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Ordinance 88-2596 ORDINANCE NO. 88-2596 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1891; PROVIDING FOR AN AMENDMENT TO SECTION 15 FACADE REVIEW REGULATIONS BY ESTABLISHING CRITERIA TO EVALUATE REQUESTS FOR PAINTING PERMITS AND REORGANIZATION OF THIS SECTION FOR PURPOSES OF CLARIFYING THE FACADE REGULATIONS; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA: Underlined Words - New language Dashed Weeds - Deleted language SECTION It That Section 15 of Ordinance No. 1891 shall read as follows: SECTION 15 GUIDELINES FOR THE PAINTING OF EXTERIOR SURFACES OF BUILDINGS AND STRUCTURES FACADE REVIEW REGULATIONS 15-1 PURPOSE. A. The purpose of this Section Facade Review is to enhance the tropical environment of Miami Beach by establishing guidelines for the choice of primary paint color for the exterior surfaces of buildings and structures. I5-2 SCOPE OF REVIEW • A: Facade Review eaeempasses the Fegulatieas ef the pe.maey paint eeleF ef exteeiee h ilding saefaees €ef a14 develepmea#s: 1. 15-2 APPLICABILITY AND EXEMPTIONS. A. All public and private development in the City of Miami Beach including the painting of new buildings, additions or alterations cequiFiRg pa+Rt+Rg and the repainting of existing buildings cequiriAg cepaiRtiRg shall be subject to Facade Review with the exception of single family homes structures which utilize glass in a manner that substantially masks the exterior of the building. 45-4 CRIT€RfA FOR FACADE REVIEW A: A Miami Beaeh Facade Review Celec Chact shall be appceved by the PIaRR1Rg Beard and shall serve as a basie ecite4ia few facade review: PEW the pucpeses ef this SeetieR; Re fess thaR 73% ef the tetal paiRt te be used AR the exterec ef a building shall be the pc.iracy paiRt eelec seleeted fcem the Miami Beach Facade Review Celec Chaff: TheFe shat} be eRly eRe primacy paint eelec selected fief each building sub}eet te the FegulatieRs ef this SeetieR: 15-3 COLOR SELECTION PROCEDURES AND REVIEW CRITERIA A. The Miami Beach Facade Review Color Chart. This chart shall be available in the Building Department and the Planning and Zoning Department. When an applicant has made a color selection, he must provide a paint chip or dry sample sufficient to indicate that the specified paint to be used is shown on the Miami Beach Facade Review Color Chart or is a color which is lighter in shade than any other color on the Color Chart. B. Paint Permit 1. €xistiRg StFaetuces- No permits for repainting of existing structures or painting of new structures shall be issued until the applicant has made selects a color seleetteR from the Miami Beach Facade Review Color Chart and has submitted submits the cequiced color sample, puFsuaRt te this SeetieR: The eelec seleetieR shall be appceved and for review and approval by the Planning and Zoning Director or a Board having jurisdiction to approve the color selection. Upon approval of the color sample, the paint chip or art sample shall be indicated on the painting permit and the building card. The color sample shall be retained by the DevelepreRt Secviees Building, Department for future reference. x Revised 1/29/88 27 New CeRstFHEtieb aAd Addi iebe: WbeR appiyiRg feE the eEigiRai bHiidibg peFmit7 the apbii€aww must €eflew the same pFeeedHFes as bfevided ib Se€ti9R 43-57A-17 2. If the structure to be painted requires Site Flab Review a Board or Planning Director's approval, the applicant may submit an application for a painting or building permit simultaneously with Site PiaR Review an application for paint approval to expedite istFeeessiRg. However no paibtiAg building permit shall be issued until the RRai Site Flab has been abbFeved abet a buiietibg peFmi4 issued by the Deveiepmebt SeFvi€es BepaEtmebt Planning and Zoning Director or Board of jurisdiction approves the painting selection. 3. With the exception of buildings that are subject to the review of a Board that has jurisdiction over the exterior painting of a structure, the Planning and Zoning Director shall have the authority to approve or deny the color selection based upon the criteria as set forth in Section 15-4, C below. For projects being reviewed under Criteria 2 and 3 in Section 15-4C, the Planning and Zoning Director shall consult with the Chairman of the Planning Board prior to the Director's determining compliance with the intent of the Ordinance. The below criteria shall be utilized for projects being reviewed by a Board. C. Review Criteria 1. 75% of the exterior of a building shall be painted in a color which is within the range of colors on the Miami Beach Facade Review Chart. 2. Colors which are not represented on the Miami Beach Facade Review Chart may be utilized only for purposes of emphasizing architectural elements of a structure. • 3. Buildings, which have a particular architectural feature, may have a combination of colors making up 75% of the exterior; however, each color shall be within the range of colors on the Miami Beach Facade Review Chart. 4. Colors which are recommended within neighborhood studies or plans which have been approved by the City Commission. 15-4 APPEAL. A. The When not specifically set forth in this Ordinance, an applicant may appeal a decision regarding Facade Review to the Board of Adjustment; however, appeals pertaining to a decision of the Historic Preservation Board or Design Review Board shall be to the City Commission under the procedures set forth in this Ordinance. s 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 this ordinance shall become and be made a part of the City of Miami Beach Zoning Ordinance No. 1891 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 3: REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: SEVERABILITY. If any section, sub-section, 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 fo the remaining portions of this Ordinance. SECTION 5: EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after adoption on Jan. 30 , 1988. 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