HomeMy WebLinkAboutOrdinance 2021-4446 i
Nonconforming Residential Buildings--Repairs Exceeding 50%
ORDINANCE NO. 2021-4446
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,
"ADMINISTRATION AND. REVIEW PROCEDURES," BY
AMENDING ARTICLE IX, "NONCONFORMANCES," SECTION
118-395, "REPAIR AND/OR REHABILITATION OF
NONCONFORMING BUILDINGS AND USES," TO AMEND THE
REGULATIONS APPLICABLE TO THE REPAIR AND/OR
REHABILITATION OF EXISTING NON-CONFORMING
RESIDENTIAL BUILDINGS; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the"City") has adopted regulations pertaining to,the
maintenance and improvement of existing nonconforming structures; and
WHERAS, the City Commission desires to amend the City's nonconforming building
regulations to address the long-term safety of residential buildings located throughout the City;
and
WHEREAS, specifically, the City Commission desires to clarify and enhance existing
procedures and requirements for improvements to existing non-conforming residential structures
in order to ensure any such structure is retained in a safe and secure manner; and
WHEREAS, the provisions of this Ordinance are intended to incentivize the
comprehensive repair and rehabilitation of existing, nonconforming residential buildings; 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, entitled "Administration and Review Procedures," Article IX,
entitled "Nonconformances," of the Land Development Regulations of the Code of the City of
Miami Beach, Florida is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE IX. NONCONFORMANCES
Page 1
Sec. 118-395. Repair and/or rehabilitation of nonconforming buildings and uses.
(b) Nonconforming buildings.
(1) Nonconforming buildings which are repaired or rehabilitated by less than fifty (60)
percent of the value of the building as determined by the building official shall be subject
to the following conditions:
a. The building shall have previously been issued a certificate of use, certificate of
completion, certificate of occupancy or occupational license by the city to reflect its
current use.
b. Such repairs or rehabilitation shall meet the requirements of the city property
maintenance standards, the applicable Florida Building Code, and the Fire Safety
Code.
c. If located within a designated historic district, or an historic site, the repairs or
rehabilitations shall comply substantially with the Secretary of Interior Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Structures, as amended, as
well as the certificate of appropriateness criteria in article X of these land development
regulations. If the repair or rehabilitation of a contributing structure conflicts with any of
these regulations, the property owner shall seek relief from the applicable building or
fire safety code.
d. Any new construction shall comply with the existing development regulations in the
zoning district in which the property is located, provided, however, that open private
balconies, including projecting balconies and balconies supported by columns, not to
exceed a depth of 30 feet from an existing building wall, may be permitted as a height
exception. The addition of balconies may be permitted up to the height of the highest
habitable floor for a building nonconforming in height, provided such balconies meet
applicable FAR and setback regulations. Any addition of a balcony in a nonconforming
building shall be subject to the review and approval of the design review board or
historic preservation board, as may be applicable.
(2) Nonconforming buildings which are repaired or rehabilitated by more than 50 percent of
the value of the building as determined by the building official, shall be subject to the
following conditions:
a. All residential and hotel units shall meet the minimum and average unit size
requirements for rehabilitated buildings as set forth in the zoning district in which the
property is located.
b. The entire building and any new construction shall meet all requirements of the city
property maintenance standards, the applicable Florida Building Code and the. Life
Safety Code.
c. The entire building and any new construction shall comply with the current
development regulations in the zoning district in which the property is located. No new
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floor area may be added if the floor area ratio is presently at maximum or exceeded.
Notwithstandinq the foregoing, for multi-family residential structures, the existing floor
area, height, setbacks, minimum and average unit size, open space, as well as any
parking credits, may-remain, if all of the following conditions are satisfied:
1. All portions of the entire building shall remain fully intact and retained, and no
new floor area may be added.
2. The building shall meet or exceed the minimum structural, life-safety, and
electrical requirements of the Florida Buildinq Code.
3. Increases in the size of exterior window and door openings shall not be
permitted unless required by the Florida Building Code.
d. Development regulations for buildings located within a designated historic district
or for an historic site:
1. The existing structure's floor area, height, setbacks and any existing parking
credits may remain, if the following portions of the building remain substantially
intact, and are retained, preserved and restored:
i. At least 75 percent of the front and street side walls, exclusive of
window openings;
ii. For structures that are set back two or more feet from interior side
property lines, at least 66 percent of the remaining interior side walls,
exclusive of window openings; and
iii. All architecturally significant public interiors.
2. For the replication or restoration of contributing buildings, but not for
noncontributing buildings, the historic preservation board may, at their discretion,
waive the requirements of subsection(b)(2)d.1. above, and allow for the retention
of the existing structure's floor area, height, setbacks or parking credits, if at least
one of the following criteria is satisfied, as determined by the historic preservation
board:
i. The structure is architecturally significant in terms of design, scale, or
massing;
ii. The structure embodies a distinctive style that is unique to Miami
Beach or the historic district in which it is located;
iii. The structure is associated with the life or events of significant persons
in the city;
iv. The structure represents the outstanding work of a master designer,
architect or builder who contributed to our historical, aesthetic or
architectural heritage;
Page 3
v. The structure has yielded or is likely to yield information important in
prehistory or history; or
vi. The structure is listed in the National Register of Historic Places.
Notwithstanding the above, for buildings over three stories in height, at
least 75 percent of the front facade and 75 percent of any architecturally
significant portions of the street side facades shall be retained and
preserved, in order to retain any nonconforming floor area, height,
setbacks or parking credits. If the historic preservation board does not
waive the requirements of subsection (15)(2)d.1. above for any reason,
including the inability of a reconstructed building to meet the requirements
of the applicable building code, any new structure shall be required to
meet all current development regulations for the zoning district in which
the property is located.
3. The building shall comply substantially with the secretary of interior standards
for rehabilitation and guidelines for rehabilitating historic structures, as amended,
as well as the certificate of appropriateness criteria in article X of these land
development regulations.
4. If the repair or rehabilitation of a contributing structure or historic site conflicts
with any of the requirements (as amended) in the applicable Florida Building
Code or the Life Safety Code, the property owner shall seek relief from such
code.
5. Regardless of its classification on the Miami Beach Historic Properties
database, a building may be re-classified as contributing by the historic
preservation board if it meets the relevant criteria set forth in the City Code.
6. Contributing structures shall be subject to all requirements in section 118-
503 of these land development regulations.
7. Existing non-contributing structures in a designated historic district or site shall
be subject to the sustainability and resiliency requirements for new construction
in chapter 133.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
SECTION 3. CODIFICATION.
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 re-numbered or re-lettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
Page 4
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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this �3 day of ockher , 2021.
Dan Gelber
Mayor
ATTEST: -�;ji
P.. �0.y',,
OCT 1 5 2021 JR(OAP•0 TED ,
Ra ael E. Granado '
City Clerk
APPROVED AS TO FORM AND
First Reading: September 17, 2021 LANGUAGE AND FOR EXECUTION
Second Reading: October 13, 2021
0-� 1-` ' 21
Verified by: City Attorney Q�-Date
Thomas R. Mooney, AICP
Planning Director
t
TAAgenda\2021\11_September 17\Planning\Multifamily Residential Repairs Exceeding 50%-First Reading ORD.docx
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Ordinances -R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: October 13, 2021
10:20 a.m. Second Reading Public Hearing
SUBJECT: NONCONFORMING RESIDENTIAL BUILDINGS - REPAIRS EXCEEDING
50%
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, "ADMINISTRATION AND REVIEW
PROCEDURES," BY AMENDING ARTICLE IX, "NONCONFORMANCES,"
SECTION 118-395, "REPAIR AND/OR REHABILITATION OF
NONCONFORMING BUILDINGS AND USES," TO AMEND THE
REGULATIONS APPLICABLE TO THE REPAIR AND/OR REHABILITATION
OF EXISTING NON-CONFORMING RESIDENTIAL BUILDINGS; AND
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On July 28, 2021, at the request of Commissioner Mickey Steinberg, the City Commission
referred the proposed Ordinance to the Planning Board (item R9 K).
ANALYSIS
PLANNING ANALYSIS
Recently, the City has undertaken a rigorous review of existing buildings in the City of Miami
Beach, especially buildings undergoing a 40-year recertification under the Miami-Dade County
Code. Consistent with this endeavor, the purpose of this proposed amendment to the Land
Development Regulations is to incentivize the comprehensive repair and rehabilitation of
existing, nonconforming residential buildings, provided no new floor area is proposed. The
proposed amendment would allow non-conforming multi-family residential buildings to exceed
the 50% rule and maintain all existing non-conforming attributes provided the work includes
structural, electrical, life-safety and related repairs to comply with and/or exceed the
requirements of the Florida Building Code.
Chapter 118 of the Land Development Regulations, at Article IX, entitled "Nonconformances,"
Page 457 of 1095
governs nonconforming uses and buildings. Under Section 118-395 if the owner of a multifamily
building or a condominium association submits plans to repair or rehabilitate an existing,
nonconforming residential building, the Building Official is required to determine the value of the
proposed improvements. If the value of the repair or rehabilitation work exceeds 50 percent of
the value of the building, the entire building and any new construction is required to comply with
the current development regulations (including the current maximum FAR) for the underlying
zoning district.
The proposed amendment would provide an incentive for building owners and condo
associations to implement repairs by allowing a building's legal nonconforming status to remain
(including nonconforming FAR, height, setbacks, open space, minimum and average unit size,
and parking credits) even if the work exceeds 50 percent of the value of the building. To ensure
compliance,the amendment requires the following:
-1.All portions of the entire building shall remain fully intact and retained.
2. The building shall meet or exceed the minimum structural, life-safety and electrical
requirements of the Florida Building Code.
3. 1 ncreases in the size of exterior window and door openings shall not be permitted unless
required by the Florida Building Code.
As the amendment would only apply to repair/rehabilitation work where no new FAR is
proposed, both the Planning Department and City Attorney's Office have determined that City
Charter Section 1.03(c)is not implicated.
PLANNING BOARD REVIEW
On August 18, 2021, the Planning Board held a public hearing and transmitted the Ordinance to
the City Commission with a favorable recommendation by a vote of 5-0.
UPDATE
The subject Ordinance was approved at First Reading on September 17, 2021 with no
changes.
SUPPORTING SURVEY DATA
Improve and Enhance Multi-Family Buildings
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Page 458 of 1095
Legislative Tracking
Planning
Sponsor
Commissioner Micky Steinberg
ATTACHMENTS:
Description
o Ordinance
Page 459 of 1095