2017-4098 Ordinance OCEAN TERRACE OVERLAY— BALCONY PROJECTIONS
ORDINANCE NO. 2017-4098
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," OF THE LAND DEVELOPMENT REGULATIONS, AT
ARTICLE III "OVERLAY DISTRICTS", DIVISION 11 "OCEAN TERRACE
OVERLAY," AT SECTION 142-870.1, ENTITLED "COMPLIANCE WITH
REGULATIONS," TO ALLOW EXTERIOR UNENCLOSED PRIVATE
BALCONIES FOR BUILDINGS SITUATED ON PROPERTIES WITH AN
UNDERLYING DESIGNATION OF MXE TO ENCROACH TEN (10) FEET INTO
THE FRONT YARD SETBACK; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development within the North Beach area; and
WHEREAS, consumer preferences in Miami Beach, especially for properties near the
ocean, are to have large exterior balconies; and
WHEREAS, the City of Miami Beach desires to allow new construction to meet the
consumer preferences for large exterior balconies as long as the balconies meet other
performance criteria provided in the land development regulations; and
WHEREAS, the amendment set forth below is 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. That Chapter 142, Article III, Division 11 entitled "Ocean Terrace Overlay", is
hereby amended as follows:
Sec. 142-870.1. —Compliance with regulations.
* * *
(b) Allowable encroachments and projections, consistent with Section 142-1132(o), within
required yards.
(1) Exterior unenclosed private balconies and pool decks.
a. For buildings situated on properties with an underlying designation
of CD-2, allowable encroachment is 7.5 feet into any required
yard.
b. For buildings situated on properties with an underlying designation
of MXE:
1. Allowable front yard encroachments are:
i. Twelve feet for the pedestal, and
ii. Ten (10) Eight (8)feet for the tower.
SECTION 2. 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 re-lettered
to accomplish such intention, and, the word "ordinance" may be changed to "section", "article",
or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
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 17 day of M A t/ , 2017.
MAYOR
ATTEST:A, di
Z
CITY C RK
" ,AC ���� APPROVED AS TO
F ,. •. ��* FORM AND LANGUAGE
s '' & FOR EXECUTION
o
;.`;
,, City Attorney Date
First Reading: April 26, � ,�
Second Readi _: May 17 20„. . :. 0
Verified by: I L' k
Thomas Money, P
Planning Direct.
Underscore denotes new language
denotes removed language
T:\AGENDA\2017\4 -April\Planning\Ocean Terrace Overlay Regulations BALCONY PROJECTIONS - First Reading
ORD.docx
Ordinances - R5 J
M AM I BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 17, 2017
10:45 a.m. Second Reading Public Hearing
SUBJECT: OCEAN TERRACE OVERLAY- BALCONY PROJECTIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," OF THE LAND DEVELOPMENT
REGULATIONS, AT ARTICLE III "OVERLAY DISTRICTS", DIVISION 11
"OCEAN TERRACE OVERLAY," AT SECTION 142-870.1, ENTITLED
"COMPLIANCE WITH REGULATIONS," TO ALLOW EXTERIOR
UNENCLOSED PRIVATE BALCONIES FOR BUILDINGS SITUATED ON
PROPERTIES WITH AN UNDERLYING DESIGNATION OF MXE TO
ENCROACH TEN (10) FEET INTO THE FRONT YARD SETBACK;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On February 8, 2017, at the request of Commissioner Joy Malakoff, the City Commission
referred the subject ordinance to the Land Use and Development Committee for discussion
and recommendation (item C40).
On February 15, 2017, the Land Use Committee discussed the proposal and recommended
that the City Commission refer the Ordinance to the Planning Board (item C4F). On March 1,
2017, the City Commission referred the proposed ordinance to the Planning Board.
PLANNING ANALYSIS
The proposed draft ordinance would amend the maximum allowable balcony projections within
the Ocean Terrace Overlay District. Specifically, the proposed ordinance would amend the
allowable encroachment of a balcony at the tower level into the front yard from the current eight
(8') feet to ten (10') feet for those buildings with an underlying designation of MXE. Since the
review and approval of the Historic Preservation Board is required for such balcony projections,
the proposed two (2') foot increase would still be subject to compliance with the Certificate of
Appropriateness criteria.
Page 502 of 878
PLANNING BOARD REVIEW
On March 28, 2017, the Planning Board transmitted the proposed Ordinance Amendment to
the City Commission, with a favorable recommendation.
UPDATE
The subject ordinance was approved at First Reading on April 26, 2017, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner Joy Malakoff
ATTACHMENTS:
Description
❑ Form Approved Ord - Ocean TenBalcony
Page 503 of 878