Ord. No. 32-05-1854ORDINANCE NO.32-05-1854
City Commission Ord.
Approved Ist reading 8-2-05
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
AMENDING SECTION 20-3.6 (H)(2)(c)OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI
TO MODIFY THE REQUIRED MINIMUM 60%OPEN AREA
ON THE TOP TWO (2)FEET OF FENCES ADJACENT TO A
RIGHT-OF-WAY;PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of South Miami heretofore enacted a Land
Development Codeon October 25,1989,which Code in Section 20-3.6 (H)(2)
provides for height limits onfences,walls,trellises,and hedges;and
WHEREAS,the City of South Miami heretofore amended the Land
Development Code on June 1,1993,providingconditions for height limits on
fences,walls,trellises,and gates;and
WHEREAS,the Mayor and City Commission felt that the existing
conditions are too restrictive and on December 7,2004 considered on first
reading an ordinance modifying the regulations pertaining to height limitson
fences and walls;and
WHEREAS,the Planning Board atits May 10,2005 meeting,after a
publichearing,adoptedamotionbythevote of 5ayes0nays recommending
approval of an alternative amendment ordinance pertaining to height limitson
fences and walls;and
WHEREAS,the Mayor and City Commission of the City of South Miami
considered the recommendation of the Planning Board and determined thatitis
appropriate to adopt a modified version of the ordinance reviewed and amended at
the Commission meeting on December 7,2004.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA
THAT:
Section 1.Section 20-3.6(H)of theLand Development Codeis amended
to read:
Ord.No.32-05-1854
(2)
(LDO Section 20-3.6
(H)Physical Barriers.
(1)Allfences,walls,trellises and hedges may be erected on oralongaproperty line,butshall
notextendintoofficialpublic rights-of-way orprojectonoroveradjacentproperties.
(2)Heightlimit.Residential:
(a)Chainlinkfenceswillnotbepermittedon required yards adjacent toaright-of-way.
(b)Inallrequired otde yardsa not adjacent toaright of way,fences,walls,andtrellises
(excluding arbors)shall not exceed six (6)feetin height above grade,except as provided
in (c)below.
(c)In the required front yardo setback areaadjacenttoaright-of-way,fences,walls,
trellises,gatesandhedgesshallnotexceedfour(4)feetinheightabovegrade with the
following exceptions:foncoo and wallo may be incrcaocd by two (2)feet in height above
grade as provided for below in (i)and (ii);and gates may be increased by three (3)feet
abovegradeprovidedthattheuppertwo(2)feet of thefenceandwallsurfaceandtho
upperthree(3)feet of thegatebetweenvertical oupporto io dcoigncd ao auniformpattern
with a minimum of sixty (60)percent open area.'
(i)Wooden fences exceeding four(4)feetin height along adjacent toa
rights-of-way in required front setback areas shall provide fora
minimum of sixty (60)percentopenareaforall portions between four
(4)and six (6)feetin height abovegrade.The graphic "Wooden Fence
Types"includes an example of both an unacceptable and acceptable
prototype.
(ii)Masonry walls exceeding four(4)feetin height along adjacent toa
rights-of-way in required front setback areas shall provide a
minimum of sixty (60)percentopenareaforallportions between four
(4)andsix(6)feetin height abovegrade.No portion of anysolid
masonry wall above four(4)feetin height above gradealong rights-of-
way shall exceed sixteen (16)fourteen(11)inches in width.This isto
provide forverticalsupport(per Section 20-3.6(H)(2)(c))of screening
material.The remaining balance of open area may be screened by metal
work,wooden latticeoranyother non-masonry screening material.A
minimum of sixty (60)percent openareashallbe maintained.The
graphic "Masonry Wall Types"includes an example of both an
unacceptable andan acceptable prototype.
(iii)Gates may be increased by three (3)feet above grade provided
that tho upper two (2)feet of the fence and wall surface =«a4 the
upper three (3)feet of the gate between vertical supports is designed
as a uniform pattern with a minimum of sixty (60)percent open
area.
Ord.No.32-05-1854
(3)
Section 2.If any section,clause,sentence or phrase of this ordinance isheldtobe
invalid or unconstitutional byanycourt of competent jurisdiction,the holding
shallinnowayaffectthevalidity of theremainingportions of thisordinance.
Section 3.All ordinances orparts of ordinances in conflict herewith beandthe
same are hereby repealed.
Section 4.This ordinance shall take effect immediately atthe time of its passage.
PASSED AND ADOPTED this _&_
ATTEST:
ih
a i^nCsyn^
CITY CLERK
READ AND APPROVED AS TO FORM:
CrTY"ATTORNEY
day °fi •,2005
APPROVED:
Is'Reading-8/2/05
2nd Reading-9/6/05
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts-Cooper:
Commissioner Sherar:
E:\Comm Itcms\2005\9-6-05\LDC Fences Ord Commission.doc
5-0
Yea
Yea
Yea
Yea
Yea
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
AH-AmerioaCtty
W
2001
To:Honorable Mayor,Vice Mayor &
Commission Members
Date:September 6,2005
From:Maria V.Davis
City Manager Vl<
ITEM No._
Re:LDC Amendment:
Height of Fences Adjacent
To a Right-of-Way
1
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA;AMENDING SECTION 20-3.6 (H)
(2)(c)OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI TO ELIMINATE THE REQUIRED MINIMUM 60%
OPEN AREA ON THE TOP TWO (2)FEET OF FENCES ADJACENT TO
A RIGHT-OF-WAY;PROVIDING FOR SEVERABILITY;PROVIDING
FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE
DATE.
BACKGROUND
The City Manager on behalf of a member of theCity Commission has requested consideration
of changing theone section of theregulations governing the height offences adjacent torights-
of way.At present Section 20-3.6(H)of the South Miami Land Development Code provides
thatall fences,walls,gates and trellises are limited in height tosixfeet above grade,except
where the fence is along a street inasideyard.As part of the proposed amendment fences,
walls,and trellis will be allowed tobea maximum of sixfeet except in required front setback
areas.Afenceorwall that isinthe required front setback area can not exceed fourfeetin
height.However two additional feet may be added if that twofoot portion of the fence or wall is
at least 60%open or can be seen through.
PROPOSED AMENDMENT
A specific amendment ordinance was considered and modified onfirst reading atthe December
7,2004 Commission meeting.The Ordinance was then deferred and sent tothe Planning Board
forreviewand comment.Following additionalreviewsand suggestions for alternative changes
bythe Planning Board,the City Commission considered the proposed (Dec.2004)draft
ordinance atits meeting on August 2,2005.Atthat time the ordinance was modified again and
approved onfirst reading.The City Commission atits August 16,2005 meeting deferred action
onsecond reading and requested staff toclarifythe amendment wording.Staff has provided
additional wording tothe amendment which should clarify the intent of the changes desired.
The revised amendment isasfollows:(new wording added is shown in bold/underlined:language tobe
removed indicated by strike through)
LDC Amendment
September6,2005
Page 2 of3
(LDC)Section 20-3.6
(H)Physical Barriers.
(1)Allfences,walls,trellisesandhedgesmaybeerectedonoralongapropertyline,butshallnot
extendintoofficialpublicrights-of-wayorprojectonoroveradjacent properties.
(2)Height limit.Residential:
(a)Chain link fenceswillnotbepermittedonrequiredyardsadjacenttoaright-of-way.
(b)Inall required «td#yards4 not adjacent toaright of way^fences,walls,and trellises (excluding
arbors)shall not exceed six (6)feetin height above grade,except as provided in (c)below.
(c)In the required front yards setback areaadjacenttoa right-of-way,fences,walls,trellises,
gatesand hedges shall not exceed four(4)feetin height above grade with the following
exceptions:fences and walls may be increased by two (2)feet in height above grade as provided
for below in (i)and (ii):and gates may be increased by three (3)feet above grade provided that tho
upper two (2)feet of thefenceandwall gurfacc and the upper three(3)feet of thegate between
vertical supports is designed asa uniform pattern with a minimum of sixty (60)percent open area*
(i)Wooden fences exceeding four(4)feetin height along adjacent toa rights-
of-way in required front setback areasshall provide fora minimum of sixty
(60)percent open areaforall portions between four(4)and six (6)feetin
height abovegrade.Thegraphic "Wooden Fence Types"includesan example
ofboth an unacceptable andacceptable prototype.
(ii)Masonrywallsexceedingfour(4)feetinheightalong adjacent toarights-
of-way in required front setback areasshall provide a minimum of sixty (60)
percentopenareaforallportions between four(4)andsix(6)feetinheight
abovegrade.Noportion of anysolid masonry wallabovefour(4)feetin height
abovegradealongrights-of-wayshallexceed sixteen (16)fourteen(11)inches
inwidth.This istoprovideforverticalsupport(perSection 20-3.6(H)(2)(c))of
screeningmaterial.Theremainingbalance of openareamaybescreened by
metal work^¥##de»latticeoranyother non-masonry screeningmaterial.A
minimum of sixty (60)percentopenareashallbemaintained.Thegraphic
"MasonryWallTypes"includesan example of both anunacceptableandan
acceptable prototype.
(iii)Gates may be increased by three (3)feet above grade provided that
tho upper two (2)feet of the fence and wall surface and the upper three (3)
feet of the gate between vertical supports is designed as a uniform pattern
with a minimum of sixty (60)percent open area.
PLANNING BOARD ACTION
The Planning Board considered theissueatits March 8andMay10,2005meetings.TheBoard
atitsMay10,2005meetingreviewedacompromise proposal which:(1)maintainsthe
requirement that thetoptwo feet of a wooden fence facing aside street musthavesome portion
of it open;(2)maintains the requirement thatthetoptwo feet of a concrete wall facing aside
street must have a required open area of atleast 40%but can not exceed 60%and concrete
columnsmustbethe standard T 4"inwidth;(3)Provides thatthe 4*highsolid portion of walls
LDC Amendment
September 6,2005
Page 3 of3
andfencesfacingaside street canbeincreased if thewallorfenceismovedbackfromthe
propertylineandlandscapinginstalledabuttingthewallorfence.
The Planning Board's alternative ordinance was reviewed by the City Commission atits August
2,2005 meeting,however,the Commission determined to consider itsversion,incorporating
some of the Planning Board's recommendations.
STAFF OBSERVATIONS
(1)The proposed amendment isin response tothe observation of several examples of sixfoot
high wood fences with very unattractive upper twofeet of latticewood.
(2)The above amendment as modified by the City Commission would allow all walls and
fences in side yards to be solid uptosixfeet above grade.Front yards facing a street
would remain limited to four feet but could increase to six feet if the extra two feet has a
60%open area.Two additional revisions expanding the width of concrete columns and
removing the requirement that lattices be made of wood were added atthe August 2,2005
meeting.
RECOMMENDATION
Itis recommended thatthe City Commission adoptonsecond reading the proposed amendment
ordinance.The specific amendment language is shown above and is included in the attached
draft ordinance.
Attachments:
Revisedfirstreadingordinance,approvedbyCommission
LDCSec.20-3.6 Existing Graphics
Planning Board Minutes Excerpt 5-10-05
Public Notices
E:\Comm Items\2005\9-6-05\LDC AmendFences Reportdoc
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sunday and
Legal Holidays
Miami,Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V.FERBEYRE,whoon oath says that heor she is the
SUPERVISOR,Legal Notices of the MiamiDaily Business
Review f/k/aMiami Review,adaily (except Saturday,Sunday
and Legal Holidays)newspaper,published atMiamiin Miami-Dade
County,Florida;that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARINGS 9/6/2005
in the XXXX Court,
was published in said newspaper in the issues of
08/26/2005
Affiant further says that the said MiamiDaily Business
Review isa newspaper published atMiamiin said Miami-Dade
County,Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida,each day (except Saturday,Sunday and LegalHolidays)
and has been entered as second class mail matter atthepost
officeinMiamiin said Miami-Dade County,Florida,fora
period of one year next preceding the first publication of the
attached copy of advertisement;and affiant further says that heor
she has neither paidnor promised any person,firmor corporation
any discount,rebate,commission or refund forthe purpose
of securing thjs'advertisejJre'rTt fo?\publication in the said
newspaper-
Sworn to and subscribed before me this
26 day-ofAtKBUST _,A.D.2005
(SEAL)
O.V.FERBEYREpersonally knowrwKPflte Maria I.Mesa
•ilf^4 My Commission DD293855
J*o?tfr ExpiresMarch04,2008
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE ISHEREBY giventhattheCityCommission oftheCityof South;
Miami,Florida will conduct Public Hearings atitsregularCityCommission
meeting scheduled for Tuesday,September 6,2005 beginning at6:30
p.m.,in the City Commission Chambers,6130 Sunset Drive,to consider
thefollowing items:.-.
Second Reading Ordinance:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA;AMENDING
SECTION 20-3.6 (H)(2)(c)OFTHELANDDEVELOPMENT
CODE OF THE CITY OF SOUTH MIAMI TO MODIFY THE RE
QUIRED MINIMUM 60%OPEN AREA ONTHETOPTWO(2)
FEET OF FENCES ADJACENT TOA RIGHT-OF-WAY;
PROVIDING FOR SEVERABILITY;PROVIDING FOR
ORDINANCES IN CONFLICT;AND PROVIDING AN EFFEC
TIVE DATE.|
Resolution:.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA RELATING TO
THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS
FOR EXTERIOR IMPROVEMENTS TO A DESIGNATED
HISTORIC BUILDING LOCATED AT 6282 SW 56 STREET
(CAMBRIDGE LAWNS HISTORICDISTRICT);PROVIDING
'AN EFFECTIVE DATE.
.
•
•
'
;
Above itemscanbeinspectedinthe City Clerk's Office,Monday -Friday
during regular office hours.
If youhaveany inquiries on the first twoitemspleasecontactthePlanning
and Zoning Department at:305-663-6326
ALL Interested parties are invited to attend and will be heard.
.--..'..Maria M.Menendez
CityClerk
PursuanttoFloridaStatutes 286.0105,the City herebyadvisesthe public
thatifapersondecidestoappealany decision madebythisBoard,
Agencyor Commission with respect toany matter considered atits
meeting or hearing,heor.she will needa record ofthe proceedings,and
thatforsuch purpose,affectedpersonmayneedto ensure thataverbatim
record ofthe proceedings ismade which record includes the testimony
and evidence upon which the appeal istobe based.
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