Ordinance 96-3049 ORDINANCE NO. 96-3049
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665, BY AMENDING SECTION 11 ENTITLED
"GUIDELINES FOR THE PAINTING OF EXTERIOR SURFACES OF
BUILDINGS AND STRUCTURES" BY AMENDING THE TITLE TO INCLUDE
THE WORD COLOR, BY CLARIFYING THE PURPOSE SECTION TO
INCLUDE COURTYARDS ACCESSIBLE TO THE PUBLIC; BY AMENDING
THE APPLICABILITY SECTION BY REMOVING THE EXCEPTION FOR
SINGLE FAMILY HOMES, BY CLARIFYING THE REGULATIONS FOR
GLASS SURFACES AND FOR NATURAL OR MANUFACTURED
MATERIALS AND SUBJECTING CERTAIN ROOF TILES AND FINISHES TO
THESE REGULATIONS; BY AMENDING AND CLARIFYING THE COLOR
SELECTION PROCEDURES AND REVIEW CRITERIA IDENTIFYING THE
MIAMI BEACH EXTERIOR COLOR REVIEW CHART, ESTABLISHING
COMPONENTS OF THE COLOR CHART, AND ESTABLISHING COLORS
FOR PITCHED ROOF TILES AND FINISHES, PROHIBITING NEON OR
IRIDESCENT COLORS, AND BY AMENDING AND CLARIFYING THE
PERMIT AND PAINT OR MATERIAL APPROVAL PROCESS, AND BY
AMENDING THE REVIEW CRITERIA;AMENDING THE APPEAL PROCESS
BY DESIGNATING THE DESIGN REVIEW BOARD OR JOINT DESIGN
REVIEW/HISTORIC PRESERVATION BOARD, IF THE STRUCTURE IS
WITHIN A LOCALLY DESIGNATED HISTORIC PRESERVATION DISTRICT,
AS THE BOARD TO WHICH AN APPLICANT MAY APPEAL A DECISION OF
THE PLANNING, DESIGN AND HISTORIC PRESERVATION DIVISION
REGARDING PAINT AND MATERIAL COLOR SELECTION; AND BY
AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT
REGULATIONS" AMENDING SUBSECTION 6-1, ENTITLED "RS-1, RS-2,
RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS" BY REQUIRING
SINGLE FAMILY HOMES TO CONFORM TO THE PROVISIONS OF SECTION
11 OF ZONING ORDINANCE 89-2665 WITH RESPECT TO EXTERIOR
FACADE PAINT AND MATERIAL COLORS; PROVIDING FOR INCLUSION
IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, The City of Miami Beach wishes to enhance the unique architectural
environment of Miami Beach; and
WHEREAS, The City of Miami Beach wishes to maintain the design integrity of
architecture throughout the City by accenting with color and not detracting from the architectural
features by overwhelming use of color; and,
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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 Section 11, entitled "Guidelines for the Painting of Exterior Surfaces of
Buildings and Structures" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is
hereby amended as follows:
SECTION 11
GUIDELINES FOR THE PAINTING AND COLOR OF EXTERIOR SURFACES OF
BUILDINGS AND STRUCTURES
11-1 PURPOSE
A. The purpose of this Section is to enhance the tropical unique architectural
environment of Miami Beach by establishing guidelines for the choice of primary
paint—colors for the Exterior surfaces of Buildings and Structures, including
courtyards accessible to the public.
11-2 APPLICABILITY EXEMPTIONS AND PROI IIBITIONS
A. The painting of all public and private Development,including,but not limited to,the
paintingof new Buildings, Structures,Additions or Aalterations and the repainting
of existing Buildings and Structures, shall be subject to these regulations with the
exception of single Family homcs and Structures which utilize glass in a manncr that
- : -- : .' :•-: and shallbe reviewed under the
Design Review procedures as set forth in Section 18 of this Zoning Ordinance..
B. Rc leetive-guess The reflectance,tinting and coloration of glass on the east-anti-west
elevations of a Building or Structure shall be subject to these regulations and shall
be reviewed maunder the Design Review procedures as set forth in Section 18 of this
Zoning Ordinance.
C. The color of unpainted natural or manufactured materials applied to the Exterior
facade of Buildings or Structures shall be subject to these regulations and shall be
reviewed under the Design Review procedures as set forth in Section 18 of this
Zoning Ordinance.
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D. The color of roof tiles or roof finishes shall be subject to these regulations and shall
be reviewed under the Design Review procedures as set forth in Section 18 of this
Zoning Ordinance.
11-3 COLOR SELECTION PROCEDURES AND REVIEW CRITERIA
A. The Miami Beach Facade Review Color Exterior Color Review Chart (Color Chart)
1. The Color Chart, as amended and dated July 17, 1996, This chart shall be
available in the Planning, Design and Historic Preservation Division and is
hereby approved and, by this reference, incorporated into this Ordinance.
Building Department and the Historic Preservation and Urban Design
Department. An Applicant for a building permit for paint or the application
of a Building surface material permit shall select a color of equal or lesser
intensity than a color intensity from the Color Cehart and must provide a
paint chip or dry sample sufficient to indicate that the specified paint or color
of building surface material to be used matches a color shown on the Miami
Beach Facade Review Color Exterior Color Review Chart or is a color which
is lighter in shade intensity than any other color on the Color Chart.
2. The Miami Beach Exterior Color Review Chart shall consist of the following
components:
a. City Wide Color Intensities - These intensities shall be applicable to
all Structures, except for Contributing Structures, Buildings,
Improvements in locally designated Historic Districts and Historic
Sites.
b. Historic District Color Intensities - These intensities shall be
applicable to Contributing Structures, Buildings and Improvements
in locally designated Historic Districts and to Historic Sites.
c. Mediterranean Revival Architecture Colors - These colors are
applicable only to Mediterranean Revival Architecture Buildings and
Structures and are limited to natural earth tones as represented by
examples on the Color Chart.
For purposes of this subsection Mediterranean Revival Architecture
shall be defined as those structures built between 1915 through 1940.
This style is generally characterized by, but not limited to, stucco
walls, low pitch terra cotta or historic Cuban tile roofs, arches,
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scrolled or tile capped parapet walls and articulated door surrounds,
or Spanish baroque decorative motifs and classical elements.
3. Colors commonly described with terms such as neon, fluorescent, day-glo,
iridescent and similar terms shall not be permitted to be applied to the
Exterior surface of any Structure unless said color has been approved by the
Design Review Board or Joint Design Review/Historic Preservation Board,
as applicable.
4. Colors for roof tiles and pitched roof finishes shall be limited to terra cotta,
white or natural earth tones,unless an alternative color has been approved by
the Design Review Board or Joint Design Review/Historic Preservation
Board, as applicable.
B. Paint Permit Required
1. A Building or Structure shall not be painted or have applied a natural or
manufactured material as an Exterior facade without first receiving a
Building permit or paint permit pursuant to the requirements of the South
Florida Building Code. No Building or Structure shall be painted or have a
material applied to the Exterior facade, except in a paint color or material
approved pursuant to the provisions of this Subsection 11-3,B. No roof tile
or roof finish shall be installed or applied on a pitched roof except in a color
or finish which complies with the regulations of Subsection 11-3,A.4.
2. Permits for repainting of existing Structures,painting of new Structures or
applying a natural or manufactured material to an Exterior facade, shall not
be issued until either: 1) the Applicant selects a color from the Facade
Rcvicw Color Color Chart and submits the color a sample of the color for
review and approval by the Planning, Design and Historic Preservation
Division by completion of a paint approval application, or 2) has a specific
color(s),not represented in the Color Chart, approved by the Design Review
Board or Joint Design Review/Historic Preservation Board Btti44iftg
■ - •- - . .._ .. . - - - - - - ■--•_ _ ■•._. . -
-. -: •• -;•- '; - ; : : - ; •- -- -; ; -- -- •; -. Upon approval of the color
sample,the paint chip or art dry sample shall be indicatcd attached to en-the
Building paint or material painting permit and on the Building Card paint or
material approval application. The color sample shall be attached to the
paint or material approval application and retained by the
Planning,Design and Historic Preservation Division Btriltling-Derartmerit for
future reference.
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3. Permits for pitched roofs shall not be issued until the applicant submits a
sample of the color or finish for review and approval by the Planning, Design
and Historic Preservation Division. The approved color or finish sample
shall be attached to the permit and a color sample shall be retained by
Planning, Design and Historic Preservation Division for future reference.
4.3- If the Building or Structure to be painted, or surfaced with a natural or
manufactured material,requires a permit or approval in addition to a paint or
material approval from a Board or the Planning, Design and Historic
Preservation Division, Ilistoric Preservation and Urban Design Director's
approval7 the Applicant may submit an application for a Building
Permit or Board approval simultaneously with an application for paint or
material color approval. However, a Certificate of Occupancy, Certificate of
Completion,or Certificate of Use,whichever is requested earlier, shall not be
issued until the Planning, Design and Historic Preservation Division 14istorie
Preservation and Urban Design Dircctor or Design Review or Joint Design
Review / Historic Preservation Board, as applicable,
approves the painting-color selection.
5.4- With the exception of Buildings that arc subject to the review of a Board that
has jurisdiction over the Exterior painting of a Structure, the The Planning,
Design and Historic Preservation Division Ilistoric Preservation and Urban
Design Director shall have the authority to approve or deny the color
selection based upon the criteria as set forth in Section 11-3,C below. For
projects being reviewed under Criteria 2 and 3 in Section 11-3,C,the I listorie
Preservation and Urban Design Director shall consult with the Chairman of
thc intent of the Ordinance. The criteria listed in Section 11-3,C may shali
be utilized for projects being reviewed by a-the Design Review or Joint
Design Review/Historic Preservation Board, as applicable.
C. Review Criteria
1. At least 70% 75% of the Exterior of each wall of a Building or Structure
shall be painted in a color of equal or less intensity than one of the colors
which is within the range of colors on the Miami Beach Facade Review Color
Exterior Color Review Chart.
2. Colors-intensities greater than those which arc not represented on the Miami
Beach Facade Review Color Exterior Color Review Chart may be utilized
only for purposes of emphasizing trim and accenting architectural features
elements of a Structure and shall not exceed 30% of each wall area.
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Buildings, which have a particular architectural feature, may have a
combination of colors making up 75%of the Exterior; however, each color
3.4. Colors intensities listed in Ntieighborhood studies or pPlans or, to the extent
applicable, listed in exterior design guidelines adopted which have been
approved by the City Commission may be used, in the neighborhoods or
areas defined in said plans or guidelines, in lieu of those specified in the
Miami Beach Exterior Color Review Chart
4. Colors selected shall be appropriate to the architectural style, ornamentation.,
massing and scale of the Structure.
5. For purposes of color review, the percentage of a Building's or Structure's
wall shall be exclusive of glass areas.
11-4 APPEAL
A. An Applicant may appeal a decision made by the Planning, Design and Historic
Preservation Division regarding these regulations, including those related to single
family homes., to the Design Review Board, except in the case of single family
homes located in a Historic Preservation District or listed as a Historic Site, said
appeal shall be to the Historic Preservation Board. If the Building or Structure is not
a single family home and is located within a locally designated Historic Preservation
District or is listed as a Historic Site, said appeal shall be to the Joint Design Review/
Historic Preservation Board.B . The appeal shall be filed with the
Historic Preservation and Urban Design Director within 30
days of the date of the decision. The basis of the appeal is whether the Planning,
Design&Historic Preservation Division acted arbitrarily or capriciously in reaching
its decision. Appeal of a Design Review Board decision shall be made pursuant to
procedures as set forth in Section 18 of this Zoning Ordinance above. Appeal of a
Joint Design Review/Historic Preservation Board or Historic Preservation Board
decision shall be made pursuant to procedures as set forth in Section 19 of this
Zoning Ordinance.
SECTION 2. That Subsection 6-1, entitled "RS-1, RS-2, RS-3, RS-4 Single Family Residential
Districts" of Section 6,entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of
the City of Miami Beach, Florida is hereby amended as follows:
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6-1 RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS.
* * *
B. Development Regulations
1. New construction, alterations or additions to existing Structures shall be subject to
review for consistency with the criteria listed below regarding the appearance and
compatibility of the proposed construction with the Site and the surrounding
properties:
a. The construction of an addition shall be architecturally appropriate to the
original design and scale of the Building;the Structure may be architecturally
redesigned, but in a manner which is consistent in design and material
throughout.
b. Exterior bars on entryways, doors and windows shall be prohibited on front
and side elevations which face a Street or right-of-way.
c. At least 20% of the front yard area shall be sodded or landscaped pervious
Open Space; with the exception of driveways and paths leading to the
Building,paving may not extend any closer than five (5) feet to the front of
the Building.
d. The painting of 75% of a Building or Structurc shall bc in onc of thc colons
on thc Miami Beach Facadc Review Color Chart or a lighter shads of onc of
thc colors on thc Color Chart; colors not on thc Color Chart may bc utilized
only for purposcs of emphasizing architectural elements of a Building.
Conformance with the requirements of Section 11 of this Ordinance with
respect to Exterior facade paint and material colors.
SECTION 3. 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 4. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
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SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the 27th day of
July , 1996.
PASSED and ADOPTED this 17th day of July , 1996.
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`J ' MAYOR
ATTEST:
0 Lta 194A 4#0A,
CITY CLERK
Underlined=new language
Strikcout=deleted language
Shaded=revised language
1st Reading 5/15/96
2nd reading 7/17/96
July 9,1996
F:APLAN\SALLVDRAFT_ORWICITYCOMVCOLORF.B
DJG/JGG/MIH
FORM APPROVED
LEGAL DE T
By
Date
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 35S-9 t
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: July 17, 1996
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: An Ordinance of e Mayor and City Commission of the City of Miami Beach,
Florida, Amending Comprehensive Zoning Ordinance No. 89-2665, by
Amending Section 11 Entitled "Guidelines for the Painting of Exterior Surfaces
of Buildings and Structures" by Amending the Title to Include the Word Color,
by Clarifying the Purpose Section to Include Courtyards Accessible to the
Public; by Amending the Applicability Section by Removing the Exception for
Single Family Homes, by Clarifying the Regulations for Glass Surfaces and for
Natural or Manufactured Materials and Subjecting Pitched Roof Tiles and
Finishes to these Regulations; by Amending and Clarifying the Color Selection
Procedures and Review Criteria Identifying the Miami Beach Exterior Color
Review Chart,Establishing Components of the Color Chart, Prohibiting Neon
or Iridescent Colors and Establishing Colors for Roof Tiles and Finishes, and
by Amending and Clarifying the Permit and Paint or Material Approval
Process,and by Amending the Review Criteria; Amending the Appeal Process
by Designating the Design Review Board or Joint Design Review/Historic
Preservation Board, if the Structure Is Within a Locally Designated Historic
Preservation District, as the Board to Which an Applicant May Appeal a
Decision of the Planning,Design and Historic Preservation Division Regarding
Paint and Material Color Selection; and by Amending Section 6, Entitled
"Schedule of District Regulations" Amending Subsection 6-1, Entitled "RS-1,
RS-2, RS-3, RS-4 Single Family Residential Districts" by Requiring Single
Family Homes to Conform to the Provisions of Section 11 of Zoning Ordinance
89-2665 with Respect to Exterior Facade Paint and Material Colors; Providing
for Inclusion in the Zoning Ordinance; Providing for Repealer,Severability and
an Effective Date.
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AGENDA ITEM
DATE —1— 1-7-9
RECOMMENDATION
The Administration recommends that the City Commission adopt on second reading this amendment
regarding the Guidelines for the Painting and Color of Exterior Surfaces of Buildings and Structures
within Zoning Ordinance No. 89-2665.
BACKGROUND
The Planning,Design and Historic Preservation Division staff,through the Planning Board and input
from the Historic Preservation Board and the Design Review Board has requested amendments to
the Guidelines for the Painting and Color of Exterior Surfaces of Buildings and Structures section
of the Zoning Ordinance. The proposed amendments clarify the permit procedures and review
criteria for the color and application of materials to exterior building surfaces by creating a new
Miami Beach Exterior Color Review Chart based on color intensities. These changes address deeper
color intensities citywide,appropriate colors for Mediterranean Revival Buildings and specific color
intensities for the South Pointe Redevelopment Area as provided for in the Portofino Agreement.
On April 23, 1996 the Planning Board held a public hearing and voted (5-0) in favor of
recommending adoption of the amending ordinance, with a proposed minor modification to the
South Pointe Color Intensities by removing four colors (Nos. 243, 075, 1319 and 1669) from the
Color Chart. The Board also added language to the amendment clarifying the scope of the
Ordinance relating to roof colors.
On May 1, 1996, the City Commission deferred this matter at the request of the Administration.
On May 15, 1996, the City Commission adopted on first reading, with some modifications, the
attached Ordinance (the revised language as modified by the City Commission appears as shaded
text). The modifications exempted Contributing Structures within the South Pointe Redevelopment
Area from the South Pointe Color Intensities; instead said structures shall be subject to the City
Wide Color Intensities or the Mediterranean Revival Colors, as applicable. The Commission also
removed the four colors from the South Pointe Color Intensities as recommended by the Planning
Board.
On June 5, 1996, the City Commission opened the second public hearing and requested the City
Attorney to issue an opinion on whether or not the City is obligated to approve that part of the
amending Ordinance which prescribes South Pointe Color Intensities and percentages,pursuant to
the Portofino Development Agreement. As such, the Commission kept the hearing open and
continued it to today in anticipation of the City Attorney rendering an opinion.
On June 19, 1996, the City Commission continued the second reading of the ordinance to the
Commission meeting of July 17, 1996. The Commission requested the Ordinance be amended to
include a uniform city wide color palette. This would incorporate the proposed City Wide and South
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Pointe color intensities into a new City Wide color palette for all structures. A second component
of the color chart would deal with lighter color intensities for historic and contributing buildings in
Historic Districts and a third component would be for Mediterranean Revival Buildings, of muted
earth tones, as previously proposed.
ANALYSIS
What follows is a section by section analysis of the proposed amending ordinance, incorporating
changes resulting from the Commission's direction.
Section 1.
This section of the proposed amendment clarifies the guidelines for the painting and color of exterior
surfaces of buildings and structures, applicability of the regulations, color selection procedures,
review criteria and the appeal process.
The title of Section 11 of Zoning Ordinance 89-2665, GUIDELINES FOR THE PAINTING AND
COLOR OF EXTERIOR SURFACES OF BUILDINGS AND STRUCTURES would be expanded
to include the color of exterior surfaces of buildings and structures, including interior outdoor
courtyards accessible to the public. The proposed new Color Chart would be applicable to all
buildings and structures within the City, including single family dwellings. The review of
reflectance,tinting and coloration of glass for all elevations is clarified to be regulated by the Design
Review process. The Applicability Section is also expanded to include the color of roof tiles and
roof finishes.
New language regarding the color of exterior unpainted natural or manufactured applications to
exterior surfaces is proposed to be introduced into the Code. Specifically,the new language would
read as follows:
"The color of unpainted natural or manufactured materials applied to the Exterior
facade of Buildings or Structures shall be reviewed under the Design Review
procedures as set forth in Section 18 of this Zoning Ordinance."
The title of the Miami Beach Facade Review Color Chart would be amended to read as the Miami
Beach Exterior Color Review Chart(Color Chart)and would be comprised of three(3)components.
The new language for the three new components of the Color Chart would read as follows:
"The Miami Beach Exterior Color Review Chart shall consist of the following
components:
a. City Wide Color Intensities - These intensities shall be applicable to
all Structures, except for Contributing Structures, Buildings,
Improvements in locally designated Historic Districts and Historic
Sites.
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b. Historic District Colors - These intensities shall be applicable to
Contributing Structures, Buildings, Improvements in locally
designated Historic Districts and Historic Sites.
c. Mediterranean Revival Architecture Colors - These colors are
applicable only to Mediterranean Revival Architecture Buildings and
Structures and are limited to natural earth tones as represented by
examples on the Color Chart.
For purposes of this subsection Mediterranean Revival Architecture
shall be defined as those structures built between 1915 through 1940.
This style is generally characterized by, but not limited to, stucco
walls, low pitch terra cotta or historic Cuban tile roofs, arches,
scrolled or tile capped parapet walls and articulated door surrounds,
Spanish baroque decorative motifs and classical elements."
As shown above,the first component of the chart would create a "City Wide Color Intensities" that
would be applicable to all structures on a citywide basis except for Contributing Structures,
Buildings, Improvements in locally designated Historic Districts and Historic Sites. The term
'structures' as defined within the current Zoning Ordinance, includes anything constructed or erected
of a permanent nature. The term includes buildings (main and accessory), walls, fences, signs and
screen enclosures.
It should be noted that the color palette recommended for the City Wide Color Intensities is that
which was originally designated only for the South Pointe area. These color intensities were
referenced and made part of the recently approved Development Agreement with Portofino,wherein
the City has agreed to consider an amendment to the Zoning Ordinance which would allow greater
color intensities. It is important to add that the:review criteria of the ordinance has been further
amended to state that the colors selected for a structure shall be appropriate to the architectural style,
ornamentation, massing and scale of the structure. Because of this additional design review control
the Administration believes that it is acceptable to utilize the South Pointe colors city wide. Staff
will be able to deny a color selection on the basis that it is not appropriate to the architecture of the
building, even if it meets the color intensity prescribed by the Code.
The second component of the chart would create a"Historic District Color Intensities" that would
apply to all Contributing Structures, Buildings and Improvements in locally designated Historic
Districts and to Historic Sites. The color intensities within this component are depicted on the newly
created Color Chart and are somewhat less intense than those for the rest of the City. The original
proposal did not differentiate between new construction and contributing buildings with the
exception of Mediterranean revival buildings. The City Commission stated that they wished to have
a lighter color palette for contributing structures. These intensities had been originally proposed for
the city wide color palette and are more intense than the existing Color Chart. This palette will
allow for more flexibility than the existing chart but would not be quite as intense as the colors for
non-contributing structures.
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The proposed third component of the chart "Mediterranean Revival Architecture Colors," would
apply only to buildings and structures that were constructed in this architectural style between the
years of 1915 through 1940.This component would be added to the new Color Chart to address this
unique architectural style by allowing limited natural earth tones on the exteriors of these structures.
Structures built in this architectural style after 1940, would not be permitted to utilize this
component of the Color Chart, except with an approval from the appropriate Board.
New language has also been introduced into the Zoning Code regarding the prohibition of colors that
are neon, fluorescent, day-glo, iridescent or other similar terms unless these exterior applications
have been approved by the Design Review Board or Joint Design Review/Historic Preservation
Board, as applicable. These prohibitions,combined with the ability to deny a color selection on the •
basis of it being inappropriate to the architecture of the building,provide the City with the necessary
criteria to ensure that buildings are painted or clad in a manner which is aesthetically attractive and
with a degree of good taste.
The proposed Ordinance creates standards for the color of roof tiles and pitched roof finishes. These
colors would be limited to terra cotta, white or natural earth tones, unless an alternative color has
been approved by the Design Review Board or Joint Design Review/Historic Preservation Board
as applicable.
The amending ordinance clarifies when a Permit is required and the approval process for the review
of applications.
Specifically:
"No Building or Structure shall be painted or have a material
applied to the Exterior facade, except in a paint color or
material approved pursuant to the provisions of this
Subsection 11-3,B. No roof tile or roof finish shall be
installed or applied except in a color or finish which complies
with the regulations of Subsection 11-3,A.4."
Currently,this section of the Zoning Ordinance refers only to compliance with the requirements of
the South Florida Building Code.
The proposed amendment would clarify the review criteria for exterior paint color or exterior
application of materials and would provide new language to conform with the Portofino
Development Agreement. Citywide (including the South Pointe Area), at least 70%of the Exterior
of each wall of a Building or Structure shall be in a color, or in a color that is of a lesser intensity
than one of the colors on the Miami Beach Exterior Color Review Chart. (Note: each wall is limited
to percentages of base and accent colors, whereas the present ordinance does not distinguish these
areas).
Color intensities greater than those represented on the Miami Beach Exterior Color Review Chart
may be utilized only for purposes of emphasizing trim and accenting architectural features of a
Structure and shall not exceed 30% of each wall area.
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Color intensities listed in Neighborhood Plans or exterior design guidelines,to the extent applicable,
and which have been approved by the City Commission,may be used in the neighborhoods or areas
defined in said plans, in lieu of those specified in the Miami Beach Exterior Color Review Chart.
For purposes of paint color review, the percentage of a Building's or Structure's wall shall be
exclusive of glass areas, since these areas would be reviewed separately.
The last portion of Section 1 amends the Appeal process regarding the above regulations. Appeal
of a decision made by the Planning, Design & Historic Preservation Division (Administrative
Decision)would no longer be made to the(Zoning)Board of Adjustment. The amendment provides
for appeal of a decision made by the Planning,Design and Historic Preservation Division regarding
these regulations, including those related to single family homes, to the Design Review Board.
However, when a single family home is located within a historic district or is listed as a historic
building or site, said appeal would be to the Historic Preservation Board.
If the Building or Structure, except single family, is located within a locally designated Historic
Preservation District, said appeal would be to the Joint Design Review/Historic Preservation Board.
The appeal would be filed with the Historic Preservation and Urban Design Director (currently this
position is held by the Deputy Director of the Development, Design & Historic Preservation
Services) within 30 days of the date of the decision. An appeal of such a Joint Design
Review/Historic Preservation Board decision on color would be made pursuant to procedures as set
forth in Section 19 of the Zoning Ordinance.
Section 2 of the amendment would require that all buildings and structures within the Single Family
Residential Districts conform with the requirements of Section 11, as amended, of the Zoning
Ordinance with respect to exterior facade paint and material colors.
The last sections of the amendment provide for inclusion in the Zoning Ordinance, repealer,
severability and an effective date.
CONCLUSION
Based on the above, the Administration has concluded that the City Commission should adopt on
second reading the amending ordinance regarding Section 11 of Zoning Ordinance No. 89-2665 to
be retitled, "Guidelines for the Painting and Color of Exterior Surfaces of Buildings and Structures"
as was modified and approved by the Commission on first reading. We believe that the amending
ordinance, as now proposed, addresses the issues of providing a standard for the coloration of
buildings on a City wide basis and giving special emphasis to historic sites and contributing
buildings within historic districts, as well as older Mediterranean Revival buildings throughout
Miami Beach.
.96JGP/HM/DJG
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