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PLANNING AND ZONING BOARD
Meeting Date: November 20, 2024
title
Text Amendment to Zoning Code Related to the Measurement of the Height of Structures
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Request: Text Amendment (Staff Initiated)
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Owner: n/a
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Project Planner: Max Wemyss (max.wemyss@copbfl.com / 954-786-4671)
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Summary:
Staff is recommending text amendments to the Zoning Code regarding the measurement of the height of structures. The amendments occur in Article 3 (Zoning Districts), Article 5 (Development Standards), and Article 9 (Definitions and Interpretations). The amendments are summarized below. Attached to this item is the complete text amendment in strikethrough and underline format.
Measurement and Definition of Height (main amendment)
Staff proposes to modify the way that the height of a structure is measured by differentiating between habitable structures and uninhabitable structures. Habitable structures are to be measured from the required finished floor elevation rather than the finished grade. Measuring from the finished grade resulted in a loss of permitted building height due to the difference between the grade of a property and the elevated (generally for FEMA compliance) finished floor of a property. This also put us in conflict with our Comprehensive Plan policies to accommodate development adaptations to sea level rise and the resulting floodproofing regulations. Additionally, some standards in our zoning code encourage taller ground floors (to promote viable retail spaces) in multistory and mixed-use buildings while also requiring a limitation in building height in feet rather than stories. This hard number for building height maximum, inclusive of the taller ground floor and the difference between the finished floor elevation and the grade, collectively restricts building height in an unintended way. Here are the referenced Comprehensive Plan Policies and Zoning Code Sections:
Future Land Use Element - Policy 01.05.09
The City will amend the Zoning Code as necessary to ensure that properties proposing to build with a sustainable finished floor elevation that accommodates the necessary freeboard to accommodate adopted sea level rise projections will not be penalized in relation to maximum building height.
Climate Change Element - Policy 11.06.16
To improve resiliency and address impacts of sea level rise, the City will consider increasing freeboard requirements while allowing the same building height from finished floor in order to mitigate the economic impacts of adaptation for ground floor uses.
DPOD Ground Floor Height for Commercial Spaces
155.3708.E.1.a. Areas intended for commercial uses on the ground floor of all non-residential and mixed-use buildings shall be a minimum of 12 feet in height;
EOD Ground Floor Height for Commercial Spaces
155.3709.D.2.a Areas intended for commercial uses on the ground floor of all non-residential and mixed-use buildings shall be a minimum of 12 feet in height;
Additional relevant amendments, summarized:
Residential Zoning Districts
RS-2: Note 5 previously allowed for structures that are required to be elevated to have a total maximum building height of 40 rather than 35. This type of standard (increasing the permitted building height) may no longer be necessary due to the proposed change in the measurement of building height.
Other Residential Districts: Corrected note references and clarified the standard for increasing setback for portions of a building above 20 feet in height.
Commercial Zoning Districts
Added and corrected note references and clarified the standard for increasing setback for portions of a building above 50 feet in height.
Marine Zoning Districts
Removed a redundant note reference
Transit-Oriented Districts
Removed references to “adjacent” grade and clarified that height is measured from “finished” grade.
Fences and Walls
Added that fence and wall height is to be measured from the finished grade on the interior side of the fence or wall, including where a retaining wall or berm is used.
Modified the requirement that a fence on a corner lot should never exceed the height of the adjacent fence to require that the fence never exceed the height maximum of the fence on the adjacent lot, regardless of the elevation of the subject property.
Staff’s Request
Staff is requesting that the Board recommend approval of the proposed changes to the Zoning Code to the City Commission for adoption.