Ordinance 2018-4182ADMINISTRATIVE REVIEW OF BALCONIES FOR LIFE SAFETY MODIFICATIONS
ORDINANCE NO.
2018 -4182
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, FLORIDA, BY AMENDING CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE VI,
"DESIGN REVIEW PROCEDURES," AT SECTION 118 -260,
ENTITLED "ADMINISTRATIVE REVIEW PROCEDURES," TO
PROVIDE AN EXCEPTION FOR ADMINISTRATIVE REVIEW OF
BALCONIES; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, properties constructed prior to 2015 may have balconies that are shorter
than 42 inches, and may contain gaps, spacing of more than four (4) inches, which have been
determined under the Life Safety Code to be a risk for minor children and for persons to
possibly fall from the lower balcony railings and larger gapped balconies; and
WHEREAS, to ensure compliance with the State life safety codes, and to assist property
owners so that they do not have to reconstruct their balconies, the City desires to amend the
administrative review procedures for the structures under the jurisdiction of the Design Review
Board to authorize the planning department to administratively review balcony modifications that
do not materially modify the design of existing balconies; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 118, "Administration and Review Procedures," Article VI, "Design
Review Procedures," at Section 118 -260, " is hereby amended, as follows:
Sec. 118 -260. - Administrative review procedures.
(a) The planning director or designated representative; shall have the authority to approve,
approve with conditions or deny an application on behalf of the board, for the following:
(1) Ground level additions to existing structures, not to exceed two stories in height,
which are not substantially visible from the public right -of -way, any waterfront or public
park. For those lots which are greater than 10,000 square feet, the floor area of the
proposed addition may not exceed ten percent of the floor area of the existing structure
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or primary lot, whichever is less, with a maximum total floor area not to exceed 5,000
square feet.
(2) Replacement of windows, doors, storefront frames and windows, or the approval of
awnings, canopies, exterior surface colors, storm shutters and signs.
(3) Facade and building alterations, renovations and restorations which are minor in
nature.
(4) Minor demolition and alterations to address accessibility, life safety, mechanical and
other applicable code requirements.
(5) Minor demolition and alterations to rear and secondary facades to accommodate
utilities, refuse disposal and storage.
(6) Minor work associated with the public interiors of buildings and those interior
portions of commercial structures which front a street or sidewalk.
(7) Minor work involving public improvements upon public rights -of -way and easements.
(8) Minor work which is associated with rehabilitations and additions to existing
buildings, or the construction, repair, or rehabilitation of new or existing walls, at -grade
parking lots, fences.
(9) Applications related to exterior balcony, terrace, porch and stairway safety rails on
existing buildings, which have become non - conforming as it pertains to applicable
Florida State Codes, and which have been issued a violation by an agency or city
department responsible for the enforcement of Florida Statutes associated with life
safety codes. Modifications required to address compliance with applicable state life
safety codes shall be consistent with the original design character of the existing rails,
and may include the introduction of secondary materials such as fabric mesh, solid
panels and glass panels.
The director's decision shall be based upon the criteria listed in this article. The applicant may
appeal a decision of the planning director to the design review board, pursuant to the procedural
requirements of Section 118 -9.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
re- lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section ", "article ", 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, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 1/ day of 74p
ATTEST:
1
, 2018.
Mayor Dan Gelber
'.
Rafa -1 E. G anado, C ty C erk
First Reading: March 7, 2018
Second Reading: April 11, 2018
APPROVED AS TO
FORM & LANGUAGE
& FO a EXEICUTION
(Sponsor: Commissioner J +hn Eli o!
Verified by:
Thomas R. Mooney, Al
Planning Director
Underscore denotes new language
Strikethrough denotes removed language
T:\AGENDA\2018 \03 March \Planning \Balcony Rail Adm Review - First Reading ORD.docx
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MIAM
BEACH
Ordinances - R5 E
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 11, 2018
10:20 a.m. Second Reading Public Hearing
SUBJECT: ADMINISTRATIVE REVIEW OF BALCONIES FOR LIFE SAFETY MODIFICATIONS:
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, FLORIDA, BY
AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES,"
ARTICLE VI, "DESIGN REVIEW PROCEDURES," AT SECTION 118 -260,
ENTITLED "ADMINISTRATIVE REVIEW PROCEDURES," TO PROVIDE AN
EXCEPTION FOR ADMINISTRATIVE REVIEW OF BALCONIES; PROVIDING
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends.that,tfe ity Commission adopt the subject Ordinance.
ANALYSIS
HISTORY
On December 13, 2017, at the request of Vice -Mayor John Elizabeth Aleman, the City Commission
referred the subject ordinance to the Land Use and Development Committee (LUDC) and Planning
Board for consideration and recommendation (Item C4Z).
On February 7, 2018, the LUDC discussed the item and recommended that the Planning Board
transmit the ordinance to the City Commission with a favorable recommendation by Acclamation.
PLANNING ANALYSIS
Under the Land Development Regulations of the City Code, any exterior improvements or
modifications proposed for buildings located in commercial or multi- family zoning districts require the
review and approval of the Design Review Board (DRB). However, under Sec. 118 -260 of the
LDR's, certain exterior improvements may be reviewed at staff level. Currently, such administrative
review does not extend to new or significant modifications to exterior balcony and terrace rails.
The proposed ordinance would modify the administrative review procedures relating to balconies,
terraces, porch and stairway safety rails. Such review would be to address balconies and terraces
that have become non - conforming as to the Florida Life Safety Code. In this regard, some older
buildings in the City have balconies and terraces that do not meet current minimum Life Safety Code
requirements for railing height and the maximum width of openings within a rail. In order to provide
staff with more flexibility to review modification to balconies to address the requirements of the Life
Safety Codes, the provisions of Section 118 -26p are proposed to be modified as follows:
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Sec. 118 -260. - Administrative review procedures.
(a) The planning director or designated representative, shall have the authority to approve, approve
with conditions or deny an application on behalf of the board, for the following:
(9) Applications related to exterior balcony, terrace, porch and stairway safety rails on existing
buildings, which have become non- conforming as it pertains to applicable Florida State Codes, and
which have been issued a violation by an agency or city department responsible for the enforcement
of Florida Statutes associated with life and safety codes. Modifications required to address
compliance with applicable State Codes shall be consistent with the original design character of the
existing rails, and may include the introduction of secondary materials such as fabric mesh, solid
panels and glass panels.
The proposal herein is specific to those properties that are subject to design review approval, and
would allow for administrative review of more substantial alterations to balconies, terraces, porches
and stairway safety rails. Staff level design review would be in addition to all other applicable
regulatory reviews, including Building (structural) and Fire. The proposal herein is not applicable to
properties located within a locally designated historic district or site.
PLANNING BOARD REVIEW
On February 27, 2018, the Planning Board transmitted the proposed Ordinance Amendment to the
City Commission with a favorable recommendation.
UPDATE
The subject Ordinance was approved at First Reading on March 7, 2018, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
a Form Approved ORDINANCE
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