Res. No. 106-01-11254RESOLUTION NO.106 01 U 254
A RESOLUTION OFTHE MAYOR AND CITY COMMISSION OFTHE CITY
OFSOUTH MIAMI,FLORIDA,INITIATING AN AMENDMENT TOTHE
LAND DEVELOPMENT CODE ELIMINATING HEIGHT LIMITS FOR
HEDGESAND VINES USEDASFENCING,SCREENING OR
LANDSCAPING;PROVIDING FORAN EFFECTIVE DATE.
WHEREAS,The City's Land Development Code (Section 20-3(H)(2))sets forth
height limitations on fences,walls,gates,and trellises in residential areas,which regulations
are also applicable to "hedges,vines and other natural vegetation";and
WHEREAS,property owners who have hedges,ornamental vegetation,or
landscaping exceeding these maximum heights are subject to code enforcement action
includingfinesand penalties;and
WHEREAS,it is appropriate for the height limitations on "natural"vegetation to be
reconsidered in the light of the importance of landscaping in environmental issues and in the
beautification of neighborhoods;and
WHEREAS,the use of vegetation or landscaping as a screening mechanism to block views
of cars,boats,satellite dishes should be encouraged as an alternative to a wall or fence;and
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA:
Section 1.A draft ordinance amending the LDC pertaining to the permitted height of hedges,vines
and vegetation in residential areas shall be prepared by City staff and brought forward to the
Planning Board and the City Commission for review and consideration..
Section 2.This resolution shall take effect immediately upon approval.
PASSEDANDADOPTEDthis 24th day of July,2001.
ATTEST:APPROVED:
^fiZZQ-^zgsa
CITY CLERK //MAYOR
READ AND APPROVED AS TO FORM:COMMISSION VOTE:5_0
Mayor Robaina:Yea
Vice-Mayor Feliu:Yea
Commissioner Russell:Yea
Commissioner Bethel:Yea
CITY ATTORNEY 'Commissioner Wiscombe:Yea
-^£/^.c?^//o
South Miami
All-America City
mil'
2001
Excellence,Integrity,Inclusion
MEMORANDUM
To:Honorable Mayor,Vice Mayor
and City Commission
From:Charles D.Scurr
City Manager (Jc/1
Date:July 24,2001
Re:Agenda Item «^»*^
Initiation of LDC Amendment
Height of hedges,vines
Request:
A RESOLUTION OFTHEMAYOR AND CITY COMMISSION OFTHE
CITYOF SOUTH MIAMI,FLORIDA,INITIATING AN AMENDMENT TO
THELANDDEVELOPMENT CODE ELIMINATINGHEIGHT LIMITS
FOR HEDGES ANDVINES USED AS FENCING,SCREENINGOR
LANDSCAPING;PROVIDINGFORANEFFECTIVEDATE.
BACKGROUND &ANALYSIS
The City's Land Development Code (Section 20-3(H)(2))sets forth height limitations on fences,walls ,
gates,and trellises in residential areas.These regulations limit the height to 4 feet along property lines
and in required yard spaces if it is facing a street.Amaximum of 6 feet in height is allowed in required
yard spaces which do not face a street.These same regulations are also applicable to "hedges and vines".
Property owners who have hedges,ornamental vegetation,or landscaping exceeding these maximum
heights are subject to code enforcement action including fines and penalties.
It may be appropriate for the height limitations on "natural"vegetation to be reconsidered in the light of
the importance of landscaping in environmental issues and in the beautification of neighborhoods.In
addition,the use of vegetation or landscaping as a screening mechanism (to block views of cars,boats,
satellite dishes )should be encouraged asan alternative toa wall or fence.
It is recommended that an amendment to the LDC pertaining to the permitted height ofhedges,vines and
vegetation be considered.The attached resolution would initiate the process,and direct staff to prepare a
draft ordinance for review by the Planning Board and the City Commission.
RECOMMENDATION:Approve the Resolution.
Attachments:
Draft Resolution
LDC Sections 20-3.6(H)
CS/SB/SAY^)
D:\Comm Items\2001\7-24-0l\LDC Amend Height of Hedges initiation repoitdoc
20-3.6 SOUTH MIAMI LAND DEVELOPMENT CODE
(H)Physical Barriers.
(1)All fences,walls,trellises and hedges may be erected on or along a property line,but
shallnot extend into official public rights-of-way or project onor over adjacent prop
erties.
(2)Height limit.
Residential:
(a)Chainlink fences will notbepermittedonrequiredyards adjacent toa
right-of-way.
(b)In required yards not adjacent to a right-of-way fences,wails,trellises and
hedges shall not exceed six (6)feet in height above grade.
(c)In required yards adjacent to a right-of-way,fences,walls,trellises,gates and
hedges shall not exceed four (4)feet in height above grade.Fences and walls
may be increased by two (2)feet in height above grade,and gates may be
increased by three (3)feet above grade,provided thatthe upper two (2)feet
of the fence orwall surface andtheupper three (3)feetof the gatebetween
vertical supports is designed asa uniform patternwitha minimum ofsixty
(60)percent open area.
(i)Wooden fences exceeding four (4)feet in height along rights-of-way shall
provide for a minimum of sixty (60)percent open area for all portions
between four i4)andsix(6)feetinheight above grade.The graphic
"Wooden Fence Types"includes an example of both an unacceptable and
acceptable prototype.
(ii)Masonry walls exceeding four (4)feet in height along rights-of-way shall
provide a minimum of sixty (60)percent open areaforall portions be
tween four (4)andsix(6)feetinheight above grade.No portion ofany
solid masonry wall above four (4)feet in height above grade along rights-
of-way shall exceed fourteen (14)inches inwidth.Thisisto provide for
vertical support (per Section 20-3.6(H)(2)(c))of screening material.The
remaining balance ofopenareamaybe screened bymetal work,wooden
lattice oranyothernonmasonry screening material.Aminimumofsixty
(60)percent open areashallbe maintained.The graphic "Masonry Wall
Types'*includes an example of both an unacceptable andan acceptable
prototype.
Supp.No.l 55
c
(hi)Trellisesand hedges cannotexceedfour(4)feet in height alongrights-
of-way.Freestandingtrellisesnotlocatedalongpropertylinesandnot
installedtocreateaphysicalbarriermay extend uptosix (6)feet in
height above grade inany required yard.Ornamental vegetation and
landscaping not located along property lines andnot installed to create
a physical barrier may extend uptosix (6)feet inheight above grade in
any required yard.Tree species included inthe Official Tree Listofthe
Cityof South Miami shallnotbeconsideredasphysicalbarriers.
(iv)Vines,asdefined under Section 20-2.3 maybe permitted onanyphysical
barrier,but innocaseshallavinebeallowedtocreateaone-hundred-
percentopacity situation for thatportionofaphysicalbarrierwhichis
greater than four i4)feet in height above grade along any right-of-way;
in no case shall vines be permitted to exceed six (6)feet in height above
grade.
(v)Light fixtures are permittedto extend upto sixteen (16)inches above the
maximum height for permitted physical barriers on single-family resi
dential properties.
Non-residential:
(d)Fences,walls,trellises or hedges on property zoned for non-residential uses
shallnot exceed eight(8)feetinheight above grade.
(3)Prohibited features.Fences constructed wholly or partially of barbed wire are pro
hibited,except fences or walls exceeding six (6)feet which have a maximum top
extension of sixteen (16)inches bearing a maximum of three (3)strands of barbed
wire.Use of electrically charged fences shall not be permitted in any district.