FENCING REQUIREMENTS FOR VACANT AND ABANDONED LOTS  

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, AT CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE 5, "SUPPLEMENTARY DISTRICT REGULATIONS," SECTION 7.5.1, "GENERALLY (SUPPLEMENTARY DISTRICT REGULATIONS)," SECTION 7.5.1.6, ENTITLED "VACANT AND ABANDONED PROPERTIES AND CONSTRUCTION SITES," BY AMENDING AND EXPANDING EXISTING REGULATIONS FOR MINIMUM FENCE AND SCREENING REQUIREMENTS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 

The following is a summary of current code requirements for securing and fencing vacant and abandoned properties, as well as the proposed amendments in the draft ordinance provided for First Reading:

Current Code Requirements:
• Height. There is no minimum height requirement for fences in single-family districts (maximum height of 7 feet and 5 feet along the water side). In all other districts the minimum and maximum fence height is 7 feet, except for portions of a site fronting a waterway, in which case the maximum height is 5 feet. If a property contains a building that is setback less than 5 feet from a property line, or there is an existing concrete block structure (CBS) wall that is at least 5 feet in height, the planning director, or designee, may waive the minimum fence requirements along those property lines, provided that the property is secure from trespassing. In the event that an abutting property has an existing fence along an interior side and/or rear property line, and such fence provides adequate securing of the property, the planning director, or designee, may waive the requirement for a fence along such property lines. Within single family, townhome, and all other residential districts, the fence shall be set back 4 feet from front and side street property lines.

• Materials. Along the front, street side and any waterway portions of the property line (including all required front yards, side street yards, and rear yards facing a street or waterway, an aluminum picket fence is required. Along interior property lines, as well as rear property lines not facing a waterway or street, black or green vinyl coated chain-link fencing, of permanent-quality construction, may be permitted, provided such fencing is not located within a required front yard, street side yard, or rear yard facing a waterfront.

• Construction requirements. All fences must be of permanent-quality construction.

• Access. Wherever there is a driveway approach to enter a lot, vehicular access onto the lot shall be required for maintenance purposes, with a locked gate.

Proposed Modified and Additional Requirements:
• Applicability. Clarify minimum fencing requirements are applicable to vacant lots in single family districts.

• Height. Clarify that overall height is measured from the yard elevation on which the fence is located. In single family districts, a new minimum height requirement of 4 feet would be established, with a maximum height of 7 feet, except for those sides of the property facing a waterway, in which case the maximum height would be 5 feet. In all other zoning districts, a minimum and maximum 7-foot-high fence would be required along all property lines, except those facing a waterway, in which case the minimum and maximum height shall be 5 feet.

• Height Exception. For non-single-family districts, the planning director may approve a fence height not to exceed 10 feet in height along all sides of the property if the property owner can substantiate security and trespassing issues.

• Materials. Along all property lines, including all required yards, an aluminum picket fence would be required. There would no longer be an option for a vinyl coated chain link fence along interior side and non-waterfront rear yards.

• Site conditions and landscape. The entire site shall be raised to sidewalk grade and sodded, in a manner to be approved by the Planning Director. Additionally, a landscape plan that includes shrubs and palm trees shall be required, subject to the approval of the Planning Director. Such landscape plan shall always allow unimpeded visibility into the site. All landscaping required herein shall be installed and maintained as required by the permit and the city's landscaping code, until such time as new construction is authorized and commences.

Aluminum picket is considered the gold standard for perimeter fencing, as it allows for a high level of visibility into the vacant site and consists of a very high quality and durable material. Additionally, the proposed minimum landscape and site requirements will help address any long-term drainage and water retention issues, as well as improve the aesthetics of the vacant site.

PLANNING BOARD REVIEW
On July 25, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (5-2). The Planning Board also recommended the following modifications:

1. Removal of the mandatory requirement for aluminum picket fencing on all sides of a vacant lot.

2. Removal of the mandatory requirement for a landscape plan that includes shrubs and palm trees, including the requirement that required landscape be installed and maintained as required by the permit and the city's landscaping code, until such time as new construction is authorized and commences.

The above noted recommendations were not included in the draft ordinance for First Reading. The Administration does not recommend either of the proposed modifications as they would result in a lesser degree of fencing and aesthetics for vacant lots.

UPDATE
The subject ordinance was approved at First Reading on December 13, 2023, subject to the inclusion of the following modifications:

1. Exceptions to the fence material and landscape requirements for properties located in single-family districts, as proposed more specifically in the proposed amendment from Commissioner Tanya K. Bhatt.

2. A requirement for lighting on commercial and multi-family properties meeting specified criteria.

3. The threshold for lots containing a structure that is subject to a permit that has been abandoned or expired has been increased from 30 days to 90 days in single-family districts.

All the above noted modifications are included in the revised ordinance for Second Reading.

Additionally, an exceptions provision for city owned lots has been incorporated into the revised ordinance for Second Reading, to address the future potential cost burdens associated with fencing and landscaping associated with public property. This exception provision is minor in scope and does not affect the title of the ordinance.

BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations.

LOBBYIST DISCLOSURE
In accordance with Resolution 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been requested from the primary item sponsor as it relates to the subject ordinance amendment:

1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

2. If so, specify name of lobbyist(s) and principal(s): Not Applicable