HomeMy WebLinkAboutOrdinance 2025-4780 Suspension of Exterior Color Review Requirements
ORDINANCE NO. 2025-4780
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "MIAMI BEACH RESILIENCY
CODE," CHAPTER 7, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE I, ENTITLED "GENERAL TO ALL ZONING
DISTRICTS," SECTION 7.1.7, ENTITLED "COLOR OF EXTERIOR
SURFACES," TO SUSPEND THE PROCEDURES AND REQUIREMENTS
FOR THE REVIEW OF EXTERIOR SURFACE COLORS ON BUILDINGS;
AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to amend the current regulations and
procedures for the painting of exterior surfaces in the Land Development Regulations; and
WHEREAS, the Land Development Regulations require that all buildings obtain approval
from the Planning Department prior to painting the exterior of the structure; and
WHEREAS, temporarily suspending the current regulations pertaining to the painting of
the exterior of a building would promote the general health, safety and welfare of the residents of
the City by encouraging property owners to paint or repaint buildings; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 7 of the Miami Beach Resiliency Code, entitled "Zoning Districts and
Regulations," Article II, entitled "General to All Zoning Districts," is hereby amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
ARTICLE I. GENERAL TO ALL ZONING DISTRICTS
* * *
7.1.7 COLOR OF EXTERIOR SURFACES
7.1.7.1 Purpose
a. The purpose of this section is to enhance the unique architectural environment of the city by
establishing guidelines for the choice of primary colors for the exterior surfaces of buildings and
structures, including courtyards accessible to the public.
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b. The enforcement of this section 7.1.7, including subsections 7.1.7.1 through 7.1.7.3, shall be
suspended from December 27, 2025 through March 31, 2026, as it pertains to exterior colors on
stucco, plaster and similar surfaces on buildings located in commercial and multi-family zoning
districts only. This subsection b. shall sunset and stand automatically repealed on March 31,
2026.
7.1.7.2 Applicability
a. The painting of all public and private development, including, but not limited to, new buildings,
structures, additions or alterations and the repainting of existing buildings and structures, shall
be subject to these regulations and shall be reviewed under the certificate of appropriateness
or design review procedures as set forth in chapter 2.
b. The reflectance, tinting and coloration of glass on the elevations of a building or structure shall
be subject to these regulations and shall be reviewed under the certificate of appropriateness
or design review procedures as set forth in chapter 2.
c. The color of unpainted natural or manufactured materials applied to the exterior facade of
buildings or structures shall be subject to these regulations and shall be reviewed under the
certificate of appropriateness or design review procedures as set forth in chapter 2.
d. The color of roof tiles or roof finishes shall be subject to these regulations and shall be
reviewed under the certificate of appropriateness or design review procedures as set forth in
chapter 2.
7.1.7.3 Color selection procedures and review criteria
a. The city exterior color review chart (color chart).
1. A pre-approved color chart shall be available in the planning department. An applicant
for a building permit for paint or the application of a building surface material shall
select a color of equal or lesser intensity than a color intensity from the color chart.
2. The city exterior color review chart shall consist of the following components:
A. City-wide color intensities. These intensities shall be applicable to all
structures,except for contributing structures, buildings, improvements in locally
designated historic districts and historic sites.
B. Historic district color intensities. These intensities shall be applicable to
contributing structures, buildings and improvements in locally designated
historic districts and to historic sites.
C. Mediterranean revival architecture colors. These colors are applicable only to
Mediterranean revival architecture buildings and structures and are limited to
natural earth tones as represented by examples on the color chart. For
purposes of this section 7.1.7.3.a.2.C, Mediterranean revival architecture shall
be defined as those structures built between 1915 through 1940. This style is
generally characterized by, but not limited to, stucco walls, low pitch terra cotta
or historic Cuban tile roofs, arches, scrolled or tile capped parapet walls and
articulated door surrounds, or Spanish baroque decorative motifs and classical
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elements.
3. Colors commonly described with terms such as neon, fluorescent, day-glo, iridescent
and similar terms shall not be permitted to be applied to the exterior surface of any
structure unless such color has been approved by the design review board or joint
design review board/historic preservation board, as applicable.
b. Permit required.
1. A building or structure shall not be painted or have applied a natural or manufactured
material as an exterior facade without first receiving a building permit or paint permit
pursuant to the applicable requirements of the Florida Building Code and the city's
land development regulations. No building or structure shall be painted or have a
material applied to the exterior facade, except in a paint color or material approved
pursuant to the provisions of this section 7.1.7.3.b.
2. Permits for repainting of existing structures or painting of new structures, or applying
a natural or manufactured material to an exterior facade, shall not be issued until
either: (a) the applicant selects a color from the approved color chart for approval of
paint permit application, or(b) has a specific color, not represented in the color chart,
or a specific color which may require approval of the design review board or historic
preservation board as applicable. This provision does not apply to single family homes
unless designated historic or located in a historic district.
3. If the building or structure to be painted, or surfaced with a natural or manufactured
material, requires a permit or approval in addition to a paint or material approval from
a board or the planning, design and historic preservation division, the applicant may
submit an application for a building permit or board approval simultaneously with an
application for paint or material color approval. However, a certificate of occupancy,
certificate of completion, or certificate of use, whichever is requested earlier, shall not
be issued until the planning, design and historic preservation division or design review
or historic preservation board, as applicable. The planning director shall have the
authority to approve or deny the color selection based upon the criteria as set forth in
section 7.1.7.3.c. The criteria listed in section 7.1.7.3.c may be utilized for projects
being reviewed by the design review or historic preservation board, as applicable.
c. Review criteria.
1. The exterior of each wall of a building or structure shall be in a color of equal or less
intensity than one of the colors on the city exterior color review chart.
2. Color intensities greater than those represented on the city exterior color review chart
may be utilized only for purposes of emphasizing trim and accenting architectural
features of a structure and shall be limited to the trim.
3. Color intensities listed in neighborhood plans or, to the extent applicable, listed in
exterior design guidelines adopted by the city commission may be used, in the
neighborhoods or areas defined in such plans or guidelines, in lieu of those specified
in the city exterior color review chart.
4. Colors selected shall be appropriate to the architectural style, ornamentation, massing
and scale of the structure.
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SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption. The provisions of this
Ordinance shall sunset and stand automatically repealed on March 31, 2026.
PASSED AND ADOPTED this 0day of December , aOQS .
ATTEST:
even Meiner,..Mayor
DEC 2 2 2025 ~y',
Rafael . G7ranado, City Clerk ` '" °',
iN[QR? JRATED 1
t,. :1 fi ,;,)
Sponsored By: Commissioners Alex Fernandez and David Suarez `',7,?:. 42, °:
First Reading: September 3, 2025 Co-Sponsored by CommissionerJosep11 Magazine
Second Reading: cember 1 , 20 5
Verified By:
Thomas R. Mooney, Al P
Planning Director
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
/ZIS1?oZ1-
City ttorney 0� Date
T:Wgenda12025\13 December 17,2025\Planning\Suspension of Exterior Color Review Requirements-Second Reading ORD.docx
Page 4 of 4
Ordinances - R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 17, 2025 9:30 a.m. Second Reading Public Hearing
TITLE: SUSPENSION OF EXTERIOR COLOR REVIEW REQUIREMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED "MIAMI BEACH RESILIENCY CODE," CHAPTER
7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE I, ENTITLED
"GENERAL TO ALL ZONING DISTRICTS," SECTION 7.1.7, ENTITLED "COLOR OF
EXTERIOR SURFACES," TO SUSPEND THE PROCEDURES AND
REQUIREMENTS FOR THE REVIEW OF EXTERIOR SURFACE COLORS ON
BUILDINGS; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) not
adopt the subject ordinance.
BACKGROUND/HISTORY
On February 3, 2025, at the request of Commissioner Alex Fernandez, the City Commission
referred a discussion item pertaining to paint permits for buildings in multi-family and commercial
districts (C4 X) to the Land Use and Sustainability Committee (LUSC). On April 15, 2025, the
LUSC recommended that the proposed draft ordinance be referred to the Planning Board.
Additionally, Commissioner David Suarez became a co-sponsor of the proposal. On May 21,
2025, at the request of Commissioner Alex Fernandez, the City Commission referred the item to
the Planning Board (C4 D).
ANALYSIS
Exterior surface colors are regulated pursuant to Section 7.1.7 of the Land Development
Regulations of the City Code (LDRs) as follows:
7.1.7 COLOR OF EXTERIOR SURFACES
7.1.7.1 Purpose
The purpose of this section is to enhance the unique architectural environment of the city by
establishing guidelines for the choice of primary colors for the exterior surfaces of buildings and
structures. including courtyards accessible to the public.
7.1.7.2 Applicability
a. The painting of all public and private development. including, but not limited to. new buildings.
structures, additions or alterations and the repainting of existing buildings and structures, shall
be subject to these regulations and shall be reviewed under the certificate of appropriateness
or design review procedures as set forth in chapter 2.
b. The reflectance, tinting and coloration of glass on the elevations of a building or structure shall
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be subject to these regulations and shall be reviewed under the certificate of appropriateness or
design review procedures as set forth in chapter 2.
c. The color of unpainted natural or manufactured materials applied to the exterior facade of
buildings or structures shall be subject to these regulations and shall be reviewed under the
certificate of appropriateness or design review procedures as set forth in chapter 2.
d. The color of roof tiles or roof finishes shall be subject to these regulations and shall be
reviewed under the certificate of appropriateness or design review procedures as set forth in
chapter 2.
7.1.7.3 Color selection procedures and review criteria
a. The city exterior color review chart (color chart).
1. A pre-approved color chart shall be available in the planning department. An applicant
for a building permit for paint or the application of a building surface material shall
select a color of equal or lesser intensity than a color intensity from the color chart.
2. The city exterior color review chart shall consist of the following components:
A. City-wide color intensities. These intensities shall be applicable to all
structures, except for contributing structures, buildings, improvements in locally
designated historic districts and historic sites.
B. Historic district color intensities. These intensities shall be applicable to
contributing structures, buildings and improvements in locally designated
historic districts and to historic sites.
C. Mediterranean revival architecture colors. These colors are applicable only to
Mediterranean revival architecture buildings and structures and are limited to
natural earth tones as represented by examples on the color chart. For
purposes of this section 7.1.7.3.a.2.C, Mediterranean revival architecture shall
be defined as those structures built between 1915 through 1940. This style is
generally characterized by, but not limited to, stucco walls, low pitch terra cotta
or historic Cuban tile roofs, arches, scrolled or tile capped parapet walls and
articulated door surrounds, or Spanish baroque decorative motifs and classical
elements.
3. Colors commonly described with terms such as neon, fluorescent, day-glo. iridescent
and similar terms shall not be permitted to be applied to the exterior surface of any
structure unless such color has been approved by the design review board or joint
design review board/historic preservation board, as applicable.
b. Permit required.
1. A building or structure shall not be painted or have applied a natural or manufactured
material as an exterior facade without first receiving a building permit or paint permit
pursuant to the applicable requirements of the Florida Building Code and the city's
land development regulations. No building or structure shall be painted or have a
material applied to the exterior facade, except in a paint color or material approved
pursuant to the provisions of this section 7.1.7.3.b.
2. Permits for repainting of existing structures or painting of new structures, or applying
a natural or manufactured material to an exterior facade, shall not be issued until
either: (a) the applicant selects a color from the approved color chart for approval of
paint permit application, or(b) has a specific color, not represented in the color chart,
or a specific color which may require approval of the design review board or historic
preservation board as applicable. This provision does not apply to single family homes
unless designated historic or located in a historic district.
3. If the building or structure to be painted, or surfaced with a natural or manufactured
material, requires a permit or approval in addition to a paint or material approval from
a board or the planning, design and historic preservation division, the applicant may
submit an application for a building permit or board approval simultaneously with an
application for paint or material color approval. However, a certificate of occupancy,
certificate of completion, or certificate of use, whichever is requested earlier, shall not
be issued until the planning, design and historic preservation division or design review
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or historic preservation board, as applicable. The planning director shall have the authority to
approve or deny the color selection based upon the criteria as set forth in section 7.1.7.3.c. The
criteria listed in section 7.1.7.3.c maybe utilized for projects being reviewed by the design review
or historic preservation board, as applicable.
c. Review criteria.
1. The exterior of each wall of a building or structure shall be in a color of equal or less
intensity than one of the colors on the city exterior color review chart.
2. Color intensities greater`han those represented on the city exterior color review chart
may be utilized only for purposes of emphasizing trim and accenting architectural
features of a structure and shall be limited to the trim.
3. Color intensities listed in neighborhood plans or, to the extent applicable, listed in
exterior design guidelines adopted by the city commission may be used, in the
neighborhoods or areas defined in such plans or guidelines, in lieu of those specified
in the city exterior color review chart.
4. Colors selected shall be appropriate to the architectural style, ornamentation, massing
and scale of the structure.
All requests for paint permits using either pre-approved or non-pre-approved colors are made
through the Citizen Self Service (CSS) system. Attached, for informational purposes, are the pre-
approved exterior colors for buildings on Miami Beach.
The following is a summary of the steps involved in obtaining approval for an exterior paint permit
through the CSS portal:
Pre-Approved Colors
1. In the CSS portal, an applicant types on the search bar "paint" and chooses "Exterior Paint
permit" for paint colors included in the City's preapproved colors (see attached). Pre-approved
paint colors can be accessed on the city's website under Planning and Zoning, and the following
is a direct link to the pre-approved colors: https://www.miamibeachfl.gov/wp-
content/uploads/2023/10/Pre-Approved-Paint-Pallet-6-22-23.pdf.
2. The pre-approved paint color is chosen, and the paint permit is issued.
3. There are no fees or inspections required for pre-approved paint colors. A record of the
approved color is maintained by the City, for the property.
Additionally, planning staff frequently assists any applicant who needs assistance creating a CSS
account, which is also free, as well as navigating the list of colors.
Non Pre-Approved Colors
1. In the CSS portal, an applicant types on the search bar"paint" and chooses "Paint Permit Non-
preapproved Color(s).
2. The following are required to be uploaded by the applicant:
a. Current color photographs of the building showing all sides.
b. Building elevation drawings or color photographs indicating the location of the proposed
base color and trim, as applicable.
c. Color swatches of all proposed paint colors with the identification of the brand and paint
number.
For non-pre-approved paint colors, if the proposed color is equal to or of a lesser intensity than
the closest corresponding color listed on the pre-approved paint colors, the permit can be
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reviewed and approved administratively. There is a nominal review fee of$102.00 and a planning
inspection is required after the painting is completed, to ensure that the approved color was used.
Additionally, planning staff provides assistance to any applicant who may need help creating a
CSS account, which is also free, as well as uploading the required documents.
If a non-pre-approved color exceeds the intensity of the closest corresponding color on the pre-
approved color list, approval from the Design Review Board (DRB) or Historic Preservation Board
(HPB), as appl able, would be reqLired.
If adopted by the City Commission, the proposed ordinance would suspend the requirements of
Section 7.1.7, for properties located in multi-family and commercial districts, from December 27,
2025 until March 31, 2026, as it pertains to exterior colors on stucco, plaster and similar surfaces
only. The suspension of these requirements would sunset and stand automatically repealed on
March 31, 2026.
As indicated previously, the Administration does not recommend suspending or modifying the
current requirements for the review and approval of exterior surface colors, including the
requirement for permits to paint the exterior of a building in any district. In this regard, exterior
surface finishes can have a significant impact on the appearance and architectural integrity of a
building and applying very dark paint in a haphazard manner could have detrimental impacts that
are difficult to reverse. Also, if a building owner chose an extremely loud and vibrant color, it could
lead to neighboring building owners proposing a competing color, simply to get attention; glaring
colors on a building are often better than a big sign, in terms of drawing attention.
PLANNING BOARD REVIEW
On July 28, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with an unfavorable recommendation (6-0).
UPDATE
The subject ordinance was approved at First Reading on September 3, 2025. At the request of
the sponsor, the ordinance has been revised for Second Reading with the following modifications:
1. The applicability period for the suspension of exterior surface color review has been reduced
from six months to three months and would now run from December 27, 2025 through March
31, 2026.
2. The proposed suspension of exterior surface color review would now be limited to commercial
and multi-family zoning districts only.
3. The proposed suspension of exterior surface color review would sunset and stand
automatically repealed on March 31, 2026.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 9/24/2025
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/
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FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission not adopt the subject ordinance.
Should the City Commission move to :.i,o't the ordinance, the Administration recomm'~ds that
pursuant to Section 2.3.2 of the LDRs, the City Commission waive the annual zoning cycle
restriction for the subject LDR amendment in order for Second Reading of the ordinance to occur
prior to January 2026.
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Commissioner David Suarez
Commissioner Joseph Magazine
Condensed Title
*9:30 a.m. 2nd Rdg, Suspension of Exterior Color Review Requirements. (AF/DS/JM) PL 5/7
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 9/3/2025 - R5 L
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