2001-3340 ORD
ORDINANCE NO.200h3340
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
ESTABLISHING INTERIM PROCEDURES FOR THE
ISSUANCE OF DEMOLmON PERMITS FOR SINGLE
FAMILY HOMES CONSTRUCTED THROUGH 1941 AND
LOCATED OUTSIDE A DESIGNATED mSTORIC
DISTRICT, EXCEPT FOLLOWING THE ISSUANCE OF A
CERTIFICATE OF APPROPRIATENESS; PROVIDING
INTERIM PROCEDURES FOR THE REVIEW AND
APPROVAL BY THE mSTORIC PRESERVATION BOARD
OR STAFF, WHERE APPROPRIATE, OF APPLICATIONS
FOR CERTIFICATES OF APPROPRIATENESS FOR THE
DEMOLITION OF SUCH HOMES; PROVIDING THAT THE
INTERIM PROCEDURES SHALL AUTOMATICALLY
DISSOLVE UPON THE EARLIER OF MARCH 20 ,2002, OR
UPON THE ADOPTION OF AMENDMENTS TO THE MIAMI
BEACH CITY CODE RELATING TO THE DEMOLITION OF
SINGLE FAMILY HOMES; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") is in the process of surveying existing single
family homes in order to identify significant architectural structures; and
WHEREAS, pending the consideration of legislation by the City relative to retaining,
protecting and preserving single family homes with architectural significance, the City Commission
deems it in the best interest and welfare of the City to impose interim procedures for the issuance
of demolition permits for all single family homes constructed through 1941 and located outside of
a designated historic district, unless a Certificate of Appropriateness from the Historic Preservation
Board or staff is first obtained; and
WHERAS, the City Commission deems it appropriate to adopt interim procedures for the
review and approval of Certificates of Appropriateness for such homes, which interim procedures
parallel those procedures presently in effect for single family homes in historic districts; and
WHEREAS, the interim procedures adopted by this Ordinance shall automatically dissolve
upon the earlier of March 29, 2002 or upon the adoption of amendments to the Miami Beach City
Code relating to the demolition of single family homes and related procedures for Certificates of
Appropriateness.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That interim procedures are hereby imposed on the demolition of single family homes
constructed through 1941 and located only within single family residential areas of
the City, and any such demolition shall hereinafter only be permitted as follows:
(a) Total demolition of any single family home constructed through 1941 shall not be
permitted, unless a Certificate of Appropriateness is obtained from (i) the Planning Director,
or designee, following the determination that the subject structure is not an historically
significant property, as defined in the Land Development Regulations of the City Code; or
(ii) the Historic Preservation Board, pursuant to the requirements of Chapter 118, Article II,
Division 4, and Chapter 118, Article X of the Land Development Regulations of the City
Code. A request for a Certificate of Appropriateness for the Total Demolition of a single
family home constructed through 1941 shall be processed by the Planning Department within
f be (5) business days of its submission. No application fees for the Historic Preservation
Board shall be required during the period the interim procedures are in place;
(b) Demolition to accommodate additions or modifications to the exterior of any existing
single family home constructed through 1941, shall not be permitted unless a Certificate of
Appropriateness is obtained from the Planning Department, in accordance with sufficient
historic documentation for the property, as determined by staff, the Land Development
Regulations of the City Code, and as hereinafter setforth. Such review shall be limited to the
actual portion of the structure which is proposed to be modified, demolished or altered. No
application fees for staff level review shall be required during the period the interim
procedures are in place. The above noted demolition-and modifications shall include the
following, as determined by staff:
i. Demolition which does not affec(architecturally significant portions of a building or
structure.
ii. The demolition of architecturally significant portions of a building or structure,
provided such alterations are architecturally appropriate to the original design and
scale of the building.
Hi. Demolition associated with facade and building restorations, which are consistent
with historic documentation.
( c) The Planning Director, or designee, may issue a Certificate of Appropriateness for the
demolition ofa single family home constructed through 1941 if the Building Official
determines (1) that the home is structurally unsafe, or (2) that the cost of the renovation
of the home exceeds 50% of the value determination of the structure, and the property
is ordered to meet minimum flood elevation requirements.
(d) Demolition of the interior of an existing single family home coristructed through 1941,
including plumbing, electrical and mechanical systems, shall not require a Certificate
of Appropriateness, provided it has no adverse impact upon the structural integrity of
the original exterior wall and original exterior features;
(e) Demolition of an existing single family home constructed after 1941, shall not require
a Certificate of Appropriateness;
(f) The City's Building Official shall not issue demolition permits for homes covered by this
ordinance except following the issuance of a Certificate of Appropriateness as provided
herein;
(g) These interim procedures shall only apply to those structures not located within a
designated historic district;
(h) These interim procedures shall automatically dissolve upon the earlier ofMarch~O, 2002
or upon the adoption of amendments to the Miami Beach City Code relating to
demolition of single family homes not located within a designated historic district and
related procedures for Certificates of Appropriateness; and
(i) Appeals from staff decisions and determinations under this ordinance shall be to the
Historic Preservation Board and must be filed within 20 days of the decision or
determination.
SECTION 2. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 3. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this f9t"h' day 0
2001.
J!;i~
CI CLE
Ordinance No. 2001-3340
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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L:\CMGRIAGENDA\2001\DEC1901\REGULARIMORATORIUM-ORDtNANCE'"'Cleen.DOC
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
-
Condensed Title:
Ordinance establishing interim procedures for demolition of single family buildings
Issue:
I n order to protect the unique architectural heritage of the City of Miami Beach, the Commission would like
to develop procedures for review of demolition of single family homes located outside of local historic
districts. In an effort to avert a rush of demolition permits while these regulations are drafted, this proposed
ordinance places a set of interim procedures while the Administration prepares an ordinance to address
this concern.
Item Summary/Recommendation:
Adopt the ordinance as recommended by Land Use and Development Committee.
Advisory Board Recommendation:
On November 20, 2001, the Planning Board recommended approval of Ordinance as presented on second
reading. Please note that Zoning in Progress was initiated at that time.
On December 17, 2001, the Land Use and Development Committee reviewed the proposed ordinance and
recommended approval as amended.
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
AGENDA ITEM ~SH
DATE 1~-/~-tJ/
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM
Mayor David Dermer and DATE: December 19. 2001
Members of the City Commission
Jorge M. Gonzalez d tfv((
City Manager . SECOND READING
PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA ESTABLISHING INTERIM PROCEDURES
FOR THE ISSUANCE OF DEMOLITION PERMITS FOR SINGLE FAMILY
HOMES CONSTRUCTED THROUGH 1941 AND LOCATED OUTSIDE A
DESIGNATED HISTORIC DISTRICT, EXCEPT FOLLOWING THE
ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS; PROVIDING
INTERIM PROCEDURES FOR THE REVIEW AND APPROVAL BY THE
HISTORIC PRESERVATION BOARD OR STAFF, WHERE APPROPRIATE,
OF APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS FOR
THE DEMOLITION OF SUCH HOMES; PROVIDING THAT THE INTERIM
PROCEDURES SHALL AUTOMATICALLY DISSOLVE UPON THE
EARLIER OF MARCH 29, 2002, OR UPON THE ADOPTION OF
AMENDMENTS TO THE MIAMI BEACH CITY CODE RELATING TO THE
DEMOLITION OF SINGLE FAMILY HOMES; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Adopt Ordinance.
ANALYSIS:
At the September 5, 2001 meeting, the City Commission directed the Administration to
prepare an Ordinance that would establish interim procedures for the protection of single
family homes within the City. Additionally, the City Commission requested that historic
designation proceedings for certain single family homes commence. Attached, please find
a proposed Ordinance for existing single family homes within the City of Miami Beach,
which are not located within a designated historic district.
December 19,2001
Commission Memorandum
Moratorium Ordinance - Single Family Homes.
Page 2 of 3
On October 17, 2001 the City Commission approved the proposed Moratorium Ordinance
on First Reading.
On November 28, 2001, the City Commission held the second reading of the proposed
ordinance. At the conclusion of the public testimony, the Commission began to propose a
series of amendments to the ordinance. It was decided at that time to forward the proposed
modifications to the land Use and Development Committee (lUDC) for discussion. The
lUDC met on December 17,2001.
Attached is a draft copy of the ordinance as modified by the lUDC. Please note that two
versions of the ordinance have been provided, one version shows all deleted (strike)
language and new text (underlined). The second version is a clean copy of the proposed
ordinance as modified by the Committee. After much discussion the Committee voted to
recommend approval of the ordinance as modified. The major changes incorporated into
the ordinance since second reading and reviewed and approved by the lUDC includes:
- The interim procedures for demolitions shall only apply to homes built through
1941 (pre VWJ II) as opposed to 1950.
- These interim procedures will only be in place for a maximum of three months.
Originally, the proposed ordinance covered a period of six months. The interim
procedures would be applicable city wide as originally proposed.
- A process for staff level review for total demolition has been created. The
original version of the ordinance required all total demolitions to be reviewed by
the Historic Preservation Board. Additionally, a provision has been added that
will allow for the approval for total demolition if the Building Official determines
(1) that the home is structurally unsafe, or (2) that the cost of the renovation of
the home exceeds 50% of the value determination of the structure, and the
property is ordered to meet minimum flood elevation requirements.
- The review of demolition to accommodate additions or modifications of the
exterior of homes has been substantially simplified.
- Appeals of staff decisions and determinations under this ordinance shall be to
the Historic Preservation Board.
The lUDC accepted that there is a public benefit in creating a procedure that creates a
level of review for the demolition of single family homes that posses a recognizable level of
architectural significance. They expressed that this process would best be served if it were
kept at an administrative level as opposed to a formal Board review. The Committee also
instructed the Administration to move as quickly as possible in preparing a final version of
this procedure.
December 19, 2001
Commission Memorandum
Moratorium Ordinance - Single Family Homes.
Page 3 of 3
It is important to note that this ordinance establishes only an interim procedure while the
Administration drafts amendments to the Land Development Regulations that creates a
level of review for the demolition of significant structures. These amendments will include
criteria for staff review. On a related issue, the Administration will continue to prepare
amendments to the development regulations for new construction in single family districts
that will address issues of size, bulk and height. These amendments will be forthcoming at
the beginning of next year.
JMG/CMC/JGGfTRM
L:\CMGRlAGENDA\2001\dec1901\REGULARlmorotoriumOfdinance-momo supploment.doc
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
-
Condensed Title:
Ordinance establishing interim procedures for demolition of single family buildings
Issue:
In order to protect the unique architectural heritage of the City of Miami Beach, the Commission would like
to develop procedures for review of demolition of single family homes located outside of local historic
districts. In an effort to avert a rush of demolition permits while these regulations are drafted, this proposed
ordinance places a set of interim procedures while the Administration prepares an ordinance to address
this concern.
Item Summary/Recommendation:
Adopt the ordinance as recommended by Land Use and Development Committee.
Advisory Board Recommendation:
On November 20,2001, the Planning Board recommended approval of Ordinance as presented on second
reading. Please note that Zoning in Progress was initiated at that time.
Land Use Committee review pending as of this writing.
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
AGENDA ITEM
DATE
'R5H
\Z-Iq-O J
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
hltp:\\ci. miami-beach. fl. us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM
Mayor David Dermer and DATE: December19,2OO1
Members of the City Commission
Jorge M. Gonzalez , . ~
City Manager 0 "^"'D SECOND READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA ESTABLISHING A TEMPORARY
MO~ TORIUM ON INTERIM PROCEDURES FOR THE ISSUANCE OF
DEMOLITION PERMITS FOR SINGLE FAMILY HOMES CONSTRUCTED
THROUGH 4-950 1940 AND LOCATED OUTSIDE A DESIGNATED
HISTORIC DISTRICT, EXCEPT FOLLOWING THE ISSUANCE OF A
CERTIFICATE OF APPROPRIATENESS; PROVIDING INTERIM
PROCEDURES FOR THE REVIEW AND APPROVAL BY THE HISTORIC
PRESERVATION BOARD OR STAFF, WHERE APPROPRIATE, OF
APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS FOR THE
DEMOLITION OF SUCH HOMES; PROVIDING THAT THE MORATORIUM
INTERIM PROCEDURES SHALL AUTOMATICALLY DISSOLVE UPON
THE EARLIER OF JUNE 8 MARCH 29, 2002, OR UPON THE ADOPTION
OF AMENDMENTS TO THE MIAMI BEACH CITY CODE RELATING TO
THE DEMOLITION OF SINGLE FAMILY HOMES; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Pending Land Use and Development Committee discussion, will submit recommendation
under separate cover.
ANALYSIS:
At the September 5, 2001 meeting, the City Commission directed the administration to
prepare an Ordinance that would establish interim procedures for the protection of single
family homes within the City. Additionally, the City Commission requested that historic
designation proceedings for certain single family homes commence. Attached, please find
a proposed Ordinance for existing single family homes within the City of Miami Beach,
which are not located within a designated historic district.
December 19,2001
Commission Memorandum
Moratorium Ordinance - Single Family Homes.
Page 2 of 2
On October 17, 2001 the City Commission approved the proposed Moratorium Ordinance
on First Reading.
On November 28, 2001, the City Commission held the second reading of the proposed
ordinance. At the conclusion of the public testimony, the Commission began to propose
a series of amendments to the ordinance. It was decided at that time to forward the
proposed modifications to the Land Use and Development Committee (LUDC) for
discussion. The LUDC scheduled a meeting for December 10, 2001, but unfortunately, that
meeting was rescheduled to December 17, 2001. As of the writing of this report, the LUDC
has not met. The administration will provide a verbal report to the City Commission on the
LUDC's review of the proposed modifications.
Attached is a draft copy of the ordinance as presented to the LUDC. It is anticipated that
the Committee will refine and finalize these modifications. If any further modifications are
recommended by the LUDC, then said revisions will be presented to the Commission at
the continuation of the second reading of the ordinance.
It is important to note that this ordinance establishes only an interim procedure while the
Administration drafts amendments, or a series of amendments, to the Land Development
Regulations. These amendments will address the issue of providing a level of protection
to the City's architectural resources as represented by significant single family homes.
JMG:CAA'tJGG:TRM
L:lCMGR\AGENOA\2001\dec1901\REGULAR_UIllORIinanco-memo.doc
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING ON
TEMPORARY MORATORIUM
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NOTICE IS HEREBY given that a pyblic hearing will be held by the
Maypr and Citv Commission of the Citv of Miami Beach. Florida, on
Weanesday, Nbvember 28, 2001 at' fO:50 a.m. in the Commission
Chambers, 3rd floor, City Hall, {too Convention Center Drive, Miami
Beach, Florida.
During this meeting the City Commission will hold a second reading,
public-hearing to consider the following:
.,,:
I:
ALL INTERESTED PARTIES are invited to ap,pear at this meeting, or
be represented by an agent, or to express their views in writing .
addressed to the City Commission, c/o the City Clerk, '1700 Convention
Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies
of this ortlinance are available for public inspection during normal
business hours in the City Clerk's Office, 1700 Convention Center Drive,
1st Floor, City Hall, Miami Beach, Florida 33139. This meetinll may be
continued and under such circumstances additional legal notice would
not be provided. .
. Rob~rt E. Parcher, City Clerk
City otMiami Beach
Pursuant to Section 286.0105, Fla. Stat.. the City he~ advises the public that: if a person
decides to appe8I any decision made.by the City Commission with respect to any ~tter .
considered at its meeting or Its hearing, such person must ensure that a verbatlmJecord of the
proceedings Is made. which record includes the tesUmony and BYidenca upon" which the appeal
IS to be based. This notice does not consthute consent by the City for the introduction or
admission of otherwise inadmissible or irre/evaint-evidence, nor.doeslt authorize challenges or
appeaIs_nototherwfse allowed by law. ' " - _ _ _ '. _',' -',' ___
In accordance with the Americans with Disabilities Act of 1990. persons needing special .
accommodation to participate In this proceedlhg should contact the City .Clerk's Qffice no later
than four days prior to the proceeding, telephone (305) 67$74t t lor assistance; if hearing \
impaired, telephone the Florida Relay Service numbEt~,.(800) 9SS-en1 (TOO) or (800) 955
eno (VOICEl. for assistance. ' , . ,
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF TIlE CITY OF MIAMI BEACH, FLORIDA
ESTABLISIDNG .\ TEMPORARY U9R.\TORIUM ON
INTERIM PROCEDURES FOR THE ISSUANCE OF
DEMOLITION PERMITS FOR SINGLE FAMILY HOMES
CONSTRUCTED THROUGH ~ 1941 AND LOCATED
OUTSIDE A DESIGNATED HISTORIC DISTRICT, EXCEPT
FOLLOWING THE ISSUANCE OF A CERTIFICATE OF
APPROPRIATENESS; PROVIDING INTERIM PROCEDURES
FOR TIlE REVIEW AND APPROVAL BY TIlE HISTORIC
PRESERVATION BOARD OR STAFF, WHERE
APPROPRIATE, OF APPLICATIONS FOR CERTIFICATES
OF APPROPRIATENESS FOR TIlE DEMOLmON OF SUCH
HOMES; PROVIDING THAT THE MOIt...._T~f INTERIM
PROCEDURES SHALL AUTOMATICALLY DISSOLVE
UPON THE EARLIER OF .JUNE 8 MARCH 29, 2002, OR
UPON THE ADOPTION OF AMENDMENTS TO THE MIAMI
BEACH CITY CODE RELATING TO THE DEMOLmON OF
SINGLE FAMILY HOMES; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") is in the process of surveying existing single
family homes in order to identify significant architectural structures; and
WHEREAS, pending the consideration of legislation by the City relative to retaining,
protecting and preserving single family homes with architectural significance, the City Commission
deems it in the best interest and welfare of the City to impose a ~9F81'y Bi9fllt9l'fttm 9ft interim
Drocedures for the issuance of demolition pennits for all single family homes constructed through
+%G 1941 and located outside of a designated historic district, unless a Certificate of
Appropriateness -from the Historic Preservation Board or staff is first obtained; and
WHERAS, the City Commission deems it appropriate to adopt interim procedures for the
review and approval of Certificates of Appropriateness for such homes, which interim procedures
parallel those procedures presently in effect for single family homes in historic districts; and
WHEREAS, the Biefllteama anEl interim procedures adopted by this Ordinance shall
automatically dissolve upon the earlier of JuRe g March 29. 2002 or upon the adoption of
amendments to the Miami Beach City Code relating to the demolition of single family homes and
related procedures for Certificates of Appropriateness.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That a telBflef8:1'Y Bieflltel'iwR is interim Drocedures are hereby imposed on the
demolition of single family homes constructed through ~ 1941 and located onlv
within single familv residential areas of the City, and any such demolition shall
hereinafter only be permitted as follows:
(a) We Total demolition of any single family home constructed thrOugh~ 1941 shall not
be permitted, unless a Certificate of Appropriateness is obtained from (n the Planning
Director. or designee. following the determination that the subiect structure is not an
historicallv significant DroDertv. as defined in the Land DeveloDment Regulations of the City
Code: or (ii) the Historic Preservation Board, pursuant to the requirements of Chapter 118,
Article II, Division 4, and Chapter 118, Article X of the Land Development Regulations of
the City Code. A recuest for a Certificate of ADDroDriateness for the Total Demolition of a
single familv home constructed thrOulZh 1941 shall be Drocessed bv the Planning DeDartment
within seven (7) business davs of its submission. No application fees for the Historic
Preservation Board shall be required during the period the Meflltefiwl OfEHnanee is interim
Drocedures are in place;
(b) LimiteEl Demolition to accommodate additions or miRef modifications to the exterior
of any existing single family home constructed through ~ 1941, may ~e re>AevleEl QBQ
afJllfsveEl By shall not be nermitted unless a Certificate of AooroDriateness is obtained from
the Planning Department, in accordance with sufficient historic documentation for the
Dronertv. as determined bv staff. the Land Development Regulations of the City Code, and
as hereinafter setforth. Such review shall be limited to the actual portion of the structure
which is proposed to be modified, demolished or altered. gJlesiHeaUy, aJlJllisatieBB
iR'leWAg miner l'epaH:s, EleBieli.tiell, altefatieBfl QBQ imJll'eyemeRls {aB ElefiDeEl ~ele'N QBQ By
a6E1itieBal Elesiga gaiElelines a69flteEl ~y 1M }listeRs Pi'es8MltieR ReaN iR eeBflUltetieR '.vitk
1M PIlHming Difester er ElesigBee), may ~e af'flre".reEl By 1M s1aft" ef 1M His1eRs Pfes8MltieR
Beard. The staft" may aJlJlreve, aJlJlre'le ':.~ eeRElitieRs, er Eleey a CeRi.Heate ef
:\JlJlreJlRateeess; SlieR meEHHeatieRs BREllimiteEl ElemelitieR may ~e f9ElweEl te e\:M:aiR a
CemHsate ef :'~reJlRateRess flem 1:ke Wisteris PreS9R'aBee Beard, sul:Jjeet te1:ke HRal
Elet9fRliRatieR ef1:ke PIBR..-HRg I>9flatWeRt. No application fees for staff level review shall
be required during the period the MefllteRlUR Ol:&R8Bse is interim Drocedures are in place.
The above noted miRer l'epairs, demolition, akeflltieBfl QBQ iml'll&v9IReRle and modifications
shall include the following, as determined bv staff:
i. Demolition BBseeiateEl \'.<i.tk gf'ellREI le>lel aallitief16 te euistiBg &1faem1;es, Bet 19
81[eeeEl P.ve steRes iR ll.ei.gl:lt, 'l.nillk are Ret suhstaBtially '.'isiele Hem tke JlU~li.e Rght
ef 'Nay (enekiEllRg fear aII~'s), any v.raterfreRt er J!Q~lie JlIVIEs, Pfe'.'iEleEl 8l:IeR gFeYllEl
hl'lel aElEliQeRs which does not feEtYH:e tke ElemelitieR er akemtieR ef affect
architecturally significant portions of a building or structure. Fer tkese lets 1:IREler
3,990 SlfY8N feet, tke ileer area ef1M JlftlJle!leEl aallitiee may Bet 81EeeeEl30 Jl9feeBt
sf tlte ileel &rea Bf 1Be en-isting MNeftlre aF I'rimary let, vlhielw.~er is less, \"'.idt a
mlB[iRNml 191&1 Reer llfea Rat te exeeeEl1,500 sE[lHW feet. Fer 1:gese lele ~ep.'leee
5,900 sEl1l8fe feet anti 19,999 sEfYaFe feet, 1M ileer 8fellaf1M JlI'eJleseEl aaEHaeR may
Ret e*eeeEl 29 JlereeRt ef tke ileer area ef tke euistiRg 91nlemre er Jll'imary let,
WmeB&'Jer is less, ',\'*B a mmamum te1&l ileer area Bet te 81[eeeEl2,999 sEl1l8fe feet.
Fer tkese lets greatl!l'tBan 19,QQQ SE[U&N feet, 1M Fleer area ef 1M l*"8pe!leEl aElEHti9R
may Ret eJ[eeeEll 9 Jl9feeat sf 1:ke Fleer area ef tke 81Bs9Rg stRis_e er Jlrimtuy let,
.....:hieRBylBr is les8, "'.vifIt a mammYIB. tetal ileer area Bet te 8neeeEl3,ggg SEllHlfB feet.
ii. RBI'laeslIl8Rt sf ....viR4e,..'~, Elsels, er dte aptJre".w Bf a"'Nf1ings, eanBl'ies, eNtefier
8l:Il'faee sele1'8 QBQ stefRl sltattefs.
The demolition of architecturallv silmificant oortions of a buildinlZ or structure.
provided such alterations are architecturally aD:proDriate to the original design and
scale of the building. '
Hi. Demolition associated with facade and building restorations, feeeBimeREleEl ~y sWr,
which are consistent with historic documentation; Jlf9'AEleEl1:ke Elegree ef El9IRelitieR
JlteJleseEl is Ret 8Q~etaBtial ar sigBifieant anEl Elees Ret reEl_ tke El9IReliaaR er
ak9fatieR ef llfeR4teeM:ally sigaitieBRt Jlertiel16 ef a 1:nlilEliRg er stRiet1lre.
Po<. MiRer demeliMee BREI akeflltieBB te aaElress aeee!lsieility, life safetr, meeB&Bieal
BREI etker afJllliea~le seEle feElWemeRls, flre'.'iEleEltke Elegree ef ElemelitieR
JlrepeseEl is Ret 8l:I~staRarH er sigamellBt anEl dees Ret f9ltwe 1:ke llemelitiee er
~eR ef areR4teeM:ally sigaitiellRt JlertieBfl ef a ~1Ii1EliRg er swemre.
.... MiRer ElemeliMeR MEI akemgeRB te rear BREI seeeMtVy _aEles te aeeemmellate
lItilities, f9fase EH8Jlesal &:REI stef&ge, Pf9YideEltke Elegree ef El9IRelitieR Jlf9Jlesea
is Bet !lll~staRtial er sigaitiellBt QBQ Elees Ret f9Elwe 1:ke d9IRelUiaR er aketratieR ef
8HkHeetuflllly sigRiHSBRt JleRieRs ef a ~ailEliBg er !MIietare.
(c) The Planning Director. or designee. mav issue a Certificate of AD1)fODriateness for the
demolition of a single familv home constructed throulZh 1941 if the Building Official
determines (1) that the home is structurallv unsafe. or (2) that the cost of the renovation
of the home exceeds 50% of the value determination of the structure. and the Dronertv
is ordered to meet minimum flood elevation recuirements.
(d) Demolition of the interior of an existing single family home constructed through ~
1941. including plumbing, electrical and mechanical systems, shall not require a
Certificate of Appropriateness, Drovided it has no adverse imDact uoon the structural
integrity of the original exterior wall and original exterior features:
( e) Demolition of an existing single family home constructed after ~ 1941, shall not
require a Certificate of Appropriateness;
(f) The City's Building Official shall not issue demolition permits for homes covered by this
ordinance except following the issuance of a Certificate of Appropriateness as provided
herein; ,
(g) This teHl.Jlel'8fY mef&teFftuR These interim nrocedures shall only apply to those structures
not located within a designated historic district;
(h) This temJlefll1'Y mefllteftam QBQ These interim procedures shall aut omatically dissolve
upon the earlier of Me g March 29. 2002 or upon the adoption of amendments to the
Miami Beach City Code relating to demolition of single family homes not located within
a designated historic districtand related procedures for Certificates of Appropriateness;
and
(i) ADDeals from staff decisions and determinations under this ordinance shall be to the
Historic Preservation Board and must be filed within 20 davs of the decision or
determination.
SECTION 2. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 3. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of
.2001.
ATTEST:
MAYOR
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
Date
gtrike1J:H:eagh and Underscore: Represent Modifications Proposed by the City Commission and the
Land Use Committee
L:\CMGRIAGENDAI2OO1\DEC1901\REGULARIMORATORIUM-ORDINANCE.DOC