Ordinance 81-2272 ORDINANCE NO. 81-2272
AN ORDINANCE OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING
ORDINANCE NO. 1891 OF THE CITY OF
MIAMI BEACH, THE SAME BEING THE
COMPREHENSIVE ZONING ORDINANCE,
ADDING A NEW SECTION 23, SITE PLAN
REVIEW REGULATIONS; .REPEALING
ORDINANCES IN CONFLICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
Section 1: That Ordinance No. 1891 of the City of Miami Beach is hereby amended by the
addition of a new Section 23, including Subsection 23-1, 23-2, 23-3, 23-4, 23-5, 23-6, 23-7
and 23-8 to read as follows:
23-1 PURPOSE
The purpose of the Site Plan Review is to promote quality development of land uses,
buildings, and structures which enhance the value of property and the physical
environment of the Community.
23-2 SCOPE OF REVIEW
Site Plan Review encompasses the examination of:
A. the existing and proposed conditions of the lot, including but not necessarily
limited to topography, vegetation, trees, drainage, and waterways.
B. the location of all existing an proposed buildings, drives, parking spaces,
walkways, means of ingress and egress, drainage facilities, utility services,
landscaping structures and signs, and lighting and screening devices.
C. the dimensions of all buildings, structures, setbacks, parking spaces, floor area
ratio, height, lot coverage and any other information that may be reasonably
required to determine compliance with the Miami Beach Zoning Ordinance.
23-3 APPLICABILITY AND EXEMPTIONS
A. Applicability. All building permits for new construction or additions to
existing buildings in the City of Miami Beach shall be subject to Site Plan
Review with the exception of:
1. single family homes.
2. public and private development subject to regulations under Section 7-1
Conditional Uses and Section 14-3 Site Plans.
B. Exemptions. Exemptions to these regulations include all the following
provided no new construction and/or additions to existing buildings are
required:
1. all permits for plumbing, heating, air conditioning, elevators, fire alarms
and extinguishing equipment, and all other mechanical and electrical
equipment.
2. any permit necessary for the compliance with a lawful order of the Code
Enforcement Director, Fire Marshall or Public Works Director including:
a. any permit necessary for the immediate public health or safety.
b. all permits for interior alterations and repairs.
c. all permits for demolition or wrecking.
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23-4 CRITERION FOR SITE PLAN REVIEW
In analyzing the Site Plan:
A. the design and layout of buildings shall be reviewed so as to provide an
efficient arrangement of land uses. Particular attention shall be given to
safety and fire protection, relationship to the surrounding neighborhood and
impact on contiguous and adjacent buildings and lands.
B. pedestrian and vehicular traffic movement within and adjacent to the site
shall be reviewed to ensure that all parking spaces are usable and are safely
and conveniently arranged. Access to the site from adjacent roads shall be
designed so as to interfere as little as possible with traffic flow on these roads
and to permit vehicles a rapid and safe ingress and egress to the site.
C. lighting shall be reviewed to ensure safe movement of persons and vehicles;
for security purposes and to minimize glare and reflection on adjacent
properties.
D. landscape and paving materials shall be reviewed so as to ensure an adequate
relationship with and enhancement of the overall site plan design.
E. buffering materials shall be reviewed to ensure that headlights of vehicles,
noise, light from structures and the movement of people and vehicles are
purposely shielded from public view.
F. storm drainage, sanitary waste disposal, and water supply shall be reviewed
and considered in terms of the adequacy of existing systems, and the need for
improvements, both on-site and off-site, to adequately carry runoff and
sewage, and to maintain an adequate supply of water at sufficient pressure.
G. garbage disposal shall be reviewed to ensure freedom from vermin and rodent
infestation. All disposal systems shall meet municipal specifications as to
installation and construction.
H. the overall project shall be reviewed for compliance with the City's Compre-
hensive Plan or special plans that apply to or affect the subject property.
23-5 APPLICATION PROCEDURE
The applicant shall obtain a Site Plan Review application and checklist from the
Code Enforcement Division which shall be responsible for the overall coordination
and administration of the site plan review process. Once the application has been
submitted and determined to be complete, the Code Enforcement Division shall have
up to fifteen (15) working days from date of receipt of completed plans required
herein for conducting staff review and rendering a decision. If any revisions and/or
modifications are necessary to gain approval of the site plan, the applicant shall
submit a revised site plan indicating all said revisions or modifications. In the event
a re-submission of plans is required, 1) an additional five (5) working days may be
required for completing the processing of plans which comply with all Staff original
recommendations; 2) an additional fifteen (15) working days may be required for
processing and re-analyzing plans which do not reflect the original recommended
revisions and/or modifications. Failure to render a decision within the time limits
specified herein, provided all required data has been submitted by the applicant as
required by the provision of this Section, shall constitute site plan approval of such
plans and specifications. However, approval shall not preempt the applicant's
responsibility to comply with any and all zoning and building requirements of the
City, county and state.
23-6 APPEAL
The applicant may appeal a decision regarding any or all revisions and/or modifica-
tions to the Miami Beach Planning Board.
23-7 FINAL SITE PLAN SUBMISSION AND APPROVAL
A. Submission. The applicant shall be responsible for submission of a Final Site
Plan indicating all required revisions and/or modifications.
B. Approval. Approval of the Final Site Plan shall be so indicated by affixing an
official stamp of the Code Enforcement Division on the Final Site Plan. Said
plans shall be dated and signed by the Code Enforcement Division.
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23-8 APPLICATION FOR BUILDING PERMIT
No building permit shall be issued for any plan subject to site plan review except in
conformance with the approved Final Site Plan. The applicant shall have up to one
(1) year from the date of final site plan approval to obtain all necessary building
permits required to proceed with construction. If the applicant fails to obtain said
building permit (s) within said time period, all Staff approvals shall be null and void
and the applicant shall be required to re-initiate the site plan review process.
An applicant may submit an application for a building permit simultaneously with
site plan review to expedite processing, however, no building permit shall be issued
until the Final Site Plan has been approved and stamped by the Code Enforcement
Division in accordance with Section 23-7 herein.
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, sub-section, 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 holding shall not affect the validity of the remaining portions of this
Ordinance.
Section 4: This Ordinance shall become effective upon its passage in accordance with
law.
PASSED AND ADOPTED this 2nd day of September
987 •
ATTEST: ayo r
Aft/0-;'ir
City lerk
1st Reading - July 8, 1981
2nd Reading - September 2, 1981
APP`,•VED
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