Ordinance 2022-4486 COA Scrivener's Error
ORDINANCE NO. 2022-4486
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 118 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION
AND REVIEW PROCEDURES," ARTICLE X, ENTITLED "HISTORIC
PRESERVATION," DIVISION 1, ENTITLED "GENERALLY," BY
AMENDING SECTION 118-503 THEREOF, ENTITLED "SCOPE,
POLICIES, AND EXEMPTIONS," TO CORRECT A SCRIVENER'S
ERROR; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, on October 19, 2005, the Mayor and City Commission of the City of Miami
Beach adopted Ordinance No. 2005-3495, amending Section 118-503 of the City Code to expand
and enhance the procedure of the Historic Preservation Board regarding after-the-fact Certificates
of Appropriateness; and
WHEREAS, Ordinance No. 2005-3495 created subsection 118-503(b) to modify the
requirements for an after-the-fact certificate of appropriateness; and
WHEREAS, additional edits were made after First Reading, as denoted by double-
underline additions and double-strikethrough deletions throughout Ordinance No. 2005-3495, but,
inadvertently, paragraph references to subsection 118-503(c), governing exemptions, were not
updated and a few intended words were omitted; and
WHEREAS, a correction to the scrivener's error is required for uniformity and consistency
throughout Section 118-503; and
WHEREAS, no substantive change to the Ordinance is intended.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 118-503, entitled "Scope, policies, and exemptions," of Article X, of
Chapter 118, of the City Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
* * *
ARTICLE X. HISTORIC PRESERVATION
DIVISION 1.—GENERALLY
* * *
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Sec. 118-503. Scope, policies and exemptions.
(a) Scope. Unless expressly exempted by subsection (a) )of this section, no building permits
shall be issued for new construction, demolition, alteration, rehabilitation, signage or any
other physical modification of any building, structure, improvement, landscape feature, public
interior or site individually designated in accordance with sections 118-591, 118-592 and
118-593, or located within an historic district, nor shall any construction, demolition,
alteration, rehabilitation, signage or any other exterior or public interior physical modification,
whether temporary or permanent, without a permit, be undertaken,without the prior issuance
of a certificate of appropriateness or certificate to dig by the historic preservation board, or
the planning director or his designee, in accordance with the procedures specified in this
section. For purposes of this article, "alteration" or "modification" shall be defined as any
change affecting the external appearance and internal structural system including columns,
beams, load bearing walls and floor plates and roof plates of a structure or other features of
the site including, but not limited to, landscaping and relationship to other structures, by
additions, reconstruction, remodeling, or maintenance involving a change in color, form,
texture, signage or materials, or any such changes in the appearance of public interior
spaces. The foregoing shall exclude the placement of objects in or on the exterior or public
interior of a structure or site, not materially affecting its appearance or architectural integrity.
(b) Policies.
(1) After-the-fact certificates of appropriateness for demolition. In the event any demolition
as described above or in subsection (19) of this section should take place prior to
historic preservation board review, the demolition order shall be conditioned to require
the property owner to file an "after-the-fact" application for a certificate of
appropriateness for demolition to the historic preservation board, within 15 days of the
issuance of the demolition order. No "after-the-fact" fee shall be assessed for such
application. The board shall review the demolition and determine whether and how the
demolished building, structure, landscape feature or the partially or fully demolished
feature of the exterior or public interior space of a structure, shall be replaced. The
property owner shall also be required,to the greatest extent possible, to retain, preserve
and restore any demolished feature of a structure until such time as the board reviews
and acts on the "after-the-fact" application. In the event the property owner fails to file
an "after-the-fact" application for a certificate of appropriateness for demolition to the
historic preservation board within 15 days of the issuance of an emergency demolition
order, the city may initiate enforcement proceedings including proceedings to revoke
the certificate of use, occupational license, any active building permit(s) or certificate of
occupancy of the subject site, whichever is appropriate. Additionally, this article may be
enforced, and violations may be punished as provided in section 114-8 of this Code; or
by enforcement procedures as set forth in the Charter and penalties as provided in
section 1-14 of this Code.
(2) Replacement of existing structures. The policy of the City of Miami Beach shall be a
presumption that a contributing building demolished without obtaining a certificate of
appropriateness from the historic preservation board, shall only be replaced with a new
structure that incorporates the same height, massing and square footage of the previous
structure on site, not to exceed the floor area ratio (FAR) of the demolished structure.
and not to exceed the maximum FAR and height permitted under the City Code, with
no additional square footage added. This presumption shall be applicable in the event
a building permit for new construction or for repair or rehabilitation is issued, and
demolition occurs for any reason, including, but not limited to, an order of the building
official or the county unsafe structures board. This presumption shall also be applicable
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to any request for an "after-the-fact" certificate of appropriateness. This presumption
may be rebutted, and the historic preservation board may allow for the addition of more
square footage, where appropriate, not to exceed the maximum permitted under the
City Code, if it is established to the satisfaction of the historic preservation board that
the following criteria have been satisfied:
a. The proposed new structure is consistent with the context and character of the
immediate area; and
b. The property owner made a reasonable effort to regularly inspect and maintain the
structure free of structural deficiencies and in compliance with the minimum
maintenance standards of this Code.
(3) Replication of demolished contributing structures. The historic preservation board shall
determine, on a case-by-case basis, whether the replication of an original, contributing,
structure is warranted. For purposes of this subsection, replication shall be defined as
the physical reconstruction, including all original dimensions in the original location, of
a structure in totality, inclusive of the reproduction of primary facade dimensions and
public area dimensions with appropriate historic materials whenever possible, original
walls, window and door openings, exterior features and finishes, floor slab, floor plates,
roofs and public interior spaces. The historic preservation board shall have full
discretion as to the exact level of demolition and reconstruction required. If a building to
be reconstructed is nonconforming, any such reconstruction shall comply with all of the
requirements of chapter 118, article IX, of these land development regulations.
(c) Exemptions. The following permits are exempt from the regulations of this sect on subsection
(1) All permits for plumbing, heating, air conditioning, elevators, fire alarms and
extinguishing equipment, and all other mechanical and electrical equipment not located
on exteriors or within public interior spaces, and not visible from the public right-of-way.
(2) Any permit necessary for compliance with a lawful order of the building official, county
unsafe structures board, fire marshal, or public works director when issuance of such
permit on an immediate basis is necessary for the public health or safety or to prevent
injury to life, limb or property. In the event that compliance includes full or partial
demolition of any building, structure, improvement, landscape feature, public interior or
site individually designated in accordance with sections 118-591, 118-592 and 118-593,
or located within an historic district an emergency meeting of the historic preservation
board shall be called prior to the demolition being authorized, unless the work is of an
emergency nature and must be done before a meeting could be convened. The historic
preservation board may offer alternative suggestions regarding the need for manner
and scope of demolition; these suggestions shall be taken into consideration by the
official issuing the final determination regarding demolition. However, the final
determination regarding demolition shall be made by the official issuing the order. In the
event that the historic preservation board does not hold the meeting prior to the
scheduled demolition, the demolition may take place as scheduled.
(3) Any permit issued for an existing structure in a designated historic district which has
been specifically excluded from the district.
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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 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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this V day of M4r, 2„,______
, 2022.
Dan Gelber, Mayor
„......_v
ATTEST:
MAY 1 0 2022
Rafae iGranado, City Clerk APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
____I -D . 3-- F-9 -a).
City Attorney Date
First Reading: April 6, 2022 K)
Second Reading: May 4, 2022
Underline denotes additions '` '''►
Strikethrough denotes deletions o-
MCORP OWE )
Verified By: �a.,,4 r85
Thomas R. Mooney, AICP
Planning Director
T:\Agenda\2022\4_April 2022\Planning\COA Scrivener's Error-First Reading ORD.docx
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Ordinances -R5 B
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: May 4,2022
10:10 a.m. Second Reading Public Hearing
SUBJECT:COA SCRIVENER'S ERROR
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118 OF THE CODE
OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION AND
REVIEW PROCEDURES," ARTICLE X, ENTITLED "HISTORIC
PRESERVATION," DIVISION 1, ENTITLED "GENERALLY," BY AMENDING
SECTION 118-503 THEREOF, ENTITLED "SCOPE, POLICIES, AND
EXEMPTIONS," TO CORRECT A SCRIVENER'S ERROR; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On February 23, 2022, at the request of the City Attorney's Office, the City Commission
referred the proposed Ordinance to the Planning Board for review and recommendation (item
R5 B).The sponsor of the Ordinance is Mayor Dan Gelber.
ANALYSIS
PLANNING ANALYSIS
On October 19, 2005, the Mayor and City Commission of the City of Miami Beach adopted
Ordinance No. 2005-3495, which amended Section 118-503 of the City Code to expand and
enhance the procedures related to Historic Preservation Board review of after-the-fact
Certificates of Appropriateness. Ordinance No. 2005-3495 created subsection 118-503(b) to
modify the requirements for an after-the-fact certificate of appropriateness.
Subsequent to the approval of this Ordinance at First Reading in 2005, additional edits were
made prior to Second Reading. Inadvertently, paragraph references to subsection 118-503(c), -
governing exemptions,were not updated in the Second Reading version of the Ordinance and a
few intended words were omitted.
The attached Ordinance is limited to correcting the previous scrivener's error and is required for
uniformity and consistency throughout Section 118-503. No substantive changes are proposed
Page 489 of 1451
in the Ordinance.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on March 22, 2022, and transmitted the Ordinance to
the City Commission with a favorable recommendation. by a vote of 6-0.
UPDATE
On April 6, 2022 the subject Ordinance was approved at First Reading, with no changes.
Additionally, in accordance with section 118-162(c) of the City Code, the City. Commission
waived the applicable application fees based upon the legislation implementing best practices in
urban planning.
SUPPORTING SURVEY DATA
Enhance Historic Preservation Efforts
FINANCIAL INFORMATION
No Fiscal Impact
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
3 • 3-•
Legislative Tracking
Planning
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
o Ordinance
Page 490 of 1451