Ordinance 2018-4177Fence Heights for Oceanfront Properties
ORDINANCE NO. 2018 -4177
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4,
"SUPPLEMENTARY YARD REGULATIONS," AT SECTION 142 -1132,
"ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS," TO
MODIFY FENCE REGULATIONS FOR OCEAN FRONT PROPERTIES
AND PROPERTIES ZONED WD -2; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, currently heights of fences, walls and gates for oceanfront properties are
measured from the sidewalk elevation at the front of the property, regardless of the location on
the property; and
WHERAS, due to the often large variation between the yard elevation at the front and
rear of a lot, fences, walls and gates cannot be constructed at a reasonable height in the rear of
an oceanfront property without a variance, when that height is required to be measured from
grade at the front of the property; and
WHEREAS, it is appropriate to amend the height regulations for fences, walls, and gates
for oceanfront properties to be more reflective of the varying site conditions between the front
and rear of a property; 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. Chapter 142, entitled "Zoning Districts and Regulations," Article IV, entitled
"Supplementary District Regulations ", Division 4, entitled "Supplementary Yard Regulations ", of
the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 142 -1132. - Allowable encroachments within required yards.
(h) Fences, walls, and gates. Regulations pertaining to materials and heights for fences,
walls and gates are as follows:
(1) All districts except 1 -1 and WD -2:
a. Within the required front yard, fences, walls and gates shall not exceed five feet, as
measured from grade. The height may be increased up to a maximum total height of
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seven feet if the fence, wall or gate is set back from the front property line. Height may
be increased one foot for every two feet of setback. For properties zoned multifamily and
Located within a locally designated historic district or site, fences shall be subject to the
Certificate of Appropriateness review procedure, and may be approved at the
administrative level.
b. Within the required rear or side yard, fences, walls and gates shall not exceed
seven feet, as measured from grade, except when such yard abuts a public right -of -way,
waterway or golf course, the maximum height shall not exceed five feet. Within RS -1 or
RS -2 single- family district, in the event that a property has approval for adjusted grade,
the overall height of fences, walls and gates may be measured from adjusted grade,
provided that the portion of such fences, walls or gates above four (4) feet in height
consists of open pickets with a minimum spacing of three (3) inches, unless otherwise
approved by the design review board or historic preservation board, as applicable.
c. All surfaces of masonry walls and wood fences shall be finished in the same
manner with the same materials on both sides to have an equal or better quality
appearance when seen from adjoining properties. The structural supports for wood
fences, walls or gates shall face inward toward the property.
d. Chainlink fences are prohibited in the required front yard, and any required yard
facing a public right -of -way or waterway (except side yards facing on the terminus of a
dead end street in single- family districts) except as provided in this section and in
section 142 -1134.
e. Chainlink fences may be erected to surround vacant lots or vacant buildings to
minimize the possibility of the property becoming a dumping area. Such fence shall be
permitted on a temporary basis for a period not to exceed one year and subject to its
removal prior to the issuance of a certificate of use or a certificate of occupancy for a
main permitted use on the property. In the architectural district, such a fence shall be
vinyl coated.
f. Barbed wire or materials of similar character shall be prohibited.
g. Vacant lots in the CD -1, CD -2, CD -3, C -PS1, C -PS2, C -PS3, C -PS4, RM -1, RM -2,
RM -3, R -PS1, R -PS2, R -PS3, R -PS4, RM -PS1, and MXE districts must be secured
against motor vehicle entry at all entry points by a chain, hedge, fence, or other such
material approved by the planning and zoning director.
(2) In 1 -1 light industrial districts, within the front, rear or side yard a fence shall not exceed
seven feet, as measured from grade, excluding barbed wire or materials of similar
character. Barbed wire or materials of similar character shall be elevated seven feet
above grade and be angled towards the interior of the lot. The combined height of a
wall or fence plus barbed wire or materials of similar character shall not exceed nine
feet. Vacant lots in the 1 -1 district must be secured against motor vehicle entry at all
entry points by a chain, hedge, fence or other such material approved by the planning
and zoning director.
(3) For government facilities in GU and CCC districts, a fence surrounding the property
may be located on the property line, not to exceed six feet in height, as measured from
grade. The height may be increased up to a maximum total height of eight feet if the
fence is set back one foot from the property line, subject to design review approval;
fence(s) shall be constructed in a manner such that there is substantial visibility
through the fence.
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(4) In the WD -2 districts, the following shall apply:
a. Fences and gates shall be subject to the Certificate of Appropriateness review
criteria, and may be reviewed for approval at the administrative level.
b. Fences and gates shall not exceed six (6) feet in height, as measured from the
elevation of Miami Beach Drive at the center of the property.
c. Fences and gates shall consist only of open aluminum picket, unless otherwise
approved by the Historic Preservation Board.
d. Wood, chain link, masonry, concrete, barbed wire or materials of similar character
shall be prohibited.
(5) For oceanfront properties, the following shall apply with regard to measurement of
maximum height.
a. The height of allowable fences, walls and gates located in the front, interior side yard
or side yards facing a street (and not also within a rear yard shall be measured from
grade, as defined in Section 114 -1).
b. The height of allowable fences, walls and gates located within the required rear yard
(including overlapping portions of interior and street side yards) shall be measured
from the elevation of the beach walk not an elevated boardwalk at the center of the
ro
ert
Where no beach walk is
resent the hei • ht of allowable fences walls and
gates shall be measured from the elevation of the erosion control line at the center of
the property.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained, that the provisions of
this Ordinance shall become and be made part of the Code of the City of Miami Beach, as
amended; that the sections of this Ordinance may be re- numbered or re- lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 7 day of lilrc V� 2018.
ATTEST:
- It')v
Rafa E a ado, City , lerk
m. n Gelber, Mayor
First Reading: February 14, 2018 \\1
Second Reading: March 7, 2018
Underscore denotes new language
Strikethrough denotes deleted langua
Verified By:
T— mas R. Mooney, A
Planning Director
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUT ON
City Attorney
(Sponsored by Vice -Mayor John Elizabeth Aleman)
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Date
MIAMI BEACH
Ordinances - R5 E
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 7, 2018
1:30 p.m. Second Reading Public Hearing
SUBJECT: FENCE HEIGHTS FOR OCEANFRONT PROPERTIES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS,"
DIVISION 4, "SUPPLEMENTARY YARD REGULATIONS," AT SECTION 142 -1132,
"ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS," TO MODIFY
FENCE REGULATIONS FOR OCEAN FRONT PROPERTIES AND PROPERTIES
ZONED WD -2; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY
On September 13, 2017, at the request of former Commissioner Michael Grieco, a discussion item
pertaining to allowable fence heights along Miami Beach Drive was referred to the Land Use and
Development Committee for consideration and recommendation (Item 040).
On October 11, 2017, the Land Use Committee discussed the item and directed staff to draft an
Ordinance to allow for an increase in fence heights for properties located on Miami Beach Drive. The
Land Use Committee recommended that the City Commission refer the draft Ordinance to the
Planning Board. Vice -Mayor John Elizabeth Aleman is the sponsor of the proposed Ordinance.
On December 13, 2017, the City Commission referred the ordinance to the Planning Board for
review and recommendation (Item C4M).
PLANNING ANALYSIS
Miami Beach Drive (aka `Promenade Street') is located between Collins Avenue and the dune area,
and runs from 24th to 29th Street. It is within the only WD -2 zoning district in the City (see attached
map of the WD -2 district). Miami Beach. Drive divides the waterway portion of the properties fronting
on Collins Avenue. Recently, some of the condominium associations expressed security concerns
regarding their pool areas, which are located between Miami Beach Drive and the boardwalk. In
order to address these security concerns, the Land Development Regulations of the City Code are
proposed to be amended, in order to allow for slightly higher fence heights.
Currently the maximum height for fences along Miami Beach Drive is limited to five (5') feet, and is
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measured from grade at the sidewalk on Collins Avenue, which is lower in elevation than Miami
Beach Drive. The proposed ordinance would increase the maximum allowable height for fences on
Miami Beach Drive to six (6') feet, and allow the maximum height to be measured from grade along
Miami Beach Drive,
In addition to the revisions specific to Miami Beach Drive, minor changes are proposed with regard to
allowable fence heights for oceanfront properties city wide. In this regard, fence heights for
oceanfront properties are measured from grade at the sidewalk at the front of the property (Collins
Avenue), Since the rear yards of oceanfront properties are often much higher than the front of the
property at the sidewalk, fencing with adequate height in the rear yard typically requires a variance.
The additional amendment proposed would allow maximum fence heights to be measured from the
elevation of the beach walk or the erosion control line, as applicable. This would allow for fences in
the rear yards of oceanfront properties to be more commensurate with the rear yard elevations,
without having to request a variance.
PLANNING BOARD REVIEW
On January 23, 2018 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 February 14, 2018, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
o MAP - W D2 Miami Drive
a FORM APPROVED ORD - 1st Reading Oceanfront Fences
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WD-2 DISTRICT
7 260 500 1,000 Feet
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