Ordinance 2021-4400 Pre-1942 Single-Family Fence Height Modifications
ORDINANCE NO. 2021-4400
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," ARTICLE II, ENTITLED "DISTRICT REGULATIONS,"
DIVISION 2, ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY
RESIDENTIAL DISTRICTS," SECTION 142-106, ENTITLED "SETBACK
REQUIREMENTS FOR A SINGLE-FAMILY DETACHED DWELLING," TO
MODIFY FENCE REQUIREMENTS; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety, and general welfare of its citizens; and
WHEREAS, Section 142-106 of the Land Development Regulations permits certain
encroachments—including fences, walls, and gates—within required yards for single-family
homes; and
WHEREAS, currently, within required rear or side yards, the maximum height of fences,
walls, and gates is measured from grade; and
WHEREAS, the Mayor and City Commission now wish to amend Section 142-106 to
provide that, for properties containing a pre-1942 architecturally significant home, where an
existing required rear or side yard is located at least 12 inches above grade, the overall height of
fences, walls, and gates may be measured from the elevation of existing yards; 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 II, entitled "District
Regulations," Division 2, entitled "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," is
hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. – DISTRICT REGULATIONS
* * *
DIVISION 2. RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS
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Sec. 142-106. Setback requirements for a single-family detached dwelling.
* * *
(b) Allowable encroachments within required yards.
(7) Fences, walls, and gates. Regulations pertaining to materials and heights for fences,
walls and gates are as follows:
a. Front yard. 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 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.
b. Rear and side yards. 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.
In the event that a property has approval to be improved at 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 feet in height
consists of open pickets with a minimum spacing of three inches, unless otherwise
approved by the design review board or historic preservation board, as applicable.
Pre-1942 exemption. Notwithstanding the provisions of this subsection (b)(7)(b), for
properties containing a pre-1942 architecturally significant home, where a
substantial portion of the existing rear yard and/or side yard is located at least 12
inches above grade, the overall height of fences, walls and gates may be measured
from the elevation of the existing yard, provided that the portion of such fences, walls
or gates above four feet in height consists of open pickets with a minimum spacing
of three inches, unless otherwise approved by the design review board or historic
preservation board, as applicable.
c. Materials. 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. Chain link fence prohibition. Chain link 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. Other materials prohibited. Barbed wire or materials of similar character shall
be prohibited.
•
* * *
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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 renumbered or relettered 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.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this I" day of Fe6rlia , 2021.
Dan Gelber, Mayor
IfdlOOa TED'
ATTEST: �,�,�.., r�,..•;;�= APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
(1-0-
Rafa E. Granado, City Jerk (2-31 -"LP
City Attorney � 1 Date
First Reading: January 13, 2021
Second Reading: February 10,,,,20 1
1
Verified By:
Thomas R. oon- , AICP
Planning Director
T:Wgenda\2021\1_January 13\Planning\Pre-1942 SF Fence Heights-First Reading ORD.docx
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Ordinances - R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: February 10, 2021
10:10 a.m. Second Reading Public Hearing
SUBJECT: PRE-1942 SINGLE-FAMILY FENCE HEIGHT MODIFICATIONS
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," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 2, ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE-
FAMILY RESIDENTIAL DISTRICTS," SECTION 142-106, ENTITLED
"SETBACK REQUIREMENTS FOR A SINGLE-FAMILY DETACHED
DWELLING," TO MODIFY FENCE REQUIREMENTS; AND PROVIDING
FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE
DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On October 14, 2020, at the request of Commissioner Micky Steinberg, the City Commission
referred the proposed Ordinance to the Land Use and Sustainability Committee (LUSC) and
the Planning Board by (item C4I). On November 24, 2020, the LUSC recommended that the
City Commission approve the Ordinance.
ANALYSIS
PLANNING ANALYSIS
Pursuant to Sec. 114-1 of the Land Development Regulations (LDR's)grade is the elevation of
the abutting sidewalk, at the center of a property. Additionally, adjusted grade is defined as
follows:
Grade, adjusted means the midpoint elevation between grade and the minimum required
flood elevation fora lot or lots.
As an example, if sidewalk grade is at 4 feet and minimum flood elevation is at 8 feet, the adjust
grade of the yard of the property may be raised to 6 feet. Adjusted grade is primarily applicable
to new construction, as most older homes in the City were built below current minimum flood
Page 583 of 1252
elevation.
Recently, the City code was amended to allow single family properties where the required yard
is elevated to adjusted grade, to measure the height of fences, walls and gates from adjusted
grade along a side or rear yard. The code also requires that the portion of fences or walls
located above 4 feet in height from adjusted grade consist of open pickets. In all other
instances, walls and gates are measured from grade, which is typically the sidewalk elevation at
the front of the property.
There have been instances where a pre-1942 architecturally significant home has a very low
sidewalk (grade) elevation; and a rear yard that has been elevated above grade, for example as
part of a pool deck construction. The proposed amendment would apply only to existing pre-
1942 architecturally significant homes, where a substantial portion of the existing rear yard
and/or side yard is located at least 12 inches above grade. Specifically, pre-1942 homes with
this condition would be able to measure the overall height of fences, walls and gates from the
yard elevation along a side or rear yard, including a side yard facing a street.
The proposed modification is intended to address privacy concerns related to unique
circumstances where there is an elevated side and rear yard on the lot of an architecturally
significant single-family home constructed prior to 1942. I n these instances, it may not be
feasible to modify the existing yard and raise it to adjusted grade, in order to create a buffer area
adjacent to the property line and provide the ability to construct a higher fence along the property
line.
PLANNING BOARD REVIEW
On December 14, 2020 the Planning Board held a public hearing and transmitted the Ordinance
to the City Commission with a favorable recommendation by a vote of 6-0.
UPDATE
The subject Ordinance was approved at First Reading on January 13, 2021, with no changes.
SUPPORTING SURVEY DATA
N/A
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area •
Citywide
Is this a "Residents Right Does this item utilize G.O,
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Page 584 of 1252
Sponsor
Commissioner Micky Steinberg
ATTACHMENTS:
Description
o Ordinance
Page 585 of 1252