2015-3977 Ordinance Rehearing and Appeal Procedures
ORDINANCE NO. 2015-3977
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CONSOLIDATING AND STANDARDIZING THE
REHEARING AND APPEAL PROCEDURES, INCLUDING ADMINISTRATIVE
APPEALS AND QUASI-JUDICIAL APPLICATIONS BEFORE HISTORIC
PRESERVATION BOARD, BOARD OF ADJUSTMENT, PLANNING BOARD,
AND DESIGN REVIEW BOARD, BY CREATING THE FOLLOWING SECTION:
CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," AT
SECTION 118-9, ENTITLED "APPEAL AND REHEARING PROCEDURES";
AND AMENDING ARTICLE II "BOARDS" DIVISION 3 "DESIGN REVIEW
BOARD" AT SECTION 118-71; DIVISION 5 "BOARD OF ADJUSTMENT" AT
SECTIONS 118-134, 118-136, 118-137, 118-138; ARTICLE IV "CONDITIONAL
USE PROCEDURE" AT SECTIONS 118-193, AND 118-197; ARTICLE VI
"DESIGN REVIEW PROCEDURES" AT SECTIONS 118-258, 118-260, 118-
261, 118-262, 118-263; ARTICLE VIII "PROCEDURES FOR VARIANCES AND
ADMINISTRATIVE APPEALS" AT SECTIONS 118-352 and 118-358; ARTICLE
IX "NONCONFORMANCES" AT SECTIONS 118-395 AND 118-397; ARTICLE
X "HISTORIC PRESERVATION"; DIVISION 2 "HISTORIC PRESERVATION
BOARD REVIEW OF PROJECTS" AT SECTIONS 118-532, 118-536, AND 118-
537; DIVISION 3 "ISSUANCE OF CERTIFICATE OF
APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION" AT SECTIONS 118-563, 118-564,
118-565; DIVISION 5 "SINGLE-FAMILY AD VALOREM TAX EXEMPTION" AT
SECTION 118-609; CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS" AT ARTICLE II "DISTRICT REGULATIONS," DIVISION 2
"RS-1,RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS AT
SECTION 142-108 IN ORDER TO REMOVE ANY CONFLICTS WITH NEWLY
CREATED SECTION 118-9; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, The City of Miami Beach is in the process of updating the City's procedures
and on-line capabilities through the use of Energov and NOVUS Agenda, which systems, will
allow for an online collaboration in processing board applications and creating agendas for all
city commission and quasi-judicial board meetings; and
WHEREAS, As part of this initiative, City departments are in the process of configuring
the workflows which include the type of notice need for the type of application being heard —
whether there is a public hearing notice requirement, whether mailed notice or posting is
required, and the time tables for producing said notice; and
WHEREAS, the notice provisions for each board are located throughout the code, and
are not easy to find, and the City is simultaneously proposing to amend Chapter 118 to create
118-8 to consolidate all notice procedures for land use boards in one, easy to read, and utilize
section of the Code; and
WHEREAS, the City intends to follow the same process with notice for and process of
appeal or rehearing of land use board quasi-judicial proceedings; and
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WHEREAS, this consolidation would also facilitate the implementation of the Energov
and NOVUS Agenda software systems and ensure that staff does not err in providing proper
notice and provide applicants, as well as the public with an easier to understand appellate
process; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
• SECTION 1. That Chapter 118 "Administration And Review Procedures," Article I "In General"
at Section 118-9, "Rehearing and appeal procedures", is hereby established, as follows:
Sec. 118-9 Reserved. Rehearing and appeal procedures.
The following requirements shall apply to all rehearings and appeals by land development
boards unless otherwise more specifically provided for in these land development regulations,
and applicable fees and costs shall be paid to the City as required under section 118-7 and
Appendix A to the City Code. As used herein, "land use board(s)" shall mean the board of
adjustment, design review board, historic preservation board and planning board.
jj Rehearings.
(1) The types of land use board decisions eligible for a rehearing are as follows:
A. Historic preservation board. historic preservation board order relating to the
issuance of a Certificate of Appropriateness, dig or demolition. Bert J. Harris
rehearing is separately addressed at subsection (a)(6), below.
B. Design review board, design review board final order relating to design review
approval, only.
C. Except as delineated above, rehearings are not available for any other
application, or for any other land use board action wi hout a fina order.
D. There shall onl be allowed one rehearin. for each final order arisin• from an
application, although multiple persons may participate in or request the
rehearing.
(2) Eligible rehearing applications shall be filed in accordance with the process as outlined
in subsections A through D below:
A. Timeframe to file. A petition for rehearing shall be submitted to the planning
director on or before the 15th day after the rendition of the board order. Rendition
shall be the date upon which a signed written order is executed by the board's
clerk.
B. Eligible parties. Parties eligible to file an application for rehearing are limited to:
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(i) Original applicant(s).
(ii) The city manager on behalf of the city administration
(iii) An affected person, which for purposes of this section shall mean either a
person owning property within 375 feet of the applicant's project reviewed
by the board, or a person that appeared before the board (directly or
represented by counsel), and whose appearance is confirmed in the record
of the board's public hearing(s) for such proiect.
(iv) Miami Design Preservation League
(v) Dade Heritage Trust
C. Application requirements. The petition to the board shall be in a writing that
contains all facts, law and argument, by or on behalf of an eligible party, and
demonstrate the following:
(i) Newly discovered evidence which is likely to be relevant to the decision of
the board, or
(ii) The board has overlooked or failed to consider something which renderers
the decision issued erroneous.
D. Notice requirements. All land use board applications eligible to request a
rehearing are subiect to the same noticing requirements as an application for a
•ublic hearin• in accordance with section 118-8 "Notice Procedures for 01 uasi-
Judicial Land Use Board Actions, and for Administrative Decisions Requiring Notice".
The rehearing applicant shall be responsible for all associated costs and fees.
(3) Outside Counsel to the Planning Department. In the event of a rehearing to the
applicable land use board, the planning director may engage the services of an attorney,
or utilize a separate, independent, attorney from the city attorney's office, for the purpose
of representing the administrative officer and planning staff during the rehearing.
(4) Actions by the applicable land use board. After the rehearing request is heard, the
applicable land use board may take the actions outlined in subsections (i) through (v)
below:
(i) Rehear or not rehear a case,
(ii) If the decision is to rehear the application, the board may take additional
testimony,
(iii) Reaffirm their previous decision,
(iv) Issue a new decision, and/or
(v) Reverse or modify the previous decision,
(5) Stay of work. A rehearing application to the applicable land use board stays all work on
the premises and all proceedings in furtherance of the board action; however, nothing
herein shall prevent the issuance of building permits or partial building permits
necessary to prevent imminent peril to life, health or property, as determined by the
building official.
(6) Tolling. See tolling provision under(c)(6).
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(7) Rehearings due to Bert J. Harris Claim. A petition for rehearing pursuant to a Harris
Act claim, the petition shall include the following documentation which shall be submitted
no later than 15 days after the submission of the petition for rehearing:
A. A bona fide, valid appraisal supporting the claim of inordinate burden and
demonstrating the loss, or expected loss, in fair market value to the real property
as a result of the board's action;
B. All factual data described in subsection 118-564(c) "Decisions on
certificates of appropriateness •rovided however in the event all or an •ortion
of the factual data was available to the applicant prior to the conclusion of the
public hearing before the historic preservation or joint design review
board/historic preservation board and the applicant failed to furnish same to the
board's staff as specified in subsection 118-564(c) "Decisions on certificates of
appropriateness", then, the board may, in its discretion, deny the applicant's
request to introduce such factual data;
C. A report prepared by a licensed architect or engineer analyzing the
financial implications of the requirements, conditions or restrictions imposed by
the board on the property or development proposed by the applicant with respect
to which the applicant is requesting a rehearing;
D. A report prepared by a licensed architect or engineer analyzing
alternative uses for the real property, if any;
E. A report prepared by a licensed architect or engineer determining
whether, as a result of the board action, the owner is permanently unable to
attain the reasonable, investment-backed expectation for the existing use of the
real property or a vested right to a specific use of the real property with respect to
the real property as a whole, or that the property owner is left with existing or
vested uses that are unreasonable; and
F. A report prepared by a licensed architect or engineer addressing the
feasibility, or lack of feasibility, of effectuating the board's requirements,
conditions or restrictions and the impact of same on the existing use of the real
property or a vested right to a specific use of the real property.
(b) Administrative appeal procedures:
(1) Decisions eligible for administrative appeals:
G. Planning Board Conditional Use Applications. An eligible party may appeal a
decision of the planning director to the planning board regarding a decision
reached on a conditional use application.
H. Board of Adjustment administrative appeals.
(i) With the exception of those items expressly identified within this section
for appeals of administrative decisions specifically delegated to the other
land use boards, the board of adjustment shall have the power and duty
to hear and decide appeals when it is alleged that there is error in any
order, requirement, decision, or determination made by an administrative
official in the enforcement of these land development regulations.
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(ii) An administrative a••eal •ursuant to subsection 118-397 b "Existence of
a nonconforming building or use."
I. Historic preservation board administrative appeals. An eligible party may
appeal a decision of the planning director regarding the following to the historic
preservation board:
(i) An administrative appeal pursuant to subsection 118-563(d)(1) or (3),
"Review procedure."
(ii) An administrative appeal pursuant to subsection 118-565,"Special review
procedure,"or
(iii) An administrative appeal pursuant to section 118-609 "Completion of
work."
J. Design review board administrative appeals. An eligible party may appeal a
decision of the planning director regarding the following administrative
determinations to the design board:
(i) An administrative a••eal •ursuant to subsection 118-395 "Re•air and/or
rehabilitation of nonconforming buildings and uses."
(ii) An administrative appeal pursuant to subsection 118-260 Special review
procedure,' or
(iii) An administrative appeal pursuant to subsection 142-108 "Provisions for
the demolition of single-family homes located outside of historic districts."
(2) Eligible administrative appeals shall be filed in accordance with the process as outlined
in subsections A through D below:
A. Timeframe to file:
(I) Planning board. A petition for an administrative appeal shall be submitted
to the planning director published a decision on the conditional use
application on or within 15 days after the date on which the director or
designee published a decision reached on a Conditional Use application.
For this section of the code, published shall mean the ruling being
released, in writing, and distributed by the planning director, or his
designee.
(ii) Board of adiustment. A petition for an administrative appeal shall be
submitted to the planning director on or before the 30th day after the date
of the publication of a refusal of a permit by, notice of violation, ruling,
decision or determination of, the building official or other administrative
official.
(iii) Historic preservation board. A petition for an administrative appeal
shall be submitted to the planning director on or before the 15th day after
the date on which the director or designee published a decision on
a••lications submitted •ursuant to subsection 118-563 d 1 "Review
•rocedure " •ertainin• to •round level additions to existin• structures and
subsection 118-563(d)(3) "Review procedure." pertaining to facade and
building restoration.
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(iv) Design review board. Administrative appeals shall be submitted to
the planning director on or before the 15th day after the date on which the
decision is published pursuant to either subsections 118-395 "Repair
and/or rehabilitation of nonconforming buildings and uses," or 142-108
"Provisions for the demolition of single-family homes located outside of
historic districts."
B. Eligible parties. Parties eligible to file an application for an administrative appeal are
limited to the following:
(i) Original applicant/property owner
(ii) The city manager on behalf of the city administration, except for
administrative a••eats •ursuant to sections 118-260 "Special review
procedure," 118-395 "Repair and/or rehabilitation of nonconforming
buildin•s and uses " 118-609 "Com•letion of work " and 142-108
"Provisions for the demolition of single-family homes located outside of
historic districts".
(iii) An affected person, which for purposes of this section shall mean a
person owning property within 375 feet of the site or application which is
the subject of the administrative appeal, except for administrative appeals
•ursuant to sections 118-260 "S•ecial review •rocedure, 118-395
"Repair and/or rehabilitation of nonconforming buildings and uses," 118-
609 "Completion of work,"and 118-260:!_Special review procedure."
(iv) Miami Design Preservation League, except for administrative appeals
•ursuant to sections 118-260 "S•ecial review •rocedure " 118-395
"Repair and/or rehabilitation of nonconforming buildings and uses." 118-
26ecial review procedure: 118-609 "Completion of work,'and 142-
108 "Provisions for the demolition of sin.le-famil homes located outside
of historic districts."
(v) Dade Heritage Trust, except for administrative appeals pursuant to
sections 118-260 "S•ecial review •rocedure " 118-395 "Re•air and/or
rehabilitation of nonconforming buildings and uses," 118-260 "Special
review procedure," 118-609 "Completion of work," and 142-108
"Provisions for the demolition of single-family homes located outside of
historic districts."
C. Application requirements. The following shall be required for all applications for
administrative appeals:
(i) The petition to the board shall be in writing; and
(ii) Shall be submitted by or on behalf of an eligible party; and
(iii) shall set forth the factual, technical, architectural, historic and legal bases
for the appeal; and
(iv) The party filing the appeal shall be responsible for providing all plans and
exhibits, subject to planning department procedures, as well as the
duplication of all pertinent plans and exhibits.
D. Notice requirements. All land use board applications eligible to request an appeal
are subject to the same noticing requirements as an application for a public hearing,
in accordance with section 118-8 "Notice Procedures for Quasi-Judicial Land Use
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Board Actions and for Administrative Decisions Re•uirin• Notice." The hearin•
applicant shall be responsible for all associated costs and fees.
(3) Outside Counsel to the Planning Department. In the event of an administrative
appeal to the applicable land use board, the planning director may engage the services
of an attorney, or utilize a separate, independent, attorney from the city attorney's office,
for the purpose of representing the administrative officer who made the decision that is
the subject of the appeal.
(4) Board Decisions on Administrative Appeals. The applicable land use board may,
upon appeal, reverse or affirm, wholly or partly, the order, requirement, decision, or
determination, and to that end shall have all the powers of the officer from whom the
appeal is taken. The concurring vote of five members of the applicable land use board
shall be necessary to reverse any order, requirement, decision, or determination of any
such administrative official or to decide in favor of the applicant on any matter upon
which the applicable land use board is required to pass under these land development
regulations.
No permit shall be issued for work prior to expiration of the appeal period or final
disposition of any appeal.
(5) Sta of Work and Proceedin•s on A• •eal. An administrative a••eal to the a••licable
board stays all work on the premises and all proceedings in furtherance of the action
appealed from, unless one of the exceptions below applies:
A. The official from whom the appeal was taken shall certify to the applicable land
use board that, by reason of facts stated in the certificate, a stay would cause
imminent peril to life or property. In such a case, proceedings or work shall not be
stayed except by a restraining order, which may be granted by the board or by a
court of competent jurisdiction, upon application, with notice to the officer from
whom the appeal is taken and for good cause shown; or
B. If the a••eal arises from an a.•lication for a •uasi-'udicial •ublic hearin• before a
land use board, the hearing before the board to which application was made may
proceed, provided any approval does not vest. The final order shall contain
appropriate conditions to stay its effectiveness until the final resolution of all
administrative and court proceedings. No building permit, or certificate of
occupancy, or business tax receipt, dependent upon such hearing approval, shall
be issued until the final resolution of all administrative and court proceedings as
certified by the city attorney. The applicant for such land use board hearing shall
hold the city harmless and agree to indemnify the city from any liability or loss
resulting from such proceedings. Notice of the final resolution of administrative
and court proceedings shall be provided as required for notice of hearings under
these land development regulations.
Appeals of land use board applications.
(1) Decisions of the following shall be final, and there shall be no further review thereof
except by resort to a court of competent jurisdiction by petition for writ of certiorari:
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A. Planning board.
B. Board of adjustment.
C. Design review board, with respect to variance decisions and administrative appeals,
only.
D. Historic preservation board, with respect to variance decisions and administrative
appeals, only.
E. Historic preservation special master.
(2) Decisions from the following may be appealed as noted:
A. Historic preservation board.
(i) Any applicant requesting an appeal of an approved application from the historic
preservation board (for a Certificate of Appropriateness only) shall be made to
the historic preservation special master, except that a land use board order
granting or denying a request for rehearing shall not be reviewed by the Historic
preservation special master.
(ii) The historic preservation special master shall meet the following requirements:
a. Historic preservation special master qualifications. Historic preservation
special masters appointed to hear appeals pursuant to this subsection shall be
attorneys who are members in good standing of the Florida Bar and have
expertise in the area of historic preservation.
b. Historic preservation special master terms. Historic preservation special
masters shall serve terms of three years, provided however, that they may be
removed without cause upon a majority vote of the city commission.
Compensation for historic preservation special masters shall be determined by
the city commission.
B. Design review board. Any applicant requesting an appeal of an approved application
from the design review board (for design review approval only) shall be made to
the city commission, except that orders granting or denying a request for
rehearing shall not be reviewed by the city commission.
(3) Eligible appeals of the design review board or historic preservation board shall be filed in
accordance with the process as outlined in subsections (a) through (d) below:
A. Timeframe to file. A petition for an appeal shall be submitted to city clerk on or
before the 20th day after the rendition of the board order. Rendition shall be the date
upon which a signed written order is executed by the board's clerk.
B. Eligible parties to file an application for an appeal are limited to the following:
(i) Original applicant
(ii) The city manager on behalf of the city administration
(iii) An affected person, which for purposes of this section shall mean either a person
owning property within 375 feet of the applicant's project reviewed by the board,
or a person that appeared before the board (directly or represented by counsel),
and whose appearance is confirmed in the record of the board's public hearing(s)
for such project.
(iv) Miami Design Preservation League
(v) Dade Heritage Trust
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C. Application requirements:
(i) The appeal shall be in writing, and include all record evidence, facts, law and
arguments necessary for the appeal (this appellate document shall be called the
"brief"); and
(ii) shall include all applicable fees, as provided in appendix A; and
(iii) shall be by or on behalf of a named appellant(s); and
(iv) shall state the factual bases and legal argument in support of the appeal; and
(v) a full verbatim transcript of all proceedings which are the subject of the appeal
shall be provided by the party filing the petition, along with a written statement
identifying those specific portions of the transcript upon which the party filing it
will rely for purposes of the appeal. The verbatim transcript and written statement
shall be filed no later than two weeks prior to the first scheduled public hearing to
consider the appeal.
D. Notice requirements. All applications for an appeal of the design review board or
historic preservation board are subject to the same noticing requirements as an
application for a public hearing, in accordance with section 118-8 "Notice Procedures
for Quasi-Judicial Land Use Board Actions, and for Administrative Decisions
Requiring Notice."The appeal applicant shall be responsible for all associated costs
and fees.
(4) Action. In order to reverse, amend, modify, or remand amendment, modification, or
rehearing the decision of the board, the city commission (for design review board
appeals), and the historic preservation special master (for historic preservation board
appeals of Certificates of Appropriateness, Dig or Demolition), shall find that the board
did not comply with any of the following:
(i) Provide procedural due process;
(ii) Observe essential requirements of law; and
(iii) Based its decision upon substantial competent evidence.
The decision on the appeal shall be set forth in writing, and shall be promptly mailed to
all parties to the appeal. In order to reverse, or remand, a five-sevenths vote of the city
commission is required for appeals of the design review board to the city commission.
(5) Stay of work and proceedings on appeal. An appeal of a board order stays all work
on the premises and all proceedings in furtherance of the action appealed from, unless
one of the exceptions below applies:
(i) A stay would cause imminent peril to life or property. In such a case, proceedings
or work shall not be stayed except by a restraining order, which may be granted
by the board or by a court of competent jurisdiction, upon application for good
cause shown; or
(ii) If the appeal arises from an application for development review board hearing or
other approval requiring a hearing before a land use board, the final order shall
contain appropriate conditions to stay its effectiveness until the final resolution of
all administrative and court proceedings. No building permit, or certificate of
occupancy, or business tax receipt, dependent upon such hearing approval, shall
be issued until the final resolution of all administrative and court proceedings as
certified by the city attorney. The applicant for such land use board hearing shall
hold the city harmless and agree to indemnify the city from any liability or loss
resulting from such proceedings. Notice of the final resolution of administrative
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and court proceedings shall be provided as required for notice of hearings under
these land development regulations. Notwithstanding the foregoing, an appeal to
the board or court, or other challenge to an administrative official's decision, shall
neither stay the issuance of any building permit, full building permit or phased
building permit nor stay the running of the required time period set by board order
or these land development regulations to obtain a full building permit or phased
building permit.
(6) Tolling during all appeals. Notwithstanding the provisions of Section 118-193(2)
"Applications for conditional uses 118-258(c) "Building_permit applications°' 118-532M
"Proceedin.s before the historic •reservation board " or 118-564(11) "Decisions on
certificates of appropriateness," in the event the original decision (board order) of the
applicable board, is timely appealed, the applicant shall have 18 months, or such lesser
time as may be specified by the board, from the date of final resolution of all
administrative and/or court proceedings to obtain a full building permit, a certificate of
occupancy, a certificate of use or a certificate of completion, whichever occurs first. This
tolling provision shall only be applicable to the original approval of the board and shall
not apply to any subsequent requests for revisions or requests for extensions of time.
Section 2. That Chapter 118, "Administration And Review Procedures," Article II "Boards",
Division 3 "Design Review Board, at Section 118-71, "Powers and Duties", is hereby amended,
as follows:
Sec. 118-71. - Powers and duties.
The design review board shall have the following powers and duties:
(5) To hear and decide appeals of the planning director --- =';=•'= - - - - -- - - - -
section 118 260.
* * *
SECTION 3. That Chapter 118, "Administration And Review Procedures," Article II "Boards,"
Division 5 "Board of Adjustment" at Section 118-134, "Notification of hearings", is hereby
amended, as follows:
Sec. 118-134. — Reserved. .
has been held, At least 30 days prior to the public hearing date, a description of the request,
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SECTION 4. That Chapter 118, "Administration And Review Procedures," Article II "Boards,"
Division 5 "Board of Adjustment," at Section 118-136, "Powers and duties", is hereby amended,
as follows:
Sec. 118-136. - Powers and duties.
(a) The board of adjustment shall have the following powers and duties:
(1) To hear and decide appeals pursuant to the procedural requirements of Section 118-9.
when it is alleged that there is error in any order, requirement, decision, or
determination made by an administrative official in the enforcement of these land
and section 118 262. In the event of an administrative appeal to the board of
purpose of representing the administrative officer who made the decision that is the
vote of five members of the board shall be necessary to reverse any order,
(b) The board of adjustment shall serve as the city's floodplain management board in
reviewing applications for properties within its jurisdiction and shall have the authority to
exercise all powers and perform all duties assigned to such board pursuant to section 54-31
et seq. and Resolution No. 93-20698, and in accordance with the procedures set forth therein
as such ordinance and resolution may be amended from time to time. For the purposes of
determining jurisdiction, the criteria in section 118-351(a) shall be utilized.
SECTION 5. That Chapter 118, "Administration And Review Procedures," Article II "Boards,"
Division 5 "Board of Adjustment," at Section 118-137, "Stay of work and proceedings on
appeal", is hereby amended, as follows:
Sec. 118-137. Reserved.
furtherance of the action appealed from, unls one of the exceptions in subsection (2)
aPigie&,
(2) Exceptions.
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be provided as required for notice of hearings under these land development
res .
SECTION 6. That Chapter 118, "Administration And Review Procedures," Article II "Boards,"
Division 5 "Board of Adjustment," at Section 118-138, "Appeal of board of adjustment's
decision", is hereby amended, as follows:
Sec. 118-138. Reserved. .
SECTION 7. That Chapter 118, "Administration And Review Procedures," Article IV "Conditional
Use Procedures," at Section 118-193, "Applications for conditional uses", is hereby amended,
as follows:
Sec. 118-193. -Applications for conditional uses.
Applications for approval of a conditional use shall be submitted to the planning
department, which shall prepare a report and recommendation for consideration by the planning
board, and when required, by the city commission.
(1) Site plan required. Each application for a conditional use permit shall be accompanied
by a site plan meeting the requirements of section 118-1, and such other information
as may be required for a determination of the nature of the proposed use and its effect
on the comprehensive plan, the neighborhood and surrounding properties.
(2) Expiration of Orders of Planning Board Time limitations
a. An applicant shall have up to 18 months, or such lesser time as may be specified
by the board, from the date of the board meeting at which a conditional use was
granted to obtain a full building permit, a certificate of occupancy, a certificate of
use or a certificate of completion, whichever occurs first. The foregoing 18-month
time period, or lesser time period, includes the time period during which an appeal
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of the decision of the planning board may be filed. If the applicant fails to obtain a
full building permit within 18 months, or such lesser time period as is specified, of
the board meeting date at which a conditional use was granted and/or construction
does not commence and proceed in accordance with said permit and the
requirements of the applicable Florida Building Code, the conditional use shall be
deemed null and void. Extensions for good cause, not to exceed a total of one
year for all extensions, may be granted by the planning board, provided the
applicant submits a request in writing to the planning and zoning director no later
than 90 calendar days after the expiration of the original approval, showing good
cause for such an extension. At the discretion of the planning director, an applicant
may have up to 30 days (not to extend beyond 30 months from the date of original
approval) to complete the building permit review process and obtain a full building
permit, provided that within the time provided by the board to obtain a full building
permit a valid full building permit application and plans have been filed with the
building department, a building permit process number has been issued and the
planning department has reviewed the plans and provided initial comments.
shall have 18 months, 19F—sushi--Icsscr time as may be specified by the board, from
for revisions or requests for extensions of time.
Please refer to 118-9 relating to appealed orders, and tolling.
issued.
approve one extension of time of up to three months to obtain a building
permit, or one extension of time of up to six months to complete all
3. The public notice requirements shall be satisfied by placing the request on the
board's agenda. Appeal- of the board's decision shall be to the city
commission. A five sevenths vote of the commission shall be required to
requested. The appeal shall be filed within 30 days of the date on which the
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SECTION 8. That Chapter 118, "Administration And Review Procedures," Article IV "Conditional
Use Procedures," at Section 118-197, "Review of conditional use decisions", is hereby
amended, as follows:
Sec. 118-197. — Reserved.
receipt of the appeal.
(1) Provide procedural due process;
{2) Observe essential requirements of law; or
{3) Base his/her decision upon substantial competent evidence.
all parties to the appeal
(c) An applicant, the city manager, on behalf of the administration, the owner of property
SECTION 9. That Chapter 118, "Administration And Review Procedures," Article VI "Design
Review Board Procedures," at Section 118-258, "Building permit application", is hereby
amended, as follows:
Sec. 118-258. - Building permit application.
(c) Expiration of orders of the Design Review Board. No building permit, full building permit or
phased development permit shall be issued for any plan subject to design review except in
conformity with the approved plans. The applicant shall have up to 18 months, or such
lesser time as may be specified by the board, from the date of the board meeting at which
design review approval was granted to obtain a full building permit or a phased
development permit. The foregoing 18-month time period includes the 20 day time period
during which an appeal of the decision of the design review board may be filed, pursuant to
the requirements of Section 118-9. If the applicant fails to obtain a full building permit or a
phased development permit within 18 months, or such lesser time as may be specified by
the board, of the board meeting date at which design review approval was granted, and/or
construction does not commence and proceed in accordance with said permit and the
requirements of the applicable Florida Building Code, all staff and board approvals shall be
14
deemed null and void. Extensions for good cause, not to exceed a total of one year for all
extensions, may be granted by the board, at its sole discretion, provided the applicant
submits a request in writing to the planning director no later than 90 calendar days after the
expiration of the original approval, showing good cause for such an extension. At the
discretion of the planning director, an applicant may have up to 30 days (not to extend
beyond 30 months from the date of original approval) to complete the building permit review
process and obtain a full building permit, provided that within the time provided by the board
to obtain a full building permit a valid full building permit application and plans have been
filed with the building department, a building permit process number has been issued and
the planning department has reviewed the plans and provided initial comments.
planning board, the applicant shall have 18 months, or such lesser time as may be
Please refer to 118-9 relating to appealed orders, and tolling.
SECTION 10. That Chapter 118, "Administration And Review Procedures," Article VI "Design
Review Board Procedures," at Section 118-260, "Special review procedure", is hereby
amended, as follows:
Sec. 118-260. —Administrative Review Procedures .
(a) The planning director or designated representative, shall have the authority to approve,
approve with conditions or deny an application on behalf of the board, for 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, any waterfront or public park.
For those lots which are greater than 10,000 square feet, the floor area of the proposed
addition may not exceed ten 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 alterations, renovations and restorations which are minor in
nature.
(4) Minor demolition and alterations to address accessibility, life safety, mechanical and
other applicable code requirements.
(5) Minor demolition and alterations to rear and secondary facades to accommodate
utilities, refuse disposal and storage.
(6) Minor work associated with the public interiors of buildings and those interior portions
of commercial structures which front a street or sidewalk.
15
(7) Minor work involving public improvements upon public rights-of-way and easements.
(8) Minor work which is associated with rehabilitations and additions to existing buildings,
or the construction, repair, or rehabilitation of new or existing walls, at-grade parking
lots, fences.
The director's decision shall be based upon the criteria listed in this article. The applicant
may appeal a decision of the planning director to the design review board, pursuant to the
procedural requirements of Section 118-9. e- ._ - _ - _ __ .__ '_ - '= - _ _- -_ _ --•-- .
SECTION 11. That Chapter 118, "Administration And Review Procedures," Article VI "Design
Review Board Procedures," at Section 118-261, "Rehearings", is hereby amended, as follows:
Sec. 118-261. Reserved._- Rehearin
The design review board may hear a petition for rehearing by—any—person—identified—kg
. . . . . . . . . . . . . .
overlooked or failed to consider something which renders the decision issued erroneous. A
signed, written order is filed with the board's clerk, and an order shall be deemed "filed" when a
fully executed order is returned to, and is in the possession of, the clerk. An order will issue on
and shall be the responsibility of the person requesting the rehearing.
SECTION 12. That Chapter 118, "Administration And Review Procedures," Article VI "Design
Review Board Procedures," at Section 118-262, "Review of design review decisions", is hereby
amended, as follows:
Sec. 118-262. Reserved.- Review of design review decisions.
order of the design review board by the city commission, except that orders granting or
this section, "affected person" shall mean either(i) a person owning property within 375 feet
design review board (directly or represented by counsel), and whose appearance is
16
of the board's order on the petition. Upon receipt of the request, the city clerk shall place
by the party filing the petition, along with a written statement identifying those specific
The verbatim transcript and written- statement, or if represented by legal—eaunzei,
appropriate legal briefs, shall be filed no later than two weeks prior to the first scheduled
{1) Provide procedural due process;
(2) Observe essential requirements of law; or
In order to reverse, or remand a five-sevenths vote of the city commission is required. The city
parties to the review.
SECTION 13. That Chapter 118, "Administration And Review Procedures," Article VI "Design
Review Board Procedures, "at Section 118-263, "Stay during rehearings/reviews/appeals", is
hereby amended, as follows:
Sec. 118-263. Reserved - _ _ . • . . e .
SECTION 14. That Chapter 118, "Administration And Review Procedures," Article VII
"Procedures for Variances," at Section 118-352, "Procedure", is hereby amended, as follows:
Sec. 118-352. — Reserved. lareGedure.
17
SECTION 15. That Chapter 118, "Administration And Review Procedures," Article VII
"Procedures for Variances," at Section 118-358, "Appeal of variance decision", is hereby
amended, as follows:
Sec. 118-358. Reserved.
The decision of the board of adjustment, historic preservation board, or design review
board, solely, with respect to variances shall be final. There shall be no further review of the
SECTION 16. That Chapter 118, "Administration And Review Procedures," Article IX
"Nonconformances," at Section 118-395, "Repair and/or rehabilitation of nonconforming
buildings and uses", is hereby amended, as follows:
Sec. 118-395. - Repair and/or rehabilitation of nonconforming buildings and uses.
* * *
(b) Nonconforming buildings.
* * *
(2) Nonconforming buildings which are repaired or rehabilitated by more than 50 percent
of the value of the building as determined by the building official, shall be subject to the
following conditions:
* * *
e. Development regulations for buildings not located within a designated historic
district and not an historic site.
* * *
3. For purposes of this subsection, the planning director, or designee shall make
a determination as to whether a building is architecturally significant according
to the following criteria:
i. The subject structure is characteristic of a specific architectural style
constructed in the city prior to 1965, including, but not limited to,
vernacular, Mediterranean revival, art deco, streamline moderne, post-
war modern, or variations thereof;
ii. The exterior of the structure is recognizable as an example of its style
and/or period, and its architectural design integrity has not been modified
in an irreversible manner; and
18
iii. Exterior architectural characteristics, features, or details of the subject
structure remain intact.
A property owner may appeal any determination of the planning director, or
designee relative to the architectural significance of a building constructed
prior to 1965 to the design review board, in accordance with the requirements
and procedures pursuant to the requirements of Section 118-9. article VI
herein.
SECTION 17. That Chapter 118, "Administration And Review Procedures," Article IX
"Nonconformances," at Section 118-397, "Existence of a nonconforming building or use", is
hereby amended, as follows:
Sec. 118-397. - Existence of a nonconforming building or use.
(a) The planning and zoning director shall make a determination as to the existence of a
nonconforming use or building and in so doing may make use of affidavits and investigation
in addition to the data presented on the city's building card, occupational license or any
other official record of the city.
(b) The question as to whether a nonconforming use or building exists shall be a question of
fact and in case of doubt or challenge raised to the determination made by the planning and
zoning director, the question shall be decided by appeal to the board of adjustment
pursuant to the requirements of Section 118-9. after public notice and hearing and in
accordance with the procedures set forth in section 118-134. In making the determination
the board may require certain improvements that are necessary to insure that the
nonconforming use or building will not have a negative impact on the neighborhood.
SECTION 18. That Chapter 118, "Administration And Review Procedures," Article X "Historic
Preservation," at Section 118-532, "Proceedings before the historic preservation board", is
hereby amended, as follows:
Sec. 118-532. - Proceedings before the historic preservation board.
* * *
(f) Timeframes to obtain a building permit. The applicant shall have up to 18 months, or such
lesser time as may be specified by the board, from the date of the board meeting at which a
certificate of appropriateness was issued to obtain a full building permit or a phased
development permit. The foregoing 18-month time period, or such lesser time as may be
specified by the board, includes the time period during which an appeal of the decision of
the historic preservation board may be filed. If the applicant fails to obtain a full building
permit or a phased development permit within 18 months, or such lesser time as may be
specified by the board, of the board meeting date at which a certificate of appropriateness
was granted and/or construction does not commence and proceed in accordance with said
permit and the requirements of the applicable Florida Building Code, the certificate of
appropriateness shall be deemed null and void. Extensions for good cause, not to exceed a
total of one year for all extensions, may be granted by the historic preservation board, at its
sole discretion, provided the applicant submits a request in writing to the planning
department no later than 90 calendar days after the expiration of the original approval,
setting forth good cause for such an extension. At the discretion of the planning director, an
19
applicant may have up to 30 days (not to extend beyond 30 months from the date of original
approval) to complete the building permit review process and obtain a full building permit,
provided that within the time provided by the board to obtain a full building permit a valid full
building permit application and plans have been filed with the building department, a
building permit process number has been issued and the planning department has
reviewed the plans and provided initial comments. :‘•.. - - _ -- _ "==•-=, --
• - • • •• e -- .- • •.• . •- •. - e . -e - - .. -.
any subsequent requests for revisions or requests for extensions of time.
Please refer to 118-9 relating to appealed orders, and tolling.
SECTION 19. That Chapter 118, "Administration And Review Procedures," Article X "Historic
Preservation," at Section 118-536, "Variances prohibited", is hereby amended, as follows:
Sec. 118-536. -Variances prohibited.
No variances shall be granted by the zoning board of adjustment from any of the provisions
or requirements of this section; provided, however, the foregoing prohibition shall not limit or
restrict an applicant's right to a rehearing or to appeal decisions of the historic preservation
board.
SECTION 20. That Chapter 118, "Administration And Review Procedures," Article X "Historic
Preservation," at Section 118-537, "Rehearings and appeals", is hereby amended, as follows:
Sec. 118-537. Reserved.—Rehearings-and-appeals,
{a) Rehearings.
the owner(s) of the subject property, the city manager, an affected person, Miami
Design Preservation League, or Dade Heritage Trust. For purposes of this section,
of the board's public hearing(s)- for such project. The petition for rehearing must
demonstrate to the board that:
a. There is newly discovered evidence which is likely to be relevant to the decision of
b. The board has overlooked or failed- to consider something which renders the
20
c. The board's action or order:
• - ` i S - _•
Private Property Rights Protection Act, F.S. § 70.001 et seq., (referred to
herein as the "Harri&-Astand
as a "Harris Act claim").
As used herein, the phrasc* "inordinate burden" or "inordinately burden," "existing
use" and "vested right to a specific use" shall have same meanings ascribed to
{2) A petition for rehearing shall be in writing, shall be by or on behalf of a named
appellant(s), and shall be submitted to the planning director on or before the fifteenth
date of rendition of the order imposing the condition. For purposes of this article, the
• •
a. A bona fide, valid appraisal supporting the claim of inordinate burden and
demonstrating the loss, or expected loss, in fair market value to the real property
as a result of the board's action;
b. All factual data described in subsection 118 561(c); provided, however, in the
c. A report prepared by a licensed architect or engineer analyzing the financial
•
the Foal PfePect if an i•
,
result of the board action, the owner is permanently unable to attain the
lack of feasibility, of effectuating the board's requirements, conditions or
21
based on a Harris Act claim and the board concludes that the action or order
(b) Appeals. •_ -r .. . •_ e- _ . -e e- .- -.
on the record of the hearing before the board, shall not be a de novo hearing, and no
rendition of the board's order regarding the petition. Within 30 days of receipt of the
except that there shall be no requirement for mailed notification regarding the subject
a. Provide procedural due process;
b. Observe essential requirements of law; or
22
•
c. Base its decision upon substantial competent evidence.
appeal
the area of historic preservation. Special masters shall serve terms of three years,
city commission. Compensation for special masters shall be determined by the city
I A . .. . -- .- - e.-- -. -- . 11' ..• •- '- -
- -r ■ - -- - - - .. ..- --
SECTION 21. That Chapter 118, "Administration And Review Procedures," Article X "Historic
Preservation," Division 3 "Certificate of Appropriateness/Certificate of Dig/Certificate of
Appropriateness for Demolition," at Section 118-563, "Review procedure", is hereby amended,
as follows:
Sec. 118-563. - Review procedure.
(e) -- - - -- -- - - - - • - - --. •- : - - - --. _ '-- -_: _-
• - - - • - _ - _ _ _ -_ _ -e e- ' . ••- . _ ---_ aAny decision of the staff regarding
subsections 118-563(d)(1) and subsection 118-563(d)(3), may be appealed to the historic
preservation board pursuant to the requirements of Section 118-9. by filing a notice of
decision. No permit shall be issued for work prior to expiration of the appeal period or final
disposition of any appeal. - -- -- - _ -• - e -. •_ _ - . _• _ _ _ - - -_ - - - -e
* * *
SECTION 22. That Chapter 118, "Administration And Review Procedures," Article X "Historic
Preservation," Division 3 "Certificate of Appropriateness/Certificate of Dig/Certificate of
Appropriateness for Demolition," at Section 118-564, "Decisions on certificates of
appropriateness", is hereby amended, as follows:
Sec. 118-564. - Decisions on certificates of appropriateness.
* * *
(11)Expiration of order of Board. The applicant shall have up to 18 months, or such lesser
time as may be specified by the board, from the date of the board meeting at which a
23
certificate of appropriateness for demolition was granted to obtain a full building permit
or a phased development permit. The foregoing 18-month time period or such lesser
time as may be specified by the board, includes the time period during which an appeal
of the decision of the historic preservation board may be filed. If the applicant fails to
obtain a full building permit or a phased development permit within 18 months, or such
lesser time as may be specified by the board, of the board meeting date at which a
certificate of appropriateness for demolition was granted and/or construction does not
commence and proceed in accordance with said permit and the requirements of the
applicable Florida Building Code, the certificate of appropriateness for demolition shall
be deemed null and void. Extensions for good cause, not to exceed a total of one year
for all extensions, may be granted by the historic preservation board, at its sole
discretion, provided the applicant submits a request in writing to the planning
department no later than 90 calendar days after the expiration of the original approval,
setting forth good cause for such an extension. At the discretion of the planning
director, an applicant may have up to 30 days (not to extend beyond 30 months from
the date of original approval) to complete the building permit review process and obtain
a full building permit, provided that within the time provided by the board to obtain a full
building permit a valid full building permit application and plans have been filed with the
building department, a building permit process number has been issued and the
planning department has reviewed the plans and provided initial comments.
Notwithstanding the foregoing, in the event the original decision of the historic
- - --
lesser time as may be specified by the board, from the date of final resolution of all
apply to any subsequent requests f r revisions or requests for extensions of time.
Please refer to 118-9 relating to appealed orders, and tolling.
SECTION 23. That Chapter 118, "Administration And Review Procedures," Article X "Historic
Preservation," Division 3 "Certificate of Appropriateness/Certificate of Dig/Certificate of
Appropriateness for Demolition," at Section 118-565, "Special review procedure", is hereby
amended, as follows:
Sec. 118-565. -Special review procedure.
For minor exterior structural repairs, alterations and improvements, associated with single-
family homes located within designated historic districts, that are visible from a public way, or
work that affects the exterior of the building associated with rehabilitations and additions to
existing buildings, the planning director, or designee, shall have the authority to approve,
approve with conditions or deny an application on behalf of the board. The director's decision
shall be based upon the criteria listed in this article. Any appeal of the decision of the planning
director shall be filed pursuant to the requirements of Section 118-9. - Rehearing and appeal
procedures. -- •=- -= : . --- --- - - -- A - -' - - - -- - - ---- '-- e_ -.
24
SECTION 24. That Chapter 118, "Administration And Review Procedures," Article X "Historic
Preservation," Division 5 "Single Family Ad Valorem Tax Exemption," at Section 118-609,
"Completion of work", is hereby amended, as follows:
Sec. 118-609. -Completion of work.
(e) If the planning director, or designee determines that the work as complete is not in
compliance with the plans approved pursuant to city commission approval of the tax
exemption, the applicant shall be advised that the final request for review of completed
work has been denied. Such denial shall be in writing and provide a written summary of the
reasons for the determination, including recommendations to the applicant concerning the
changes to the proposed work necessary to bring it into compliance with the approved
plans. The applicant may file an appeal of the decision of the planning director, or designee,
pursuant to the requirements of Section 118-9. - - - _ _ . _ _ _ _-_. •_ .
SECTION 25. That Chapter 142 "Zoning Districts and Regulations." Article II "District
Regulations, Division 2 "RS-1, RS-2, RS-3, RS-4 Single Family Residential Districts" at Section
142-108, "Provisions for the demolition of single-family homes located outside of historic
districts," is hereby amended, as follows:
* * *
(b) Appeals. - --- -- - - - - --- . _ .. • . - _ _ -- _ .- _ _ -_ • : -
tThe decision of the planning director, or designee, which
shall bear the presumption of correctness, pertaining to the architectural significance
of a single-family home, may be appealed to the design review board, pursuant to the
requirements of Section 118-9. within ten days of the rendering of such decision. No
demolition permit may be issued within any appeal period, and if an appeal is filed,
while the appeal is pending. The appeal shall be in writing, shall set forth the factual,
design review board (DRB)
* * *
SECTION 26. 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 27. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
25
SECTION 28. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 29. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 1 day of DeCehlb-P
///
PhiliR'V'--/V for
ATTEST:
.•
�1
R. ael E. ad_"- ,Y•le•;" ••,j +i+
••
0
.1
P‘ ::INCORP ORATED.
4010,
First Reading: October 14, 2015 APPROVED AS TO
Second Reading: FORM &LANGUAGE
&FOR EXECUTION
Verified by: 1 Itr.airh:, l 1 )' 0
Thomas R. M•oney, A CHy Attorney
Planning Planning Director
r
Underscore denotes new language
Strikethfaugh denotes removed language
[Sponsored by Commissioner Grieco]
F:\T_Drive\AGENDA\2015\December\PLANNING\Rehearing and Appeal Procedures-Final 1st Reading.docx
26