Ordinance 2000-3269 ORDINANCE NO. 2000-3269
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,ARTICLE II,DIVISION 5,ENTITLED "BOARD OF
ADJUSTMENT" BY AMENDING SECTION 118-137 TO PROVIDE THAT
CERTAIN DEVELOPMENT APPROVALS ARE NOT AFFECTED BY AN
ADMINISTRATIVE APPEAL TO THE BOARD OF ADJUSTMENT AND NO
STAY OR TOLLING RESULTS,BY AMENDING CHAPTER 118,ARTICLE VIII,
ENTITLED "PROCEDURE FOR VARIANCES AND ADMINISTRATIVE
APPEALS" BY AMENDING SECTION 118-355 TO CLARIFY AND EXPAND
THE TIME FRAMES FOR OBTAINING A BUILDING PERMIT; PROVIDING
FOR INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, certain development approvals are not affected by administrative appeals to
the Board of Adjustment; and
WHEREAS, all variance applications approved by the City of Miami Beach Board of
Adjustment are required to obtain a building permit within a specified period of time; and
WHEREAS, it is in the best interest of the City of Miami Beach for all variance
approvals to be consistent with other development approvals in terms of time periods to obtain a
Full Building Permit; 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,Article II,Division 5, entitled"Board of Adjustment" of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Sec. 118-137. Stay of work and proceedings on appeal.
An appeal to the board of adjustment stays all work on the premises and all proceedings in
furtherance of the action appealed from unless the official from whom the appeal was taken shall
certify to the board of adjustment that,by reason of facts stated in the certificate, a stay would cause
imminent peril to life or property. In such a case,proceedings or work shall not be stayed except by
a restraining order which may be granted by the board of adjustment or by a court of record upon
application, upon notice to the officer from whom the appeal is taken and for due cause shown.
Notwithstanding the foregoing, an appeal to the board of adjustment or court, or other challenge to
an administrative official's decision, shall neither stay the issuance of any building permit, full
building permit or phased building permit nor stay the running of the required time period set by
board order or these land development regulations to obtain a full building permit or phased building
permit.
SECTION 2. That Chapter 118,Article VIII,entitled"Procedure for Variances and Administrative
Appeals" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is
hereby amended as follows:
Sec. 118-355. Variance time limits; decisions; establishment of parking impact fees.
(a) The board of adjustment may prescribe a reasonable time limit within which the action for
which the variance is required shall begin or be completed or both. •'. ••• - . .' - : .. • ,The
Applicant shall have up to one (1)year. or such lesser time as may be specified by the Board, from
the date of the board meeting at which a variance was granted to obtain a full building permit. The
foregoing one (1)year time period, or lesser time period, includes the time period during which an
appeal of the decision of the board of adjustment may be filed. If the Applicant fails to obtain a full
building permit within one(1)year, or such lesser time as is specified. of the board meeting date at
which a variance was granted and/or construction does not commence and proceed in accordance
with such permit and the requirements of the South Florida Building Code, the variance shall be
deemed null and void. Extensions for good cause, not to exceed a total of one (1) year for all
extensions, may be granted by the board of adjustment,provided the applicant submits a request in
writing to the planning and zoning director in advance of the expiration of such variance showing
good cause for such an extension. In the event a proposed code amendment renders a project with
a variance approval non-conforming, as more specifically set forth in sections 118-168 and 118-169
of this code, then such project shall not be eligible to receive an extension of time granted by the
board of adjustment for any reason. . .. ' : - • .. :• : .•• •' : . ••• ' -• •
. .: , .. - - ..: . : .. . • . - - - - - - . . . . ..• 1.• . • .
period- n,t to eAeced one year. Such requ.stmliall oecat vvithin the two-y..ar period. If the building
. , - . . .. . • . . , , - , - -
• • • • : .. . •• - . . •.•.. . . . : -'. . - ..' - ...-• . .- '..,
notice requirements as listed in section 118-134 shall not apply;however,the request shall be placed
the public hearing-date. Notwithstanding the foregoing, in the event the decision of the board of
adjustment,with respect to a variance request. is timely appealed, the applicant shall have one (1) year.
or such lesser time as may be specified by the Board,from the date of final resolution of all administrative
and/or court proceedings to obtain a full building permit.
SECTION 3. INCLUSION IN THE CITY CODE. 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 renumbered or
2
relettered to accomplish such intention; and that the word"ordinance" may be changed to "section"
or other appropriate word.
•
SECTION 4. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 27th day of September , 2000.
M OR
ATT
CITY CLERK
1st reading 9/13/00
2nd reading 9/27/00
=new language
Stirkeout= deleted language
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17 July 2000
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Hy Attorney Date
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. -7 -b o
TO: Mayor Neisen O. Kasdin and Date: September 27, 2000
Members of the City Commission
FROM Jorge M. Gonzalez
City Manager SECOND READING PUBLIC HEARING
SUBJECT: Ordinance- Board of Adjustment Timeframes and Procedures
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, Article II, Division 5, Entitled
"Board of Adjustment" by Amending Section 118-137 to Provide That Certain
Development Approvals Are Not Affected by an Administrative Appeal to the
Board of Adjustment and No Stay or Tolling Results, by Amending Chapter
118, Article VIII, Entitled "Procedure for Variances and Administrative
Appeals" by Amending Section 118-355 to Clarify and Expand the Time
Frames for Obtaining a Building Permit; Providing for Inclusion in the City
Code; Providing for Repealer, Severability and an Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission, upon second reading public hearing,
adopt the proposed amending Ordinance.
ANALYSIS
An application for an amendment to the Land Development Regulations of the City Code for
modifications to the Board of Adjustment and Procedure for Variances and Administrative Appeals
sections of the Code was sponsored by the Planning Board at the request of Planning Department
staff on April 25, 2000.
Currently, any appeal to the board of adjustment stays all work on the subject premises and all
proceedings in furtherance of the action appealed from. This section of the Code has been utilized
by individuals to circumvent the one-year time frame for obtaining a building permit, for non-
conforming projects. In order to remove this"loop-hole" for extending the time frames for non-
conforming projects, while still protecting the appellate rights of individuals, new language has
AGENDA ITEM teS-r
•
DATE 9-27-on
T:\AGENDA\2000\SEP2700\REGULAR\CM-BOA.WPD
Commission Memorandum •
September 27, 2000
Ordinance -Board of Adjustment Timeframes and Procedures
Page 2
been inserted in the code which dictates that an appeal or challenge to an administrative official's
decision shall neither stay the issuance of any building permit, full building permit or phased
building permit nor stay the running of the required time period set by board order or the land
development regulations to obtain a full building permit.
This amending Ordinance also modifies the required time periods for obtaining a Building Permit
for variances, to be consistent with the other development review boards. Currently, the Code
requires that a Building Permit be obtained within six(6)months of the issuance of a variance. The
proposed modifications incorporate a one (1)year time frame to obtain a Full Building Permit and
allow for the Board of Adjustment to grant an extension of time for up to one(1)additional year;the
one (1)year time frame will run from the date of the meeting at which a variance was granted.
At its July 25,2000 meeting,the Planning Board voted 5-0 to recommend approval of the proposed
Ordinance. The Ordinance amendment was reviewed favorably by the Historic Preservation Board
on August 8, 2000.
The City Commission approved the proposed ordinance on first reading on September 13, 2000.
Based on the foregoing analysis,the Administration recommends that the Commission adopt, upon
second reading public hearing,the proposed amending ordinance to Chapter 118,Article II,Division
5, Entitled "Board of Adjustment" and Chapter 118,Article VIII,Entitled "Procedure for Variances
and Administrative Appeals"of the Land Development Regulations of the Code of the City of Miami
Beach.
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