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2017-4102 Ordinance SUSTAINABLE ROOFING ORDINANCE NO. 2017-4102 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," BY AMENDING SECTION 114-1, "DEFINITIONS," AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,", ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS", BY AMENDING DIVISION 1, " GENERALLY," SECTION 142-875, "ROOF REPLACEMENTS AND NEW ROOFS," PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach seeks to encourage and incentivize new development and the preservation and restoration of structures located within the City; and 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 recognizes Sea level rise and it responsibility to the citizens to adapt to meet those needs; and WHEREAS, the City of Miami Beach understands how important it is to build resilient buildings that will be able to survive Sea Level Rise; and WHEREAS, to mitigate the impacts of Climate Change the City must allow for the residents and buildings to reduce their vulnerability; and WHEREAS, the City of Miami Beach understands that to combat the harmful effects of Climate Change, Local Municipalities are the front line of adaptation and must if there is no example to follow; and WHEREAS, it is in the best interest of the City to promote the economic environmental health in the City through sustainable and environmentally friendly design and construction which reduces demand for energy and reduces greenhouse gas emissions; and WHEREAS, studies have indicated that green buildings have lower maintenance costs associated with low energy consumption, which will improve the City's long-term economic well- being; and WHEREAS, it is in the interest of the health, safety and welfare of the residents of the City to ensure sustainable construction and to ensure that the City safeguard natural resources and ensure that efficient buildings are constructed; and WHEREAS, the amendment set forth below is 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. Amending Chapter 114 of the City Code, entitled "General Provisions," Section 114-11, "Definitions," of the Land Development Regulations, is hereby amended to read as follows: Chapter 114—GENERAL PROVISIONS Sec. 114-1 — Definitions Sustainable roofing system means a solar roof, blue roof, white roof, cool roof, green roof, -- - - - •• - - - _ ---, or any other roofing system recognized by a green building certification agency that reduces heat island effect, allows for the reuse or retention of stormwater or reduces greenhouse gases. SECTION 2. Amending Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article IV. "Supplementary District Regulations," Division 1, "Generally, Section 142-875, "Roof replacements and new roofs," of the Land Development Regulations, is hereby amended to read as follows: Chapter 142 -ZONING DISTRICTS AND REGULATIONS * * * ARTICLE IV. -SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. —GENERALLY * * * Sec. 142-875. - Roof replacements and new roofs. (a) In all districts, - -- - --- - - -- - - - - - - - - - - --, the new construction, repair or replacement of any pitched roof shall may consist of flat or barrel tile, which shall be composed of concrete orT clay or ceramic material. Asphalt shingles shall be prohibited in all districts. (b) For properties located outside of a locally designated historic district, site or structure, metal, glass or sustainable roofing systems may be proposed for new construction, existing multifamily 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, the style, design and material used 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. (c) For architecturally significant single-family homes constructed prior to 1942, the planning director, or designee, may approve a metal, glass or sustainable roofing system if it is determined that the scale, massing and design of the subject home can accommodate a metal, glass or sustainable roofing system, and that the metal or glass such 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{a} ILD1(1)—(4) above. (d) The appeal of any decision of the planning department under subsections (a), a (b) or (c) above, shall be to the design review board, board of adjustment in accordance with chapter 118, article VIM of these land development regulations. The review by the design review board! board of adjustment, either by appeal or if the metal, glass or sustainable roofing system does not qualify for planning director approval as provided above, shall also be pursuant to the criteria in subsections (a} (b) (1)—(4) above. (e) 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. T the following shall apply: (1) The use of metal, glass or sustainable 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. For non-contributinq buildings, or if new construction is eligible for administrative review under Chapter 118, Article X of the Land Development Regulations, the planning director, or designee, may approve a metal, glass or sustainable roofing system if it is determined that the scale, massing and design of the proposed new structure can accommodate a metal, glass or sustainable roofinq system, and that such 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 (b)(1)—(4) above. (2) Metal, glass or sustainable roofing systems shall not be permitted on proposed for contributing buildings shall require the review and approval of the historic preservation board, in accordance with the criteria in subsections (b) (1)—(4) above, and chapter 118, article X of these land development regulations. cept ao hereinafter provided. Within all zoning districts, except single family districts, and systems may be permitted on roof top additions to contributing buildings, subject to development regulations, provided the metal or glass roofing system i of i„iblc when viewed at eye level (five feet, six inches from grade) from the opposite side of the adjacent right of way; for corner properties, the metal-or gla roofing- opposite oofingopposite side of the right of way and from the opposite side of the side street right of way. The use of metal or glass roofing systems on existing noncontributing structures may be reviewed and approved by the planning director, or designee, in accordance - land development regulations, i.TT i� determined that the scale, massing and design of established historic and architectural context of the immediate area. (3) The appeal of any decision of the planning director, or designee department under this subsection shall be to the historic preservation board of adjustment. The review by the historic preservation board of adjustment, either by appeal or if the metal, glass or sustainable roofing system does not qualify for planning director approval as provided above, shall also be pursuant to the criteria in subsections (al( (1)—(4) above and section 118-564. (f) Notwithstanding the above, for those structures constructed and substantially maintained in the Mediterranean revival or mission style of architecture, enty the use of roof material other than concrete, clay or ceramic tile may be utilized shall be subject to the review and approval of the design review board or historic preservation board, as applicable. 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. (g) Notwithstanding the above, in the event a material other than flat or barrel tile was permitted for a pitched roof in any district, such roof may be replaced with the same material, subject to the criteria in subsection (a) above. (h) 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 load capacity of an existing roof, a roofing material other than concrete, clay or ceramic tile may be approved by the planning department for any type of structure, in accordance with the criteria specified in subsections 142-8754x){(1)—(4) above. 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. 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 re-numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect 10 days after adoption. PASSED and ADOPTED this 7 day of fine 2017. Philip Levi aye ATTEST: i `'� . Al � �� • ` ,.a\�\.q\11,1 / Rafa-I E. rana•o, Cit 40' . �1�.� A. �C �r .. 51 4' APPROVED AS TO FORM �;' "'�`N✓,,,,�4 AND LANGUAGE S 'VRPTED.::mp * , AN FOR EXECUTION ':;NCORP , Vis Ac4.1, s 2. r7 - ...--,0) City Attorney c Date 1 -'.� CH 26.1" First Reading: May 17, 2017 Second Reading: une 7, 20 17 la II Verified By: Thomas R. looney, AIC 7 Planning Director Underline = new language = deleted language T:\AGENDA\2017\5-May\Planning\Sustainable Roofing-First Reading ORD.docx Ordinances - R5 K MIAMI BEAH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: June 7, 2017 10:30 a.m. Second Reading Public Hearing SUBJECT: SUSTAINABLE ROOFING: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING THE CITY CODE, BYAMENDING CHAPTER 114, "GENERAL PROVISIONS," BYAMENDING SECTION 114-1, "DEFINITIONS," AND BYAMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 1, "GENERALLY," SECTION 142-875, "ROOF REPLACEMENTS AND NEW ROOFS," PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. ANALYSIS BACKGROUND On January 17, 2016, the Mayor's Blue Ribbon Panel on Sea Level Rise discussed the attached Ordinance amendment and recommended that the City Commission refer it to the Land Use and Development Committee and Planning Board. Commissioners John Elizabeth Aleman and Joy Malakoff are the sponsors of the item. On February 8, 2017, the City Commission referred the proposed Ordinance amendment to the Land Use and Development Committee (Item C4 E). The amendment was simultaneously referred to the Planning Board. Commissioners John Elizabeth Aleman and Joy Malakoff are the sponsors of the item. On February 15, 2017, the Land Use and Development Committee recommended that the Planning Board transmit the ordinance to the City Commission with a favorable recommendation. PLANNING ANALYSIS Several innovative roofing systems are being developed to improve the sustainability of buildings. These include solar roofs, which allow for the generation of electricity; blue roofs, which improve stormwater retention and treatment; white/cool roofs, which reflect sunlight and reduce the heat island effect; green roofs, which provide vegetation and irrigation to reduce heat island effect, and improve stormwater retention; and rooftop farming systems which for food growth. Page 1043 of 1414 The proposed ordinance amendment allows for the use of sustainable roofing systems for roof replacement. Additionally, the proposed ordinance expands the use of energy efficient roofing systems, such as standing seam metal, and prohibits the use of asphalt shingles which typically absorb heat and increase the urban heat island effect and surrounding temperatures. PLANNING BOARD REVIEW On April 25, 2017, the Planning Board transmitted the proposed Land Development Amendment to the City Commission, with a favorable recommendation. UPDATE The subject ordinance was approved at First Reading on May 17, 2017, with no changes. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. Legislative Tracking Planning Sponsor Commissioners John Elizabeth Aleman and Joy Malakoff ATTACHMENTS: Description D Form Approved Ordinance Page 1044 of 1414