Ordinance 2000-3271 ORDINANCE NO. 2000-3271
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 114, ENTITLED "GENERAL PROVISIONS" BY
AMENDING SECTION 114-1 TO EXPAND THE DEFINITION OF A FULL
BUILDING PERMIT; PROVIDING FOR INCLUSION IN THE CITY CODE;
PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, projects approved by the City's Development Review Boards are subject to
Building Permit review; and
WHEREAS,the City Code sometimes requires that a property owner obtain a Full Building
Permit before such owner can commence other development activity, including demolition on the
owner's property; and
WHEREAS,the amendments set forth below are necessary to clarify the term Full Building
Permit in order to accomplish the above objectives.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 114, entitled "General Provisions", of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Section 114-1. Definitions.
Full building permit means the full and complete building permit allowing construction of the entire
project, and requiring submission of all plans required and approved by the design review board,the
historic preservation board,the planning board or the board of adjustment. A full building permit
shall not be merely a demolition,electrical, foundation,mechanical or plumbing permit or any other
partial permit that does not include all plans for the entire project as submitted, required and
approved by the design review board,the historic preservation board.the planning board or the board
of adjustment; except that projects which that have been approved for phased development by the
design review board. the historic preservation board,the planning board or the board of adjustment
may obtain a phased development permit instead of a full building permit.
SECTION 2. INCLUSION IN THE CITY CODE. 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 Code
of the City of Miami Beach 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 hereby 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 ten days following adoption.
PASSED and ADOPTED this 27th day of September , 2000.
MAYOR
ATTE T:
CITY CLERK
1st reading 9/13/00
2nd reading 9/27/00
=new language
Strikeout= deleted language
F:\PLAN\$ALL\DRAFT_OR\DEF-PRMT.WPD
17 July 2000
APPROVED AS TO
FORM& LANGUAGE
& FOR EXECUTION
-444-1441L- g-aV
City Attorney Dot
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. i2(9`°O
TO: Mayor Neisen O. Kasdin and Date: September 27,2000
Members of the City Commission
FROM Jorge M. Gonzalez jkl<
City Manager SECOND READING PUBLIC HEARING
SUBJECT: Ordinance- Definition of Full Building Permit
An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida,Amending the Land Development Regulations of the Code of the City
of Miami Beach,by Amending Chapter 114,Entitled "General Provisions" by
Amending Section 114-1 to Expand the Definition of a Full Building Permit;
Providing for Inclusion in the City Code; Providing for Repealer, Severability
and an Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission, upon second reading public hearing,
adopt the proposed amending Ordinance.
ANALYSIS
An application for an amendment to the Land Development Regulations of the City Code for
modifications to the Definitions section of the Code was sponsored by the Planning Board at the
request of Planning Department staff on April 25, 2000.
Due to the consolidation of the review authority of the Historic Preservation Board,and its new and
expanded responsibility with regard to certificates of appropriateness for new construction in
historic districts, the definition of the term Full Building Permit in the City Code needs to be
modified in a manner which is consistent with the new authority of the Board. In order to address
this, and to be consistent with the other development review boards, new language is proposed
which adds "the historic preservation board, the planning board and the board of adjustment"to
the list of development review boards for which the requirement of a Full Building Permit would
apply.
At its July 25,2000 meeting,the Planning Board voted 5-0 to recommend approval of the proposed
Ordinance. The Ordinance amendment was reviewed favorably by the Historic Preservation Board
on August 8, 2000.
AGENDA ITEM k `N
DATE 927oc
T:\AGENDA\2000\SEP2700\REGULAR\CM-DEFPR.WPD
Commission Memorandum
September 27, 2000
Ordinance -Definition of Full Building Permit
Page 2
The City Commission approved the proposed ordinance on first reading on September 13, 2000.
Based on the foregoing analysis,the Administration recommends that the Commission adopt, upon
second reading public hearing,the proposed amending ordinance to Chapter 114, Entitled "General
Provisions",Section 114-1,Entitled"Definitions"of the Land Development Regulations of the Code
of the City of Miami Beach.
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