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Home My WebLink AboutBIE - Side yard Open Space Requirements in SF Districts (4/1/2026) 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: April 22, 2026 SUBJECT: BUSINESS IMPACT ESTIMATE SIDE YARD OPEN SPACE REQUIREMENTS IN SINGLE FAMILY DISTRICTS 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 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 TWO-STORY HOUSE STANDARDS SPECIFIC TO OPEN SPACE REQUIREMENTS FOR SIDE ELEVATIONS OF SINGLE-FAMILY HOMES; 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; 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 Docusign Envelope ID: D83C7C18-CAA4-4A21-A969-778FD9ECA310 Business Impact Estimate Page 2 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: Docusign Envelope ID: D83C7C18-CAA4-4A21-A969-778FD9ECA310 Ordinances - R5 R COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Eric Carpenter, City Manager DATE:March 18, 2026 10:45 a.m. First Reading Public Hearing TITLE:SIDE YARD OPEN SPACE REQUIREMENTS IN SINGLE FAMILY DISTRICTS 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 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 TWO STORY HOUSE STANDARDS SPECIFIC TO OPEN SPACE REQUIREMENTS FOR SIDE ELEVATIONS OF SINGLE-FAMILY HOMES; 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 April 22, 2026. BACKGROUND/HISTORY On February 3, 2025, at the request of Commissioner David Suarez, the City Commission referred a discussion item pertaining to the minimum open space requirements for the side elevations of two-story single-family homes (C4 AC) to the Land Use and Sustainability Committee (LUSC). On May 8, 2025, the LUSC discussed and continued the item to a future meeting for additional updates. On July 10, 2025, the LUSC recommended that the City Commission refer an ordinance amendment to the Planning Board, in accordance with the recommendations in the LUSC memorandum. On September 3, 2025, at the request of Commissioner David Suarez, the City Commission referred the proposed ordinance to the Planning Board (C4 C). ANALYSIS Section 7.2.2.3.b.2 of the Land Development Regulations of the City Code (LDRs) requires that 2-story single-family homes exceeding 60 feet in length incorporate additional open space beyond the minimum required side yards. The purpose of this additional open space is to introduce movement to long expanses of uninterrupted two-story volumes at or near the required side yard setback lines, providing visual relief to neighboring properties. The attached draft ordinance amends Section 7.2.2.3.b.2 of the LDRs, by updating and clarifying the additional open space regulations for side elevations of 2-story single-family homes. The proposed amendments include updates to the location and minimum dimensions of the additional required open space, as well as provisions for such space to be utilized as a water feature. PLANNING BOARD REVIEW Docusign Envelope ID: D83C7C18-CAA4-4A21-A969-778FD9ECA310 9 0 9 8 On October 16, 2025, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (6-0). 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 that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for April 22, 2026. 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 David Suarez Co-sponsor(s) Condensed Title Docusign Envelope ID: D83C7C18-CAA4-4A21-A969-778FD9ECA310 9 0 9 8 NR- 10:45 a.m. 1st Rdg, Side Yard Open Space Requirements in Single Family Dist. (DS) PL 5/7 Previous Action (For City Clerk Use Only) Not reached on 2/25/2026 - R5 H; Not reached on 2/5/2026 - R5 Y; Not reached on 12/17/2025 - R5 Y Docusign Envelope ID: D83C7C18-CAA4-4A21-A969-778FD9ECA310 Side Yard Open Space Requirements in Single Family Districts ORDINANCE NO . _____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH , FLORIDA, AMENDING THE CODE O F THE CITY OF MIAMI BEACH , SUBPART B, ENTITLED "MIAMI BEACH RESILIENCY CODE," BY AMENDING CHAPTER 7 , EN T ITLED "ZONING DISTRICTS AND REGULATIONS," ARTIC LE II , EN T ITLED "DISTRICT REGULATIONS ," SECTION 7.2.2, ENTITLED "RS-1 , RS-2 , RS-3 , RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS ," BY MODIFYING THE TWO-STORY HOUSE STANDARDS SPECIFIC TO OPEN SPACE REQUIREMENTS FOR SIDE ELEVATIONS OF SINGLE- FAMILY HOMES ; AND PROVIDING FOR CODIFICATION, REPEALER , SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS , the Mayor and City Commission desire to amend the current requirements in the Land Develop ment Reg ulations pertaining to two-story s in gle-fam il y homes; and WHEREAS, th e Ci t y Commission at its Feb ruary 3, 2025 meeting , at t he request of Co mmi ssione r David Suarez , referred discussion item C4 AC to the Land Use and Sustainabi lity Commi ttee ("LUSC") to discuss the minim um open s pace requiremen ts for the side e levations of two-story single-fa mily homes; and WHEREAS, t he LUSC at its May 8, 2025 meeting discussed and continued the item to a fu ture meeting for additio na l updates ; and WHEREAS, th e LUSC at its July 10, 2025 meeting recommended that the City Co m mi ss ion refe r an o rd inance amendment to the Plan ning Board , and the City Comm ission did so at the September 3 , 2025 Commission meeting ; and WHEREAS, the Pl anning Board at its October 16, 2025 meeting recommended the item favo ra bl y to the City Commissio n; and WHEREAS , add itio nal open space w ill break up long expanses of uninterrupted two-story vol ume at or near the req uired side yard setback line; and WHEREAS, these amendme nts are an important component of t he City's resiliency strategy; and WHEREAS , clarifying the open space requiremen ts wi t hin side ya rds of two -story homes promotes t he gene ral health, safety an d welfare of the reside nts of the Ci ty; and WHEREAS , t he amendments set forth be low are necessary to accomplish all of the above objectives. Page 1 of 3 Docusign Envelope ID: D83C7C18-CAA4-4A21-A969-778FD9ECA310 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 "Zo ning Districts and Regulations ," Article 11 , entitled "District Regulations ," is hereby amended as follows : CHAPTER 7 ZONING DISTRICTS AND REGULATIONS * * * ARTICLE II. DISTRICT REGULATIONS * * * 7 .2.2 RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS * * * 7 .2 .2 .3 Development Regulations (RS) * * * b . The development regulations for the RS-1 , RS-2 , RS-3 , RS-4 single-family residential districts are as follows: * * * 2. Two Story Houses Standards. A. Open Space Requirements for Two-Storv Side Elevations . .L. All portions of +we-two-story side elevations located parallel to facing a side property line shall not exceed 50 percent (50%) of the lot depth, or 60 feet, whichever is less, without incorporating additional open space that exceeds,---ffi excess of the minimum required side yard , directly adjacent to the required side yard. Jl The additional open space shall comply with the following : 1.,_ The additional open space shall be regular in shape, open to the sky from ~. and shall be at least S 1 feet in depth , measured perpendicular from the minimum required side setback line . The open space shall also be at least 4 feet in width . 2. The additional open space may be provided in multiple locations along the side property line. provided each location meets the minimum width and depth specified herein. The aggregate square footage of the additional open space shall not be less than one percent (1 % ) of the lot area. -1_ The elevation (height) of the open space provided shall not exceed the Design Flood eElevation of the first habitable floor , and at. Page 2 of 3 Docusign Envelope ID: D83C7C18-CAA4-4A21-A969-778FD9ECA310 4 . At least 50 percent (50%) of the total req uired interior ope n space area shall be sodded or cons ist of la ndscaped perv ious open space area or an in - ground wate r feat ure 1 suc h as a pond or decorative pool. T he additional remai ning open space may also conta in mechanical eq uipment. I ll. The intent of th is regulat ion shall be to add itional open space sha ll break up long expanses of uninte rrupted two -story volume at or near the requi red side yard se tback line .:. 1.:L Exceptions and exception from the minimum requi rements of this prov ision may be granted on ly through historic preservation board , or design review board approval, as may be appl icable , in acco rdance w ith the app licable des ign rev iew or appropriateness cr it eria . SECTION 2. REPEALER. A ll ord inances or parts of ordinances and all sect ion and parts of sec ti ons in conflict herewith are hereby repea led . SECTION 3. CODIFICATION. It is the intention of th e Ci ty Commiss ion, and it is hereby ordained that the prov isions of th is ord inance shall become and be made part of the Code of the Ci ty of Miami Beach as ame nded ; th at the sections of this ord inance may be renumbered or re lett ered to accomp li sh such inte ntion ; and that the word "ordinance " may be change d to "section" or other appropriate word . SECTION 4. SEVERABILITY. If any sect ion , subsection , clause or prov ision of th is Ordinance is he ld invalid , the remainde r sha ll not be affected by such invalidi ty. SECTION 5. EFFECTIVE DATE. Th is Ord inance sha ll take effect t en ( 10 ) days follow ing adopt ion. PASSED AND ADOPTED th is __ day of _______ , 2026 . ATTEST: Rafael E. Granado , City Cle r k First Reading : Decembe r 17 , 2025 Second Readi ng: Ja nuary 28 , 2026 Ver ified By : Thomas R. Moo ney , AICP Plann ing Director St even Meiner, Mayor APPROVED AS TO FO RM & LANGUAGE & FO R EXECUTI ON (£) 1z.Js•"j-a:,z.(' City Attorney~ Date T:\Agend a\2025 \ 13 December 17, 2025 \Pla nning\Side Yard Open Spac e Req uiremen ts in SF Districts -Firs t Read ing O RD .docx Pag e 3 of 3 Docusign Envelope ID: D83C7C18-CAA4-4A21-A969-778FD9ECA310