Ordinance 84-2405 ORDINANCE NO. 84-2405
AN ORDINANCE OF THE CITY OF MIAMI BEACH
AMENDING THE COMPREHENSIVE ZONING
ORDINANCE NO. 1891; PROVIDING FOR AN
AMENDMENT TO SECTION 23 SITE PLAN REVIEW
REGULATIONS BY ESTABLISHING A DESIGN REVIEW
BOARD AND REGULATIONS AND IDENTIFYING
CERTAIN AREAS OF JURISDICTION; PROVIDING A
DESCRIPTION OF THE PROPERTY TO BE LOCATED
THEREIN; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: That Section 23 of Ordinance No. 1891 is hereby amended to read as
follows:
SECTION 23. SITE PLAN REVIEW REGULATIONS DESIGN REVIEW REGULATIONS
23-1 PURPOSE.
The primary purpose of s4te design review is to insure a high degree of aesthetics,
promote quality and compatible development of land uses, buildings, and structures
which enhance the value of property and the physical environment of the community in
certain highly visible, tourist, commercial and residential areas of the city.
23-2 SCOPE OF REVIEW.
Design Review encompasses the examination of the below criteria with regard to the
aesthetics, appearances, and function of the structure in relation to the site, adjacent
structures and surrounding community. The Design Review Board and Planning
Department shall review plans based upon the below criteria and Section 23-5A as
established in this Section of the Zoning Ordinance. If the Board determines that an
application is not consistent with the criteria, it shall set forth in writing and with
specificity the reasons substantiating its finding.
A. The existing and proposed conditions of the lot, including but not necessarily
limited to topography, vegetation, trees, drainage, and waterways.
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B. The location of all existing and proposed buildings, drives, parking spaces,
walkways, means of ingress and egress, drainage facilities, utility services,
landscaping structures and signs, and lighting and screening devices.
C. The dimensions of all buildings, structures, setbacks, parking spaces, floor area
ratio, height, lot coverage and any other information that may be reasonably
required to determine compliance with the Miami Beaeh zeRiRg this Ordinance.
D The color, design, selection of landscape materials and architectural elements
of exterior building surfaces for developments requiring a building permit in
areas of the city identified in Section 23-3,A.
E. The proposed structure is in conformity with the standards of this Ordinance and
other applicable ordinances, architectural and design guidelines, and plans
insofar as the location and appearance of the buildings and structures are
involved.
F. The proposed structure indicates a sensitivity to and is compatible with the
environment, adjacent structures, and enhances the appearance of the
surrounding properties.
G. The design and layout of buildings shall be reviewed so as to provide an efficient
arrangement of land uses. Particular attention shall be given to safety and fire
protection, relationship to the surrounding neighborhood and impact on
contiguous and adjacent buildings and lands, pedestrian sight lines and view
corridors.
H. Pedestrian and vehicular traffic movement within and adjacent to the site shall
be reviewed to ensure that all parking spaces are usable and are safely and
conveniently arranged. Access to the site from adjacent roads shall be designed
so as to interfere as little as possible with traffic flow on these roads and to
permit vehicles a rapid and safe ingress and egress to the site.
I. Lighting shall be reviewed to ensure safe movement of persons and vehicles; for
security purposes and to minimize glare and reflection on adjacent properties.
3. Landscape and paving materials shall be reviewed so as to ensure an adequate
relationship with and enhancement of the overall site plan design.
K. Buffering materials shall be reviewed to ensure that headlights of vehicles,
noise, and light from structures are purposely shielded from public view and
pedestrian areas.
L. Storm drainage, sanitary waste disposal, and water supply shall be reviewed and
considered in terms of the adequacy of existing systems, and the need for
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improvements, both on-site and off-site, to adequately carry runoff and sewage,
and to maintain an adequate supply of water at sufficient pressure.
M. Garbage disposal shall be reviewed to ensure freedom from vermin and rodent
infestation. All disposal systems shall meet municipal specifications as to
installation and construction.
N. The overall project shall be reviewed for compliance with the City's
Comprehensive Plan or special plans that apply to or affect the subject property.
23-3 APPLICABILITY AND EXEMPTIONS
A. Applicability. All building permits for new construction, alterations or additions
to existing buildings within the following areas shall be subject to review by the
Design Review Board. No building permit shall be issued without the express
written approval by the Design Review Board or otherwise provided for in these
regulations for the following areas: -ill the City of Miami Beach shall be s th3e€t
te Site Pian Review with the exeeptieR ef+
fT siag4e family I emesT
2T public and pFivate deveiepmeRt sdb}eet te Fegd4atieRs dadeF SeetieR 7-}T
CeRditieRai Uses and SeetieR 14-33. Site pians.
1. Any use, structure or building located between the oceanfront bulkhead
line and the erosion control line.
2. Any use, structure or building within the fifty (50) foot bulkhead rear yard
setback for oceanfront lots.
3. Any use, structure or building within Marine Districts I and II.
B. Exemptions. Exemptions to these regulations include all the following provided
no new construction and/or additions to existing buildings are required:
1. all permits for plumbing, heating, air conditioning, elevators, fire alarms
and extinguishing equipment, and all other mechanical and electrical
equipment when such work is entirely within the interior of the building;
however, the Planning Director may approve such building permit
applications for minor work on the exterior of buildings.
2. any permit necessary for the compliance with a lawful order of the Code
Enforcement Director, Fire Marshall or Public Works Director iRe4 diRg
related to aT any peFreit ReeessaFy feF the immediate public health or
safety.
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3. b, all permits for interior alterations and repairs.
4. ew all permits for demolition or wrecking.
23-4 DESIGN REVIEW BOARD POWERS AND DUTIES
A. POWERS AND DUTIES
1. Responsible for promoting excellence in urban design.
2. Responsible for reviewing all applications requiring Design Plan Review.
3. Responsible for preparing and recommending adoption of design plans for
areas subject to its review authority.
B. MEMBERSHIP
1. Composition - The Design Review Board shall be composed of seven (7)
regular members and two (2) ex-officio members. The seven (7) regular
members shall consist of two (2) registered architects, one (1) registered
landscape architect, one (1) professional engineer, one (I) professional land
planner and two (2) citizens at-large. The two (2) ex-officio members
shall be the Planning Director and Public Works Director. The City
Attorney's office shall provide legal counsel.
2. Appointment - The two (2) architects, one (1) landscape architect, one (1)
professional engineer, and one (1) professional land planner shall be
appointed by the City Manager in consultation with the Planning Board
from an eligibility list solicited from their representative professional
associations as listed below:
a. American Institute of Architects, local chapter
b. American Society of Landscape Architects, local chapter
C. Florida Engineer Society, local chapter
D. American Planning Association, local chapter
The two (2) citizens at-large members shall be appointed by the Planning
Board.
3. Residency and Place of Business - All regular members shall reside in or
have their primary place of business in Dade County; however, three (3)
professional members shall not reside in or have their place of business in
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the City of Miami Beach. The two (2) citizen-at--large members shall be
residents of the City.
C. TERMS OF OFFICE
The term of service on the Design Review Board shall be two (2) years. No
regular member shall serve more than three (3) consecutive terms.
The members of the first Board shall be appointed as follows: one (1) architect, •
one (1) citizen-at-large, the professional engineer, and the professional land
planner shall be appointed for a one (1) year term and the remaining three (3)
members shall be appointed for two (2) year terms. Thereafter, every member
appointed shall be appointed to serve a two (2) year term.
D. REMOVAL
Removal of appointed members shall be by the City Manager for cause. Failure
to attend three (3) consecutive meetings shall be considered cause for removal.
E. QUORUM AND VOTING
A quorum shall constitute five (5) regular members. An affirmative vote of four
(4) regular members shall be required to approve an application for design
review. Prior to a decision of the board, the ex-officio members shall submit a
recommendation for each item on the agenda, in addition, the City Attorney
shall determine whether a request is properly before the Board. If an application
is denied, the Board shall provide a written statement in support of its finding.
F. MEETINGS
The Board shall meet within a reasonable time upon receipt of an application, at
the call of the Chairperson or the Planning Director. All meetings shall be open
to the public and shall be conducted in accordance with the rules and regulations
adopted by the Board.
G. ORGANIZATION
1. The Chairperson and Vice-Chairperson shall be elected from the members
of the Board by a majority vote.
2. The Department of Planning shall provide the necessary staff to assist the
Board in the performance of its duties.
I-I. CONFLICT OF INTEREST
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A member of the Board should not vote on an application if it involves the
members' own property or property owned by members of his or her family or
current business associates either individually or of a company. Any board
member is prohibited from conducting business with any applicant for as long as
the board member remains on the board. Failure to comply with this
requirement will result in the automatic removal of all approvals received by the
applicant. All other state, county and municipal laws governing the ethical
conduct of public officials shall apply to members of the board.
23-5 DESIGN REVIEW PROCEDURE
A. CONSISTENCY WITH DESIGN REVIEW BOARD STANDARDS
All plans shall be consistent with the Design Review Board's adopted guidelines
for the area in which the site is located and with the criteria listed.
B. APPLICATION FOR DESIGN REVIEW
Any applicant requesting a hearing before the Design Review Board shall pay,
upon the submission of an application to the Planning Department, a fee of 1% of
the estimated value of construction; but not to exceed a sum of $200.00. An
application pertaining only to signs shall require a fee of $50.00. If a deferment
or clarification hearing is requested by the applicant, a $50.00 fee shall be
assessed. If a deferment or clarification of conditions is requested by the Board,
there will be no additional fee. If the applicant removes his file from the agenda
after it has been accepted by the Planning Department, the City shall retain 50%
of the application fee.
The above fee schedule is provided to defray the costs associated with the
Administration of this Section.
Should a question arise as to compliance with the conditions as outlined by the
Design Review Board, a clarification hearing before the Board may be called by
any City Department having jurisdiction or the applicant.
C. PRELIMINARY DESIGN REVIEW
The applicant shall submit a Preliminary Design Review Application to the
Planning Department. The Planning Department, with the assistance of any
other applicable City Department, will review the zoning, architectural and
other plan elements of the application and provide written comments to the
applicant within ten (10) days of the application.
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D. FINAL DESIGN REVIEW
The applicant shall obtain a Design Review application from the Planning
Department which shall be responsible for the overall coordination and
administration of the Design Review Process. Once the application and
appropriate set(s) of plans have been received by the Planning Department and
determined to be complete, the Planning Department shall within ten (10)
working days conduct a Staff review and prepare a recommendation to the
Design Review Board.
The Design Review Board shall consider the application and Planning Department
recommendation within a reasonable time from the date of submission of a
complete application to the Planning Department. The Board shall announce its
decision within three (3) working days of the hearing. The
Design Review Board shall have mandatory powers to approve or disapprove
applications, with or without conditions.
The Design Review Board may require such changes in said plans and
specifications as in its judgment may be requisite and appropriate to the
maintenance of a high standard of architecture, as established by the standards
contained in this Ordinance and as more specifically outlined in the City's
Comprehensive Plan and other specific plans pertaining to the areas identified in
Section 23-3A.
Upon approval of an application by the Design Review Board, the Planning
Director or his authorized representative shall stamp and sign three (3) sets of
plans. Two (2) sets of plans shall be returned to the applicant who may only then
submit an application for a building permit. The remaining approved plan shall
be part of the Board's official record and shall be maintained on file with the
Planning Department.
E. BUILDING PERMIT APPLICATION
The applicant or his authorized agent shall make application for a building
permit. The application shall include, at a minimum, the two (2) sets of plans
which were approved by the Design Review Board and stamped and signed by the
Planning Director or his authorized representative.
No building permit, certificate of occupancy, certification of completion, or
occupational license shall be issued unless all the plans, including amendments,
notes, revisions, or modifications, have been approved by the Planning Director.
Minor modifications to plans that have been approved by the Design Review
Board shall be permitted when approved by the Planning Director.
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The applicant shall ebtais a Site Play! Review applicaties and checklist fFem the
Cede ERfeFeement DepaFtmeRt which shall be Fespensible fof the eveFall
eeeFdisatieR and administFatien of the site plan Feview pFoeess. Once the
applicatien has bees submitted and deteFmiRed te be eemplete7 the Cede
EnfeFeemeRt DepaFtmeRt shall have up to fifteen 44 ) weFkisg days fFem the
date ef Feeeipt ef eempleted plass FeguiFed heFeiR feF cesdueting staff Feview
and FendeFing a deeisieR. 44 any Fevisiens and/eF medificatiens aFe seeessaFy to
gals appFeval of the site plan, the applicant shall submit a Fevised site plan
indicating a44 said Fevisions OF medificatiens, IR the event a Fe-submissieR of
plass is FeguiFed. 1) as additieRal five 454 weFkisg days may be FeguiFed by City
staff feF eempletisg the pFecessiRg of plass whish eemply with all eFiginal staff
FeeemmeRdatieRst 2) as additional fifteen 415) weFkiRg days may be FeguiFed by
City staff feF pFeeessiRg and Fe-analyzing plass which de set Fefleet the eFigiRal
FeeemmeRded FevisieRs and/eF medificatieRs. FailuFe te FeRdeF a decision within
the time limits speeificd heFeiRT pFevided all FeguiFed data has bees submitted by
the applicant as FeguiFed by the pFevisieRs ef this SeetieRT shall eeRstitute site
plan appFeval of such plass and speeificatiess. MoweveFT appFeval shall set
pFeempt the app 4€aRt=s FespeRsibil"ity to cemply with any and all zeRiRg and
buildiRg FeguiFemeRts of the City,. CeuRty and State.
No building permit shall be issued for any plan subject to site design plan review
except in conformance with the approved plans. PiRal Site Design Plan. The
applicant shall have up to one (1) year from the date of final site design plan
approval to obtain all necessary building permits required to proceed with
construction. If the applicant fails to obtain said building permit(s) within the
time period, all Staff and Design Review Board approvals shall be null and void
and the applicant shall be required to re-initiate the site design plan review
process; however, an extension for cause, not to exceed one (1) year, may be
granted by the Board.
An applicant may submit an application for a building permit simultaneously with
a site design plan review in order to expedite processing, however, no building
permit shall be issued until the Final Site Design Plan has been stamped and
signed by the Planning Director or his authorized representative by the Cede
€RfeFeemeRt Department in accordance with this SeetieR 2;-7 heFeiR Ordinance.
F. SPECIAL REVIEW PROCEDURE
For minor work associated with alterations and additions to existing buildings,
the Planning Director or his designated representative, upon the written
authorization of the Chairman of the Design Review Board, shall have the
authority to approve, approve with conditions or deny an application on behalf of
the Design Review Board. Appeal of the Planning Director's finding shall be to
the Board and scheduled at the next regular meeting date.
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