Ordinance 2024-4608 Administrative Review of Accessory Dwelling Units in Historic Districts
ORDINANCE NO: 2024-4608
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY
CODE, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION AND
REVIEW PROCEDURES," ARTICLE XIII, ENTITLED "HISTORIC
PRESERVATION," SECTION 2.13.7, ENTITLED "ISSUANCE OF A
CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION," BY
AMENDING SUB-SECTION 2.13.7.C., ENTITLED "REVIEW PROCEDURE,"
TO ESTABLISH AN ADMINISTRATIVE REVIEW PROCESS FOR
ACCESSORY DWELLING UNITS; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Land Use and Housing Elements of the Miami Beach Comprehensive
Plan include policies to incentivize the development and retention of workforce and affordable
housing; and
WHEREAS, the City of Miami Beach (the"City")finds that there is a shortage of affordable
rentals within the City limits; and
WHEREAS, an"accessory dwelling unit"is an independent living quarter that is accessory
to a single-family detached dwelling; and
WHEREAS, the City of Miami Beach finds that allowing accessory dwelling units in single-
family residential areas, subject to certain specified conditions, provides additional housing
opportunities, including workforce and affordable housing, while providing an extra source of •
income to homeowners; and
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 2 of the Miami Beach Resiliency Code, entitled "Administration and Review
Procedures," Article XIII, entitled "Historic Preservation", Section 2.13.7, entitled "Issuance of a
Certificate of Appropriateness/Certificate to Dig/Certificate of Appropriateness for Demolition," at
subsection c. entitled "Review Procedures" is hereby amended as follows:
CHAPTER 2
ADMINISTRATION AND REVIEW PROCEDURES
* * *
ARTICLE XIII — HISTORIC PRESERVATION
*
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2.13.7 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION
c. Review procedure.
* *
iv. Notwithstanding subsections 2.13.7(c)(i) through (iii) above, all applications for
certificates of appropriateness involving minor repairs, demolition, alterations and
improvements (as defined below and by additional design guidelines to be adopted by
the board in consultation with the planning director) shall be reviewed by the staff of the
board. The staff shall approve, approve with conditions, or deny a certificate of
appropriateness or a certificate to dig after the date of receipt of a completed application.
For purposes of this paragraph, the application requirement of certificate of
appropriateness review shall be satisfied by the submission of a corresponding building
permit application, or such other permit application form required by the planning
department. Such minor repairs, alterations and improvements include the following:
1. Ground level additions to existing structures, not to exceed two stories in height, which
are not substantially visible from the public right-of-way (excluding rear alleys), any
waterfront or public parks, provided such ground level additions do not require the
demolition or alteration of architecturally significant portions of a building or structure. For
those lots under 5,000 square feet,the floor area of the proposed addition may not exceed
30 percent of the floor area of the existing structure or primary lot, whichever is less, with
a maximum total floor area not to exceed 1,500 square feet. For those lots between 5,000
square feet and 10,000 square feet, the floor area of the proposed addition may not
exceed 20 percent of the floor area of the existing structure or primary lot, whichever is
less, with a maximum total floor area not to exceed 2,000 square feet. For those lots
greater than 10,000 square feet, the floor area of the proposed addition may not exceed
10 percent of the floor area of the existing structure or primary lot, whichever is less, with
a maximum total floor area not to exceed 5,000 square feet.
2. Replacement of windows, doors, storefront frames and windows, or the approval of
awnings, canopies, exterior surface colors, storm shutters and signs.
3. Facade and building restorations, recommended by staff, which are consistent with
historic documentation, provided the degree of demolition proposed is not substantial or
significant and does not require the demolition or alteration of architecturally significant
portions of a building or structure.
4. Minor demolition and alterations to address accessibility, life safety, mechanical and other
applicable code requirements, provided the degree of demolition proposed is not
substantial or significant and does not require the demolition or alteration of architecturally
significant portions of a building or structure.
5. Minor demolition and alterations to rear and secondary facades to accommodate utilities,
refuse disposal and storage, provided the degree of demolition proposed is not substantial
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or significant and does not require the demolition or alteration of architecturally significant
portions of a building or structure.
6. Accessory Dwellinq___Units__(ADU) within_ singlefamily zoning districts provided the-
proposed ADU does not require the demolition or alteration of architecturally significant
portions of a building or structure.
SECTION 2. 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 re-lettered to
accomplish such intention, and the word "ordinance" may be changed to "section," "article," or
other appropriate word.
SECTION 3. REPEALER.
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 ten days following adoption.
PASSED and ADOPTED this 3 day of ,4P►-,tI , 0/00,14.
Steven Meiner, Mayor
.._., ,/
ATTES77 / APR882024
Rafael E. Granado
City Clerk
APPROVED AS TO FORM AND
LANGUAGE & FOR EXECUTION
Sponsored by Commissioner Alex J. Fernandez
Co-Sponsored by Commissioner Laura Dominguez V r '—31 — a-3
Co-Sponsored by Commissioner Tanya K.Bhatt City Attorney Date
Co-Sponsored by Commissioner Joseph Ma zinc ��
Co-Sponsored by C ,missioner Davi Suer z
Verified by: r
Tho as R. Moon y, ICP i IINCORPTO:TED'
Planning Director t=
T:\Agenda\2023\7-September 2023\Planning Administrative Review of ADU in Historic Districts:First Reading ORD.docx
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Ordinances-R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: April 3, 2024
10:20 a.m. Second Reading Public Hearing
SUBJECT:ADMINISTRATIVE REVIEW OF ACCESSORY DWELLING UNITS IN
HISTORIC DISTRICTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
RESILIENCY CODE, BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE XIII,
ENTITLED "HISTORIC PRESERVATION," SECTION 2.13.7, ENTITLED
"ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS/CERTIFICATE
TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION," BY
AMENDING SUB-SECTION 2.13.7.C., ENTITLED "REVIEW PROCEDURE,
"TO ESTABLISH AN ADMINISTRATIVE REVIEW PROCESS FOR
ACCESSORY DWELLING UNITS; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND/HISTORY
On February 22, 2023, at the request of Commissioner Ricky Arriola, the City Commission
referred a discussion item regarding accessory dwelling units (ADUs) in the Palm View area
(C4 D) to the Land Use and Sustainability Committee (LUSC). On May 10, 2023, the LUSC
recommended that the City Commission refer an ordinance regarding ADUs in the Palm View
area to the Planning Board.
The LUSC also recommended that the City Commission refer a separate ordinance to the
Planning Board to allow for administrative review of ADUs in local historic districts. On June 28,
2023, the City Commission referred the proposed ordinance regarding administrative review of
ADUs to the Planning Board (Item C4 K).
Subsequent to the item being referred to the Planning Board, Commissioner Alex Fernandez
became a co-sponsor of the proposal.
ANALYSIS
ADUs are small living units that have their own kitchen and bathroom facilities and are on the
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same property as a single-family home. They are often rented out to provide a family with extra
income or made available to a relative looking for additional privacy. Such units can either be
attached or detached from the home, and they are sometimes referred to as granny flats,
cottage houses, or secondary dwelling units. It was popular to include such units as part of
single-family homes in the early 20th century, including within Miami Beach. However, ADUs fell
into disfavor after World War II when development patterns shifted to a more suburban style,
and many cities began to prohibit them.
With rising housing costs in urban areas, many cities are reintroducing the ability to build ADUs
in single family areas. This is intended to provide housing that is more attainable to the
workforce and to provide homeowners an extra source of income which can help them maintain
their homes.
The attached draft ordinance would allow for administrative review of ADUs in local historic
districts that are zoned single-family. Specifically, Section 2.13.7.c is proposed to be amended
to include the following additional applications for a certificate of appropriateness to be reviewed
by the staff of the historic preservation board:
Accessory Dwelling Units (ADU) within single family districts, provided the proposed ADU
does not require the demolition or alteration of architecturally significant portions of a
building or structure.
The proposal will simplify the process for homeowners to create ADUs in historic districts where
they are authorized. All other applicable development regulations set forth in single family (RS)
districts would still apply, including maximum unit size and lot coverage, as well as a prohibition
on short term rentals.
PLANNING BOARD REVIEW
On July 25, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
UPDATE
On February 21, 2024, the City Commission approved the subject ordinance at First Reading,
with no changes, and scheduled a Second Reading public hearing for April 3, 2024.
BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to
assess whether a Business Impact Estimate is required for the subject ordinance. As noted in
the attached and as published on the City's website (https://www.miamibeachfl.gov/city-hall/city-
clerk/meeting-notices/)on January 11, 2024, a Business Impact Estimate is not required for the
subject ordinance as it implements an amendment to the Land Development Regulations.
LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on
December 13, 2023, the following information has been provided by the primary item sponsor
as it relates to the subject ordinance amendment:
1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
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2. If so, specify name of lobbyist(s)and principal(s): Not Applicable
SUPPORTING SURVEY DATA
The Mayor and City Commission identified the need for workforce and affordable housing as a
key objective in the City's 2019 Strategic Plan Through the Lens of Resilience. The City's 2040
Comprehensive Plan prioritizes affordable housing, with the express goal "to encourage
redevelopment that provides workforce and affordable housing" within the City.
FINANCIAL INFORMATION
No Fiscal impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the 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
Strategic Connection
Mobility-Support affordable, compatible workforce housing.
Legislative Tracking
Planning
Sponsor
Commissioner Femandez/Co-sponsored by Vice-Mayor Dominguez/Commissioners Bhatt,
Magazine, & Suarez
ATTACHMENTS:
Description
o Ordinance
❑ BIE Statement SIGNED
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Alina T. Hudak, City Manager Wilbeil444,'JDY
MEETING DATE: January 31, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
• ADMINISTRATIVE REVIEW OF ACCESSORY DWELLING UNITS IN HISTORIC
DISTRICTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY
CODE, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION AND
REVIEW PROCEDURES," ARTICLE XIII, ENTITLED "HISTORIC
PRESERVATION," SECTION 2.13.7, ENTITLED "ISSUANCE OF A
CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE
OF APPROPRIATENESS FOR DEMOLITION," BY AMENDING SUB-SECTION
2.13.7.C., ENTITLED "REVIEW PROCEDURE, "TO ESTABLISH AN
ADMINISTRATIVE REVIEW PROCESS FOR ACCESSORY DWELLING UNITS;
AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,AND AN
EFFECTIVE DATE.
Is a Business Impact Estimate Required?
O Yes X No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
O The proposed Ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed Ordinance relates to the issuance or refinancing of debt;
O The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
❑ The proposed Ordinance is an emergency ordinance;
❑ The Ordinance relates to procurement; or
►F2 The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
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January 31, 2024
Page 2
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
--- ----- ------
c. Section 553.73;Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
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January 31, 2024
Page 3
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a)An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible; and
(c)An estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
Not Applicable
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
Not Applicable
4. Additional comments:
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