BIE - INCREASED AND ENHANCED POROUS SURFACE REQUIREMENTS (6/20/2025)
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: July 23, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
INCREASED AND ENHANCED POROUS SURFACE REQUIREMENTS
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
“MIAMI BEACH RESILIENCY CODE,” BY AMENDING CHAPTER 5, ENTITLED “OFF-STREET
PARKING,” ARTICLE III, ENTITLED “DESIGN STANDARDS,” SECTION 5.3.11, ENTITLED
“PARKING LOT DESIGN STANDARDS,” BY MODIFYING THE POROUS PAVEMENT
REQUIREMENTS FOR SURFACE PARKING LOTS; 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,” BY MODIFYING THE MINIMUM OPEN SPACE AND PERVIOUS
AREA REQUIREMENTS IN SINGLE-FAMILY RESIDENTIAL DISTRICTS; AND PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE
Is a Business Impact Estimate Required?
X Yes ☐ No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
☐ The proposed Ordinance is required for compliance with Federal or State law or
regulation; ☐ The proposed Ordinance relates to the issuance or refinancing of debt; ☐ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget; ☐ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City; ☐ The proposed Ordinance is an emergency ordinance; ☐ The Ordinance relates to procurement; or ☐ The proposed Ordinance is enacted to implement the following:
a. Private applications for comprehensive plan amendments and land
development regulation amendments;
b. Development orders, development permits, and development agreements;
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Business Impact Estimate
Page 2
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. Summary
A summary of the proposed ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the ordinance, as well as in the recitals
to the ordinance itself, provided at First Reading and attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
The proposed ordinance does not apply to existing, legally established
businesses.
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply to existing, legally established
businesses.
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
The proposed ordinance would generate no more than nominal additional
regulatory costs, which may be associated with administration activities by
applicable City departments.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not apply to existing, legally established
businesses.
4. Additional comments:
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Ordinances - R5 J
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:May 21, 2025 9:55 a.m. First Reading Public Hearing
TITLE:INCREASED AND ENHANCED POROUS SURFACE REQUIREMENTS
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 “MIAMI BEACH RESILIENCY CODE,” BY
AMENDING CHAPTER 5, ENTITLED “OFF-STREET PARKING,” ARTICLE III,
ENTITLED “DESIGN STANDARDS,” SECTION 5.3.11, ENTITLED “PARKING LOT
DESIGN STANDARDS,” BY MODIFYING THE POROUS PAVEMENT
REQUIREMENTS FOR SURFACE PARKING LOTS; 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,” BY MODIFYING THE MINIMUM
OPEN SPACE AND PERVIOUS AREA REQUIREMENTS IN SINGLE FAMILY
DISTRICTS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) approve
the subject ordinance at First Reading and schedule a Second Reading public hearing for July
23, 2025.
BACKGROUND/HISTORY
On June 26, 2024, at the request of Commissioner Tanya K. Bhatt, the City Commission referred
an item pertaining to the enhancement and expansion of pervious and porous area requirements
(C4 V) to the Land Use and Sustainability Committee (LUSC). On July 9, 2024, the LUSC
discussed and continued the item to the September 5, 2024, meeting with direction to the
Administration to develop options in accordance with the following:
1. Increase and enhance porous attributes of driveways and walkways in residential districts.
2. Establishing minimum porous requirements in surface parking lots.
3. Explore the use of porous material within on-street parking spaces.
4. Increase and enhance water quality and water retention elements in residential districts.
On September 5, 2024, the item was deferred to a future LUSC meeting date, with no discussion.
On October 14, 2024, the LUSC recommended that the City Commission refer an ordinance
amendment to the Planning Board in accordance with the recommendations in the LUSC memo.
On November 20, 2024, at the request of Commissioner Tanya K. Bhatt, the City Commission
referred the attached ordinance to the Planning Board (C4 M).
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ANALYSIS
Existing Requirements
Pursuant to Chapter 5 of the Land Development Regulations of the City Code (LDRs), pertaining
to off-street parking, open-air parking lots, including all parking spaces and drive lanes, must be
constructed with one of the following:
1. A high albedo surface consisting of a durable material or sealant in order to minimize the
urban heat island effect; or
2. Porous pavement.
High albedo surface and porous pavement are defined as follows:
High albedo surface means a material that has a solar reflectance value of 0.65 or greater on the
Solar Reflectance Index ("SRI"), consistent with the Cool Roof Rating Council Standard Product
Rating Program Manual ("CRRC-1"), as may be amended from time-to-time.
Porous pavement means a pavement material that allows for water to drain through the pavement
surface into the ground. Such pavement shall have a minimum of 20 percent of air content, or
voids to allow for the water to drain.
Additionally, all parking lots must comply with the minimum landscaping requirements set forth in
Chapter 4 of the Resiliency Code.
Pursuant to Chapter 7 of the of the LDRs, the following is required as it pertains to minimum open
space and yard requirements in single family (RS) districts:
At least 50 percent (50%) of the required front yard and side facing a street yard areas
(including portions of the rear and front yards) shall be sodded or landscaped pervious open
space.
If an understory is provided, at least 70 percent (70%) of the required front yard and street
side yard areas shall consist of sodded or landscaped pervious open space.
At least 70 percent (70%) of the required rear yard shall be sodded or landscaped pervious
open space.
Depending on the lot size, there are also minimum open space requirements in the residential
multi-family districts.
Proposed Amendments
The attached draft ordinance proposes to amend Chapters 5 and 7 of the LDRs, to increase and
enhance porous area requirements for driveways and parking lots, as well as required yards in
single family (RS) districts. The following is a summary of the proposed amendments:
Section 5.3.11. Parking Lot Design Standards
Open-air parking lots, open to the sky, must be constructed with the following:
1. A high albedo surface consisting of a durable material or sealant in order to minimize the urban
heat island effect shall be required on all non-landscape surfaces and areas that do not consist
of porous pavement.
2. A minimum of 60% of all non-landscape surfaces and areas shall consist of porous pavement.
Section 7.2.2.3 Development Regulations (RS)
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The following applies to all properties located in the RS-1, RS-2, RS-3, RS-4 single-family
residential districts:
1. For non-understory (berm) homes, the minimum required pervious landscape area within a
front yard and side facing a street yard has been increased from 50% to 70%. However, this
pervious open space requirement may be less than 70%, but no less than 50%, if all driveways,
paths, walkways and any other paved areas consist of porous pavers set in sand.
2. For understory homes, the current requirement for at least 70% of the required front yard and
street side yard areas to consist of sodded or landscaped pervious open space remains.
Additionally, allowable exterior walkways and driveways within the front and street side yards are
now required to have porous pavers, set in sand, as opposed to consisting of semi-pervious
material.
3. If a swimming pool or any other water feature is located in the side yard, facing a street the
area of the water may not count as part of the open space.
4. At least 70% of the required rear yard shall be sodded or landscaped pervious open space and
the water portion of a swimming pool may no longer count toward this requirement.
Regulatory Review Changes
Currently, building permit applications, whether part of unincorporated Miami-Dade County, or a
municipality, such as Miami Beach, are also reviewed by DERM (Department of Environmental
Resources Management). This includes, but is not limited to, permits related to new construction,
additions, interior remodeling, change of use, demolition, docks, sea walls, and pools. As part of
an amended county ordinance, which was adopted by the County on September 4, 2024, DERM
will also now be enforcing new pervious area requirements, in accordance with the amended
county regulations.
Also, as of March 31, 2025, non-structural improvements, such as a concrete decks, pavers, or
an extension of a pool deck, are now reviewed by DERM, in addition to the City of Miami Beach
for consistency with city regulations. DERM will be reviewing all of these standalone application
types, when not tied to a building permit, for compliance with the county’s new pervious
requirements.
All municipalities in the County, including Miami Beach, must provide confirmation that the city
code meets the minimum standards of the county ordinance by December 31, 2025. If the
municipalities do not meet the minimum county requirements, DERM will review the
improvements noted above for consistency with the county requirements.
The following is an illustrative summary of the county’s new requirements related to single
family districts:
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Swimming Pools
While the water portion of swimming pools are counted toward the minimum pervious area
requirements under existing regulations, they do not function as pervious surfaces. A pervious
surface is defined as one that allows water to infiltrate into the ground, contributing to groundwater
recharge and reducing surface runoff. However, swimming pools are impermeable structures that
prevent water infiltration, effectively increasing runoff rather than mitigating it. Further, with the
increasing frequency of heavy rainstorms, pools often fill quickly and overflow. Removing pools
from pervious surface calculations reflects the functional reality of how they impact stormwater
management and drainage.
Amending the regulations to exclude the water portions from swimming pools from pervious
surface requirements also promotes more effective stormwater management and will encourage
property owners to install pervious surfaces such as permeable pavers, gravel, or landscaped
areas, which directly contribute to groundwater recharge and reduced runoff. This adjustment
would enhance local flood control, improve water quality, and support environmental sustainability
efforts.
Finally, the current inclusion of pools in pervious surface calculations creates confusion and
inconsistency in the application of land-use and building regulations. Removing pools from the
definition would provide clearer guidance to homeowners, builders, and regulatory authorities,
ensuring more consistent enforcement and reducing the potential for disputes over compliance.
PLANNING BOARD REVIEW
On January 7, 2025, the Planning Board reviewed the proposed ordinance and continued it to a
date certain of February 4, 2025. On February 4, 2025, the Board continued the review to a date
certain of March 4, 2025. On March 4, 2025, review of the ordinance was continued to a date
certain of April 8, 2025.
On April 8, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0). The Board also
recommended the following:
1. The following applicability section be included in the ordinance:
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, or obtained a building permit process
number no later than sixty (60) days following adoption.
2. With the elimination of the allowance for the water portion of a pool to count towards the
minimum landscape requirements in the rear yard, the Board recommended that an allowance
be given for landscaped courtyards to help make up for deficiencies in the rear yard
requirements.
The Administration is supportive of these recommendations, with some additional modifications
as noted in the summary and conclusion.
SUMMARY
Amending the current regulations to reflect the current requirements of Miami-Dade County and
removing swimming pools from pervious surface calculations is a necessary step toward
improving regulatory clarity, enhancing environmental protection, and supporting sustainable
development. This adjustment would align local standards with best practices in stormwater
management while giving property owners more effective tools to meet environmental and
development goals.
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As it pertains to the Planning Board recommendations, the Administration recommends the
following:
1. The applicability provision be limited to applications that were in process prior to the transmittal
date of the ordinance by the Planning Board. Additionally, this provision should be clarified so
that it does not supersede County requirements.
2. The following additional text be added to Section 7.2.2.3 of the LDRs to provide an additional
option for addressing pervious surface area in rear yards:
The aforementioned sodded or landscaped pervious open space requirement may be
reduced to less than 70 percent (70%) but shall be no less than 50 percent (50%), provided
that additional sodded or landscaped pervious area is included along an interior or street
side elevation, the area of which is equal to or greater than the deficiency in the 70% rear
yard requirement.
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:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the following:
1. The City Commission approve the subject ordinance at First Reading and schedule a Second
Reading public hearing for July 23, 2025.
2. The ordinance shall be revised for Second Reading, with the following amendments noted in
bold:
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:
* * *
(7) At 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 not count toward this requirement,
when located above adjusted grade, the water portion of a swimming pool may count towards
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50 percent of this requirement, provided adequate infrastructure is incorporated into the
design of the pool to fully accommodate on-site stormwater retention. The aforementioned
sodded or landscaped pervious open space requirement may be reduced to less than
70 percent (70%) but shall be no less than 50 percent (50%), provided that additional
sodded or landscaped pervious area is included along an interior or street side
elevation, the area of which is equal to or greater than the deficiency in the 70% rear
yard requirement.
* * *
SECTION 6. 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, or obtained a building permit process number, prior to April 8, 2025.
Notwithstanding the foregoing, this applicability section shall not supersede any
requirements set forth in the Miami-Dade County Code.
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
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
Sponsor(s)
Commissioner Tanya K. Bhatt
Co-sponsor(s)
Condensed Title
9:55 a.m. 1st Rdg PH, Increased & Enhanced Porous Surface Requirements. (Bhatt) PL 5/7
Previous Action (For City Clerk Use Only)
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