Ordinance 2020-4383 .
Replacement of Floor Plates in Nonconforming Contributing Buildings
ORDINANCE NO. 2020-4383
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," BY
AMENDING ARTICLE IX, "NONCONFORMANCES," BY
AMENDING SECTION 118-395, ENTITLED "REPAIR AND/OR
REHABILITATION OF NONCONFORMING BUILDINGS AND
USES," TO AUTHORIZE THE HISTORIC PRESERVATION
BOARD TO APPROVE THE RECONSTRUCTION OF ORIGINAL
INTERIOR FLOOR PLATES IN CONTRIBUTING BUILDINGS ON
LOTS THAT ARE NON-CONFORMING AS TO FLOOR AREA
RATIO (FAR), SUBJECT TO CERTAIN SPECIFIED
CONDITIONS; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, from time to time, the City of Miami Beach (the "City") reviews and updates
the requirements of the Land Development Regulations as they pertain to nonconforming
structures; and
WHEREAS, the City has adopted regulations pertaining to the restoration and
improvement of existing contributing buildings that are nonconforming; and
WHEREAS, the City desires to refine, clarify, expand and enhance existing procedures
and requirements for improvements to existing contributing buildings that are non-conforming, in
order to ensure that a substantial portion of any such structure is retained and preserved; and
WHEREAS, this Ordinance permits the Historic Preservation Board to approve, subject to
the Certificate of Appropriateness criteria in Chapter 118, Article X of the City Code, the
reconstruction of original interior floor plates if such floor platess were removed prior to June 4,
1997; and
WHEREAS, City Charter Section 1.03(c) provides, in pertinent part, as follows:
The floor area ratio of any property or street end within the City of
Miami Beach shall not be increased by zoning,transfer,or any other
means from its current zoned floor area ratio as it exists on the date
of adoption of this Charter Amendment [November 7, 2001], . . .
unless any such increase in zoned floor area ratio for any such
property shall first be approved by a vote of the electors of the City
of Miami Beach; and
WHEREAS, to the extent that this Ordinance would permit the reconstruction of floor
plates on properties that are nonconforming as to FAR (i.e. properties that have no available
FAR), the adoption of this Ordinance is subject to the approval of the City's voters in a Citywide
referendum; 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. Chapter 118, Entitled "Administration and Review Procedures", Article IX, Entitled
"Nonconformances," of the Land Development Regulations of the Code of the City of Miami
Beach, Florida, is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
* *
ARTICLE IX. NONCONFORMANCES
* * *
Sec. 118-395. Repair and/or rehabilitation of nonconforming buildings and uses.
* * *
(b) Nonconforming buildings.
* * *
(3) As applicable to the restoration of a contributing building located within a designated local
historic district, the historic preservation board may, at its discretion and subject to the certificate
of appropriateness criteria in chapter 118, article X, of this Code, approve the reconstruction of
original interior floor plates in accordance with historical documentation and/or building permit
records if, prior to June 4, 1997, such floors were removed, even if the underlying lot is currently
non-conforming as to floor area ratio (FAR).
(a) (4) There shall be no variances from any of the provisions herein pertaining to maximum
floor area ratio and to parking credits.
(4) () Unless superseded by the provisions in chapter 142, article II, division 2, single-family
homes shall be treated the same as other buildings, in determining when an existing structures
lot coverage, height and setbacks may remain.
(5) I') Notwithstanding the foregoing, in the event of a catastrophic event, including, but not
limited to,fire, tornado, tropical storm, hurricane,or other act of God,which results in the complete
demolition of a building or damage to a building that exceeds 50 percent of the value of the
building as determined by the building official, such building may be reconstructed, repaired or
rehabilitated, and the structure's floor area, height, setbacks and any existing parking credits may
remain, if the conditions set forth in subsection (b)(1)a—d herein are met.
(6) 2) The foregoing regulations shall not apply to any building or structure located on city-
owned property or rights-of-way, or property owned by the Miami Beach Redevelopment Agency.
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(7)( Gasoline service stations.
a. Notwithstanding the foregoing provisions, a nonconforming gasoline service station
that provides a generator or other suitable equipment that will keep the station operational,
and which has been damaged, repaired or rehabilitated by more than 50 percent of the
value of the building as determined by the building official pursuant to the standards set
forth in the Florida Building Code may be repaired or rehabilitated, if the following
conditions are met:
1. The entire building and any new addition shall meet all requirements of the
city property maintenance standards, the applicable Florida Building Code and the
Life Safety Code.
2. The entire building and any new addition shall comply with the current
development regulations in the zoning district in which the property is located,
including, but not limited to all landscape requirements. New monument-style signs
shall be required. Pole signs shall be prohibited.
3. No new floor area may be added if the floor area ratio is presently at maximum
or exceeded.
b. Necessary repairs to add an emergency electrical generator and related facilities to
a nonconforming gasoline service station shall be permitted.
c. A nonconforming gasoline service station that provides a generator or other suitable
equipment that will keep the station operational, may add new floor area (other than floor •
area strictly necessary to house an emergency electrical generator and related facilities),
or convert existing floor area or land, to add new accessory uses, such as a convenience
sales area or a car wash, subject to conditional use approval, notwithstanding the
nonconforming status of the gasoline service station.
(8)() Single-family districts. Notwithstanding the above, the following provisions shall apply to
existing single-family structures in single-family districts:
a. Existing single-family structures that are nonconforming as to the provisions of
sections 142-105 and 142-106 may be repaired, renovated, or rehabilitated, regardless of
the cost of such repair, renovation, or rehabilitation, notwithstanding the provisions of this
article. Should such an existing structure constructed prior to October 1, 1971, be
completely destroyed due to fire, casualty, or other catastrophic event, through no fault of
the owner, such structure may be reconstructed regardless of the applicable requirements
in sections 142-105 and 142-106 that are in effect at the time of the destruction of the
structure.
b. Existing garages, carports, pergolas, cabanas, gazebos, guest/servant quarters,
decks, swimming pools, spas, tennis courts, sheds, and similar accessory structures may
be rebuilt consistent with existing non-conforming setbacks, unit size, and lot coverage, at
a higher elevation, in accordance with the following provisions:
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1. The yard elevation of the property shall be raised to a minimum of adjusted
grade;
2. The structure shall be re-built in the same location as originally constructed;
provided that the re-built structure has no less than a four-foot setback from all
property lines; and
3. The structure shall be rebuilt to be harmonious with the primary structure.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
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 re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
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.
IThis Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 7 day of . Cem h,( , 2020.
. ,a12-ze----__
Dan Gelber
ATTEST:—.31Mayor
i t_bvi2
Rafael E. Granado, City Clerk APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
----Q j---Ow4.• ----- /(17(2_p
City Attorney l 1�Date
First Reading: July 29, 20 0 ,v
Second Reading: Nov b: Dec;tuber I , 2020 s,,,,,
Verified By: `� I ':• , IISI:9R RORATED=
Thomas R. Moone ' AICP �• ''••. 1'
,,-y,4c,H 26,��
Planning Director
T:\Agenda\2020\07 July\Planning\Replacement of Floorplates in Contributing Buildings-First Reading ORD.docx
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Ordinances - R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 9, 2020
9:25 a.m. Second Reading Public Hearing
SUBJECT: REPLACEMENT OF FLOOR PLATES IN NONCONFORMING
CONTRIBUTING BUILDINGS
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," BYAMENDING ARTICLE IX, "NONCONFORMANCES," BY
AMENDING SECTION 118-395, ENTITLED "REPAIR AND/OR
REHABILITATION OF NONCONFORMING BUILDINGS AND USES," TO
AUTHORIZE THE HISTORIC PRESERVATION BOARD TO APPROVE THE
RECONSTRUCTION OF ORIGINAL INTERIOR FLOOR PLATES IN
CONTRIBUTING BUILDINGS ON LOTS THAT ARE NON-CONFORMING AS
TO FLOOR AREA RATIO (FAR), SUBJECT TO CERTAIN SPECIFIED
CONDITIONS; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITYANDAN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On July 17, 2019, the City Commission approved the following ballot question, which was
placed on the November 5, 2019 election ballot:
Ordinance authorizing new floor area within interior of historic buildings for adaptive reuse
Floor area ratio ("FAR') is the measure the City utilizes to regulate the overall size of a
building. Currently, new floor area cannot be added to the interior of historic buildings that
have no available floor area, unless the City's voters approve an FAR increase, pursuant to
Charter Section 1.03(c).
Shall City Commission adopt an Ordinance authorizing the use of new floor area within
historic buildings for the adaptive reuse of such buildings?
The ballot measure failed by a very narrow margin. Out of 9,380 votes cast for this particular
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ballot measure, 4,592 voted yes (49%)and 4,788 voted no (51%).
On June 24, 2020, at the request of Mayor Dan Gelber, the City Commission referred the
attached ordinance to the June 30, 2020 meeting of the Land Use and Sustainability Committee
(LUSC), as well as the Planning Board. On June 30, 2020, the LUSC recommended that the
Planning Board transmit the proposal to the City Commission with a favorable recommendation.
ANALYSIS
PLANNING ANALYSIS
The proposed referral pertains to an amendment to Chapter 118, Article IX of the LDR's that
would allow the historic preservation board to approve the reconstruction of original, interior floor
plates, as part of the restoration of a contributing building. For example, if a contributing building
that is legal non-conforming as to FAR sought to reconstruct original interior floors that were
previously removed, the HPB could allow for the reconstruction of those floors, as part of a
restoration project. This is not possible under the current regulations of the code.
The draft regulations would only apply to existing structures that are classified as 'contributing' in
the city's historic properties database, and which are located within a locally designated historic
district.Additionally, the reconstruction of the original floor plates would be subject to the review
and approval of the HPB and would only be allowable for interior floor plates removed prior to
June 4, 1997. The reason for establishing this particular date is so the applicability of the
provision would be limited to those floor plates removed prior to the date of approval of the first
charter amendment requiring voter approval of increases in FAR.
From a policy standpoint the administration is supportive of this proposal, as it will provide the
HPB with the ability to review and authorize the reconstruction of original interior floor plates in
nonconforming, contributing buildings. Although a similar ballot measure failed last November,
the administration believes that limiting this proposal to the reconstruction of original floors in
contributing buildings will make this proposal more acceptable. The previous ballot measure
included a much broader application, that would have allowed non-original floor plates to be
reconstructed. This likely contributed to the failure of the measure.
CITY CHARTER
In order to amend the Land Development Regulations of the City Code to allow an increase in
zoned floor area, pursuant to City Charter Section 1.03(c), approval of the City's voters is
required. The following is the language in Section 1.03(c):
The floor area ratio of any property or street end within the City of Miami Beach shall not be
increased by zoning, transfer, or any other means from its current zoned floor area ratio,
unless any such increase in zoned floor area ratio for any such property shall first be
approved by a vote of the electors of the City of Miami Beach.
An increase in zoned FAR includes, but is not limited to, modifications of the definition of floor
area, amendments to the exclusions of floor area and a direct increase in the FAR number. The
proposed ordinance required a ballot question as it would result in an increase in zoned FAR
"by zoning, transfer, or any other means" pursuant to City Charter Section 1.03(c).
PLANNING BOARD REVIEW
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On July 27, 2020 the Planning Board held a public hearing and transmitted the ordinance to the
City Commission with a favorable recommendation by a vote of 7-0.
UPDATE
On July 29, 2020, the City Commission approved the subject ordinance at first reading and
scheduled second reading for December 9, 2020, subject to voter approval of the proposed
FAR increase. Additionally, the City Commission adopted Resolution No. 2020-31351 to place
a ballot question on the City's November 3, 2020 ballot.
Pursuant to Resolution No. 2020-31351, the following ballot question was submitted to the
City's voters:
Ordinance authorizing reconstruction of original floor plates within interior of historic
buildings.
Floor area ratio ("FAR') is used by City to regulate the overall size of a building. Currently,
new floor area cannot be added to the interior of historic buildings that have no available
floor area, unless City's voters approve an FAR increase, under Charter Section 1.03(c).
Shall City adopt Ordinance authorizing reconstruction of original interior floor plates as part
of restoration of historic buildings, if such floor plates were removed prior to June 4, 1997?
On November 3, 2020, the ballot question was approved by 67 percent of the City's voters.
Therefore, the subject ordinance can be considered for adoption by the City Commission.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
D Form Approved ORD
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