RESOLUTION 89-19664 RESOLUTION NO. 89-19664
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ADOPTING A PROCEDURE
FOR RETENTION OF ILLEGALLY SUBDIVIDED UNITS,
UNDERSIZED UNITS OR ILLEGALLY INSTALLED
KITCHENS AND REPEALING RESOLUTION NO. 87-18939 .
WHEREAS, the City Commission of the City of Miami Beach has
been aware and concerned that a policy concerning illegally
subdivided units, units containing less than the required 400 sq.
ft. of space, and units with illegally installed kitchens, should
be established; and
WHEREAS, the City Commission desires to allow property owners
an opportunity to legally establish non-conforming units while
encouraging continued positive growth in the City,
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA adopts the procedure attached hereto
for retention of illegally subdivided units, undersized units or
illegally installed kitchens and repeals Resolution No. 87-18989 .
PASSED and ADOPTED this 12th day of July , 1989 .
OR
ATTEST:
CITY CLERK
FORM APPROVED:
731ir
LEGAL DEPARTMENT
DATE: (07
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A: \PROCEDR2 .RES
PROCEDURE FOR RETENTION OF ILLEGALLY SUBDIVIDED UNITS,
UNDERSIZED UNITS OR ILLEGALLY INSTALLED KITCHENS
The following procedure is only applicable to zoning violation
notices for buildings or structures which contain units which are
illegally subdivided, units which have illegally installed kitchens
and units which are below the minimum size established by the City.
Units shall be defined, pursuant to City of Miami Beach Zoning
Ordinance 1891 as amended, as Dwelling Units or Sleeping Units.
A. OPTIONS
Upon receiving a zoning violation notice relating to units
which are illegally subdivided, units which have illegally
installed kitchens and units which are below the minimum size
established by the City along with a copy of this procedure in the
form attached as Exhibit "A" , the property owner shall appear
before the Code Enforcement Board at its next regularly scheduled
hearing and state which of the following actions the owner will
take. If the owner fails to appear before the Code Enforcement
Board at its next regularly scheduled hearing, prosecution of the
violations shall start immediately.
The owner may either:
1) come into compliance with the parking, density and floor
area regulations of the Zoning Ordinance with regard to these units
and obtain a new Certificate of Occupancy, if necessary, within six
(6) months from the date of the zoning violation notice, or
2) conform to the building or structure' s approved floor
plan on record with the City's Building Department, or
3) establish these units as legally non-conforming by:
a) paying a $100 processing fee per building or structure
in violation to the Planning and Zoning Department, and
b) by bringing the building into compliance with the
following codes and requirements within six (6) months of the
date of the zoning violation notice:
i. Owner must show affirmative proof that the building
was purchased prior to September 30, 1987 .
ii. City of Miami Beach Zoning Ordinance 1891 as
amended, with the exception of the density, parking and
floor area regulations (owner must comply with all other
Zoning Ordinance regulations) .
1
If the building is a Historic Structure as defined by the
City of Miami Beach Zoning Ordinance 1891 as amended,
exterior improvements (paint, windows, doors,
architectural detailing) shall substantially meet the
design criteria as listed in the Secretary of Interior' s
Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Structures, U.S . Department of
the Interior (Revised 1983) and as amended. (Compliance
with this requirement is to be determined by the Planning
and Zoning Department. )
iii. South Florida Building Code
iv. Fire Prevention and Safety Code adopted pursuant to
the Code of the City of Miami Beach Ch. 14 , Sec. 14-1 and
14-2 (1988) as amended.
v. Code of the City of Miami Beach Ch. 17A, Rental
Housing and Ch. 17B, Property Maintenance Standards.
vi. Owner must have paid and met all requirements with
regard to permit and license fees.
vii. Owner must have no outstanding City liens on the
property in question.
If the property owner does not comply with all of the above
within six (6) months of the date of the zoning violation notice,
the owner will be prosecuted before the Code Enforcement Board for
the existing violations.
B. CITY ADMINISTRATION PROCEDURES:
The Code Enforcement Department will provide a monthly listing
of all properties cited with the zoning violations in question to
the affected departments. Each of the affected department heads
shall send a written report in the form attached as Exhibit "B" to
the Planning and Zoning Director regarding the status of the
building. The report shall be sent to the Planning and Zoning
Department upon compliance with the applicable code or requirement,
or six (6) months from the date of the zoning violation notice in
question, whichever occurs first.
The departments required to send a written report are as
follows:
1. Fire Department
2 . Code Enforcement Division
3 . Building Department
4 . Planning and Zoning Department
5. Finance Department, Revenue Division, Lien Section
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Upon receipt by the Planning and Zoning Department from all
affected departments that there are no existing violations on the
subject property the Planning and Zoning Department will notify the
Building Official to correct the building card so that the
illegally non-conforming units will now be legally non-conforming.
C. STRUCTURES WHICH ARE NOT ELIGIBLE TO USE THIS PROCEDURE
1. Buildings which are subject to Dade County Unsafe
Structures Board Orders are not eligible to retain illegally non-
conforming units under option #3 .
2 . Units with less than 200 sq. ft. per unit are not
eligible to be retained under option #3 .
3 . If compliance with this procedure would require the owner
to make improvements totalling 50% or more of the Dade County tax
assessed value of the building, the owner will not be permitted to
retain the illegally non-conforming units pursuant to option #3 .
D. SUBSEQUENT RENOVATIONS GREATER THAN 50% OF VALUE OF STRUCTURE
OR REPLACEMENT VALUE
If a building comes into compliance pursuant to option #3 and
subsequently the owner makes renovations of 50% or more of the Dade
County tax assessed value of the building or 50% or more of the
replacement value of the building, the owner must bring the
building into compliance with the density, parking and floor area
regulations of the City of Miami Beach Zoning Ordinance and will
not be able to retain the legally non-conforming units.
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REF:HD/PROCEDU2 .HD
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OPTIONS FOR PROPERTY OWNER WHO HAS RECEIVED A ZONING
VIOLATION NOTICE FOR ILLEGALLY SUBDIVIDED UNITS,
ILLEGALLY INSTALLED KITCHENS AND/OR UNITS WHICH
ARE BELOW STANDARD
Upon receiving a zoning violation notice relating to units
which are illegally subdivided, units which have illegally
installed kitchens and/or units which are below the minimum size
established by the City the property owner shall appear before the
Code Enforcement Board at its next regularly scheduled hearing and
state which of the following actions the owner will take.
The owner may either:
1) come into compliance with the parking, density and floor
area regulations of the Zoning Ordinance with regard to these units
and obtain a new Certificate of Occupancy, if necessary, within
six (6) months from the date of the zoning violation notice, or
2) conform to the building or structure ' s approved floor
plan on record with the City ' s Building Department, or
3) establish these units as legally non-conforming by:
a) paying a $100 processing fee per building or structure
in violation to the Planning and Zoning Department, and
b) by bringing the building into compliance with the
following codes and requirements within six (6) months
of the date of the zoning violation notice:
i. Owner must show affirmative proof that the
building was purchased prior to September 30, 1987 .
ii. City of Miami Beach Zoning Ordinance 1891, as
amended, with the exception of the density, parking
and floor area regulations (owner must comply with
all other Zoning Ordinance regulations) .
If the building is a Historic Structure as defined by the
City of Miami Beach Zoning Ordinance 1981, as amended,
exterior improvements (paint, windows, doors,
architectural detailing) shall substantially meet the
design criteria as listed in the Secretary of Interior' s
Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Structures, U.S. Department of
the Interior (Revised 1983) and as amended. (Compliance
with this requirement is to be determined by the Planning
and Zoning Department. )
iii. South Florida Building Code
iv. Fire Prevention and Safety Code adopted pursuant to
the Code of the City of Miami Beach Ch. 14 , Art. VIII
Sec. 14 (1964) as amended.
v. Code of the City of Miami Beach Ch. 17A, Rental
Housing and Ch. 17B, Property Maintenance Standards.
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vi . Owner must have paid and met all requirements with
regard to permit and license fees.
vii. Owner must have no outstanding City liens on the
property in question.
If the property owner does not comply with all of the above
within six (6) months of the date of the zoning violation notice,
the owner will be prosecuted before the Code Enforcement Board for
the existing violations.
STRUCTURES WHICH ARE NOT ELIGIBLE TO USE THIS PROCEDURE
1. Buildings which are subject to Dade County Unsafe
Structures Board Orders are not eligible to retain illegally non-
conforming units under option #3 .
2 . Units with less than 200 sq. ft. per unit are not
eligible to be retained under option #3 .
3 . If compliance with this procedure would require the owner
to make improvements totalling 50% or more of the Dade County tax
assessed value of the building or 50% or more of the replacement
value of the building, the owner will not be permitted to retain
the illegally non-conforming units pursuant option #3 .
SUBSEQUENT RENOVATIONS GREATER THAN 50% OF VALUE OF STRUCTURE
If a building comes into compliance pursuant to this procedure
and subsequently the owner makes renovations of 50% or more of the
Dade County tax assessed value of the building or 50% or more of
the replacement value of the building, the owner must bring the
building into compliance with the density, parking and floor area
regulations of the City of Miami Beach Zoning Ordinance and will
not be able to retain the legally non-conforming units.
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6/5/89
REF:HD/STRUCTUR.A
2
REPORT ON STATUS OF STRUCTURE
CITED WITH ZONING VIOLATION NOTICES)
FOR ILLEGALLY SUBDIVIDED UNITS, UNDERSIZED
UNITS OR ILLEGALLY INSTALLED KITCHENS
Department: Date:
Street Address and Legal Description of Cited Property:
Date of Applicable Notice of Zoning Violation:
In compliance with applicable code?
If answer above is "no" , what code sections is the structure in
violation of?
Owner of structure met all requirements with regard to permit and
license fees?
If answer above is "no" , what must owner do to meet requirements?
Any outstanding City of Miami Beach liens on the property?
If answer above is "yes" please specify.
DEPARTMENT DIRECTOR
EXHIBIT "B"
OFFICE OF THE CITY ATTORNEY
64 94 Am. evead
F L O R I D A
ARNOLD M. WEINER :*tINcoaP �D #"
� - P.O. BOX 0
CITY ATTORNEY MIAMI BEACH, FLORIDA 33119- .._
``��.H _-
• TELEPHONE (305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO. i-,
TO: Mayor Alex Daoud and DATE: July 12 , 1989
Members of the City Commission
Rob W. Parkins, City Manager
FROM: Arnold M. Weiner rtiviA)
City Attorney
RE: A Resolution creating a procedure for retention of
illegally subdivided units, undersized units or illegally
installed kitchens
During the past four (4) months the Fire Department, Building
Department, Planning & Zoning Department, Code Enforcement
Department and the Legal Department have met to revise the
procedure for retention of illegally subdivided units, undersized
units or illegally installed kitchens. All of the above
departments have had input into and approved the attached revised
procedure for retention of these units.
This procedure will allow the owners of properties with these types
of zoning violations three (3) options to proceed under with a
total of six (6) months within which to act. The procedure also
sets out streamlined guidelines for all departments.
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1.
AGENDA _
ITEM
DATE -"
1700 CONVENTION CENTER DRIVE— FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139
ORIGINAL
RESOLUTION NO. 89-19664
Adopting a procedure for retention of
illegally subdivided units, undersized
units or illegally installed kitchens and
repealing Resolution No. 87-18939.
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