2001-3314 ORD
ORDINANCE NO. 2001-3314
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, FLORIDA, AMENDING CHAPTER 130, "OFF-STREET
PARKING," SECTION 130-69.5, "ADDITIONAL REQUIREMENTS," TO
CLARIFY THE REQUIREMENTS FOR PARKING GARAGES OR LOTS
DESIRING TO OPERATE PAST MIDNIGHT; AMENDING CHAPTER 118,
ARTICLE IV, "CONDITIONAL USE PROCEDURE,"SECTION 118-194,
"COMPLIANCE WITH CONDITIONS," AND ARTICLE VIII,
"PROCEDURE FOR VARIANCES AND ADMINISTRATIVE
APPEALS,"SECTION 118-356, "REVOCATION OR MODIFICATION OF
VARIANCE," TO AMEND THE PROCEDURES APPLICABLE TO
PLANNING BOARD AND BOARD OF ADJUSTMENT REVOCATION OR
MODIFICATION OF CONDITIONAL USE APPROVALS OR VARIANCES
WHERE THE APPLICANT EXHIBITS REPEATED OR INTERMITTENT
NONCOMPLIANCE WITH THE CONDITIONS OF SUCH APPROVALS;
AMENDING CHAPTER 118, ARTICLE X, HISTORIC PRESERVATION,
SECTION 118-503, "SCOPE AND EXEMPTIONS," AND SECTION 118-561,
"GENERAL REQUIREMENTS," TO CLARIFY THAT CERTIFICATES OF
APPROPRIATENESS ARE REQUIRED PRIOR TO ANY TEMPORARY OR
PERMANENT MODIFICATION TO A BUILDING OR SITE; PROVIDING
FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations of the Code of the City of Miami Beach,
contain various provisions regulating the development and use of property within the City; and
WHEREAS, the City Attorney's Office and the Administration have been monitoring the
efficiency and effectiveness of the Land Development Regulations in addressing the development
and use of property within the City; and
WHEREAS, the City Attorney's Office and the Administration recommend the amendments
provided below to improve the efficiency and effectiveness of the Land Development Regulations
in accomplishing the policies and goals as expressed in the Comprehensive Plan, the Land
Development Regulations, and the orders of the various land development review boards.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 130, "Off-Street Parking," Section 130-69.5, "Additional requirements,"
of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 130-69.5. Additional requirements.
In addition to any other requirements regarding parking garages and parking lots contained
herein, and exceot where a oarking garage or lot is accessory to a residential use and located on the
same lot. all oarking garag:es and lots located within 100 feet of a residential use or district that
intend to ooerate after midnight. shall obtain conditional use aooroval from the Planning: Board
before obtaining: a building oermit or occuoational license. fi6 e&mmeleial 81 h8l1e8f1:1fi,eleial
parking gaItlg~ 61 l'ftlking 161, ineluelillg tcmptHM) and pI6~i3ional pmkillg 16t3, laeatea en a 16t:
(1) U1'611 nhieh parking i3 the eXdl13i{c tl3e,
(2) 'Wlrid\ IUd) layfltdl) operate after ftlidnight, tlfid
(3) W'hellltft) l'tllti6116ftfie Jilt: on nhicll the parking 161 6f parking garage i310eatea i3
\.ithin 100 feet of a rt:3identialu3c 61 re3idential digttiet;
In8) obtain a bliilding l'emlit of tleeuptttiemalliee113e t8 61'elate prier 16 e6tftifling a e611diti61W tl3e
apple" fll in accordance ~.vith the preeeeltti:e3 specified in 3eetiel'i 17 -4 hereef. If a conditienal tl3e
al"pr8, al i3 gIltntecl, 3Mcl 81"eJ!ttil'lfi 3hall e8mpl) ., ith all ellncliti8n.3 8f 3llicl al"puh al.
~JetnithJtanding the furegaing, an) l'Mking that i3 IH6.iekd in a ealunlereial 51 1lell1e6ul:luereittl
I'ftIking gMage 61 parking let "tithin a e6mn.le:I~ial zening ai:rtriet ana that i3 aee:c336lji t6 a
re3icle!'ltialli3e, exel113ive 8f hetelli3e3, 3httll fi8t be 300jeet te the M8recle3eIibea eelftditienalli3e
l"r8eel'h:lf'e3.
(Ord. No. 98-3115, ~ I (7-5J.), 6-17-98)
SECTION2. That Chapter 118, "Administration and Review Procedures," Article IV, "Conditional
Use Procedure," under the jurisdiction of the Planning Board, Section 118-194, "Compliance with
conditions," of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 118-194. Compliance with conditions.
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*
*
(c) The board may revoke or modify a conditional use approval pursuant to the following
procedures:
(1) The planning !IlIti zen.ing director shall notify the applicant by certified mail of the
failure to comply with the conditions of the approval;
(2) If, after expiration of a IS-day cure period commencing on the date of the notice, the
applicant fails to comply with the conditions, or the aoolicant has exhibited reoeated
or intermittent noncomoliance with the conditions orior to the cure oeriod and the
olanning director is concerned about further reoeated or intermittent noncompliance,
the planning !IlIti :oon.in.g director shall advise the board at the next meeting and the
board may consider setting a public hearing for the purpose of examining the
noncompliance issues;
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(3) If the board elects to set a public hearing, the planning ana reniBg director shall place
the matter on the board's agenda in a timely manner and all notice requirements
imposed for conditional use applications as set forth in section 118-193 shall be
applicable, with the addition of notice to the applicant; and
(4) The board shall hold a public hearing to consider the issue of noncompliance and the
possible revocation or modification of the approval, and, based on substantial
competent evidence, the board may revoke the approval, modify the conditions
thereof, or impose additional or supplemental conditions.
(d) In determining whether substantial competent evidence exists to support revocation,
modification or the imposition of additional or supplemental conditions to the approval,
intermittent noncompliance with the conditions, as wen as the frequency, degree and adverse
impact of such intermittent noncompliance, may be considered by the board.
SECTION 3. That Chapter 118, "Administration and Review Procedures," Article VIII, "Procedure
for Variances and Administrative Appeals," under the jurisdiction of the Board of Adjustment,
Section 118-356, "Revocation or modification of variance," of the Code ofthe City of Miami Beach,
Florida is hereby amended as fonows:
Sec. 118-356. Revocation or modification of variance.
(a) The board of adjustment may revoke or modify a variance pursuant to the following
procedures:
(1) The planning /Iud zoning director shall notify the applicant by certified mail of the
failure to comply with the conditions of the variance.
(2) If, after expiration ofa IS-day cure period (commencing on the date of the notice),
the applicant fails to comply with the conditions, or the ap'plicant has exhibited
repeated or intermittent noncompliance with the conditions prior to the cure period
and the planning director is concerned about further repeated or intermittent
noncompliance. the planing and .!:v"illg director shan advise the board at the next
meeting and the board may consider setting a public hearing for the purpose of
examining the noncompliance issues.
(3) If the board elects to set a public hearing, the planning IInd J:oning director shall place
the matter on the board's agenda in a timely manner and all notice requirements
imposed for variance applications as set forth in section 118-134 shall be applicable,
with the addition of notice to the applicant.
(4) The board of adjustment shall hold a public hearing to consider the issue of
noncompliance and the possible revocation or modification of the variance, and,
based on substantial competent evidence, the board may revoke the variance, modify
the conditions thereof, or impose additional or supplemental conditions.
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(b) In determining whether substantial competent evidence exist to support revocation,
modification or the imposition of additional or supplemental conditions to the variance,
intermittent noncompliance with the conditions, as well as the frequency, degree and adverse
impact of such intermittent noncompliance, may be considered by the board.
SECTION 4. That Chapter 118, "Administration and Review Procedures," Article X, "Historic
Preservation," under the jurisdiction of the Historic Preservation Board, Division 1. "Generally,"
Section 118-503, "Scope and exemptions," of the Code of the City of Miami Beach, Florida is
hereby amended as follows:
Sec. 118-503. Scope and exemptions.
(a) Scope. Unless expressly exempted by subsection (b) of this section, no building permits shall
be issued for new construction, demolition, alteration, rehabilitation, signage or any other
physical modification of any building, structure, improvement, landscape feature, public
interior or site individually designated in accordance with sections 118-591, 118-592 and
118-593, or located within an historic district. nor shall any construction. demolition.
alteration. rehabilitation. signage or any other exterior or Dublic interior {'hysical
modification. whether temporary or permanent. without a permit. be undertaken. without the
prior issuance of a certificate of appropriateness or certificate to dig by the historic
preservation board. or the Planning Director or his designee. in accordance with the
procedures specified in this section. For purposes of this sCGtkm Article, "alteration" or
"modification" shall be defined as any change affecting the external appearance and internal
structural system including colwnns, beams, load bearing walls and floor plates and roof
plates of a structure or other features of the site including but not limited to landscaping and
relationship to other structures, by additions, reconstruction, remodeling, or maintenance
involving a change in color, form, texture, signage or materials, or any such changes in the
appearance of public interior spaces. The foregoing shall exclude the placement of objects
in or on the exterior or public interior of a structure or site. not materially affecting its
appearance or architectural integrity.
SECTION 5. That Chapter 118, "Administration and Review Procedures," Article X, "Historic
Preservation," under the jurisdiction of the Historic Preservation Board, Division 3, "Issuance of
Certificate of Appropriateness/Certificate to Dig/Certificate of Appropriateness for Demolition,"
Section 118-561, "General requirements," of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 118-561. General requirements.
A certificate of appropriateness issued under this chapter shall be required prior to the
issuance of any permit for new construction, demolition, alteration, rehabilitation, renovation,
restoration, signage or any other physical modification affecting any building, structure,
improvement, landscape feature, public interior or site individually designated in accordance with
sections 118-591, 118-592 and 118-593, or located within an historic district unless the permit
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applied for is exempted pursuant to subsection I 18-503(b ). or prior to any construction. demolition.
alteration. rehabilitation. signage or any other exterior or public interior phvsical modification.
whether temporary or permanent. without a tJermit. being undertaken. A certificate to dig shall be
required prior to the initiation of any development involving the excavation or fill on a historic site
or in a historic district designated as archaeologically significant pursuant to the provisions of this
article. The procedure to obtain a certificate to dig, or to designate a historic site as archaeologically
significant, shall be the same as indicated in section 118-562 for a certificate of appropriateness.
COrd. No. 89-2665, S 19-6, eff. 10-1-89; Ord. No. 94-2926, eff. 4-14-94; Ord. No. 2000-3262, S
4, 7-26-00)
SECTION 6. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 7. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH. FLORIDA.
It is the intention of the City Commission, and it is hereby ordained that the provisions ofthis
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 renwnbered or relettered to accomplish such intention; and that
the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 8. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 1\8t:h' day of July PfJJjOOl.
MAYOR
ATTEST:
_~t f~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1IA~
CI Y ARNEY
7- ~-Ol
DATE
F:\ATTOIHELG\Ordinances\Glitch\Ordinance.wpd - July 5, 2001
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-- --..... numm R81lIV"SilMCQ- T 1 -
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of
Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 ,Convention Center Drive, Miami
Beach, Florida, on Wednesday, July 18, 2001, at the limes listed below, to consider the adoption of the
following ordinances:
alll:15 a.m.: .
AN ORDINANCE AMENDING CHAPTER 82. OF THE MIAMI BEACH CITY CODE ENTITLED .PUBLlC
PROPERTY" BY AMENDING SECTION 82-412 THEREOF ENTITLED "POSTING OF SIGNS ON UTILITY
COMPANY PROPERTY OR PUBLIC PROPERTY PROHIBITED; ENFORCEMENT; FINES; APPEAl:; BY
AMENDING SUBSECTION (A) THEREOF TO CLARIFY THAT THE"OWNERS AND/OR BENEFACTORS OF
PROHIBITED SIGNS SHALL BE SUBJECT TO THE ENFORCEMENT PROCEDURES OF SAID SECTION;
PROVIDING FOR CODIFICATiON, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Legal Department at (3051 673-74-0. .
...
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AN ORDINANCE AUTHORIZING STREET PERFORMERS AND ART VENDORS IN PUBLIC AREAS ~
FOLLOWING RECEIPT OF A PERMIT, SUBJECT TO CERTAIN CONDITIONS AND A PERMIT FEE; ,~
PROVIDING DEFINITIONS, SETTING FORTH TERMS, CONDITIONS AND REGULATIONS FOR PERMITS ?
ISSUED TO STREET PERFORMERS AND ART VENDORS; PROV'IDING FOR ENFORCEMENT, ~
SUSPENSION OR REVOCATION; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI .ig
BEACH, FLORIDA, REPEALER, SEVERABILiTY, AND AN EFFECTIVE DATE. ~
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Inquiries may be directed to the City Manage(s Office at (3051 673-7010. ;-
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-if ~N5~~81~A~CE AMENDING THE LAND DEVEWPMENT REGULATIONS OF THE CODE OF THE CITY OF i-
"ri MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, "OFF.STREET PARKING,"SECTIOIII 130-89.5, !i:
"ADDITIONAL REQUIREMENTS; TO CLARIFY THE REQUIREMENTS FOR PARKING GARAGES OR LOTS
DESIRING TO OPERATE PAST MIDNIGHT; AMENDING CHAPTER 118, ARTICLE IV, "CONDITIONAL USE I
PROCEDURE," SECTION 118-194, "COMPLIANCE WITH CONDITIONS," AND ARTICLE VIII, "PROCEDURE
FOR VARIANCES AND ADMINISTRATIVE APPEALS," SECTION 118.356, "REVOCATION OR
MODIFICATION OF VARIANCE," TO AMEND THE PROCEDURES APPLICABLE TO PLANNING BOARD
AND BOARD OF ADJUSTMENT REVOCATION OR MODIFICATION OF CONDITIONAL USE ApPROVALS
OR VARIANCES WHERE THE APPLICANT EXHIBITS REPEATED OR INTERMITTENT NONCOMPLIANCE
WITH THE CONDITIONS OF SUCH APPROVALS; AMENDING CHAPTER 118, ARTICLE X, HISTORIC.
PRESERVATION, SECTION 118-503, .SCOPE AND EXEMPTIONS," AND SECTION 118-561, "GENERAL
REQUIREMENTS," TO CLARIFY THAT CERTIFICATES OF APPROPRIATENESS ARE REQUIRED PRIOR
TO ANY TEMPORARY OR PERMANENT MODIFICATION TO A BUILDING OR SITE; PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE. .
alll:30 a.m.:
Inquiries may be directed to the Legal Department at (305) 673-7470.
ALL INTERESTED PARTIES are invited to appear ai this meeting, or be represented by an agent, or to
express their views in writing addressed to the City Commission, clo the City Clerk, 1700 Convention Center
Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public
inspection during normal business hours in the City Clerk's OIfjce, 1700 Convention Center Drive, 1 sf Floor,
City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances.
additionallegalnotice would not be provided. - .
Robert E. Parcher, City Clerk
City 01 Miami Beach
P~uant to Section 286.0105, Fla. Stat.,.the City hereby adllises the public that: W a person decides to appeal
....ny decision made by the City Commission with respect to any matter considered at its meeting or its hearing,
such person must ensure that a verbatim record of the prpceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the
City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
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In accordance with the Americans with Disabilit,ies Act of 1990, persons needing special accommodation to
participate in this proceedingshouid contact the City Clerk's office no later than four days prior to the
proceeding, telephone (305) 673.7411 for assistanoe; if hearing impaired, telephone the Florida Relay Service
I' numbers, (8001 955-Snl (TOO) or (SOOI 955.SnO(VQICE), for assistance.
, (Ad # 0033)
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.fl.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO.
lfJ/-o/
Mayor Neisen O. Kasdin and DATE: July 18,2001
Members ofthe City Commission
Murray H. DubbfAl\ uO "J./V""
City Attorney ;f' I ~ .
Jorge M. Gonzalez ~ 1 ~
City Manager tJ" 0
SECOND READING - PUBLIC HEARING
ORDINANCE: 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, FLORIDA, AMENDING CHAPTER 130, "OFF-
STREET PARKING," SECTION 130-69.5, "ADDITIONAL
REQUIREMENTS," TO CLARIFY THE REQUIREMENTS FOR PARKING
GARAGES OR LOTS DESIRING TO OPERATE PAST MIDNIGHT;
AMENDING CHAPTER 118, ARTICLE IV, "CONDITIONAL USE
PROCEDURE,"SECTION 118-194, "COMPLIANCE WITH CONDITIONS,"
AND ARTICLE VIII, "PROCEDURE FOR VARIANCES AND
ADMINISTRATIVE APPEALS,"SECTION 118-356, "REVOCATION OR
MODIFICATION OF VARIANCE," TO AMEND THE PROCEDURES
APPLICABLE TO PLANNING BOARD AND BOARD OF ADJUSTMENT
REVOCATION OR MODIFICATION OF CONDITIONAL USE
APPROVALS OR VARIANCES WHERE THE APPLICANT EXHIBITS
REPEATED OR INTERMITTENT NONCOMPLIANCE WITH THE
CONDITIONS OF SUCH APPROVALS; AMENDING CHAPTER 118,
ARTICLE X, HISTORIC PRESERVATION, SECTION 118-503, "SCOPE
AND EXEMPTIONS," AND SECTION 118-561, "GENERAL
REQUIREMENTS," TO CLARIFY THAT CERTIFICATES OF
APPROPRIATENESS ARE REQUIRED PRIOR TO ANY TEMPORARY OR
PERMANENT MODIFICATION TO A BUILDING OR SITE; PROVIDING
FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance on second reading
after the public hearing.
nS....r
AGENDA ITEM ~_ "-
DATE 7-/g-Of
Commission Memorandum-
Amendments to Various Sections of Land Development Regulations
July 18,2001
Page 2
ANALYSIS
As part of an ongoing review of the Land Development Regulations (LDRs) by the City Attorney's
Office and the Planning Department, a number of sections of the LDRs have been identified as
having a need for improvement. Therefore, the City Attorney and City Manager, pursuant to section
118-162( a), Miami Beach City Code, seek the Commission's approval of the following amendments
to the Land Development Regulations:
1. Amend section 130-69.5 to clarify when a parking garage must seek conditional use
approval from the Planning Board to operate after midnight. The amendment would
remove the requirement that conditional use approval is only required when the
garage is the exclusive use on the property, and would clean up the existing and
admittedly confusing language.
2. Amend sections 118-194 and 118-356 to correct the procedures applicable to
enforcement of planning board orders, and modification or revocation of zoning
board orders. The amendment would clarify in both instances that enforcement, or
revocation or modification, can be brought to the boards for consideration based on
repeated or intermittent noncompliance with board orders, regardless of the
applicant's compliance during the prescribed IS-day cure period following notice of
noncompliance.
3. Amend sections 118-503 and 118-561 to clarify that a certificate of appropriateness
is required from staff or the Historic Preservation Board, as applicable, where an
alteration or modification to a structure or site is undertaken, regardless of whether
such alteration or modification is temporary or permanent, or whether a separate
building permit is required. This amendment clarifies the existing language to
conform to and reflect the administration's interpretation of the ordinance as it
presently exists.
The Commission previously referred these amendments to the Planning Board, which considered
them at its meeting of April 24, 2001 and unanimously recommended their adoption. At first
reading, the Commission requested that this matter be brought to the Historic Preservation Board
for its consideration. The HP Board was presented and discussed the amendments at its June 12,
2001 meeting, and again considered the amendments at its July 10, 200 I meeting. The amendments
concerning when certificates of appropriateness are required were modified slightly to address
concerns raised at the Commission's June 6, 2001 meeting. On June 21, 2001 the Historic
Preservation Special Master ruled in the matter involving the Bentley Hotel, 510 Ocean Drive, that
a certificate of appropriateness is required under the current land development regulations even when
a building permit is not required.
Based on the foregoing analysis, the Administration recommends that the Commission adopt the
ordinance on second ~ding after the public hearing.
MHD:JMG:GMH:J<Ja-
F:IA TTOIHELGlOrdinances\GlitchlJuly 18Comm.mem. wpd