Alfredo Gonzalez/Realtor Assoc.
~ __u""'"
,
1l'I05
City of Miami Beach Office of the City Clerk
1700 Convention Center Drive, Miami Beach, FL 33139
LOBBYIST REGISTRATION FORM
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks ID encourage tI1e passage, defeat
or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of tI1e
City Manager or any city board or committee; or any action, decision or recommendation of any city personnel defined in any
manner in tI1is section, during the time period of the entire decision-making process on such action, decision or recQ!TllTlentt:n
that foreseeably will be heard or reviewed by tI1e city commission, or a city board or committee. The term specificallY:lJ:\Clud e
principal as well as any employee engaged in lobbying activities. The term ~Lobbyistsn has Specif"1C exclusions. P.~ase:!f!er :;0
to Ordinance 2004-3435. ~ ::;:.. m
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EMAIL:
Gonzalez
NAME OF LOBBYIST:
.Al fredo
L.
2601 South
(Last)
Bayshore Drive
(Number and Street)
St.
(Rrst)
1600 Miami FL
(State)
BUSINESS NAME AND ADDRESS
(City)
~nc)_RI:}R_I)l}I)E)
TELEPHONE NUMBER:
~O,)-fl,)fl-4777
FAX NUMBER:
I. LOBBYIST RETAINED BY: Realtor Association of Miami-Dade County, Inc.;
Northwestern Dade Association of Realtors, Inc., Realtor
NAMEOFPRINCIPAL/CUENT: Association of Greater M1am1 and the tleaCheS
See Exhibit "A" attached hereto
BUSINESS NAME AND ADDRESS (Number and Street) (City)
(State)
(Zip Code)
TELEPHONE NUMBER:
FAX NUMBER: (Optional)
EMAIL: (Optional)
Fill out this section if principal is a Corporation, Partnership or Trust [Section 2-482 (e)]
. NAME OF CHIEF OFFICER, PARTNER, OR BENEFICIARY:
IDENTIFY ALL PERSONS HOlDING, DIRECTLY OR INDIRECTLY, A S% OR MORE OWNERSHIP INTEREST IN SUCH
CORPORATION, PARlNERSHIP OR lRUST:
II. SPECIFIC LOBBY ISSUE:
Opposition to passage of ordinance
~~p ~~~~~hprl Fyhihi~ '~R..
Issue to be lobbied (Describe in detail):
III. CITY AGENCIES/INDIVIDUALS TO BE LOBBIED:
A) Full Name of Individual/Title B) Any Financial, Familial or Professional Relationship
Staff and elected or appointe! None
official dealing with passage
of ordinance attached as
Exhibit "B"
IV. DISCLOSURE OF TERMS AND AMOUNTS OF LOBBYIST COMPENSATION (DISCLOSE WHETHER HOURL Y,
FLA T RA TE OR OTHER):
A) LOBBYIST DISCLOSURE: (Required) Re t ai ne r with re s pe ct to a 11 govermen ta 1 se rv ices
of S6,Z~U/monLhly
B) PRINCIPALS DISCLOSURE (OF LOBBYIST COMPENSATION): (Required).
.
Yes
or
1)
Yes 6?
2)
Yes c9
V.
Pursuant to Ordinance No. 2003-3393 Amendina Miami Beach City Code ctlaoter 2. Artide VII. Division 5
Thereof Entitled "Camoaian Finance Reform" Via The Addition Of Code Section 2-488 Entitled "Prohibited
Camoaian Contributions BY LobbYists On Procurement Issues":
Are YOU lobbving on a Dresent or Dending bid for goods. eauiDment or services. or on a Dresent
or Dending award for goods. eauiDment or service?
Pursuant to Ordinance No. 2003-3395 Amendina Miami Beach City Code Chaoter 2 Article VII Division 5
thereof Entitled "Camoaian Finance Reform" Via The Addition Of Code Section 2-490 Entitled "Prohibited
Camoaian Contributions BY Lobbvists On Real Estate Develooment Issues":
Are you lobbvina on a Dendina aDDlication for a ~vel:=~ient ~~e ~ or
aDDlication for change of zonina maD designation or chanae to the City's Future Land Use MaD?
SIGNATURE UNDER OATH:
ON OCTOBER 1 sr OF EACH YEAR, EACH LOBBYIST SHALL SUBMIT TO THE CITY CLERK A SIGNED
STATEMENT UNDER OATH, LISTING LOBBYING EXPENDITURES, AS WELL AS COMPENSATION
RECEIVED, IN THE CITY OF MIAMI BEACH FOR THE P ING CALENDAR YEAR. A STATEMENT
SHALL BE FILED EVEN IF THERE HAVE BEEN NO EXP S R MPE TION DURING THE
REPORTING PERIOD.
I do solemnly swear that all of
familiar with the provisions
requirements.
Signature of Lobbyist:
Signature of Principal/Client:
VI.
rect nd that I have read or am
ch City Code and all reporting
LOBBYIST IDENTIFICATION:
PRINCIPAl IDENTIFICATION:
Produced ID
Produced ID
Form of Identification
Form of Identification
Cersonally krowry.obbYist)
VD. SIGNAnJRE AND STAMP OF NOTARY:
State of Rorida, County of Miami-Dade
Sworn to iIf.18 sUbscribft:re me .J
This ~ day of 11 Q/) . 2rf),
~l4l. olb~ \,~
Signature of Public Notary - State of Florida
Notari
0.... ~,..... EUSSAMOTTQ.VIUAMOR
~ ~ COMMISSION NUMBER
~ ' "'" <( CC9n21B
71- # MY COMMISSION EXPIRES
OF f\.O OCT. 23 2004
Personally known (Principal)
State of Rorida, County of Miami-Dade
Sworn and subscribed before me
This _day of . 20_
Signature of Public Notary - State of Rorida
Notarization of Principal's signature
FOR CLERt<'~ U~ ONLY t P I i
Annual Registration fee: [~ ] No Amo'$.,prt. I'" D. MCR ~ D 4Y Date pai.{3 <3, ()
Lobbyist Registration Form received and verified by: . 0
Revised 02/10/04 F: CLER\ALl.\MARIA-M\LOBBYIS1\LOBBYIST FORM 04
MAR-22-2004 MON 03:28 PM
FAX NO.
P. 03
IV. DISCLOSURE OF TERMS AND AMOUNTS OF LOBBYIST COMPEI\ISAlION (DISCLOSE WHETHER HOURL Y,
FLA T RA 1E OR D7HER):
Retainer with respect to all govermentalservlce
A) L0B6YIST DISCLOSURE: (Required)
or ~6,~)U/montnly
B) PRlNClPAl'S DISCLOSURE (OF LOBBYIST COMPENSATION): (Requil't!lI).
o
t. Pursuant to Ordinance No. 2004-3435.
1) ~=~ :::i~=,No. ~="~:~me~~ MI::~::~ a: ~~~A!r 2. Artlde vrz Div~ron 5
~=ra~~~i~~~511: ;~~~;o;;';p;~~~ v';r::~:~~~; -~-__ _ __488 EntJ~ "P(Q/)i:bit eg
Yes GJ A~::~_~b~~:~ ';:;1 ~~~~;;;;;~-: b=,:;;:.:oods. eaulPm8nt or services. or on lID ~!!lt
9r Dendlna award fQf' !!00dll'_ l~ _r. _ ~
2) ~1 ~ Ord~: No, 2003-J~me~=~~ ~~~~ir 2 Artjcle Vn Divi~
y-@ ;:;~~==.~~~:::-
;u."IIcation for chanae of zon'~;;; 51 '0 a 0 e '!II j'uture Land Use Milel
V. SIGNATURE UNDER OATH:
ON OCTOBER 1 Sf OF EACH YEAR, EACff LOBBYIST SHALL SUBMIT TO THE CITY CLERK A 5IGNE:D
STATEMENT UNDER OATH, I..1SlING LOBBYING EXPENDITURES, AS WELL AS COMPENSATYI)N
RECEIVED, IN rnECIlY OF MIAMI BEACH FOR THE P ING CALENDAR YEAR. A STATEMENT
SHALL BE FRED E\Il:~ IF THERE If AVE BEEN NO EXP D ES R MI>~nON DURING THE
REPORTING PERIOD. ~.
?7
Lobbyi
VI.
LOBBYIST IDENTIFICATION:
I do solemnly Swear that all of
familiar witl) the proVisions
requirements,
Signature of lobbyist:
Signature Df Principal/Oient:
Produced ID
Form of Identilicatioo
PRINCIPAL IDENTIFICATION:
Produted 10 -.J::/Q., dY1~~
Form of Identification
Personally known (Lobbyist)
vu. SlG~A1URE AND STAMP OF NOTARY;
Per.;onally kr10wn (Principal)
State of Ronda, County of Miami-Dade
Sworn to a/i'fJ SUbscrift? "
Tl1is.aD day of all . 21$)'r
~l-n. 016- I\~
Signature of Public Notary - Stall! of Rorida
Notan ~
oiJoVl' '" 6'.;.. euss... M Ol'TQ.VIlJ.AMOfI
3l~.T ~ COMMISSION NUMBER
~ lit~'.P " CC9n218
71- "'iF ~o MY COMMISSION exPIRES
Of F'O OCT. 23,2004
State of Florida, County of Miami-Dade
Sworn ~ subscri~~ me ./
Th~dayof 2~ '\(')), .^^ \ I
~ " a1-k>. l J '-VI V VV\..
Sig ~,()"BypIi~NEl da
N ~C)Ro~ ~ft)9fil'~1MtJ
~.!' ,. COMMISSION NUMBER
~ -' ""''' CC9n21B
~ o<f MY COMMISSION EXPIRES
Of F\. OCT, 23,2004
FOR ClERK's USE ONLY
Annual Registration fee: [ 1 Yes [ J No Amount Paid ___ Mm II Dalle Pakl ___
Lobbyist Registration Form received and venfied by: _
Revised 02110/04 F: CLERIALL\MARtA-M\L0811YIST\LOBBYlST FORM 04
.
Martha J. Bullman
Executive Vice President
Realtor Association of Miami-Dade County, Inc.
245 Alcazar Avenue
Coral Gables, FL 33134-4495
202316.0001
305-444-6528 phone
305-442-0338 fax
Angela R. Ruiz, GRI
Association Executive
Northwestern Dade Association of Realtors, Inc.
415 West 51st Place
Hialeah, FL 33012
202316.0001
305-557-1400 phone
305-822-1730 fax
Teresa King Kinney, CEO
Realtor Association of Greater Miami and
the Beaches
700 S. Royal Poinciana Blvd., St. 400
Miami, FL 33166
202316.0001
305-468-7000 phone
305-468- 7070 fax
ALG/202316.0001/Ml091326_1/1120/2004 04:23 PM
I EXHIBIT
f --A-
SFRRB - Revisions; Option A
ORDINANCE NO.
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 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
DIVISION 2, "SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY
REVISING PROCEDURES FOR THE REVIEW AND APPROVAL OF
DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES
CONSTRUCTED PRIOR TO 1942 AND NOT LOCATED WITHIN A
DESIGNATED HISTORIC DISTRICT; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (City) places a strong emphasis on the retention and
preservation of existing, architecturally significant single family homes; and
WHEREAS, the Mayor and City Commission has deemed it in the best interest and welfare
of the City to adopt revised procedures for the review and issuance of demolition permits for all
single family homes constructed prior to 1942 and located outside of a designated historic district;
and
WHEREAS, the Mayor and City Commission deems it appropriate to protect the significant
architectural history, existing building scale, and unique character of the single family residential
neighborhoods in Miami Beach; and
WHEREAS, the City of Miami Beach Historic Preservation, Design Review and Planning
Boards strongly endorse the proposed amendments to the Single Family Residential Districts Section
of the Code; and
WHEREAS, the amendments set forth below are necessary to accomplish all ofthe above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article n, "District
Regulations," Division 2, "Single Family Residential Districts," of the Land Development
Regulations ofthe Code ofthe City of Miami Beach, Florida is hereby amended as follows:
DNISION 2. RS-l, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS
EXHIBIT
I-JL-
.
--'-~
*
*
*
Sec. 142-105.
Development regulations and area requirements.
*
*
*
(d) Pre'/isioBs f-or the aemolitioB of siBgle family homes located olltside of historie districts.
Prior to the approval of a permit fer partial or total demolitioB ofa home eOBsf:r1:1cted prior to 1912,
the planniBg director, or designee, shall make a determinatioB whether the home is arehiteetmaHy
significant according to the followiBg criteria:
a. The sabject structure is e-xemplary of a specific af€hitectlH'al style iB the city prior to 1912,
iBclllding, but Bot limited to Vemaclllar, MeditOfi'aneaB Reviyal, .^Jt Deco, Streamliae, Post ''var
Modern, or vanatioBs thereof;
b. The e)(tenor ofthe structme is recognizable as an eJ(ample of its style aH:d/or period; and
c. }. significant e~(terior architectlH'al characteristic, architectural feature or detail ofthe sllBject
structure is sHbstantially intact.
(1) }.B applicant may haye a pre application cOBference '.vith the planHiBg director, or designee
prior to the sHbmissioR 0f an application to dise{;lss aBY aspect of this sectioR. 8{;leh pre applieation
conference and aH:Y statemems by the planniRg director, or designee, shall Bot create aftywaiyer of or
estoppel OR the reqllirements of, or any determiBation to be made, lHlder this section.
(2) Total demolition. A b{;lildiBg permit f-or the total demolition of afty single family home
cORstructed pri0r to 1912 shall0nly be issued followiag the determinati0n by the planHing director or
designee that the sabj ect stmctl:1re is not an architecturally significant home. .'\B application f0r SHch
determiBation by the planniRg director or designee shall be processed by the plar.nifl:g dOflartment
'.vithiB five business days of its sl:1bmission.
(3) Partial demolition. A buildiHg permit fer partial demolitioB to accommodate additions ar
modifications to the e)(terior of any architectlH'ally significant siBgle family home cOBstructed prior
to 1912 shall be issl:1ed only l:tflon the prior appr-oval by the planning director, or designee. f.B
application for sl:1eh approval shall be processed by the planning department witmB fiye busiBess
days of its sabmission.
Revie';>f of applications fer partial demolitioB shall be limited to the actlial portioB of the stnletlire
that is proposed to be modified, demolished or altered, according to the following criteria:
1. Demolition ofthe front facade or arehitectafally significant portions of a baildiRg or structure
shall be permitted, provided the alteratioBs aBd/or additioRs are architectlH'ally appropriate to the
original design and scale of the baildiRg.
2. Demolition of original architeetlH'al featlH'es OB secoRdary elevatioBs ofthe structafe shall be
permitted, provided slich demolitioR does Bot compromise its overall origiBal design integrity.
3. DemolitioB associated with facade and baildiBg restorations shall be permitted, which are
coasistent with historic doc1:lffiemation.
1. The pr-oposed alteratioRs ar additioR are compatible with the as bHiH seale aadeharacter of
2
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similai' surrounding properties.
5. The general design, scale, massiFlg, arrangement, texture, material and coler oHhe propesed
alteratioFls or addition ai'e oompatible with the as built soale and charaeter of similai' surreundiFlg
preperties.
6. Permitted demolitieFl shall FlOt adversely affect the origiFlal ai'-emteet:W'al desigB efthe subjeet
struetare or any subsequent modifioatioFls that have aeEJ:Hired arehiteotaral significanoe.
7. The propesed alteratioFls or additioFl shall be designed, sited and massed iFl a manBer that is
seFlsitiye te and eempatible with the existiFlg struet:W'e.
(4) Issaanee ef demolitien permits.
a. Emergeney demolition orders. This seotion shall not supersede the requirements ef the
applieable BaildiFlg Cede with regard to I:lflsafc struetures and the issuanee of emergooey demolitieFl
er-ders, as determined by the buildiFlg offieial.
b. MiFlimHm floed ele'lation determiFlation.
1. The determination by the building offieial that an applioation for demelition of an
arehiteeturally sigBifieant home arising from the inability to meet minimum flood elevatien
reqairements shall be based upon the reyiew oEthe following required documentation:
a. A full set of fleor plans and elevatien dra,vings, prepai'ed by a state registered ai'ehitect,
depicting the renovation or rehabilitatiea;
b. LA. fHll appraisal oEthe existing structare, prOflai'-ed by a qI:lalified licensed real estate appraiser
and satisfyiFlg the standai'ds of the buildiFlg offieial; and
e. LA. ceFlstruetion estimate from a eontraetor lieoosed iFl the state.
2. lEthe bHilding offioial determines that preposed reno'lations to an ai'ehiteetarally sigBifieant
home viill require the preperty o't'mer to meet miFlimWR flood elevation reqHiremoots, the property
OWFler shall meet with the SFRRB te reyiew the proposed reBo'/atioFlS. Such reyiew shall be a pre
eOBditioFl to the property oWfler's filiFlg of an applicatien for demelition of the home. The SFRRB
shall explere with the property eWRer reaseRable alternatives SHOll. as, but not limited te, redueing the
eost of renovations, miFlimizing the impaet of meetiflg flood elevation reElHiremoots, and designating
the property as a histerie site. An applicatieFl for demolition of such home car.not be appmved by the
building official without the prior review ef the SFRRB. The SFRRB shall Bet ha.ve autherity to
deny an applieatioFl for demolitien.
3. A demolitioFl permit arising from the iFlability to meet flood ellWatioR reElHiromoots, for the
total demolition of an ai'ehitecturally sigBifieant single family home construeted prior te 1942, shall
Flet be is sHed unless a full bHilding permit fer Bew construction has been issHed.
(5) The following shall not require determiFlations oHhe planning direeter or desigBee I:lflder fui.s
section: interier demelitions iFlclHdiag plumbiFlg, eleetrical and mechanical systems, reRo,/ations to
the exterior of Flon ai'chiteetHrally significant structl:lres, or FlOFl ai'-ehitectl:lrally significll:Flt portioFls of
a strueture, provided they have ne adverse impact upon the struetaral integrity oHhe baildiFlg or the
origiFlal ai'chitectural design oEthe eJ(terior, fcatmes and details.
3
(6) In the eveRt the planRing director, or designee, decliHes to appnwe a demolition r-eEJ:uest URder
this section for allY reason, the applicant may seek revievI by the single family resideFltial review
boar-d (SPRRB), cOHlflosed of eae ffiember eaeh frem the plar.fliag boar-d, the design reyiew board
aad the historic preservatioa beard. Each ofthese Boards shall appoiFlt two members te the SFRRB,
to serve en a rotatiag er as a'/ailable basis.
Each board shall determine the term liftd d-m-atien of its appointments. Ifl the e'feFlt the appaiFlted
members to the SPRRB are anavailable, the chair ofthe respective boar-d may serle ia such capaeity,
or shall designate another ffiember ofthe board to serve iH saeh capacity. The qHefllffi for the SPRRB
shall be all three members and a siHlflle majority will be aecessary to appfO'/e any application. The
planning departffient shall pro'/ide staff support to the SPRRB and the city attorney's office shall
proyide legal cOWl:sel.
The SPRRB shall have regularly sched-1:11ed meetings on a bi '.veeldy basis, or as needed; slich
hearings shall OCCl:1r after 5 :00 pm. All applicatioas for re\'iew by the SPR.~ mlist be filed with the
planning departmeFlt. HeariRgs before the SPRRB shall be noticed by posting the property that is the
subject ofthe hearing, ana a published notice, no less than five caleadar days of the heariflg aate. The
heariflg before the SPRRB shall be de novo. An appeal of any decision of the SPRRB shall be to a
special master appoiFltea by the city cOffimission, iR aeconlanoe ',';ith the pfoced1:lfes set forth in
section 118 53 7(b) ofthese lana development regalations. Thereafterreview shall be by certiorari to
the circ1:1it OOl:1rt.
(7) New coastruction prooed-m-es for siagle family homes demolished witham reqHir-ed appmvals
or permits.
Par those properties where a single family home constructed before 1942 was demolished withom
prier approval ofthe planniag department and the siagle family residential reyie\y boar-d, liftd withom
the required permits from the 1milding official, in adaitien te my ether applioable law in this oede er
ether oodes, the rellowing shall apply prior to the issuance of lifty b1:1ilding permit fer any new
construction on the sub-ject site:
a. Purpose. The pHrflose of this s1:1bsectioR is to easure that my nC'.Y oonstruetioR on the site
whore a single family homo oenstruoted prier te 1912 was demolished witholit reqHir-ea approvals or
permits is oonsistent with the scale, ffiassing, density, location and height of that structure which
provioHsly existed on site prior to the HRpermitted demelition. Where used in this sectien, the words
"without all required permits", "without prior approyal", "witheut reltaired permits or appr-o'ial" shall
not be defined te ir-lClude demolition as a resl:1lt offor-ees beyond the control ofthe lando'.\'Her sl:1ch
as, for example, windstorm, flood, or other nat1:lfal disaster.
b. The design reyiew boara shall ha'fe j1:1risdiction to review and approve all ne'.\' eORstructien
on the slibject site, in accar-dance with the criteria listed in section 118 251 and this sectiafl.
c. Upon the finding that the demolition of any single family home constructed prior ta 1942 was
'.vithout f-allowing the proeedlH'es of this section or without all reqHired permits, my new
construction on the same site shall be limited to the overall sqHare reetage, bl:1ilwng footflrint, height
and lacatioR of that whieh pre';iol:1sly existed on site prior te the Wl:permitted demolition, to the
g1'eatest extent possible in aocordance with the applicable buildiHg and zoning codes.
d. Ifl the event the design review board determines that the single family home demolished witham
4
I
rec:J.Mired appra'"al ar permits was arehiteeturally signifiel!Ht, based lifleR the eriteria in sM.aseetioR
142 105(d)a. e. herein, the beafd shall reft1:lire that the new stfl:leture be designed aRd eORstrueted te
mateh the ~(terior design aRd arehiteetural details ofthe erigiRal structure demolished te the greatest
extORt pessible in the same leeation, in accordanee with all available deeMmORtation aRd in
accordaRee with the applicable bwlding and zoning cades.
e. In the e'feat the applieaat endeayers to constnlet a new heme en m1:1ltirle, eombined lets, and
one efthe lots eeRtained the slffiject Imilding demelished without rec:J.uired permits aRd appro'/al,
construetien of the new home te mateh the exterier design and arehiteemral details efthe eriginal
heme shall enly occW' on the let en which the demolished heme was situated. SEIflarate new hemes,
which are net attaehed in any way to the let on '.vhieh the demolished heme was situated, may be
construeted en the remaining lots witheut approval fFem the design review board.
f. In the El'/eRt the OWRer of a single family heme constfl:leted prior te 1942, whie-h hl*J been
demelished ,....ithout reft1:lired permits er appre'/als, ean establish good caMse, the design review beard
may relieve the property owner of some or all of the limitatioRs en ne','/ eORstfl:letien herein. The
rec:J.Mirement of geod cause shall be satisfied where the rmauthorized demolition V/l*J selely the reoolt
of inteRtional or negligent aets of a dlily lieensed eontractor er ether third parties, and the OWBer had
ne rele in aHd mev/ledge efthe Iillffi:lthorized demelition.
g. In the e'/enta single family home ceRstnleted prier to 1912 is demolished witheut prier
apPr0val ofthe plaRlling dElflartmeRt, aHd the siBgle family residential reyiew board, and withom the
reft1:lired permits from the bliilding efficial, in addition te EmY other applieallle law ia this cede or
other eo des, the eit)' shall document such demolition, and the applieallle reqMirements and
preeedures f-or EmY new cOBstnletion delineated hereiB, for recerding in the plffilie records of Miami
Dade County, to gi'.'e Betiee to slffisequent pl:lre-hasers efthe property.
h. No '.'arianees shall be granted by the board of adjustmORt from the rec:J.uiremeffis of slffiseetion
112 1 05( d)(?), exeept those '/arianees which may be reqllired te reeonsf:fl:let the ariginal stfl:leture
demolished witheut required appr0nls or permits.
i. Fees. The fee seheffide below is pro'/ided to defray the cests assoeiated with the
administratien ofthis slffisectien. .\11 applieations te the design reyie\v beaRl for the review afBew
constnletien as deseribed herein shall reql:lire the following f-ces, liflon the slffimissien of an
applicatieR te the planning department:
1. }.ny applicatien requiring a heariBg berere the board fer design rEl'/iew aflpnwal shall require
a base fee plMs a fee per square feet of fleor area as provided in appendix A.
2. If a deferment or elarifieation hearing is rec:J.uested by the applicant, an additional fee as
pr-o'/ided in appendix .A. shall be assessed.
3. If a defermORt or elarifieation ef eenditions is reql:1ested by the board, there will be no
additienal fee.
4. If the applieant removes a file frem the agenda after it has been aeeElflted by the pl8llHiRg
dopartmeRt, the eity shall retain 50 pereeRt ofthe applieation fee.
5. .A.ny after the faet applieatien shall iaem triple fees.
f.. NotwithstandiRg the alleye prevision, the design review boara may adjl:1st the a:fter the fact
5
fce based on good eatlse sho'NR. The requost for a fee adjl:lstmoot shall be in '.vritiag. The adjl:lsted
aftor the foot foo shall not be loss than the regular applieation foo.
B. The reEll:lest shall be part ofthe desigfl review board applieation.
6. Reyisions to plans proyiol:lsly aflpro'led by the board shall reql:lire a base fee as pr{)vided in
appendix LA. ph:1S one half ofilie original fee.
*
*
*
Provisions for the demolition of single family homes located outside of
historic districts.
Concurrent with a request for Prior to the approval of a permit for partial or total demolition
of a home constructed prior to 1942, the planning director, or designee, shall make a determination
whether the home is architecturally significant according to the following criteria:
a. The subject structure is exemplary characteristic of a specific architectural style
constructed in the city prior to 1942, including, but not limited to Vernacular,
Mediterranean Revival, Art Deco, Streamline Modeme, Post War Modem, or
variations thereof;
Section 142-108.
b. The exterior ofthe structure is recognizable as an example of its style and/or period.
and its architectural design integrity has not been significantly modified; and
c. A maiority of the significant exterior architectural characteristic~, arehiteehHal
feature& or detail~ of the subject structure remain is substantially intact.
d. The subiect structure embodies the scale. character and massing ofthe built context
of its immediate area.
(1) An applicant may haye a pre-application conference with the planning director, or designee.
prior to the submission of a request or an application to discuss any aspect of this section.
Such pre-application conference and any statements by the planning director, or designee,
shall not create any waiver of. or estoppel on. the requirements of, or any determination to be
made, under this section.
(2) Total demolition. A building permit for the total demolition of any single family home
constructed prior to 1942 shall only be issued following the determination by the planning
director. or designee. that the subject structure is not an architecturally significant home. Aft
applieation request for such determination by the planning director. or designee. shall be
signed by the property owner and shall be processed by the planning department within five
business days of its submission. In the event the planning director. or designee. determines
that a single-family home constructed prior to 1942 is architecturally significant. a
demolition permit shall require the review and approval of the single-family residential
review board (SFRRB).
6
(3) Partial demolition. A building permit for partial demolition to accommodate additions or
modifications to the exterior of any architecturally significant single-family home constructed
prior to 1942 shall be issued only upon the prior approval by the planning director, or
designee. An application for such approval shall be processed by the planning department
within five business days of its submission. An appeal of any decision of the Planning
Department shall be to the SFRRB. in accordance with the procedures set forth in this
subsection.
Review of applications for partial demolition shall be limited to the actual portion of the
structure that is proposed to be modified, demolished or altered, according to the following
criteria:
1. Demolition ofthe fraftt facade or architecmrally significant portions af a lHlildiBg ar
structure shall be permitted, pnr/ided the alterations ana/or additioBS are
arehitecturally appropriate to the ariginal design and scale ofthe bHildiag.
2. a. Demolition of original architectural features on secondary elevations of the structure
shall be permitted, provided such demolition does not compromise its overall original
design integrity.
J..b. Demolition associated with facade and building restorations shall be permitted,
which are consistent with historic documentation.
4.c. The proposed alterations or addition are compatible with the as-built scale and
character of similar sl:HTounding preflerties the surrounding single- family residential
neighborhood.
~.d. The general design, scale, massing, arrangement, texture, material and color of the
proposed alterations or addition are compatible with the as-built scale and character
of similar surroUfldiBg properties the surrounding single-family residential
neighborhood.
a.e. Permitted demolition shall not adversely affect the original architectural design ofthe
subject structure or any subsequent modifications that have acquired architectural
significance.
1.[ The proposed alterations or addition shall be designed, sited and massed in a manner
that is sensitive to and compatible with the existing structure.
& Non-architecturally significant portions of a structure. provided they have no adverse
impact upon the structural integrity of the building or the original architectural design
of the exterior. features and details.
(4) Issuance of demolition permits.
a. Emergency demolition orders. This section shall not supersede the requirements of
the applicable Building Code with regard to unsafe structures and the issuance of
emergency demolition orders, as determined by the building official.
7
.
b. ~ A demQlitiQn permit arising fram the inability ta meet flaad elevatian r-eqairemeRts,
fQr the tatal demQlitiQn €If an architecturally significant single family hQme
cQnstructed priQr ta 1942, shall nQt be issued unless a full building permit fQr new
cQnstructiQn has been issued.
lr. ill Minimum flQQd elevatiQn determinatiQn.
1. The Geterminatian by the bllilding affieial that an applieatian far demalition of an
ai'ehitectW'ally signifieant hame arising [ram the inability ta meet minimum flood eleyaticlll
relluirements shall be based Mflon the w.ie.,V €If the fallaYiing rell1:1ired dael:HH:entatian:
a. "A, full set €If flaor plaas and ehwatian drawings, prepai'ed by a state registered ai'ehiteet,
depicting the renovatian ar rehabilitation;
b. "A, full appraisal anhe e1Cisting stmetlHe, prepai'ed by a l:}l;lalified lieeBsed real estate Ilflpmiser
and satisfying the standards oEthe b1:1ilding afficial; aHd
e. }, eanstructian estimate fram a eontraetar lieensed in the state.
;h If a property Qwner seeks ta demQlish an architecturally significant single-family hQme
canstructed priQr tQ 1942 due ta a determinatian by the building Qfficial determines that
propased renQvatiQns ta an arehitecturally significant the hame will require the prQperty
Qwner tQ meet minimum flaQd elevatiQn requirements, the property Qwner shall make
applicatian tQ meet with the SFRRB tQ review the propased renQvatiQns. Sueh nJTiiew shall
be a pre eanditian to the property owner's filing €If an applieatian far demalitian of the home.
The SFRRB shall explare with the praperty awner reasanable alternatives ta demalitian such
as, but nat limited ta, reducing the cast €If renavatiQns, minimizing the impact €If meeting
flaad elevatian requirements, and designating the property as an histaric structure ar site.
The SFRRB shall have full discretian with regard ta all reasanable alternatives ta demalitian.
Once all reasanable alternatives tQ demalitian are explored. the SFRRB shall have final
autharity ta apprave or deny an applicatian fQr demQlitian. An applicatian fer demolition €If
such home ear.not be apprayed by the bl:1ilding affieial witha1:1t the priar reTliew €If the
SFR.1{B. The SFRRB shall nat have autharity ta deny an applieatian fer demalition.
~@ The fallawing areas €If wark shall nat require determinatians €If the planning director. ar
designee. under this sectian: interiar demalitians including plumbing, electrical and
mechanical systems, and renavatians ta the exteriar €If nan-architecturally significant
structures, or non ai'chiteetW'ally significant partians €If a struetl:H'e, prayided they haye na
adverse impact Uflan the structW'al ifttegrity €If the lmilding ar tho ariginal ai'ehiteetW'al
design afihe exteriar, f-eatl:H'es and details.
(6) In the eTient the planning direetar, ar designee, deelinos to apprave a demalitian req1:1est
under this seetian for any reasan, the applicant may seek review by the single family
residential review baai'd (SFRRB),
8
ill Single Family Residential Review Board (SFRRB).
a. Composition. The Single Family Residential Review Board (SFRRB) shall be
composed of one member each from the planning board, the design review board and
the historic preservation board. Each ofthese Boards shall appoint two members to
the SFRRB, to serve on a rotating or as available basis. Each board shall determine
the term and duration of its appointments. In the event the appointed members to the
SFRRB are unavailable, the chair of the respective board may serve in such capacity,
or shall designate another member ofthe board to serve in such capacity. The quorum
for the SFRRB shall be all three members and a simple majority will be necessary to
approve any application. The planning department shall provide staff support to the
SFRRB and the city attorney's office shall provide legal counsel.
b. Meetings. The SFRRB shall bave regularly seRed\:llea meetings en a bi weekly basis,
ef meet as needed; such hearings shall occur after 5:00 p~m. All applications for
review by the SFRRB must be filed with the planning department. Hearings before
the SFRRB shall be noticed by mail to all propertv owners of record within 375' of
the subject property postiag tbe property that is the subject of tbe hoaring, and a
published notice, no less than five calendar days of the hearing date. The hearing
before the SFRRB shall be de novo.
c. Decision of the SFRRB. The applicant shall have UP to 12 months. or such lesser
time as may be specified by the SFRRB. from the date ofthe board meeting at which
approval for demolition was granted. to obtain a full building permit for the
construction of a new single-family home and a demolition permit. The foregoing 12
month time period. or such lesser time as may be specified by the board. includes the
time period during which an appeal ofthe decision ofthe SFRRB may be filed. Ifthe
applicant fails to obtain a full building permit for the construction of a new single-
family home and a demolition permit within 12 months. or such lesser time as may
be specified by the board. ofthe board meeting date at which approval for demolition
was granted and/or construction does not commence and proceed in accordance with
such permit and the requirements of the applicable Florida Building Code. the
approval for demolition shall be deemed null and void. Extensions oftime shall not
be permitted. Notwithstanding the foregoing. in the event the original decision of the
SFRRB with respect to approval for demolition is timely appealed. or there is an
appeal of an approval from the board of adjustment and/or the planning board that is
a requirement ofthe original decision ofthe SFRRB. and such appeal is filed within
20 days of the decision of the board of adjustment and/or the planning board. the
applicant shall have 18 months. 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 for the construction of a new single-family home and a
demolition permit. This tolling provision shall only be applicable to the original
approval ofthe SFRRB and shall not apply to anv subsequent requests for revisions.
9
d. Appeals. An appeal of any decision of the SFRRB shall be to a special master
appointed by the city commission, in accordance with the procedures set forth in
section 118-537 (b ) of these land development regulations. Thereafter review shall be
by certiorari to the circuit court.
00 New construction procedures for single family homes demolished without required approvals or
permits.
For those properties where a single family home constructed before 1942 was demolished without
prior approval of the planning department and the single family residential review board, and without
the required permits from the building official, in addition to any other applicable law in this code or
other codes, the following shall apply prior to the issuance of any building permit for any new
construction on the subject site:
a. Purpose. The purpose of this subsection is to ensure that any new construction on the site
where a single family home constructed prior to 1942 was demolished without required approvals or
permits is consistent with the scale, massing, density, location and height of that structure which
previously existed on site prior to the unpermitted demolition. Where used in this section, the words
"without all required permits", "without prior approval", "without required permits or approval" shall
not be defined to include demolition as a result offorces beyond the control ofthe landowner such
as, for example, windstorm, flood, or other natural disaster.
b. The design review board shall have jurisdiction to review and approve all new construction
on the subject site, in accordance with the criteria listed in section 118-251 and this section.
c. Upon the finding that the demolition of any single family home constructed prior to 1942 was
without following the procedures of this section or without all required permits, any new
construction on the same site shall be limited to the overall square footage, building footprint, height
and location of that which previously existed on site prior to the unpermitted demolition, to the
greatest extent possible in accordance with the applicable building and zoning codes.
d. In the event the design review board determines that the single family home demolished
without required approval or permits was architecturally significant, based upon the criteria in
subsection 142-108a.-c. 142 105(d)a. c. herein, the board shall require that the new structure be
designed and constructed to match the exterior design and architectural details of the original
structure demolished to the greatest extent possible in the same location, in accordance with all
available documentation and in accordance with the applicable building and zoning codes.
e. In the event the applicant endeavors to construct a new home on multiple, combined lots, and
one of the lots contained the subject building demolished without required permits and approval,
construction ofthe new home to match the exterior design and architectural details of the original
home shall only occur on the lot on which the demolished home was situated. Separate new homes,
which are not attached in any way to the lot on which the demolished home was situated, may be
constructed on the remaining lots without approval from the design review board.
f. In the event the owner of a single family home constructed prior to 1942, which has been
demolished without required permits or approvals, can establish good cause, the design review board
may relieve the property owner of some or all of the limitations on new construction herein. The
10
requirement of good cause shall be satisfied where the unauthorized demolition was solely the result
of intentional or negligent acts of a duly licensed contractor or other third parties, and the owner had
no role in and knowledge of the unauthorized demolition.
g. In the event a single family home constructed prior to 1942 is demolished without prior
approval ofthe planning department, and the single family residential review board, and without the
required permits from the building official, in addition to any other applicable law in this code or
other codes, the city shall document such demolition, and the applicable requirements and
procedures for any new construction delineated herein, for recording in the public records of Miami -
Dade County, to give notice to subsequent purchasers ofthe property.
h. No variances shall be granted by the board of adjustment from the requirements of subsection
112 105(d)(7), 142-108 except those variances which may be required to reconstruct the original
structure demolished without required approvals or permits.
i. Fees. The fee schedule below is provided to defray the costs associated with the
administration ofthis subsection. All applications to the design review board for the review of new
construction as described herein shall require the following fees, upon the submission of an
application to the planning department:
1. Any application requiring a hearing before the board for design review approval shall require
a base fee plus a fee per square feet of floor area as provided in appendix A.
2. If a deferment or clarification hearing is requested by the applicant, an additional fee as
provided in appendix A shall be assessed.
3. If a deferment or clarification of conditions is requested by the board, there will be no
additional fee.
4. If the applicant removes a file from the agenda after it has been accepted by the planning
department, the city shall retain 50 percent of the application fee.
5. Any after-the-fact application shall incur triple fees.
A. Notwithstanding the above provision, the design review board may adjust the after-
the-fact fee based on good cause shown. The request for a fee adjustment shall be in
writing and shall be part ofthe design review board application. The adjusted after-
the-fact fee shall not be less than the regular application fee.
B. The request shall be part ofthe design review board application.
6. Revisions to plans previously approved by the board shall require a base fee as provided in
appendix A plus one-half of the original fee.
SECTION 2. CODIFICATION.
It is the intention ofthe Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions ofthis Ordinance shall become and be made part ofthe Code of
the City of Miami Beach, Florida. The sections ofthis ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other
appropriate word.
11
.
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 ofthis 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 _ day of
,2004.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
Date
3/22/2004
Underscore denotes new language
8triketlrrough denotes deleted language
F:\PLAN\$PLBldraft ordinances\200411655 - SFRRB option A.doc
12
SFRRB - Revisions; Option A
ORDINANCE NO.
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 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
DIVISION 2, "SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY
REVISING PROCEDURES FOR THE REVIEW AND APPROVAL OF
DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES
CONSTRUCTED PRIOR TO 1942 AND NOT LOCATED WITHIN A
DESIGNATED HISTORIC DISTRICT; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (City) places a strong emphasis on the retention and
preservation of existing, architecturally significant single family homes; and
WHEREAS, the Mayor and City Commission has deemed it in the best interest and welfare
of the City to adopt revised procedures for the review and issuance of demolition permits for all
single family homes constructed prior to 1942 and located outside of a designated historic district;
and
WHEREAS, the Mayor and City Commission deems it appropriate to protect the significant
architectural history, existing building scale, and unique character of the single family residential
neighborhoods in Miami Beach; and
WHEREAS, the City of Miami Beach Historic Preservation, Design Review and Planning
Boards strongly endorse the proposed amendments to the Single Family Residential Districts Section
of the Code; and
WHEREAS, the amendments set forth below are necessary to accomplish all ofthe above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article II, "District
Regulations," Division 2, "Single Family Residential Districts," of the Land Development
Regulations ofthe Code ofthe City of Miami Beach, Florida is hereby amended as follows:
DIVISION 2, RS-l, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS
.
*
*
*
Sec. 142-105.
Development regulations and area requirements.
*
*
*
(d) Pr-evisi0ns f-er the dem0litien ef siBgle family homes loeated el:1tside ef historie distOets.
Prior to the approval 0f a permit for partial er total demolition of a h0me eonstmeted prier to 1942,
the planning mreetor, or desigaee, shall make a detenllination '."hether the home is arehitect:urally
significant according to the follewing criteria:
a. The subject structure is ~cemplary of a Sflecific architect1:1i'al style in the city pri0r te 1942,
including, but net limited to Vemacl:llar, Mediterranean Reviyal, "^..rt Deco, Streamline, Post War
Modem, or variations thereof;
b. The eJ(terior 0f the struct1:1i'e is recognizable as an eXanlflle 0f its style and/0r period; and
c. "A. sigaificant exterior architect1:1i'aleharaeteristic, architectural reame or detail0fthe stlbjeet
struct1:1i'e is sabstantially ifl:tact.
(I) An applicant may ha?le a pre application conference witb the plar.ning director, 0r desigaee
prior to the sabmission of an application to discuss any aspect ofthis section. SI:16fl pre application
conference and any statements by the planning director, or desigaee, shall not create any waiver ef or
estoppel on the reql:liremefl:ts of, or any determination to be made, under this section.
(2) Total dem0lition. A building permit for the total dem0lition of any single family h0me
constructed prior to 1942 shall only be issued f0llowing the aetennination by the planning director or
desigaee that the subj ect structure is not an architecturally significant home. "\R application f0r such
determination by the plamring director or desigaee shall be processed by the planning aepartmefl:t
within five bl:lsiness days 0f its sabmission.
(3) Partial demolition. ^ bl:lilding permit for partial demelition to aecommedate additions or
modificatioRs to the mcterior of any architecturally significant single family home constructed prior
to 1942 shall be issued only upon the prior approval by the platming director, or designee. An
application for such appro'/al shall be processed by the planning aepartmefl:t within five bl:lsiness
days ef its sabmission.
Ro-yiey/ of applications fer partial dem0lition shall be limited to the actual portion 0fthe stmcture
that is pf0p0sed to be modified, demolished 0r altered, according to the f-e1l0wing criteria:
1. DemolitioFl 0fthe frofl:t facade or architecmally signifieant portioF.ls of a blfildiFlg 0r stmeture
shall be permitted, pro'/ided the alterati0Rs and/or additions are architect1:1i'ally appr-epriate to the
origiFlal desiga and scale oHhe building.
2. DemolitioR of original architect1:1i'al features en secondary ele'/atioRs of the strueture shall be
permitted, proyided sl:lch demolition does Flet 60mpromise its o'{erall original design ifl:tegrity.
3. Demolition associated with facade and building restorations shall be permitted, ','{Rich are
consistent with hist0ric documentati0R.
4. The prop0sed alterations or addition are eompatible with the as built seale and character of
2
.
similar sl:HT0ooding praperties.
5. The geROfal design, scale, massing, ammgemern, te~(tlH'e, material8:Bd celer efthe prep0sed
alteratians er additien are cOHiflatible v:ith the as bail! scale aHd character ef similar saff0lHlding
properties.
6. Permitted demelitian shall net adversely affeet: the erigiFlal are.flitectufal design efthe sabject
structlH'e er any s\ibseft1:lern meffificatiens that have aefll:lired arehitectaral significance.
7. The prepesed altOfatiaFls er additien shall be designed, sited and massed iFl a maRBer that is
seFlsitiye te and ceHiflatible with the 0-xisting structlH'e.
(4) Iss\iance €If demelitian permits.
a. EmergeRcy deHwlition erders. This sectian shall FlOt sl:lflersede the reqair-emeats of the
applicable B\iilding Cede with regard tel:lnsafe structares and the iss\iance of emergeRcy demelitien
ordefG, as determiFled by the b\iilding officiaL
b. Minimlffil flead ele'/atioFl aeterminatieFl.
1. The detonninatien by the buildiFlg efficial that an applicatieFl for demelition ef an
architectlH'ally significaRt hame arising frem the inability te meet minimum fleed eleyatien
requiremeFlts shall be based upon the review efthe folla':ring required declffilentatieFl:
a. A full set af fleer plaHS and eleyatien drawings, prepared by a state registered arehitect,
depicting the reRavatian er rehabilitatien;
b. A full appraisal ef the e~(isting structare, prepared by a flI:lalified liceRsed real estate appraiser
and satisfying the standar.as efthe bailding efficial; and
c. A constructien estimate fram a caFltractar lieensed in the state.
2. If the bl:lildiFlg official determines that propesed reROvatieFls ta aR architectlH'ally significant
hame 'lrill require the praperty evmer te meet minimum fleed elevatien requiremeRts, the praperty
owner shall meet with the SFRRB to review the propased renovations. SHch review shall be a pre
conditian te the praperty awner's filing ef an applicatien fer demolition of the home. The SFRRB
shall explore with the praperty OWRer reasenable altemati';es Slich as, bat not limited te, redueing the
€lest of reao'latians, minimizing the iHiflact of meoting flead elevation requirements, aRd designating
the property as a historic site. ill application for demolitien of such hame cannat be apflnwed by the
b\iilding official withaut the prior review of the SFRRB. The SFRRB shall nat have aI:ltherity to
deny an application f-or demolitien.
3. /'. demelition permit arising from the inability te meet fleed elevation refll:liremerns, fer the
total demolitian ef aR architecturally significant single family heme eonstrueted priar te 1942, shall
net be issued lHlless a f\ill building permit for ne',\' construction has beeR issued.
(5) The fell awing shall nat req\iire determinatians efthe planning directer er designee lHlder this
section: interior demelitions iBcluding plumbing, electrical and mechanical systems, reRevatiens ta
the exterior of non architecturally significant structur-es, er non arehitectarally significant pertioBs af
a structlH'e, provided they have ne adverse iHiflact upen the structlH'al integrity ofthe building or the
original architectural design ofthe e~(teriar, featlH'es aHd details.
3
<<
.
(6) In the event the Jllar.niag director, or designee, declines to approye a demolition ret:}tiest l;Iflder
this section for any reaSOR, the aJlfllieaat may seele reyiew by the siRgle family residential re'/iew
BOai'd (SFRRB), composed of ORe member each from the planning bOai'd, the design review board
aIld the historie Jlreservation board. Eaeh oHhese Boards shall aflfloiat two members to the SFRRB,
to serve on a retating or as a'/ailable basis.
Each bOai'd shall determiae the tefffi aHd dumtioR ef its appointments. In the eveat: the aJlJloiated
members to the SFRRB are lffiavailable, the ellair ofthe respective boar-d may serve iR sl:wh capacity,
or shall designate another member of the board te serve in suell capacity. The ElliOmm. far the 8FRRB
shall be all tm-ee members aIld a simple majerity will be FlOcessary to approve any apJllication. The
JllaRFliRg department shall Jlroyide staff sUPJlort te the SFRRB and the city attorney's office shall
Jlrovide legal cOl:Hlsel.
The SFRRB shall hEwe regalarly scheduled meetings on a bi weelely basis, or as Reeded; sl:leh
hearings shall oeem after 5 :00 13m. }.ll applieations f-ar reviow by the 8FRRB tmlst Be filed with the
Jllar'.H:i.Rg departmeRt. Hearings before the SFRRB shall be noticed by postiag the JlroJlerty that is the
sabj ect efthe heanRg, and a pablished notice, ne less thaH five calendar days eftfle hearing date. The
hearing Before the 8FRRB shall be de aeye. "^ill appeal of aRY deeisioR efthe 8FRRB shall be to a
speeial master appoiRted by the eity cemmissieR, iR aeeor-daIlce with the Jlreeeffilres set forth in
sectioR 118 537(13) ofthese land dO'/elepment regulatieas. Thereafter reyiew shall be by cettierari to
the eireait eel:lrt.
(7) New eonstructieR Jlf-ecedl:lres for single family hemes demolished without reElliir-ed appr<l'/als
or permits.
For those Jlf-eJlerties where a single family hame eonstructed before 1942 was demolished witheat
Jlrior approval eHhe planning departmeat: and the single family resideat:ial revie",. board, aHd without
the reElliircd permits frem the bl:lilding official, in additioR te airy other apJllieable laVi in this cede or
other eedes, the fallowing shall apply prior to the issuanee af aIlY buildiRg Jlermit far any new
coastrnetioR on the sl:lbject site:
a. Pl:lrpose. The purpose ef this sabsection is to easure that any Rew cORstnlction an the site
where a single family home construeted prior to 1942 was demolished withem fequired apJlr<lYals er
permits is consisteat '.'lith the scale, massing, deasity, loeation and height enhat s1:mctme which
Jlreviol:lsly <<<misted on site prior to the aBflermitted demolition. 'Nhere l:lsed in this section, the werds
"without all req1:lired permits", '\vithout prier appro'/al", "without r-eqm.red permits or appro'/al" shall
Ret be defined to inell:lde demolition as a result offorces beyoad the ceRtrol ofthe laHdewner sHch
as, for example, ',yiadstorm, flood, or ether natmal disaster.
b. The design review board shall haye jl:lrisdictioR to reyie\v aHd approye all Hew eenstruction
on the sabject site, in aceordance with the eriteria listed in section 118 251 and this section.
e. Upon the fiading that the demelition of airy single family heme constructed prior te 1912 ',vas
withom fellowing the preeedmes of this seetion er withoat all required Jlefffiits, any Hew
eOFlstrnetioR OR the same site shall be limited to the o'/Elrall sElliare footage, baildiag faotpriat, height
aIld 10eatieR of that which Jlnwieasly existed on site prior te the unpermi1:ted demelitioR, to the
greatest extent Jlossible in accordaHce with the apJllicable buildiFlg aIld zORiRg codes.
d. In the eyeRt the design feview board determiRes that the siRgle family home demolished ',vithOl:lt
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req,l:lired apPfev:al ar permits was aFe8iteetl:H'ally sigaifieaftt, based l:lpOR the eriteria in sl:lbseetioR
142 1 05( d)a. e. herein, the board shall reqtlire that the now strueture be designed lI1'Kl cOBstnleted to
mateh the exterior desiga and arehiteetliffil. details of the original structHre demolished ta the greatest
e:x:tent passible in the same laeation, in ooeordance with all a'/ailable dael:HHeRtatian and in
accanlanee ','Iith the applicable bl:lilding and zoning eades.
e, ill the ev:eBt: the applicant endea-vars to eaBstrnet a Rew hame OR lI:Hiltiple, eombined lots, and
one €If the lots eoBt:ained the sl:lbject building demolished withom req,uired permits and approval,
constmctian €If the new home ta mateh the m(terior design and ar-ehiteetUfal deta-ils €If the arigiRal
home shall anly oeel:H' OR the lat on whieh the demalished hame was situated. Separate new hames,
whieh are Rat attaehed iR any wa-y ta the lat on vlhieh the demalishedhome.liassituated.ma-y be
canstrncted OR the remaining lats without appr{)v:al from the desiga review baard.
f. In the O'leBt: the owner €If a single family hame eOBstructed priar to 1912, '.'{hieh has been
demolished vlithout rel:J.:l:lired permits ar approvals, ean establish goad eaase, the design review boam
ma-y relieve the property o',vner of same or all af the limitations OR new eOll.stfl:lction hereill.. The
reql:1irement af goad Cffiise shall be satisfied ',"{here the uRffiitharized demolitian ,vas solely the reSl:llt
of intentianal or lI.egligent aets of a duly lieeRsed caBt:ractor €If ather third parties, and the owner had
no rale in and lrnawledge afihe lffiautharized demalition.
g. In the ev:ent a single family home canstmcted priar to 1942 is demalished withaut prior
appro'/al onhe planning departmeFlt, and the single family residefltial review baard, lIBd withom the
required permits fram the building afficial, in additioR to any other applieable law in this eode or
ather eodes, the city shall da61:1ment sueh demolitian, ami the applieable requirements and
praeedures f{)r any new eaFlstmetion delineated hereiR, for reearding iR the pub lie records afMiami
Dade COl:lflty, to gi'le notiee ta subsequent purchasers ofihe praperty.
h. Ne '/a-rianees shall be granted by the board of adjl:\stment fram the requir-oments of 51:1bseetian
112 1 05( d)(7), except those v:ariances whieh may be required ta reeORstruct the ariginal structl:H'e
demalished withom required approvals or permits.
i. Fees. The fee se8edule belaw is pro'/ided to defray the oosts asseeiated "'Iith the
admiRistration anhis sl:lbsection. }1.11 applioatians to the desiga rO'iiO'N baar-d far the reyiew €If nO'N
constmotian as deseribed herein s8a-ll req,l:lire the f{)llowing fees, l:Iflan the submissian €If an
applicatiafl to the plar~'1iag department:
1. .'\fly applicatian requiring a hearing befare the board far design rO'/iew appro'/al shall reql:lire
a base fee phlS a fee per square feet €If flaar area as pro'/ided in appendiJ( f..
2. If a deferment ar elarifieatian hearing is requested by the applieant, an additiall.al fee as
pro'/ided iR appemli)( LA. shall be assessed.
3. If a defefffieBt: or elarificatian of oenditioRs is requested by the baard, there will be no
additional fee.
4. If the applieaRt remens a file fram the ageBda after it has beOR oocepted by the plannill.g
departmORt, the eity shall retain 50 pereent of the applicatieR f-ee.
5. Any after the foot applieatien shall incl:H'triple fees.
LA.. Natwithstanding the abo'ie pravisieR, the design review boar-d may adjast the after the foot
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fee based en geed eause shavm. The request for a fee adjustmoot shall be in vmtiBg. The adjasted
after the fact fee shall Bet be less tlum. the regular applicatieB fee.
B. The reqaest shall be part efthe desiga re'/ie',v beard applieation.
6. Reyisions to plaHS pre'/iel:lsly appre';ed by the baar.a shall reqaire a base fee as pf0Yided in
appendix 1'. phIS ene half of the ariginal fee.
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Provisions for the demolition of single family homes located outside of
historic districts.
Concurrent with a request for Priar te the appreyal of a permit for partial or total demolition
of a home constructed prior to 1942, the planning director, or designee, shall make a determination
whether the home is architecturally significant according to the following criteria:
a. The subject structure is mcemplary characteristic of a specific architectural style
constructed in the city prior to 1942, including, but not limited to Vernacular,
Mediterranean Revival, Art Deco, Streamline Modeme, Post '}far Modem, or
variations thereof;
Section 142-108.
b. The exterior of the structure is recognizable as an example of its style and/or period,
and its architectural design integrity has not been significantly modified; and
c. A maiority of the significant exterior architectural characteristic~, architeetl:lfal
feature~ or detail~ of the subject structure remain is substantially intact.
d. The subiect structure embodies the scale. character and massing ofthe built context
of its immediate area.
(I) An applicant may have a pre-application conference with the planning director, or designee,
prior to the submission of a request or an application to discuss any aspect of this section.
Such pre-application conference and any statements by the planning director, or designee,
shall not create any waiver of, or estoppel on, the requirements of, or any determination to be
made, under this section.
(2) Total demolition. A building permit for the total demolition of any single family home
constructed prior to 1942 shall only be issued following the determination by the planning
director, or designee, that the subject structure is not an architecturally significant home. Aft
application request for such determination by the planning director, or designee. shall be
signed bv the property owner and shall be processed by the planning department within five
business days of its submission. In the event the planning director. or designee. determines
that a single-family home constructed prior to 1942 is architecturally significant. a
demolition permit shall require the review and approval of the single-family residential
review board (SFRRB).
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(3) Partial demolition. A building permit for partial demolition to accommodate additions or
modifications to the exterior of any architecturally significant single-family home constructed
prior to 1942 shall be issued only upon the prior approval by the planning director, or
designee. An application for such approval shall be processed by the planning department
within five business days of its submission. An appeal of any decision of the Planning
Department shall be to the SFRRB, in accordance with the procedures set forth in this
subsection.
Review of applications for partial demolition shall be limited to the actual portion of the
structure that is proposed to be modified, demolished or altered, according to the following
criteria:
1. DemEllitiEln Elfthe front meade Elf architeemrally sigBifieaBt portioBs of a Bl:lilaiBg or
structure shall be permitted, pf€J'/ided the alteratiaBs aHdler aaditioBs ar-e
architeeturally appropriate to the ariginal desiga aHa seale ofthe bl:lildiBg.
~. a. Demolition of original architectural features on secondary elevations ofthe structure
shall be permitted, provided such demolition does not compromise its overall original
design integrity.
~.b. Demolition associated with facade and building restorations shall be permitted,
which are consistent with historic documentation.
4.c, The proposed alterations or addition are compatible with the as-built scale and
character of similar surrEllffiding properties the surrounding single- family residential
neighborhood.
S.d. The general design, scale, massing, arrangement, texture, material and color ofthe
proposed alterations or addition are compatible with the as-built scale and character
of similar Sl:HTOl:l.Fl.di.i:1g pr€lperties the surrounding single-family residential
neighborhood.
6.e. Permitted demolition shall not adversely affect the original architectural design of the
subject structure or any subsequent modifications that have acquired architectural
significance.
+.f., The proposed alterations or addition shall be designed, sited and massed in a manner
that is sensitive to and compatible with the existing structure.
& Non-architecturally significant portions of a structure, provided they have no adverse
impact upon the structural integrity ofthe building or the original architectural design
of the exterior, features and details.
(4) Issuance of demolition permits.
a. Emergency demolition erders. This section shall not supersede the requirements of
the applicable Building Code with regard to unsafe structures and the issuance of
emergency demolition orders, as determined by the building official.
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b. ~ A demolition permit arising from the iRability te meet flooa elevation reEIUirements,
for the total demolition of an architecturally significant single family home
constructed prior to 1942, shall not be issued unless a full building permit for new
construction has been issued.
lr. ill Minimum flood elevation determination.
1. The aetermiRatien by the bl:1ilamg efficial tbat an 9.flplicatieR for demslitieR sf llfl
architectarally significant heme arising from the inability to meet minimum flood ele'/ation
req1:liremeRts shall be based upeR the review efthe fellewiRg req1:lired aecumeRtation:
a. .^. full set of floor plans aRa ele'latioR drawiRgs, prCflared by a state registered architect,
dcpicting the renevation or rehabilitation;
b. .^. full appraisal ofthe e1[isting sffilctare, pr-epared by a qualified licoosed real estate appraiser
and satisfying the stanaards afthe building offieial; and
c. /\. eaRstruction estimate [ram a coBtraeter licoosea in the state.
~ If a property owner seeks to demolish an architecturally significant single-family home
constructed prior to 1942 due to a determination by the building official determiRes that
proposed renovations to an arcl:1itectaraUy signifieaflt the home will require the property
owner to meet minimum flood elevation requirements, the property owner shall make
application to meet with the SFRRB to review the proposed renovations. Sucl:1 review shall
be a pre cendition to the Proflerty O'.VTler's filing of llfl applicatian for demolition efthe heme.
The SFRRB shall explore with the property owner reasonable alternatives to demolition such
as, but not limited to, reducing the cost of renovations, minimizing the impact of meeting
flood elevation requirements, and designating the property as an historic structure or site.
The SFRRB shall have full discretion with regard to all reasonable alternatives to demolition.
Once all reasonable alternatives to demolition are explored, the SFRRB shall have final
authority to approve or deny an application for demolition. An application f-or demolition of
sueh home cannot be 9.flpreved by the bl:1ilaing offieial without the priar review of the
SFRRB. The SFRRB shall net have a1:1thority te aeny an 9.flplicatien for demelitioR.
~@ The following areas of work shall not require determinations of the planning director, or
designee, under this section: interior demolitions including plumbing, electrical and
mechanical systems, and renovations to the exterier of non-architecturally significant
structures, ar Ron architeetarally signifieaflt pertieRs af a struetare, prsvided they ha'/e RO
adverse impact UflOR the structaral integrity of the building er the anginal architeemal
design ofthe exteriar, featares llfld details.
(6) IR the e'/oot tbe planniFlg director, sr designee, deeliRes ta appre"e a demelition r-eq1:lest
ander this sectien fer any reaseR, the applieaflt may seek nwiew by the single family
residential review beard (SFRRB),
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ill Single Family Residential Review Board (SFRRB).
a. Composition. The Single Family Residential Review Board (SFRRB) shall be
composed of one member each from the planning board, the design review board and
the historic preservation board. Each ofthese Boards shall appoint two members to
the SFRRB, to serve on a rotating or as available basis. Each board shall determine
the term and duration of its appointments. In the event the appointed members to the
SFRRB are unavailable, the chair of the respective board may serve in such capacity,
or shall designate another member of the board to serve in such capacity. The quorum
for the SFRRB shall be all three members and a simple majority will be necessary to
approve any application. The planning department shall provide staff support to the
SFRRB and the city attorney's office shall provide legal counsel.
b. Meetings. The SFRRB shall haye regularly seheooled meetiFlgs Oft a bi weekly basis,
ef meet as needed; such hearings shall occur after 5:00 p~m. All applications for
review by the SFRRB must be filed with the planning department. Hearings before
the SFRRB shall be noticed by mail to all property owners of record within 375' of
the subject property posting the preperty that is the sabjeet ahhe hearing, and a
published notice, no less than five calendar days of the hearing date. The hearing
before the SFRRB shall be de novo.
c. Decision of the SFRRB. The applicant shall have UP to 12 months. or such lesser
time as may be specified by the SFRRB. from the date ofthe board meeting at which
approval for demolition was granted. to obtain a full building permit for the
construction of a new single- family home and a demolition permit. The foregoing 12
month time period. or such lesser time as may be specified by the board. includes the
time period during which an appeal ofthe decision of the SFRRB may be filed. Ifthe
applicant fails to obtain a full building permit for the construction of a new single-
family home and a demolition permit within 12 months. or such lesser time as may
be specified by the board. ofthe board meeting date at which approval for demolition
was granted and/or construction does not commence and proceed in accordance with
such permit and the requirements of the applicable Florida Building Code. the
approval for demolition shall be deemed null and void. Extensions of time shall not
be permitted. Notwithstanding the foregoing. in the event the original decision ofthe
SFRRB with respect to approval for demolition is timely appealed. or there is an
appeal of an approval from the board of adjustment and/or the planning board that is
a requirement of the original decision ofthe SFRRB. and such appeal is filed within
20 days of the decision of the board of adjustment and/or the planning board. the
applicant shall have 18 months. 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 for the construction of a new single-family home and a
demolition permit. This tolling provision shall only be applicable to the original
approval of the SFRRB and shall not apply to any subsequent requests forrevisions.
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