2011-3717 Ordinance Roofing Mate rials
ORDINANCE NO. 2011 -3717
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 142, "ZONING
DISTRICTS AND REGULATIONS ", ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS ", SECTION 142-
875 "ROOF REPLACEMENTS" TO MODIFY AND EXPAND THE
REQUIREMENTS FOR ROOFING MATERIALS IN ALL DISTRICTS;
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 zoning districts and regulations; and
WHEREAS, the City of Miami Beach recognizes the benefits of alternative roofing materials
in terms of maintenance, durability, sustainability, energy efficiency and availability; and,
WHEREAS, the City of Miami Beach has adopted regulations pertaining to replacement and
construction of pitched roofs; and,
WHEREAS, the City of Miami Beach desires to expand, modify and clarify the requirements
for new and replacement roofing materials for pitched roofs; 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. That Chapter 142, Entitled "Zoning Districts and Regulations ", Article IV, Entitled
"Supplementary District Regulations ", Division 1, Entitled "Generally" of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 142 -875. Roof replacements and new roofs.
(a) In all districts, except locally designated historic districts, sites or structures, the new
construction, repair or replacement of any pitched roof shall consist of flat or barrel tile, which shall
be composed of concrete, clay or ceramic material. Metal roofing systems may be proposed for new
construction, existing multi - family and townhome structures, existing commercial buildings, single
family homes constructed after 1942, and nonarchitecturally significant single family homes
constructed prior to 1942, and shall be subject to the review and approval of the planning
department, in accordance with the following criteria:
(1) The same style, design and material shall be required for the main structure and all
accessory structures when located on the same property.
(2) The color of the roof shall be neutral and shall not overwhelm or cause the roof to stand out
in a significant manner.
(3) The design, details, dimensions, surface texture and color shall be consistent with the
architectural design, style and composition of the structure.
(4) The design, details, dimensions, surface texture and color shall be consistent with the
established scale, context and character of the surrounding area.
For architecturally significant single family homes constructed prior to 1942, the planning director, or
designee, may approve a metal roofing system if it is determined that the scale, massing and design
of the subject home can accommodate a metal roofing system, and that the metal roofing system
will not negatively impact the established architectural context of the immediate area. Such review
by the planning director, or designee, shall be subject to the criteria in subsections (1) —(4) above.
The appeal of any decision of the planning department under this section shall be to the design
review board, in accordance with chapter 118, article VI of these land development regulations. The
review by the design review board, either by appeal or if the metal roofing system does not qualify
for planning director approval as provided above, shall also be pursuant to the criteria in subsections
(1) —(4) above.
(b) Within any locally designated historic district, site or structure, the new construction, repair or
replacement of any pitched roof shall consist of flat or barrel tile, which shall be composed of
concrete, clay or ceramic material. The use of metal roofing systems on new construction or existing
non contributing structurco shall require the review and approval of the historic preservation board,
in accordance with the criteria in subsections (a)(1) —(4) above and chapter 118, article X of these
land development regulations. Metal roofing systems shall not be permitted on contributing
buildings. The use of metal roofing systems on existing non - contributing structures may be reviewed
and approved by the planning director, or designee, in accordance with the criteria in subsections
(a)(1) —(4) above and chapter 118, article X of these land development regulations, if it is determined
that the scale, massing and design of an existing non - contributing structure can accommodate a
metal roofing system, and that the metal roofing system will not negatively impact the established
historic and architectural context of the immediate area. The appeal of any decision of the planning
department under this subsection shall be to the historic preservation board. The review by the
historic preservation board, either by appeal or if the metal roofing system does not qualify for
planning director approval as provided above, shall also be pursuant to the criteria in subsections
(a)(1) —(4) above, and section 118 -564.
(c) Notwithstanding the above, for those structures constructed and substantially maintained in
the Mediterranean revival or mission style of architecture, only concrete, clay or ceramic tile may be
utilized. For purposes of this subsection, Mediterranean revival or mission architecture shall be
defined as those structures built between 1915 through 1942 and characterized by, but not limited
to, stucco walls, low pitch terra cotta or historic Cuban tile roofs, arches, scrolled or tile capped
parapet walls and articulated door surrounds, or Spanish baroque decorative motifs and classical
elements.
(d) Notwithstanding the above, in the event a material other than flat or barrel tile was permitted
for a pitched roof in any district, such roof may be replaced with the same material, subject to the
criteria in subsection (a) above.
(e) For those structures which contain historic Cuban barrel tiles, such tiles shall be retained and
preserved, subject to the provisions of the applicable building codes.
(f) No variances from any of these provisions shall be granted. However, in the event that the
building official determines that limitations exist regarding the load capacity of an existing roof, a
roofing material other than concrete, clay or ceramic tile may be approved by the planning
department for any type of structure, in accordance with the criteria specified in subsections 142 -
875(a)(1) - -(4) above.
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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 relettered 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 effect ten days following adoption.
PASSED AND ADOPTED this 9th day of February , 2011.
d eige-4.Q
ATTEST:
j PM, C(LI/
CITY CLERK
AP"OVED AS TO
FOR & A pUAGE
&Fa C TION
//0/
orney f Date
First Reading: December 8, 2010
Second Reading: February 9, 2011
Verified by:
ichard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
02/09/2011
T:\AGENDA\2011\2 -09 -11 \Roofing Materials 2010 - ORD 2 PH.docx
3
COMMISSION ITEM SUMMARY
Condensed Title:
Amendments to the Roofing Materials Ordinance.
Key Intended Outcome Supported:
Maintain strong growth management policies; Protect historic building stock
Supporting Data (Surveys, Environmental Scan, etc.):
While nearly half, 47.6 %, suggested the effort put forth by the City to regulate development is
"about the right amount," nearly one - third, 29.6 %, indicated "too little" effort is being put forth by the
City in this area.
Issue:
Should the City Commission adopt an Ordinance Amendment that modifies the review procedures for
certain types of roof materials on pre -1942 architecturally significant homes and 'non- contributing'
structures located in historic districts, while allowing for an expanded role of planning department staff in
the review process?
Item Summary /Recommendation:
SECOND READING: Over the last few years, concerns by property owners of architecturally significant
homes built prior to 1942 have been expressed to the DRB about the cost and length of time to approve
roof replacements. The proposed ordinance will give staff more latitude in reviewing and approving these
types of requests. The subject Ordinance was approved at first reading on December 8, 2010. On
January 19, 2011 the Ordinance was continued to a date certain of February 9, 2011. The Administration
recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On June 1, 2010, the Design Review Board (DRB) passed a Resolution recommending an
amendment to the City Code to update the procedures and requirements for roof materials. On
September 27, 2010, the Land Use and Development Committee referred the Ordinance to the
Planning Board, with a favorable recommendation. On November 16, 2010, the Planning Board
transmitted the subject Ordinance to the City Commission, with a favorable recommendation.
On January 19, 2011, the City Commission referred the matter back to the Land Use and
Development Committee and the Historic Preservation Board, for additional comments and feedback
pertaining to proposed amendments to the Ordinance. The Land Use Committee is scheduled to
consider the matter on January 31, 2011 and the Historic Preservation Board is scheduled to consider
the matter on February 8, 2011.
Financial Information:
Financial Impact Summary:
The subject ordinance is not expected to have any fiscal impact.
City Clerk's Office Legislative Tracking:
Richard Lorber or Thomas Mooney
Sign -Offs:
Depart ent Director A-sistant City nager City Manager
MIAMIBEACH AGENDA ITEM R
DATE Z -9 -0
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager /
DATE: February 9, 2011 .SECOND READING PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS ", ARTICLE IV, "SUPPLEMENTARY DISTRICT
REGULATIONS ", SECTION 142 -875 "ROOF REPLACEMENTS" TO MODIFY
AND EXPAND THE REQUIREMENTS FOR ROOFING MATERIALS IN ALL
DISTRICTS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance.
BACKGROUND
On June 1, 2010, the Design Review Board (DRB) passed a Resolution, which
recommended an amendment to the City Code, updating the procedures for allowing
materials other than tiles to be used on new roofs for single family homes constructed prior
to the year 1942. Specifically, the DRB recommended, based upon a number of
applications that have come before it, that appropriate latitude be given to the City's
Planning Department for the review and approval of new roofs for pre -1942 Architecturally
Significant single family homes.
ANALYSIS
In 2007, the City Commission adopted a comprehensive amendment to Section 142 -875 of
the City Code, pertaining to roof replacements and new roofs. This amendment addressed
advances in technology regarding metal roofing systems. Currently, a wide range of metal
roofs now exist, which satisfy building code requirements and are compatible with most
styles of architecture in the City. These include metal tile in a flat or barrel shape, as well as
different textures, colors and finishes of standing seam metal.
In addition to being much more architecturally compatible than in the past, alternative roofing
material such as metal tile and standing seam metal offer the following tangible benefits over
concrete or ceramic tile:
• They are far more durable; not just to wind speed, but, more importantly, in terms of
damage from flying debris.
• They are far more energy efficient, particularly in the summer months.
February 9, 2011
Commission Memorandum
Amendment to Roofing Materials Ordinance
Page 2 of 3
• They are often composed of recycled material and can be used to achieve LEED
points.
• They have a longer warranty than concrete or barrel tile.
• They are generally the same price as concrete tile and less expensive than clay or
ceramic barrel tile.
• They are readily available.
In order to ensure a careful balance between protecting the architectural and historic
integrity of the City's housing stock and neighborhood character, while addressing the needs
of homeowners, and allowing for more durable, sustainable and available roofing material,
the Ordinance adopted in 2007 included certain safeguards for eligible structures.
Specifically, for Architecturally Significant single family homes constructed prior to 1942,
approval from the Design Review Board (DRB) is required for roofing material other than flat
or barrel tile. For roofing on new construction or existing non - contributing structures in local
historic districts, approval from the Historic Preservation Board (HPB) is required. Metal
roofs are prohibited on contributing structures and on any historic structure designed in the
Mediterranean Revival style of architecture. Additionally, criteria was established for the
relevant Boards, as well as the Planning Department, to follow when evaluating metal roof
requests.
Over the last few years, concerns have been expressed by owners of Architecturally
Significant single family homes built prior to 1942, with regard to the cost and length of time
a hearing before the DRB takes, just to replace a roof. In order to address this concern, at
the direction of the DRB, the proposed Ordinance Amendment has been drafted, which
would give more latitude to staff in applying the roofing material criteria to pre -1942 homes,
as well as non - contributing structures within historic districts.
On September 27, 2010, the Land Use and Development Committee referred the Ordinance
to the Planning Board, with a favorable recommendation.
PLANNING BOARD ACTION
On November 16, 2010, the Planning Board transmitted the subject Ordinance to the City
Commission, with a favorable recommendation, by a 5 -1 vote.
FISCAL IMPACT
The proposed ordinance is not expected to have a fiscal impact upon the City.
SUMMARY
The City Commission approved the Ordinance at First Reading on December 8, 2010,
subject to minor text changes that clarify the role of staff in the approval process. At Second
Reading, on January 19, 2011, additional amendments were proposed to the subject
Ordinance. The Commission continued the item to a date certain of February 9, 2011 and
referred the item to the Land Use and Development Committee and Historic Preservation
Board, for additional comment and feedback.
The Land Use Committee referred the changes proposed at the January 19, 2011
Commission Meeting to the Planning Board as a separate amendment. It is anticipated that
these changes will be further refined and come back before the Commission at a future date
as a separate Ordinance amendment. The Historic Preservation Board will review the
Ordinance at their February 8, 2011 meeting.
February 9, 2011
Commission Memorandum
Amendment to Roofing Materials Ordinance
Page 3 of 3
The Administration is confident that the proposed ordinance will address the issues and
concerns identified by the DRB and result in a more streamlined approval process for single
family home owners.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed Ordinance.
J MG /J G G /Rti L/TRM
T:IAGENDAl201111- 19- 111Roofing Materials 2010 - MEM 2 PH.docx
NE THURSDAY, JANUARY 6, 2011 1 13NE
�► MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings. and 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, January 19, 2011, to consider
the following:
10:20 a.m.
Roofing Materials •
An Ordinance Amending The Land Development Regulations Of The Code
Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts
And Regulations ", Article IV, "Supplementary . District Regulations ", Section
142 -875 "Roof Replacements" To Modify And Expand The Requirements For
Roofing Materials In All Districts.
Inquiries may be directed to the Planning Department (305) 673 -7550.
10:25 a.m.
Lincoln Road Sign District
An Ordinance Amending The Land Development Regulations Of The Code
Of The City Of Miami Beach, By Amending Chapter 138, Entitled "Signs ".
By Amending Article V, Entitled "Sign Regulations By- District By Amending
Section 138 -173 To Modify The Requirements For The Lincoln Road Signage
Districtl 0:25 a.m.
Inquiries may be directed to the Planning Department (305) 673 -7550.
10:30 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending
Chapter 106, "Traffic And Vehicles," Article II, "Metered Parking," Division 1,
"Generally" Section 106 -55 (h)(2), "Permanent Parking Space Removal" To
Amend The Criteria And Procedure For Permanent Parking Space Or Loading
Zone Removal.
Inquiries may be directed to the Parking Department (305) 673 -7275.
INTERESTED PARTIES are invited to appear at this meeting or be represented
by an agent or to express their views in writing addressed to the City Commission
c/o the City Clerk, 1700 Convention Center Drive, 1 Floor, City Hall, Miami
Beach, Florida 33139. This meeting may be opened and continued and under
such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105; FL Statutes, the City hereby advises the public
that: if a person decides to appeal any 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 proceedings 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.
In accordance with the Americans with Disabilities Act of 1990, persons needing
special accommodation to participate in this proceeding, or to request information
on access for persons with disabilities, or to request this publication in accessible
format, or to request sign language interpreters, should contact the City Clerk's
office at (305) 673 -7411, no later than four days prior to the proceeding. If hearing
impaired, contact the City Clerk's office via the Florida Relay Service -numbed,,
(8000 55-8771 (TTY) or (800) 955 -8770 (VOICE) s4D4 643 •
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