2003-3416 OrdinanceTIMEFRAMES TO OBTAIN.4 BUILDING PERMIT
ORDINANCE NO. 2003-3416
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 118, "ADMINISTRATION
AND REVIEW PROCEDURES," ARTICLE IV, "CONDITIONAL USE
PROCEDURE," BY AMENDING SECTION 118-193 TO AMEND THE
REQUIRED TIME FRAME TO OBTAIN A BUILDING PERMIT AND THE
PROCEDURES FOR OBTAINING AN EXTENSION OF TIME; BY
AMENDING ARTICLE VI, "DESIGN REVIEW PROCEDURES," BY
AMENDING SECTION 118-258 TO AMEND THE REQUIRED TIMEFRAME
TO OBTAIN A BUILDING PERMIT AND THE PROCEDURES FOR
OBTAINING AN EXTENSION OF TIME; BY AMENDING ARTICLE VIII,
"PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS," BY
AMENDING SECTION 118-355 TO AMEND THE REQUIRED TIMEFRAME
TO OBTAIN A BUILDING PERMIT AND THE PROCEDURES FOR
OBTAINING AN EXTENSION OF TIME; BY AMENDING ARTICLE X,
"HISTORIC PRESERVATION", BY AMENDING SECTION 118-532 TO
AMEND THE REQUIRED TIMEFRAME TO OBTAIN A BUILDING
PERMIT AND THE PROCEDURES FOR OBTAINING AN EXTENSION OF
TIME; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly define the
requirements of the Land Development Regulations of the Code of the City of Miami Beach as they
pertain to the City's Development Review Boards; and
WHEREAS, the City of Miami Beach has adopted regulations pertaining to time limitations
to obtain a building permit for applications approved by the City's Development Review Boards;
and,
WHEREAS, The City of Miami Beach desires to refine, clarify, expand and enhance
existing procedures and requirements for obtaining a building permit, as well as an extension of time
to obtain a building permit; and,
WHEREAS, the amendments set forth below arc necessary to accomplish all of thc above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Chapter 118, Entitled "Administration and Review Procedures", Article IV,
Entitled "Conditional Use Procedure", of the Land Development Regulations of the Code of the City
of Miami Beach, Florida is hereby amended as follows:
Sec. 118-193. Applications for conditional uses.
(2) Time limitations.
a. An applicant shall have up to oae-yea~ eighteen (18) months, or such lesser time as may be
specified by the board, from the date of the board meeting at which a conditional use was granted to
obtain a full building permit, a Certificate of Occupancy, a Certificate of Use or a Certificate of
Completion, whichever occurs first. The foregoing eighteen (18) month o~-yeae time period, or
lesser time period, includes the time period during which an appeal of the decision of the planning
board may be filed. If the applicant fails to obtain a full building permit within oae-yea~ eighteen (18)
months, or such lesser time period as is specified, of the board meeting date at which a conditional
use was granted and/or construction does not commence and proceed in accordance with said permit
and the requirements of the Sc, utk applicable Florida Building Code, the conditional use shall be
deemed null and void. Extensions for good cause, not to exceed a total of one year for all extensions,
may be granted by the planning board, provided the applicant submits a request in writing to the
planning and zoning director in advance of the expiration of :uc~ the original approval, showing
good cause for such an extension. In the event a proposed code amendment renders a project with a
conditional use approval non-conforming, as more specifically set forth in sections 118-168 and
118-169 of this Code, then such a project shall not be eligible to receive an extension of time granted
by the planning board for any reason. Notwithstanding the foregoing, in the event the original
decision of the planning board, with respect to a conditional use request, is timely appealed, the
applicant shall have om~ye~ eighteen (18) months, or such lesser time as may be specified by the
board~ from the date of final resolution of all administrative and/or court proceedings to obtain a full
building permit, a Certificate of Occupancy, a Certificate of Use or a Certificate of Completion,
whichever occurs first. This tolling provision shall only be applicable to the original approval of the
board and shall not apply to any subsequent requests for revisions or requests for extensions of time.
SECTION 2. That Chapter 118, Entitled "Administration and Review Procedures", Article VI,
Entitled "Design Review Procedures", of the Land Development Regulations of the Code of the City
of Miami Beach, Florida is hereby amended as follows:
Sec. 118-258. Building permit application.
(c) No building permit, full building permit or phased development permit shall be issued for any
plan subject to design review except in conformity with the approved plans. The applicant shall have
up to mae-ye~ eighteen (18) months, or such lesser time as may be specified by the board, from the
date of the board meeting at which design review approval was granted to obtain a full building
permit or a phased development permit. The foregoing oae-ye~ eighteen (18) month time period
includes the 20-day time period during which an appeal of the decision of the design review board
may be filed. If the applicant fails to obtain a full building permit or a phased development permit
within mae-yea~ eighteen (18) months, or such lesser time as may be specified by the board, of the
board meeting date at which design review approval was granted, and/or construction does not
commence and proceed in accordance with said permit and the requirements of the Sc, utk applicable
Florida Building Code, all staff and board approvals shall be deemed null and void. Extensions for
good cause, not to exceed-a total of one year for all extensions, may he granted by the board, at its
sole discretion, provided the applicant submits a request in writing to the planning director in
advance of the expiration ofsuc~ the original approval, showing good cause for such an extension. In
the event a proposed code amendment renders a project with design review approval
non-conforming, as more specifically set forth in sections 118-168 and 118-169 of this Code, then
such a project shall not eligible to receive an extension of time granted by the design review board
for any reason. Notwithstanding the foregoing, in the event the original decision of the design review
board is timely appealed, or there is an appeal of an approval from the board of adjustment and/or the
planning board that is a requirement of the original decision of the design review board, and such
appeal is filed within twenty (20) days of the decision of the board of adjustment and/or the planning
board, the applicant shall have e, ne ycar eighteen (18) months, or such lesser time as may be
specified by the design review board, from the date of final resolution of all administrative and/or
court proceedings to obtain a full building permit or phased development permit. This tolling
provision shall only be applicable to the original approval of the board and shall not apply to any
subsequent requests for revisions or requests for extensions of time.
SECTION 3. That Chapter 118, Entitled "Administration and Review Procedures", Article VIII,
Entitled "Procedure for Variances and Administrative Appeals", of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 118-355. Variance time limits; decisions; establishment of parking impact fees.
(a) The board of adjustment may prescribe a reasonable time limit within which the action for
which the variance is required shall begin or be completed or both. The applicant shall have up to
one-ye~ eighteen (18) months, or such lesser time as may be specified by the board,-o-f-sueh-bssev
· ; ........ ~- ..... :"~ ~ ........ from the date of the board meeting at which a variance was
granted to obtain a full building permit. The foregoing o~-yeav eighteen (18) month time period, or
~ or such lesser time as may be specified by the board, includes the time period
during which an appeal of the decision of the board of adjustment may be filed. If the applicant fails
to obtain a full building permit within om~ye~ eighteen (18) months, or such lesser time as is
specified, of the board meeting date at which a variance was granted and/or construction does not
commence and proceed in accordance with such permit and the requirements of the E.~uth applicable
Florida Building Code, the variance shall be deemed null and void. Extensions for good cause, not to
exceed a total of one year for all extensions, may be granted by the board of adjustment, provided the
applicant submits a request in writing to the planning and zoning director in advance of the
expiration ofguch the original variance(s) showing good cause for such an extension. In the event a
proposed code amendment renders a project with a variance approval non-conforming, as more
specifically set forth in sections 118-168 and 118-169 of this Code, then such project shall not be
eligible to receive an extension of time granted by the board of adjustment for any reason.
Notwithstanding the foregoing, in the event the decision of the board of adjustment, with respect to a
the original variance request, is timely appealed, the applicant shall have c. ne year eighteen (18)
.months, or such lesser time as may be specified by the board, from the date of final resolution of all
administrative and/or court proceedings to obtain a full building permit. This tolling provision shall
only be applicable to the original approval of the board and shall not apply to any subsequent
requests for revisions or requests for extensions of time.
SECTION 4. That Chapter 118, Entitled "Administration and Review Procedures", Article X,
Entitled "Historic Preservation", of the Land Development Regulations of the Code of the City of
Miami Beach, Florida is hereby amended as follows:
Sec. 118-532. Proceedings before the historic preservation board.
(f) Timeframes to obtain a building permit. The applicant shall have up to o~te-yo~ eighteen (18)
months, or such lesser time as may be specified by the board, from the date of the board meeting at
which a certificate of appropriateness was issued to obtain a full building permit or a phased
development permit. The foregoing o~ae-ye~ eighteen (18) month time period, or such lesser time as
may be specified by the board, includes the time period during which an appeal of the decision of the
historic preservation board may be filed. If the applicant fails to obtain a full building permit or a
phased development permit within oa~je~ eighteen (18) months, or such lesser time as may be
specified by the board, of the board meeting date at which a certificate of appropriateness was
granted and/or construction does not commence and proceed in accordance with said permit and the
of the ......applicable-Florida Building Code, the certificate of appropriateness shall
requirements e ~..~,.
be deemed null and void. Extensions for good cause, not to exceed a total of one year for all
extensions, may be granted by the historic preservation board, at its sole discretion, provided the
applicant submits a request in writing to the planning department in advance of the expiration of
:'ach the original approval, setting forth good cause for such an extension. In the event a proposed
city code amendment renders a project with a certificate of appropriateness nonconforming, as more
specifically set forth in sections 118-168 and 118-169 of this Code, then such project shall not be
eligible to receive any extension of time granted by the historic preservation board. Notwithstanding
the foregoing, in the event the original decision of the historic preservation board is timely appealed,
or there is an appeal of an approval from the board of adjustment and/or the planning board that is a
requirement of the original decision of the historic preservation board, and such appeal is filed within
twenty (20) days of the decision of the board ofadiustment and/or the planning board, the applicant
shall have o~-yea~ eighteen (18) months, or such lesser time as may be specified by the historic
preservation board, from the date of final resolution of all administrative and/or court proceedings to
obtain a full building permit or phased development permit. This tolling provision shall only be
applicable to the ori~nal approval of the board and shall not apply to any subsequent requests for
revisions or requests for extensions of time.
Sec. 118-564. Decisions on certificates of appropriateness.
(t)
Certificate of appropriateness for demolition.
(11) The applicant shall have up to one-ye~ eighteen (18) months, or such lesser time as may be
specified by the board, from the date of the board meeting at which a certificate of
appropriateness for demolition was granted to obtain a full building permit or a phased
development permit. The foregoing one-ye~ eighteen (18) month time period or such lesser time
as may be specified by the board, includes the time period during which an appeal of the
decision of the historic preservation board may be filed. If the applicant fails to obtain a full
building permit or a phased development permit within one-ye~ eighteen (18) months, or such
lesser time as may be specified by the board, of the board meeting date at which a certificate of
appropriateness for demolition was granted and/or construction does not commence and proceed
in accordance with said permit and the requirements of the Sc. air applicable Florida Building
Code, the certificate of appropriateness for demolition shall be deemed null and void. Extensions
for good cause, not to exceed a total of one year for all extensions, may be granted by the historic
preservation board, at its sole discretion, provided the applicant submits a request in writing to
the planning department in advance of the expiration of :ach the original approval, setting forth
good cause for such an extension. In the event a proposed code amendment renders a project
with a certificate of appropriateness for demolition nonconforming, as more specifically set forth
in sections 118-168 and 118-169 of this Code, then such project shall not be eligible to receive
any extension of time granted by the historic preservation board. Notwithstanding the foregoing,
in the event the original decision of the historic preservation board with respect to a certificate of
appropriateness for demolition is timely appealed, or there is an appeal of an approval from the
board of adiustment and/or the planning board that is a requirement of the original decision of
the historic preservation board, and such appeal is filed within twenty (20) days of the decision
of the board of adiustment and/or the planning board, the applicant shall have one-yea~ eighteen
(18) months, or such lesser time as may be specified by the board, from the date of final
resolution of all administrative and/or court proceedings to obtain a full building permit. This
tolling provision ~hall only be applicable to the original approval of the board and shall not apply
to any subsequent requests for revisions or requests for extensions of time.
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 6. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 7. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this llth dayof June
., 2003.
First Reading: May 21, 2003
Sec°nd Reading:~..~une,~ 1 i' ~3.h. ,~,~ ~
Verified by: /'~] ~'/~ ~~
~;ge ~. G~mez, AI{P
hg Director
Und~score d~otes new l~age
06/12/2003
T:~GENDA~3~un1103~ula~TIMEF~MES-ORD,doc
APPROVED AS TO
FORM & LANGUAGE
/~//~F OR EXECUTION
· ~ity ~t[om~y~
Date
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
Timeframes to Obtain a Building Permit - Ordinance amendment revising the timeframes for obtaining a I
Building Permit for all projects approved by the City's Development Review Boards.
I
Issue:
The Administration is requesting that the Mayor and City Commission consider a proposed Ordinance
amendment revising the timeframes for obtaining a Building Permit for all projects approved by the City's
Development Review Boards. The proposed amendment will modify the standards for all of the City's
Development Review Boards as it pertains to timeframes to obtain building permits after initial development
review approval, as well as extensions of time to obtain Building Permits.
Item Summary/Recommendation:
IAdopt the Ordinance Amendment on Second Reading, with the modifications recommended by the I
Administration at First Reading.
I
Advisory Board Recommendation:
The Historic Preservation Board reviewed the proposed ordinance on September 10, 2002 and by the Design
Review board on September 17, 2002; both boards recommended its approval. The Land Use and
Development Committee reviewed the proposed Ordinance on April 21, 2003. On January 28, 2003 the
Planning Board voted to transmit the proposed Ordinance Amendment to the City Commission with a
favorable recommendation.
City Clerk's Office Legislative Tracking:
I Jorge Gomez / Tom Mooney
Financial Information:
Amount to be expended:
Source of
2,
Finance Dept. Totii
Sign-Offs:
De~[ D ~ct~ ASSiStant
T:~03~jun1103~r~ula~TIMEF~MES-sumr,doc
AGENDA ITEM ~ ~--
DATE ~ '//'- ~/.-~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.fl.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members Of The City Commission
Jorge M. Gonzalez
City Manager
Timeframes to Obtain a Building Permit
Date: June 11, 2003
SECOND READING
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 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE IV, "CONDITIONAL USE PROCEDURE," BY
AMENDING SECTION 118-193 TO AMEND THE REQUIRED TIME FRAME
TO OBTAIN A BUILDING PERMIT AND THE PROCEDURES FOR
OBTAINING AN EXTENSION OF TIME; BY AMENDING ARTICLE VI,
"DESIGN REVIEW PROCEDURES," BY AMENDING SECTION 118-258
TO AMEND THE REQUIRED TIMEFRAME TO OBTAIN A BUILDING
PERMIT AND THE PROCEDURES FOR OBTAINING AN EXTENSION OF
TIME; BY AMENDING ARTICLE VIII, "PROCEDURE FOR VARIANCES
AND ADMINISTRATIVE APPEALS," BY AMENDING SECTION 118-355
TO AMEND THE REQUIRED TIMEFRAME TO OBTAIN A BUILDING
PERMIT AND THE PROCEDURES FOR OBTAINING AN EXTENSION OF
TIME; BY AMENDING ARTICLE X, "HISTORIC PRESERVATION", BY
AMENDING SECTION 118-532 TO AMEND THE REQUIRED TIMEFRAME
TO OBTAIN A BUILDING PERMIT AND THE PROCEDURES FOR
OBTAINING AN EXTENSION OF TIME; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance on Second Reading.
ANALYSIS
Currently, all development projects approved by the City's development review boards
(Planning Board, Board of Adjustment, Historic Preservation Board and Design Review
Board) must receive a Full Building Permit within one (1) year of approval. A maximum
Extension of Time to obtain a Full Building Permit of one (1) additional year may be
granted, for cause, at the discretion of the applicable development review board.
June 11, 2003
Commission Memorandum
Ordinance - Timeframes to Obtain a Building Permit
Page 2 of 3
The requirement that a Building Permit be obtained within one year of the original approval is
proving to be too difficult a task, even for medium size development projects. With financing
requirements that must be met, as well as lengthy reviews at the time of permit, most medium
- large size projects are being forced to obtain a one (1) year extension of time.
In some instances, even two (2) years is not proving to be enough time as the financial
markets have caused a disruption in the ability to finance new construction and redevelopment
projects. In order to address this ongoing issue, the Planning Department has drafted
revisions to the Planning Board, Design Review Board, Board of Adjustment and Historic
Preservation Board sections of the City Code, to provide more flexibility in the requirements for
obtaining a Building Permit. The following is a summary of the proposed changes, as
approved by the Planning Board:
· Allow the timeframe to obtain a Building Permit after development approval is granted
to be eighteen (18) months, or such lesser time as may be specified by the relevant
Board, from the date of approval; currently applicants have one (1) year from the date
of approval.
· Allow for requests for extensions of time to be submitted after the expiration of the
original approval, but no later than eight (8) months from the expiration date of the
original approval, upon the additional showing of excusable neglect; currently all
requests for extensions of time must be submitted prior to the expiration of the original
approval. Any time elapsed from the expiration date is included in the extension
granted.
· Clarify that only appeals of the original decision of the applicable Development Review
Board may toll the timeframes to obtain a Building Permit.
The Historic Preservation Board reviewed the proposed ordinance on September 10, 2002 and
by the Design Review board on September 17, 2002; both boards recommended its approval.
The Land Use and Development Committee reviewed the proposed Ordinance on April 21,
2003. On January 28, 2003 the Planning Board voted to transmit the proposed Ordinance
Amendment to the City Commission with a favorable recommendation.
The Administration had some concerns with the section of the ordinance amendment
pertaining to requests for extensions of time being submitted after the expiration of the original
approval. At First Reading on May 21,2003, the City Commission agreed with the position of
the Administration in this regard, and adopted the Ordinance subject to the proposed text
containing references to "making application within 8 months of the expiration", as well as
showing "excusable neglect", being removed from the proposed ordinance. The Ordinance
has been modified, leaving in the existing provision requiring an applicant to submit a request
for an extension of time prior to the expiration of the original approval.
June 11, 2003
Commission Memorandum
Ordinance - Timeframes to Obtain a Building Permit
Page 3 of 3
CONCLUSION:
The Administration recommends that the Mayor and City Commission adopt the proposed
Ordinance Amendment, as modified, on second reading.
Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall be
necessary in order to enact any amendments to the Land Development Regulations.
J M G/C~;~C/J~G/TRM
T:~AGENDA~2003\jun1103\regular~TIM EFRAMES-M EMO.doc
CITY OF MiAMi BEACH
NOTICE OF PUBLIC HEARINGS
FROM 7..30 AJA. TO 7:30 P.M. Ix)'wib
Itlt~6Lnc l
9~d} VGdOORS IN 11tE - N
nv ~, ~IJ~TICLE V1 1HBO-OF ENTITLED. "I~OCi, IRD~gT, BY. MENDING DIV1SION 3
Inquirbs nay I~ directed to the Procurement OepaJtment at (305) 673-7490
:~ M ~ MENDING THE TN, lO DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING ClWq'ER 118, "AJ~INISTRATION AND REVIEW PROCEDURES,"
'." kliTiCLE X, .HISTORIC PRESI~'VA'TION," DMSiON 4. 'DESIGNATION," BY ,AMENDING SECTION 118'
' 561 TO EST~ REQUIREMENTS,AND PROCURES ,~CIFIC TO 11~E INOMIXIAJ. DESIGNATION
OF SINGLE FAMILY HOMES, BY AMENDING SECTION 118-593 TO CLARIFY THE DEVELOPMENT
~ ~ iv, :~O~DtTHW:. USE mOCmJRE,' BY ~ sp:nON :':8-':9~ TO :meld THE
i[.QUiRED TIME FRkq~ TO OBT~N A BUILDING PEJ~gT AN~ THE PROCEDURES FOR OBTAJNING AN
6ECllON t18-258 TO AMENI) THE REQUIRED'T1MEFRME TO OBTNN A BUll. DING PERMIT AND THE
~ FOR OBi'AJNmG AN EX'TENSiON oF'nME: BY ~6 Am'K~',A,, 'PROCED~E
I~-.QUIREO TIMG:RAME TO OBTAJN A Bt. ALDING PERWT AND THE PROCEDURES FOR OBTAINING AN
EXTENSION OF TIME', BY AMENDING AR11CLE X, "HISTORIC PRESERVkllON", BY AMENOliG SECTION
118-532 TO MENI) THE REQUIRED 11MEFIIAME TO OBTAIN A BUILDING PER)AlT AND 11'E
I:ROC~IXJRES FOR OBTNNING AN EX11~iSION OF tiME.; PROVIDING [-.OR REI:F..ALER, CO01FICATION,
SEIARABgJIY~D · ~ OA~ ·
eoq~ Iheir views in wdling ad~,~:~ed to the Ci'e/Cemmlsm°n, c~°
C~men~3n Center Ddve, 1st Floor, ~ H~I, Miami Beach, Florida 33139. This m~ng may be
. · .: Robert ~.Parcher, ~ ~elk