2002-3379 ORD
ORDINANCE NO. 2002-3379
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,
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 2. "RS-
1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICT;" SECTION 142-
105 "DEVELOPMENT REGULATIONS AND REQUIREMENTS," BY INCLUDING
LOT COVERAGE AND STRUCTURE SIZE REQUIREMENTS; SECTION 142-106
"SETBACK REQUIREMENTS FOR SINGLE-FAMILY DETACHED DWELLING"
BY MODIFYING SETBACK REQUIREMENTS; DIVISION 4. "SUPPLEMENTARY
YARD REGULATIONS;" SECTION 142-1132 "ALLOWABLE
ENCROACHMENTS," BY MODIFYING THE REGULATIONS FOR ACCESSORY
BUILDINGS IN SINGLE FAMILY DISTRICTS; DIVISION 5. "HEIGHT
REGULATIONS," SECTION 142-1161 "HEIGHT REGULATIONS EXCEPTIONS,"
BY CLARIFYING EXCEPTIONS IN SINGLE-FAMILY DISTRICTS; PROVIDING
CODIFICATION, REPEALER, APPLICABILITY, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, recent new construction has resulted in out-of-scale development in
comparison to 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, the privacy, attractive streetscapes and the pedestrian and human scale ofthe
City's single-family neighborhoods, are important qualities to protect; and
WHEREAS, the City Commission believes that regulations should be created that address
the bulk, size and height of new construction; and
WHEREAS, these regulations will ensure that the public health, safety and welfare will be
preserved in the City's Single-Family districts.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSIO~ OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Sec. 142-105. Development regulations and area requirements.
(a) RS-1, .RS-2, RS-3, RS-4 districts. The development regulations for the RS-1, RS-2, RS-3,
RS-4 single-family residential districts are as follows:
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c. At least 2Q thirty (30) percent of the required front yard area and thirty (30) percent
required side yard area facing a street shall be sodded or landscaped pervious open
space, with the exception of driveways and paths leading to the building, paving
may not extend any closer than five feet to the front of the building.
d. In no instance shall the elevation of any reauired yard be hiaher than one-half (%) the
difference between Grade. as defined in Section 114-1. and the minimum reauired flood
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elevation.
G~. The construction shall be in conformance with the requirements of Article IV,
Division 7 of this chapter with respect to exterior facade paint and material colors.
(b) Lot width, unit size and building requirements. The lot area, lot width, unit size and building
height requirements for the RS-1, RS-2, RS-3, RS-4 single-family residential districts shall
be as follows:
Minimum Minimum Lot Minimum Maximum Building Maximum
Lot Area Width (Feet)* Unit Size Height ~ Number
(Square (Square of Stories
Feet) Feet)
RS-1 = RS-1 = 100 1,800 25 feet or 50% of lot 3
. 30,000 width, whichever is
RS-2 = RS-2 = 75 greater, up to a
maximum of 33 feet;
18,000 heioht shall be
RS-3 = RS-3 = measured from Grade,
10,000 oceanfront: 50 as defined in Section
114-1.
all other: 60
RS-4 = RS-4 = 50
6,000
*Except those lots fronting on a cul-de-sac or circular street as defined in lot width.
(c) Lot Coveraae (buildina footprint). Buildinos or structures shall not OCCUpy more than thirty-
five (35) percent of the lot area upon which the buildino or structure is erected; except that
one-story structures on lots that have an area of 10,000 square feet or less shall be subiect
to existino setback reoulations, but in no instance shall exceed fifty (50) percent of the lot
area. For purposes of this section, a one-story structure shall not exceed eiohteen (18) feet
in heioht as measured from orade.
For purposes of calculatino Lot Coveraoe, the footprint shall be calculated from the exterior
face of exterior walls and the exterior face of exterior columns on the oround floor of all
principal and accessory buildinos. or portions thereof. However. outdoor covered areas,
such as, but not limited to, loooias. covered patios. peroolas. etc.. that are open on at least
two sides. and not covered by an enclosed floor above. shall not be included in the Lot
Coveraae calculation.
A maximum offour hundred (400) square feet of non-airconditioned oaraoe space shall not
be counted in Lot Coveraoe if the oaraoe is set back an additional five (5) feet from the
main buildino line facino the rioht-of-way. or the oaraoe is constructed with vehicular
entrance(s) perpendicular or not visible from the rioht-of-way. or if the oaraoe entrance is
not part of the principal facade of the buildina.
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@ Heiaht restriction. The heiQht reQulation exceptions contained in Section 142-1161 shall not
apply to the RS-1, 2, 3, and 4 zoninQ districts. The followinQ exceptions shall apply, and
unless otherwise specified, shall not exceed ten (10) feet above the roofline ofthe structure:
ill Chimneys and air vents, not to exceed five (5) feet in heiQht.
@ Decks, not to exceed six (6) inches above the main roofline and not exceedinQ a
combined deck area of fifty (50) percent of the enclosed floor area immediately one
floor below.
m Decorative structures used only for ornamental or aesthetic purposes such as
spires, domes, belfries, and covered structures, which are open on all sides, which
are not intended for habitation or to extend interior habitable space. Such structures
shall not exceed a combined area of twenty (20) percent of the enclosed floor area
immediately one floor below.
~ Radio and television antennas.
@ Parapet walls, not to exceed three and one half (3%) feet above the maximum
permitted heiQht.
@ Stairwell and elevator bulkheads.
ill SkyliQhts, not to exceed five (5) feet above the main roof line.
.@} Air conditioning and mechanical equipment not to exceed five (5) feet above the
main roof line
(e) Non-conformina structures. ExistinQ sinQle-family structures nonconforminQ with respect to
lot coveraQe, may be repaired, renovated or rehabilitated reQardless of the cost of such
repair, renovation or rehabilitation, notwithstandinQ the provisions of Chapter 118, Article IX,
"Nonconformances." Should such an existinQ structure constructed prior to October 1,
1971, be completely destroyed due to fire or other catastrophic event, such structure may
be replaced reQardless of the lot coveraQe reQulations existinQ at the time of destruction.
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SECTION 2. Sec. 142-106. Setback Requirements.
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((2). Side, interior: The sum of the side yard width shall be at least 25 percent of the lot
width, but not to exceed 50 feet; anyone side yard shall have a minimum of 7 1/2
feet. '.I\'hen an existing building has a minimum fi'.'e foot side yard setback, the
setback of new construction in connection '''lith the existing building may be allowed
to follow the existing building line. The maintenance of the minimum required side
yard setback shall apply to the linear extension of a single story building or the
construction of a second floor addition to existing single family buildings.
(3) Side, facing a street: The setback requirement for a side facing a street shall be 15
feet minimum
@ Side Yards:
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a. The sum of the reQuired side yards shall be at least twenty-five (25) percent
of the lot width. but not to exceed fifty (50) feet.
b. Interior Sides: Anyone interior side yard shall have a minimum of ten (10)
percent of the lot width or seven and one half (7%) feet, whichever is
greater. When an existina buildina has a non-conformina side yard setback
of at least five (5) feet, the setback of new construction in connection with
the existina buildina may be allowed to follow the existina buildina lines. The
maintenance of the non-conformina side yard setback shall apply to the
linear extension of a sinale stOry buildina. as lona as the addition does not
exceed eiahteen (18) feet in heiaht, as measured from Grade, This shall
also apply to the construction of a second floor addition to existina sinale-
family buildinas as of Auaust 10. 2002. The construction of a around floor
addition of two stories or more shall follow the reQuired setbacks.
{3}
c.
Side. facing a street Each reQuired side yard facina a street shall be no less
than ten (10) percent of the lot width or fifteen (15) feet, whichever is
greater. The setback requirement for a side facing a street shall be 15 feet
minimum.
I
SECTION 3. Sec. 142-1132. Allowable encroachments within required yards.
(a) Accessol}' buildings.
ill In all districts, except sinale-family districts. accessory buildings which are not a part of
the main building may be constructed in a rear yard, provided such accessory building does
not occupy more than 30 percent of the area of the required rear yard and provided it is not
located closer than 7% feet to a rear or interior side lot line and 15 feet when facing a street.
Areas enclosed by screen shall be included in the computation of area occupied in a
required rear yard lot but an open uncovered swimming pool shall not be included.
(2) In sinale family districts. accessory buildinas shall follow the reaulations in (a)(1) above
except that
a. Setbacks. A two-stOry accessory structure shall not be located closer than
seven and one-half (7%) feet to an interior side lot line. or the reQuired side yard
setback. whichever is areater. and a rear setback of fifteen (15) feet.
b. Heiaht. Accessory buildinas shall be limited to two stories. The maximum
heiaht above Grade shall not exceed eiahteen (18) feet for a one-story structure
and twenty-five (25) feet for a two-stOry structure.
c. Uses. Accessory buildinas shall be limited to uses that are accessory to the
main use. includina but not limited to aaraae. carport. peraola. cabana. aazebo,
maid's or auest's Quarters, Components of the main structure. such as detached
bedrooms or any habitable area of the sinale-family structure shall not be
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considered accessory uses.
d. Utilities. Accessory buildinQs may contain heatinQ and air conditioninQ,
washers and dryers, toilets, bar sinks and showers, but may not have full kitchen
facilities. An outdoor built-in barbecue Qrill or similar cookinQ eQuipment shall be
allowed as an accessory use, as may be permitted by the fire marshal and in
accordance with the reQulations contained in any applicable safety code or Florida
BuildinQ Code.
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*
(f) Central air conditioners and other mechanical eQuipment. Accessory central air conditioners
and any other mechanical eQuipment may occupy a required side or rear yard, in single-
family, townhome, or in the RM-1 residential multifamily low intensity districts, provided that:
(1 ) They are not closer than five feet to a rear or interior side lot line or ten feet to a side
yard facing a street.
(2) The maximum height of the AlC units +Aey sRall- does not exceed a height of w.(()
feet six inches five (5) feet above the elevation. as defined in Section 142-1 05(a)1.e,
of the lot at which they are located, sidewalk elevation.
(3) Any required sound buffering equipment is located outside the minimum five-foot
yard area specified in subsection (f)( 1) of this section.
(4) If the central air conditioninQ and other mechanical eQuipme'nt do not conform to
sections (1), (2), and (3) above, then such eQuipment shall follow the setbacks of
the main structure.
(g) Driveways. Driveways and parkinQ spaces leadinQ into a property located in single-family
and townhome districts shall have a minimum four foot setback of four (4) feet from the side
property line~. Driveways and parkinQ spaces parallel to the front property line shall have a
minimum setback of five feet from the front property line
(h) Fences, walls, and gates. Regulations pertaining to materials and heights forfences, walls
and gates are as follows:
(1) All districts except 1-1:
a. Within the required front yard, fences, walls and gates shall not exceed five
@ feet measured from Grade. The height may be increased up to a
maximum total height of seven ill feet if the fence, wall or gate is set back
from the front property line. Height may be increased one ill foot for every
two @ feet of setback.
b. Within the required rear or side yard, fences, walls and gates shall not
exceed seven ill feet measured from Grade, except when such yard abuts
a public right-of-way, waterway or golf course, the maximum height shall not
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exceed five @ feet.
SECTION 4. Sec. 142-1161. Height regulation exceptions.
For all districts. except RS 1,2. 3 and 4, (sinale-familv 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 sinale-familv residential districts. see Sec. 142-105(d).
SECTION 5. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith are hereby repealed.
SECTION 6. 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 renumbered or relettered to accomplish such intention;
and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 7. APPLICABILITY.
Notwithstanding the provisions of Section 118-168(a) of the City Code regarding the
enforcement of amendments to the land development regulations, for purposes of this ordinance,
applications for building permits for new construction or renovations of single-family homes that
have received a process number from the City of Miami Beach Building Department by July 10,
2002, may obtain a full building permit based upon the plans originally submitted, as long as the
plans are in substantial compliance with the originally submitted plans.
SECTION 8. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect ten days fa
PASSED AND ADOPTED this 31st day of
MAYOR
Ordinance No. 2002-3379
First Reading: July 10, 2002
Second Reading: July 31,2002
APPROVED AS TO FORM
AND LANGUAGE &
FOR EXECUTION
~~{h
City Attorney ~
F:\PLAN\$PLB\2002\FILE 1521-SF ORD\1521 SF-FINAL READING 7-31-02.DOC
70f7
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Date
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
Second Reading, Public Hearing to consider a proposed Ordinance amending the Single-Family
Development Regulations.
Issue:
Should the Single-Family Development Regulations be amended in order to provide for:.
1) An increase in the required landscaped area of the required front yard from 20o/p to ,30%;
2) A lot coverage (footprint of structures) of 35% of the lot area;
3) To include height regulation exceptions (Le., television antennas, chimneys, decorative structures) in
the RS Single-Family Development Regulations;
4) To modify the existing setback regulations so that the siting of new homes results in a structure that is
more centered on the property.
5) To include regulations that would restrict accessory structures to two stories and a maximum h~ght of
25 feet from Grade, and clarify the uses permitted in such accessory structures. .
In order to address out-of-scale development in comparison to the built character of the single-family
neighborhoods in the City of Miami Beach, should the Single-Family Development Regulations be
amended?
Item Summary/Recommendation:
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
At the May 28, 2002 meeting, the Planning Board voted 6-0 (1 absent) to recommend to the City
Commission approval of the proposed Ordinance.
Financial Information:
Amount to be expended:
CJ
Finance Dept.
Source of
Funds:
City Clerk's Office Legislative Tracking:
I Jorge Gomez
Sign-Offs:
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T:\AGENDA\2002\JUL3102\REGULAR\1521 sf 2nd rang sum.doc
AGENDA ITEM
DATE
IIsD
7-3/-()'J-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.f1.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \ d
City Manager U
Date: July 31,2002
To:
Second Reading Public Hearing
Subject: Proposed Amendments To The Development Regulations For Single-Family Homes.
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,
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 2.
"RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICT;"
SECTION 142-105 "DEVELOPMENT REGULATIONS AND REQUIREMENTS,"
BY INCLUDING LOT COVERAGE AND STRUCTURE SIZE REQUIREMENTS;
SECTION 142-106 "SETBACK REQUIREMENTS FOR SINGLE-FAMILY
DETACHED DWELLING" BY MODIFYING SETBACK REQUIREMENTS;
DIVISION 4. "SUPPLEMENTARY YARD REGULATIONS;" SECTION 142-1132
"ALLOWABLE ENCROACHMENTS," BY MODIFYING THE REGULATIONS
FOR ACCESSORY BUILDINGS IN SINGLE FAMILY DISTRICTS; DIVISION 5.
"HEIGHT REGULATIONS," SECTION 142-1161 "HEIGHT REGULATIONS
EXCEPTIONS," BY CLARIFYING EXCEPTIONS IN SINGLE-FAMILY
DISTRICTS; PROVIDING CODIFICATION, REPEALER, APPLICABILITY,
SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the ordinance.
OVERVIEW
In the previous Commission Memorandum (Attachment 1) the Administration presented the
research and methodology used to prepared the proposed amendment to the development
regulations for the RS Single Family zoning districts. The intent of these proposed
regulations is to preserve the city's identity as a place where pedestrian and human scale
of the single-family neighborhoods are not affected by massive construction; a place where
the image and environmental quality are preserved; and where the public health, safety and
welfare are safeguarded.
At the July 10, 2002 meeting, on first reading public hearing, the Commission approved the
proposed ordinance with the following amendments:
Commission Memorandum
July 31,2002
Public Hearing - Single family districts development regulations
Page 2 of 8
1. Section 1, paragraph (c) - in order to further encourage the construction of one story
homes, increase the size of lots that qualify for the exception on lot coverage.
2. Section 1, paragraph (e) - expand exception for structures non-conforming with
respect to lot coverage to allow restoration after total destruction for structures
constructed prior to a certain date,
3, Section 2, paragraph (2)b. - modify the setback requirements with respect to additions
that follow existing non-conforming setbacks to allow rear one-story additions and a
second-story addition to the existing house to follow the nonconforming 5-ft. side yard
setback.
4. Section 3, paragraph (a) (1) - allow accessory structures to be two stories with 12%
ft. side and rear setbacks, and modify the height.
5, Section 3, paragraph (f) (2) - modify maximum height of AlC units to 5 ft,
6. Section 7, Applicability - change the date to July 10, 2002,
In addition to these amendments, the Commission also requested that staff conduct more
research in order to make a better determination of how many existing homes may become
nonconforming with regard to the 35% lot coverage.
ANALYSIS
The four separate single-family districts are characterized by minimum lot size and minimum
lot width as shown on the table below.
Minimum Lot Area (Square Feet) Minimum Lot Width (Feet).
RS-1 = 30,000 RS-1 = 100
RS-2 = 18,000 RS-2 = 75
RS-3 = 10,000 RS-3 = oceanfront: 50; all other: 60
RS-4 = 6,000 RS-4 = 50
The RS-1 zoning district exists in three areas of the city: All of Star Island, the eastern
portion of Palm Island and a waterfront area generally bounded by Pine Tree Drive on the
west, Indian Creek on the east, 44th Street on the south and about 50th Street on the north.
There several RS-2 zoning districts, which are generally waterfront areas, but smaller lot
sizes. The RS-3 districts are more spread out throughout the City; and the RS-4 districts are
Commission Memorandum
July 31, 2002
Public Hearing - Single family districts development regulations
Page 3 of 8
the most prevalent. The attached map shows the location of the different single-family
zoning districts (See attachment 2),
With regard to the amendment NO.1 above, Planning staff reviewed where thresholds could
be established to encourage one-story homes, Currently the proposed ordinance allows lots
that are 7,500 square feet or less to build up to 50% of the lot area. This would result in a
structure that is 3,750 square feet. The same lot size, with coverage of 35% of the lot area,
could result in a structure that is 5,250 square feet, two stories high.
If the threshold for the 50% lot coverage were to be extended to lots that are 10,000 square
feet (the RS-3 district minimum lot requirement), the result would be a one-story structure
that is 5,000, However, the same lot size, at 35% lot coverage, would result in a two-story
structure that is 7,000 square feet. Although based on these studies it appears that the 50%
lot coverage for one-story structures may not create a strong incentive for this alternative,
it does create the opportunity for someone wishing to develop a smaller one-story home
without the added burden of providing the required coverage. However the proposed
ordinance has been modified to place the threshold for 50% lot coverage at lots 10,000
square feet or less.
The table below shows what the buildable area is according to lot size. It is clear that not
all lot will be able to go to a maximum of 50% after the required setbacks are considered.
This table does not consider properties with a side yard facing a street, in which case, the
remaining buildable lot area would be less than shown on the table,
Sample Dimensions Setbacks (feet) Buildable Buildable Percentage of
lot size (feet) dimensions area (square lot available for
(square Sum of Front Rear (feet) feet) building
feet) sides
6000 50 x 120 15 20 20 35x80 2800 46.6
13,125 75x175
15,000 75 x 200
18,400 80 x 230
30,000 100 x 300
18.75
18.75
20
25
20
20
20
20
26.25
30
34.50
45
56.25 x 128.75 7242.18
56.25 x 150 8437.50
60 x 175.50 10,530
75 x 235 17,625
55.17
56.25
57.22
58.75
Commission Memorandum
July 31, 2002
Public Hearing - Single family districts development regulations
Page 4 of 8
All other amendments requested by the Commission have been incorporated into the
proposed ordinance.
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With regard to the request that a better determination be made of how many existing homes
may become nonconforming with regard to the 35% lot coverage, Planning staff had to make
some assumptions as the Miami-Dade County Appraiser's Office database did not provide
all the necessary information. For instance, the Appraiser's information shows how many
stories and the square footage of the structure, but not how large each floor is. The outcome
of that research is as follows:
The proposed ordinance requires that a new single family house have a footprint that is 35%
of the lot area. This would limit the total floor area of a 2-story home to 70% of the lot square
footage, and a 3-story home to 105%. A one-story home on a small lot is allowed to build
to 50% of the lot square footage, The range for considering a lot "small" is if it is 10,000
square feet or less in size.
The square footage of each home, and the square footage of each lot were compared to
give a ratio of home size to lot size, Where the ratio was 0.50 or greater, (Le, the home
square footage is equal to 50% or more of the lot square footage), the property was
researched to determine how many floors exist. If a property with a ratio of more than 0.5
is only one story, then it will become nonconforming under the new regulations. If a two-
story property has a ratio higher than 0,70, then it too will be nonconforming.
The data was analyzed with the following assumption:
The second floors of two-story homes were the same size as the ground floor. This is not
an uncommon occurrence, and even if the second floor were somewhat smaller than the
ground floor, the results of the analysis would not be significantly different, since there were
very few homes near the threshold.
Analvsis Results - Number of homes that would be non-conforming as a result of the
proposed regulations.
RS-1 (lots 30,000+ square feet) - 0 homes out of 70 in sample
RS-2 (lots 18,000+ square feet) - 0 homes out of 84 in sample
RS-3 (lots 10,000+ square feet) - 1 home out of 211 in sample
RS-4 (lots 6,000+ square feet) -1 home out of 349 in sample
Commission Memorandum
July 31, 2002
Public Hearing - Single family districts development regulations
Page 5 of 8
Proposed Amendments
In order to facilitate the distinction between the ordinance proposed at the July 10, 2002
Commission meeting and the modified version as requested by the Commission, this report
shows strikethrough words being modified and underline words as their replacement. These
modifications have been incorporated in the ordinance attached.
1. Section 142-105. "Development Regulations and Area Requirements"
Currently, there are no regulations that restrict maximum building coverage (building
footprint). The revised ordinance addresses the building coverage or footprint by
proposing that buildings or structures shall not occupy more than 35% of the lot area
upon which the building or structure is erected, except that a one-story structure on
a lot that is 7WG 10,000 square feet or less could occupy up to a maximum of 50%
of the lot area. The reason for the exception is to encourage one-story homes, which
would be less of an impact on the adjoining neighbors, as the height is also restricted
to a maximum of 18 feet from Grade. These regulations would apply to all the single-
family zoning districts. As an alternative, the Commission could exceed this
exemption for one-story homes for lots of any size. The Administration would suggest
that this is not really needed as a two-story structure on larger lots generally have less
of an impact on adjacent properties and the character of the neighborhood in general.
The proposal also includes a definition for the term "Lot Coverage (building footprint),
so that the meaning is clear. In addition, the ordinance proposes to retain the number
of stories and height currently permitted in the Code. The idea behind retaining the
existing regulations regarding the number of stories is that the height will be the
limiting factor on how to distribute the interior volume of the structure.
Further, new language is added requiring a larger percentage of landscaped area in
the required front yard, increasing this requirement from 20% to 30%, The proposal
also includes regulations for the minimum elevation of any required yard in
relationship to Grade, as defined in Chapter 114 of the Code. The additional
language ensures that if a property needs to be filled to meet the required minimum
flood elevation, the side yards will not be elevated more than % the difference
between Grade and the minimum flood, and helps reduce the impact on the adjacent
properties, For example, if the elevation at Grade is 5 feet, but the required minimum
flood elevation is at 8 feet, the side yards can only be filled up to an elevation of 6 Y:z
feet.
Additionally, a new section is added, which deals with structures that may be
rendered non-conforming with respect to lot coverage. What this language does is
ensure that if a structure needs to be repaired, renovated or rehabilitated, the work
could be done regardless of the cost. However, if the structure is completely
destroyed, the new construction will ha'/o to aclhoFO to tho ROW r-ogulations be allowed
to be reconstructed without complvina with the lot coveraae reaulation.
Commission Memorandum
July 31, 2002
Public Hearing - Single family districts development regulations
Page 6 of 8
Amendments to this section of the Code address height regulation exceptions
contained in Section 142-1161 and transfer pertinent portions that specifically apply
to the single-family development regulations section of the Code. Section 142-1161
is modified by adding a reference that directs the reader to the single-family
development regulations, This amendment is necessary because the height
exceptions included in Sec. 142-1161 were written generally for multifamily and
commercial structures and the application of those regulations to single-family homes
are disproportionate and out of context.
The proposed changes to this section clarify the height regulation exceptions for
single-family districts to be no more than 10 feet above the roofline of the structure,
unless specifically specified to have a lesser height. These height exceptions include
trellises, pergolas and other similar structures that may be covered, but open on at
least two sides, radio and television antennas, parapet walls, chimneys and air vents,
The Planning Department had suggested other regulations that would limit the total
square footage of the house, but after meeting with the community, could not develop
support for this concept.
2. Section 142-106. "Setback Requirements"
The existing side yards setback requirements were slightly modified. The current
regulations read:
Side, interior: The sum of the side yard width shall be at least 25 percent of the lot
width, but not to exceed 50 feet; anyone side yard shall have a minimum of 7J12 feet.
This section of the Code is proposed to be modified so that the interior side yards will
have a minimum of 10% of the lot width or 7% feet, whichever is greater. What
happens quite often on large lots is that the main structure is sited with a minimum
7% feet side yard on one side and a very large setback on the other side yard,
adversely impacting one adjacent property more than another. This proposal would
result in structures that are slightly more centered on the property, which would also
allow for more light and air between properties. This proposal affects lots wider than
75 feet.
The second part of this proposed amendment to the side yard setbacks would affect
additions to any existing home. The current regulations read as follows:
When an existing building has a minimum five-foot side yard setback, the setback of
new construction in connection with the existing building may be allowed to follow the
existing building line. The maintenance of the minimum required side yard setback
shall apply to the linear extension of a single story building or the construction of a
second floor addition to existing single-family buildings.
Commission Memorandum
July 31, 2002
Public Hearing - Single family districts development regulations
Page 7 of 8
At the July 10, 2002 meeting, the Commission requested that this section of the Code
be amended to allow a second floor addition over an existing home to follow the
existing setback, but that a ground floor addition of two stories or more conform to the
required setbacks, These modifications have been incorporated into the proposed
ordinance.
3, Section 142-1132. "Allowable Encroachments"
The proposed amendments to this section address the accessory buildings or
structures in single-family districts, including the permitted uses for the accessory
structures and the height restriction for these structures, The current regulations only
address the siting of an accessory structure, but do not address the uses that may
be permitted for accessory structures, nor the height of these structures,
There have been occasions where accessory structures have been built as permitted
by Code, but two or three stories high. These massive structures which are currently
permitted to encroach into required yards, adversely impact adjoining neighbors, and
diminish light and air between properties. The proposed regulations restrict these
structures to ono story two-stories: a maximum of 18 feet in height for a one-story
structure and 25 feet in height for a two-story structure; height is to be measured from
Grade; and a 12 Y:z feet setback from the rear and side lot lines for the two-storv
accessorv structure. These regulations also clarify that the uses in these structures
are accessory to the main house, such as a garage, cabana, maids' quarters or
guests' quarters. The proposed language also clarifies that components of the main
structure, such as detached bedrooms or any habitable area of the main house, are
not considered accessory structures, and as such shall follow the required setbacks
as provided in the Code. These regulations also clarify that an accessory structure
may contain heating and air conditioning, washers and dryers, bathrooms, but may
not have full kitchen facilities, however an outdoor built-in barbecue or similar cooking
equipment may be allowed. This clarifying language is important because it makes
the Code very clear that the intent of accessory structures is not to create a separate
apartment unit.
This section of the proposed ordinance also addresses the maximum height of central
air conditioners and other mechanical equipment occupying a required yard which will
be modified to read a maximum height of five feet instead of the three feet now
proposed; This section also addresses the height of fences in relationship to Grade.
4. Section 142-1161 "Height Regulations Exceptions"
This proposed amendment includes language that directs the reader to the single-
family development regulations for the height regulation exceptions, The height
exceptions included in the proposed ordinance refer to elements such as chimneys
and air vents, loggias, and decorative structures, which may exceed the height of a
house to a maximum as prescribed in these regulations.
Commission Memorandum
July 31, 2002
Public Hearing - Single family districts development regulations
Page 8 of 8
In the original version of the ordinance, the overall height of the main building was
proposed to be modified. After meeting with the community, however, the maximum
heights for the main structure are not proposed to be modified.
Lastly, in order to address a concern expressed throughout this process, the proposed
ordinance contains an applicability clause that allows applications for building permits for
new construction or renovations of single-family homes, to obtain a building permit. The
clause stipulates that applications that received a process number from the Building
Department as of May 28, 2002 Julv 10. 2002 can obtain a full building permit based upon
the plans originally submitted, as long as the plans are in substantial compliance with the
originally submitted plans.
Plannina Board Action
The Planning Board held a public hearing on May 28, 2002 and voted 6-0 (1 absent) to
recommend to the City Commission approval of the proposed amendment.
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T:\AGENDA\2002\JUL3102\REGULAR\1521 sf regs- 2nd reading.doc
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.cl.miami-beach.fl.us
ATTACHMENT 1
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
. Members of the City Commission
Jorge M. Gonzalez \. ^~
City Manager U i" - 0
Date: July 10, 2002
To:
FIrst Reading Public; Hearing
Subject: Proposed Amendments To The Development Regulations For Single-Family Homes.
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,
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 2.
"RS.1, RS.2, RS-3, RS-4 SINGLE.FAMILY RESIDENTIAL DISTRICTj"
SECTION 142-105 "DEVELOPMENT REGULATIONS AND REQUIREMENTS,"
BY INCLUDING LOT COVERAGE AND STRUCTURE SIZE REQUIREMENTS;
SECTION 142.106 "SETBACK REQUIREMENTS FOR SINGLE.FAMILY
DETACHED DWELLING" BY MODIFYING SETBACK REQUIREMENTSj
DIVISION 4. "SUPPLEMENTARY YARD REGULATIONS;" SECTION 142.1132
"ALLOWABLE ENCROACHMENTS," BY MODIFYING THE REGULATIONS
FOR ACCESSORY BUILDINGS IN SINGLE FAMILY DISTRICTS; DIVISION 5.
"HEIGHT REGULATIONS," SECTION 142-1161 "HEIGHT REGULATIONS
EXCEPTIONS," BY CLARIFYING EXCEPTIONS IN SINGLE.FAMIL Y
DISTRICTS; PROVIDING CODIFICATION, REPEALER, APPLICABILITY,
SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the ordinance on first
reading and set the second reading public hearing for July 31,2002 after 5:00 p.m.
OVERVIEW
The intent of these proposed regulations is to preserve the city's identity as a place where
pedestrian and human scale of the single-family neighborhoods are not affected by massive
construction; a place where the image and environmental quality are preserved; and where
the public health, safety and welfare are safeguarded.
The problems facing our community are not unique to Miami Beach, In fact, many
communities nationwide are being confronted with "high-priced single-family real estate
markets, where developers are tearing down smaller homes to build larger ones based on
a "bigger is better" attitude. Residents of these communities are reacting strongly to the
changes in their neighborhoods and petitioning their elected officials to stop the "monster
183
Commission Memorandum
July 10, 2002
Public Hearing - Slngle-femlly districts development regulations
Page 2 of 10
homes,,,1 U.S. Census Bureau data indicates that the average single~family house built in
1998 was 2,195 square feet, compared with 1,520 square feet in 1971 - a 44% increase.
The average new home now has more bathrooms (3) than occupants (2.6).2
The literature reviewed refers to these structures as "monster" homes, "bigfoot" and
"McMansions" among other adjectives. These structures adversely impact the human scale
and existing context of the neighborhoods surrounding them. Moreover, these large homes
may also increase noise in a neighborhood, as they may require larger or more air
conditioning units and may affect the privacy of neighboring properties. In the City of
Pasadena, California, "it was a second-story addition to a one-story house that led to
passage in the early 1990's of the 'mansionization' provisions of the city's zoning code. The
house was built to the 'max' under the zoning then in effect, but it looked very large on the
lot." 3 The Pasadena amendment, similar to the one being proposed at this time, made
square footage a function of lot size.
The Town of Lexington, Massachusetts, in its report "New Larger Houses in Existing
Neighborhoods,' prepared for its Planning Board in 1997, states that in 1992, it became
evident that "tear downs" were becoming more frequent.4 The report goes on to state that
economics and availability are the principal reasons for the "tear downs. in order to create
vacant lots for new and larger construction, and that the resulting vacant lots are worth more
than with a structure sited on them.
METHODOLOGY
1. Staff started analyzing the existing regulations to determine the total impact of those
regulations, As they exist today, the regulations permit a house to be buift filling in
the entire lot, excluding the required yards, and depending on the lot width, go up to
three floors, The site plan below depicts the following scenario: Lot size: +/-10,150
sq. ft, with a building coverage (footprint) of about 52% of the lot area. Front and rear
yards total approximately 45 ft. with side yards totaling approximately 18 feet. Total
square footage of the structure is +/- 8,000 sq. ft" two floors high, which would
translate into a 78.8% of lot area. The dark rectangular line depicts the setback lines.
1 . Excerpt from a report presented at the 2000 APA Conference by Susan M. Glazer of Beals and Thomas.
Inc., tided Regulating Monster Homes.
2 U.S. Census data: persons per household 3.1 In 1971 down to 2.6 In 1997. Cited In Eckdish Knack, Ruth.
"Cutting Monster Houses Down to Size. "Planning, October 1999.
3. Ruth Eckdish Knack, AICP. "Cutting Monster Houses Down to Size. Planning, October 1999
4. "New, Larger Houses In Existing Neighborhoods." Report prepared by the Town of Lexington,
Massachusetts. July 1997.
184
Commission Memorandum
July 10,2002
Public Hearing - Slngle-family districts development regulations
Page 3 of 10
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2. Staff analyzed samples of the four single-family zoning districts to determine what are
the existing characteristics of the different neighborhoods. The four separate single-
family districts are characterized by minimum lot size and minimum lot width as
shown on the table below,
Minimum Lot Area (Square Feet) Minimum Lot Width (Feet).
RS-1 = 30,000 RS-1 = 100
RS-2 = 18,000 RS-2 = 75
RS-3 = 10,000 RS-3 = oceanfront: 50; all other: 60
RS-4 = 6,000 RS-4 = 50
The RS-1 zoning district exists in three areas of the city: All of Star Island, the eastem
portion of Palm Island and a waterfront area generally bounded by Pine Tree Drive
on the west, Indian Creek on the east, 44th Street on the south and about 50th Street
on the north. There several RS-2 zoning districts, which are generally waterfront
areas, but smaller lot sizes. The RS-3 districts are more spread out throughout the
City; and the RS-4 districts are the most prevalent. The attached map shows the
location of the different single-family zoning districts (See attachment 1).
The following table shows the results of the statistical sampling. It should be noted
that statistical sampling is not always accurate as many factors playa role in
obtaining correct information. For instance, in trying to arrive at an average lot size
in a particular zoning district, a few lots that may be larger than the standard
described in the City Code, may skew the results for that particular zoning district as
being larger or smaller than the standard, Staff used the sampling to test whether the
proposed regulations would render a large amount of single-family neighborhoods
non-conforming, (According to the sampling, a majority of the existing single-family
homes would not become non-conforming as to lot coverage), It also should be
noted that the data used in order to sample different single-family zoning districts,
was extracted from the Miami-Dade County Appraiser's Office, which is adjusted
I
185
Commission Memorandum
July 10, 2002
Public Hearing - Single family districts development regulations
Page4of10
square footage - certain portions of the structures, such non-habitable garage areas
or open porches, are excluded from the total size of the structure.
RS Districts
Lot, House and Lot coverage averages
Districts Average A verage House Avg. lot # in Sample
Lot size Size Coverage
RS-1 42,399 7,650 18% 70
RS-2 24,136 5,823 24% 84
RS-3 12,846 3,859 30% 211
RS-4 9,156 2,597 28% 297
3. Based on the results of the above analysis and the literature research, different
scenarios were devised, being careful that the final outcome would be equitable for
all different lot sizes and that the new regulations would protect and enhance the
single-family neighborhoods, At this point, staff formulated different hypotheses with
regard to lot coverage, building volumes, and setbacks for the different lot sizes, using
the requirements for minimum lot size as they currently exist in the City Code.
4, The different hypotheses had to be proven to be workable, Staff retained an
architectural consultant to prepare schematic drawings of the different scenarios, for
both the existing regulations and applied proposals, The attached drawings depict
what can be built at this time and what the outcome was. This visual impact
facilitated the drafting of a more cOmprehensive ordinance. (See attachment No.2).
5. The final step in evaluating this project was to analyze the grade elevation citywide
and the minimum required flood elevation. The grade elevation of the city ranges
from 3 to 6 feet and the minimum required flood elevation ranges from 7 to 10 feet.
The significance of this analysis was to determine how much any new construction
would have to be raised above the existing as-built pattern ofthe city. For instance,
there is an area in Palm Island where the existing elevation is 3.76 feet and the
minimum required flood elevation is 9 feet, thus any new construction in that
particular area has to be elevated at least 5.24 feet above crown of the road before
construction starts, The difference in what is existing and what is required under
FEMA and the Florida Building Code results in a new structure that would be taller
than the surrounding neighborhood if the height is maximized to what is permitted
under the Code.
The above analysis led to a preliminary ordinance that proposed the following changes to
the existing regulations:
186
Commission Memorandum
July 10, 2002
Public Hearing - Single family districts development regulations
Page 50f10
. The front yards of singe-family homes have increasingly become large impervious areas,
therefore, increasing the amount of landscaping on the required front yard (the first 20
feet of the property) from 20% to 35% would help to reduce the impact of driveways and
parking of personal vehicles, which would have been limited to only two, Additionally, a
requirement for a landscape plan was included for new construction and for renovations,
if the renovations exceeded 50% of the value determination.
. Originally, the maximum height of the structures was not proposed to be changed,
however at the February 26, 2002 meeting, the Planning Board asked staff to study the
heights, therefore, the method of measuring height and a lowering of the heights was
included in the proposed changes. This proposed method would measure the height of
a structure from the minimum required flood elevation instead of measuring from Grade.
. A maximum building area (volume of the structure), a maximum building coverage
(footprint of the structure) and a maximum lot coverage (footprint, and pervious and semi-
pervious areas) was proposed.
. Under the current regulations, accessory structures could be built within the required rear
yard, 7% feet from the rear and side property lines as long as they do not exceed more
that 30% of that required yard. The problem with this regulation is that more often than
not, accessory structures were built two stories high, which could create an adverse
impact on the neighboring property. In this regard, a height and limitation was proposed.
At the Planning Board meeting of March 26, 2002, the Board held a public hearing on the
proposed amendments to the single-family development regulations, The methodology and
proposed amendments were discussed by members of the public present and members of
the Board, Atthe end ofthe hearing, the Board directed staff to meet with the homeowners
in an effort to inform and explain how the proposed regulations would apply. At the same
time, the Board requested that certain modifications to the regulations be made, More
specifically:
1. Study and re-evaluate the proposed language pertaining to pervious and semi-
pervious encroachments within the front yard and the landscaping requirement for the
required front yard.
2. Drop the requirement of a landscape plan for new construction and renovations,
3. Adjust the maximum building heights.
4. Adjust the maximum building area (volume of the structure) considering that the small
lots have less available lot area.
5, Include some Incentives so that garages are not the focal point of the structure.
187
Commission Memorandum
July 10. 2002
Public Hearing - Single family districts development regulations
Page6of10
6. Study and re-evaluate the total lot coverage.
7, Re-evaluate the method of measuring fence heights.
At this meeting, the Board also directed staff to hold several community meetings in addition
to the one that had already been held in February. These community meetings were
scheduled at strategic locations throughout the city in order to be able to reach the
homeowners within their neighborhoods and explain the proposed changes. These meetings
were advertised in the Miami Beach Neighbor's Section of the Miami Herald, the
homeowner's associations were notified by mail and an announcement was also carried by
TV20, the City's cable channel.
Before the first meeting. staff made changes to the proposed amendments as discussed and
directed by the Board. The same proposal was presented at all the neighborhood meetings.
. The first meeting was herd on April 30, 2002 at the Rod and Reel Club on Hibiscus
Island. The meeting was well attended and a majority of those present expressed serious
concems relative to the heights and the volume of the structures that were being
proposed, There were a few, although a very small minority, that expressed concerns
relative to the big-volume structures that are being constructed throughout the city.
. The second meeting was held on May 7, 2002, at the First Union Bank Community
Room, on the corner of Lincoln and Alton Roads, This meeting was sparsely attended.
with approximately fIVe new attendees (the balance were attendees from the first
meeting). All the new people expressed the same concerns as in the first meeting -
height and volume, No one at the meeting spoke in favor of the proposed regulations,
. The third meeting was held on May 14, 2002 at the Normandy Shores Clubhouse, Jerry
Libbin, the president of the homeowners' association invited staff to attend the
association's general meeting to make our presentation. The meeting was well attended,
(standing room only) and the recurring question was ''why are you limiting what we can
build?" ''why reduce the height?" - a recurring theme throughout the meetings.
. The last meeting was held on May 21. 2002 at Nautilus Middle School, This meeting was
sparsely attended, with only three or four new people; the other five were participants
from the first meeting, The new people expressed the same concerns - height and
volume. One new comment came out of this meeting - investigate excluding covered
but open loggias, porches and the like from the lot coverage provision,
Proposed Amendments
Based on the feedback obtained from the community. staff made changes to the proposed
ordinance, which reflect the sentiments of the people that attended those meetings.
188
Commission Memorandum
July 10, 2002
Public Hearing - Single family districts development regulations
Page 70f10
1. Section 142-105. "Development Regulations and Area Requirements"
Currently, there are no regulations that restrict maximum building coverage (building
footprint). The revised ordinance addresses the building coverage or footprint by
proposing that buildings or structures shall not occupy more than 35% of the lot area
upon which the building or structure is erected, except that a one-story structure on
a lot that is 7500 square feet or less could occupy up to a maximum of 50% of the lot
area, The reason for the exception is to encourage one-story homes, which would
be less of an impact on the adjoining neighbors, as the height is also restricted to a
maximum of 18 feet from Grade. These regulations would apply to all the single-
family zoning districts.
The proposal also includes a definition for the term "Lot Coverage (building footprint),
so that the meaning is clear. In addition, the ordinance proposes to retain the number
of stories and height currently permitted in the Code. The idea behind retaining the
existing regulations regarding the number of stories is that the height will be the
limiting factor on how to distribute the interior volume of the structure.
Further, new language is added requiring a larger percentage of landscaped area in
the required front yard, increasing this requirement from 20% to 30%, The proposal
also includes regulations for the minimum elevation of any required yard in
relationship to Grade, as defined in Chapter 114 of the Code. The additional
language ensures that if a property needs to be filled to meet the required minimum
flood elevation, the side yards will not be elevated more than Yz the difference
between Grade and the minimum flood, and helps reduce the impact on the adjacent
properties. For example, if the elevation at Grade is 5 feet, but the required minimum
flood elevation is at 8 feet, the side yards can only be filled up to an elevation of 6 Yz
feet. .
Additionally, a new section is added, which deals with structures that may be
rendered non-conforming with respect to lot coverage. What this language does is
ensure that if a structure needs to be repaired, renovated or rehabilitated, the work
could be done regardless of the cost. However, if the structure is completely
destroyed, the new construction will have to adhere to the new regulations,
Amendments to this section of the Code address height regulation exceptions
contained in Section 142-1161 and transfer pertinent portions that specifically apply
to the single-family development regulations section of the Code. Section 142-1161
is modified by adding a reference that directs the reader to the single-family
development regulations. This amendment is necessary because the height
exceptions included in See, 142-1161 were written generally for multifamily and
commercial structures and the application of those regulations to single-family homes
are disproportionate and out of context.
I
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189
Commission Memorandum
July 10,2002
Public Hearing - Single family districts development regulations
Page B of 10
The proposed changes to this section clarify the height regulation exceptions for
single-family districts to be no more than 10 feet above the roofline of the structure,
unless specifically specified to have a lesser height These height exceptions include
trellises, pergolas and other similar structures that may be covered, but open on at
least two sides, radio and television antennas, parapet walls, chimneys and air vents,
The Planning Department had suggested other regulations that would limit the total
square footage of the house, but after meeting with the community, could not develop
support for this concept.
2, Section 142-106. "Setback Requirements"
The existing side yards setback requirements were slightly modified. The current
regulations read:
Side, interior: The sum of the side yard width shall be at least 25 percent of the iot
width, but not to exceed 50 feet; anyone side yard shall have a minimum of 7J4 feet.
This section of the Code is proposed to be modified so that the interior side
yards will have a minimum of 10% of the lot width or 7% feet, whichever is
greater. What happens quite often on large lots is that the main structure is
sited with a minimum 7% feet side yard on one side and a very large setback
on the other side yard, adversely impacting one adjacent property more than
another. This proposal would result in structures that are slightly more
centered on the property, which would also allow for more light and air
between properties. This proposal affects lots wider than 75 feet.
The second part of this proposed amendment to the side yard setbacks would
affect additions to any existing home, The current regulations read as follows:
When an existing building has 8 minimum five-foot side yard setback, the setback of
new construction In connection with the existing building may be allowed to follow the
existing building line, The maintenance of the minimum required side yard setback
shall apply to the linear extension of a single story building or the construction of a
second floor addition to existing single-family buildings.
The proposed amendment stipulates that a one-story addition can follow the
non-conforming five-foot side yard setback, limiting the height of the addition
to 18 feet from Grade and strikes out the provision for a second-story addition
to follow the non-conforming setback. The Planning Board and Planning staff
believe that a second-story addition so close to the property line adversely
impacts the adjoining property.
3, Section 142-1132. "Allowable Encroachments"
The proposed amendments to this section address the accessory buildings or
structures in single-family districts, including the permitted uses for the accessory
190
Commission Memorandum
July 10, 2002
Public Hearing - Single family districts development regulations
Page 9 of 10
structures and the height restriction for these structures.. The eu.rrent regulations only
address the siting of an accessory structure, but do not address the uses that may
be permitted for accessory structures, nor the height of these structures.
There have been occasions where accessory structures have been built as permitted
by Code, but two or three stories high. These massive structures which are currently
permitted to encroach into required yards, adversely impact adjoining neighbors, and
diminish light and air between properties. The proposed regulations restrict these
structures to one-story, and a maximum of 18 feet in height above Grade. These
regulations also clarify that the uses in these structures are accessory to the main
house, such as a garage, cabana, maids' quarters or guests' quarters. The proposed
language also clarifies that components of the main structure, such as detached
bedrooms or any habitable area of the main house, are not considered accessory
structures, and as such shall follow the required setbacks as provided in the Code.
These regulations also clarify that an accessory structure may contain heating and
air conditioning, washers and dryers, bathrooms, but may not have full kitchen
facilities, however an outdoor built-in barbecue or similar cooking equipment may be
allowed. This clarifying language is important because it makes the Code very clear
that the intent of accessory structures is not to create a separate apartment unit.
This section of the proposed ordinance also addresses the maximum height of central
air conditioners and other mechanical equipment occupying a required yard and also
addresses the height of fences in relationship to Grade.
4. Section 142-1161 "Height Regulations Exceptions"
This proposed amendment includes language that directs the reader to the single-
family development regulations for the height regulation exceptions, The height
exceptions included in the proposed ordinance refer to elements such as chimneys
and air vents, loggias, and decorative structures, which may exceed the height of a
house to a maximum as prescribed in these regulations.
In the original version of the ordinance, the overall height of the main building was
proposed to be modified, After meeting with the community, however, the maximum
heights for the main structure are not proposed to be modified.
Lastly, in order to address a concern expressed throughout this process, the proposed
ordinance contains an applicability clause that allows applications for building permits for
new construction or renovations of single-family homes, to obtain a building permit. The
clause stipulates that applications that received a process number from the Building
Department as of May 28, 2002 can obtain a full building permit based upon the plans
originally submitted, as long as the plans are in substantial compliance with the originally
submitted plans,
191
Commission Memorandum
July 10, 2002
Public Hearing - Single family districts development regulations
Page 100f10
Plannlna Board Action
The Planning Board held a public hearing on May 28, 2002 and voted 6-0 (1 absent) to
recommend to the City Commission approval of the proposed amendment.
CONCLUSION
The second reading public hearing of this proposed amendment requires that the second
notice be published at least five days prior to the public hearing. Although not a requirement
of the City Code, the second public hearing should be held after 5:00 p.m, in order to allow
those persons that may want to attend, but are unable due to work schedules.
JMG/CMC~fr86G
T:\AGENDA\200ZIJUL 100ZIREGULAR\1521 sf regs- fllSl readlng2.doc
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Aorlda, In the Commission
Chambers. 3rd floor, City Hall. 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 31, 2002, at the times listed below, to consider the
following on first reading:
at 10:35 a.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2.485 THEREDF ENTITLED oUST OF EXPENDITURES; FEE DISCLDSURE;
REPORTING REQUIREMENTS," REQUIRING ANNUAL OISCLDSURE BY LOBBYISTS DF COMPENSATION RECEIVED FDR THE PRECEDING YEAR, AND EXEMPTING
FROM THE FEE DISCLOSURE REQUIREMENTS PERSONS LOBBYING ON BEHALF OF NON.PROFiT ENTITIES WITHOUT COMPENSATION FOR SAiD APPEARANCE;
PRDVIDING FOR REPEALER, SEVERABILITY, CDDIFICATIDN, ANO EFFECTIVE DATE.
at 10:40 a.m.:
AN DRDINANCE AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VII THEREOF, ENTITLED
"STANDARDS DF CONDUCT," BY AMENDING DIVISION 4, ENTITLED "PROCUREMENT," BY AMENDING SECTlDN 2.486, ENTITLED "CONE OF SILENCE"; SAID
AMENDMENT PROVIDING FOR THE CREATION OF A NEW SUBSECTION 2.466(D) AFFIRMATIVELY STATING THAT THE REQUIREMENTS OF SECTION 2.11.1(1) OF
THE CODE OF MIAMI. DADE COUNTY, FLDRIDA (THE CDUNTY'S CONE OF SILENCE ORDINANCE) SHALL NOT APPLY TD THE CITY OF MIAMI BEACH, FLORIOA;
PROVIDING FURTHER FDR REPEALER; SEVERABILITY; CDDIFICATIDN, ANO AN EFFECTIVE DATE; AND INSTRUCTING THE CITY CLERK, FOIiOWING THE
EFFECTIVE DATE OFTHIS ORDINANCE, TO TRANSMIT A COPY OF SAMErO THE MIAMI. DADE COUNTY COMMISSION ON ETHICS.
et 10:48 a.m.:
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTAATIDN", BY AMENDING ARTICLE VII THEREOF,
ENTITLEO "STANDARDS OF CONDUCT", BY AMENDING DlVISIDN 4, ENTITLED "PRDCUREMENT", BY AMENDING SECTION 2.4B6, ENTITLED "CONE OF
SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE PROHIBITIONS ON ORAL COMMUNICATIONS ON ALL REQUEST FOR PROPOSALS IRFP'S), REQUEST FOR
OUAUFICATIONS (RFQ'S), AND INVtTATlDN FOR BIDS (BIOS), BETWEEN THE MAYOR AND CITY CDMMISSIONERS AND THEIR RESPECTIVE STAFF AND AN'!
POTENTIAL VENDOR, SERVICE PROVIDER, BIDOER, LOBBYIST, DR CONSULTANT; PROVIDING FOR ADDITIONAL EXCEPTlDNS RELATIVE TO ORAL
COMMUNICATIONS; PROVIOING FURTHER FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Inquiries mey be directed tD the Legal Department at (305) 673.7470.
at 5:01 p.nt,: .
AN ORDINANCE AMENDING THE LANO DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI. BEACH, FLORIDA. CHAPTER 142,
"ZONING OISTRICTS AND REGULATIDNS," DIVISION 2, 'RS.1, RS.2, RS.3, RS-4 SINGLE.FAMILY RESIDENTIAL DISTRICT'; SECTION 142.105 'DEVELOPMENT
REGULATIDNS AND REQUIREMENTS," BY INCLUDING LOT COVERAGE AND STRUCTURE SIZE REQUIREMENTS; SECTION 142.106 "SETBACK REQUIREMENTS
FOR SINGLE. FAMILY DETACHED DWELLING" BY MDDlFYING SETBACK REQUIREMENTS; DIVISION 4, "SUPPLEMENTARY YARD REGULATIONS'; SECTION
142.1132 "ALLOWABLE ENCROACHMENTS," BY MOOIFYING THE REGULATIONS FOR ACCESSORY BUILDINGS IN SINGLE FAMILY DISTRICTS; DIVISION 5,
"HEIGHT REGULATIONS," SECTION 142.1161 "HEIGHT REGIlLATIDNS EXCEPTIONS," BY CLARIFYING EXCEPTIONS IN SINGLHAMILY DISTRICTS; PROVIDING
CODIFICATION, REPEALER, APPLICABILITY, SEVEAABIUTY, AND AN EFFECTIVE DATE.
Inquiries mey be directed to the Planning Department at (305) 673.7550.
ALL INTERESTED PARTIES are Inv~ed to appear at this meeting, or be represented by an agent. or to express Ihelr views in writing eddressed to Ihe
City Commission, clo the City Clerk, 1700 Convention Center Drive, 1 at Floor, City Hall, Miami Beech, Floride 33139. Copies of Ihese ordinances are available
for public inspection during normal business hours In the City Clerk's DffIce, 1700 Convention Center Orfve, 181 Aoor, City Hall, Miami Beech, Florida 33139.
This meeting may be continued end under such clncumS1erces addltlonallegel notice would not be provided.
Robert E. Parther, City Clerk
City of Miami Beech
Pursuant tD Section 2B6.0105, Fla. Stat" Ihe City hereby advises the public that Wa person decides to appeal any decision mede by the City Commission wlll1
respect tD any matter considered at I1s meeting or Its hearing, such person must ensure Ihat e verbatim record of Ihe proceedings is made, which record I
includes the te81lmony and evidence upon which the appaal is tD be based. This notice does not constttute consent by Ihe City lor the introductfon or admlssfon
of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not othelWise allowed by law.
In accordence with the Americsns w~h Disabilities Act of 1990, persons needing special accommodation tD participate In this proceeding should contact the
City Clerk's office no later than four days prior to the proceeding, telephone (305) 673.7411 for assistance; W hearing impaired, telephone the Florida Relay
Service numbers, (BOO) 955.B771 (TOD) or (BOO) 955.B770 (VOICE), for assistance.
(Ad #0121)
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