URBAN HEAT ISLAND

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH AT CHAPTER 114, ENTITLED “GENERAL PROVISIONS,” SECTION 114-1, ENTITLED “DEFINITIONS,” TO DEFINE “COOL PAVEMENT,” “HIGH ALBEDO SURFACE,” “POROUS PAVEMENT,” “SOLAR CARPORT,” “SUSTAINABLE ROOF FEE,” AND RELATED TO AMEND RELATED DEFINITIONS; AMENDING CHAPTER 118, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE I, ENTITLED “IN GENERAL,” AT SECTION 118-7, ENTITLED “FEES FOR THE ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS,” TO WAIVE APPLICATION FEES FOR LAND USE BOARD APPROVAL TO INSTALL SUSTAINABLE ROOFING SYSTEMS, SOLAR CARPORTS, POROUS PAVEMENTS, AND COOL PAVEMENTS; AMENDING CHAPTER 130, ENTITLED “OFF-STREET PARKING,” AT ARTICLE III, ENTITLED “DESIGN STANDARDS,” TO CREATE REQUIREMENTS FOR SURFACE AND ROOFTOP PARKING; AMENDING CHAPTER 133, ENTITLED “SUSTAINABILITY AND RESILIENCY,” ARTICLE II, ENTITLED “SEA LEVEL RISE AND RESILIENCY REVIEW CRITERIA,” IN ORDER TO ESTABLISH REVIEW CRITERIA TO THE REDUCE THE HEAT ISLAND EFFECT OF BUILDINGS; AMENDING CHAPTER 142, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, ENTITLED “DISTRICT REGULATIONS,” DIVISION 2, ENTITLED “RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS,” AT SECTION 142-105, ENTITLED “DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS,” TO ALLOW FOR SOLAR PANELS TO BE CONSIDERED AS AN ALLOWABLE HEIGHT EXCEPTION; AMENDING CHAPTER 142, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE IV, ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS,” DIVISION 1, ENTITLED “GENERALLY,” AT SECTION 142-875, ENTITLED “ROOF REPLACEMENTS AND NEW ROOFS,” TO ESTABLISH REQUIREMENTS FOR SUSTAINABLE ROOFS AND TO CREATE A “SUSTAINABLE ROOF FEE” FOR CONSTRUCTING A ROOFED CONSTRUCTION OF ROOFS UTILIZING ALTERNATIVE ROOFING MATERIALS; AMENDING CHAPTER 142, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE IV, ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS,” DIVISION 2, ENTITLED “ACCESSORY USES,” AT SECTION 142-902, ENTITLED “PERMITTED ACCESSORY USES,” TO CLARIFY THAT SOLAR PANELS ARE A PERMITTED ACCESSORY USE IN ALL DISTRICTS; AMENDING CHAPTER 142, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE IV, ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS,” DIVISION 4, ENTITLED “SUPPLEMENTARY YARD REGULATIONS,” AT SECTION 142-1132, ENTITLED “ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS,” TO ALLOW FOR SOLAR CARPORTS AS AN ALLOWABLE ENCROACHMENT INTO THE SIDE YARD SETBACKS, AND TO CREATE DRIVEWAYS REQUIREMENTS INCORPORATING PERVIOUS SURFACE AREAS; FURTHER AMENDING THE ABOVE AFORESTATED PROVISIONS TO ENSURE CONSISTENCY THROUGH OUT THE CODE AND TO CLEAN UP CERTAIN LANGUAGE OF THE CODE CLARIFY EXISTING REGULATIONS; AND AMENDING APPENDIX A, ENTITLED “FEE SCHEDULE,” IN ORDER TO ESTABLISH A SUSTAINABLE ROOF FEE; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.

 HISTORY/ BACKGROUND 

UPDATE
On February 13, 2019, the City Commission discussed the ordinance and approved it on first reading with the following recommended modifications:

1. An applicability section was incorporated so that the ordinance does not apply to projects that have a received a building permit process number prior to the enactment of the ordinance.

2. Section 142-1132(g)(4) was amended as follows:
Driveways and parking areas that are open to the sky within any required yard shall be composed of porous pavement or shall have a High Albedo Surface consisting of a durable material or sealant, as defined in section 114-1 of the City Code.

3. Section 130-69 was amended as follows:
(3) Open air parking lots, open to the sky, shall have a "High Albedo Surface" consisting of a durable material or sealant in order to minimize the urban heat island effect or utilize "porous pavement." This requirement shall include all parking areas, and all drive lanes and ramps.

At the meeting Commissioner Steinberg had concerns regarding the potential to double charge projects which may be in compliance with all facets of the City’s Green Building Ordinance, but which may not be in compliance with the Urban Heat Island Ordinance. The Administration is currently working with Commissioner Steinberg to revise the ordinance and address the concern. Recommendations will be presented on the floor which can address the potential issue.