Loading...
RESOLUTION 89-19664 RESOLUTION NO. 89-19664 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING A PROCEDURE FOR RETENTION OF ILLEGALLY SUBDIVIDED UNITS, UNDERSIZED UNITS OR ILLEGALLY INSTALLED KITCHENS AND REPEALING RESOLUTION NO. 87-18939 . WHEREAS, the City Commission of the City of Miami Beach has been aware and concerned that a policy concerning illegally subdivided units, units containing less than the required 400 sq. ft. of space, and units with illegally installed kitchens, should be established; and WHEREAS, the City Commission desires to allow property owners an opportunity to legally establish non-conforming units while encouraging continued positive growth in the City, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA adopts the procedure attached hereto for retention of illegally subdivided units, undersized units or illegally installed kitchens and repeals Resolution No. 87-18989 . PASSED and ADOPTED this 12th day of July , 1989 . OR ATTEST: CITY CLERK FORM APPROVED: 731ir LEGAL DEPARTMENT DATE: (07 HD/MML 7/17/89 A: \PROCEDR2 .RES PROCEDURE FOR RETENTION OF ILLEGALLY SUBDIVIDED UNITS, UNDERSIZED UNITS OR ILLEGALLY INSTALLED KITCHENS The following procedure is only applicable to zoning violation notices for buildings or structures which contain units which are illegally subdivided, units which have illegally installed kitchens and units which are below the minimum size established by the City. Units shall be defined, pursuant to City of Miami Beach Zoning Ordinance 1891 as amended, as Dwelling Units or Sleeping Units. A. OPTIONS Upon receiving a zoning violation notice relating to units which are illegally subdivided, units which have illegally installed kitchens and units which are below the minimum size established by the City along with a copy of this procedure in the form attached as Exhibit "A" , the property owner shall appear before the Code Enforcement Board at its next regularly scheduled hearing and state which of the following actions the owner will take. If the owner fails to appear before the Code Enforcement Board at its next regularly scheduled hearing, prosecution of the violations shall start immediately. The owner may either: 1) come into compliance with the parking, density and floor area regulations of the Zoning Ordinance with regard to these units and obtain a new Certificate of Occupancy, if necessary, within six (6) months from the date of the zoning violation notice, or 2) conform to the building or structure' s approved floor plan on record with the City's Building Department, or 3) establish these units as legally non-conforming by: a) paying a $100 processing fee per building or structure in violation to the Planning and Zoning Department, and b) by bringing the building into compliance with the following codes and requirements within six (6) months of the date of the zoning violation notice: i. Owner must show affirmative proof that the building was purchased prior to September 30, 1987 . ii. City of Miami Beach Zoning Ordinance 1891 as amended, with the exception of the density, parking and floor area regulations (owner must comply with all other Zoning Ordinance regulations) . 1 If the building is a Historic Structure as defined by the City of Miami Beach Zoning Ordinance 1891 as amended, exterior improvements (paint, windows, doors, architectural detailing) shall substantially meet the design criteria as listed in the Secretary of Interior' s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S . Department of the Interior (Revised 1983) and as amended. (Compliance with this requirement is to be determined by the Planning and Zoning Department. ) iii. South Florida Building Code iv. Fire Prevention and Safety Code adopted pursuant to the Code of the City of Miami Beach Ch. 14 , Sec. 14-1 and 14-2 (1988) as amended. v. Code of the City of Miami Beach Ch. 17A, Rental Housing and Ch. 17B, Property Maintenance Standards. vi. Owner must have paid and met all requirements with regard to permit and license fees. vii. Owner must have no outstanding City liens on the property in question. If the property owner does not comply with all of the above within six (6) months of the date of the zoning violation notice, the owner will be prosecuted before the Code Enforcement Board for the existing violations. B. CITY ADMINISTRATION PROCEDURES: The Code Enforcement Department will provide a monthly listing of all properties cited with the zoning violations in question to the affected departments. Each of the affected department heads shall send a written report in the form attached as Exhibit "B" to the Planning and Zoning Director regarding the status of the building. The report shall be sent to the Planning and Zoning Department upon compliance with the applicable code or requirement, or six (6) months from the date of the zoning violation notice in question, whichever occurs first. The departments required to send a written report are as follows: 1. Fire Department 2 . Code Enforcement Division 3 . Building Department 4 . Planning and Zoning Department 5. Finance Department, Revenue Division, Lien Section 2 Upon receipt by the Planning and Zoning Department from all affected departments that there are no existing violations on the subject property the Planning and Zoning Department will notify the Building Official to correct the building card so that the illegally non-conforming units will now be legally non-conforming. C. STRUCTURES WHICH ARE NOT ELIGIBLE TO USE THIS PROCEDURE 1. Buildings which are subject to Dade County Unsafe Structures Board Orders are not eligible to retain illegally non- conforming units under option #3 . 2 . Units with less than 200 sq. ft. per unit are not eligible to be retained under option #3 . 3 . If compliance with this procedure would require the owner to make improvements totalling 50% or more of the Dade County tax assessed value of the building, the owner will not be permitted to retain the illegally non-conforming units pursuant to option #3 . D. SUBSEQUENT RENOVATIONS GREATER THAN 50% OF VALUE OF STRUCTURE OR REPLACEMENT VALUE If a building comes into compliance pursuant to option #3 and subsequently the owner makes renovations of 50% or more of the Dade County tax assessed value of the building or 50% or more of the replacement value of the building, the owner must bring the building into compliance with the density, parking and floor area regulations of the City of Miami Beach Zoning Ordinance and will not be able to retain the legally non-conforming units. HD/mml 6/5/89 REF:HD/PROCEDU2 .HD 3 OPTIONS FOR PROPERTY OWNER WHO HAS RECEIVED A ZONING VIOLATION NOTICE FOR ILLEGALLY SUBDIVIDED UNITS, ILLEGALLY INSTALLED KITCHENS AND/OR UNITS WHICH ARE BELOW STANDARD Upon receiving a zoning violation notice relating to units which are illegally subdivided, units which have illegally installed kitchens and/or units which are below the minimum size established by the City the property owner shall appear before the Code Enforcement Board at its next regularly scheduled hearing and state which of the following actions the owner will take. The owner may either: 1) come into compliance with the parking, density and floor area regulations of the Zoning Ordinance with regard to these units and obtain a new Certificate of Occupancy, if necessary, within six (6) months from the date of the zoning violation notice, or 2) conform to the building or structure ' s approved floor plan on record with the City ' s Building Department, or 3) establish these units as legally non-conforming by: a) paying a $100 processing fee per building or structure in violation to the Planning and Zoning Department, and b) by bringing the building into compliance with the following codes and requirements within six (6) months of the date of the zoning violation notice: i. Owner must show affirmative proof that the building was purchased prior to September 30, 1987 . ii. City of Miami Beach Zoning Ordinance 1891, as amended, with the exception of the density, parking and floor area regulations (owner must comply with all other Zoning Ordinance regulations) . If the building is a Historic Structure as defined by the City of Miami Beach Zoning Ordinance 1981, as amended, exterior improvements (paint, windows, doors, architectural detailing) shall substantially meet the design criteria as listed in the Secretary of Interior' s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior (Revised 1983) and as amended. (Compliance with this requirement is to be determined by the Planning and Zoning Department. ) iii. South Florida Building Code iv. Fire Prevention and Safety Code adopted pursuant to the Code of the City of Miami Beach Ch. 14 , Art. VIII Sec. 14 (1964) as amended. v. Code of the City of Miami Beach Ch. 17A, Rental Housing and Ch. 17B, Property Maintenance Standards. 1 • vi . Owner must have paid and met all requirements with regard to permit and license fees. vii. Owner must have no outstanding City liens on the property in question. If the property owner does not comply with all of the above within six (6) months of the date of the zoning violation notice, the owner will be prosecuted before the Code Enforcement Board for the existing violations. STRUCTURES WHICH ARE NOT ELIGIBLE TO USE THIS PROCEDURE 1. Buildings which are subject to Dade County Unsafe Structures Board Orders are not eligible to retain illegally non- conforming units under option #3 . 2 . Units with less than 200 sq. ft. per unit are not eligible to be retained under option #3 . 3 . If compliance with this procedure would require the owner to make improvements totalling 50% or more of the Dade County tax assessed value of the building or 50% or more of the replacement value of the building, the owner will not be permitted to retain the illegally non-conforming units pursuant option #3 . SUBSEQUENT RENOVATIONS GREATER THAN 50% OF VALUE OF STRUCTURE If a building comes into compliance pursuant to this procedure and subsequently the owner makes renovations of 50% or more of the Dade County tax assessed value of the building or 50% or more of the replacement value of the building, the owner must bring the building into compliance with the density, parking and floor area regulations of the City of Miami Beach Zoning Ordinance and will not be able to retain the legally non-conforming units. H D/mm l 6/5/89 REF:HD/STRUCTUR.A 2 REPORT ON STATUS OF STRUCTURE CITED WITH ZONING VIOLATION NOTICES) FOR ILLEGALLY SUBDIVIDED UNITS, UNDERSIZED UNITS OR ILLEGALLY INSTALLED KITCHENS Department: Date: Street Address and Legal Description of Cited Property: Date of Applicable Notice of Zoning Violation: In compliance with applicable code? If answer above is "no" , what code sections is the structure in violation of? Owner of structure met all requirements with regard to permit and license fees? If answer above is "no" , what must owner do to meet requirements? Any outstanding City of Miami Beach liens on the property? If answer above is "yes" please specify. DEPARTMENT DIRECTOR EXHIBIT "B" OFFICE OF THE CITY ATTORNEY 64 94 Am. evead F L O R I D A ARNOLD M. WEINER :*tINcoaP �D #" � - P.O. BOX 0 CITY ATTORNEY MIAMI BEACH, FLORIDA 33119- .._ ``��.H _- • TELEPHONE (305)673-7470 TELECOPY (305)673-7002 COMMISSION MEMORANDUM NO. i-, TO: Mayor Alex Daoud and DATE: July 12 , 1989 Members of the City Commission Rob W. Parkins, City Manager FROM: Arnold M. Weiner rtiviA) City Attorney RE: A Resolution creating a procedure for retention of illegally subdivided units, undersized units or illegally installed kitchens During the past four (4) months the Fire Department, Building Department, Planning & Zoning Department, Code Enforcement Department and the Legal Department have met to revise the procedure for retention of illegally subdivided units, undersized units or illegally installed kitchens. All of the above departments have had input into and approved the attached revised procedure for retention of these units. This procedure will allow the owners of properties with these types of zoning violations three (3) options to proceed under with a total of six (6) months within which to act. The procedure also sets out streamlined guidelines for all departments. HD/mml 1. AGENDA _ ITEM DATE -" 1700 CONVENTION CENTER DRIVE— FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139 ORIGINAL RESOLUTION NO. 89-19664 Adopting a procedure for retention of illegally subdivided units, undersized units or illegally installed kitchens and repealing Resolution No. 87-18939. • 4 -, _ 3 •