design review hjrtnrjG
,
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Section 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same 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 re-
numbered or re-lettered 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 9th day of May 2012.
...... y� MAYOR
ATTEST:
(INCORP ORATED'
CITY CLERK �'.. :
9.QC.........•.••.' � APPROVED AS TO FORM
H 2C AND LANGUAGE
AND FOR EXECUTION
orbby Date
G�
First Reading:
Second Reading:
Verified By:
Richard G. Lorber, AICP
Acting Planning Director
Underline = new language
= deleted language
TAAGENDA\2012\3-21-12\Sma11 rooftop wind turbines ord.docx
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COMMISSION ITEM SUMMARY
Condensed Title:
Ordinance Amending Chapter 142 Of The City Code, "Zoning Districts And Regulations," Article II,
"District Regulations," Division 2, RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts, By
Amending The Height Regulation Exceptions To Permit Small Roof Wind Turbines Up To 10 Feet
Above The Main Roofline; Amending Section 142-1161," To Permit Roof Wind Turbines Subject To
Certain Restrictions And Conditions
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6%, suggested the
effort put forth by the City to regulate development is"about the right amount," nearly one-third, 29.6%,
indicated "too little" effort is being put forth by the City in this area.
Issue:
Should the City Commission amend the City Code to permit rooftop wind turbines to be used in single
familv districts, as well as other zoning districts?
Item Summa /Recommendation:
SECOND READING PUBLIC HEARING
Currently Section 142-105(e) of the Land Development Regulations does not specifically address wind
turbines, and as such, they have been categorized as "mechanical equipment" and limited to five feet
above the main roofline. Mechanical equipment also requires screening. In order for a small wind
turbine to function properly, there needs to be some amount of clearance above the roof, especially if
there is the standard 3'6" foot parapet surrounding a flat roof. Amending the code to specify rooftop
wind turbines as an allowable height exception for single family homes, up to 10 feet above the main
roofline, would permit these turbines to be installed by homeowners. This height should not have a
negative effect on surrounding residential properties as long as the proper setback requirements are
respected.
With regard to multifamily and commercial buildings, the Code already permits similar rooftop
accessory structures such as radio and cellular telephone antennas, water towers, and mechanical
equipment. These may be up to 25 feet above the main roofline (with design review approval).
Adding rooftop wind turbines to this list of uses would also help clarify that these are permitted, and
may encourage their use for supplementary power generation.
The Administration recommends that the City Commission adopt the proposed ordinance on second
reading and public hearing.
Advisory Board Recommendation:
At its January 24, 2012 meeting, the Planning Board reviewed the proposed ordinance and by a vote
of 4-0 3 members absent recommended that the City Commission approve the ordinance.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there may not be a measurable impact on the City's
budget by enacting the proposed ordinance.
City Clerk's Office Legislative Tracking:
Richard Lorber/Mercy Lamazares
Si n-Off s•
eR,artmen !rector A sistant Cit anager City Manager
V
T:W N IA\2011 5 9 12\rooftop small wind tur VS su6f.docx
®
MIAMIBEACH AGENDA ITEM S L
DATE
® MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: May 9, 2012 SECOND READING PUBLIC HEARING
SUBJECT: ROOFTOP SMALL WIND TURBINES
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 OF THE CITY CODE,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 2, RS-1, RS-2, RS-3, RS-4 SINGLE-
FAMILY RESIDENTIAL DISTRICTS, SECTION 142-105(e), "HEIGHT
RESTRICTIONS," BY AMENDING THE HEIGHT REGULATION
EXCEPTIONS TO PERMIT SMALL ROOF WIND TURBINES UP TO
10 FEET ABOVE THE MAIN ROOFLINE; AND AMENDING ARTICLE
IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5,
"HEIGHT REGULATIONS," BY AMENDING SECTION 142-1161," TO
PERMIT ROOF WIND TURBINES SUBJECT TO CERTAIN
RESTRICTIONS AND CONDITIONS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
ordinance upon second reading and public hearing.
BACKGROUND
September 14, 2011: the City Commission had a discussion regarding a change
amendment to the Land Development Regulations of the City Code to address wind
turbines and referred the matter to the Land Use and Development Committee at the
request of Commissioner Tobin.
September 21, 2011: the Land Use and Development Committee discussed this matter
and moved to refer a proposed amendment to the LDRs to the Planning Board to
consider legalization of wind turbines on rooftops in single-family homes and consider
appropriate review, impact on noise and on neighborhood and consider appropriate
number.
October 19, 2011: the City Commission ratified this referral to the Planning Board.
City Commission Memorandum
Small rooftop wind turbines
May 9, 2012 Page 2
ANALYSIS
Currently Section 142-105(e) of the Land Development Regulations governs the
permissible heights of accessory structures on rooftops of single family homes. The
Code does not specifically address wind turbines, and as such, they have been
categorized as "mechanical equipment" and limited to five feet above the main roofline.
Mechanical equipment also requires screening. In order for a small wind turbine to
function properly, there needs to be some amount of clearance above the roof,
especially if there is the standard 3'6" foot parapet surrounding a flat roof.
Since the existing interpretation as mechanical equipment limits the height to 5 feet
above the roofline, this will not allow effective placement of these small turbines on roofs
of homes. Other rooftop structures may be permitted to reach 10 feet in height above
the main roofline, and this height would allow for efficient operation of rooftop wind
turbines. Amending the code to specify rooftop wind turbines as an allowable height
exception for single family homes, up to 10 feet above the main roofline, would permit
these turbines to be installed by homeowners. This height should not have a negative
effect on surrounding residential properties as long as the proper setback requirements
are respected.
With regard to multifamily and commercial buildings, Section 142-1161 of the code
already permits similar rooftop accessory structures such as radio and cellular telephone
antennas, water towers, and mechanical equipment. These may be up to 25 feet above
the main roofline (with design review approval). Adding rooftop wind turbines to this list
of uses would also help clarify that these are permitted, and may encourage their use for
supplementary power generation. Since the height permitted would be only 25 feet
above the roofline, which would be similar in height to other permitted structures such as
antennas or mechanical equipment, it would not be expected that wind turbines of this
height would produce negative effects on neighboring properties, if properly engineered.
Stand-alone wind turbines which require mounting on a tower are governed by existing
zoning regulations for main building heights and setbacks, depending on the zoning
district. No accessory use wind turbine tower could exceed the maximum allowable
height of the district within which it is located, and would be subject to the same
setbacks as the main building. No amendment to the code is anticipated to be required
for this category.
PLANNING BOARD
At its January 24, 2012 meeting, the Planning Board reviewed the proposed ordinance
and by a vote of 4-0 (3 members absent) recommended that the City Commission
approve the ordinance with a limit of one wind turbine per property.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long-term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and determined that there
may not be a measurable impact on the City's budget by enacting the proposed
ordinance.
City Commission Memorandum
Small rooftop wind turbines
May 9, 2012 Page 3
COMMISSION ACTION
At the March 21St meeting, the Commission continued First Reading of this item to the April
11th meeting for lack of a quorum to approve changes to the Land Development Regulations
of the City Code.
At the April 11, 2012 meeting, by a 7-0 vote, the City Commission approved the
proposed ordinance on first reading.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
ordinance upon second reading and public hearing.
Pursuant to Section 118-164(3) when a request to amend the land development
regulations does not change the actual list of permitted, conditional or prohibited uses in
a zoning category, the proposed ordinance may be read by title or in full on at least two
separate days and shall, at least ten days prior to adoption, be noticed once in a
newspaper of general circulation in the city. Immediately following the public hearing at
the second reading, the city commission may adopt the ordinance. An affirmative vote
of five-sevenths of all members of the City Commission shall be necessary to enact any
amendment to these land development regulations.
JMG/JGG/RGL/ML
TAAGENDA\2012\4-11-12\rooftop small wind turbines memo.docxTAAGENDA\2012\3-21-12\rooftop small wind turbines memo.docx
MiamiHerald.com THE MIAMI HERALD
12NE THURSDAY,APRIL 26,2012 NE
............................._............................._..........._....--_........._.........__._ __._..
MIAMSEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and
City Commission of the City of Miami Beach, Florida,'in the Commission Chambers, 3rd floor, City Hall,
1700 Convention Center.Drive,Miami Beach,Florida,on WEDNESDAY,May 9,2012 to consider the following:
11:00 a.m.
.Ordinance Amending Chapter 82, Of The Code Of The City Of Miami Beach, Entitled "Public Property,"
By Amending Article VI,Entitled"Naming Of Public Facilities And Establishment Of Monuments Or Memorials,"
By Amending Section 82-504, Entitled "Monuments Or Memorials," By Adding Criteria To Provide:
A) That The Mayor And City Commissioners Shall Be Limited To Proposing The Establishment Of One
Monument Or Memorial Per Term Of Elected Office;B)That The Costs Of The Design,Fabrication And On-Going
Maintenance For Monuments Or Memorials Shall Be The Sole Responsibility Of,And Must Be Borne By;The
Requesting Organization,Group Or Individual,Unless All Or Any Portion Of This Requirement Is Waived By An
Affirmative Vote Of 6/7ths Of The City Commission Following A Duly Noticed Public Hearing;And C)That Any
Person To Be Recognized By The Establishment Of A Monument Or Memorial Must Be In Good Standing In The
Community And if,After The Honor Is Bestowed,The Person Is Convicted Or Adjudicated Guilty Of A Felony,
The Name Of The Person Shall Be Removed From Such Monument Or Memorial Or The Monument Or Memorial
Itself May Be Removed.
Inquiries may be directed to the Parks and Recreation Department at(305)673-7730
11:05 a.m. _
Rooftop Small Wind Turbines
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,
By Amending Chapter 142 Of The City Code, "Zoning Districts And Regulations," Article II, "District
Regulations," Division 2, RS-1, RS-2,-RS-3, RS-4 Single-Family Residential Districts, Section 142-105(e),
"Height Restrictions,"By Amending The Height Regulation Exceptions To Permit Small Roof Wind Turbines Up
To 10 Feet Above The Main Roofline;And Amending Article IV,"Supplementary District Regulations,"Division
5,"Height Regulations,"By Amending Section 142-1161,"To Permit Roof Wind Turbines Subject To Certain
Restrictions And Conditions.
Inquiries may be directed to the Planning Department at(305)673-7550..
11:10 a.m.
Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,
By Amending Chapter 138,Entitled"Signs",By Amending Article IV,-Entitled"Temporary Signs",By Creating
A New Section 138-140,Entitled"Vacant Storefront Screens And Sign.
Inquiries may be directed to the Planning Department at(305)673-7550.
11:30 a.m.
An Ordinance Amending Chapter 12 Of The Miami Beach City Code,Entitled"Arts,Culture And Entertainment,"
By Amending Article II Thereof,Entitled"Special Events,"By Amending Section 12-5,"Special Events Permits"
To Provide Clarification. -
Inquiries may be directed to the Cultural Arts Department at(305)673-2787.
INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express
their views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,
lsf Floor,City Hall,Miami Beach,Florida 33139.Copies of these ordinances are available for public inspection
during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall,
and Miami Beach,Florida 33139.This meeting may be continued and under such circumstances additional
legal notice would not be provided.
Rafael E.Granado,City Clerk
City of Miami Beach
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that:if a person decides to appeal
any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,
such person must ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by The
City for the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize
challenges or appeals not otherwise allowed by law.
To request this material in accessible format,sign language interpreters,information on access for persons
with disabilities, and/or any accommodation to review any document or participate in any city-sponsored
proceeding, please contact (305) 604-2489 (voice),,(305) 673-7218 (TTY)five days in advance to initiate
your request.TTY users may also call 711 (Florida Relay Service).
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