Ordinance 2025-4691 Visibility Triangle Requirements for Oceanfront Properties - LDR
ORDINANCE NO. 2025.4691
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 III, ENTITLED "OVERLAY
DISTRICTS," DIVISION 1, ENTITLED "DUNE PRESERVATION AND
OCEANFRONT OVERLAYS," SECTION 7.3.1.2, ENTITLED
"OCEANFRONT," BY REFERENCING COMPLIANCE WITH NEWLY
CREATED SECTION 14-1 OF THE MIAMI BEACH CODE, ENTITLED
"BEACHWALK ACCESS AND VISIBILITY," AND ADOPTING
CORRESPONDING AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, a separate amendment to Section 14-1 of the City Code has been drafted to
regulate structures and landscaping within six (6) to ten (10) feet of public access points to the
Beachwalk that obstruct pedestrian visibility between two (2) and ten (10)feet in height; and
WHEREAS, the proposed changes align with Crime Prevention Through Environmental
Design (CPTED) guidelines, promoting safer public spaces; and
WHEREAS, a companion amendment to Section 7.3.1.2 of the Land Development
Regulations (LDRs) is proposed to ensure consistency with the new visibility requirements for
oceanfront properties; and
WHEREAS, the amendments set forth below are necessary to accomplish all of 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 Miami Beach Resiliency Code, entitled "Zoning Districts and
Regulations," Article III, entitled "Overlay Districts," is hereby amended as follows:
CHAPTER
ZONING DISTRICTS AND REGULATIONS
ARTICLE III. Overlay Districts
DIVISION 1. DUNE PRESERVATION AND OCEANFRONT OVERLAYS
SECTION 7.3.1.2 OCEANFRONT.
b. Additional regulations for oceanfront lots (Oceanfront Overlay).
Oceanfront lots shall have a minimum required rear yard setback of 50 feet at grade
and subterranean levels measured from the bulkhead line in which there shall be no
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construction of any dwelling, hotel, apartment building, commercial building, seawall,
parking areas, revetment or other structure incidental to or related to such structure
except in accordance with the following provisions:
10. Oceanfront lots shall be required to comply with Section 14-1 of the Miami Beach
City Code.
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; thatthe 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. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 3 day of F.P6rcrc y 2025.� ''•— -
ATTEST: 1 rG�/
Steven Meurer, Mayor
Rafael . Granado, City Clerk
First Reading: December 11, 2024
Second Reading: bruarl3, 2 25
Verified By: l
Tho as R. Moo y AICP APPROVED AS TO
Planning Director FORM AND LANGUAGE
Sponsored by Commissioner Tanya K. Shaft M
ECUTION
zll I zozq
i y AIfforney Vj�— Date
T:\Agenda\2024\1 1 December 2024\Planning\Visibility Requirements Dceanfmnt LDR-First Reading ORD.doex
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Ordinances -R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE. February 3, 2025 9.35 a.m. Second Reading Public Hearing
TITLE: VISIBILITY TRIANGLE REQUIREMENTS FOR OCEANFRONT PROPERTIES —
LDRAMENDMENT
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 III, ENTITLED "OVERLAY DISTRICTS,"DIVISION
1, ENTITLED "DUNE PRESERVATION AND OCEANFRONT OVERLAYS,"
SECTION 7.3.1.2, ENTITLED"OCEANFRONT,"BY REFERENCING COMPLIANCE
WITH NEWLY CREATED SECTION 14-1 OF THE MIAMI BEACH CODE,
ENTITLED "BEACHWALK ACCESS AND VISIBILITY," AND ADOPTING
CORRESPONDING AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS; 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 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:
i. 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.
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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.
ANALYSIS
Currently, fences and gates located in the rear of oceanfront properties are limited to a maximum
height of seven (Y)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.
A separate amendment to Chapter 14 of the City Code has been proposed, 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.
To ensure that future development projects are consistent with the standards and regulations
contained in Chapter 14,the attached amendment to Section 7.3.1.2 of the LDRs, which provides
a reference to the applicable requirements of Chapter 14 in the development regulations of the
Oceanfront Overlay, is also proposed.
PLANNING BOARD REVIEW
On November 26, 2024, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-0).
UPDATE
The subject ordinance was approved by the City Commission at First Reading on December 11,
2024, with no changes.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
H applicable, the Business Impact Estimate (BIE)was published on: 116/2025
See BIE at: https�/hw miamibeachfl oov/city-halllcity-clerk/meetinu-notices!
FINANCIAL INFORMATION
Not Applicable
Page 1073 of 1859
CONCLUSION
The Administration recommends 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. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s)-
Department
Planning
Sponsortsl
Commissioner Tanya K. Bhatt
Co-sponsorls)
Condensed Title
935 a . 2nd Rdg, Visibility Triangle Requirements for Oceanfront Properties-LDR
Amendment- (Bhatt) PL 5/7
Page 1074 of 1859