2017-4118 Ordinance NONCONFORMING BUILDINGS -SUSTAINABILITY REQUIREMENTS
ORDINANCE NO. 2017-4118
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 118, "ADMINISTRATION
AND REVIEW PROCEDURES," BY AMENDING ARTICLE IX,
"NONCONFORMANCES," TO CLARIFY AND UPDATE CERTAIN
TERMS AND DESCRIPTIONS, AND TO PROVIDE MORE DEFINED
PARAMETERS FOR WHAT CONSTITUTES A NONCONFORMING
STRUCTURE, AND TO ESTABLISH REVISED STANDARDS FOR
NON-CONFORMING STRUCTURES; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
WHERAS, the Mayor's Blue Ribbon Panel on Flooding & Sea Level Rise has
recommended that the nonconforming building regulations (as well as all related regulations)
should be amended to address long term sustainability and resiliency city wide; and
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 nonconforming structures; and
WHEREAS, the City of Miami Beach has adopted regulations pertaining to the
maintenance and improvement of existing nonconforming structures and,
WHEREAS, The City of Miami Beach desires to refine, clarify, expand and enhance
existing procedures and requirements for improvements to existing non-conforming structures in
order to ensure that a substantial portion of any such structure is retained and preserved; 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 118, Entitled "Administration and Review Procedures", Article IX,
Entitled "Nonconformances", of the Land Development Regulations of the Code of the City of
Miami Beach, Florida is hereby amended as follows:
Sec. 118-395. - Repair and/or rehabilitation of nonconforming buildings and uses.
* * *
(b) Nonconforming buildings.
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(1) Nonconforming buildings which are repaired or rehabilitated by less than fifty (50)
percent of the value of the building as determined by the building official shall be
subject to the following conditions:
ad. The building shall have previously been issued a certificate of use, certificate of
completion, certificate of occupancy or occupational license by the city to reflect its
current use.
bs. Such repairs or rehabilitation shall meet the requirements of the city property
maintenance standards, the applicable Florida Building Code, and the Fire Safety
Code.
cd. If located within a designated historic district, or an historic site, the repairs or
rehabilitations shall comply substantially with the Secretary of Interior Standards
for Rehabilitation and Guidelines for Rehabilitating Historic Structures, as
amended, as well as the certificate of appropriateness criteria in Article X of these
Land Development Regulations. If the repair or rehabilitation of a contributing
structure conflicts with any of these regulations, the property owner shall seek
relief from the applicable building or Fire Safety Code.
de. Any new construction shall comply with the existing development regulations in the
zoning district in which the property is located, provided, however, that open
private balconies, including projecting balconies and balconies supported by
columns, not to exceed a depth of 30 feet from an existing building wall, may be
permitted as a height exception. The addition of balconies may be permitted up to
the height of the highest habitable floor for a building non-conforming in height,
provided such balconies meet applicable FAR and setback regulations. Any
addition of a balcony in a nonconforming building shall be subject to the review
and approval of the design review board or historic preservation board, as may be
applicable.
(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:
a. All residential and hotel units shall meet the minimum and average unit size
requirements for rehabilitated buildings as set forth in the zoning district in which
the property is located.
b. The entire building and any new construction shall meet all requirements of the city
property maintenance standards, the applicable Florida Building Code and the Life
Safety Code.
c. The entire building and any new construction shall comply with the current
development regulations in the zoning district in which the property is located. No
new floor area may be added if the floor area ratio is presently at maximum or
exceeded.
d. Development regulations for buildings located within a designated historic district
or for an historic site:
1. The existing structure's floor area height, setbacks and any existing parking
credits may remain if the following portions of the building remain substantially
intact, and are retained, preserved and restored:
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i. At least 75 percent of the front and street side facades; walls, exclusive of
window openings;
iii. For structures that are set back two or more feet from interior side
property lines, at least 66 percent of the remaining interior side walls,
exclusive of window openings; and
iv. All architecturally significant public interiors.
2. For the replication or restoration of contributing buildings, but not for
noncontributing buildings, the historic preservation board may, at their
discretion, waive the requirements of subsection(b)(2)d.1. above, and allow for
the retention of the existing structure's floor area, height, setbacks or parking
credits, if at least one of the following criteria is satisfied, as determined by the
historic preservation board:
i. The structure is architecturally significant in terms of design, scale, or
massing;
ii. The structure embodies a distinctive style that is unique to Miami Beach
or the historic district in which it is located;
iii. The structure is associated with the life or events of significant persons in
the city;
iv. The structure represents the outstanding work of a master designer,
architect or builder who contributed to our historical, aesthetic or
architectural heritage;
v. The structure has yielded or is likely to yield information important in
prehistory or history; or
vi. The structure is listed in the National Register of Historic Places.
Notwithstanding the above, for buildings over three stories in height, at least
75 percent of the front facade and 75 percent of any architecturally significant
portions of the street side facades shall be retained and preserved, in order to
retain any non-conforming floor area, height, setbacks or parking credits. If the
historic preservation board does not waive the requirements of subsection
(b)(2)d.1. above for any reason, including the inability of a reconstructed
building to meet the requirements of the applicable building code, any new
structure shall be required to meet all current development regulations for the
zoning district in which the property is located.
3. The building shall comply substantially with the secretary of interior standards
for rehabilitation and guidelines for rehabilitating historic structures, as
amended, as well as the certificate of appropriateness criteria in Article X of
these Land Development Regulations.
4. If the repair or rehabilitation of a contributing structure or historic site conflicts
with any of the requirements (as amended) in the applicable Florida Building
Code or the Life Safety Code, the property owner shall seek relief from such
code.
5. Regardless of its classification on the Miami Beach Historic Properties
database, a building may be re-classified as contributing by the historic
preservation board if it meets the relevant criteria set forth in the City Code.
Page 3
6. Contributing structures shall be subject to all requirements in section 118-503
of these Land Development Regulations.
7. Existing non-contributing structures in a designated historic district or site shall
be subject to the sustainability and resiliency requirements for new
construction in Chapter 133.
e. Development regulations for buildings not located within a designated historic
district and not an historic site.
1. Buildings constructed prior to 1965 and determined to be architecturally
significant by the planning director, or designee, may retain the existing floor
area ratio, height, setbacks and parking credits, if the following portions of the
building remain substantially intact and are retained, preserved and restored:
i. At least 75 percent of the front and street side facades, exclusive of
window openings;
ii. At least 75 percent of the original first floor slab;
iii. At least 50 percent of all upper level floor plates; and
iv. At least 50 percent of the interior side walls, exclusive of window
openings.
2. For buildings satisfying the above criteria, and whose lot size is less than
20,000 square feet, the parking impact fee program may be utilized, provided
that all repairs and rehabilitations, and any new additions or new construction
is approved by the design review board and that any existing, required
3. Buildings constructed prior to 1965 and determined to be architecturally
significant by the planning director, or designee, shall comply with the
sustainability and resiliency requirements for new construction in Chapter 133;
however, the Sustainability Fee for such buildings shall be valued at three (3)
percent the of the total construction valuation of the building permit.
4. Buildings constructed in 1965 or thereafter, and buildings constructed prior to
1965 and determined by the planning director, or designee not to be
architecturally significant, shall be subject to the sustainability and resiliency
requirements for new construction in Chapter 133.
35. 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
iii. Exterior architectural characteristics, features, or details of the subject
structure remain intact.
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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 set forth in article VI herein.
46. Buildings constructed in 1965 or thereafter, and buildings constructed prior to
1965 and determined by the planning director, or designee not to be
architecturally significant, shall be subject to the regulations set forth in
subsection (b)(2)a—c herein.
either provide the required parking on site, or within 500 feet of the site, or pay
a parking impact fee
f. Any new construction identified in subsections d. and e., above, shall comply with
the existing development regulations in the zoning district in which the property is
located, provided, however, that open private balconies, including projecting
balconies and balconies supported by columns, not to exceed a depth of 30 feet
from an existing building wall, may be permitted as a height exception. The
addition of the highest habitable floor for a building nonconforming in height,
provided such balconies meet applicable FAR and setback regulations. Any
addition of a balcony in a nonconforming building shall be subject to the review
and approval of the design review board or historic preservation board, as may be
applicable.
(3) There shall be no variances from any of the provisions herein pertaining to maximum
floor area ratio and to parking credits.
(4) Unless superseded by the provisions in Chapter 142, Article II, Division 2, sSingle-
family homes shall be treated the same as other buildings, in determining when an
existing structures lot coverage, height and setbacks may remain.
(5) Notwithstanding the foregoing, in the event of a catastrophic event, including, but not
limited to, fire, tornado, tropical storm, hurricane, or other act of God, which results in
the complete demolition of a building or damage to a building that exceeds 50 percent
of the value of the building as determined by the building official, such building may be
reconstructed, repaired or rehabilitated, and the structure's floor area, height, setbacks
and any existing parking credits may remain, if the conditions set forth in subsection
(b)(1)a—d herein are met.
(6) The foregoing regulations shall not apply to any building or structure located on city-
owned property or rights-of-way, or property owned by the Miami Beach
Redevelopment Agency.
(7) Gasoline service stations.
a. Notwithstanding the foregoing provisions, a nonconforming gasoline service
station that provides a generator or other suitable equipment that will keep the
station operational, and which has been damaged, repaired or rehabilitated by
more than 50 percent of the value of the building as determined by the building
official pursuant to the standards set forth in the Florida Building Code may be
repaired or rehabilitated, if the following conditions are met:
Page 5
1. The entire building and any new addition shall meet all requirements of the
city property maintenance standards, the applicable Florida Building Code and
the Life Safety Code.
2. The entire building and any new addition shall comply with the current
development regulations in the zoning district in which the property is located,
including, but not limited to all landscape requirements. New monument-style
signs shall be required. Pole signs shall be prohibited.
3. No new floor area may be added if the floor area ratio is presently at
maximum or exceeded.
b. Necessary repairs to add an emergency electrical generator and related facilities
to a nonconforming gasoline service station shall be permitted.
c. A nonconforming gasoline service station that provides a generator or other
suitable equipment that will keep the station operational, may add new floor area
(other than floor area strictly necessary to house an emergency electrical
generator and related facilities), or convert existing floor area or land, to add new
accessory uses, such as a convenience sales area or a car wash, subject to
conditional use approval, notwithstanding the nonconforming status of the gasoline
service station.
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 re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
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 c4 day of , 21,
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APPROVED AS TO
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City Attorney r41, Date
First Reading: June 7, 2017
Second Reading: July 26, 2017
Verified By:
Thomas R. Mooney, AIC
Planning Director
T:\AGENDA\2017\6-June\Planning\Nonconforming Buildings Sustainabillity Requirements-First Reading ORD.docx
Page 7
Ordinances- R5 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 26, 2017
10:25 a.m. Second Reading Public Hearing
SUBJECT: NONCONFORMING BUILDINGS - SUSTAINABILITY REQUIREMENTS:
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 118, "ADMINISTRATION AND REVIEW PROCEDURES," BY
AMENDING ARTICLE IX, "NONCONFORMANCES," TO CLARIFY AND UPDATE
CERTAIN TERMS AND DESCRIPTIONS, AND TO PROVIDE MORE DEFINED
PARAMETERS FOR WHAT CONSTITUTES A NONCONFORMING STRUCTURE,
AND TO ESTABLISH REVISED STANDARDS FOR NON-CONFORMING
STRUCTURES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On January 17, 2017, 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 F). 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 Committee discussed the item and continued it to a date
certain of March 8, 2017. On March 7, 2017, a modified version of the ordinance was presented to
the Mayor's Blue Ribbon Panel on Sea Level Rise. The Blue Ribbon Panel recommended that the
ordinance be adopted.
On March 8, 2017, the Land Use and Development Committee discussed the modified ordinance
and continued it to a date certain of April 19, 2017. On April 19, 2017, Land Use and Development
Committee reviewed the revised ordinance and recommended that the Planning Board transmit the
ordinance to the City Commission with a favorable recommendation.
Page 1279 of 2495
PLANNING ANALYSIS
Section 118-395 defines the procedures for the retention of nonconforming structures that are being
renovated. The section has several requirements for existing structures undergoing a renovation both
below and in excess of 50% of the value of the structure, specifically as it pertains to nonconforming
development attributes such as floor area, height, setbacks, and parking credits.
The proposed ordinance would require that certain buildings undergoing a substantial renovation, in
excess of 50% of the value of the structure, be subject to the Sustainability and Resiliency
Requirements of Chapter 133 of the City Code with some modifications.
Chapter 133 requires a minimum of LEED Gold Certification, or the payment of a fee of five percent
(5%) of construction value. The percentage is based on research indicating the estimated cost of
achieving the applicable level of certification. In order to not overly burden historic structures
undergoing a renovation, the regulations requiring compliance with the Sustainability and Resiliency
Requirements of Chapter 133 for projects undergoing a substantial renovation were modified.
Specifically, contributing buildings within a designated historic district or site would be exempt from
the requirements of Chapter 133. Buildings located outside of an historic district or site, constructed
prior to 1965 and determined to be architecturally significant would be subject to the Sustainability
and Resiliency Requirements; however, the fee would be set at three percent (3%) of construction
value and a full refund would be provided if the project achieves LEED Silver Certification or higher.
The 5% fee requirement of Chapter 133 would still apply to existing non-contributing buildings
located within an historic district or site, as well as non-architecturally significant and post 1965
buildings located outside of a historic district or site.
PLANNING BOARD REVIEW
On May 23, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City
Commission, with a favorable recommendation.
UPDATE
The subject Ordinance was approved at First Reading on June 7, 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 Ordinance
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