FENCE HEIGHTS FOR OCEANFRONT PROPERTIES:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE IV, “SUPPLEMENTARY DISTRICT REGULATIONS,” DIVISION 4, “SUPPLEMENTARY YARD REGULATIONS,” AT SECTION 142-1132, “ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS,” TO MODIFY FENCE REGULATIONS FOR OCEAN FRONT PROPERTIES AND PROPERTIES ZONED WD-2; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.

HISTORY
On September 13, 2017, at the request of former Commissioner Michael Grieco, a discussion item pertaining to allowable fence heights along Miami Beach Drive was referred to the Land Use and Development Committee for consideration and recommendation (Item C4O).

On October 11, 2017, the Land Use Committee discussed the item and directed staff to draft an Ordinance to allow for an increase in fence heights for properties located on Miami Beach Drive. The Land Use Committee recommended that the City Commission refer the draft Ordinance to the Planning Board. Vice-Mayor John Elizabeth Aleman is the sponsor of the proposed Ordinance.

On December 13, 2017, the City Commission referred the ordinance to the Planning Board for review and recommendation (Item C4M).

PLANNING ANALYSIS
Miami Beach Drive (aka ‘Promenade Street’) is located between Collins Avenue and the dune area, and runs from 24th to 29th Street. It is within the only WD-2 zoning district in the City (see attached map of the WD-2 district). Miami Beach Drive divides the waterway portion of the properties fronting on Collins Avenue. Recently, some of the condominium associations expressed security concerns regarding their pool areas, which are located between Miami Beach Drive and the boardwalk. In order to address these security concerns, the Land Development Regulations of the City Code are proposed to be amended, in order to allow for slightly higher fence heights.

Currently the maximum height for fences along Miami Beach Drive is limited to five (5’) feet, and is measured from grade at the sidewalk on Collins Avenue, which is lower in elevation than Miami Beach Drive. The proposed ordinance would increase the maximum allowable height for fences on Miami Beach Drive to six (6’) feet, and allow the maximum height to be measured from grade along Miami Beach Drive.

In addition to the revisions specific to Miami Beach Drive, minor changes are proposed with regard to allowable fence heights for oceanfront properties city wide. In this regard, fence heights for oceanfront properties are measured from grade at the sidewalk at the front of the property (Collins Avenue). Since the rear yards of oceanfront properties are often much higher than the front of the property at the sidewalk, fencing with adequate height in the rear yard typically requires a variance. The additional amendment proposed would allow maximum fence heights to be measured from the elevation of the beach walk or the erosion control line, as applicable. This would allow for fences in the rear yards of oceanfront properties to be more commensurate with the rear yard elevations, without having to request a variance.

PLANNING BOARD REVIEW
On January 23, 2018 the Planning Board transmitted the proposed Ordinance Amendment to the City Commission with a favorable recommendation.

UPDATE

The subject Ordinance was approved at First Reading on February 14, 2018, with no changes.