2007-3568 OrdinanceORDINANCE NO. 2007-3568
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 142
"ZONING DISTRICTS AND REGULATIONS," ARTICLE IV
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4
"SUPPLEMENTARY YARD REGULATIONS" BY AMENDING SECTION 142-
1132 "ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS,"
SECTION 142-1132(0) "PROJECTIONS" BY AMENDING THE PERMITTED
WIDTH OF WALKWAY ENCROACHMENTS IN REQUIRED YARDS FOR
PURPOSES OF COMPLYING WITH ACCESSIBILTY REQUIREMENTS, AND
BY CLARIFYING TECHNICAL LANGUAGE REGARDING ALLOWABLE
ENCROACHMENTS; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Section 142-1132 of the City Code "Allowable Encroachments Within
Required Yards" specifies the various types of accessory buildings and ancillary structures
which may encroach into the required setback areas of front, side and rear yards; and
WHEREAS, Section 142-1132(0) of the Code contains provisions to permit certain
specified projections to project into required yards; and
WHEREAS, currently this Section permits walkways to encroach in required yards, and
specifies that walkways that encroach into such setback areas shall be a maximum of three feet
wide; and
WHEREAS, over the past several years, staff has processed, and the Board of
Adjustment has approved, a large number of variance requests for waivers of the three foot
maximum walkway width, in many cases based upon the requirements of the Americans with
Disabilities Act (ADA); and
WHEREAS, the Board of Adjustment has voted to recommend an amendment to the
City Code requirements for walkway encroachments, which would harmonize the
encroachments permitted by Section 142-1132 with the ADA; and
WHEREAS, it is also deemed advisable to add certain technical language related to
allowable encroachments of projections, in order to clarify the provisions of this section.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142 "Zoning Districts And Regulations," Article IV "Supplementary
District Regulations," Division 4 "Supplementary Yard Regulations" Section 142-1132 "Allowable
Encroachments Within Required Yards," is hereby amended by amending Section 142-1132(0)
"Projections," as follows:
(o) Projections. In all districts, every part of a required yard shall be open to the sky, except
as authorized by these land development regulations. The following may project into a required
yard for a distance not to exceed 25 percent of the required yard up to a maximum projection of
six feet.
(1) Belt courses.
(2) Chimneys.
(3) Cornices.
(4) Exterior unenclosed private balconies
(5) Ornamental features.
(6) Porches, platforms and terraces pup to 30 inches above the elevation of the lot, as
defined in Section 142-105(a)1.e).
(7) Roof overhangs.
(8) Sills.
(9) Window or wall air conditioning units.
(10) Bay windows (not extending floor slab).
(11) Walkways: Maximum three and one-half feet. May be increased to a maximum of five
feet for those portions of walkways necessary to provide Americans with Disabilities Act
(ADA) required turn around areas and spaces associated with doors and gates.
Walkways in required front yards and side yards facing a street may exceed these
restrictions when approved through the design review or certificate of appropriateness
procedures, as applicable, and pursuant to Chapter 118, Article VI of the City Code.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 5th -day of September 2007.
Ordinance No.2007-3568
A EST:
CI LERK Robert Parcher
First Reading:
Second Reading:
Verified by:
AI
Director
Underscore d~rfotes new language
~t+'et~ denotes deleted language
M Matti Herrera Bower .,
Vice-Mayor
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
p7
City Attorney Date
F:\atto\HELG\Ordinances\Encroachments Ordinance rev.doc
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Section 142-1132 "Allowable Encroachments Within Required Yards," By
Amending The Permitted Width Of Walkway Encroachments In Required Yards For Purposes Of
Complying With Accessibility Requirements, And By Clarifying Technical Language.
Ke Intended Outcome Su orted:
Increase satisfaction with neighborhood character.
Supporting Data (Surveys, Environmental Scan, etc.): Development construction was ranked No. 5
by residents as one of the changes that will make Miami Beach a better place; and, 61 % of residents said
they are either satisfied or very satisfied with the fairness and consistency of the enforcement of codes
and ordinances in their neighborhood. __
Issue:
To increase the width of walkways permitted to encroach in required yards in order to be consistent
with the Americans with Disabilities Act (ADA).
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING
Section 142-1132 of the City Code permits walkways to encroach into required yards, but specifies that
walkways that encroach such setback areas shall be a maximum of three feet wide. Over the past several
years, a large number of variance requests for waivers to the three foot maximum walkway width have
been applied. These requests have been based upon the requirements of the Americans with Disabilities
Act (ADA), which requires a walkway width larger than three feet, to accommodate wheelchairs.
In order to reduce the number of variance requests related to this issue, the Board of Adjustment has
voted to recommend a change of the City Code requirements for walkway encroachments, to harmonize
the encroachments permitted with the ADA, in keeping with the idea of periodically examining the Code for
areas which may need updating, to harmonize with existing practice and other Code requirements.
The proposed ordinance would increase the width of walkways permitted to encroach in required yards
from three feet to three and one-half feet, and may be increased to a maximum of five feet for those
portions of walkways necessary to provide ADA required turn around areas and spaces associated with
doors and gates. Walkways in required front yards and side yards facing a street would be permitted to
exceed these restrictions when approved through the design review or certificate of appropriateness
procedures, as applicable, and pursuant to Chapter 118, Article VI of the City Code. The ordinance would
also add clarifying language regarding bay window and porch, platform and terrace encroachments.
Advisory Board Recommendation:
At the June 26, 2007 meeting, the Planning Board recommended (6-0, 1 member absent) that the
City Commission adopt the ordinance. The proposed ordinance was approved by the Land Use and
Development Committee at its July 9th meeting. Approved on first reading July 11, 2007.
Financial Information:
Source of Amount Account Approved
Funds: ~
2
3
4
OBPI Total
Financial Impact Summary: n/a
Ci Clerk's Office Le islative Trackin
Richard Lorber, Planning & Zoning Manager
~ ..Department Director ~ ~ Assistant City Manager ( City Manager ~
T: W G E N DA\2007Gsep0507\Regular\Encroachments
/~ ~ ~ ~ ~ AGEWDA ITEM R~'
'~ f~ DATE ~~~ V~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: September 5, 2007 PUBLIC HEARING
SUBJECT: Ordinance Amending Land Development Regulations:
Allowable Encroachments -Walkways
ADMINISTRATION RECOMMENDATION
Adopt the ordinance upon second reading public hearing.
BACKGROUND
At a previous Board of Adjustment meeting, the Board of Adjustment voted to recommend
an amendment to the Land Development Regulations harmonizing the existing provisions for
encroachments of walkways into required yards with the requirements of the Americans with
Disabilities Act (ADA).
The City Commission approved the proposed ordinance on first reading on July 11, 2007.
ANALYSIS
Section 142-1132 of the City Code "Allowable Encroachments Within Required Yards"
specifies the various types of accessory buildings and ancillary structures which may
encroach into the required setback areas of front, side and rear yards. In addition to
accessory buildings, canopies, carports awnings, decks, a/c equipment and generators,
fences and walls, driveways, etc., Section 142-1132(0) contains a list of certain specified
projections permitted to project into required yards.
Currently this Section permits walkways to encroach into required yards, but specifies that
walkways that encroach such setback areas shall be a maximum of three feet wide. The
rationale for this limitation is to permit space for landscaping and to ensure against an
excessive of impervious pavement or asphalt.
However, over the past several years, staff has processed a large number of variance
requests to the Board of Adjustment for waivers to the three foot maximum walkway width.
In most cases, these requests have been based upon the requirements of the Americans
with Disabilities Act (ADA), which often requires a walkway width larger than three feet, for
example, to accommodate wheelchairs.
In order to reduce the number of variance requests related to this issue, the Board of
Adjustment has voted to recommend a change of the City Code requirements for walkway
encroachments, which would make the encroachments permitted by Section 142-1132
Allowable Encroachments -Walkways
September 5, 2007
Page 2 of 2
consistent with the ADA. This is in keeping with the concept of periodically examining the
Code for areas which may need updating, to make it more consistent with existing practice
and other Code requirements.
Additionally, this ordinance would make two technical changes to the language of Section
142-1132(0), in order to clarify the intended meaning of the provisions of this section.
It would be made clear that the allowable encroachment of porches, platforms and terraces
into required yards (up to 25% of the required setback area, up to six feet maximum), is only
permitted for structures up to 30 inches above the elevation of the lot, as defined in Section
142-105(a)1.e. This would codify current practice. Also, it would be made clear that the
allowable encroachment for bay windows (also up to 25% of the required setback area, up to
six feet maximum) is not permitted to extend the floor plate, but only permits a bay window
which is raised up off the floor.
The proposed ordinance would increase the width of walkways permitted to encroach in
required yards from three feet to three and one-half feet, and may be increased to a
maximum of five feet for those portions of walkways necessary to provide Americans with
Disabilities Act (ADA) required turn around areas and spaces associated with doors and
gates. Walkways in required front yards and side yards facing a street would be permitted to
exceed these restrictions when approved through the design review or certificate of
appropriateness procedures, as applicable, and pursuant to Chapter 118, Article VI of the
City Code. The ordinance would also add clarifying language regarding bay window and
porch, platform and terrace encroachments.
FISCAL IMPACT
The proposed ordinance should have no associated negative fiscal impact upon enactment.
PLANNING BOARD ACTION
At the June 26, 2007 meeting, the Planning Board recommended (6-0, 1 member absent)
that the City Commission adopt the ordinance.
LAND USE AND DEVELOPMENT COMMITTEE
The proposed ordinance was discussed by the Land Use and Development Committee at its
July 9th meeting.
CONCLUSION
The proposed ordinance would reduce the number of variance requests for walkways, and
clarify the language of the zoning regulations, without having any negative impacts upon
either development or neighborhood character.
JMG/TH/JGG/R L
G~
T:\AGENDA\2007\sep0507\Regular\Encroachments memo.doc
;fi=t
~.. ~ .
m MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading and public hearings will be held by the
Mayor and City Commission of the City of Miami Beach, Florida, in the Commission
Chambers, 3rd floor, Cky Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
Wednesday, September 5, 2007, to consider the following:
10:15 a.m.
An Ordinance Amending Miami Beach City Code Chapter 102, Entitled `Taxation;" By
Amending Article V, Therein, Entitled "Local Business Tax;" Amending Section 102-379,
Therein, Entitled. "Schedule Of Taxes," By Adding Additional Business Tax Receipt Codes And
Clarifying Language.
Inquiries may be directed to the Finance Department at (305) 673-7466.
10:25 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of
Miami Beach, By Amending Chapter 118, "Administration And Review Procedures," Article IX
Nonconformances," By Amending Section 118-395 To Clarify And Update Certain Procedures
And Requirements For The Retention Of A Nonconforming Structure, By Amending Article X,
"Historic Preservation," Division 3, "Issuance Of Certificate OF Appropriateness/Certificate To
Dig/Cert'rficate Of Appropriateness For Demolition," Byy Amending Section 118-561 To Create A
Conditions And Safeguards Section For Certificates Of Appropriateness, By Amending Section
118-564 To Modify The Requirements For Obtaining A Demolition Permit, By Amending Article
VI, "Design Review Procedures", By Creating Section 118-264 To Address Conditions And
Safeguards For Design Review Approval.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:30 a.m.
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 130 "Off-Street Parking "Article I I "Districts; Requirements" Amending Section 130-32
"OIf-Street Parking Requirements For Parking District No. 1" And Section 130-33 "Off-Street
Parking Requirements For Parking Districts Nos. 2, 3 And 4" By Reducing The Parking
Requirements For Housing For Low And/Or Moderate Income Elderly.
Inquiries may be directed to the Planning Department at (305) 673-7550.
~u:so a.m.
,An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 142 "Zoning Districts And Regulations," Article IV "Supplementary District
Regulations," Division 4 "Supplementary Yana Regulations" By Amending Section 142-1132
"Allowable Encroachments Within Required Yards," Section 142-1132(0) "Projections" By
Amending The Permitted Width Of Walkway Encroachments In Required Yards For Purposes
Of Complying With Accessibility Requirements, And By Clarifying Technical Language
Regarding Allowable Encroachments.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:40 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of
Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article tl,
"District Regulations," Division 2, "Single-Family Residential Districts," By Revising Procedures
For The Review And Approval Of Demolition Requests For Single Family Homes Constructed
Prior To 1942 And Not Located Within A Designated Historic District.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,
or to express their views in writing addressed to the City Commission, c% the Ciiy Clerk, 1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these
ordinances are available for public inspection during normal business hours in the City Clerk's
Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139.
This meeting may be continued and under such circumstances additional legal notice would
not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person
decides to appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing, such person must ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges
or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access
for persons with disabilities, and/or any accommodation to review any document or participate
in anyy city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-
7218(TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida
Relay Service).
Ad it.448
7
0
N
~O
H
U'
Q
Q
0
x
~-
s
a~
W
S
W
«_-
QN
y
G
a
z
E
0
v
v
d
x
E
.o