HomeMy WebLinkAboutOrdinance 2025-636ORDINANCE 2025 - & &
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING CHAPTER 265, ARTICLE II OF THE CODE OF ORDINANCES
OF THE CITY OF SUNNY ISLES BEACH, ENTITLED "DEFINITIONS AND RULES OF
CONSTRUCTION," AND AMENDING ARTICLE VII, ENTITLED "ZONING DISTRICTS,"
TO PERMIT AND DEFINE CERTAIN SETBACK ENCROACHMENTS IN THE R-1 AND
R-TH ZONING DISTRICTS, TO CLARIFY RESIDENTIAL FENCING REGULATIONS, TO
CLARIFY POOL SAFETY BARRIER HEIGHT REQUIREMENTS, AND TO REVISE
SETBACK REQUIREMENTS FOR UTILITY/MECHANICAL EQUIPMENT; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 166, Florida Statutes, confers upon local governments the authority
to adopt- regulations designed to promote the public health, safety, and general welfare of its
citizenry; and
WHEREAS, the City's Land Development Regulations ("LDRs") include definitions and
zoning development standards that regulate residential setback encroachments, fencing, pool
safety barriers, and utility/mechanical equipment placement; and
WHEREAS, the City Commission has identified the need to add definitions in Section 265-
5 of the LDRs for common residential site and structural elements such as decks, terraces, and
walkways, that may encroach into residential setbacks ; and
WHEREAS, the City Commission wishes to amend Article VII of Chapter 265 to permit
certain setback encroachments in the R-1 Single -Family Residential and R-TH Moderate Density
Townhouse Residential zoning districts; and
WHEREAS, the City Commission finds it necessary to update and clarify the residential
fencing and pool safety barrier regulations in Section 265-45 to ensure consistency; improve
aesthetic quality, and maintain visibility and safety along front yards and public rights-of-way;
and
WHEREAS, the City Commission also wishes to revise and clarify the setback requirements
for utility and mechanical equipment to ensure safe placement, minimize visual impacts, and
maintain compatibility with adjacent properties;
WHEREAS, the City Commission finds this Ordinance is consistent with the
Comprehensive Plan and will promote orderly development, improve clarity in the Land
Development Regulations, and protect the public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Page 1 of 9
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Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. Amendment of Chapter 265, Article II. Chapter 265, Article II, Section 265-5, of
the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled "Definitions," is hereby
amended as follows:
ARTICLE II — Definitions and Rules of Construction
§ 265-5. - Definitions.
DECK — A paved structure, without a roof or walls, that is freestanding or directly adjacent to a
principal building, elevated at least 30 inches above finished elevation (includes pool deck)
TERRACE —A level surfaced area without a roof or walls that starts at ground level and is elevated
no more than 30 inches above finished graded, intended for outdoor dining lounging and similar
uses (shall also mean "patio").
WALKWAY—An at -grade pedestrian path that is open to the sky and that is intended for access
throughout the property.
Section 3. Amendment of Chapter 265, Article VII. Chapter 265, Article VII, of the Code of
Ordinances of the City of Sunny Isles Beach, Florida, entitled "Zoning Districts," is hereby
amended as follows:
ARTICLE VII — Zoning Districts
§ 265-31. Single -Family Residential (R-1).
D. Site development standards.
(1) Minimum lot area: 7,500 square feet. A documented lot of record may be reduced to a
minimum lot area of 5,000 square feet.
(2) Minimum lot width:. 75 feet. Minimum lot width on a'documented lot of record maybe
reduced to 50 feet for a minimum lot area of 5,000 square feet and 60 feet for a
minimum lot area of 6,000 square feet.
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36
(3) Maximum height: 35 feet. Protective structures such as balconies, railings or banisters
may be increased by 40 inches.
(4) Setbacks: Every part of a required yard shall be open to the sky, except as authorized
by the allowable encroachments detailed below.
(a) Front yard: Minimum of 25 feet. This setback may be reduced to 20 feet for a
documented lot of record with a minimum lot area of 5,000 square feet.
(b) Interior side yard: Minimum of 7.5 feet. For documented lot of record, this setback
may be reduced to six feet for a minimum lot area of 6,000 square feet and
reduced to five feet for a minimum lot area of 5,000 square feet.
(c) Corner side yard: Minimum of 15 feet.
(d) Rear yard: Minimum of 15 feet for principle use structures.
(e) Encroachments: The following may encroach into a required yard area, subject to
compliance with the conditions set forth below:
i. Roof overhang, eyebrow, awning. The encroachment shall not exceed 20 percent
of the required yard, with a maximum proiection of 5 feet. If the minimum
required yard width is 7.5 feet or less, the prosection may encroach up to 2 feet.
This encroachment does not include balconies or rooftop terraces.
ii. Built-in planter. The encroachment shall not exceed 25 percent of the required
yard and up to a maximum height equal to the finished floor elevation of the
principal structure.
iii. Deck and pool deck. Encroachment is only permissible into the rear yard, up to
5.5' feet from the property line and the maximum height is equal to the finished
first floor elevation of the principal structure. The encroachment may extend to
the rear property line and be connected to a dock and its related decking when
abutting a bay, canal, or other body of water. No encroachment is allowed into
the front yard, side yard, or street side yard. Does not include walkways, terraces,
patios that are at grade or below 30 inches above grade.
iv. Roof deck landscaping. Built-in planters, gardens, or similar landscaping
features, not exceeding three and one-half feet in height above the finished roof
deck, may be permitted immediately adiacent to or on the roof deck area. All
landscaping materials must be securely fastened to prevent movement.
v. Stairs, stair landing, ramp. The encroachment shall not exceed 50% the required
yard area and the height cannot exceed the finished first floor elevation of the
principal structure. The use of opaque railings shall not be permitted within the
front yard.
vi. Walkway, terrace. Encroachment into all yards is permissible when the walkway
or terrace is no higher than 30 inches above finished grade. If 30 inches above
grade or higher, the walkway or terrace must meet the standards for decks.
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§ 265-32. Moderate Density Townhouse Residential (R-TH).
D. Site Development Standards.
(1) Minimum lot area: 4,000 square feet for single-family and duplex dwellings, and 3,000
square feet for townhouse units.
(2) Minimum lot width: 40 feet for single family, and duplex dwellings. No minimum lot
width for townhouse dwellings in contiguous blocks of three or more dwellings.
(3) Maximum height: 45 feet.
(4) Setbacks: Every part of a required yard shall be open to the sky, except as authorized
by the allowable encroachments detailed below.
(a) Front yard: Minimum of 20 feet.
(b) Interior side yard: Minimum of five feet or combined side yard of 10 feet for
single-family detached units. For duplex and townhouse units, zero feet for the
side of common or abutting walls of attached units. A maximum of eight
dwellings may be constructed in a contiguous series of attached dwellings or
townhouses. The minimum side separation between contiguous groupings of
dwellings shall be 20 feet.
(c) Corner side yard: Minimum of 10 feet.
(d) Rear yard: Minimum of 15 feet for principle use structures.
(e) Encroachments: The following may encroach into a required yard area, subject to
compliance with the conditions set forth below:
L Roof overhangs, eyebrows, awnings. The encroachment shall not exceed 20
percent of the required yard, with a maximum projection of 5 feet. If the minimum
required yard width is 7.5 feet or less, the projection may encroach up to 2 feet.
This encroachment does not include balconies or rooftop terraces.
ii. Built-in planters. The encroachment shall not exceed 25 percent of the required
yard and up to a maximum height equal to the finished floor elevation of the
principal structure.
iii. Deck and pool deck. Encroachment is only permissible into the rear yard, up to
5.5' feet from the property line and the maximum height is equal to the finished
first floor elevation of the principal structure. The encroachment may extend to
the rear property line and be connected to a dock and its related decking when
abutting a bay, canal, or other body of water. No encroachment is allowed into
the front yard, side yard, or street side yard.
iv. Roof deck landscaping. Built-in planters, gardens, or similar landscaping
features, not exceeding three and one-half feet in height above the finished roof
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deck, may be permitted immediately adiacent to or on the roof deck area. All
landscaping materials must be securely fastened to prevent movement.
v. Stairs, stair landings, ramps. The encroachment shall not exceed 50% the
required yard area and the height cannot exceed the finished first floor elevation
of the principal structure. The use of opaque railings shall not be permitted within
the front yard.
vi. Walkway, terrace. Encroachment into all yards is permissible when the walkway
or terrace is no higher than 30 inches above finished grade. If 30 inches above
grade or higher, the walkway or terrace must meet the standards for decks.
§ 265-45. Accessory uses.
%v
Fences and walls.
(1) Defined. A fence or wall is a barrier constructed of man-made or natural materials. A
wall is a concrete or block structure.
(2) Fences on residential lots. Fences on a residential lot shall be limited to six feet in height
from the finished elevation of the property, except fences or walls constructed by the
City for public purposes may exceed six feet in height to a maximum of eight feet in
height. Barbed wire and other similar material shall not be permitted on a fence or wall
within a residential district. Fences and walls shall be limited to four feet in height
within a required front yard, except that fences with decorative railings shall be limited
to six feet in height. S61611 FailiRgS hall be a Fninimum of six ORGheSaFt The width
of each railing picket shall not exceed the spacing between pickets, with a minimum
spacing of three inches and maximum spacing of four inches. Decorative columns may
be used in the front yard with a maximum width of 2 feet and maximum number of one
column per ten feet of street frontage. Fences and walls within the front yard shall not
obstruct the view from the rights-of-way. Fences and walls within the back yard shall
be limited to six feet in height from the g*a4e finished elevation of the property. In all
zoning districts, only pressure -treated pine, redwood and cedar wood shall be
acceptable for wood fence construction. All wood fencing shall have a nominal
thickness of one inch. Each side of a concrete block or masonry wall shall be completely
finished with stucco and/or paint.
L1 Footings. Footings for walls must be located within the property line.
I. Swimming pools and spas.
(1) General requirements. Swimming pools and spas shall be permitted in all FesideRtia
the R-1 and R-TH zoning districts, subject to the following:
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(a) No swimming pools or spas shall be permitted within the required front yard area,
or within utility, drainage or access easements. Swimming pools shall be required
to have a safety barrier.
(b) Above ground pools and spas, which exceed 48 inches in height from finished
elevation, must meet all structural setback requirements.
(c) The following setback requirements shall apply to swimming pools and spas:
[1] The side yard or side street setbacks to the water's edge shall be two feet
plus the required side yard or side street structure setback.
[2] The rear yard setback shall be seven feet from the water's edge to rear lot
line.
{ill Any pool for a R9AFesidentig development in the RMF -1, RMF -2, B-1,
Business Overlay, MUR, TCD, ROS, or CF zoning district shall meet the structural
setbacks for the district in which itis located and all required governmental agency
standards.
94JL Safety barrier required; specifications.
(a) Specifications. No swimming pool final inspection and approval shall be given by
the City, unless there has been erected a safety barrier. The safety barrier shall
take the form of a screened -in patio, a wooden fence, a rock wall, a concrete block
wall, or other materials so as to enable the owner to blend the same with the style
of architecture planned or in existence on the property. The minimum height of
the safety barrier shall be not less than four feet. The safety barrier shall be
erected either around the swimming pool or around the premises on which the
swimming pool is erected. In either event, it shall enclose the area entirely,
prohibiting unrestrained admittance to the enclosed area. Gates shall be of the
spring lock type, so that they shall automatically return to a closed position at all
times. Gates shall also be equipped with a safe lock and shall be locked when the
swimming pool is not in use. If the safety barrier takes the form of a fence or wall,
it shall not exceed the applicable maximum height limitations for fences or walls
in that district.
(b) Permits required. Before any work is commenced, permits shall be secured for all
swimming pools and forthe safety barriers. Plans shall contain all details necessary
to show compliance with the terms and conditions of these regulations. No
swimming pool permit shall be issued unless simultaneously therewith a permit is
secured for the erection of the required safety barrier; if the premises are already
enclosed, as herein before provided, a permit for the safety barrier shall not be
Page 6 of 9
40
required, if, upon inspection of the premises, the existing barrier is proven to be
satisfactory.
(c) Construction specifications of walls and fences. For a wooden type fence, the
boards, pickets, louvers, or other such members, shall be spaced, constructed, and
erected, so as to make the fence nonclimbable and impenetrable. Walls, whether
of the rock or block type, shall be so erected to make them nonclimbable.
(d) Authority to disapprove barriers. It shall be within the discretion of the building
inspector to refuse approval of any barrier which, in his opinion, does not meet
the safety requirements of this regulation, i.e., that it is high enough at least four
feet high and so constructed, to keep the children of preschool age from getting
over or through it.
(e) Maintenance of safety barrier; duty of owner, occupant. It shall be the
responsibility of the owner and/or occupant of the premises containing the
swimming pool to maintain and keep in proper and safe condition at all times the
safety barrier required and erected in accordance with this section.
(f) Maintenance of pool; duty of owner, occupant. It shall be the responsibility of the
owner and/or occupant of the premises containing a swimming pool to keep such
pool from becoming a health hazard to the community. In the event any person
owning or occupying the premises containing a swimming pool permits the safety
barrier to become in an improper and unsafe condition, or permits the swimming
pool to become a health hazard to the community, the City may direct a letter by
certified mail to the owner or occupant of such premises, advising such owner or
occupant that the City will have such safety barrier put in a proper and safe
condition or correct the health hazard of the swimming pool within a period of ten
days from receipt of such letter. The City shall be authorized to place a lien on the
property not in 'compliance with this section in order to recover the costs
associated with enforcement of this section.
(g) Temporary fence to enclose swimming pools while under construction. No person
shall construct or cause to be constructed any swimming pool unless such
swimming pool is completely enclosed by a fence with a minimum height of not
less than four feet. Such fence may be of a temporary nature but must be erected
either around the swimming pool or around the premises on which the swimming
pool is under construction; in either event, it shall enclose the area entirely,
prohibiting unrestricted admittance to the enclosed area. However, the swimming
pool need not be completely enclosed during those periods when an adult person
is present on the site and actual construction is in process. This section shall only
affect those pools under construction within 140 feet of any residence upon which
a certificate of occupancy has been issued. The 140 feet shall be measured from
the edge of the swimming pool to the closest property line containing such
residence by straight-line measure.
Page 7of9
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K. Utility/mechanical equipment. Utility and mechanical equipment used for a building's
operation which is located outside the building shall only be located in a rear or side yard.
The equipment shall not be located within a utility easement unless it is equipment serving
that specific easement. The miRimum distance 488 a PFGpeFty "Re to the +.-,,,. UFe shall -h„
ne less than -the Strur-#Rheight. The top of the equipment shall not exceed 6 feet above
the minimum design flood elevation of the property. The equipment shall not be located
closer than 3.5 feet to the property line. All equipment shall be screened from view -the
Public right-of-way by landscape materials or fencing as provided for in this Code. If the
equipment does not comply with these subsections, then such equipment shall follow the
setbacks of the main structure. These requirements shall not apply to municipal or franchise
utilities such as power, phone, cable, communication or drainage equipment, which is
located within a public utility easement. Rooftop mechanical equipment shall not exceed
the maximum height standards of the applicable zoning district.
Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed to the extent of such conflict.
Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity, but shall remain in full force and effect.
Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of
Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be
renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall
be changed to "Section" or other appropriate word, as required.
Section 6. Effective Date. This Ordinance will become effective immediately upon adoption
at second reading.
PASSED AND ADOPTED on first reading this 2 day of August, 2025.
PASSED AND ADOPTED on sect
Larisa Svechin, Mayor
y of September, 2025.
Page 8 of 9
..
42
Maurici4 Betancur, CMC, City Clerk
First Reading
Motion: &jW*-SS19A-4 .�5V1i
Second:Li►4-
Vote on First Reading:
Mayor Svechin
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
Vote on Second Reading:
Mayor Svechin
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Alain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Second Reading
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(No)
Page 9 of 9
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BUSINESS IMPACT ESTIMATE FORM
Posted To Webpage on
This Business Impact Estimate is given as it relates to the proposed ordinance titled:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING CHAPTER 265, ARTICLE II OF THE CODE OF ORDINANCES OF
THE CITY OF SUNNY ISLES BEACH, ENTITLED "DEFINITIONS AND RULES OF
CONSTRUCTION," AND AMENDING ARTICLE VII, ENTITLED "ZONING DISTRICTS," TO
PERMIT AND DEFINE CERTAIN SETBACK ENCROACHMENTS IN THE R -I AND R-TH
ZONING DISTRICTS, TO CLARIFY RESIDENTIAL FENCING REGULATIONS, TO CLARIFY
POOL SAFETY BARRIER HEIGHT REQUIREMENTS, AND TO REVISE SETBACK
REQUIREMENTS FOR UTILITY/MECHANICAL EQUIPMENT; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN'EFFECTIVE DATE.
Part 1.
Summary of the proposed ordinance and statement of public purpose:
The City's Land Development Regulations (LDRs) include definitions and zoning development
standards that regulate residential setback encroachments, fencing, pool safety barriers, and
utility/mechanical equipment placement. The ordinance adds definitions for common residential
site and structural elements such as decks, terraces, and walkways, that may encroach into
residential setbacks. The ordinance amends the R -I Single -Family Residential and R-TH Moderate
Density Townhouse Residential zoning district development standards to allow certain setback
encroachments, including pool decks, roof overhangs, stairs, stair landings, ramps, walkways,
terraces. The ordinances amends the residential fencing standards to clarify required picket
spacing, where the height is measured from, and that all footings for walls must be located within
the property lines. Finally, the ordinance amends the setback encroachment standards for
utility/mechanical equipment to measure the maximum height from design flood elevation and
establish the setback requirement as 3.5' from the property line. The ordinance is consistent with
the Comprehensive Plan and will promote orderly development, improve clarity in the Land
Development Regulations, and protect the public health, safety, and welfare.
Part II.
Estimate of the direct economic impact of the proposed ordinance on private, for-profit
businesses in the City of Sunny Isles Beach: (fill out subsections a -c as applicable, if not applicable
write "not applicable")
a. Estimate of direct compliance costs that businesses may reasonably incur if the proposed
ordinance is enacted:
45
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oa SUN ahoy
None.
b. Identification of any new charges or fee on businesses subject to the proposed ordinance,
or for which businesses will be financially responsible; and
None.
c. An estimate of the City of Sunny Isles Beach's regulatory costs, including an estimate of
revenues from any new charges or fees that will be imposed on businesses to cover such
costs.
None.
Part III.
Good faith estimate of the number of businesses likely to be impacted by the ordinance:
Unknown.
Part IV. Additional Information (if any):
None.
46
PLO k as
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305)949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager.
FROM: Amy Canales, Planning & Zoning Director.
DATE: September 18, 2025
RE: Amendment to Land Development Regulations for Setback Encroachments
and Residential Fences
RECOMMENDATION:
Staff recommends approval of this Ordinance.
REASONS:
The Land Development Regulations currently define a setback or yard as, "An open area between a
building and a parcel, lot or street easement/right-of-way line, which is within a parcel boundary; or that
area within a parcel between a building and another building. This area shall be unoccupied and
unobstructed from the ground upward, except for permitted encroachments otherwise allowed in these
LDRs. In measuring a required yard, the horizontal distance from the furthermost projection of the main
building shall be used." The currently allowed encroachments include elements such as swimming pools,
fences, gazebos, play equipment, screen enclosures, utility sheds, and mechanical equipment. However,
additional encroachment standards are necessary for various elements related to single-family home, in
order to support consistent interpretation of zoning regulations, improve clarity for residents and
builders, and enhance the City's residential character.
Therefore, the attached ordinance proposes amendments to Chapter 265 of the City's Land
Development Regulations with the following key revisions:
• Definitions: New definitions are added for the terms "deck," "terrace," and "walkway," to
distinguish between elevated and at -grade elements in relation to setback compliance.
Item Number: 8.A
33
• R-1 and R-TH Setback Encroachments: The ordinance proposes newly permissible
encroachments such as roof overhangs, pool decks, walkways, terraces, planters, and stairs into
required setback areas within the R-1 (Single -Family) and R-TH (Townhouse) zoning districts.
• Residential Fencing Standards: Fencing regulations are refined to allow decorative columns in the
front yard, establish picket spacing requirements, and clarify that all wall footings must be located
within the property boundaries.
• Mechanical Equipment Setbacks: Utility and mechanical equipment placement is clarified with
minimum setback distances and height limitations. This applies citywide, not only to the R-1 and
R-TH zoning districts.
A public meeting was held on July 1, 2025, at Government Center, where the details of this ordinance
was presented and public feedback was collected. Since that presentation, the ordinance has been
revised to remove the changes to the type of pool safety barriers required and to better align the
mechanical equipment setbacks with Florida Building Code requirements.
ADDITIONAL INFORMATION:
There have been no edits to the ordinance since first reading.
ATTACHMENTS:
Ordinance
Zoning Map
Business Impact Estimate
I
Item Number: 8.A
34