Ordinance 87-2535 ORDINANCE NO. 87-2535
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1891;
PROVIDING FOR AN AMENDMENT TO SECTION 16-5 PERTAINING
TO EXEMPTIONS AFFECTING THE DESTRUCTION OF NON-
CONFORMING BUILDINGS AND USES DAMAGED TO THE EXTENT
OF MORE THAN FIFTY (50%) PERCENT OF THE ASSESSED
VALUE OR REPLACEMENT VALUE (WHICHEVER IS GREATER), AS
DETERMINED BY THE DADE COUNTY TAX ASSESSOR FOR
HISTORIC CONFORMING STRUCTURES; PROVIDING FOR
INCLUSION WITHIN THE ZONING ORDINANCE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
Dashed WeFds = Deleted Language
Underlined Words = New Language
Section 1: That Section 16-5 of Ordinance No. 1891 is hereby amended to read as follows:
16-5 DESTRUCTION OF NON-CONFORMING BUILDINGS AND USES.
A. If a building or use is damaged by any cause to the extent of more than
fifty (50%) percent of the County tax-assessed value of the building, it
shall not be restored except in conformity with the regulations contained in
this Ordinance and all rights as a non-conforming building or use are
terminated. However, a non-conforming building may be repaired
regardless of the time a building has been vacant or to the extent it is
damaged at a cost exceeding 50% of the assessed valuation of the structure
or the replacement value, whichever is greater, as determined by the Dade
County Tax Assessor if all of the below conditions are met:.
1. It shall be a historic conforming structure as determined by the
Planning Department. For purposes of this section, the term
"historic conforming structure" shall mean those buildings
which are either contributing or conforming in architectural
style, scale, setback, date of construction and/or historic
association and/or are listed as such on the Historic Property
Data Base as maintained by the Planning Department. A
building permit shall not be issued until the Planning
Department approves the architectural plans pursuant to the
City's Design Review Board procedures.
2. It shall meet all requirements (as amended) in the following:
South Florida Building Code, State Fire Marshalls Rules and
Regulations, Life Safety Code and the City's Property
Maintenance Standards and substantial compliance with the
U.S. Secretary of Interior Standards for Rehabilitation of
Historic Buildings.
3. The total number of units shall not exceed those which are
listed on the building card, and no sleeping or dwelling unit shall
be less than the minimum floor area as set forth in the
respective zoning district and this Ordinance.
4. The above provisions are not applicable in those cases where
multiple permits in one calendar year have been issued for a
property where the value of the work exceeds 50% of the
assessed value of the building or in any designated
redevelopment area or buildings and structures that have a
demolition order pending from the Dade County Unsafe
Structures Board.
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If a building is damaged less than fifty (50%) percent of the tax-assessed value or the
replacement value, whichever is greater, as determined by the Dade County Tax Assessor, it
may be repaired and used as before the time of damage, provided (1) that such repairs or
reconstruction be substantially completed within twelve (12) months of the date of such
damage; (2) that such repairs or reconstruction in the damaged portion of the building shall
meet the requirements of the Miami Beach Property Maintenance Standards and the South
Florida Building Code; and, (3) no damaged and subsequently repaired unit shall contain less
•than the minimum required floor area as listed in the respective Zoning District.
Section 2: INCLUSION IN ZONING ORDINANCE NO. 1891
It is the intention of the City Commission, and it is hereby ordained that the
provisions of the Ordinance shall become and be made a part of the City of
Miami Beach Zoning Ordinance No. 1891 as amended; that the section 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.
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, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such hold shall not affect the validity of the remaining portions of this
Ordinance.
Section 5: EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after
adoption, on January 31 , 1987.
PASSED AND ADOPTED this 21st day of Janua
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ATTEST:
2/14"---
CITY CLERK
1st Reading January 21, 1987
2nd Reading - February 4, 1987
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12/30/86
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