C4B - Update Resiliency Code

Committee Referrals - C4 B

COMMISSION MEMORANDUM

TITLE:

REFERRAL TO THE PLANNING BOARD – PERIODIC UPDATES TO THE RESILIENCY CODE.

RECOMMENDATION

The Administration recommends that the Mayor and City Commission (City Commission) refer the attached draft ordinance to the Planning Board.

BACKGROUND/HISTORY

On February 3, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred a discussion pertaining to periodic updates to the Resiliency Code (C4 S) to the Land Use and Sustainability Committee (LUSC). On May 8, 2025, the item was discussed and continued to a future LUSC meeting with direction to further develop the proposed criteria for outdoor recreational uses. On July 10, 2025, the LUSC recommended that the City Commission refer the attached ordinance to the Planning Board, updated in accordance with the recommendations in the LUSC memorandum.

ANALYSIS

On February 1, 2023, the City Commission adopted the Resiliency Code (Ordinance No. 2023- 4537), which updated and amended the Land Development Regulations of the City Code (LDRs). The Resiliency Code took effect on June 1, 2023, and includes the following provision for periodic updates to the code:

2.3.1 PERIODIC REVIEW It shall be the duty of the planning board and the board of adjustment, in cooperation with the planning director and the city attorney to continuously review the provisions and the regulations in these land development regulations, including the district maps, and the comprehensive plan and from time to time, to offer recommendations to the city commission as to the sufficiency thereof, in accomplishing the development plans of the city.

Consistent with section 2.3.1, applicable updates to the Resiliency Code were reviewed with the Board of Adjustment (BOA) on September 6, 2024, and the Planning Board on September 24, 2024. Pursuant to these discussions, the attached draft ordinance was prepared and presented to the LUSC for discussion.

The following is a summary of the attached ordinance, as recommended by the LUSC:

Definitions • Clarify that the definition of ‘yard’ (front and side) includes for corner lots with radial corners, the front setback and the side setback facing the street shall be taken from the midpoint of the curve of the corner of the property.

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Modify the definition of ‘high albedo surface’ to include specific colors that reflect sunlight in the rating standard.

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Clarify the definition of ‘lot’ to clearly specify that a lot must meet applicable zoning requirements for a use.

Use Clarifications and Updates • Clarify that outdoor commercial recreation is permitted in commercial districts.

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For clarity purposes, prohibited and allowable accessory uses are now included within the applicable zoning district tables.

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Providing improved uniformity in use tables in all zoning districts.

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Providing additional clarity to uses permitted in the Government Use (GU) and Light Industrial (I-1) districts.

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Updating the sidewalk cafe definition to clarify that sidewalk cafés are administered under the sidewalk café concession program.

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Clarify that hotel occupancy limits are applicable to the C-PS1 and MXE districts

Allowable Yard Encroachments • Add bicycle parking as an allowable yard encroachment (up to 25%) in non-single-family districts.

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Add art installations as an allowable yard encroachment in non-single-family districts.

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Clarify that allowable marine structure projections are specific to the parallel extension of the side property lines seaward of the seawall, and that the regulatory requirements for all seaward projections are subject to County approval.

Planning (PZ) Permits • A definition for ’planning and zoning‘ (PZ) permit has been created. This permit is for improvements that are subject to the provisions in the LDRs but do not require a building permit.

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Clarify that required landscaping must obtain a PZ permit if the proposed improvements are not subject to a building permit.

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Clarify that a paint permit is not required when painting up to 25% of a building and using pre- approved colors.

Residential Single-Family Districts (RS 1-4) • Clarify the height limit of single-story homes in the development regulations table.

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Clarify that pools and ponds are permitted within an understory area.

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Clarify the minimum front yard setback requirements for the first and second floors of new homes.

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Clarify that there is a minimum clearance of 7 feet and a maximum height of 9 feet for carports.

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Clarify the requirements for porches, platforms, and terraces within required yards.

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Clarify that swimming pools have a minimum front setback of 20 feet, including the pool deck.

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Clarify that interior side yard fence heights are measured from the future crown of road.

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Allow for up to 1 foot of insulation for roof drainage as an allowable height exception on all homes.

Parking • Clarify the parking requirement for restaurant areas not used for seating refers to public areas intended for patrons to stand, such as bar areas or dance floors.

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Clarify that fractional rounding is rounded up to the nearest whole number for proposed uses and credits.

Hearing Procedures/Appeals • The quasi-judicial procedure in the Resiliency Code have been reconciled with Chapter 2 of the City Code by replacing “Special Master” with “Special Magistrate”.

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Chapters 2 and 7 have been clarified regarding notices for DRB Advisory Review and GU Waivers being through the Miami-Dade website, consistent with other land use board applications.

Amendment Process • Increase the timeframe for the planning board to hold a public hearing on an amendment application from the current 60 days to 120 days.

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Increase the timeframe that an ordinance transmitted by the planning board must be placed on a City Commission agenda from 30 days to 120 days.

Signage • Clarify that real estate signs do not require PZ Permit, but must comply with the requirements set forth in the temporary signs section.

General Updates • Clarify that the residential first habitable level standards in Chapter 7, Article I, are specific to non-single-family homes.

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Allow for up to 1 foot of insulation for roof drainage as an allowable height exception.

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Chapter 2 and Appendix A have been updated to include applicable fees for certificates of use and commission warrants.

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In Chapter 7, standards for outdoor commercial recreation have been established by creating section 7.5.4.14 under the supplementary use regulations.

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To better address evolving minimum base flood elevation requirements in non-single family home districts, additional clarifying text in Chapter 7 has been added to address the minimum height of the first habitable floor from base flood elevation plus minimum freeboard.

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In Chapter 7, the minimum ground elevation for understory buildings in multifamily districts has been clarified to be the future crown of the road.

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In Chapter 7, criteria have been included specific to the RS districts for air conditioners to be located closer than 5 feet to a setback line when a building has non-conforming setbacks and there are no practical alternatives.

APPLICATION FEE WAIVER

The subject amendment is proposed on a comprehensive basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.

2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

Should this proposal be referred to the Planning Board, the Administration recommends that the City Commission determine that the proposed amendment is necessary to implement best practices in urban planning and waive the applicable fees.

FISCAL IMPACT STATEMENT

No Fiscal Impact Expected

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

Not Applicable

CONCLUSION

The Administration recommends the following:

1. The City Commission refer the attached draft ordinance to the Planning Board.

2. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waive the applicable fees to implement best practices in urban planning.

Applicable Area

Citywide

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 Alex Fernandez

Co-sponsor(s)

Condensed Title

Ref: PB - Periodic Updates to Resiliency Code. (Fernandez) PL

Previous Action (For City Clerk Use Only)