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2017-4118 Ordinance NONCONFORMING BUILDINGS -SUSTAINABILITY REQUIREMENTS ORDINANCE NO. 2017-4118 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," BY AMENDING ARTICLE IX, "NONCONFORMANCES," TO CLARIFY AND UPDATE CERTAIN TERMS AND DESCRIPTIONS, AND TO PROVIDE MORE DEFINED PARAMETERS FOR WHAT CONSTITUTES A NONCONFORMING STRUCTURE, AND TO ESTABLISH REVISED STANDARDS FOR NON-CONFORMING STRUCTURES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHERAS, the Mayor's Blue Ribbon Panel on Flooding & Sea Level Rise has recommended that the nonconforming building regulations (as well as all related regulations) should be amended to address long term sustainability and resiliency city wide; and 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. - Repair and/or rehabilitation of nonconforming buildings and uses. * * * (b) Nonconforming buildings. Page 1 (1) Nonconforming buildings which are repaired or rehabilitated by less than fifty (50) percent of the value of the building as determined by the building official shall be subject to the following conditions: ad. 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. bs. Such repairs or rehabilitation shall meet the requirements of the city property maintenance standards, the applicable Florida Building Code, and the Fire Safety Code. cd. If located within a designated historic district, or an historic site, the repairs or rehabilitations 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. If the repair or rehabilitation of a contributing structure conflicts with any of these regulations, the property owner shall seek relief from the applicable building or Fire Safety Code. de. Any new construction shall comply with the existing development regulations in the zoning district in which the property is located, provided, however, that open private balconies, including projecting balconies and balconies supported by columns, not to exceed a depth of 30 feet from an existing building wall, may be permitted as a height exception. The addition of balconies may be permitted up to the height of the highest habitable floor for a building non-conforming in height, provided such balconies meet applicable FAR and setback regulations. Any addition of a balcony in a nonconforming building shall be subject to the review and approval of the design review board or historic preservation board, as may be applicable. (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 subject to the following conditions: a. All residential and hotel 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 construction shall meet all requirements of the city property maintenance standards, the applicable Florida Building Code and the Life Safety Code. c. The entire building and any new construction 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: Page 2 i. At least 75 percent of the front and street side facades; walls, exclusive of window openings; iii. For structures that are set back two or more feet from interior side property lines, at least 66 percent of the remaining interior side walls, exclusive of window openings; and iv. All architecturally significant public interiors. 2. For the replication or restoration of contributing buildings, but not for noncontributing 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; 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 prehistory or history; or vi. The structure is listed in the National Register of Historic Places. Notwithstanding the above, for buildings over three stories in height, at least 75 percent of the front facade and 75 percent of any architecturally significant portions of the street side facades shall be retained and preserved, in order to retain any non-conforming floor area, height, setbacks or parking credits. If the historic preservation board does not waive the requirements of subsection (b)(2)d.1. 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. Page 3 6. Contributing structures shall be subject to all requirements in section 118-503 of these Land Development Regulations. 7. Existing non-contributing structures in a designated historic district or site shall be subject to the sustainability and resiliency requirements for new construction in Chapter 133. 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 substantially intact and are retained, preserved and restored: i. At least 75 percent of the front and street side facades, exclusive of window openings; ii. At least 75 percent of the original first floor slab; iii. At least 50 percent of all upper level floor plates; and iv. At least 50 percent of the interior side walls, exclusive of window openings. 2. For buildings satisfying the above criteria, and whose lot size is less than 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 3. Buildings constructed prior to 1965 and determined to be architecturally significant by the planning director, or designee, shall comply with the sustainability and resiliency requirements for new construction in Chapter 133; however, the Sustainability Fee for such buildings shall be valued at three (3) percent the of the total construction valuation of the building permit. 4. Buildings constructed in 1965 or thereafter, and buildings constructed prior to 1965 and determined by the planning director, or designee not to be architecturally significant, shall be subject to the sustainability and resiliency requirements for new construction in Chapter 133. 35. For purposes of this subsection, the planning director, or designee shall make a determination as to whether a building is architecturally significant according to the following criteria: i. The subject 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 modern, or variations thereof; ii. The exterior of the structure is recognizable as an example of its style and/or period, and its architectural design integrity has not been modified in an irreversible manner; and iii. Exterior architectural characteristics, features, or details of the subject structure remain intact. Page 4 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. 46. Buildings constructed in 1965 or thereafter, and buildings constructed prior to 1965 and determined by the planning director, or designee not to be architecturally significant, shall be subject to the regulations set forth in subsection (b)(2)a—c herein. either provide the required parking on site, or within 500 feet of the site, or pay a parking impact fee f. Any new construction identified in subsections d. and e., above, shall comply with the existing development regulations in the zoning district in which the property is located, provided, however, that open private balconies, including projecting balconies and balconies supported by columns, not to exceed a depth of 30 feet from an existing building wall, may be permitted as a height exception. The addition of the highest habitable floor for a building nonconforming in height, provided such balconies meet applicable FAR and setback regulations. Any addition of a balcony in a nonconforming building shall be subject to the review and approval of the design review board or historic preservation board, as may be applicable. (3) There shall be no variances from any of the provisions herein pertaining to maximum floor area ratio and to parking credits. (4) Unless superseded by the provisions in Chapter 142, Article II, Division 2, sSingle- 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 set forth in subsection (b)(1)a—d herein are met. (6) The foregoing regulations 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 Agency. (7) Gasoline service stations. a. Notwithstanding the foregoing provisions, a nonconforming gasoline service station that provides a generator or other suitable equipment that will keep the station operational, and which has been damaged, repaired or rehabilitated by more than 50 percent of the value of the building as determined by the building official pursuant to the standards set forth in the Florida Building Code may be repaired or rehabilitated, if the following conditions are met: Page 5 1. The entire building and any new addition shall meet all requirements of the city property maintenance standards, the applicable Florida Building Code and the Life Safety Code. 2. The entire building and any new addition shall comply with the current development regulations in the zoning district in which the property is located, including, but not limited to all landscape requirements. New monument-style signs shall be required. Pole signs shall be prohibited. 3. No new floor area may be added if the floor area ratio is presently at maximum or exceeded. b. Necessary repairs to add an emergency electrical generator and related facilities to a nonconforming gasoline service station shall be permitted. c. A nonconforming gasoline service station that provides a generator or other suitable equipment that will keep the station operational, may add new floor area (other than floor area strictly necessary to house an emergency electrical generator and related facilities), or convert existing floor area or land, to add new accessory uses, such as a convenience sales area or a car wash, subject to conditional use approval, notwithstanding the nonconforming status of the gasoline service station. SECTION 2. REPEALER All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same 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 re-numbered or re-lettered 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 days following adoption. PASSED and ADOPTED this c4 day of , 21, ����q1** Phil.•��- , ! ayor ATTEST: -��� v`I gF CITY CL RK 0 * E INCORP OTE, ti �/ •. �F`h Page 6 APPROVED AS TO FORM AND LANGUAGE & F EXECUTION -^55 (( fl City Attorney r41, Date First Reading: June 7, 2017 Second Reading: July 26, 2017 Verified By: Thomas R. Mooney, AIC Planning Director T:\AGENDA\2017\6-June\Planning\Nonconforming Buildings Sustainabillity Requirements-First Reading ORD.docx Page 7 Ordinances- R5 J MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 26, 2017 10:25 a.m. Second Reading Public Hearing SUBJECT: NONCONFORMING BUILDINGS - SUSTAINABILITY REQUIREMENTS: 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," BY AMENDING ARTICLE IX, "NONCONFORMANCES," TO CLARIFY AND UPDATE CERTAIN TERMS AND DESCRIPTIONS, AND TO PROVIDE MORE DEFINED PARAMETERS FOR WHAT CONSTITUTES A NONCONFORMING STRUCTURE, AND TO ESTABLISH REVISED STANDARDS FOR NON-CONFORMING STRUCTURES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. ANALYSIS BACKGROUND On January 17, 2017, the Mayor's Blue Ribbon Panel on Sea Level Rise discussed the attached Ordinance amendment and recommended that the City Commission refer it to the Land Use and Development Committee and Planning Board. Commissioners John Elizabeth Aleman and Joy Malakoff are the sponsors of the item. On February 8, 2017, the City Commission referred the proposed Ordinance amendment to the Land Use and Development Committee (Item C4 F). The amendment was simultaneously referred to the Planning Board. Commissioners John Elizabeth Aleman and Joy Malakoff are the sponsors of the item. On February 15, 2017, the Land Use Committee discussed the item and continued it to a date certain of March 8, 2017. On March 7, 2017, a modified version of the ordinance was presented to the Mayor's Blue Ribbon Panel on Sea Level Rise. The Blue Ribbon Panel recommended that the ordinance be adopted. On March 8, 2017, the Land Use and Development Committee discussed the modified ordinance and continued it to a date certain of April 19, 2017. On April 19, 2017, Land Use and Development Committee reviewed the revised ordinance and recommended that the Planning Board transmit the ordinance to the City Commission with a favorable recommendation. Page 1279 of 2495 PLANNING ANALYSIS Section 118-395 defines the procedures for the retention of nonconforming structures that are being renovated. The section has several requirements for existing structures undergoing a renovation both below and in excess of 50% of the value of the structure, specifically as it pertains to nonconforming development attributes such as floor area, height, setbacks, and parking credits. The proposed ordinance would require that certain buildings undergoing a substantial renovation, in excess of 50% of the value of the structure, be subject to the Sustainability and Resiliency Requirements of Chapter 133 of the City Code with some modifications. Chapter 133 requires a minimum of LEED Gold Certification, or the payment of a fee of five percent (5%) of construction value. The percentage is based on research indicating the estimated cost of achieving the applicable level of certification. In order to not overly burden historic structures undergoing a renovation, the regulations requiring compliance with the Sustainability and Resiliency Requirements of Chapter 133 for projects undergoing a substantial renovation were modified. Specifically, contributing buildings within a designated historic district or site would be exempt from the requirements of Chapter 133. Buildings located outside of an historic district or site, constructed prior to 1965 and determined to be architecturally significant would be subject to the Sustainability and Resiliency Requirements; however, the fee would be set at three percent (3%) of construction value and a full refund would be provided if the project achieves LEED Silver Certification or higher. The 5% fee requirement of Chapter 133 would still apply to existing non-contributing buildings located within an historic district or site, as well as non-architecturally significant and post 1965 buildings located outside of a historic district or site. PLANNING BOARD REVIEW On May 23, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission, with a favorable recommendation. UPDATE The subject Ordinance was approved at First Reading on June 7, 2017, with no changes. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. Legislative Tracking Planning Sponsor Commissioners John Elizabeth Aleman and Joy Malakoff ATTACHMENTS: Description D Ordinance Page 1280 of 2495