Ordinance 2019-4241 Single Family Front and Street Side Setback Regulations
Raised Street Harmonization
ORDINANCE NO. 2019-4241
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED, "ZONING
DISTRICTS AND REGULATIONS," DIVISION 2, ENTITLED, "RS-1, RS-2,
RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," AT SECTION 142-
106, ENTITLED, "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY
DETACHED DWELLING" BY MODIFYING FRONT AND STREET SIDE
SETBACK REQUIREMENTS FOR PROPERTIES THAT SEEK TO
HARMONIZE EXISTING YARD ELEVATIONS WITH CITY STREET RAISING
PROJECTS;- PROVIDING CODIFICATION; REPEALER; SEVERABILITY;.
AND AN EFFECTIVE DATE.
WHEREAS, the regulation of single family districts is necessary in order to ensure
compatible development within 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 pedestrian streetscapes and human scale and
character of the City's single-family neighborhoods, are important qualities to protect; and
WHEREAS, due to resiliency and sea level rise concerns the City proposes to raise
certain streets in the City; and
WHEREAS, in conjunction with the raising of City streets, the City desires to,provide
single family properties the opportunity to harmonize the front yard heights to the adjacent and
abutting streets that have been raised by the City; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City'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 Section. 142-106, "Setback requirements for a single-family detached
dwelling", is hereby amended,as follows:
142-106. - Setback requirements for a single-family detached dwelling.
The setback requirements. for a single-family detached dwelling in the RS-1, RS-2, RS-3, RS-4
single-family residential districts are as follows:
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•
(1) Front yards:The minimum front yard setback requirement for these districts shall be 20 feet.
a. One-story structures may be located at the minimum front yard setback line.
b. Two-story structures shall be set back a minimum of ten additional feet from the required front
yard setback line.
c. [Reserved.]
d. At least 50 percent of the required front yard area 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.
e. In the event that an existing single family home has an abutting street raised pursuant to an
approved City project, and such home was previously permitted with less than 50 percent of the
required front yard area consisting of sodded or landscaped pervious open space, such property
may retain the most recent, previously permitted pervious open space configuration, provided
the front yard is raised to meet the new street elevation. However, in no instance shall less than
30 percent of the required front yard be sodded or landscaped pervious open space.
(2) Side yards:
a. The sum of the required side yards shall be at least 25 percent of the lot width.
b. Side, facing a street.
1. Each required side yard facing a street shall be no less than ten percent of the lot width or
15 feet, whichever is greater. Also, at
2. At least 50 percent of the 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.
3. In the event that an existing single family home has an abutting street raised pursuant to
an approved City project, and such home was previously permitted with less than 50 percent
of the required side yard area facing a street consisting of sodded or landscaped pervious
open space, such property may retain the most recent, previously permitted pervious open
space if the side yard area facing a street is raised to meet the new street elevation.
However, in no instance shall less than 30 percent of the required side yard area facing a
street be sodded or landscaped pervious open space.
c. Interior sides.
1. For lots greater than 60 feet in width each any--one interior side yard shall have a minimum
of ten percent of the lot width or ten feet, whichever is greater.
2. For lots 60 feet in width or less each arm-one interior side yard shall have a minimum of
seven and one-half feet.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this /3 day of F4hrtear , 2019.
ATTEST:
Dan Gelbe , ayor
Rafae E. Gr do� ity CI rk rY "-
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Attorney, Date
Verified by: 41% /ig
Th•mas R. Mooney, AICP
Planning Director
Underscore denotes new language
St�rough denotes removed language
[Sponsored by John Elizabeth Aleman]
T:\AGENDA\2018\12 December\Planning\SF Setbacks Street Raising-First Reading ORD.docx
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Ordinances - R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 13, 2019
1:30 p.m. Second Reading Public Hearing
SUBJECT: SINGLE FAMILY FRONT AND STREET SIDE SETBACK REGULATIONS
RAISED STREET HARMONIZATION
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED, "ZONING
DISTRICTS AND REGULATIONS," DIVISION 2, ENTITLED, "RS-1, RS-2,
RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS,"AT SECTION 142-
106, ENTITLED, "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY
DETACHED DWELLING" BY MODIFYING FRONT AND STREET SIDE
SETBACK REQUIREMENTS FOR PROPERTIES THAT SEEK TO
HARMONIZE EXISTING YARD ELEVATIONS WITH CITY STREET
RAISING PROJECTS; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY;AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY
On September 12, 2018, at the request of Commissioner John Elizabeth Aleman, the City
Commission referred the item to the Land Use and Development Committee (LUDC) and the
Planning Board (Item C4E). On October 31, 2018, The Land Use and Development
Committee recommended that the City Commission approve the subject Ordinance.
PLANNING ANALYSIS
The subject Ordinance amends Section. 142-106 of the City Code, regarding minimum open
space requirements within required front and street yards for single family properties seeking to
harmonize with City approved street raising projects. Specifically, the proposal would allow for
previously approved homes with less than the currently required 50% pervious area in a front
and/or street side yard to maintain a lesser pervious area in conjunction with the raising of the
yards to meet the elevation of a new street and sidewalk. However, in no instance could the
open space area of a raised yard be less than 30%.
Page 474 of 911
The subject ordinance is intended to encourage properties that are adjacent to raised streets to
better harmonize with these types of streetscape projects, if their property allows for it.
PLANNING BOARD REVIEW
On November 27, 2018, the Planning Board held a public hearing regarding the proposed LDR
Amendments and transmitted the Ordinance to the City Commission with a favorable
recommendation by a vote of seven to zero (7-0).
UPDATE
On December 12, 2018, the subject Ordinance was deferred at First Reading to January 16,
2019, due to the length of the Commission agenda. The subject Ordinance was approved at
First Reading on January 16, 2019, 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 Ordinance
Page 475 of 911