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Ordinance 87-2535 ORDINANCE NO. 87-2535 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1891; PROVIDING FOR AN AMENDMENT TO SECTION 16-5 PERTAINING TO EXEMPTIONS AFFECTING THE DESTRUCTION OF NON- CONFORMING BUILDINGS AND USES DAMAGED TO THE EXTENT OF MORE THAN FIFTY (50%) PERCENT OF THE ASSESSED VALUE OR REPLACEMENT VALUE (WHICHEVER IS GREATER), AS DETERMINED BY THE DADE COUNTY TAX ASSESSOR FOR HISTORIC CONFORMING STRUCTURES; PROVIDING FOR INCLUSION WITHIN THE ZONING ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Dashed WeFds = Deleted Language Underlined Words = New Language Section 1: That Section 16-5 of Ordinance No. 1891 is hereby amended to read as follows: 16-5 DESTRUCTION OF NON-CONFORMING BUILDINGS AND USES. A. If a building or use is damaged by any cause to the extent of more than fifty (50%) percent of the County tax-assessed value of the building, it shall not be restored except in conformity with the regulations contained in this Ordinance and all rights as a non-conforming building or use are terminated. However, a non-conforming building may be repaired regardless of the time a building has been vacant or to the extent it is damaged at a cost exceeding 50% of the assessed valuation of the structure or the replacement value, whichever is greater, as determined by the Dade County Tax Assessor if all of the below conditions are met:. 1. It shall be a historic conforming structure as determined by the Planning Department. For purposes of this section, the term "historic conforming structure" shall mean those buildings which are either contributing or conforming in architectural style, scale, setback, date of construction and/or historic association and/or are listed as such on the Historic Property Data Base as maintained by the Planning Department. A building permit shall not be issued until the Planning Department approves the architectural plans pursuant to the City's Design Review Board procedures. 2. It shall meet all requirements (as amended) in the following: South Florida Building Code, State Fire Marshalls Rules and Regulations, Life Safety Code and the City's Property Maintenance Standards and substantial compliance with the U.S. Secretary of Interior Standards for Rehabilitation of Historic Buildings. 3. The total number of units shall not exceed those which are listed on the building card, and no sleeping or dwelling unit shall be less than the minimum floor area as set forth in the respective zoning district and this Ordinance. 4. The above provisions are not applicable in those cases where multiple permits in one calendar year have been issued for a property where the value of the work exceeds 50% of the assessed value of the building or in any designated redevelopment area or buildings and structures that have a demolition order pending from the Dade County Unsafe Structures Board. • -1- • If a building is damaged less than fifty (50%) percent of the tax-assessed value or the replacement value, whichever is greater, as determined by the Dade County Tax Assessor, it may be repaired and used as before the time of damage, provided (1) that such repairs or reconstruction be substantially completed within twelve (12) months of the date of such damage; (2) that such repairs or reconstruction in the damaged portion of the building shall meet the requirements of the Miami Beach Property Maintenance Standards and the South Florida Building Code; and, (3) no damaged and subsequently repaired unit shall contain less •than the minimum required floor area as listed in the respective Zoning District. Section 2: INCLUSION IN ZONING ORDINANCE NO. 1891 It is the intention of the City Commission, and it is hereby ordained that the provisions of the Ordinance shall become and be made a part of the City of Miami Beach Zoning Ordinance No. 1891 as amended; that the section 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 3: REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 4: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such hold shall not affect the validity of the remaining portions of this Ordinance. Section 5: EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after adoption, on January 31 , 1987. PASSED AND ADOPTED this 21st day of Janua .LA. ♦I L / M ' O' ATTEST: 2/14"--- CITY CLERK 1st Reading January 21, 1987 2nd Reading - February 4, 1987 CH:cmf:hm 12/30/86 Zon Ord Prop FUS �r , i4d� `� EU F1C. 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