2017-4136 OrdinanceBELLE ISLE LDR AMENDMENTS
ORDINANCE NO. 2017 -4136
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 OF THE CITY CODE,
ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," BY
AMENDING ARTICLE IX, ENTITLED "NON- CONFORMANCES," BY
AMENDING SECTION 118 -395, ENTITLED "REPAIR AND /OR
REHABILITATION OF NONCONFORMING BUILDINGS AND USES,"
TO ALLOW THE RE- CONSTRUCTION OF UP TO FIFTY PERCENT OF
THE FLOOR AREA OF NON - CONFORMING BUILDINGS CONTAINING
NON - CONFORMING HOTEL, USES LOCATED ON THE NORTH SIDE
OF BELLE ISLE; PROVIDING FOR INCLUSION IN THE CITY CODE;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, certain uses on the north side of Belle Isle became legal non- conforming
uses through the passage of Ordinance 93 -2854, which rezoned the area from RM -2 to RM -1;
and
WHEREAS, an amendment of the Land Development Regulations of the Code (LDRs)
will allow for the renovation of those non - conforming structures, and allow for a decrease in their
level of non - conformity; and
WHEREAS, an amendment of the LDRs will not increase the non - conforming uses
within the area; and
WHEREAS, over the years the City has been negatively impacted by sea level rise; and
WHEREAS, the City promotes the renovation of structures to improve conditions of
structures, which will reduce the impacts of sea level rise; and
WHEREAS, Belle Isle has also experienced increased traffic over the years, and has
faced traffic congestion and decreased pedestrianism as a result of the area traffic, and
vehicular traffic entering and leaving the City; and
WHEREAS, the traffic conditions have impacted the residents' quality of life and have
resulted in the diminished general conditions of the neighborhood; and
WHEREAS, the City is desirous of improving the vehicular traffic on Belle Isle and the
surrounding neighborhoods and improve the pedestrian environment of the neighborhoods; and
WHEREAS, the City desires to encourage and incentivize area property owners to
reduce the non - conformity of structures and to improve resiliency of structures in light of the
effects of sea level rise; 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. The following amendment to the City's LDRs is hereby adopted:
* * *
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
* * *
ARTICLE IX. NON - CONFORMANCES
*
SECTION 118 -395. REPAIR AND /OR REHABILITATION OF NONCONFORMING
BUILDINGS AND USES
Sec. 118 -395. - Repair and /or rehabilitation of nonconforming buildings and uses.
(a) Nonconforming uses. If a building which contains a nonconforming use is, repaired or
rehabilitated at a cost exceeding 50 percent of the value of the building as determined
by the building official, it shall not be thereafter used except in conformity with the use
regulations in the applicable zoning district contained in these land development
regulations and all rights as a nonconforming use are terminated.
(b) Nonconforming buildings.
(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:
a. Repaired or rehabilitated residential and /or hotel units shall meet the
minimum unit size requirements as set forth for the zoning district in
which the property is located. The number of units in the building shall
not be increased.
b. 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.
c. Such repairs or rehabilitation shall meet the requirements of the city
property maintenance standards, the applicable Florida Building Code,
and the Fire Safety Code.
d. 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.
e. 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:
i. At least 75 percent of the front and street side facades;
ii. At least 75 percent of the original first floor slab;
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; 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.
6. Contributing structures shall be subject to all requirements
in section 118 -503 of these Land Development Regulations.
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
intact and are retained, preserved and restored:
i. At least 75 percent of the front and street side facades;
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 sidewalls.
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 parking,
that is conforming, shall not be removed.
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 modern, 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.
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.
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 regulations set forth in subsection (b)(2)a —c
herein.
5. If there is a change in use, a building shall receive no parking
credits and must 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) Single- 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:
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.
(8) Hotel and Accessory Uses,
Notwithstanding the foregoing provisions, non - conforming buildings containing
a non - conforming hotel uses located on the north side of Belle Isle and not
within a local historic district, may be reconstructed to a maximum of 50% of
the floor area of the existing building, provided that the uses contained within
the hotel are not expanded in any way, including but not limited to, the number
of hotel units and accessory food and beverage uses, the nonconformity of the
building is lessened, and required parking for the reconstruction is satisfied
within the property, resulting in an improved traffic circulation in the surrounding
neighborhoods with a minimum reduction of 50% of the daily trips on adiacent,
two -lane, arterial roadways, and improving the resiliency of the building. The
nonconforming use may remain.
SECTION 2. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the City Commission that this Ordinance be entered into the LDRs, and it is
hereby ordained that the sections of this Ordinance may be renumbered or re- lettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or other
appropriate word. The Exhibits to this Ordinance shall not be codified, but shall be kept on file
with this Ordinance in the City Clerk's Office.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 5 day of 0 do be r , 2017.
PASSED AND ADOPTED this 2 5- day of Sep fember2017.
ATTEST:
Ra r. el Granado, City C erk
First Reading: June 7, 2017
Second Reading: Se•tember 2j 20 7
Verified By:
Philip
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
ity Attorney D
\.
Thomas R. Mooney, Al
Planning Director
Underline = new language
Strikethrough = deleted language
T:\AGENDA \2017 \9 - September \Planning \Belle Isle LDR Amendment - Second Reading ORD.docx
WJAtA
BEACH
Ordinances - R5 W
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 13, 2017
5:13 p.m. Second Reading Public Hearing
SUBJECT: BELLE ISLE - LDRAMENDMENTS:
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 OF THE CITY CODE, ENTITLED "ADMINISTRATION AND
REVIEW PROCEDURES," BY AMENDING ARTICLE IX, ENTITLED "NON -
CONFORMANCES," BY AMENDING SECTION 118 -395, ENTITLED "REPAIR
AND /OR REHABILITATION OF NONCONFORMING BUILDINGS AND USES," TO
ALLOW THE RE- CONSTRUCTION OF UP TO FIFTY PERCENT OF THE FLOOR
AREA OF NON - CONFORMING BUILDINGS CONTAINING NON - CONFORMING
HOTEL, USES LOCATED ON THE NORTH SIDE OF BELLE ISLE; PROVIDING
FOR INCLUSION IN THE CITY CODE; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On December 14, 2016, at the request of Commissioner Ricky Arriola, the City Commission referred
this item to the Land Use and Development Committee (Item C4M). On January 18, 2017, the Land
Use Committee discussed the item and recommended that the City Commission refer the attached
draft ordinance and comprehensive plan amendments to the Planning Board for consideration.
On March 1, 2017, the City Commission referred this item to the Planning Board (Item C4 D).
PLANNING ANALYSIS
The north side of Belle Isle is zoned RM -1, Residential Multi- Family, Low Intensity. Hotel uses are
prohibited in this RM -1 district. However, the Standard Hotel, which is located on the north side of
Belle Isle, is a pre- existing hotel use, which became legal non - conforming when the north side of
Belle Isle was downzoned from RM -2 to RM -1 in the late 1990's.
Under Section 118 -395 of the City Code, a legal non - conforming use must cease if the renovations
to the building exceed the 50% rule. In most instances, this limits the ability of a property owner to be
able to substantially improve their property, if the use is legal non - conforming. The proposed
amendments to the Comprehensive Plan and the Land Development Regulations (attached) would
create the ability for certain hotel uses that are legal non - conforming to exceed the 50% renovation
Page 1128 of 2353
threshold. Additionally, it would require that the non- conformity of the building containing non-
conforming uses be lessened by ensuring that required parking be provided on -site and that the
resiliency of the building be improved.
PLANNING BOARD REVIEW
On May 23, 2017, the Planning Board transmitted the proposed Comprehensive Plan and Land
Development Regulations Ordinance Amendment to the City Commission, with a favorable
recommendation.
UPDATE
The subject LDR amendment and companion Comprehensive Plan Amendment were approved by
the City Commission at First Reading on June 7, 2017. The Comprehensive Plan Amendment has
been transmitted to the State for review and comments; although no comments or concerns have
been raised by any of the applicable regulatory agencies, the required 30 day review period was after
July 26, 2017. As such, 2nd Reading / Adoption for the subject LDR Amendment was continued to
September 13, 2017.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Vice -Mayor Ricky Arriola
ATTACHMENTS:
Description
o Belle Isle LDR Amendment- FA ORDINANCE
D Ad
Page 1129 of 2353
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