Ordinance 2025-4692 Shrubbery and Fencing Heights
ORDINANCE NO. 2025-4692
AN ORDINANCE OF THE MAYOR AND CITY-COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A OF THE
CODE OF THE CITY OF MIAMI BEACH ENTITLED "GENERAL
ORDINANCE," CHAPTER 14, ENTITLED "BUILDING REGULATIONS,"
ARTICLE I, ENTITLED "IN GENERAL," BY CREATING SECTION 14-1,
ENTITLED "BEACHWALK ACCESS AND VISIBILITY,"TO ESTABLISH
MINIMUM REQUIREMENTS FOR PEDESTRIAN VISIBILITY TO AND
FROM THE BEACHWALK; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City') has established standards for Buildings and
Structures in Chapter 14 of the City Code, entitled "Building Regulations'; and
WHEREAS, the Mayor and City Commission have determined that it is in the best interest
of the City, and it serves the health, safety, and welfare of the City's residents and visitors, to
create requirements for pedestrian visibility for individuals entering and exiting the beach walk
from public street-ends and private property; and
WHEREAS, this Ordinance establishes a balance between (i) the public safety concerns
associated with pedestrian visibility along the beach walk; (ii) the need for upland private
properties to have adequate security and privacy; and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 14, entitled "Building Regulations," Article I, entitled "In General," of
the City Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 14. BUILDING REGULATIONS
ARTICLE I. IN GENERAL
Secs. 1442-14-30. Reserved.
Section 14-1 Beachwalk access and visibility.
On all oceanfront properties, there shall be no structure or planting that obstructs pedestrian
visibility between a height of 2 feet and 10 feet above the adiacent grade within the following
minimum visibility triangles from a street-end or upland property access point to the beach walk:
A. For properties with more than 100 feet of frontage on the beach walk, a 10-foot visibility
triangle shall be required.
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B. For properties with less than 100 feet of frontage on the beach walk, a 6-foot visibility
triangle shall be required.
The above noted visibility triangle requirements shall be measured diagonally from both sides of
the intersection of the public access point on private property or on one side of a public street-
end, as applicable, along the westernmost line of the beach walk. Notwithstanding the foregoing,
trees and palms with a minimum clear trunk height of ten (10') feet, as well as aluminum picket
fences with gaps of at least four(41 inches, may be permitted at a height exceeding 2 feet, subject
to all applicable regulations set forth in the Land Development Regulations.
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 are hereby repealed.
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 ninety(90) days following adoption.
PASSED AND ADOPTED this .3 day ofbY44ry 2025.
t\\1111 �
............f
v``�r fir.i{ •.'�i h
INCUP ORATEDI teven Meiner, Mayor
ATTEST: Ll
i
FEB 0 5 2025
Rafael . Granado, City Clerk
Sponsored by Commissioner Tanya K, Shaft APPROVED AS TO FORM AND LANGUAGE
AND FOR EXECUTION
11231��
Cit tto ey �>� Date
First Reading: December 11, 2024
Second Reading: February 3, 2025
FAT_Drive\Agenda\2025\01 February 03,2025\Planning\Shrubbery and Fencing Heights Ch 14-Second Reading ORD.docx
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Ordinances - R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: February 3, 2025 9:40 a.m. Second Reading Public Hearing
TITLE: SHRUBBERY AND FENCING HEIGHTS—CHAPTER 14
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART A OF THE CODE OF THE CITY
OF MIAMI BEACH ENTITLED"GENERAL ORDINANCE," CHAPTER 14, ENTITLED
"BUILDING REGULATIONS," ARTICLE I, ENTITLED "IN GENERAL," BY
CREATING SECTION 14-1, ENTITLED "BEACHWALK ACCESS AND VISIBILITY,"
TO ESTABLISH MINIMUM REQUIREMENTS FOR PEDESTRIAN VISIBILITY TO
AND FROM THE BEACHWALK; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUND/HISTORY
On May 15, 2024, at the request of Commissioner Tanya K. Bhatt, the City Commission referred
an item pertaining to visibility sight lines from private property and street ends entering the beach
walk (C4 AE)to the Land Use and Sustainability Committee (LUSC) and the Planning Board. On
July 9,2024 the LUSC discussed and continued the item to the September 5, 2024 LUSC meeting
with direction to the Administration to develop options for addressing safety and visibility at access
points to the beach walk.
September 5, 2024, the LUSC discussed and continued the item to the October 14, 2024 meeting
with direction to the Administration to prepare graphics and amend the text of the proposed code
section to better reflect a visibility triangle. On October 14, 2024, the LUSC recommended that
the City Commission approve the proposed amendment to Chapter 14 of the General Ordinances
of the City Code (City Code), with the following modifications:
1. The 10-foot visibility triangle shall apply to properties with at least 100 feet of frontage on the
beach walk.
2. The 6-foot visibility triangle shall apply to properties with less than 100 feet of frontage on the
beach walk.
3. The measurement of the visibility triangle shall be taken from the western edge of the beach
walk.
4. The regulations shall also apply to future sections of the bay walk and cut walk, as well as
city owned properties.
The LUSC also recommended that the Planning Board transmit a companion amendment to the
Land Development Regulations of the City Code (LDRs), amending the Oceanfront Overlay
regulations to reference compliance with Chapter 14 of the City Code.
Page 1077 of 1859
ANALYSIS
Currently, fences and gates located in the rear of oceanfront properties are limited to a maximum
height of seven (7')feet if they are setback at least four feet from the property line. If placed along
a property line, the maximum height cannot exceed five (5') feet. All fences and gates require
certificate of appropriateness or design review, depending on the location of the property, as part
of the permit process and are generally required to consist of an open design, such as aluminum
picket.
Regarding shrubbery and hedges, pursuant to section 7.5.3.2 of the (LDRs, there is no height
limitation for hedge material located within a required yard in any district. However, since new
development along the ocean requires either Design Review Board (DRB) or Historic
Preservation Board (HPB) approval, these boards have the latitude to regulate the dimensions
and design (including overall height) of all landscape material.
Attached is a proposed amendment to Chapter 14 of the City Code, which would establish
regulations for structures and landscape within 6-10 feet (depending on beach frontage) of a
street-end or public access point to the beach walk.The purpose of these regulations is to ensure
pedestrian visibility between a height of 2 feet and 10 feet above the adjacent grade.
For properties with more than 100 feet of frontage on the beach walk a 10-foot visibility triangle
shall be required and for properties with less than 100 feet of frontage on the beach walk, a 6-foot
visibility triangle shall be required. However,trees and palms with a minimum clear trunk height of
ten (10') feet, as well as aluminum picket fences with gaps of at least four (4") inches, may be
permitted at a height exceeding 2 feet, subject to all applicable regulations set forth in the LDRs.
Two diagrams illustrating the proposed site triangle are attached for informational purposes; one
illustrates a ten (10') foot triangle and the other illustrates a six (6')foot triangle. These diagrams
show the measurements associated with the 6- and 10-foot visibility triangle options only and are
not indicative of variations in ocean frontage.
The proposed ordinance would require property owners to trim back any future or currently
installed landscape (whether approved or not)in the identified areas, to ensure adequate visibility.
Also, any future physical (non-landscape) improvements, including fences and walls, would need
to meet the visibility triangle requirements set forth in the ordinance. These amendments are also
consistent with Crime Prevention Through Environmental Design (CPTED)compliant landscaping
design guidelines.
To ensure that future development projects are consistent with these proposed standards, a
separate companion amendment to Section 7.3.1.2 of the LDRs, pertaining to development
regulations in the Oceanfront Overlay, is also proposed.
UPDATE
The subject ordinance was approved by the City Commission at First Reading with no changes.
For Second Reading, the effective date has been adjusteq to 90 days from the date of adoption,
to allow time for affected properties to comply with the provisions of the ordinance.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 1/6/2025
Page 1078 of 1859
See BIE at: https://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Applicable Area
Citywide
Is this a "Residents Right to Know" items Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Proiect?
Yes No
Was this Agenda Item initially requested by a lobbyist.which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying?
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Commissioner Tanya K. Bhatt
Co-sponsor(s)
Condensed Title
9:40 a.m. 2nd Rdg, Shrubbery and Fencing Heights- Chapter 14. (Bhatt) PL
Page 1079 of 1859
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