HomeMy WebLinkAbout2005-3493 Ord
NONCONFORMING BUILDINGS
ORDINANCE NO. 2005-3493
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 118, "ADMINISTRATION AND
REVIEW PROCEDURES," ARTICLE IX,
"NONCONFORMANCES," BY AMENDING SECTION 118-
395 TO CLARIFY AND UPDATE CERTAIN TERMS AND
DESCRIPTIONS, AND TO PROVIDE MORE DEFINED
PARAMETERS FOR WHAT CONSTITUTES A
NONCONFORMING STRUCTURE; BY AMENDING
SECTION 118-398 TO CLARIFY AND UPDATE CERTAIN
TERMS AND DESCRIPTIONS; BY AMENDING SECTION
118-399 TO CLARIFY AND UPDATE CERTAIN TERMS AND
DESCRIPTIONS; BY AMENDING CHAPTER 130, "OFF
STREET PARKING", ARTICLE VI, "PARKING CREDIT
SYSTEM" BY AMENDING SECTION 130-161, TO
ESTABLISH REVISED STANDARDS FOR NON-
CONFORMING STRUCTURES; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Historic Preservation Board is charged by Ordinance
as serving in an advisory capacity to the City Commission and other City Boards on issues affecting
the City's architecture, design, historic districts and structures; and
WHEREAS, the Historic Preservation Board strongly supports the efforts of the Mayor's
Blue Ribbon Panel on the Structural Integrity of Historic Buildings to address the issues of
demolition by neglect and the failure of property owners to maintain existing historic structures; and
WHERAS, the final report of the Mayor's Blue Ribbon Panel on the Structural Integrity of
Historic Buildings has concluded that the nonconforming building regulation (as well as all related
regulations) should be amended to require reconstruction of historic (contributing) buildings under
all circumstances; and
WHEREAS, the Historic Preservation Board voted unanimously to strongly endorse the
recommendations of the Mayor's Blue Ribbon Panel on the Structural Integrity of Historic Buildings,
particularly with regard to the recommendation that all historic buildings that are ordered to be
demolished be replicated under all circumstances; and
WHEREAS, the Historic Preservation Board voted unanimously to strongly endorse the
recommendation that the replication requirement should be part of the proposed revisions to the
Land Development Regulations of the City Code pertaining to Nonconforming Buildings.
WHEREAS, the City of Miami Beach continually seeks to update and clearly define the
requirements of the Land Development Regulations of the Code of the City of Miami Beach as they
pertain to nonconforming structures; and
WHEREAS, the City of Miami Beach has adopted regulations pertaining to the maintenance
and improvement of existing nonconforming structures and,
WHEREAS, The City of Miami Beach desires to refine, clarify, expand and enhance
existing procedures and requirements for improvements to existing non-conforming structures in
order to ensure that a substantial portion of any such structure is retained and preserved; 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. That Chapter 118, Entitled "Administration and Review Procedures", Article IX,
Entitled "Nonconformances", of the Land Development Regulations of the Code of the City of
Miami Beach, Florida is hereby amended as follows:
Sec. 118-395. DestructioR, rRepair and/or renovation rehabilitation of nonconforming buildings and
uses.
( a) Nonconforming uses. If a building which contains a nonconforming use is damaged, repaired
or reno..;ated rehabilitated at a cost exceeding 50 percent of the value determination of the building as
determined by the building official pursuant to the standards set f{)rth in the Sooth Florida Bl:lilding
Getle, it shall not be thereafter used except in conformity with the use regulations in the applicable
zoning district contained in these land development regulations and all rights as a nonconforming use
are terminated.
(b) Nonconforming buildings.
(1) Nonconforming buildings which are damaged, repaired or rehabilitated by less than
50 percent of the value determination of the building as determined by the building official
shall be subiect to the following conditions: pursuant to the standards set forth in the South.
Florida Building Code may be repaired or rehabilitated if the follo:o.ving conditions are met:
a. Renoyated or repaired Repaired or rehabilitated residential and/or hotel units
shall meet the minimum floor area unit size requirements as set forth for the zoning
district in which the property is located. The number of units in the building shall not
be increased.
b. The building shall have previously been issued a certificate of use, certificate
of completion, certificate of occupancy or occupational license by the city to reflect
its current use.
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c. Such repairs or rehabilitation reconstruction in the damaged or repaired
portion of the building shall meet the requirements of the eCity property maintenance
standards, the Seffih applicable Florida Building Code, and the Life Safety Code. me
preyention and safety code, and if
d. lflocated within a designated historic district. or an historic structure site, the
repairs or rehabilitations shall comply substantially with the Secretary of Interior
Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures,
U.S. Department of the Interior (1983), as amended, as well as the Certificate of
Appropriateness Criteria in Article X of these Land Development Regulations. lfthe
repair or rehabilitation of a contributing structure conflicts with any of these
regulations. the property owner shall seek relief from the applicable building or life-
safety code.
(2) Nonconforming buildings which are repaired or rehabilitated by more than 50 percent
of the value of the building as determined by the building officiaL shall be subiect to the
following conditions:
a. All residential units shall meet the minimum and average unit size requirements for
rehabilitated buildings as set forth in the zoning district in which the property is
located.
b. The entire building. and any new addition shall meet all requirements of the City
property maintenance standards. the al'plicable Florida Building Code and the Life
Safety Code.
c. The entire building and any new addition shall comply with the current
development regulations in the zoning district in which the property is located. No
new floor area may be added if the floor area ratio is presently at maximum or
exceeded.
d. Development Regulations for buildings located within a designated historic district
or for an historic site:
1. The existing structure's floor area. height. setbacks and any existing
parking credits may remain. if the following portions of the building remain
substantially intact. and are retained. preserved and restored:
i. At least 75% of the front and street side facades:
ii. At least 75% of the original first floor slab:
iii. For structures that are set back 2 or more feet from interior side
property lines. at least 66% of the remaining interior side walls: and
iv. All architecturally significant public interiors.
2. For the replication or restoration of contributing buildings. but not for non-
contributing buildings. the Historic Preservation Board may. at their
discretion. waive the requirements of subsection b(2)( d)(1) above. and allow
for the retention of the existing structure's floor area. height. setbacks or
parking credits. if at least one of the following criteria is satisfied. as
determined by the Historic Preservation Board:
i. The structure is architecturally significant in terms of design. scale.
or maSSIng:
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ii. The structure embodies a distinctive style that is unique to Miami
Beach or the historic district in which it is located:
iii. The structure. is associated with the life or events of significant
persons in the City:
iv. The structure represents the outstanding work of a master
designer. architect or builder who contributed to our historical.
aesthetic or architectural heritage:
v. The structure has yielded or is likely to yield information important
in pre-history or history: or
vi. the structure is listed in the National Register of Historic Places.
If the Historic Preservation Board does not waive the requirements of
subsection b(2)( d)(I) above for any reason. including the inability of a
reconstructed building to meet the requirements of the applicable Building
Code. any new structure shall be required to meet all current development
regulations for the zoning district in which the property is located.
3. The building shall comply substantially with the Secretary of Interior
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Structures. as amended. as well as the Certificate of Appropriateness Criteria
in Article X of these Land Development Regulations.
4. If the repair or rehabilitation of a contributing structure or historic site
conflicts with any of the requirements (as amended) in the applicable Florida
Building Code or the Life Safety Code. the property owner shall seek relief
from such code.
5. Regardless of its classification on the Miami Beach Historic Properties
database. a building may be re-classified as contributing by the Historic
Preservation Board if it meets the relevant criteria set forth in the City Code.
6. Contributing structures shall be subject to all requirements in Section 118-
503 of these Land Development Regulations.
e. Development Regulations for buildings not located within a designated historic
district and not an historic site.
1. Buildings constructed prior to 1965 and determined to be architecturally
significant by the Planning Director. or designee. may retain the existing floor
area ratio. height. setbacks and parking credits. if the following portions of
the building remain intact and are retained. preserved and restored:
i. At least 75% of the front and street side facades:
ii. At least 75% of the original first floor slab:
iii. At least 50% of all upper level floor plates: and
iv. At least 50% of the interior side walls.
2. For buildings satisfying the above criteria. and whose lot size is less than
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20.000 square feet. the parking impact fee program may be utilized. provided
that all repairs and rehabilitations. and any new additions or new construction
is approved by the design review board and that any existing. required
parking. that is conforming. shall not be removed.
3. For purposes of this subsection. the Plannin~ Director. or desi~ee shall
make a determination as to whether a building is architecturally significant
according to the following criteria:
i. The subiect structure is characteristic of a specific architectural
style constructed in the city prior to 1965. including. but not limited
to. Vernacular. Mediterranean Revival. Art Deco. Streamline
Moderne. Post-War Modem. or variations thereof:
ii. The exterior of the structure is reco~izable as an example of its
style and/or period. and its architectural desi~ integrity has not been
modified in an irreversible manner: and
iii. Exterior architectural characteristics. features. or details of the
subi ect structure remain intact.
A property owner may appeal any determination of the Planning Director. or
designee relative to the architectural significance of a building constructed
prior to 1965 to the design review board. in accordance with the requirements
and procedures set forth in Article VI herein.
4. Buildings constructed in1965 or thereafter. and buildings constructed prior
to 1965 and determined by the Planning Director. or designee not to be
architecturally significant. shall be subiect to the regulations set forth in
subsection b(2)( a-c) herein.
5. If there is a change in use. a building shall receive no parking credits and
must either provide the required parkin~ on-site. or within 500 feet of the site.
or pay a parking impact fee.
(3) There shall be no variances from any of the provisions herein pertaining to maximum
floor area ratio and to parking credits.
(4) Single family homes shall be treated the same as other buildings. in determining when an
existing structures lot coverage. height and setbacks may remain.
(5) Notwithstanding the foregoing. in the event of a catastrophic event. including. but not
limited to. fire. tornado. tropical storm. hurricane. or other act of God. which results in the
complete demolition of a building or damage to a building that exceeds 50 percent of the
value of the building as determined by the building official. such building may be
reconstructed. repaired or rehabilitated. and the structure's floor area. height. setbacks and
any existing parking credits may remain. if the conditions setforth in Section (b )(1 )a-d herein
are met.
(6) The foregoing re~ulations shall not apply to any building or structure located on city-
owned property or rights-of-way. or property owned by the Miami Beach Redevelopment
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Agency.
(2) Nonconf-orming buildings v/hich are damaged, repaired or rehabilitated by more than 50
percent of the yalue determination of the building as determined by the building official pursuant to
the standards set forth in the South Florida Building Code may be repaired or rehabilitated if the
f-ollo~Ning conditions are met:
a. Historic structl:H'es
1. f.dl residential units shall meet the minillT1:Hl1 and average unit sizes for rehabilitated buildings
as set f-orih in the zoning district in ~."/hich the property is located.
2. The existing structure's floor area, height, and setbacks may remain, but any n6\V addition or
alteration must comply ~.vith the current development regulations in the zoning district in y;hich the
property is located.
3 The bailding shall meet all requirements (as amended) in the follo~."/ing: South Florida
Building Code, state fire marshal's rules and regulations, fire preY/ention and safety code, the city
property maintenance standards and shall comply substantially ~Nith the Secretary of Interior
Standards for Rehabilitation and Guidelines for Rehabilitating Historic Strnctures, U.S. Department
of the Interior (1983), as amended.
b. Nonhistoric structures
1. fJl residential units shall meet the minimum and average unit sizes f-or ney.v construction as
set forth in the zoning district in \yhich the property is located.
2. The building must meet all de",elopment regalations (lot size, lot ~."/idth, setbacks,
height, open spaoe, etc.) as set f-orth in the zoning district in ~Nhich the property is located,
except for the floor area ratio ~.vhich may remain as is, if it currently exceeds the maximum
floor area ratio allov;ed in the zoning district. ~Jo nevI floor area may be added if the
maximllIl1 floor area ratio is presently at maximum or exceeded.
3 . The building shall recei",e parking credits if there is no change in use, HO~Never, if there is a
change in use, the building shall receiye no parking credits and must either proyide the required
parking on site or vlithin 500 feet of the slibject property or \vithin 1,200 feet of the property in the
architectural district, or pay a parking impact fee.
4. The bailding shall meet all requirements (as amended) in the follov/ing: South Florida
Building Code, state fire marshal's rules and reglilations, fire preYlention and safety code and the city
property maintenance standards.
(3) Compliance. If a nonconf-orming building has been cited by the county linsafe structures board,
the oY.~mers shall bring the structure into conf-ormity ~Nith applicable codes Ylithin the time period
specified by such board. ')lith regard to multiple family residential bliildings, all of the anits shall
meet the floor area requirements as set f-orth in subsection (b) of this section. If the building is not
brolight into compliance ~.Yithin slich time period, the bailding shall not again be used except in
compliance ~.Yith all the reglilations of these land development regulations.
Sec. 118-396. Intermittent or illegal uses.
The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to
establish the existence of a nonconforming use and the existence of nonconforming use on a part of a
lot or tract shall not be sufficient to establish a nonconforming use on the entire lot or tract.
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Sec. 118-397. Existence of a nonconforming building or use.
(a) The planning and zoning director shall make a determination as to the existence of a
nonconforming use or building and in so doing may make use of affidavits and investigation in
addition to the data presented on the city's building card, occupational license or any other official
record of the city.
(b) The question as to whether a nonconforming use or building exists shall be a question of fact
and in case of doubt or challenge raised to the determination made by the planning and zoning
director, the question shall be decided by appeal to the board of adjustment after public notice and
hearing and in accordance with the procedures set forth in section 118-134. In making the
determination the board may require certain improvements that are necessary to insure that the
nonconforming use or building will not have a negative impact on the neighborhood.
Sec. 118-398. Building nonconforming in height, density, parking, floor area ratio or bulk.
Except as provided in Chapter 118. Article IX. herein. a A nonconforming building shall not be
altered or extended, unless such alteration or extension decreases the degree of nonconformity but in
no instance shall the floor area requirements of any unit which is being altered or extended be less
than the required floor area set forth in the applicable zoning district.
Sec. 118-399. Procedure for retention of illegally subdivided units, undersized units or illegally
installed kitchens.
The following procedure is only applicable to zoning violation notices for buildings or structures
which contain units which are illegally subdivided, units which have illegally installed kitchens and
existing units which are below the minimum size established by the city. Units shall be defined as
apartment units, hotel units and adult congregate living facility units.
(1) Options. Upon receiving a zoning violation notice relating to units which are illegally
subdivided, units which have illegally installed kitchens and units which are below the
minimum size established by the city the property owner shall appear before the code
enforcement special master at the scheduled hearing and state which of the following actions
the owner will take. If the owner fails to appear before the code enforcement special master
at the scheduled hearing, prosecution of the violations shall start immediately. An owner may
wish to voluntarily conform with this section by complying with the below procedures. The
owner may either:
a. Come into compliance with the parking, density and floor area regulations of
these land development regulations with regard to these units and obtain a new
certificate of occupancy or certificate of completion, whichever is appropriate, within
six months from the date the zoning violation notice was received; or
b. Conform to the building or structure's approved floor plan on record with the
city's building services department; or
c. Establish these units as legally nonconforming by:
1. Paying a fee as provided in appendix A, plus a processing fee asp
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provided in appendix A per unit which is in violation to the planning, design
and historic preservation division; and
2. By bringing the building into compliance with the following codes
and requirements within six months of the date the zoning violation notice
. was received:
i. Owner must show affirmative proof that the building was
purchased prior to September 30, 1987, or if at a subsequent date, the
owner must submit proof and an affidavit to the effect that the
conditions in the building existed prior to its purchase and prior to
September 30, 1987.
ii. These land development regulations, with the exception of
parking, density and floor area regulations (owner must comply with
all other land development regulations).
If the building is a located within an historic district historic structure
or historic site as defined in these land development regulations, all
exterior and public interior improvements (paint, "y"lindo"yvs, doors,
architectmal detailing) shall substantially meet the design criteria as
listed in the Secretary of Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Structures, U.S. Department of
the Interior (revised 1983), as amended. as well as the Certificate of
Appropriateness Criteria in Article X of these Land Development
Regulations. Compliance with this requirement is to be determined by
the Planning Department planning, design and historie preservation
division.
111. Seffih The applicable Florida Building Code.
IV. Fire prevention and safety code.
v. Section 58-176 et seq., pertaining to property maintenance
standards, and section 58-336 et seq., pertaining to rental housing.
vi. Owner must have paid and met all requirements with regard to
permit and license fees.
vii. Owner must have no outstanding city liens on the property in
question.
If the property owner does not comply with all of the above within six months of the date the zoning
violation notice was received, the owner shall be prosecuted before the code enforcement special
master for the existing violations.
(2) City administration procedures. The department of code compliance shall provide a
monthly listing of all properties cited with the zoning violations in question to the affected
departments. Each of the affected department heads shall send a written report to the
planning and zoning director regarding the status of the building. The report shall be sent to
the Planning Department planning, design and historic preservation division upon
compliance with the applicable code or requirement, or six months from the date of the
zoning violation notice in question, whichever occurs first. The departments required to send
a written report are as follows:
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a. Fire department.
b. Department of code compliance.
c. Building services department.
d. Planning Department Planning, design and historic preservation division.
e. Finance department, revenue division, lien section.
Upon receipt by the Planning Department planning, design and historic preservation division from all
affected departments that there are no existing violations on the subject property the Planning
Department planning, design and historic preservation division will notify the building official to
correct the building card so that the illegally nonconforming units will now be legally
nonconforming.
(3) Structures which are not eligible to use this procedure.
a. Buildings which are subj ect to the county unsafe structures board orders are
not eligible to retain illegally nonconforming units under the option in subsection
118-399(1 )c.
b. Units with less than 200 square feet per unit are not eligible to be retained
under the option in subsection 118-399(1)c.
c. If compliance with this procedure would require the owner to make
improvements totaling 50 percent or more of the value determination of the property
if located north of Sixth Street or 50 percent or more of the county tax assessed value
for properties in the redevelopment area, the owner will not be permitted to retain the
illegally nonconforming units pursuant to the option in subsection 118-399(1 )c.
(4) Subsequent renovations greater than 50 percent of value of structure or replacement
value. If a building comes into compliance pursuant to the option in subsection 118-3 99( l)c
and subsequently the owner makes renovations totaling 50 percent or more of the value
determination of the property if located north of Sixth Street or 50 percent or more of the
replacement value for properties in the redevelopment area, the owner must bring the
building into compliance with the density, parking and floor area regulations of these land
development regulations and will not be able to retain the legally nonconforming units.
SECTION 2. That Chapter 130, Entitled "Off Street Parking", Article VI, Entitled "Parking Credit
System", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is
hereby amended as follows:
Sec. 130-161. Regulations.
Whenever a Building or Use that was established prior to October 1, 1989, is changed in a manner
that results in an increase in the number of required Parking spaces, the following regulations shall
apply. Any Building or Use that lawfully existed on October 1, 1989, shall receive a parking space
credit equal to the number of parking spaces required prior to the adoption of these land development
regulations. The parking credit shall run with the land and shall be applied toward the required
parking as follows:
(1) The Parking credit shall only be applied to the area within the existing shell of the Building,
9
unless otherwise specifically provided in Chapter 118. article IX of these Land Development
Regulations.
(2) Parking credits shall not be applicable to Buildings or portions of a Building that have been
demolished. unless otherwise specifically exempted in Chapter 118. article IX of these Land
Development Regulations.
(3) Parking credits in the MXE Mixed Use Entertainment District shall only be applied as of
November 5, 1990. Parking credits in the Redevelopment Area shall only be applied as of
the effective date of these land development regulations. Any existing Use in the MXE
mixed use entertainment district or redevelopment area which has satisfied the parking
requirement through participation in the parking impact fee program may have its parking
impact fee adjusted for parking credits at the next due date for payment. No reimbursement
or prorating shall be allowed.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other
appropriate word.
SECTION 4. REPEALER"
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
PASSED AND ADOPTED this ~ day of Se
, 2005.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days followit;ig a 0 ti n.
/
!
David Dermer
Robert Parcher
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
10
9A;)jD~
Date
Verified by:
Underscore denotes new language
9/15/2005
T:\AGENDA\2005\Jun0805\Regular\NONCONFORM 2005-0RD SEP CC.doc
11
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
lQ
Condensed Title:
Ordinance amending the Nonconforming Structures Section of the City Code, to clarify and update certain
terms and descriptions, and to provide more defined parameters for what constitutes a nonconforming
structure.
Issue:
Amendment to the Nonconforming Structures Section of the City Code, modifying the procedures for the
reconstruction of contributing buildings in historic districts.
Item Summa IRecommendation:
As part of the recommendation of the Mayors Blue Ribbon Panel on the Structural Integrity of Historic
Buildings, an Ordinance has been drafted to address reconstruction requirements for contributing buildings
in historic districts.
On February 2, 2005 the City Commission approved the Ordinance on First Reading and referred the
matter to the Land Use and Development Committee for further discussion. On February 14, 2005, the
Land Use and Development Committee reviewed the subject Ordinance and referred the matter back to
the Planning, Design Review, and Historic Preservation Boards for further study.
On February 23,2005 the City Commission opened and continued the Ordinance to a date certain of April
20, 2005. On April 20, 2005 the City Commission opened and continued the proposed Ordinance to a date
certain of June 8, 2005. On June 8, 2005, the City Commission open and continued the item to a date
certain of September 8,2005 and referred the matter to the Land Use and Development Committee for
additional input. On July 11, 2005, the Land Use and Development Committee reviewed the proposed
Ordinance and recommended approval.
The Administration recommends that the ro osed Ordinance be ado ted.
Adviso Board Recommendation:
The Planning Board transmitted the proposed Ordinance, with a favorable recommendation, to the City
Commission on January 25,2005. The Historic Preservation Board reviewed the Ordinance on December
14, 2004 and January 11, 2005 and recommended approval. The Land Use and Development Committee
reviewed the proposed Ordinance on February 14, 2005 and referred the matter back to the Planning
Board, Historic Preservation Board/and Design Review Board for further review.
The Historic Preservation Board reviewed the revised Ordinance on March 8, 2005 and recommended
approval. The Design Review Board reviewed the revised Ordinance on May 17, 2005 and recommended
approval. The Planning Board reviewed the revised Ordinance on March 29, 2005 and recommended
certain modifications; the Planning Board continued the item to the April 26, 2005 meeting. On April 26,
2005 the Planning Board transmitted the proposed Ordinance to the City Commission with a favorable
recommendation. On July 11,2005, the Land Use and Development Committee reviewed the proposed
Ordinance and recommended a roval.
Financial Information: Not Applicable
Cit Clerk's Office Le islative Trackin
Jorge Gomez or Thomas Mooney
Si
City Manager
AGENDA ITEM
DATE
~S8
f-~{)5"
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members Of The City Commission
Date: September 8, 2005
From:
Jorge M. GOnZaleZ). ;', .... .-
City Manager .. /.,t-'-.....
( L)
Nonconformin\g Structures
SECOND READING
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE IX, "NONCONFORMANCES," BY AMENDING
SECTION 118-395 TO CLARIFY AND UPDATE CERTAIN TERMS AND
DESCRIPTIONS, AND TO PROVIDE MORE DEFINED PARAMETERS FOR
WHAT CONSTITUTES A NONCONFORMING STRUCTURE; BY
AMENDING SECTION 118-398 TO CLARIFY AND UPDATE CERTAIN
TERMS AND DESCRIPTIONS; AND BY AMENDING SECTION 118-399 TO
CLARIFY AND UPDATE CERTAIN TERMS AND DESCRIPTIONS;
AMENDING CHAPTER 130, "OFF STREET PARKING", ARTICLE VI,
"PARKING CREDIT SYSTEM" BY AMENDING SECTION 130-161, TO
ESTABLISH REVISED STANDARDS FOR NONCONFORMING
STRUCTURES; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the proposed Ordinance.
ANAL YSIS
Currently, the City Code does not specify how much of an existing structure must remain in
order to retain any legal nonconforming attributes, if it is damaged or repaired beyond the
500/0 of value rule. Because of thi~ certain projects have claimed a grandfathered vesting
with regard to setbacks, FAR and parking credits, even though only a small percentage of
the structure is being retained. In order to address this shortcoming, specific language
relative to the amount of a nonconforming structure, which is exceeding the 500/0 rule,
which must be retained in order to grandfather any legal nonconforming attributes, has
been developed.
This criteria is also specific to structures located city wide (including noncontributing
structures located within local historic districts) and contributing structures located within
historic districts.
September 8, 2005
Commission Memorandum
Ordinance - Nonconforming Buildings
Page 2 of 4
The Historic Preservation Board reviewed the proposed ordinance on December 14, 2004
and January 11, 2005 and recommended its approval. The Historic Preservation Board
also recommended that the Ordinance be strengthened in a manner consistent with the
recommendations of the Mayor's Blue Ribbon Panel on the Structural Integrity of Historic
Buildings.
On January 25, 2005 the Planning Board voted to transmit the proposed Ordinance
Amendment to the City Commission with a favorable recommendation. The Planning
Board made some minor text modifications to the proposed Ordinance, including the
removal of certain incentives for non-contributing buildings in historic districts, as well as
the requirement that historic materials be used whenever possible in the reconstruction of
contributing buildings.
On February 2, 2005 the City Commission approved the Ordinance on first reading and
scheduled a second reading public hearing for February 23, 2005. The Commission also
referred the matter to the Land Use and Development Committee for further discussion.
On February 14, 2005, the Land Use and Development Committee reviewed the subject
Ordinance and recommended a number of modifications, including a decrease in the
percentage of a building to be preserved in order to retain non-conforming zoning rights,
establishing criteria for the applicability of paying a parking impact fee outside of an historic
district, and creating an appeal process pertaining to administrative determinations of
architectural significance for structures built prior to 1965 and located outside of designated
historic districts.
Based upon the number of changes suggested, the Land Use and Development
Committee referred the matter back to the Planning Board, Historic Preservation Board and
Design Review Board for further discussion and consideration.
The revised Ordinance was reviewed by the Historic Preservation Board on March 8, 2005,
which recommended approval. The Design Review Board reviewed the proposed
Ordinance on May 17, 2005 and recommended approval.
The Planning Board reviewed the revised Ordinance on March 29, 2005 and continued the
item to the April 26, 2005 meeting. The Planning Board had specific concerns pertaining to
the introduction of parking impact fees outside of local historic districts and proposed
mandatory requirements for new construction in the event a contributing building is
demolished. In order to address these concerns the following modifications to the
Ordinance were made:
1. The policy for buildings demolished by an Order of the Building Official or without a
Certificate of Appropriateness from the Historic Preservation Board was modified to
require that any new structure be limited to the height, massing and square footage
of the original structure (not to exceed the height and FAR requirements of the
Code) and that the architectural style of the new structure be subject to the review
and approval of the Historic Preservation Board.
September 8, 2005
Commission Memorandum
Ordinance - Nonconforming Buildings
Page 3 of 4
2. Specific criteria was established that would allow the Historic Preservation Board to
waive the aforementioned policy.
3. The proposal for introducing parking impact fees outside of historic districts was
further clarified.
On April 26, 2005, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation. On June 8, 2005 the City Commission
considered the proposed Ordinance on Second Reading and expressed some additional
concerns with regard to the structure of the Ordinance, and referred the matter back to the
Land Use and Development Committee for further study.
On July 11, 2005, the Land Use and Development Committee endorsed the proposed
Ordinance, with the proviso that the structure of the ordinance be simplified and made
easier to read, and that its repetitiveness be reduced. The subject Ordinance has been
redrafted to address the issues raised by the Land Use and Development Committee and
the following is a summary of the proposed new language:
. For Nonconforming buildings which are repaired or rehabilitated, either by less or
more than 50 percent of the value of the building, text changes have been proposed
to clarify the specific requirements and to provide consistency in application.
. For Nonconforming buildings which are repaired or rehabilitated by more than 50
percent of the value of the building, specific criteria has been proposed to address
the portions of the structure that must be retained in order for an existing structure's
floor area, height, setbacks and any existing parking credits to remain, depending
upon whether or not the structure is located within a designated historic district or an
historic site, or not.
. A provision for the Historic Preservation Board to waive the requirements pertaining
to the portions of contributing structures located in historic districts or sites that must
be retained and still allow for the retention of the existing structure's floor area,
height, setbacks and parking credits, has been proposed. If the Historic
Preservation Board does not waive the requirements for any reason, any new
structure would be required to meet all current development regulations for the
zoning district in which the property is located.
. A provision for nonconforming buildings located outside of an historic district or site,
constructed prior to 1965, and determined to be architecturally significant, to retain
the existing floor area ratio, height, setbacks and parking credits has been created.
Specific criteria for such determinations, as well as the portions of the structure that
must be retained is included; an appeal process to the Design Review Board is also
proposed.
September 8, 2005
Commission Memorandum
Ordinance - Nonconforming Buildings
Page 4 of 4
. For buildings satisfying criteria for architectural significance, and whose lot size is
less than 20,000 square feet, a provision for utilizing the parking impact fee program
has been introduced, subject to Design Review Board approval.
. A no variance provision pertaining to maximum floor area ratio and to parking
credits was added.
. A provision to clarify that single family homes will be treated the same as other
buildings, in determining when an existing structures lot coverage, height and
setbacks may be retained was added.
. A provision to address catastrophic events, including, but not limited to, fire,
tornado, tropical storm, hurricane, or other acts of God was added.
. A provision to exempt buildings or structures located on city-owned property or
rights-of-way, or property owned by the Miami Beach Redevelopment Agency was
added.
The most significant change was moving the portion of the Ordinance pertaining to the new
City policy on the reconstruction requirements for contributing structures that were
demolished by an Order of the Building Official or without a Certificate of Appropriateness,
and the ability of the Historic Preservation Board to waive such policy. This section of the
proposed Ordinance amendment has been relocated to Article X, Historic Preservation,
and is now part of the companion Ordinance pertaining to "Reconstruction and Engineer
Requirements", which will be considered by the Commission separately at the September
8,2005 City Commission meeting.
FISCAL IMPACT
The proposed Ordinance is not expected to have any fiscal impact.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the proposed
Ordinance.
Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall
be neceSjf'in order to enact any amendments to the Land Development Regulations.
JMGrrH/JGGrr~~
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