2016-4010 Ordinance DEVELOPMENT REGULATIONS—GRADE_ELEVATIONS AND HEIGHT
ORDINANCE NO. 2016-4010
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS,"
AT SECTION 114-1, "DEFINITIONS," BY AMENDING THE DEFINITIONS FOR
GRADE, FUTURE ADJUSTED GRADE, AND BUILDING HEIGHT, AND TO
ESTABLISH BY REFERENCE TO CHAPTER 54-35 DEFINITIONS FOR BASE
FLOOD ELEVATION, CROWN OF ROAD, FUTURE CROWN OF ROAD,
FREEBOARD, MINIMUM FREEBOARD, MAXIMUM FREEBOARD, GREEN
INFRASTRUCTURE, FUTURE ADJUSTED GRADE, AND SURFACE
STORMWATER SHALLOW CONVEYANCE; BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3,
RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY AMENDING AND
CLARIFYING THE MAXIMUM ELEVATION WITHIN A REQUIRED YARD AND
PROVIDING A MINIMUM ELEVATION REQUIREMENT FOR NEW
CONSTRUCTION, AND AMENDING HOW MAXIMUM BUILDING HEIGHT IS
CALCULATED; PROVIDING CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, sea level rise and flooding is an ongoing concern of the City; and
WHEREAS, the City hired AECOM to produce a report relating to Enhancing Resiliency
and to Review the City of Miami Beach's code of ordinances and regulations to assist the City in
enhancing sustainability and resiliency in the face of climate change and increased flooding
events; and
WHEREAS, the FEMA FIRM panels indicate a base flood elevation in certain areas of
the City of 7.0 feet NGVD, and AECOM indicates that a large storm event would create a flood
risk situation even at a flood elevation of 8.0 feet NGVD; and
WHEREAS, due to the foregoing, it is within the police powers of the City, for the health,
safety and welfare of the City of Miami Beach, that existing low-lying infrastructure and future
construction projects for structures, including buildings, be elevated in order to reduce risk or
maintain low risk from potential flood damage; and
WHEREAS, in 2015, as one of the City's efforts to combat flooding and sea level rise,
the City has previously implemented increased height requirements for sea walls in order to
more fully protect the City and its residents from flooding; and
WHEREAS, the City is also implementing "freeboard," the additional height, usually
expressed as a factor of safety in feet, above a flood level for purposes of floodplain
management, which factor is to be utilized in future construction projects in developing first floor
elevations, in order to protect the structures from flooding events; and
WHEREAS, it is appropriate consistent with the "freeboard" amendments to the Code,
and the desire to develop enhanced stormwater retention procedures for all properties, as well
as the implemented increased heights of sea walls, the Administration recommends amending
to amend the maximum elevation requirements within required yards of single family districts to
eliminate or mitigate any conflict with the City's efforts corresponding legislation enacted to
address sea level rise and flood mitigation measures; and
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WHEREAS, the regulation of grade elevations in single family districts is necessary in
order to ensure compatible development within the built character of the single-family
neighborhoods of the City; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Section 114-1, "Definitions", is amended as follows:
Base flood elevation, for the City of Miami Beach shall be as defined in Section
54-35.
Crown of road, shall be as defined in Section 54-35.
Crown of road, future, shall be as defined in Section 54-35.
Freeboard shall be as defined in Section 54-35.
Freeboard, mimimum shall be as defined in Section 54-35.
Freeboard, maximum shall be as defined in Section 54-35.
Green Infrastructure shall be as defined in Section 54-35.
Grade means the city sidewalk elevation at the centerline of the front of the
property. If there is no sidewalk, the elevation of the crown of the road at the
centerline of the front of the property shall be used.
Grade, adjusted means the midpoint elevation between grade and the minimum
required flood elevation for a lot or lots.
Grade, future adjusted, means the midpoint elevation between the future crown of
the road as defined in the CDM Smith Stormwater Plan, and
the base flood elevation plus minimum freeboard for a lot or lots.
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Height of building means the vertical distance from the lowest floor according to
the following, as applicable:
(a) When the minimum finished floor elevation is located between grade
and base flood elevation plus freeboard, height shall be measured from
the minimum finished floor elevation to the highest point of the roof;
fo$fi
4s)(b) When the minimum finished floor elevation is located above the base
flood elevation plus freeboard, height shall be measured from the base
flood elevation plus freeboard.
The highest point of a roof is as follows:
1. The highest point of a flat roof;
2. The deck line of a mansard roof;
3. The average height between eaves and ridge for gable hip and
gambrel roofs; or
4. The average height between high and low points for a shed
roof.
(c) As all rights-of-way have not yet been elevated, for commercial properties,
height shall be measured from the base flood elevation, plus freeboard,
provided that the height of the first floor shall be tall enough to allow the
first floor to eventually be elevated to base flood elevation, plus minimum
freeboard, once the adjacent right of way is elevated as provided under the
City's Public Works Manual.
* * *
Surface stormwater shallow conveyance shall be as defined in Section 54-35.
* * *
SECTION 2. Section 142-105, "Development regulations and area requirements", is amended
as follows:
* * *
(b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential
districts are as follows:
(1) Lot area, lot width, lot coverage, unit size, and building height requirements. The lot
area, lot width, lot coverage, and building height requirements for the RS-1, RS-2,
RS-3, RS-4 single-family residential districts are as follows:
Zoning Minimum Minimum Lot Maximum Lot Maximum Maximum Building Height, which
District Lot Area Width (feet)* Coverage for a Unit Size shall not exceed two stories
above the MiRifiltill4 base flood
(square 2-story Home (% (% of Lot elevation, plus freeboard in all
3
feet) of lot area)** Area) districts***
RS-1 30,000 100 30% 50%
28 feet-flat roofs.
31 feet - sloped roofs.
RS-2 18,000 75 30% 50%
(— 24 feet-flat roofs.
27 feet- sloped roofs.
50 - May be increased up to 28 feet
Oceanfront ° ° for flat roofs and 31 feet for
RS-3 10,000 lots. 30% 50% sloped roofs when approved by
60 -All others the DRB or HPB, in accordance
with the applicable design
review or appropriateness
criteria.
RS-4 6,000 50 30% 50% 24 feet -flat roofs.
27 feet- sloped roofs.
*** Height shall be measured
from the n required base
*Except Except those **Single story flood elevation for the lot, plus
9 ry
lots fronting on - homes shall freeboard, measured to the top
a cul-de-sac or follow the of the structural slab for a flat
circular street requirements of roof and to the mid-point of the
as defined in section 142- slope for a sloped roof. Single
lot width 105(b)(4)b. story homes shall follow the
requirements of section 142-
105(b)(4)b
(2) Maximum number of stories. The maximum number of stories shall not exceed two
above the m base flood elevation, plus freeboard.
* *
(4) Unit size requirements.
* * *
d. Non-air conditioned space located below minimum flood elevation, plus
freeboard. Notwithstanding the above, for those properties located in the RS-1,
RS-2, RS-3, RS-4 single-family residential districts, where the first habitable floor
is required-to be located six feet or more above existing grade in order to meet
minimum flood elevation requirements, including freeboard, the following shall
apply:
1. The height of the area under the main structure may have a maximum floor to
ceiling clearance of seven feet six inches from grade the lowest level slab
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provided. -- _ _ - -- - . _ _ .. . .. _ .. l- -- = - '- -- -' --
2. Up to, but not exceeding, 600 square feet of segregated parking garage area
may be permitted under the main structure.
3. The area under the first habitable floor of the main structure shall consist of
non-air conditioned space., Such area shall
not be subdivided into different rooms, with the exception of the parking
garage area, and required stairs and/or elevators.
4. The parking garage area and the open, non-air-conditioned floor space
located directly below the first habitable floor, shall not count in the unit size
calculations •e-- • - " -•- - -- e- e- .
(8) Exterior building and lot standards. The following shall apply to all buildings and
properties in the RS-1, RS-2, RS-3, RS-4 single-family residential districts:
a. Exterior bars on entryways, doors and windows shall be prohibited on front and
side elevations, which f ace a st r ee t or right-of-way.
b. Minimum yard elevation requirements.
1. The minimum elevation of a required yard shall be no less than five (5)
feet NAVD (6.56 feet NGVD), with the exception of driveways, walkways,
transition areas, green infrastructure (e.g., vegetated swales, permeable
pavement, rain gardens, and rainwater/stormwater capture and infiltration
devices), and areas where existing landscaping is to be preserved, which
may have a lower elevation. When in conflict with the maximum elevation
requirements as outlined in paragraph c. below, the minimum elevation
requirements shall still apply.
2. Exemptions. The minimum yard elevation requirements shall not apply to
properties containing single family homes individually designated as
historic structures, or to properties with single-family homes designated
as 'contributing' within a local historic district.
bc. Maximum yard elevation requirements. The maximum elevation of a required yard
shall be in accordance with the following, however in no instance shall the
elevation of a required yard, exceed the minimum flood elevation, plus freeboard:
1. Front Yard. The maximum elevation within a required front yard shall not
exceed adjusted grade, of 30 inches above grade, or future adiusted grade,
whichever is greater. In this instance the maximum height of any fence(s) or
wall(s) in the required front yard, constructed in compliance with Section 142-
1132 (h), "Allowable encroachments within required yards", shall be measured
from existing grade.
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2. Interior Side Yards (located between the front setback line and rear property
line).The maximum elevation shall not exceed adjusted grade, or 30 inches
above grade, whichever is greater, except:
a. When the average grade of an adjacent lot along the abutting side yard is
equal or greater than adjusted grade, the maximum elevation within the
required side yard shall not exceed 30 inches above adjusted grade.
b. When abutting a vacant property, the maximum elevation within the
required side yard shall not exceed 30 inches above adjusted grade.
c.. Notwithstanding the above, when abutting property owners have jointly
agreed to a higher elevation, both side yards may be elevated to the
same higher elevation through the submission of concurrent building
permits, not to exceed the minimum required flood elevation. In this
instance the maximum height of any fences or walls along the adjoining
property lines, constructed in accordance with Section 142-1132 (h),
Allowable encroachments within required yards, shall be measured from
the new average grade of the required side yards.
3. Side Yard Facing a Street. The maximum elevation within a required side yard
facing a street shall not exceed adjusted grade of 30 inches above grade, or
future adjusted grade, whichever is greater. In this instance the maximum
height of any fence(s) or wall(s) in the required side yard facing a street,
constructed in compliance with Section 142-1132 (h), "Allowable
encroachments within required yards", shall be measured from existing grade.
4. Rear Yard. The maximum elevation for a required rear yard, (not including
portions located within a required sideyard or sideyard facing the street), shall
be calculated according to the following:
a. Waterfront. The maximum elevation shall not exceed the
base flood elevation, plus freeboard.
b. Non-waterfront. The maximum elevation shall not exceed adjusted grade, or
30 inches above grade, whichever is greater, except:
i. When the average grade of an adjacent lot along the abutting rear yard is
equal or greater than adjusted grade, the maximum elevation within the
required rear yard shall not exceed 30 inches above adjusted grade.
ii. When abutting a vacant property, the maximum elevation within the
required rear yard shall not exceed 30 inches above adjusted grade.
iii. Notwithstanding the above, when abutting property owners have jointly
agreed to a higher elevation, both rear yards may be elevated to the
same higher elevation through the submission of concurrent building
permits, not to exceed the minimum required flood elevation. In this
instance the maximum height of any fences or walls along the adjoining
property lines, constructed in accordance with Section 142-1132 (h),
Allowable encroachments within required yards, shall be measured from
the new average grade of the required rear yards.
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5. Stormwater retention. In all instances where the existing elevation of a site is
modified, a site shall be designed with adequate infrastructure to retain all
stormwater on site in accordance with all applicable state and local regulations.
6. Retaining wall and yard slope requirements. Within the required front yard and
within the required sideyard facing a street the following shall apply;
1. Within the first four (4) feet of the property line, the maximum height of
retaining walls shall not exceed 30 inches above existing sidewalk
elevation, or existing adjacent grade if no sidewalk is present.
2. When setback a minimum of four (4) feet from the property line, the
maximum height of retaining walls shall not exceed 30 inches above
adjacent grade.
3. Retaining walls shall be finished with stucco. stone. or other high quality
materials, in accordance with the applicable design review or
appropriateness criteria of Section 142-105.
3. The maximum slope of the required front and sideyard facing a street
shall not exceed 11% (5:1 horizontal:vertical).
SECTION 4. 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.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EXCEPTIONS.
This ordinance shall not apply to anyone who filed a completed application package for
Board of Adjustment, Historic Preservation Board or Design Review Board Approval with the
Planning Department on or before June 8, 2016; or anyone who obtained a Building Permit
Process Number from the Building Department on or before June 8, 2016.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect on June 8, 2016.
PASSED AND ADOPTED this 11 day of `ke , 2016. ,.
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INCORP ORATED: ' APPROVED AS TO FORM
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AND LANGUAGE•• =� AND FOR EXECUT •N
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+141, City Attorney ' Date
First Reading: April 13, 2016
Second Reading: May 11, 2016
tit
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
+l = deleted language
[Sponsored by Commissioner Joy Malakoff]
T:\AGENDA\2016\May\Planning\Height, Flood, Grade, and Yard Elevations Ch 114 and 142 - 2nd Reading ORD -
ADOPTED.docx
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