2016-4044 Ordinance SINGLE FAMILY HOME — NON ARCHITECTURALLY SIGNIFICANT -
DEMOLITION PROCEDURES
ORDINANCE NO 2016-4044
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS (LDR's) OF THE CITY CODE, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION
2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL
DISTRICTS," SECTION 142-108, "PROVISIONS FOR THE
DEMOLITION OF SINGLE-FAMILY HOMES LOCATED OUTSIDE OF
HISTORIC DISTRICTS;" BY AMENDING THE REQUIREMENTS AND
PROCEDURES FOR THE ISSUANCE OF A DEMOLITION PERMIT
FOR SINGLE FAMILY HOMES THAT ARE NOT ARCHITECTURALLY
SIGNIFICANT; CREATING SUBSECTION (j), ENTITLED ISSUANCE
OF DEMOLITION PERMITS FOR SINGLE FAMILY HOMES THAT ARE
NOT ARCHITECTURALLY SIGNIFICANT; PROVIDING FOR FINES ,
APPEALS AND ENFORCEMENT; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote
the public health, safety and general welfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs")
provides for the regulation of land within the City; and
WHEREAS, the City's LDRs do not currently provide for any formal demolition rules
or procedures when a total demolition permit is requested for a single family structure that is
not located within the boundaries of a Local Historic District, not individually designated as
an Historic Site or Historic Structure or has not been determined to be an Architecturally
Significant Pre-1942 Single Family Home; and
WHEREAS, it is appropriate for the City to adopt criteria in the LDRs by which formal
demolition rules and procedures are codified for all single family structures located within the
City; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District
Regulations," Division 2, "Single Family Residential Districts," of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
DIVISION 2. RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS
Sec. 142-108. - Provisions for the demolition of single-family homes located outside
of historic districts.
(f) Issuance of demolition permits for architecturally significant single family homes.
(1) Emergency demolition orders. This section shall not supersede the
requirements of the applicable building code with regard to unsafe structures
and the issuance of emergency demolition orders, as determined by the
building official.
(2) A demolition permit for the total demolition of an architecturally significant
single-family home constructed prior to 1942, shall not be issued unless all of
the following criteria are satisfied:
a: the issuance of a building permit process number for new construction;
b. the building permit application and all required plans for the new
construction shall be reviewed and approved by the Planning Department;
c. all applicable fees for the new construction shall be paid, including, but not
limited to, building permit and impact fees, as well as applicable
concurrency and parking impact fees;
d. a tree survey, if required, shall be submitted and a replacement plan, if
required, shall be reviewed and approved by the Grcencpace
Urban Forestry in the Environment & Sustainability
Department.
* * *
(j) Issuance of demolition permits for single family homes that are not architecturally
significant.
(1) Emergency demolition orders. This section shall not supersede the
requirements of the applicable building code with regard to unsafe structures
and the issuance of emergency demolition orders, as determined by the
building official.
(2) A demolition permit for the total demolition of any single-family home that is
not architecturally significant, regardless of year of construction, shall not be
issued unless all of the following criteria are satisfied:
a. Obtain a building permit process number, which shall require:
(i) a building permit process number for new construction;
(ii) the building permit application and all required plans for the new
construction, or proposed improvements to a lot that is abutting an
aggregated lot with an existing single family home, shall be reviewed
and approved by the Planning Department;
(iii) all applicable fees for the new construction, or proposed
improvements to a lot that is abutting an aggregated lot with an
existing single family home, shall be paid, including, but not limited to,
building permit and impact fees, as well as applicable concurrency
and parking impact fees;
(iv) a tree survey, if required, shall be submitted and a replacement plan,
if required, shall be reviewed and approved by the Urban Forestry in
the Environment & Sustainability Department.
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b. Or, alternatively, be required to comply with the following:
(i) A tree survey, if required, shall be submitted and a replacement plan,
if required, shall be reviewed and approved by the Urban Forestry in
the Environment & Sustainability Department.
(ii) The demolition permit shall indicate that the entire property shall be
raised to sidewalk grade, or the crown of the road, upon the
completion of demolition, with approved base material.
(iii) The demolition permit shall indicate that drought and salt tolerant
sod, such as bahia sod or seashore paspalum sod shall be
installed on the entire site and hedge material shall be installed along
the entire perimeter of the property.
(iv) Fencing for the property, if any, shall only consist of aluminum picket
along the entire perimeter of the property.
(v) The raising of the site to sidewalk grade and the installation of all
required landscaping must be completed within 10 days of the
completion of demolition.
(vi) All landscaping required herein shall be installed and maintained as
required by the demolition permit and the City's Landscaping Code,
until such time as new construction is authorized and commences.
(3) Penalties and enforcement. The code compliance department is empowered
and authorized to require compliance with this section within 30 days of written
notice to violators.
(4) The following civil fines shall be imposed for a violation of this subsection
142-108(j)(2)b.:
a. First violation within a 12-month period: $2,500.00;
b. Second violation within a 12-month period: $5,000.00;
c. Third violation within a 12-month period: $7,500.00;
d. Fourth or subsequent violation within a 12-month period: $10,000.00.
(5) Enforcement of subsection 142-108(j)(2)b. The code compliance department
shall enforce subsection 142-108(j)(2)b. The notice of violation shall inform the
violator of the nature of the violation, amount of fine for which the violator is liable,
instructions and due date for paying the fine, that the violation may be appealed by
requesting an administrative hearing before a special master within ten (10) days
after service of the notice of violation, and that the failure to appeal the violation
within ten (10) days of service shall constitute an admission of the violation and a
waiver of the right to a hearing.
(6) Rights of violators of subsection 142-108(i)(2)b.; payment of fine; right to
appear; failure to pay civil fine or to appeal; appeals from decisions of the special
master.
a. A violator who has been served with a notice of violation must elect to
either
(i) pay the civil fine in the manner indicated on the notice of violation; or
3
(ii) request an administrative hearing before a special master to appeal
the notice of violation, which must be requested within ten (10) days of
the service of the notice of violation.
b. The procedures for appeal by administrative hearing of the notice of
violation shall be as set forth in sections 30-72 and 30-73 of this Code.
Applications for hearings must be accompanied by a fee as approved by a
resolution of the city commission, which shall be refunded if the named
violator prevails in the appeal.
c. The failure to pay the civil fine, or to timely request an administrative
hearing before a special master, shall constitute a waiver of the violator's
right to an administrative hearing before the special master, and shall be
treated as an admission of the violation, for which fines and penalties shall
be assessed accordingly.
d. A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal
property owned by the violator, which may be enforced in the same
manner as a court judgment by the sheriffs of this state, including levy
against the violator's real or personal property, but shall not be deemed to
be a court judgment except for enforcement purposes. Three (3) months
after the recording of any such lien which remains unpaid, the city may
foreclose or otherwise execute upon the lien, for the amount of the lien
plus accrued interest.
e. The special master shall be prohibited from hearing the merits of the notice
of violation or considering the timeliness of a request for an administrative
hearing if the violator has failed to request an administrative hearing within
ten (10) days of the service of the notice of violation.
f. The special master shall not have discretion to alter the penalties
prescribed in this section.
q. Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION
It is the intention of the City Commission, 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 as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
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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 i9 day of /' 1 i ' - ;6.
/ Mayor
I/
ATTEST•
AMI CS 2 • •
City ' lerk
o` \ B '44 APPROVED AS TO
• 1P-V....'..
• .,'s� . V .-S'' FORM AND LANGUAGE roramow„ FOR EXECUTION
:
1 * `:INCORP ORATED: e ( (i.4 ( ill
,, r City Attorney : Date
First Reading: September���!;� F)� �r'�
fi)
Second Reading: October 19, i'1�_:,,H 2 �
9 r."
etVerified by:
Thomas R. Mooney, AIC'
Planning Director
Underline denotes new language
Str-iketlafeugh denotes deleted language
[Sponsored by Commissioner Malakoff]
T:WGENDA\2016\September\Planning\SFH Demolition Procedures-First Reading ORD.docx
5
Ordinances - R5 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 19, 2016
10:35 a.m. Second Reading Public Hearing
SUBJECT: SINGLE FAMILY HOME — NON ARCHITECTURALLY SIGNIFICANT -
DEMOLITION PROCEDURES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR's) OF THE CITY CODE, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY
RESIDENTIAL DISTRICTS," SECTION 142-108, "PROVISIONS FOR THE
DEMOLITION OF SINGLE-FAMILY HOMES LOCATED OUTSIDE OF HISTORIC
DISTRICTS;" BY AMENDING THE REQUIREMENTS AND PROCEDURES FOR
THE ISSUANCE OF A DEMOLITION PERMIT FOR SINGLE FAMILY HOMES
THAT ARE NOT ARCHITECTURALLY SIGNIFICANT; CREATING SUBSECTION
(J), ENTITLED ISSUANCE OF DEMOLITION PERMITS FOR SINGLE FAMILY
HOMES THAT ARE NOT ARCHITECTURALLY SIGNIFICANT; PROVIDING FOR
FINES, APPEALS AND ENFORCEMENT; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY;AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
HISTORY/ BACKGROUND
On February 10, 2016, at the request of Commissioner Joy Malakoff, the City Commission
referred a discussion item regarding procedures for the issuance of demolition permits for
single family homes to the Land Use and Development Committee (Item C4J). On February 17,
2016, the Land Use Committee discussed the item and continued the matter to March 30, 2016.
On March 30, 2016, the Land Use and Development Committee recommended approval of a
proposed ordinance, including a modification that would also allow plans for proposed site
improvements to satisfy the demolition review criteria for construction plans, when such
improvements are part of an aggregated lot with an existing single family home. The ordinance
did not require the review of a new replacement home by the Design Review Board when a
post-1942 home is demolished.
On April 19, 2016, the Planning Board (by a 5-2 vote)transmitted the proposed Ordinance to the
City Commission with an unfavorable recommendation. Additionally, the Planning Board
Page 773 of 1614
recommended that the City Commission study expanding the definition and year of eligibility for
architecturally significant homes, to include review and eligibility criteria beyond the current date
of 1942.
On May 11, 2016, the City Commission considered the proposed ordinance at First Reading
and referred the matter back to the Land Use Committee for further discussion. Specifically, the
City Commission requested that an alternative standard for minimum property maintenance be
included in the legislation.
On May 18, 2016 the Land Use Committee continued the item to June 15, 2016. On June 15,
2016, the Land Use Committee discussed the revised draft ordinance and recommended that
the City Commission refer the item to the Planning Board, with a modification that drought
tolerant and environmentally sensitive landscape material be used for vacant lots instead of St.
Augustine sod. On July 13, 2016, at the request of Commissioner Joy Malakoff, the City
Commission referred the subject Ordinance amendment (Item C4E) to the Planning Board.
ANALYSIS
Currently, the Land Development Regulations (LDRs) in the City Code do not provide a process
for the review of a demolition permit for a single family home, with the exception of the following:
• Homes located within the boundaries of a Local Historic District;
• Homes individually designated as a Historic Site or Historic Structure;
• Homes constructed prior to 1942 and determined to be 'Architecturally Significant'.
Section 142-108(f) of the City Code currently requires that the following benchmarks be met,
prior to the issuance of a demolition permit for a pre-1942,Architecturally Significant home:
1. The issuance of a building permit process number for new construction;
2. The building permit application and all required plans for the new construction shall be
reviewed and approved by the Planning Department;
3.All applicable fees for the new construction shall be paid, including, but not limited to, building
permit and impact fees, as well as applicable concurrency and parking impact fees;
4. A tree survey, if required, shall be submitted and a replacement plan, if required, shall be
reviewed and approved by the Urban Forestry in the Environment & Sustainability Department;
The subject ordinance proposes to modify Sec. 142-108(f) of the City Code by extending the
current demolition approval procedures for pre-1942 homes to all single family homes. This
- proposal does not mandate a different level of review for new construction, but requires that the
issuance of a demolition permit be predicated upon meeting the same benchmarks currently
required for pre-1942, architecturally significant single family homes. An additional modification
to Sec 142-108(f)(2)d is also proposed, to clarify the regulatory responsibility for required tree
surveys and mitigation. In this regard, Urban Forestry in the Environment & Sustainability
Department has replaced the Green Space Management as the regulatory authority.
Pursuant to the direction of the City Commission on May 11, 2016, a second option for
landscaping and improving the appearance of vacant lots created by the demolition of single
family homes has been included in the proposed legislation. In this regard, for homes
constructed after 1942, a property owner would have the option of complying with the following,
in lieu of the building permit benchmarks:
1. Raise the entire property to sidewalk grade, or the crown of the road, with approved base
Page 774 of 1614
material;
2. Install sod on the entire site and hedge material along the entire perimeter of the property;
3. Fencing for the property, if any, shall consist of aluminum picket along the entire perimeter.
Additionally, the failure to maintain the landscaping and sod on the property shall be deemed a
violation of this section of the code and the following civil fines are proposed in the event of a
violation of this section:
a. First violation within a 12-month period: $2,500.00;
b. Second violation within a 12-month period: $5,000.00;
c. Third violation within a 12-month period: $7,500.00;
d. Fourth or subsequent violation within a 12-month period: $10,000.00.
The attached draft ordinance includes the above noted revised language, as well as the
following, to address the recommendation of the Land Use Committee:
The demolition permit shall indicate that drought and salt tolerant sod, such as bahia sod or
seashore paspalum sod shall be installed on the entire site.
The Administration is recommending the aforementioned sod material in lieu of the standard St.
Augustine sod. While falling within the `sod'family, both bahia and seashore paspalum sod have
proven to be drought and salt tolerant, and are very durable materials for vacant land.
PLANNING BOARD REVIEW
On August 23, 2016, the Planning Board (by a 6-0 vote) transmitted the proposed ordinance
amendment to the City Commission with a favorable recommendation. The Planning Board
recommended minor text changes, which are non-substantive. These recommendations have
been included in the draft ordinance.
UPDATE
The subject Ordinance was approved at First Reading on September 14, 2016, with no
changes or amendments.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
FINANCIAL INFORMATION
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City.
Legislative Tracking
Planning
Page 775 of 1614
Sponsor
Commissioner Joy Malakoff
ATTACHMENTS:
Description
❑ Form Approved Ord - First Reading
Page 776 of 1614