Ordinance 94-2927 ORDINANCE NO. 94-2927
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 ;
AMENDING SECTION 13 , ENTITLED "NONCONFORMING
STRUCTURES AND USES" , AMENDING SUBSECTION 13-
5, ENTITLED "DESTRUCTION OR RENOVATION OF
NONCONFORMING BUILDINGS AND USES" BY
CLARIFYING THE REGULATIONS PERTAINING TO USE,
REPAIR AND REHABILITATION OF NONCONFORMING
USES AND NONCONFORMING BUILDINGS, AND BY
MAKING REGULATIONS PERTAINING TO REPAIR AND
REHABILITATION OF NONCONFORMING BUILDINGS
WHICH ARE HISTORIC STRUCTURES, ALSO APPLICABLE
TO CONTRIBUTING AND HISTORICALLY SIGNIFICANT
BUILDINGS; PROVIDING FOR INCLUSION IN THE
ZONING ORDINANCE; PROVIDING FOR A REPEALER;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach wishes to encourage
development by allowing the renovation of buildings City-
Wide; and,
WHEREAS, the University of Miami, in consultation with
the City of Miami Beach, held a design symposium which helped
refine the proposed amendments regarding renovation; and,
WHEREAS, the amendments set forth herein are necessary to
the welfare of the residents of the City of Miami Beach,
Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subsection 13-5, entitled "Destruction or
Renovation of Nonconforming Buildings and Uses" of Zoning Ordinance
No. 89-2665, is hereby amended as follows:
13-5 DESTRUCTION, REPAIR AND/OR RENOVATION OF NONCONFORMING
BUILDINGS AND USES.
A. NONCONFORMING USES
If a Building which contains a Nonconforming Use is
damaged, repaired or renovated at a cost exceeding 50% of
the Value Determination of the Building as determined by
the Building Official pursuant to the standards set forth
in the South Florida Building Code, it shall not be
thereafter used except in conformity with the Use
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. .42_- 7
TO: Mayor Seymour Gelber and DATE: May 4, 1994
Members of the City Commission
FROM: Roger M. Canto
City Manager
SUBJECT: SECOND READING - ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665; AMENDING
SECTION 13, ENTITLED "NONCONFORMING STRUCTURES AND USES",
AMENDING SUBSECTION 13-5, ENTITLED "DESTRUCTION OR
RENOVATION OF NONCONFORMING BUILDINGS AND USES" BY
CLARIFYING THE REGULATIONS FOR NONCONFORMING USES AND
NONCONFORMING BUILDINGS; PROVIDING FOR INCLUSION IN THE
ZONING ORDINANCE; PROVIDING FOR A REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
RECOMMENDATION
The City Administration recommends approval of the attached
ordinance regarding non-conforming structures. The ordinance would
extend to the entire City the new language on non-conforming
structures as recently approved as part of the South Pointe
Redevelopment Area Zoning package. It also introduces new language
to address revised classifications in the proposed Historic
Preservation Ordinance, including "contributing" and "historically
significant. "
BACKGROUND
The City Administration had previously identified the need to
encourage rehabilitation of existing structures within the
Performance Standards Districts. Accordingly, the South Pointe
amendment package which received final approval from the City
Commission on February 16, 1994, addressed this need.
Part of that amendment proposal included changes to the current
regulations regarding non-conforming buildings and uses. Although
the proposed changes were meant to be made City-wide, the amendment
notice to the public had only included a map of the South Pointe
Redevelopment Area. As such, Planning staff and the Legal
Department concluded that this portion of the amendment should be
re-advertised to make it clear that its provisions are applicable
City-wide and to avoid any legal challenge based on public notice
requirements.
The City Administration is therefore requesting that the attached
alternate Amendments to Section 13 of the Zoning Ordinance be
considered again as it applies to the City as a whole and with new
language to address the amended Historic Preservation Ordinance.
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1 AGENDA
ITEM
The Planning Board voted 7-0 at its March 22, 1994 to recommend
approval of this ordinance. The City Commission, at its meeting of
april 20, 1994, voted 5-0 to adopt the ordinance on first reading.
ANALYSIS
The attached Ordinances identify the proposed amended Sub-Sections
of the Zoning Ordinance. The underlined portions are those that
would be added to the existing ordinance and the struck through
portions are those that would be deleted. To assist in the review
of the proposed amendments, the following provides a brief
explanation of each item:
Sub-Section General Title Pages Explanation
13-5 Destruction, Repair and/ 2 Adds 'Repair'
or Renovation of Non to Subsection
Conforming Buildings title.
and Uses
13-5A Nonconforming Uses 2 New text
clarifies 50%
Rule
determination
for non-
conforming uses
and their
continuation
and their
termination.
(Grandfather
clause)
13-5B. 1 Nonconforming Buildings 2, 3 New text for
construction
work less than
50% of the
value
determined by
the Building
Official,
Citywide;
clarification
on historic
structures to
be consistent
with proposed
new Historic
Preservation
Ordinance.
2
213
13-5B.2 Nonconforming Buildings 3 New text for
construction
work exceeding
50% of the
value
determination
for historic
and nonhistoric
structures;
clarification
on historic
structures to
be consistent
with proposed
new Historic
Preservation
Ordinance.
13-5 Nonconforming Buildings 3,4 Deletes old
and Uses text addressed
above.
13-5C Nonconforming Buildings 4 Clarifies
regulations for
buildings cited
by the Dade
County Unsafe
Structures
Board.
CONCLUSION
The Administration has concluded that the Commission should adopt
on second reading this amendment to Zoning Ordinance No. 89-2665.
c:\ml\WP50\CM\1178CMEM.94
3 2' 4
Regulations in the applicable Zoning District contained
in this Ordinance and all rights as a Nonconforming Use
are terminated.
B. NONCONFORMING BUILDINGS
1. Nonconforming Buildings which are damaged, repaired
or rehabilitated by LESS THAN FIFTY (50%) PERCENT
OF THE VALUE 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
following conditions are met:
a. Renovated or repaired units shall meet the
minimum Floor Area 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
it' s current use.
c. Such repairs or reconstruction in the damaged
or repaired portion of the Building shall meet
the requirements of the Miami Beach Property
Maintenance Standards, the South Florida
Building Code, Fire Prevention and Safety
Code, and if a Historic Structure,
Contributing or Historically Significant
Building , shall comply substantially with the
Secretary of Interior Standards for
Rehabilitation and Guidelines for
Rehabilitating Historic Structures, U.S.
Department of the Interior(1983) and as
amended.
2 . Nonconforming Buildings which are damaged, repaired
or rehabilitated by MORE THAN FIFTY (50%) PERCENT
OF THE VALUE DETERMINATION of the Building as
determined by the Building Official pursuant to the
standards set forth in the South Florida Building
Code, it may be repaired or rehabilitated if the
following conditions are met:
a. Historic Structures , Contributing ,
Historically Significant Buildings:
1) . All Residential Units shall meet the
minimum and average unit sizes for
rehabilitated buildings as set forth in
the Zoning District in which the property
is located.
2) . The existing structure ' s Floor Area,
Height, and Setbacks may remain, but any
new addition or alteration must comply
with the current development regulations
in the Zoning District in which the
property is located.
3) . All parking regulations pursuant to
Section 7 of the Zoning Ordinance.
4) . The Building shall meet all requirements
(as amended) in the following: South
2
Florida Building Code, State Fire
Marshall ' s Rules and Regulations, Fire
Prevention and Safety Code, the Miami
Beach Property Maintenance Standards and
shall comply substantially with the
Secretary of Interior Standards for
Rehabilitation and Guidelines for
Rehabilitating Historic Structures, U.S.
Department of the Interior (1983) and as
amended.
b. Non Historic Structures
1) . All Residential Units shall meet the
minimum and average unit sizes for new
construction as set forth in the Zoning
District in which the property is
located.
2) . The Building must meet all development
regulations (lot size, lot width,
setbacks, height, open space, etc. ) as
set forth in the Zoning District in which
the property is located, except for the
Floor Area Ratio which may remain as is
if it currently exceeds the maximum FAR
allowed in the Zoning District. No new
floor area may be added if the maximum
FAR is presently exceeded.
3) . The Building shall receive no parking
credits and must pay a parking impact fee
or provide the required parking on site
or within 1200 feet of the subject
property.
4) . The Building shall meet all requirements
(as amended) in the following: South
Florida Building Code, State Fire
Marshall 's Rules and Regulations, Fire
Prevention and Safety Code and the Miami
Beach Property Maintenance Standards.
A. Except as provided in paragraph B herein, if a Non—
extent of more than fifty (50%) percent of the Value
it shall not be restored except in conformity with the
a Nonconforming Building or Usc arc terminated.
B. A Nonconforming Building may be repaired regardless of
- - has been vaunt or to the extent it
is damaged at a cost exceeding 50% of the Value
Official as set forth in the South Florida Building Code
1. The Building is a Historic Building as determined
by the Planning and Zoning Department. A Building
Permit shall not be issued until the Planning and
.. - - - - - - - ' - -for a Historic Building pursuant to the Design
Review Board procedures and which shall also
- - - - - - -
as set forth in Section 19 3 of this Ordinance.
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2 . The Building shall mcct all requirements (as
amended) in the following: South Florida Building
Property Maintenance Standards and shall comply
substantially with the Secretary of Interior
Rehabilitating Historic Structures, U.S. Department
of the Interior (1983) and as amended.
3 . The total number of units shall not exceed those
which arc listed on the Building Card, and each
Hotel or Apartment Unit shall meet the Floor Area
requirements set forth in Section 6 of this
- - - - - - -
1 . The parking requirements for an Apartment Building
or Commercial Uses may be satisfied by the Usc of
the Parking Impact Fee Program as set forth in
of that Section. The required parking for such
Uses shall be determined by using the arking
Credit system as set forth in Section 7 8 . Parking
credits are- not applicable when any Usc is
converted into Hotel Units.
- - - _ ' sions arc not applicable in those
cases where multiple permits in one calendar year
the work exceeds 50% of the value determination of
the property or for properties which arc located in
a Redevelopment Arca or in Structures which are
under a Demolition order from the Dade County
C. If a Building is damaged or rehabilitated by less than
fifty (50%) percent the Value Determination of a Building
as determined by the Building Official as set forth in
_ . : ' - _ -•e, it may be rcpaircd and
- - . -struction arc completed within
Certificate of Usc, Certificate of Completion,
Certificate of Occupancy or Occupational License
has been issued by the City;
2 . Such repairs or reconstruction in the damaged
thc South Florida Building Codc, Firc Prevention
and Safety Codc, and if a Historic Structure, shall
comply substantially with the Secretary of Interior
Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Structures, U.S. Department
3 . Damaged and subsequently rcpaircd units shall meet
the Floor Area requirements as set forth for the
district in which the Property is located.
C. If a Nonconforming Building has been cited by the Dade
County Unsafe Structures Board, the owners shall bring
the Structure into conformity with applicable codes
within the time period specified by said Board. With
regard to multiple Family residential Buildings, all of
the units shall meet the Floor Area requirements as set
forth in Section 13-5,B. above. 6 of this Ordinance for
- - - a ; - . = = D . - . If the Building is not
brought into compliance within said time period, the
4
Building shall not again be used except in compliance
with all the regulations of this Ordinance.
E. Nonconforming Buildings and Uses in the Performance
Standard (PS) Districts shall conform to Section 20-3 ,C
of this Ordinance in addition to the rcgulationa
contained in Section 13 .
SECTION 2 . INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 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. That all Ordinances or parts of
Ordinances in conflict herewith be and the same are herewith
repealed.
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 on
the 14th day of May , 1994 .
PASSED and ADOPTED this 4th d. ! of M.
1994 .
A
Pr V MA'•.
ATTEST:
CITY CLERK
Underline = new language
Strike out = deleted language
DJG/MHF/DISK #4/1178AORD.94
APRIL 27, 1994
1st reading: 4/20/94
2nd reading: 5/4/94
FORM APPROVED
LEGAL DEPT.
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