R9B-Ref- Planning Brd - Amend Single Family Dev Regulations Applicability -Wolg MIAMIBEACH
City of Miomi Beach, I /00 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: Jose Smith, CitV AttlneV
cc: Jimmy Morales, City Ma
DATE: April 30, 2014
SUBJECT: Amend Single Family Development Regulations Applicability
REFERRAL TO THE PLANNING BOARD OF AN ORDINANCE OF THE
MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CITY CODE, FLORIDA, BY AMENDING ORDINANCE 2014-3835, WHICH
REVISED THE DEVELOPMENT REGULATIONS FOR SINGLE FAMILY
HOMES IN THE RS-1, RS-2, RS-3 AND RS-4 ZONING DISTRICTS, WHICH
AMENDED SECTIONS 142-105 AND 142-106 OF THE GITY CODE, BY
AMENDING THE ORDINANCE'S APPLICABILIry SECTION 3,
"EXCEPTIONS," TO PROVIDE FOR ADDITIONAL EXGEPTIONS FOR
PERSONS WHO HAD APPLIED FOR LAND USE BOARD APPROVAL OR
PERMITS PRIOR TO ADOPTION OF THE ORDINANCE, PROVIDING FOR
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
The attached ordinance was prepared and placed on the agenda at the request of
Commissioner Wolfson. Since the item amends the applicability of an ordinance in the
Land Development Regulations, it should be referred to the Planning Board for hearing
and recommendation. Ordinance 2014-3835 is attached for your convenient reference.
Please advise if you need anything further.
ht
JS/GMH/s
Agenda ttem R4B
T:\AGENDA\20'14\April\Oversized SF Homes - Revised Applicabilily MEM.docx
Dalr- r-30- /r127
APPLICABILITY CLAUSE TO ORDINANCE 2014-3835
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 CITY CODE, FLORIDA, BY AMENDING ORDINANCE
2014-3835, WHICH REVISED THE DEVELOPMENT REGULATIONS FOR
SINGLE FAMILY HOMES IN THE RS-1, RS.2, RS.3 AND RS-.4 ZONING
DISTRICTS, WHICH AMENDED SECTIONS 142.105 AND 142-106 OF THE
CITY CODE, BY AMENDING THE ORDINANCE'S APPLICABILITY SECTION
3, "EXCEPTIONS," TO PROVIDE FOR ADDITIONAL EXCEPTIONS FOR
PERSONS WHO HAD APPLIED FOR LAND USE BOARD APPROVAL OR
PERMITS PRIOR TO ADOPTION OF THE ORDINANCE, PROVIDING FOR
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the regulation of additlons and new construction in single family districts
was necessary in order to ensure compatible development within the bullt character of the
single-famlly 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 City Commission recognizes that persons who had relied on the existing
regulations prior to the adoption of Ordinance 2014-3835, which reliance is indicated by their
preparing and filing applications for land use board approval or building permits prior to the
adoption of Ordinance 2014-3835, should be provided some relief based on such filings; and
WHEREAS, this amendment accomplishes the above objective.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEAGH, FLORIDA:
SECTION l. That Section 3, "Exceptions," of Ordinance 2014-3835, adopted February 12,
2014, is hereby amended to read as follows:
SECTION 3. EXCEPTIONS.
This ordinance shall not apply to:1. Anyone who filed an application for Land Use Board Approval with the Planning
Department on or before September 24,2013: or2. Anyone who obtained a Building Permit Process Number from the Building Department
on or before September 24,2013', or3. Anyone who establishes equitable estoppel as provided in City Code Section 1 18-168,
by obtaining a building permit or Design Review Board approval prior to zoning in progress or
City Commission adoption of this Ordinance; or4. Anvone who filed an application for Land Use Board Approval on or before Februarv 12,
2014, provided the proposed new home is consistent with all of the requirements set forth in the
Ordinance recommended bv the Planninq Board on September 24, 2013;or
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5. Anvone who filed an aoplication for permit with the Buildinq Department and received a
Buildinq Permit Process Number on or before Februarv 12, 2014. provided:
a. The proposed new home is consistent with all of the requirements set forth in the
Ordinance recommended bv the Plannino Board on September 24. 2013: and
b. The followino drawinqs. which are siqned and sealed bv a Reqistered Architect, are
included as part of the aoplication to the Buildinq Department:i. Site Plan:
ii. Floor Plans
iii Exterior Elevations
iv. All reouired Electrical, Plumbinq. Mechanical and Structural Drawinqs.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVEMBILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of 2014.
MAYOR
ATTEST:
CITY CLERK
Verified:
Planning Director Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading: ,2014
Second Reading: ,2014
T:\AGENDA\2014\April\Oversized SF Homes - Revised Applicability ORD.docx
129
SINGLE FAIT'IILY DEVELOPMENT REGULATIONS
oRDINANCE NO.2014-383s
AN oRDINANcE oF THE MAYORAND CIilCOMMISSION OF THE CIlrOF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA
BY AMENDING CHAPTER 142, "ZONING DISTRJCTS AND REGULATIONS,"
DIVISION 2, "RS-l, RS-2, RS€, RS4 SINGLE.FAMILY RESIOENTIAL
OISTRICTS," BY AMENDING THE CRITERIA AND PROCEDURES FOR THE
REVIEW AND APPROVAL OF SINGLE.FAi'ILY RESIDENTIAL
CONSTRUCTION, BY REPLACING THE SINGLE.FAMILY RESIDENTIAL
REVTEW PANEL, BY CLARIFYING AND AITENDING THE STANDARDS AtlD
PROCURES FOR REV]EWING 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; Al,lD AN EFFECTIVE DATE.
WHEREAS, the regulation of additions and new construGlion in single family districts is
necessary in order to ensure compatible development 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 and environmental quality of the City should be
preserved and protected; and
WHEREAS, the privacy, attractive pedestrian streetscapes and human scale and
character of the City's single-family neighborhoods, are important qualities to protect; and
WHEREAS, these regulations 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 IT ORDAINED BY THE MAYOR AND C]TY COMMISSION OF
THE CITY OF MIAIJ|I BEACH, ELORIDA:
SECTION 1. That Section 142-105, "Development regulations and area requirements", is
hereby amended as follovrrs:
Sec. 142-105, Development regulations and area requirements.
(a) ffihe review criteria and aoo/ication reouirements
C€velepm€nH€gslati€ne-for the RS-1, RS-2, RS-3, RS4 single-family residential
districts are as follows:
(1) Comptiance with regulations and review citeria.
130
Permits for new construction, alterations or additions to existing structures
shall be subject to administrative (staff level) review by the planning
director or designee
the lesion review board
(DRB). or historic oreservation board (HPB) as aoolicable, in order to
determine consistency with the review criterh listed in this section.
b. ln complying with the review criteria located in this section, the applicant
may choose either to adhere to the development regulations identified in
sections 142-105 and 142-106 administratively through staff level review
or seek enhancements of the applicable development regulations as
specified thereinglgrryigS| through approval from the SFf;ftB
historic preservation board or design review board, as-<ppt*nbtg_iq
accordance with the applicable desion review or aoorooriateness criteria.
ln the event the SFRFIP deee net eenvene due te laek ef a qsersm; tho
d€Eign review b€ard
jurisdi€tien=
in
feund-*t*in+he+ubeestiea*
*c-Notwithstanding the foregoing, for those structures located within a l@l!y
designated historic sile_g!g[ig!, or individually designated as an historic
structure or site, enlyfhe review and approval oJ the historic preservation
board (HPB)s'hall qlgllbe required.
ed-Notwithstanding the foregoing, for those structures constructed prior to
1942 and determined to be architecturally significant, in accordance with
section 142-108 herein, efilfthe review and approval of the design review
(2) *rr,, *?ir:1,m',:X'l f#lH;$-r"vi ew s h a r r e nco m pa s s th e exa m i natio n or
architectural drawings for consistency with the review crjteria a€C- j*f€',Emati€f,
reqleste.liete4.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.
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. ln this
regard, additional photographic, and contextual studies that delineate the
location of adjacent buildings and struc'tures mrygf3llbe required in
evaluating mmpliance with this criterion.
The selection of landscape materials, landscaping structures and paving
materials shall be reviewed to ensure a compatible relationship with and
enhancement of the overall site plan design and the surrounding
neighborhood.
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The 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.
The design and construction of the proposed structure, and/or additions or
modifications to an existing structure, indicates sensitivity to and
compatibility with the environment and adjacent slructures and enhances
the appearance of the surrounding neighborhood..
f. The proposed structure is located 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
context within the nelqhborhood.
S. The construction of an addition to a6 maln existing structure shall be
architecturally appropriate to the original desQn and scale of the main
existinq structurebsikliFg; the
architectural lanouaoe or stvle than the main existino structure buildifi€
erueture may Ue arenite but in a manner that is
comoatible with the scale and massinq of the erieinal-main existino
structure buildin'e.
h, trxt€rier harE en €
frent end eide elevatiene whieh faee a street er right ef way,
rEsireC siCe yard area fa€ing a etreet ehall be eed€led er lande€eped
Berviese epen spaee, With the exeeptien ef driveways anC Bath+l€aCing
te the building; paving may net extend any €leser thaa five feet te the frent
eflh€+uilCiF+
half the differenee between graCe; as defineC in seetbr 111 1; anC the
@kfl_The construction shall be in conformance with the requirements of article
lV, division 7 of this chapter with respect to exterior facade paint and
material colors.
(3) Application requirements for DRB or HPB review.
n*{nd-€lhe+|jn€l{J€|€
the{eua#in$
@M
ies'
'1, eeneeptual design drawingE ts sGalein€ludiflg but rl€t limited ls a
drawinge €llall b€ submitt
elevetien€"
6, Ceneral zening ealeulatiens and data suffisient te determine
132
I
I
@i+
@pplicationsshall @
and review criteria. soecified in Chaoter 118 Article Vl - Desion Review
Procedures or Article X. - Historic Preservation. of these land
develooment requlations (as apolicable). board bv-laws. or as determined
bv the Dlannino director, or desionee. However. the fee for aoolications to
the DRB for non-architecturallv sionificant homes constructed orior to
1942 and all hbmes constructed after 1942 shall be $150.00.require
tnre+eepie+'
ing
three memberc; tw€ ef whem shall he ar€hiteot€ and/er eth€r registered
fer a term ef ene year, Pafi€l members shall net deliberat€ in mere than
feur rneefnge per ealendar year unleee reqsireC due !e inability te setisfy
the{seH#+eqt+ir€meF+
b, Membershrp and qgalifreafr'en, Panel rn€Fnbere €hell-be ehesen by the eity
well €c s li6t ef re6iC€nE ef th€ 6iry, h develeBing th€ li€t ef r€giEtered
iea+
1, Ameri6an lnstitute ef nrchiteetcr l66al €h€pter,
ien'
'1, The Miami Beeign Preserva$en teagse
@e, iifE'en'fy fe appreve p/ane The quersm fer the SFRRP ehall be all three
rnembers and a simple majeriB will be neeeesary te ^ppreve any
net eenvene due te leek €f a querum; the eppli€atien may be r€direetedr at
the eleetien ef the applicant, t€ the deeign revi€w hearC er the hieterie
previde-l6ge+€€+rn€€t
+, tvleettngs and nef/aing req
detgrmined by the planning Cireeter, The heari{€-b€fere the SFRRP ehell
the planning direelor; er designee; prior t+th€ EsbmisEier} ef a requeEt er
ing
dale and shall be by mail netiee and pesting ef the BreBerty that ,is the
ing
133
lanC fl+lese ttran 100 feet te either siCe' rear ar€ aerees a ekeet er alley
frem th€ exterier preperty besn€lari€s ef thal subjeGt prep€rty, AE an
phnning and -ening webpage,
Sfqng ehall be te a in
ies
fer writ ef eertierari te the eireuit seurt,
iene
te the SFRRP shall be $150,00,(bl The develooment reoulations for the RS-1 . RS-2. RS-3. RS-4 sinole familv residential
districG are as follows:
1S){lLLot_ercZJ! width, lot coveraoe, unil size. and buildino hei
requirements. The lot area, lot width, lot coveraqe. and buildino heiqht unit+iae
ane-OuflginC+eigh+-requirements for the RS-1 , RS.2, RS-3, RS-4 single.family
residential districts are as follows:
5
134
-,I*l1itlI -trEXtt:iit$s*$$filttrr$$*,$$j*${$*s}iltt$*1$drt;tx$$$$$$lt*tr*,$tr$$tilI$fl*II$,135
2oninq
Disrict
!4idu
Lot Ar.a
(souare
feetl
Minimum Lot
E!E-(EI'
Maximum Lot
Coveraee for
a 2-storv
home (% of
lot areal*t
Maximum Unit Size
(% of Lot Areal
Marimum Euildine Heiqht.
which shall not exce€d two
stories above the minimum
flood elevation in all districts
at*
R5-1 30.0m 100
30%SOYo
28 feet - flat roofs.
31 feet - sloped roofs.
RS.2 18.000
30%so%
RS-3 10.000
5o-Oceanfront lots.
6GAll others
30%50%
24 feet - flat roofs.
27 feet - slooed roofs.
Mav be increased uo to 28
feet for flat rooA and 31 feet
for sloped roofs. when
aooroved bv the DRB or HPB
in accordance with the
aoolicable design review or
aoorooriateness criteria.
RS4 6.000 s0
30%50%
24 feet - flat roofs.
27 feet - slooed roofs.
rExceot those lots
fronting on a cul de
sac or circular
street as defined in
lot width.
+rSinsle storv
homes shall
follow the
reouirements
of Section
t42-
10s{b}(4)b
'*+ Heisht shall be measured
from the minimum reouired
flood elevation for the lot.
measured to the too of the
structural slab for a flat roof
and to the mid-ooint of the
slooe for a sloped roof. SinEle
Storv homes shall follow the
requirements of Section 142-
105(b)(4)b
136
(2) Maximum number of stories. The maximum number of stories shall not exceed
two above the minimum flood elevation.
followinq:
a Lot aooreoation for the ouroose of exoanded vards. or for the construction
of accessorv oools. cabanas. tennis courts. and similar accessorv
slructures. when detached from the main home with a minimum
seoaralion of 15 feet, which mav be aqoreqated to no more than three
contiouous lots; gI
b. Lot aoqreoation for the construction of a new home located in the middle
of a site consistinq of 3 lots. orovided the sum of the side vard setbacks of
the main structure are equivalent to the width of the smallest of the 3
aooreoated lots. and the overall unit size and lot coveraoe of the main
home shall be based uoon the combined size of the largest 2lots.(4) Unit size reouirements.
a. Minimum unit size: 1.800 souare feet.
+.b. For ourooses of
horizontal areas of the floqrs of a sinqle familv home. measured from the
exterior faces of exterior walls. However. the unit size of a sinqle family
home shall not include the followino. unless otherwise orovided for in
these land develooment reoulations
'1 . Uncovered steos.
2. Attic soace. orovidino structural headroom of less than seven feet
six inches.
3. Terraces. breezewavs. or ooen oorches. orovided anv such
covered spaces do not proiect more than ten feet from the buildino.
4. Enclosed floor soace used for required off-street oarkino soaces
{maximum 500 souare feet).
5. Exterior unenclosed orivate balconies. orovided anv such balconv
does nol oroiect more than six feet from the buildino.
c. For two storv homes with an overall lot coveraoe of 25% or oreater. the
ohvsical volume of the second floor shall not exceed 70% of the first floor
of the main home. exclusive of anv enclosed reouired oarkino area. The
DRB or HPB mav foreoo this requirement. in accordance with the
aoolicable desiqn review or aoorooriateness criteria.
d. Non-airconditioned soace located below minimum flood elevation.
Notwithstandino the above. for those orooerties located in the RS-1. RS-2.
RS-3. RS-4 sinole-familv residential districts, where the first habitable floor
is reouired to be located six (6') feet or more above orade in order to meet
minimum flood elevation reouirements. the followino shall aoolv:' '1. The heioht of the area under the maih structure mav have a
maximum floor to ceilino clearance of 7'-6" from orade. Exceot
that in the event that the minimum flood elevation reouires the
underside of the slab of the first habitable floor to exceed 7'-6"
from qrade. such slab shall not exceed the minimum flood
elevation as measured from qrade.
I
137
2. Uo to. but not exceedino. 600 souare feet of seoreoated oarkino
oaraqe area mav be oermitted under the main struclure.
3. The area under the first habitable floor of the main structure shall
consisl of non-airconditioned soace. which is at least 50% ooen.
Such area shall not be subdivided into different rooms. with the
, exceotion of the oarkinq oaraoe area. and reouired stairs and/or
elevators.
soace located directlv below the first habitable floor. shall not
count in the unit size calculations. orovided it remains ooen in
oerDetuitv.
(blclLtof coveE,ge (buitding footprint).pSa. General.
Ll . For lots aqqreqaled after September 24. 2013, when a third lot is
aooreoated, as limited bv Section 142-105(b)(3). the calculation of
lot coveraoe shall be determined bv the two lots on which the
house is located.@ e€€spy-€:sardm{#R
ing
ign-review
.
(3)!--One-story structures. One-story structures may eiceed the maximum 35
p€{€ont-lot coverage@ through staff
level review and shall be subject to the setback regulations outlined in
section 142-106, but in no instance shall the building footprint exceed 50
percent of the lot area. For purposes of this section, a one-story structure
shall not exceed 18 feet in height for flat roof structures and 21 feet for
as
measured from grade-.the minimum flood e
lot coveraoe. the heioht mav be increased up to 24 feet for a sinole flat
roof structure or 27 feet for a sinqle slooed roof structure (measured to the
mid-poinl of the slope). The lenoth of anv wall associated with this hioher
heioht shall not exceed 25 feet.
(3)4Ca/c ulating lot coverage- For purposes 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
accessory buildings, or portions thereof. lnternal Courtvards. which are
open to the skv. bnt which are substantiallv enclosed bv the structure on
three or more sides. shall be included in the lot coveraoe calculation.
Cotrr€.r€+r-€9utdoor covered areas, such as, but not limited to, loggias,
covered patios, pergolas, etc., that are open on at least two sides, and not
covered by an enclosed floor above, shall not be included in the lot
coverage calculation.
(4d. Ganages. 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-previ@nd the
garage conforms to the following criteria:
I
138
+.L_The garage is one story in height and not covered by any portion
of enclosed floor area above. Enclosed floor area shall be as
deflned in section 1 14-1
F.LThe 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.
(6)e. Nonconforming strucfures. 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 lX, '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 slructure
may be replaced regardless of the above noted regulations existing at the
time of destruction.
f. Demolition of architecturaily 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 142-1OB(6) Roof decks. Roof decks shall not exceed six inches above the main roofline and
shall not exceed a mmbined deck area of 25 oercent of the enclosed floor area
immediatelv one floor below. reoardless of deck heioht. Roof decks shall be
setback a minimum of '10 feet from each side of the exterior outer walls. when
located alonq a front or side elevation. and from the rear elevation for non-
waterfront lots. The DRB or HPB mav foreoo the required rear deck sethack. in
accordance with the aoolicable desion review or aoorooriateness criteria.
(e)fZt fArott rcst+ieieaqeeplioos 'fhe height regulation exceptions contained in
section 142-1 161 shall not apply to the RS-1,2, 3 and 4 zoning districts. The
following exceptions shall apply, and unless otheruise specified in terms of
height and location, shall not exceed ten feet above the roofline of the structure.
ln general, height exceptions that have not been developed integral to the design
intent of a structure shall be located in a manner to have a minimal visual impact
on predominant nelghborhood view coridors as viewed from public rights-of-way
and waterways.
(1'1. Chimneys and air vents, not to exceed five feet in height.
@(3)2. 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 eltend interior
habitable space. Such structures shall not exceed a combined area of 20
percent of the enclosed floor area immediately one floor below4g!g!4[
10
139
be setback a minimum of '10 feet from the oerimeter of the enclosed floor
below.
(4)3. Radio and television antennas.
4. .Paraget walls, not to
exceed three and one-half feet above the @
roof deck height-andselLack a minimum of '10 feet from.the oerimeter of
the enclosed floor below.
(6)6. S+aiF,vetl€nd-eElevator bulkheads ie3eneralshall be located as close to
the center of the roof as oossible and t+be visually recessive such that
they do not become vertical extensions of exterior building elevations.
leealael- diredly aleng reqgired eetbaek linee, SFRRP; hieterie
preservation ^eard er design review b€ard; as a^plicable; shell ^e
125 ^ereentefthedepth efthe neareet sethaek, Depth shall he rneasureC
@ine.
F)LSkylights, not to exceed five feet above the main roofline.
(8)8. Air conditioning and mechanical equipment not lo exceed five feel above
the main roofline and malt-g@[!_be required to be screened in order to
ensure minimal visual impact as identified in the general section
description above.
{9)g._Rooftop wind turbines, not to exceed ten feet above the main roofline.(8) Exterior buildino and lot standards, The followino shall aoolv to all buildinos and
orooerties in the RS-1. RS-2. R$3. RS-4 sinole-familv residential districts:
a. Exterior bars on entrvwavs. doors and windows shall be orohibited on
front and side elevations. which face a Skeet or riqht-of-wav.
b. Adiusted orade. ln no instance shall the elevation of anv reouired vard be
hioher than one-half the difference between orade, as defined in section
114-1. and the minimum required flood elevation.
inc
let pur€uant te seEtien 112 103 shall be 6ubje6t te th€ fellgwing reguirern€nte:
(1) Only an et graCe; osrfe€€d parking let Ehall be pennitteC fursuant te thi€
the landeeape requirementb and eriteria ae set fefth ifl €ha-ter 118; artiele
Vl; and reetien 13'l 6; re'peetively, These revbw eriteria ere in additien te
118r artiele lV,
(3) Fer purpeses ef thie eubseeti$ enly; a Barking l€t within the RS 'l dietrist
iw
@('l) Permanent surfa€€s ef a parking let reviewed pursuanlte thie eubeeetien
@
11
140
@
@
ie+
SECTION 2. That Section 142-106,'Setback requirements for a single-family detached
dwelling", is hereby amended as follows:
Sec. 142-106. Setback requirements for a single-family detached dwelling.
The setback requirements.for a single-family detached dwelling in the RS-1, RS-2, RS-3, RS4
single-family residential districts are as follows:
(1) Front yards: The minimum front yard setback requirement for these districts shall
be 20 feet.
a. One-story structures may be located at the minimum front yard setback
line.
b. The second floor of llwo-story structures eF-tho-6€€eHC4eoF-shall be set
back a minimum of ten additional feet from the required front yard setback
line.
c. Up to 50 percent of the developable width of the second floor may
encroach foruard to the 2o-foot setback line through staff level review.
Portions that encroach fomrard in excess of 50 percent shall require
SFRRPT-historic preservation board;3; design review board approval, ae
aoorooriateness criteria.
landscaoed oervious ooen soa_ce. With the exceotion of drivewavs and
oaths leadinq to the buildino. oavino mav not extend anv closer than five
feet to the front of the buildinq.(2\ Side yards:
The sum of the required side yards shall be at least 25 percent of the lot .
width.
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 greaterJlJsg
at least 35 oercent of the reauired side vard area facino a street shall be
sodded or landscaDed oervious ooen soace. With the exceotion of
drivewavs and oaths leadino to the buildino. oavino mav not extend anv
closer than five feet to the front of the buildinq.
lnterior 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.
Two-story side elevations located in-pexim*y#gllg!!9-g_side
property line shall not exceed 50 percent of the lot depth, or 8@feet,
whichever is less, without incorporating additional open space. in excess
of the minimum required side vard. directly adjacent to the required side
yard. The additional open space shall be regular in shape._goen.!c..,]!he,
skv from orade, and at least eight feet in depth, measured perpendicular
d.
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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 thresheld ef the preldmity shall be equal te er leee than 150 Perc€nt
he intent of this regulation
shall 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-€FRRP, historic preservation
boar4.gdesign review board approval, @
the aDplicable desion review or aopropriateness criteria.
e. Nonconformino vards.
1 . lf th,+x 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 connection with the renovation shall meet
S+Allsetback regulations existin g at the time,glggljlhryiE
exempted under chaoter 118. article lX of these Land
Develooment Reoulations..
2. When an existino sinole-familv structure is beino renovated less
than 50 oercent of the value determination. as prescribed bv the
buildino official oursuant to the standards set forth in the Florida
Buildino Code. and the sum of the side vards is less than 25
percent of the lot width. anv new construction. whether attached or
detached. includinq additions. mav retain the existino sum of the
side vards. orovided that the sum of the side vards is not
decreased.
Lf,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 has a nonconforming jglgglglside yard setback of at least five feet,
the interior sidevard setback of new construction in connection with
the existlng building may be allowed to follow the existing building
lines. The maintenance of th+1[l5-nonconforming lq@flqside yard
setback shall apply to the construction of a second floor addition to
sinole-farnilv homes constructed orior to Seotember 6. 2006. and to
the linear extension of a single story building, as long as the addltion
does not exceed 18 feet in height for a flat roof structure and 21 feet
s
measured from the minimum flood elevation gred+-lf the linear
extension is two-stories. the second floor shall meet the minimum
reouired vards and the recessed area created bv this setback shall
not be accessible or habitable. Notwithstandinq the foreooino. if an
existino interior side vard is less than five feet. the minimum side vard
for anv new construction or addition on that side shall be ten oercent
of the lot width or seven and one-half feet. whichever is qreater.+hi6
family hemes eenetrusteC as ef (the effeetive dat€ ef thie erCinan€€),
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142
The eenetruetien ef a greund fleer additien ef mere than ene etery
@.(3) Rear The rear setback requirement shall be 15 percent of the lot depth, 20 feet
minimum, 50 feet maximum.
be sodded or landscaoed Dervious ooen soace: the water oortion of a swimmino
oool mav count toward this reouirement.
SECTION 3. EXCEPTIONS.
This ordinance shall not apply to:
1. Anyone who filed an application for Land Use Board Approval with the Planning
Department on or before September 24,2013; or
2. Anyone who obtained a Building Permit Process Number from lhe Building
Department on or before September 24,2013; or
3. Anyone who establishes equitable esloppel as provided in City Code Section 1 18-
168, by obtaining a building permit or Design Review Board approval prior to
zoning in progress or City Commission adoption of this Ordinance.
sEcTroN 4. coDtFtcATtoN.. lt 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
relettered to accomplish such intention, and the word "ordinance" may be changed to "section',
"article", or other appropriate word.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION6. SEVERABILIW.
lf any section, subsec'tion, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTEOtnis /Jl+ aay ot Febr.aqr
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