2015-3936 Ordinance Single Family Home Development Regulations
Unit Size And Lot Coverage For Accessory Structures
ORDINANCE NO. 2015-3936
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY ,
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDRS) OF THE CITY CODE, AT CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL
DISTRICTS," BY AMENDING AND MODIFYING THE UNIT SIZE AND LOT
COVERAGE EXCEPTIONS FOR ACCESSORY STRUCTURES, AND BY
CLARIFYING AND AMENDING THE REQUIREMENTS FOR SKYLIGHTS;
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the regulation of additions and new construction in single-family districts
is necessary in order to ensure compatible development within the built character of the
single-family neighborhoods in the City; and
WHEREAS, the identity, image and environmental quality of the City should be
preserved and protected; and
WHEREAS, City Commission recently adopted modifications to the single-family
home development regulations; and
WHEREAS, it is appropriate to update the lot coverage and unit size regulations to
include limits on covered structures; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City's single-family districts; and
WHEREAS, the Planning Board, at its meeting dated February 24, 2015, by a vote of
5 to 0 recommended in favor of the Ordinance; 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. That Chapter 142, "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, "Development Regulations and Area Requirements," of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 142-105. Development regulations and area requirements.
(b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential
districts are as follows:
* * *
(4) Unit size requirements.
a. Minimum unit size: 1,800 square feet.
b. For purposes of this subsection, unit size means the sum of the gross
horizontal areas of the floors of a single-family home, measured from the
exterior faces of exterior walls. However, the unit size of a single-family home
shall not include the following, unless otherwise provided for in these land
development regulations:
1. Uncovered steps.
2. Attic space, providing structural headroom of less than seven feet six
inches.
3. Those portions of covered terraces, breezeways, or open porches, that do
not project more than ten feet from the main home building(s).
4. Single-story covered terraces and porches, which, with the exception of
supporting structures, are open on at least three (3) sides, and are part of
a detached single story accessory structure located within a rear yard,
provided such terrace or porch does not exceed two percent (2%) of the
lot area.
4-5. Enclosed floor space used for required off-street parking spaces
(maximum 500 square feet).
5-6. Those portions of covered exterior unenclosed private balconies, that do
not project more than six feet from the building.
(5) Lot coverage (building footprint).
* * *
c. Calculating lot coverage. For purposes of calculating lot coverage, the footprint
shall be calculated from the exterior face of exterior walls and the exterior face
of exterior columns on the ground floor of all principal and accessory buildings,
or portions thereof. Internal courtyards, which are open to the sky, but which
are substantially enclosed by the structure on three or more sides, shall be
included in the lot coverage calculation. However, outdoor covered areas, such
as, but not limited to, loggias, covered patios, pergolas, etc., that are open on
at least two sides, and not covered by an enclosed floor above, shall not be
included in the lot coverage calculation- in accordance with the following:
1. When attached to the main home building(s) with a projection of 10 feet or
less, such outdoor covered areas shall not be included in the lot coverage
calculation.
2. When detached from the main home buildings(s), or part of an attached
structure projecting more than 10 feet from the main home buildings(s), such
outdoor covered areas shall not be included in the lot coverage calculation,
2
provided that such outdoor covered area(s) do not exceed two percent (2%) of
the lot area.
For purposes of this section, a pergola shall be defined as a garden walk or
terrace formed by two rows of columns or posts with an open framework of
beams and cross rafters over which plants may be trained.
(7) Height exceptions. The height regulation exceptions contained in section 142-
1161 shall not apply to the RS-1, RS-2, RS-3 and RS-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.
a. Chimneys and air vents, not to exceed five feet in height.
b. 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, and shall be setback
a minimum of ten feet from the perimeter of the enclosed floor below.
c. Radio and television antennas.
d. Parapet walls, only when associated with a habitable roof deck, not to
exceed three and one-half feet above the finished roof deck height, and set
back a minimum of ten feet from the perimeter of the enclosed floor below.
e. Rooftop curbs, not to exceed one foot in height.
f. Elevator bulkheads shall be located as close to the center of the roof as
possible and be visually recessive such that they do not become vertical
extensions of exterior building elevations.
g. Skylights, not to exceed five feet above the main roofline, and provided
that the area of skyliqht(s) does not exceed 10% of the total roof area of
the roof in which it is placed.
h. Air conditioning and mechanical equipment not to exceed five feet above
the main roofline and shall be required to be screened in order to ensure
minimal visual impact as identified in the general section description
above.
i. Rooftop wind turbines, not to exceed ten feet above the main roofline.
* * *
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
3
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 ( day of ma, , 2015.
Philip Levin= .. .> /�.
ATTEST: 11�a44 J /�
Ae,) II*V)*
Raf=el E. G '=nado, ty lerk s �•-•"�,, �,, '` �i
= -.0*-1 :"64%,. APPROVED AS TO FORM
*" INCORP ORATED' AND LANGUAGE
AND FOR EXECUTION
H2. 3 Z
1 hh t `It%%'s/City Attorney Date
First Reading: April 15, 2015
Second Reading: May 6, 20 5
Verified by: `I-
Thomas R. Mooney/A ICP
Planning Director
Underscore denotes new language
denotes deleted language
[Sponsored by Commissioner Malakoff]
T:WGENDA\2015\April\SF Dev Regs Accessory Lot Cov and Unit Size-First Reading ORD.docx
4
•
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance amending and modifying the unit size and lot coverage
exceptions for accessory structures, and by clarifying and amending the requirements for skylights.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summary/Recommendation:
SECOND READING-PUBLIC HEARING
The subject Ordinance would place a cap on the maximum size of a covered terrace associated with
an allowable accessory structure within the required rear yard, to no more than 2% of the lot area.
Portions beyond 2% would have to be counted towards the unit size. The Ordinance would place a
cap on the size of the outdoor covered areas not counted in lot coverage to 2% of the lot area. In
addition, a definition for 'Pergolas' has been incorporated into the proposed legislation, along with a
limit on the size of'skylights', which are an allowable height exception for single family home.
On December 10, 2014 the Land Use Committee discussed the proposed Ordinance and
recommended that the Planning Board transmit it to the City Commission with a favorable
recommendation.
On April 15, 2015, the City Commission approved the subject Ordinance at First Reading.
The Administration recommends that the City Commission adopt the attached Ordinance.
Advisory Board Recommendation:
On February 24, 2015, the Planning Board (vote of 5-0), transmitted the attached proposal to the
City Commission with a favorable recommendation. (Planning Board File No. 2232).
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 will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
epartme� Dir-V t• Assistant City Manager ;1 City Manager
gATIPAligg=r1/L 7KLerin 1 '
I/ I Iii
T:\AGENDA\2015\May\SF Dev Regs Accessory Lot Coy and Unit Size-2nd Reading SUM.docx
MIAMI BEACH
AGENDA ITEM RS-c--
-
DATE S_ .1c-
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of he City Co A ission
FROM: Jimmy L. Morales, City Manager - �
DATE: May 6, 2015 'I ECOND READING — PUBLIC HEARING
SUBJECT: Single Family Development Regula ions— Lot Coverage and Unit Size
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS (LDRS) OF THE CITY CODE, AT
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "RS-1, RS-2,
RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY
AMENDING AND MODIFYING THE UNIT SIZE AND LOT COVERAGE
EXCEPTIONS FOR ACCESSORY STRUCTURES, AND BY
CLARIFYING AND AMENDING THE REQUIREMENTS FOR
SKYLIGHTS; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached
Ordinance.
BACKGROUND
On February 12, 2014, the Commission adopted comprehensive revisions to the single
family development regulations. On September 30, 2014, at the request of
Commissioner Joy Malakoff, the City Commission referred an item to the Planning Board
and the Land Use and Development Committee (Item C4A), pertaining to additional
refinements to the single family development regulations regarding lot coverage and
units size for Accessory Structures.
On December 10, 2014 the Land Use Committee discussed the proposed Ordinance
and recommended that the Planning Board transmit it to the City Commission with a
favorable recommendation.
ANALYSIS
Unit Size
When the comprehensive revisions to the single family development regulations were
Commission Memorandum
Single Family Development Regulations—Lot Coverage and Unit Size
May 6, 2015 Page 2 of 3
adopted on February 12, 2014, portions of covered terraces projecting more than 10 feet
from a building were required to be counted in the unit size calculations of the home.
This also included typical accessory structures, which often consist of a single story
cabana structure with a bathroom and an associated covered terrace area. In order to
create a reasonably sized outdoor terrace area, these covered terraces often project
more than 10 feet from the enclosed portion of a cabana building or accessory structure.
Covered portions projecting beyond 10 feet are required to be counted toward the unit
size.
As part of more comprehensive changes to the single family regulations, a separate
Ordinance recently adopted by City Commission clarifies that the inclusion of covered
terraces beyond 10 feet in the unit size requirements applies to the main home
building(s) only.
The subject Ordinance would place a cap on the maximum size of a covered terrace
associated with an allowable accessory structure within the required rear yard, to no
more than 2% of the lot area. Portions beyond 2% would have to be counted towards the
unit size. Using the example of a typical 60' x 175', 10,500 SF waterfront lot, the
maximum area of any accessory structures in the required rear yard is 25% of the
required rear yard area (1,575 SF), or 393 SF. With a 2% limitation on covered terraces,
in this example the covered terrace area could not exceed 210 SF. This allows a
reasonably sized covered terrace area as part of an accessory structure that is
proportional to the size of the lot.
Lot Coverage
Currently outdoor covered areas that are open on at least 2 sides and not covered by a
floor above are not included in the lot coverage calculations. Concerns have been
expressed with the size of these outdoor covered areas, which presently are not counted
towards the maximum lot coverage requirements of a home. While portions projecting
more than 10 feet from a building are counted in the unit size, with the new exception
noted above, covered areas open on all sides are not counted in either the unit size or
lot coverage of a home, regardless of their size. The subject Ordinance would place a
cap on the size of the outdoor covered areas not counted in the overall lot coverage to
2% of the lot area. Beyond this, the covered area would count toward the overall lot
coverage.
Lastly, a definition for `Pergolas' has been incorporated into the proposed legislation,
along with a limit on the size of `skylights', which are an allowable height exception for a
single family home.
PLANNING BOARD REVIEW
On February 24, 2015, the Planning Board (by a 5-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
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 City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
Commission Memorandum
Single Family Development Regulations—Lot Coverage and Unit Size
May 6, 2015 Page 3 of 3
SUMMARY
On April 15, 2015, the City Commission approved the subject Ordinance at First
Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
J J RM/MAB/RAM
T:WGENDA\2015\May\SF Dev Regs Accessory Lot Coy and Unit Size-2nd Reading MEM.docx
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