R5Y - Modify Side Yard Open Space Requirements

Ordinances - R5 Y

R5 Y 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. Applicable Area:

COMMISSION MEMORANDUM

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 January 28, 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

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 January 28, 2026.

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 David Suarez

Co-sponsor(s)

Condensed Title

1:35 p.m. 1st Rdg, Side Yard Open Space Requirements in Single Family Districts. (Suarez) PL 5/7