Ordinance 2018-4202SINGLE FAMILY REGULATIONS — UNDERSTORY AREAS
ORDINANCE NO. 2018 -4202
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, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "RS -1, RS -2, RS -3, RS -4
SINGLE- FAMILY RESIDENTIAL DISTRICTS," BY MODIFYING, EXPANDING,
AND CLARIFYING REGULATIONS FOR NON -AIR CONDITIONED AND AIR
CONDITIONED `UNDERSTORY' SPACE LOCATED BELOW ELEVATED
HOMES IN THE SINGLE FAMILY RESIDENTIAL DISTRICTS, AND ALLOWING
FOR ROOFTOP GARDENS OR BUILT -IN PLANTERS AS AN ALLOWABLE
HEIGHT EXCETPION FOR SINGLE FAMILY HOMES; AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4,
"SUPPLEMENTARY YARD REGULATIONS," BY MODIFYING ALLOWABLE
ENCROACHMENTS FOR ACCESS TO A BUILDING; 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 has implemented `freeboard,' the additional height, usually
expressed as a factor of safety in feet, above a minimum flood level for purposes of floodplain
management, which is utilized in construction projects in developing first floor elevations, in
order to protect the structures from flooding events; and
WHEREAS, single- family districts (RS zoned properties) have a maximum height limit
measured in feet from base flood elevation (BFE) plus maximum freeboard of five feet; and
WHEREAS, single- family districts have a story limit of two habitable floors that are
measured from BFE plus allowable freeboard; and
WHEREAS, the instances in which the first habitable level of one and two -story homes
is constructed at the maximum BFE plus 5 feet of freeboard are increasing; and
WHEREAS, the current single - family district regulations also permit `non air- conditioned
space' below the first habitable floor in instances that the first habitable level of a home is more
than six feet above grade; and
WHEREAS, property owners are progressively constructing single - family homes above
allowable 'understory' spaces instead of infilling with berms and tiered site work; and
WHEREAS, factors, such as the future raising of roads and the need to provide tangible
transition spaces in order to access the main level of a home, all need to be taken into
consideration; and
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WHEREAS, the City desires to have new single family construction utilize a Low Impact
Development (LID) approach in order to capture and retain on site, 95th percentile average
annual storm event rainfall; and
WHEREAS, the City desires to have new single family construction incorporate
LID /Green Infrastructure into the overall landscape and site plan design for storm water quality
as part of a comprehensive storm water management system; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City's single - family districts.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article II, "District
Regulations," Division 2, "RS -1, RS -2, RS -3, RS -4 Single- Family Residential Districts," is hereby
amended, as follows:
Sec. 142 -105. - Development regulations and area requirements.
(b) The development regulations for the RS -1, RS -2, RS -3, RS -4 single- family residential
districts are as follows:
*
(4) Unit size requirements.
a. Minimum unit size: 1,800 square feet.
b. For purposes of this subsection, unit size means the sum of the gross horizontal
areas of the floors of a single- family home, measured from the exterior faces of
exterior walls. However, the unit size of a single - family home shall not include the
following, unless otherwise provided for in these land development regulations:
1. Uncovered steps.
2. Attic space, providing structural headroom of less than seven feet six inches.
3. Those portions of covered terraces, breezeways, or open porches that are
attached to or part of the principal structure, and that do not project more than
ten feet from the main home building(s).
4. Single -story covered terraces and porches, which, with the exception of
supporting structures, are open on at least three sides, and are part of a
detached single story accessory structure located within a rear yard, provided
such terrace or porch does not exceed two percent of the lot area,
5. Enclosed floor space used for required off - street parking spaces (maximum
500 square feet).
6. Those portions of covered exterior unenclosed private balconies that do not
project more than six feet from the building.
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c. For two story homes with an overall lot coverage of 25 percent or greater, the
physical volume of the second floor shall not exceed 70 percent of the first floor of
the main home, inclusive of any enclosed parking structure, The DRB or HPB may
forego this requirement, in accordance with the applicable design review or
appropriateness criteria.
d. Non -air conditioned understory 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
has been elevated is located six feet or more above existing grade in order to meet
minimum flood elevation requirements, including freeboard, the following shall
apply to the understory area s For •ur•oses of this subsection `understor '
means the air - conditioned and /or non- air - conditioned space(s) located below the
first elevated habitable floor.
1. The height of the area under the main structure may have a maximum floor to
ceiling clearance of seven feet six inches from the lowest level slab provided.
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 non -air- conditioned floor space located
directly below the first habitable floor, shall not count in the unit size
calculations.
The use of the understory is for non - habitable purposes and the City intent is to
facilitate solely non - habitable use of the area, which area may be subject to
flooding.
Subject to the review and approval of the Design Review Board or Historic
Preservation Board, as applicable, the following may apply to the understory
area(s):
1. Understory area(s) shall be used only for open air activities, parking, building
access, mechanical equipment, non- enclosed restrooms and storage. Such
areas shall be designed and maintained to be free of obstructions and shall
not be enclosed and /or air - conditioned at any time with the exception of
limited access areas to the first habitable floor. However, understory area(s)
below the lowest habitable floor can utilize non- sue.orting breakaway walls,
men -wood lattice work, louvers or similar architectural treatments, provided
they are open a minimum of 50 percent on each side.
2. All unenclosed, non - air - conditioned areas located directly below the first
habitable floor shall not count in the unit size calculations.
3. Understory building access, Enclosed, air - conditioned elevator and stair
vestibules, for access to the first habitable level of the home, shall be
permitted under the first habitable floor and shall be located as close to the
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center of the floor plan as possible and be visually recessive such that they do
not become vertical extensions of exterior building elevations, The total area
of enclosed and air - conditioned building access shall be limited to no greater
than three (3) percent of the lot area. All air- conditioned floor space located
directly below the first habitable floor shall count in the total unit size
calculations.
4, Enclosed, non -air- conditioned areas, for parking and storage, may be
permitted and shall not count in the unit size calculations, provided such areas
do not exceed 600 square feet. Any portion of such enclosed parking and
storage area exceeding 600 square feet shall count shall count in the unit size
calculations.
5. All parking, including required parking, shall be provided within the understory
area, and shall be clearly delineated by a different surface finish or bollards.
No parking or vehicle storage shall be permitted within a required yard, unless
approved by the DRB or HPB, in accordance with the applicable design
review or certificate of appropriateness criteria.
6. The maximum width of all driveways at the property line shall not exceed 15
percent of the lot width, and in no instance shall be less than nine (9) feet in
width and greater than 18 feet in width,
7. At least 70 percent of the required front yard and street side yard areas shall
consist of sodded or landscaped pervious open space. For purposes of this
section, the required front yard shall be measured from the front setback of
the principal structure to the front property line and the required street side
hard shall be measured from the street side setback of the principal structure
to the street side ro ert line. All allowable exterior walkways and driveways
within the front and street side yards shall consist of pavers set in sand or
other semi - pervious material. The use of concrete, asphalt or similar material
within the required front or street side yards shall be prohibited,
8. A continuous soffit shall be lowered a minimum of two (2) feet from the
lowest slab of the first level above the understory area in order to screen from
view all Fighting, sprinkler, piping, plumbing, electrical conduits, and all other
building services, unless concealed by other architectural method(
9 Understory ground elevation. The minimum elevation of the understory ground
shall be constructed no lower than future crown of road as defined in Chapter
54, of the City Code. All portions of the understory area that are not air -
conditioned shall consist of pervious or semi- pervious material, such as wood
deck, gravel or pavers set in sand. Concrete, asphalt and similar material shall
be prohibited within the non -air- conditioned portions of the understory area.
10. Understory edge. All allowable decking, gravel, pavers, non- supporting,
breakaway walls, open -wood lattice work, louvers or similar architectural
treatments located in the understory area shall be setback a minimum of five
(5) feet from each side of the underneath of the slab of the first habitable floor
above, with the exception of driveways and walkways leading to the property,
and access walkways and /or steps or ramps for the front and side area The
front and side understory edge shall be designed to accommodate on -site
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water ca•ture from ad'acent surfaces and ex•anded Iandsca•in• o• •ortunities
from the side yards.
(6) Roof decks, Roof decks shall not exceed six inches above the main roofline and
shall not exceed a combined deck area of 25 percent of the enclosed floor area
immediately one floor below, regardless of deck height, Roof decks shall be
setback a minimum of ten feet from each side of the exterior outer walls, when
located along a front or side elevation, and from the rear elevation for non -
waterfront lots. Built in planters, gardens or similar Landscaping areas, not to
exceed three and one -half feet above the finished roof deck height, may be
permitted immediately abutting the roof deck area. All landscape material shall be
appropriately secured, The DRB or HPB may forego the required rear deck
setback, in accordance with the applicable design review or appropriateness
criteria,
SECTION 2. That Chapter 142, "Zoning Districts and Regulations," Article IV, "Supplementary
District Regulations," Division 4, "Supplementary Yard Regulations," is hereby amended, as
follows:
Sec. 142 - 1132. - Allowable encroachments within required yards.
(o) Projections. In all districts, every part of a required yard shall be open to the sky, except
as authorized by these land development regulations. The following may project into a
required yard for a distance not to exceed 25 percent of the required yard up to a maximum
projection of six feet, unless otherwise noted.
(1) Belt courses.
(2) Chimneys,
(3) Cornices.
(4) Exterior unenclosed private balconies.
(5) Ornamental features.
(6)
Porches, platforms and terraces {up to 30 inches above the grade elevation of
the lot, as defined in Chapter 114 subsection 1,12 105(a)(1)e. Within single
family districts, such projections and encroachments may be located up to the
first habitable floor elevation and include stairs, steps, ADA- compliant ramps and
related walkways, not exceeding 5' -0" in width, which provide access to all
porches, platforms, terraces and the first floor when elevated to meet minimum
flood elevation requirements, including freeboard.
(7) Roof overhangs.
(8) Sills.
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(9) Window or wall air conditioning units,
(10) Bay windows (not extending floor slab).
(11) Walkways: Maximum 44 inches, May be increased to a maximum of five feet for
those portions of walkways necessary to provide Americans with Disabilities Act
(ADA) required turn around areas and spaces associated with doors and gates.
Walkways in required yards may exceed these restrictions when approved
through the design review or certificate of appropriateness procedures, as
applicable, and pursuant to chapter 118, article VI, of the City Code.
Notwithstanding the foregoing, when required to accommodate ADA access to
an existing contributing building within a local historic district, or National
Register District, an ADA walkway and ramp may be located within a street side
or interior side yard, with no minimum setback, provided all of the following are
adhered to:
a. The maximum width of the walkway and ramp shall not exceed 44 inches
and five feet for required ADA landings;
b. The height of the proposed ramp and landing shall not exceed the finished
first floor of the building(s); and
c. The slope and length of the ramp shall not exceed that which is necessary to
meet the minimum Building Code requirements.
Additionally, subject to the approval of the design review board or historic
preservation board, as applicable, an awning may be provided to protect
users of the ADA walkway and ramp from the weather.
(12) Electric vehicle charging stations and fixtures, located immediately next to an off -
street parking space, shall be permitted where driveways and parking spaces
are located.
SECTION 3. 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 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. 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 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this S day ofd
ATTEST:
gA /1E(
Rafa E. Granado, City Clerk
Verified by./.
Tho as 4," oaney, AI P
Pla ning Director
First Reading: June 6, 2018
Second Reading: July 25, 2018
Underscore denotes new language
Strikethrough denotes removed language
Double Underscore denotes new language added at Second Reading
2
, 2018.
an Gelber, Mayor
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APPROVED AS TO
FORM & LANG AGE
& FOR EXE AI ION
Date
MAM
Ordinances - R5 B
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 25, 2018
10 :35 a.m. Second Reading Public Hearing
SUBJECT SINGLE FAMILY REGULATIONS - UNDERSTORYAREAS:
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, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "RS -1, RS -2, RS -3, RS -4
SINGLE - FAMILY RESIDENTIAL DISTRICTS," BY MODIFYING, EXPANDING, AND
CLARIFYING REGULATIONS FOR NON -AIR CONDITIONED AND AIR
CONDITIONED `UNDERSTORY' SPACE LOCATED BELOW ELEVATED HOMES
IN THE SINGLE FAMILY RESIDENTIAL DISTRICTS, AND ALLOWING FOR
ROOFTOP GARDENS OR BUILT -IN PLANTERS AS AN ALLOWABLE HEIGHT
EXCEPTION FOR SINGLE FAMILY HOMES; AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4, "SUPPLEMENTARY
YARD REGULATIONS," BY MODIFYING ALLOWABLE ENCROACHMENTS FOR
ACCESS TO A BUILDING; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY
On July 26, 2017, the City Commission referred an Ordinance amendment to the Planning Board,
pertaining to limitations on the number of `stories' as part of overall building height measurement City
wide (Item C4F). As part of this referral, in order to revise the development regulations in the RS
Districts as it pertains to allowable non air- conditioned space, the Commission also referred a draft
Ordinance to the Land Use and Development Committee and the Planning Board. Commissioner
John Elizabeth Aleman is the sponsor of the proposed Ordinance.
On October 11, 2017, the Land Use and Development Committee (LUDC) discussed the proposed
Ordinance and continued the item to December 11, 2017. The Committee also directed the
Administration to schedule a separate, single - family home workshop for purposes of obtaining
additional public input. On December 11, 2017 the item was discussed briefly and continued to the
January LUDC meeting.
At the direction of the LUDC, a single- family workshop was held on December 11, 2017. At this
workshop planning staff provided a PowerPoint presentation on the proposed Ordinance. A number
Page 879 of 1464
of people attended the workshop and spoke regarding the proposal.
The January LUDC meeting was moved to February 7, 2018. The LUDC discussed the item on
February 7, 2018 and continued the item to the February 21, 2018 LUDC meeting.
On February 21, 2018, the LUDC endorsed a slightly revised Ordinance, requiring DRB or HPB
review, as applicable, for the new understory standards. Additionally, as part of the discussion at the
LUDC, staff indicated that they would set additional limits on the amount of enclosed, non -air-
conditioned areas, utilized for parking and storage. In this regard, a cap of 600 square feet has been
proposed, and included in the revised Ordinance draft for referral. Any portion of enclosed parking
and storage area exceeding 600 square feet would count in the unit size calculations.
On March 7, 2018, the City Commission referred the proposed Ordinance Amendment to the
Planning Board for consideration and recommendation.
BACKGROUND
In the City Code (Section 114 -1), Story is defined as follows:
Story means that portion of a building included between the surface of any floor and the surface of
the floor next above it; or if there be no floor next above it, then the space between such floor and the
ceiling next above it. A basement shall be counted as a story if its ceiling is equal to or greater than
four feet above grade.
Under the Florida Building Code, the following are the pertinent definitions:
STORY. That portion of a building included between the upper surface of a floor and the upper
surface of the floor or roof next above (also see "Basement," "Building height," "Grade plane" and
"Mezzanine "). It is measured as the vertical distance from top to top of two successive tiers of beams
or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the
ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
BASEMENT (for flood Toads). The portion of a building having its floor subgrade (below ground
level) on all sides. This definition of "Basement" is limited in application to the provisions of Section
1612.
BASEMENT. A story that is not a story above grade plane (see "Story above grade plane "). This
definition of "Basement" does not apply to the provisions of Section 1612 for flood loads.
STORY ABOVE GRADE PLANE. Any story having its finished floor surface entirely above grade
plane, or in which the finished surface of the floor next above is:
1. More than 6 feet (1829 mm) above grade plane; or
2. More than 12 feet (3658 mm) above the finished ground level at any point.
Until recently, building height was measured from grade, which is the elevation of the sidewalk at the
center of the property. The City Code was amended in 2014 to allow the measurement of building
height starting from base flood elevation (BFE). In 2015, the Code was amended to allow the
measurement of building height starting from base flood elevation plus up to the maximum freeboard
(BFE + 1' -5').
All zoning districts have an overall maximum height limit in feet, as measured from base flood
Page 880 of 1464
elevation plus allowable freeboard; within this allowable number of feet is a corresponding limit on the
number of stories. For example, in the RM -1 district, the maximum height limit is 50 feet and 5 stories,
and in the RM -3 district the maximum height for oceanfront lots is 200 feet and 22 stories.
It is important to note that the amount of horizontal floor area within a building, which correlates to the
number of `stories', is limited by maximum allowable FAR within a particular zoning district. In order to
simplify the overall measurement of building height, the Land Use Committee recommended the
removal of the existing limits on number of stories altogether, and a separate referral is pending at the
Planning Board. In this regard, the fixed maximum height, measured in feet from BFE plus freeboard,
would remain. This measurement is constant and the number of horizontal floors would continue to be
limited by the maximum FAR for the district.
PLANNING ANALYSIS
The overall measurement of intensity in single family zoning districts is different from all other zoning
districts in that 'unit size' is used for regulating allowable enclosed space, as opposed to `FAR'.
Additionally, unlike commercial buildings, or multi- family buildings with ground floor, accessory
commercial space, the first habitable floor of all new single family homes must be constructed at or
above base flood elevation plus one foot (BFE + 1').
Currently, single - family districts (RS zoned properties) have a maximum height limit measured in feet
from base flood elevation plus allowable freeboard (maximum of BFE plus five feet). Additionally, the
RS districts have a story limit of two habitable floors above base flood elevation plus allowable
freeboard.
Under the current Code, when the first habitable level of a home is more than six feet above grade,
due to minimum base flood elevation and freeboard requirements, the RS district regulations permit
`non air- conditioned space' below the first habitable floor. Currently, this non air - conditioned space is
limited to a maximum interior height of 7' -6 ", and is not counted toward the overall height limit of the
building in feet, nor is it counted in allowable unit size. Additionally, up to, but not exceeding, 600
square feet may be used for parking cars. When originally adopted in 2014, this provision was only
applicable to the lowest areas of the City, as the overall height of a home was measured from base
flood elevation. Now that single family home height is measured from BFE plus up to 5 feet of
additional freeboard, there have been increasing instances where one and two story homes are being
located above allowable `non air - conditioned space'.
Absent this `non air- conditioned space below the first habitable level, a home owner proposing BFE
+ 5' for new construction would be forced to use fill and place a new home on top of a large, elevated
berm. Such an approach would create environmental, water retention, drainage and water run -off
issues that would affect the site, the neighboring properties and adjacent rights of way. Additionally, it
would result in accessibility issues to the main house, as well as create an architectural and
compatibility issue with the built context of the surrounding area. In this regard, unlike other cities in
South Florida that allow homes to be built on large, sloped berms, Miami Beach is not defined by that
particular single - family typology. Although having non air - conditioned space below the first habitable
level of a new or elevated home may result in the appearance of a three story home, this is a far more
successful architectural transition than utilizing an oversized berm.
As more new homes in the City are expected to be built well above existing grade in all RS districts
and in some cases older or historic homes may be raised as well, further study of the current
regulations limiting the height of allowable `non air- conditioned' space has been undertaken. In this
regard, factors such as the future raising of roads and sidewalks, the relationship of allowable non
air - conditioned space to elevated yards and the need to provide tangible transition spaces in order to
access the main level of a home, have been taken into consideration.
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The attached draft ordinance furthers existing regulations regarding non - air - conditioned `understory
space, created by new, elevated single family homes. The following is a summary of the proposed
revisions to Sec. 142 -105, which are included within the draft ordinance, and would require the
review and approval of the DRB or HPB, as applicable:
1. Understory area(s) shall be used only for open air activities, parking, building access, mechanical
equipment, non - enclosed restrooms and storage. Such areas shall be designed and maintained to be
free of obstructions, and shall not be enclosed and /or air- conditioned at any time, with the exception
of limited access areas to the first habitable floor. However, understory area(s) below the lowest
habitable floor can utilize non - supporting breakaway walls, open -wood lattice work, louvers or similar
architectural treatments, provided they are open a minimum of 50 percent on each side.
2. All unenclosed, non- air - conditioned areas located directly below the first habitable floor shall not
count in the unit size calculations.
3. Understory building access. Enclosed, air - conditioned elevator and stair vestibules, for access to
the first habitable level of the home, shall be permitted under the first habitable floor and shall be
located as close to the center of the floor plan as possible and be visually recessive such that they do
not become vertical extensions of exterior building elevations. The total area of enclosed and air -
conditioned building access shall be limited to no greater than three (3) percent of the lot area. All air -
conditioned floor space located directly below the first habitable floor shall count in the total unit size
calculations.
4. Enclosed, non -air- conditioned areas, for parking and storage, may be permitted and shall not count
in the unit size calculations, provided such areas do not exceed 600 square feet. Any portion of such
enclosed parking and storage area exceeding 600 square feet shall count shall count in the unit size
calculations.
5. All parking, including required parking, shall be provided within the understory area, and shall be
clearly delineated by a different surface finish or bollards. No parking or vehicle storage shall be
permitted within a required yard, unless approved by the DRB or HPB, in accordance with the
applicable design review or certificate of appropriateness criteria.
6. The maximum width of all driveways at the property line shall not exceed 15 percent of the lot
width, and in no instance shall be less than nine (9) feet in width and greater than 18 feet in width.
7. At least 70 percent of the required front yard and street side yard areas shall consist of sodded or
landscaped pervious open space. For purposes of this section, the required front yard shall be
measured from the front setback of the principal structure to the front property line and the required
street side yard shall be measured from the street side setback of the principal structure to the street
side property line. All allowable exterior walkways and driveways within the front and street side yards
shall consist of pavers set in sand or other semi - pervious material. The use of concrete, asphalt or
similar material within the required front or street side yards shall be prohibited.
8. A continuous soffit shall be lowered a minimum of two (2) feet from the lowest slab of the first level
above the understory area in order to screen from view all lighting, sprinkler, piping, plumbing,
electrical conduits, and all other building services, unless concealed by other architectural method(s).
9. Understory ground elevation. The minimum elevation of the understory ground shall be
constructed no lower than future crown of road as defined in Chapter 54, of the City Code. All
portions of the understory area that are not air - conditioned shall consist of pervious or semi - pervious
Page 882 of 1464
material, such as wood deck, gravel or pavers set in sand. Concrete, asphalt and similar material
shall be prohibited within the non -air- conditioned portions of the understory area.
10. Understory edge. All allowable decking, gravel, pavers, non - supporting breakaway walls, open -
wood lattice work, louvers or similar architectural treatments located in the understory area shall be
setback a minimum of five (5) feet from each side of the underneath of the slab of the first habitable
floor above, with the exception of driveways and walkways leading to the property, and access
walkways and /or steps or ramps for the front and side area. The front and side understory edge shall
be designed to accommodate on -site water capture from adjacent surfaces and expanded
landscaping opportunities from the side yards.
Attached are the following illustrations, which provide a graphic representation of the above noted
modifications:
• Exhibit A: Proposed code changes as applied to a 60 foot lot
• Exhibit B: Proposed code changes as applied to a 100 foot lot
• Exhibit C: Existing code as applied to a 60 foot lot
• Exhibit D: Existing code as applied to a 100 foot lot
• Exhibit E: Elevation Graphics
In addition to these proposed modifications to the allowable understory areas of a single family home,
2 minor text amendments are also proposed, as follows:
1. Sec. 142 -105 - Roof Decks.
Currently, roof decks are permitted as a height exception above the main roofline of a single family
home, provided they do not exceed a combined deck area of 25 percent of the enclosed floor area
immediately one floor below. Additionally, regardless of deck height, roof decks must be setback a
minimum of ten feet from each side of the exterior outer walls when located along a front or side
elevation, and /or from the rear elevation of non - waterfront lots. The DRB or HPB may forego the
required rear deck setback, in accordance with the applicable design review or appropriateness
criteria.
Currently, there is no provision for landscaping on roof decks, as an allowable height exception. In
order to better address landscape areas proposed for roof decks, the following additional language is
proposed:
Built in planters, gardens or similar landscaping areas, not to exceed three and one -half feet above
the finished roof deck height, may be permitted immediately abutting the roof deck area. All landscape
material shall be appropriately secured.
2. Sec. 142 -1132. - Allowable encroachments within required yards.
Currently, porches, platforms and terraces are an allowable yard projection, but only up to 30 inches
in height above the grade elevation of the lot. Since single family homes are now required to be
constructed well above grade elevation, the following additional language is proposed, in order to
better facilitate access to homes with higher first floor elevations:
Within single family districts, such projections and encroachments may be located up to the first
habitable floor elevation and include stairs, steps, ADA- compliant ramps and related walkways, not
Page 883 of 1464
exceeding 5' -0" in width, which provide access to all porches, platforms, terraces and the first floor
when elevated to meet minimum flood elevation requirements, including freeboard.
Lastly, electric vehicle charging stations and fixtures, located next to an off - street parking space, have
been added to the list of allowable setback encroachments.
PLANNING BOARD REVIEW
On March 27, 2018, the Planning Board reviewed the subject Ordinance and transmitted it to the
City Commission with a favorable recommendation (Vote: 7 -0).
UPDATE
The subject Ordinance came before the City Commission for First Reading on April 11, 2018, and
the item was open and continued to May 16, 2018, with no discussion, due to the length of
the agenda. On May 16, 2018 the item was open and continued to June 6, 2018, with no discussion,
due to the length of the agenda.
On June 6, 2018 the Ordinance was approved at First Reading 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
CI Exhibit A - Proposed 60' Section
n Exhibit A - Proposed 60' Siteplan
D Exhibit B - Proposed 100' Section
D Exhibit B - Proposed 100' Siteplan
D Exhibit C - Existing 60' Section
D Exhibit C - Existing 60' Siteplan
D Exhibit D - Existing 100' Section
D Exhibit D - Existing 100' Siteplan
D Exhibit E - Elevation Graphics
D Ordinance
Page 884 of 1464
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Page 885 of 1464
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Page 886 of 1464
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Page 887 of 1464
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Page 888 of 1464
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Page 890 of 1464
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Page 891 of 1464
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