C4E-Ref- LUDC - Ordinance Amendment Pertaining To Oversized Single Family HomesMIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and M
DATE: September 11, 2013
SUBJECT: REFERRAL TO THE LAND USE ND DEVELOPMENT COMMITTEE -
ORDINANCE AMENDMENT PE AINING TO OVERSIZED SINGLE FAMILY
HOMES
ADMINISTRATION RECOMMENDATION
Refer the Ordinance Amendment to the Land Use and Development Committee for consideration
and recomme,ndation.
BACKGROUND/ANALYSIS
On June 25, 2013, the Planning Board discussed a proposed draft Ordinance pertaining to
oversized single family homes (see attached). The Planning Board deferred action on this
Ordinance pending the outcome of additional public workshops.
On July 17, 2013, the City Commission referred an Ordinance to the Land Use and Development
Committee that would create additional protections from total demolition for architecturally
significant single family homes. Additionally, the Commission directed the Administration to hold a
workshop at the September 23, 2013 Land Use Committee meeting, in order to discuss the single
family home issues and proposed legislation in a comprehensive manner.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the proposed
Ordinance Amendment, pertaining to oversized single family homes, to the September 23, 2013
Land Use and Development Committee workshop for consideration and recommendation.
Attachment ,z \...
JL~RGLfTRM
T:IAGENDA\2013\September 11\Referral to LUDC-Oversized SF Homes Ordinance.docx
Agenda Item C. 'I£
156 Date 9-11--13
SINGLE FAMILY DEVELOPMENT REGULATIONS
ORDINANCE NO. ___ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," DIVISION 2, uRS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY
RESIDENTIAL DISTRICTS," BY AMENDING THE CRITERIA AND PROCEDURES FOR THE
REVIEW AND APPROVAL OF SINGLE-FAMILY RESIDENTIAL CONSTRUCTION, BY
REPLACING THE SINGLE-FAMILY RESIDENTIAL REVIEW PANEL, BY CLARIFYING AND
AMENDING THE STANDARDS AND PROCURES FOR REVIEWING NEW CONSTRUCTION
AND ADDITIONS IN SINGLE FAMILY DISTRICTS, INCLUDING MODIFICATIONS TO LOT
COVERAGE, UNIT SIZE AND OVERALL HEIGHT, BY CLARIFYING THE BELOW FLOOD
LEVEL CONSTRUCTION REQUIREMENTS FOR AFFECTED PROPERTIES IN HIGH FLOOD
ZONES, AND BY CLARIFYING SETBACK AND LOT COVERAGE REQUIREMENTS;
PROVIDING CODIFICATION; REPEALER; SEVERABILITY; ANGAN EFFECTIVE DATE.
WHEREAS, the regulation of additions an~ new construction in>~lrlgle family districts is
necessary in order to ensure compatible develop~t within the built character of the single-
family neighborhoods in the City; and
WHEREAS, new homes and additions that are compatible with the prevailing character
of existing residential neighborhoods should be encouraged and promoted; and
WHEREAS, the identity, image ··~ envit~~tal quality of the City should be
preserved and protected; and
WHEREAS, the privacy, attractive peaestrian streetscapes and human scale and
character of the City's singl&-familynaigV9orhoods, are important qualities to protect; and
WHEREAS, these regutations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City's single-family districts.
NOW THEREFORE BE:1T ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF M.f.l BEACH, FLORIDA:
SECTION 1. That Section 142·105, "Development regulations and area requirements", is
hereby amended as follows: ··
(a) RS 1, RS 2, RS 3, RS 4 districts. The review criteria and application requirements
development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential districts
are as follows:
(1) Compliance with regulations and review criteria.
a. Permits for new construction, alterations or additions to existing structures shall be
subject to administrative (staff level) review by the planning director or designee or in certain
instances subject to a public hearing by the single family residential review panel (SFRRP)
design review board (ORB) in order to determine consistency with the review criteria listed in
this section.
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b. In complying with the review criteria located in this section, the applicant may choose
either to adhere to the development regulations identified in sections 142-1 05 and 142-1 06
administratively through staff level review or seek enhancements of the applicable
development regulations as specified therein through approval from the SI=RRP, historic
preservation board or design review board, as applicable. In the event the SFRRP does not
con•,rene due to lack of a quorum, the application may be redirected, at the election of the
applicant, to the design review board or the historic JS)reservation eoard, •..vhichever has
jblrisdiction.
c. SFRRP af:)J:~roval shall be in accordance ;•.'ith the JS)rocedblres contained in sections 142
1 Q5 and 142 1 Oe. Further clarification of the limits of the af:)JS)roval powers of the panel
relative to single family structures may be found '•:ithin the Sblbsections.
4 c. Notwithstanding the foregoing, for those structures IP:&ted within a locally designated
historic site district, or individually designated as an hist<lll"ic structure or site, ooly the review
and approval of the historic preservation board (HPBt~~l may be required.
e. d. Notwithstanding the foregoing, for those sfft:l¢tur'es constructed prior to 1942 and
determined to be architecturally significant, in accoroance with section 142-108 herein, ooly
the review and approval of the design review board (ORB) sRaU may be required.
(2) Review criteria. Staff level or SI=RRP review shall encompass the examination of
architectural drawings for consistency with the review criteria and information requests listed
below:
a. The existing conditions of the lot, including but not limited to topography, vegetation,
trees, drainage, and waterways shall be considered in evaluating the proposed site
improvements. .
b. The design and layout of the proposed site plan inclusive of the location of all existing and
proposed buildings shall be reviewed with particular attention to the relationship to the
surrounding neighborhood, impact on contiguous and. adjacent buildings and lands, and
view corridors. In this regard, additional photographic, and contextual studies that delineate
the location of adjacent buildings and structures may be required in evaluating compliance
with this criterion. ~
c. The sele¥tion of landscape.,materials, landscaping structures and paving materials shall
be review&G 'fO ensure a ~atible · relationsh'tJl:,with and enhancement of the overall site
plan: design and the surrounding neighborhood,·.···
d. lhe dimensions of all buildings, structures, setbacks, height, lot coverage and any other
information that may be reasonably necessary to determine compliance with the
requirements of the underlying zoning district.
e. The design and construction of the proposed structure, and/or additions or modifications
to an existing ~tructure, indicates sensitivity to and compatibility with the environment and
adjacent structures and enhances the appearance of the surrounding neighborhood.
f. The proposed struotur~~ is focated in a manner that is responsive to adjacent structures
and the established pattern of volumetric massing along the street with regard to siting,
setbacks and the placement of the upper floor.
g. The construction of an addition to an existing structure shall be architecturally appropriate
to the original design and scale of the building; the structure may be architecturally
redesigned, but in a manner that is consistent in design and material throughout.
h. Exterior bars on entryways, doors and 't'>'indows shall be J:IFOhibiteEI on front and side
elevations whish face a street or right of \Nay.
i. At least 35 percent of the required front yard area and 35 persant of the reqblired siEie yarEI
area faoin§l a street shall be soEided or landscaped pervious open space. With the exception
of driveways and paths leading to the buildin§l, pavin§l rnay not extend any closer than five
feet to the front of the buildin§l.
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j. In ne instance shall the elevatien ef any required yard be higher than one half the
difference between grade, as defined in sectien 11!1 1, and the minimum required flood
elevation.
k:-h. The construction shall be in conformance with the requirements of article IV, division 7
of this chapter with respect to exterior facade paint and material colors.
(3) Application requirements for HPB or ORB review.
a. Applications shall be made te the planning de,:>artment and shall include the follo•Ning:
1. A cem,:>leted applicatien form.
2. A notariz:ed o•.-..ner's affidavit.
3. Color photegraphs of the site and adjacent 13roperties.
4. Conceptual design drawings te scale including but not ~i!ed to a site plan, building fleer
plan(s), elevations and landscape design, sufficient te e·.~atwate the overall proposed project.
Additionally, drawings shall be submitted in "pdf' fermat in ardor to allo•.v posting to the city's
j:~lanning and zoning webpage.
5. Sur\'eys dated within 6 months of the aj:J~=Jiicaugrt that incf~ site elevations.
6. General zoning calculations and data sufficient to deterMinE:! compliance with zoning
criteria.
b:-SFRRP ORB or HPB applications shall follow the application procedures and review
criteria specified in Chapter 118 of these lan:d development regulations, as determined by
the planning director, or designee. However, tl:le: fee for applications tt:fthe ORB for non-
architecturally significant homes constructed prior to 1942 and all homes constructed after
1942 shall be $150.00. require seven copies of the required exhibits while staff level revie•.v
shall require three copies.
c. All applications for review ley the SFRRP must be filed vw;ith the planning department no
later than 21 calendar d~ys before the: meeting EJ~.
(4) Single family residential Fe\'tew paneL
a. CoFRposition ana. term of panel membeFS. The panel shall be coFRposed ef three
members, i'No of whom shall be architects and/or other registered design professionals, and
one shall ee .. a resiEient' ef ttle city,. each to eien•e for a terFR of one year. Panel members
shall. not delibe.rate in more than fOYF MeetingS·.per calenEiar year unless required due to
inability' to satisfytf:fe quorum ,-equirement. · .. · ·
b. Membership and ~alification: Panel FRem6ers shall be chosen by the city manager or
designee on a rotating basis or as available froFR a list of not more than 2Q architects anEI/or
other registered design professionals; as well as a list of residents of the city. In developing
the list of ·registered j:lrefessionals, names should be submitted froFR the following
associations:
1. Amerioan Institute of /\rchitests, local chapter.
2. American Society of Lar:~ascape Arohitects, local chapter.
3. Amerioan Planning 1\esooiation, local section.
4. The Miami Design Preservation League
5. Dade Heritage Trust.
o. Majority to a~(:)rove plans. The quorum for the SFRRP shall be all three FReFRbers ana a
simple majority \•Jill be necessary to approve any a~~lication. In the event the single faFRily
residential reviO'I,' panel Eloes not convene due to lack of a quoruFR, the application may eo
reEiirected, at the election of the applicant, to the Elesign revie'N board or the historic
preservation board whichever has jurisdiction. The planning department shall (:)rovide staff
su~port to the SFRRP and the city attorney's office shall pro•Jide legal counsel.
d. Meetings and noticing requirements. The SFRRP shall have regularly scheduleEI
meetings on a monthly easis, or as frequently as neeEied, as determined by the planning
director. The hearing before the SFRRP shall be de novo, anEl the applicant shall have a
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preapplication conference vtith the plannin!iJ elirecter, or Elesignee, prior to the submission ef
a request or an application to Eliscuss any aspect of the process. Noticing of SFRRP
meetings shall occur no less than 14 ealenelar Elays prior to the hearing Elate ana shall be by
mail notiee ana posting ef the property that is the subject of the hearing. The preparation of
the mail notice ana mailing labels shall apply only to acijacent property owners ef single
family zoneel lana ne less than 100 feet to either side, rear and across a street or alley from
the exterior property bounelaries of the sblb:ject property. /\s an aelditional ceblrtesy, projeet
Elrawings shall ee posted online at the city's planning and zoning weepage.
e. Recommendations and appeals. In addition to approving or denying the application, the
panel may recommend changes te the conceptual plans and specifications eased en the
recommendations of planning department staff ana/or the eemments written or otherv.-ise
from any member of the pblblic dblring its deliberation of the item. An appeal of any Eleeision
of the SFRRB shall be to a special master appointed by the city commission, in accordance
with the proceelures set forth in subsection 118 537(b) of these land development
regulations. Thereafter review shall be by petition for ..... rit of certiorari to the circ~::~it court.
f. Fees for examination of plans ana specifica:ijens. The tee fpr applications to the SFRRP
shall be $1 §0.00. ' '> / :\c~ '.•/ c?:•;~(:;-
(b) The development regulations for the R'S-1. RS-2, RS-3, Rs~4 s!Agle-family residential
districts are as follows:
(1) Lot area and lot width, ~::~nit size and building requirements. The lot ~a, and lot width,
unit size and bblileling height requirements for theRS-1, RS-2, RS-3, RS-4 single-family
residential districts are as follows:
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Minimum Lot
Area (Square
Feet)
R$-1 = 30, 000
RS-2 = 18, 000
RS-3 = 10,000
RS-4 = 6,000
Minimum Lot
Width (Feet)*
RS-1=100
RS-2=75
Oceanfront
RS-3 =50
All other
RS-3.= 60
RS-4 =50
*Except tfiose
lots fronting on a
cui de sac or
circular street as
defined in lqt
width.
(2) Unit size requirements.
MiRiR'Il:JR'I Unit MaxiR'II:IR'I Unit
Size (Sq~:~are Size (% of Lot
~ Afea1
eO% ef let ·at=ea
witl=l the ability t&
iRsFeaso te 7Q% ·
1,800 tl=im~:~gl=i S~RRP,
FIPB et; 9RB
~f*Eil.el, as
ap~licable.
.·
•••••
Maximum
Bt~ilain§l l=lei§JI=It::
2§ feet fG~ lots eO
feet in ~·fiatl=l eF
les&
bets greateF tl=lan
sg feet in la.1,1]Eitl=l:
I 'lfl ........... ~ .. A... .. .... ,.,.,.
strustures.
33 feet fe~ sle~eel
roof StFl:JGti:IFeS.
Fleight may alse
eo aQ% af lot
•.tfidtl=i, 1:113 to a
ma:ximum of 33
feet rega~less of
lot size 9F FOof
ty13e tl=lm~:~gl=l
SI=RRF!, FIPB OF
I=IF!B 3f3f3F9WI, as
af3f3licable.
:: l=lei§JI=It sl=lall ee
rneas~:~red from
grade, as deliReel
in sestion 114 1.
MaximbiFR
~I~:~R'Iee~ of Stories
.., ......... , .... ....,·
' flees eiO'.atieR
deteFFRiRatien
a. For purposes of this subsection, unit size means the sum of the gross horizontal areas of
the floors of a single family home. measured from the exterior faces of exterior walls.
However. the unit size of a single family home shall not include the following, unless
otherwise provided for in these land development regulations:
1. Uncovered steps.
2. Attic space, providing structural headroom of less than seven feet six inches.
3. Terraces. breezeways, or open porches.
4. Floor space used for required off-street parking spaces.
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5. Exterior unenclosed private balconies.
b. The unit size requirements for the RS-1, RS-2. RS-3. RS-4 single-family residential
districts are as follows:
1. Minimum unit size: 1 ,800 square feet
2. Maximum unit size shall not exceed 50% of the lot area. The maximum unit size may
exceed 50% of the lot area. up to a maximum of 70%. when approved by the ORB or
HPB. as applicable.
(3) Lot coverage (building footprint). The lot coverage requirements for the RS-1. RS-2. RS-3.
RS-4 single-family residential districts are as follows:
a. General.
.1. Buildings or structures may occupy a maximum lot co\ferage of 3a 30 percent of the lot
area upon which the building or structure is erected administratively through staff level
review thro~::~§!h SFRRP approval, design revie~':tjoaFEl or historic preservation eoard
approval, as applisaele. · · ·
f.:. Otherwise, b~uildings or structures may exceed a maximum lot coverage of 30 percent
when approved by the ORB or HPB, as applicable. administratively through staff le'Jel
revie\•J but in no instance shall occupy A9 · tnore than JG 35 percent of the lot area upon
which the building or structure is erected, with the exception of Archite.cturally Significant
single family homes. renovated in accordance with section 142-108 herein.
b. One-story structures. One-story structures may exceed the maximum 35 percent lot
coverage through staff level review a.nd shall be subject to the setback regulations outlined
in section 142-106, but in no instance shaU the building footprint exceed 50 percent of the lot
area. For purposes of this section, a one-story structure shatt not exceed 18 feet in height as
measured from grade. ·
c. Calculating lot coverage, For purpo~ of calculating lot coverage, the footprint shall be
calculated from the exterior face of exterior walls and the exterior face of exterior columns
on the ground floor of all principal and a~ory buildings, or portions thereof. However,
outdoor covered areas, such as, but not limited to, loggias, covered patios, pergolas, etc.,
that are open on at least two s~d~,and not covered by an enclosed floor above, shall not be
included~in the lot coverage ci:JJCulation.
d. Garages. A maximum of 500 square feet of garage space shall not be counted in lot
coverage if the area is limited to garage, storage and other non-habitable uses as provided
through restrictive covenant and the garage conforms to all the following criteria:
.1. The garage is one story in height and not covered by any portion of enclosed floor area
above. Enclosed floor area shall be as defined in section 114-1.
2. The vehicular entrance(s} of the garage is not part of the principal facade of the main
house.
3. The garage is constructed with a vehicular entrance(s) perpendicular to and not visible
from the right-of-way, or the entrance(s) is set back a minimum of five feet from the principal
facade of the main house when facing a right-of-way.
e. Nonconforming structures. Existing single-family structures nonconforming with respect to
sections 142-105 and 142-106, may be repaired, renovated, rehabilitated regardless of the
cost of such repair, renovation or rehabilitation, notwithstanding the provisions of chapter
118, article IX, "Nonconformance." Should such an existing structure constructed prior to
October 1, 1971, be completely destroyed due to fire or other catastrophic event, through no
fault of the owner, such structure may be replaced regardless of the above noted regulations
existing at the time of destruction.
t. Demolition of architecturally significant single-family homes. Proposed new construction
that exceeds the original building footprint of a demolished architecturally significant single-
family home shall follow the provisions of section 142-108.
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(4) Height restriction regulations. The height regulations for the RS-1, RS-2. RS-3, RS-4 single-
family residential districts are as follows
a. Stories. Unless otherwise noted, the maximum number of stories for all buildings shall not
exceed 2 stories above minimum flood elevation.
b. Maximum height. The maximum height for all buildings shall be measured from grade. as
defined in section 114-1. For lots 60 feet in width or less. the maximum height shall not exceed
25 feet. For lots greater than 60 feet in width, the maximum height shall not exceed 30 feet for
flat roof structures or 33 feet for sloped roof structures. Notwithstanding the foregoing, the
maximum height may also be 50% of lot width. up to a maximum of 33 feet. regardless of lot
size or roof type, through the ORB or HPB approval process. as applicable.
c. Exceptions. The height regulation exceptions contained in section 142-1161 shall not apply to
the RS-1, 2, 3 and 4 zoning districts. The following exceptions shall apply, and unless otherwise
specified in terms of height and location, shall not exceed ten feet above the roofline of the
structure. In general, height exceptions that have ng~ been developed integral to the design
intent of a structure shall be located in a manner to have .,ca minimal visual impact on
predominant neighborhood view corridors as viewed from public rights-of-way and waterways.
fB 1. Chimneys and air vents, not to exceed five feet in height.
~ 2. Decks, not to exceed six inches above the main rooflirt$ and not exceeding a
combined deck area of 50 percent of the en~d floor area immediately.one floor below.
t3t 3. Decorative structures used only for ornamental or aesthetic purposes such as spires,
domes, belfries, and covered structures, which are open on all sides, and· are not intended
for habitation or to extend interior habitable space. Such structures shall not exceed a
combined area of 20 percent of the encloSed floor area immediately one floor below .
.(4-14. Radio and television antennas.
{Sf 5. Parapet walls, not to exceed three and on~alf feet above the maximum permitted
height. . .
{61 6. Stairwell and elevator oolkheads in gen:eFar shaft be located to be visually recessive
such that they do not become vertical extenSions of exterior building elevations located
directly along required setback lines. S~RRP, Approval from the historic preservation board
or design review board, apprEVJal as applicable, shall be required when the bulkhead's
proximity to a property line is closer than)25 percent of the depth of the nearest required
setback yare (s). Depth shall ~ measured perti)endicular from the property line.
fB 7. Skylights, not to exceed fu1,e feet above the main roof line.
~ 8. Air conditioning and mechanical equipment not to exceed five feet above the main roof
line and may be required to be screened in order to ensure minimal visual impact as
identified in the general section description above.
(5) Exterior building and lot standards. The following shall apply to all buildings and properties
in the RS-1. RS-2, RS-3. RS-4 sif!gle-family residential districts:
(1) Exterior bars on entrvways. doors and windows shall be prohibited on front and side
elevations, which face a street or right-of-way.
(2) Adjusted grade. In no instance shall the elevation of any required yard be higher than
one-half the difference between grade, as defined in section 114-1. and the minimum
required flood elevation.
(6) Non-airconditioned space located below m1n1mum flood elevation. For those properties
located in the RS-1. RS-2, RS-3, RS-4 single-family residential districts where the first habitable
floor is required to be located five (5') feet or more above grade, in order to meet minimum flood
elevation requirements. the following shall apply:
{1) The height of the area under the main structure may have a maximum floor to ceiling
clearance of 7'-6" from grade. In the event that the minimum flood elevation requires the
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underside of the slab of the first habitable floor to exceed 7'-6" from grade, such slab shall
not exceed the minimum flood elevation as measured from grade.
(2) Up to. but not exceeding. 600 square feet of segregated parking garage area may be
permitted under the main structure.
{3) The area under the first habitable floor of the main structure shall consist of non-
airconditioned space. which is substantially open. Such area shall not be subdivided into
different rooms. with the exception of the parking garage area. and required stairs and/or
elevators.
{4) The parking garage area and '!12 of the open. non-airconditioned floor space located at or
below grade, and directly below the first habitable floor, shall not count in the unit size
calculations.
~ill Conditional use permit An application for a condi:UQnat use approval for a parking lot
pursuant to section 142-103 shall be subject to the followiri:g r~aquirements:
(4-ta. Only an at-grade, surfaced parking lot shall be perm itt~ pursuant to this subsection. A
parking structure, building or garage shall not be PE*'mitted.
~b. An application for a parking lot submitted pt.ltsuant to this subsection shall be subject to
the design review procedures, requirements and criteria and the landscape requirements and
criteria as set forth in chapter 118, article Vljiand section 134-6, res~ctively. These review
criteria are in addition to the required conditionaHJse procedur;es and critetja set forth in chapter
118, article IV.
fJ}c. For purposes of this subsection only, a parking lot within the RS-4 district shall not exceed
10,000 square feet in area and 65 feet in width, inclusive of all paved and landscaped areas.
{419. Permanent surfaces of a parking lot reviewed pursuant to this subsection shall meet the
following minimum setbacks:
a-1. Front yard: 20 feet
-l:r.2. Side yard, interior: a ~ yard immediately adjacent to the RS-4 district, ten feet;
otherwise zero feet
&.-3. Rear yard: five feet.
t§te. No variances shall be granted from the requirements of this subsection.
SECTION 2. That Section 142:-106, "Setba;dk requirements for a single-family detached
dwelling", is hereby amended as f6ttows:
The setbaCk requirements f<>r a singte4am ily detached dwelling in the RS-1, RS-2, RS-3, RS-4
single-family.residential districts are as follows:
( 1) Front yarcts: The minimum front yard setback requirement for these districts shall be 20 feet
a. One-story structures may be l.ocated at the minimum front yard setback line.
b. Two-story structures or the second floor shall be set back a minimum of ten additional feet
from the required front yard setback line.
c. Up to 50 percent of the:pevelopable width of the second floor may encroach forward to the
20-foot setback line through staff level review. Portions that encroach forward in excess of 50
percent shall require SFRRP, historic preservation board, or design review board approval, as
applicable.
d. At least 35 percent of the required front yard area shall be sodded or landscaped pervious
open space. With the exception of driveways and paths leading to the building, paving may not
extend any closer than five feet to the front of the building.
(2) Side yards:
a. The sum of the required side yards shall be at least 25 percent of the lot width.
e,.b. Side, facing a street. Each required side yard facing a street shall be no less than ten
percent of the lot width or 15 feet, whichever is greater. Also. at least 35 percent of the required
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side yard area facing a street shall be sodded or landscaped pervious open space. With the
exception of driveways and paths leading to the building, paving may not extend any closer than
five feet to the front of the building.
a.c. Interior sides. Any one interior side yard shall have a minimum of ten percent of the lot
width or seven and one-half feet, whichever is greater.
&.-d. Two-story side elevations located in proximity to a parallel to a side property line shall not
exceed 50 percent of the lot depth, or 80 feet, whichever is less, without incorporating additional
open space, in excess of the minimum required side yard, directly adjacent to the required side
yard. The additional open space shall be regular in shape, open to the sky from grade, and at
least eight feet in depth, measured perpendicular from the minimum required side setback line.
The square footage of the additional open space shall not be less than one percent of the lot
area. The threshold of the proximity shall be equal to or less than 150 percent of the width of the
required side yard setback. The intent of this regulation s~ be to break up long expanses of
uninterrupted two-story volume at or near the required side yard setback line and exception
from this provision may be granted only through SFRRP, historic preservation board, or design
review board approval, as applicable. ·
e. Nonconforming yards.
Llf tAe ~ single-family structure is renovated in excess of 50 percent of the value
determination, as determined by the building official pursuant to the standards set forth in
the Florida Building Code, any new construCtion in connec;tion with the,~novation shall meet
tAe all setback regulations existing at the time, unless Otherwise exempted under chapter
118. article IX of these Land Development Regulation$.
2,. When an existing single-family strUcture is being renovated less than 50 percent of the
value determination. as prescribed by the building offiCial pursuant to the standards set forth
in the Florida Building Code. and the sum oftbe side yards is less than 25 percent of the lot
width, any new construction. whether attached or detached, including additions. may retain
the existing sum of the Side.vards, provided that the sum of the side yards is not decreased.
LWhen an existing single-family structure is f)efng renovated less than 50 percent of the
value determination, as prescribed by the butlding official pursuant to the standards set forth
in the Florida Building Code, and has a nonconforming interior side yard setback of at least
five feet, the interior side .yard setback of neVI{ c;onstruction in connection with the existing
building may be allowed to foffow the existing·t),uilding lines. The maintenance of tAe this
nonc;onforming interior side yard setback shall apply to the construction of a second floor
addition to single-family. homes constructed prior to September 6. 2006. and to the linear
extension of a single story building, as long as the addition does not exceed 18 feet in height
as measured from grade. If the linear extension is two-stories, the second floor shall meet
the minimum required yards and the recessed area created by this setback shall not be
accessible or habitable. This shall also apply to the construction of a second floor addition to
single family homes. constructed as of (the effective date of this ordinance). Notwithstanding
the foregoing, if an e:xisting interior side yard is less than five feet. the minimum side yard for
any new construction or addition on that side shall be ten percent of the lot width or seven
and one-half feet. whichever is greater. The construction of a ground floor addition of more
than one story shall follow the required setbacks.
(3) Rear: The rear setback requirement shall be 15 percent of the lot depth, 20 feet minimum,
50 feet maximum. At least 70 percent of the required rear yard area shall be sodded or
landscaped pervious open space; the water portion of a swimming pool may count toward this
requirement.
SECTION 3. 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
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relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in confHct herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE. .
This Ordinance shall take effect ten days following adoj)tlon.
PASSED AND ADOPTED this __ day of_.,......,__....,.. ___ , 2013.
ATTEST:
CITY CLERK
First Reading:
Second Reading~
12013
'2013
Verified .by:--------,--
Richard Lorber, AICP
.· Acting Planning Director
Underscore denot~~ new languag~
08/27/2013
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FQR EXECUTION
City Attorney
T:\AGENDA\2013\September 11\Referral to LUDC-Oversized SF Regs DRAFT ORO June 2013 PB.docx
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