2011-3741 Ordinance Roofing Materials 2011
ORDINANCE NO 2011 -3741
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 or glass 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) In single family residential districts, tThe same style, design and material used shall be
required for the main structure and all accessory structures shall be compatible 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
(b ) Y g g Y planning
p
g
director, or designee, may approve a metal or glass roofing system, if it is determined that the scale,
massing and design of the subject home can accommodate a metal or glass roofing system, and
that the metal or glass 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 Laj(1) –(4) above.
The appeal of any decision of the planning department under this sections (a) and (b) above 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 a metal or glass
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.
(c) 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 or glass roofing systems on new construction
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 or glass roofing systems shall not be permitted on contributing buildings, except
as hereinafter provided. Within all zoning districts, except single family districts, and subject to the
approval of the historic preservation board, metal or glass roofing systems maybe permitted on roof -
to. additions to contributin• buildings subject to the criteria in subsections a 1 – 4 above and
chapter 118, article X of these land development regulations, provided the metal or glass roofing
system is not visible when viewed at eye level (5' -6" from grade) from the opposite side of the
adjacent right -of -way; for corner properties, the metal or glass roofing system shall also not be
visible when viewed at eye level from the diagonal corner at the opposite side of the right -of -way and
from the o • •osite side of the side street ri • ht -of -wa . The use of metal or glass 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 or glass roofing system, and that such
the metal or glass 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 or glass 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.
(d) 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.
(e) 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
2
criteria in subsection (a) above.
(f) 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.
No variances from any of these provisions shall be granted. However, in the event that the
building official determines that limitations exist regarding the Toad 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.
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 19th day of October 011.
ATT:S
•
CITY LERK :INCORP GRATED
�.,�'�'•••. �� �� APPROVED AS TO
i FIRM & LAIL GUAGE
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c H 26 . T °���.......• •' ' E 440 N • ttorney Date
First Reading: '. e• i- mber 14, 2011 /4(
Second Readi • : • c Fiber 10, 2011
Verified by: 416.
Ri hard . Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
10/12/2011
T:\AGENDA \2011 \10 -19 -11 \Roof Materials 2011- ORD.docx
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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 `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: The subject Ordinance was approved at First Reading on September 14, 2011.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On January 31, 2011, the Land Use and Development Committee referred the Ordinance to the Planning
Board, with a favorable recommendation.
On February 8, 2011, the Historic Preservation Board reviewed the proposed ordinance and recommended
approval.
On April 26, 2011, the Planning Board transmitted the subject Ordinance to the City Commission, with a
favorable recommendation.
On July 20, 2011, the Land Use and Development Committee referred the Ordinance to the City
Commission with a favorable recommendation.
Financial Information:
Source of — Amount Account Approved
Funds: 1
2
3
4
OBPI Total
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:
Department Director Assistant C' y Manager City Manager
Aiat; ■'
•
MIAMIBEACH AGENDA ITEM R SA
DATE 10 44l
1 -P. MIAMI
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: October 19, 2011 SECOND READING
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 February 9, 2011, the City Commission adopted an Ordinance Amendment that updated
the procedures for allowing materials other than tiles to be used on new roofs for single
family homes constructed prior to the year 1942, as well as `non- contributing' buildings
located within local historic districts. Specifically, the subject Ordinance extended additional,
appropriate latitude to the City's Planning Department for the review and approval of new
roofs for pre -1942 Architecturally Significant single family homes, as well as `non-
contributing' buildings located within local historic districts.
ANALYSIS
As part of the approval process for the recent changes to the roofing materials section of the
code, a discussion commenced concerning appropriate roofing material for certain types of
additions to `contributing' structures located within locally designated historic districts.
Specifically, the proposed ordinance would allow, within all zoning districts except single
family districts, metal or glass roofing systems on roof -top additions to contributing buildings.
However, in addition to the approval of the historic preservation board, the metal or glass
roofing system could not be visible from the adjacent street.
Currently, metal or glass roof systems are not permitted on contributing buildings located
within local historic districts. This change would allow for some limited flexibility in those
instances where a new roof is proposed for an addition. The proposed ordinance is limited
enough that it would not permit metal or glass to be used on existing structures, only
`additions' thus ensuring the historic and design integrity of contributing structures located
within local historic districts.
October 19, 2011
Commission Memorandum
Amendment to Roofing Materials Ordinance
Page 2 of 2
A small change to the section of the ordinance that currently requires the same style, design
and material of roofing material for the main structure and all accessory structures when
located on the same property is also proposed. This would allow for the variation in material
for additions and new construction, proposed as part of the ordinance. However, in order to
protect and preserve the established scale, character and context of the single family
districts in the City, the proposed ordinance would still require a consistency in roof materials
for all properties located In single family residential districts.
On January 31, 2011, the Land Use and Development Committee referred the Ordinance to
the Planning Board, with a favorable recommendation.
On February 8, 2011, the Historic Preservation Board reviewed the proposed ordinance and
recommended approval.
On September 14, 2011, the subject Ordinance was approved on first reading.
PLANNING BOARD ACTION
On April 26, 2011, the Planning Board transmitted the subject Ordinance to the City
Commission, with a favorable recommendation, by a 6 -0 vote. The Planning Board
recommended further changes to section 142- 875(a)(1), in order to allow for more flexibility
in the application of new roof materials in all districts, including single family districts. The
Planning Board was comfortable that through the DRB process, appropriate roofing
materials would be used on new and existing homes.
On July 20, 2011, the Land Use and Development Committee reviewed the proposed
Ordinance, as amended by the Planning Board. The Land Use Committee directed staff to
add stronger compatibility language to the section of the Ordinance that will now permit
differentiations in roofing materials within a single development site. The Land Use
Committee also directed staff to incorporate `Line -of -Site' language into that portion of the
Ordinance that would allow metal and glass roofing systems on `Contributing' buildings.
The Administration is confident that the proposed ordinance will address the issues and
concerns identified by the DRB and result in a more streamlined and flexible approval
process for single family home owners.
FISCAL IMPACT
The proposed ordinance is not expected to have a fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JMG /JGG /RGL/TRM
T:\AGENDA\2011 \10- 19- 11\Roof Materials 2011 2nd Reading - MEMO.docx
NE THURSDAY, OCTOBER 6, 2011 113NE
r MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the
of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida,
on WEDNESDAY, OCTOBER 19th ", 2011, to consider the following:
15 a.m.
Amendments To The Roofing Material Ordinance I.
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 at (305) 673 -7550
10:20 aim.
Stay Of Work And Proceedings On Appeal. •
Ordinance Amending The Land Development Regulations Of The City Code. By Amending Chapter 118, "Administrative And
Review Procedures," Article II, "Boards," Division 5, "Board Of Adjustment," Section 118 -137, "Stay Of Work And Proceedings On
Appeal," Clarifying And Amending The Stay Provisions Applicable To Matters On Appeal To The Board Of Adjustment.
Inquiries may be directed to the Planning Department at (305) 673 -7550.
10:25 a.m. •
Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10 -11, Entitled "Running
At Large Prohibited" By Extending The Pilot Program Off -Leash Area For Dogs In South Pointe Park Until January 1, 2012 And By
Adding Two (2) Hours In The Evening From 5:00 p.m. To 7:00 p.m. On Monday Through Friday; Providing For An Off-Leash Area
On The Par 3 Golf Course From Sunrise To 9:00 A.M. Daily And From 5:00 p.m. To 7:00 p.m On Monday Through Friday Until
Construction Commences On The Par 3 Golf Course.
Inquiries may be directed to the Parks and Recreation Department at (305) 673 -7730.
10:30 a.m. -
4
Minimum Unit Size And Parking Requirements For Affordable Housing Projects_
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 130 "Off- Street Parking," Section 130 -32
"Off- Street Parking Requirements For Parking District No. 1," And Section 130 -33 "Off- Street Parking Requirements For Parking _
Districts Nos. 2, 3, And 4," By Adding Parking Requirements For Housing For Low And /Or Moderate Income Non - Elderly Persons; . •
Chapter 142 "Zoning Districts And Regulations," By Amending Article IV. "Supplementary District Regulations," By Amending
Division 6 "Housing For Low And /Or Moderate Income Elderly Persons," By Including Non - Elderly Persons In The Regulations;
Amending. Section., 142 -1181, "Purpose," Section 142 -1182 "Definitions," Section 142 -1183, "Unit Size," And Section 142 -1184
"Mandatory Criteria;" Amendiinig Division 3. "Residential Multifamily Districts," Subdivision II. "RM -1 Residential Multifamily Low
Intensity Subdivision IV. "RM-2 Residential Multifamily, Medium Intensity," Subdivision V. "RM -3 Residential Multifamily, High
- Intensity," Division 4. " CD -1 Commercial, Low Intensity District," Division 5. "CD -2 Commercial, Medium Intensity District," Division
6. "CD -3 Commercial;' High .Intensity= District," And Division 18. "PS Performance Standard District," By Including References To
Division 6. "Housing For Low And /Or Moderate Income-Non-Elderly And Elderly Persons:"
•
Inquiries may be directed to the Planning Department at (305) 673 - 7550.
10:35 a.m.
Recycling Ordinance: •
An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By Amending The Definitions In Article
Entitled "In General," By Amending Section -90 -2, Entitled "Definitions"; By Amending Article 11 Entitled "Administration" By
Amending The Penalties For Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For Multifamily
Residences And Commercial Establishments; By'Creating Article V, To Be Entitled "Citywide Recycling Program For Multifamily
- Residences And Commercial Establishments," To Provide Provisions For Recycling Requirements And Enforcement, A Public
Education Program, A Warning Period, An Enforcement Date, Collector Liability, A "Red Tag" Noticing System, Penalties, And
Special Master Appeal Procedures.
Inquiries may be directed to the Public Works Department at (305) 673 -7616. •
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, 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 Office, 1700
- Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be 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, Fla. Stat , 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.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/
or any accommodation to review any document or participate in any city- sponsored proceeding, please contact (305) 604 -2489
(voice), (305)673- 7218(77Y) five days in advance to initiate your request TTY users may also call 711 (Florida Relay Service)
- Ad #670