Ordinance 2025-4687 Understory Requirements in Single Family Districts
(Amended for Second Reading)
ORDINANCE NO. 2025-4687
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7,
ENTITLED 'ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
ENTITLED "DISTRICT REGULATIONS," SECTION 7.2.2, ENTITLED
"RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS,"
AT SUBSECTION 7.2.2.3, ENTITLED"DEVELOPMENT REGULATIONS
(RS)," TO AMEND THE REQUIREMENTS FOR UNDERSTORY HOMES;
AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, in 2023, the City Commission adopted comprehensive updates to the Land
Development Regulations ofthe City Code(LDRs)and established the City's first Resiliency Code
to enhance community sustainability and resilience; and
WHEREAS, although the proposal for administrative review of understory homes was not
included in the final adoption of the updated LDRs, the City Commission approved an increase in
the allowable height for these homes up to 31 feet, ensuring climate-responsive ceiling heights;
and
WHEREAS, the proposed amendment to Section 7.2.2.3 of the LDRs eliminates
mandatory DRB or HPB approval for understory homes, while still requiring DRB review for
applications seeking waivers or variances; and
WHEREAS, the amendment clarifies maximum height allowances for understory homes
based on specific zoning districts and maintains consistency with previous DRB approvals; and
WHEREAS, the existing development regulations provide a foundational framework for
new construction, ensuring that the DRB process allows for community input on waivers and
variances, thus protecting neighborhood integrity; and
WHEREAS, detailed regulations governing understory homes ensure that any deviations
from the established requirements necessitate DRB review, thereby upholding standards while
promoting Flexibility in design; and
WHEREAS, enabling administrative review for compliant understory homes is expected
to increase the adoption of this design type and significantly advance the City's resiliency goals
and objectives; 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 7 of the Resiliency Code, entitled "Zoning Districts and Regulations,"Article
II, entitled "District Regulations," Section 7.2.2, entitled "RS-1, RS-2, RS-3, RS-4 Single Family
Residential Districts,'at Sub-Section 7.2.2.3, entitled "Development Regulations(RS)," is hereby
amended as follows:
CHAPTER
ZONING DISTRICTS AND REGULATIONS
ARTICLE IL DISTRICT REGULATIONS
SECTION 2. RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS
7.2.2.3 Development Regulations (RS)
b. The development regulations for the RS*1, RS-2, RS-3, RS-4 single-family residential
districts are as follows:
1. The FAR, density, lot area, lot width, lot coverage, unit size, setbacks, and
building height requirements for the RS-1, RS-2, RS-3, RS-4 single-family
residential districts are as follows:
DEVELOPMENT REGULATIONS TABLE (RS)
BUILDING HEIGHT RS-1 RS-2 RS-3 RS-4
Maximum Height(stories)2 stories
4 feet—flat roofs(3) 24 feet—flat roofs(3)
Maximum Height (feet) 28 feet-flat roofs(3) (8) (3)
3 (g)(4) 31 feet—sloped roofs 27 feet—sloped roofs
No Understor (@� (4) 7 feet—sloped roofs
(8)
31 feet-flat roofs 8 feet—flat roofs 7
Maximum Hei ht feet 28 feet—flat roofs
3 34 feet—slo ad roofs 31 feet—slo ad roofs 31 feet—slo ad roofs
Understo Home 8 7 8
a - -------
------------------------- ------- ---
DFE(BFE+Freeboard) - Future Crown
BFE of Road
NO UNDERSTORY
DFE(BFE+Max Freeboard) Future Crown
BFE - of Road
WITH UNDERSTORY
(1). Except those lots fronting on a cul-de-sac or circular street as defined in lot width.
(2). Single story homes shall follow the requirements of section 7.2.2.3.b.7.B.
(3). Height shall be measured from the required base flood elevation for the lot, plus freeboard. (See
Height of Building definition). Single story homes shall follow the requirements o
section 7.2.2.3.b.7.B.
(4). Height variances shall be prohibited However i i hr f in r II i h v
he maximum permitted habove
approved by the Design Review Board (DRB) or Historic Preservation Board
(HPB), in accordance with the applicable design review or appropriateness criteria.
(5). If an Understory is not provided, at least 50 percent (50%) of the required front Add
id
acing a street yard areas (Including portions of the rear and front yards) shall olandscaped pervious open space. With the exception of driveways and paths leading tg,paving may not extend any closer than 5 feet to the front of the building. When a poo inhe side yard, facing a street the area of the water may count as part of the open spachomes shall com with the Understo Level Standards as outlined in subsection 7.2
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(50%)of the required
ront yard area consisting of sodded or landscaped pervious open space, such property may retain
he most recent, previously permitted pervious open space configuration, provided the front yard i
raised to meet the new street elevation. However, in no instance shall less than 30 percent (30%)o
he required front yard be sodded or landscaped pervious open space.
. &LAt least 70 percent (70%) of the required rear yard shall be sodded or landscaped pervious
open space; the water portion of a swimming pool may count toward this requirement, when located
bove adjusted grade, the water portion of a swimming pool may count towards 50 percent of this
requirement, provided adequate infrastructure is incorporated into the design of the pool to full
accommodate on-site stormwater retention.
. For RS-3 zoned properties,with a minimum lot size of 18 000 s uare feet
the maximum hei ht is increased to 31 feet for flat roofs and 34 feet for sloped roofs.
8 For singlemil hQmes utilizingn under5lay. if any portion of the bomen
r r iliz I ad roof. v l of thehome by theRB HPB as a I' 1 _ II
r regairdless Qf buildingheight.
6. Understory Level Standards
The following regulations shall apply to on-air conditioned Understory space located below
minimum flood elevation, plus freeboard,
to the under4sWry AFea(g)Except as otherwise provided in this Code homes with understories
may be approved administratively as provided herein:
A. 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 (50%) on
each side.
B. All unenclosed, non-air-conditioned areas located directly below the first habitable floor
shall not count in the unit size calculations.
C. 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 airconditioned building access shall
be limited to no greater than 5 percent(5%)of the lot area.All airconditioned floor space
located directly below the first habitable floor shall count in the total unit size
calculations.
D. 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 in the unit size calculations.
E. 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 DRIB
or HPB, in accordance with the applicable design review or certificate of
appropriateness criteria.
F. A continuous soffit shall be lowered a minimum of 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).
G. Understory ground elevation and minimum height. 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. Additionally a minimum height of nine (2)fee
to the bottom of the first habitable floor of the home shall be required. 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.
H. 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 set back a minimum of 5 feet from each side of the
underneath of the walls 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.
I. Roof insulation For flat roofs up to twelve (12") inches of insulation shall be an
allowable height exception and may be located above the roof slab Portions of
insulation exceeding twelve (12") inches above the roof slab shall be included in the
overall height of the home
J. 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 the same as the required front setback of the principal structure 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.
K. For single family homes utilizing an understory the applicant shall mount a laminated
posting in a form prescribed by the planning director, at the front of the Property in a
manner and location clearly visible from the public right-of-way indicating that an
application for a home utilizing an understory has been filed At a minimum--surh
posting shall include a description of the application as well as QQntart information for
the property gwner. The applicant shall provide evidence to the planning director that
the posting has been installed on site prior to the issuance of a building permit. The
posting shall be for informational purposes only and the validity of any building
permit shall not be affected by any failure to mount or continuously maintain the posting.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same 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 maybe 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. APPLICABILITY.
This Ordinance shall not apply to land use board applications that paid an initial
application fee, obtained a land use board file number, and presented a proposed design at
a pre-application conference with Planning Department staff before December 10, 2024.
SECTION 6. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 3 day FPb 4r ofG %/
ATTEST
Steven Meiner, Mayor
Rafael . Granado, City Clerk
APPROVED AS TO FORM AND
First Reading: November 20, 2024 LANGU ND FOR EXECUTION
Second Reading: February �2025 �.I ro /Zoz
, ,S—
Verified by: l✓/ City Attorney 1Jir— Date
Thomas R. coney, AICP
Planning Director
T:V\genda12025\01 February 03,2025\P1amingW nderstory Requirements In SF Districts-Semnd Reading ORD ADOPTED.doi
Ordinances -R5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE. February 3, 2025 9:15 a.m. Second Reading Public Hearing
TITLE: UNDERSTORY REQUIREMENTS IN SINGLE FAMILY DISTRICTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA.AMENDING THE RESILIENCY CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS
AND REGULATIONS, ARTICLE II, ENTITLED "DISTRICT REGULATIONS,"
SECTION 7.2.2, ENTITLED "RS-1, RS-2, RS-3, RS4 SINGLE FAMILY
RESIDENTIAL DISTRICTS," AT SUBSECTION 7.2.2.3, ENTITLED
"DEVELOPMENT REGULATIONS (RS)-, TO AMEND THE REQUIREMENTS FOR
UNDERSTORY HOMES; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUNDIHISTORY
On July 24, 2024, at the request of Commissioner David Suarez, the City Commission referred a
proposed ordinance amendment pertaining to understory single family homes(C4 W)to the Land
Use and Sustainability Committee (LUSC) and the Planning Board. On September 5, 2024, the
LUSC discussed the proposal and recommended that the Planning Board transmit the proposed
ordinance to the City Commission with a favorable recommendation. Additionally, the LUSC
recommended including a provision in the ordinance for the posting of a property for which an
understory home is proposed; this provision has been included in the draft ordinance.
ANALYSIS
In 2023, the City Commission adopted comprehensive updates to the Land Development
Regulations of the City Code (LDRs) and the City's first Resiliency Code. As part of the review
process for the updated LDRs in 2022 and 2023, Planning staff recommended that mandatory
review by the Design Review Board (DRB) or Historic Preservation Board (HPB)for single family
homes designed with an understory no longer be required and that such homes be reviewed for
permit administratively.
The administrative review of understory homes was not included in the final adoption of the
updated LDRs, but the City Commission did approve an increase in the allowable height of up to
31 feet, for single-family homes utilizing an understory. Previously, the maximum height was 28
feet for RS-1 and RS-2 properties, and 24 feet for RS-3 and RSA properties. The additional
height is intended to ensure livable and climate responsive ceiling heights for the understory area,
while allowing the same floor to ceiling heights for the habitable floors that can be achieved in
non-understory homes.
Page 1028 of 1859
Although this increased height limit for understory homes applied uniformly to all IRS districts, the
ORB has consistently limited the additional height on smaller RS-3 and RS-4 zoned properties to
not more than 3 feet above the maximum permitted height of 24 feet for flat roofs. Since RS-1
and RS-2 districts already had a higher maximum height allowance of 28 feet, the ORB has
typically allowed understory homes on these properties to add up to an additional 3 feet, not to
exceed 31 feet.
The attached ordinance is an amendment to Section 7.2.2.3 of the LDRs, pertaining to the
development regulations for the RS-1, RS-2, RS-3, and RS-4 single-family residential districts.
Specifically, the following is proposed:
1. Understory homes would no longer require mandatory approval from the ORB or HIPS.Approval
from the ORB or HPB would be required if waivers or variances are sought_
2. The maximum height for understory homes has been clarified, pursuant to the specific zoning
district, and in a manner consistent with previous approvals by the ORB.
3. For RS-3 properties that have a minimum lot size of 18,000 square feet, the height may be
increased by up to three (3)feet, which is commensurate with the maximum height limit of similar
sized pamels in the RS-1 and RS-2 districts.
4.A provision for the posting of a property containing a future understory home has been included,
to allow adjacent neighbors to be notified of a permit application.
The minimum requirements set forth under the development regulations for all single-family
homes provide an established framework for new construction and are considered an expectation.
The primary responsibility of the ORB and HP8 would be to review applications involving waivers
and variances, and the review process for both boards provides an opportunity for affected
property owners to provide comment and feedback regarding such exceptions.
The development regulations specific to understory homes are very detailed and any proposal to
vary from these requirements, either in the form of a waiver or variance, would still require ORB
or HIPS review. The proposal to allow administrative review of understory homes that comply with
all the requirements set forth in the Code would result in more homes utilizing this type of design
and would significantly further the City's resiliency goals and objectives.
PLANNING BOARD REVIEW roposed
On October 29, 2 224, the Planning Board held a public hearing and transmitted the p
ordinance to the City Commission with a favorable recommendation (4-3). The Planning Board
also recommended that an applicability provision be included, that would allow for single family
homes currently in process to continue under the current regulations in the LDRs. This
applicability provision is included in the draft ordinance.
UPDATE
The ordinance was approved at First Reading on November 20, 2024, with the following
amendments: '
1. Include property owner information in the posting requirement.
2. Include a revision to Section 2.7.2.2.3.b to allow RS-4 and RS-3 Zone properties with a lot
size of more than 18,000 square feet to obtain approval from the Design Review Board or
Historic Preservation Board, as applicable, for an increase in the height limit by up to three
additional feet.
These modifications have been incorporated into the revised ordinance for Second Reading.
Additionally, the City Commission requested that a survey be conducted, of property owners
experience with understory applications at the DRB. To this end, the attached survey was sent
Page 1029 of 1859
(by regular mail and electronic mail) to homeowners and design professionals who have made an
application to the ORB over the last five years. Also attached is a summary of the survey results.
received as of January 14, 2025
Finally, the City Commission referred the ordinance to the LUSC for additional discussion prior
to Second Reading. The City Commission requested that all homeowner associations (HOA) be
notified of the LUSC meeting. On December 17, 2024, the LUSC discussed the proposed
ordinance and reached a tie vote (2-2), resulting in an unfavorable recommendation The LUSC
also requested that that the three (3)feet of additional height be applicable only to the understory
portion of the home.
In response to the discussion at the LUSC, at the direction of the sponsor the following additional
adjustments are included in the ordinance for second reading.
1. A nine (9') foot minimum height requirement for understory areas. This is in response to the
recommendation of the LUSC for three (3 ) feet of additional height being specific to the
understory area.
2. Understory homes with a sloped roof are required to go before the ORB or HPB, as applicable.
regardless of height.
3. A height exception of up 10 12 inches for roof-top insulation needed for drainage on flat roofs.
4. DRB or HPB review of additional building height above the limits set forth in the regulations
would be required, in accordance with the applicable review criteria for each board. This would
replace variance requests for additional height
Lastly, the following illustrations are attached.
1. A comparison of the current height regulations for conventional homes, which do not require
mandatory DRB review.
2 A comparison of the current (24 feet) and proposed (28 feet) height regulations for understory
homes located in the RS-3 and RS-4 districts
3. A comparison of the current(28 feet) and proposed (31 feet) height regulations for understory
homes located in the RS-1 and RS-2 districts.
NOTE. A reference to lots over 18,000 square feet in the RS-3 district is included to reflect
the ordinance text.
As it pertains to these illustrations, it is important to note that the Floor heights of the habitable
levels do not include applicable interior elements such as ventilation, air conditioning ducts.
plumbing and electrical. These elements will reduce the actual height of the interior floor levels.
FISCAL IMPACT STATEMENT
No Fiscal Impact
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 111512024.
See BIE at: htlps�l/www miamibeachFl govldty-hall/city-clerklmeeting-notices/
FINANCIAL INFORMATION
NIA
Page 1030 of 1859
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Applicable Area
Citywide
Is this a "Residents Right to Know" item. Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2481
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s).
Department
Planning
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Condensed Title
9 15 a . 2nd Rdg, Understory Requirements in Single Family Districts. (Suarez) PL 5/7
Page 1031 of 1859
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1
I . What was your role in the DRB process?
How would you rate your overall experience with the DRB process?
1
3 How long did the DRB process take from initial submission to final approval?
Page 1042 of 1859
Over l2 —ontha
4. Were there any delays or challenges in the process? If so, please describe
briefly.
Enter �OUr answer
5. Did the DRB process improve the design of your home in terms of quality,
resilience, or climate adaptation? '
Ye,
No
Not sure
6. Was the time, effort, and cost required for the DRB process justified?
v,1.
Nc
Not wee
7. How much additional cost did the DRB process add to your project?
Enter our answer
8. Do you feel that if you don't agree with the DRB's suggestions, you could be
denied approval?
Page 1043 o/ 1859
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9. Do you feel that your rights as a property owner are threatened by the DRB
process?
BPS
NO
P:o1 "v e
10. Do you believe non-professionals or a board should have input on design
decisions if a professional architect and design team have been hired?
Yes
ti<,
Nai��•e
1 1. How effective was communication with staff during the process?
3 1
12. What aspects of the DRB process do you think could be improved?
Page 1044 of 1859
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13. Any additional comments or feedback?
EntFr po:u amwer
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