Chapter 2 - Administration and Review Procedures - ADOPTED Second Reading with Commission ChangesMIAMI BEACH RESILIENCY CODE
Chapter 2 – Administration and Review Procedures 1
As Adopted at City Commission Second Reading
Chapter 2
ADMINISTRATION AND REVIEW
PROCEDURES
Contents
ARTICLE I – LAND USE BOARDS .................................................................................................................... 5
2.1.1 GENERALLY ....................................................................................................................................... 5
2.1.1.1 Disclosure Requirement ....................................................................................................... 5
2.1.1.2 Application Requirement for Land Use Boards.................................................................... 5
2.1.1.3 Terms of Office ..................................................................................................................... 5
2.1.1.4 Quorum and Voting ............................................................................................................. 6
2.1.1.5 Conflict of Interest ............................................................................................................... 6
2.1.1.6 Meetings .............................................................................................................................. 7
2.1.1.7 Removal ............................................................................................................................... 7
2.1.1.8 Temporary Emergency Relief Procedures ........................................................................... 7
2.1.2 PLANNING BOARD ............................................................................................................................ 8
2.1.2.1 Powers and Duties ............................................................................................................... 8
2.1.2.2 Membership and Appointment ........................................................................................... 9
2.1.2.3 Procedures ......................................................................................................................... 10
2.1.3 DESIGN REVIEW BOARD ................................................................................................................. 11
2.1.3.1 Powers and Duties ............................................................................................................. 11
2.1.3.2 Membership and Appointment ......................................................................................... 11
2.1.3.3 Procedures ......................................................................................................................... 13
2.1.4 HISTORIC PRESERVATION BOARD .................................................................................................. 13
2.1.4.1 Created; authority .............................................................................................................. 13
2.1.4.2 Powers and Duties ............................................................................................................. 13
2.1.4.3 Membership and Appointment ......................................................................................... 14
2.1.4.4 Procedures ......................................................................................................................... 16
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2.1.5 BOARD OF ADJUSTMENT ............................................................................................................... 16
2.1.5.1 Powers and Duties ............................................................................................................. 16
2.1.5.2 Membership ....................................................................................................................... 16
ARTICLE II – GENERAL DEVELOPMENT APPLICATION AND HEARIG PROCEDURES .................................. 16
2.2.1 PURPOSE ........................................................................................................................................ 16
2.2.2 PREAPPLICATION CONFERENCE ..................................................................................................... 17
2.2.3 DEVELOPMENT APPLICATION SUBMISSIONA AND REVIEW .......................................................... 17
2.2.3.1 Authority to Submit ........................................................................................................... 17
2.2.3.2 Required Application Content and Forms ......................................................................... 17
2.2.3.3 Site Plans ............................................................................................................................ 18
2.2.3.4 Unified Development Site .................................................................................................. 19
2.2.3.5 Fees for the Administration of Land Development Regulations ....................................... 21
2.2.3.6 Use of, and Cost Recovery for, Consultants for Applications for Development Approval 26
2.2.3.7 Completeness Determination ............................................................................................ 27
2.2.3.8 Review and Hearing ........................................................................................................... 28
2.2.4 PUBLIC HEARING ............................................................................................................................ 28
2.2.4.1 Public Notification .............................................................................................................. 28
2.2.4.2 General Hearing Procedures .............................................................................................. 29
2.2.4.3 Quasi-Judicial Hearing Procedures .................................................................................... 29
2.2.4.4 Withdrawal of Application ................................................................................................. 30
2.2.4.5 Deferral or Continuance .................................................................................................... 30
2.2.4.6 Post Decision-making ......................................................................................................... 31
2.2.4.7 Rehearing ........................................................................................................................... 32
2.2.4.8 Appeal and court review of land use board decisions ....................................................... 33
ARTICLE III – PERIODIC REVIEW AND ANNUAL ZONING CYCLE ................................................................ 37
2.3.1 PERIODIC REVIEW .......................................................................................................................... 37
2.3.2 ANNUAL ZONING CYCLE ................................................................................................................. 37
ARTICLE IV – AMENDMENTS TO COMPREHENSIVE PLAN AND TO THE TEXT OF THE LAND
DEVELOPMENT REGULATIONS ................................................................................................................... 38
2.4.1 Generally ....................................................................................................................................... 38
2.4.2 Amendment to the text of land development regulations ............................................................ 40
2.4.3 Proposed land development regulation amendments; application of equitable estoppel to
permits and approvals ........................................................................................................................... 42
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2.4.4 Amendment to the Comprehensive Plan ....................................................................................... 43
ARTICLE V – REZONINGS AND DEVELOPMENT APPROVALS ..................................................................... 44
2.5.1 CHANGE TO ZONING DISTRICT BOUNDARIES (REZONING)............................................................ 44
2.5.2 CONDITIONAL USE ......................................................................................................................... 47
2.5.2.1 Purpose .............................................................................................................................. 47
2.5.2.2 Standards for Approval ...................................................................................................... 47
2.5.2.3 Application and Review ..................................................................................................... 49
2.5.2.4 Planning Board ................................................................................................................... 49
2.5.2.5 Compliance with Conditions; Revocation or Modification ................................................ 50
2.5.2.6 Amendment of an Approved Conditional Use ................................................................... 51
2.5.3 DESIGN REVIEW ............................................................................................................................. 51
2.5.3.1 Design Review Criteria ....................................................................................................... 51
2.5.3.2 Applicability ....................................................................................................................... 53
2.5.3.3 Administrative Design Review ........................................................................................... 54
2.5.3.4 Application for Design Review ........................................................................................... 56
2.5.3.5 Design Review Board ......................................................................................................... 57
2.5.3.6 Building Permit Application ................................................................................................ 58
2.5.4 DIVISION OF LAND/LOT SPILT ........................................................................................................ 58
2.5.4.1 Approval for Lot Split Required .......................................................................................... 58
2.5.4.2 Review Criteria ................................................................................................................... 58
2.5.4.3 Procedure for Approval ..................................................................................................... 59
2.5.4.4 Revocation Procedures ...................................................................................................... 59
ARTICLE VI – CERTIFICATES OF OCCUPANCY AND CERTIFICATES OF USE................................................. 60
2.6.1 CERTIFICATE OF OCCUPANCY ........................................................................................................ 60
2.6.2 CERTIFICATE OF USE ....................................................................................................................... 60
ARTICLE VII – COMMISSION WARRANT .................................................................................................... 60
2.7.1 PROCEDURES .................................................................................................................................. 60
ARTICLE VIII – CERTIFICATES OF OCCUPANCY AND CERTIFICATES OF USE .............................................. 61
2.8.1 DETERMINATION OF JURISDICTION ............................................................................................... 62
2.8.2 PROHIBITED VARIANCES ................................................................................................................ 62
2.8.3 VARIANCE CRITERIA ....................................................................................................................... 62
2.8.4 APPLICATION AND HEARING .......................................................................................................... 63
2.8.5 BUILDING PERMIT .......................................................................................................................... 63
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2.8.6 APPLICATION AND HEARING .......................................................................................................... 63
ARTICLE IX – ADMINISTRATIVE APPEALS ................................................................................................... 64
2.9.1 BOARD OF ADJUSTMENT AUTHORITY ........................................................................................... 64
2.9.2 PROCEDURES FOR APPEAL ............................................................................................................. 65
ARTICLE X – PUBLIC BENEFIT BONUSES. Reserved. ................................................................................... 66
ARTICLE XI – DEVELOPMENT AGREEMENT ................................................................................................ 66
2.11.1 REQUIREMENTS ........................................................................................................................... 66
2.11.2 EXPIRATION DATE ........................................................................................................................ 67
ARTICLE XII – NONCONFORMITIES ............................................................................................................ 67
2.12.1 PURPOSE; APPLICABILITY ............................................................................................................. 67
2.12.2 DETERMINATION OF NONCONFORMING USE OR BUILDING ...................................................... 67
2.12.3 CONDITIONAL USES...................................................................................................................... 68
2.12.4 NONCONFORMING SIGNS ............................................................................................................ 68
2.12.5 NONCONFORMING USE OF BUILDINGS ....................................................................................... 68
2.12.6 DISCONTINUANCE OF NONCONFORMING USES ......................................................................... 68
2.12.7 REPAIR OR REHABILITATION OF NONCONFORMING USES.......................................................... 69
2.12.8 REPAIR OR REHABILITATION OF NONCONFORMING BUILDINGS ................................................ 69
2.12.9 BUILDING NONCONFORMING IN HEIGHT, DENSITY, PARKING, FLOOR AREA RATIO OR BULK ... 74
ARTICLE XIII – HISTORIC PRESERVATION ................................................................................................... 74
2.13.1 GENERALLY ................................................................................................................................... 74
2.13.2 HISTORIC PRESERVATION BOARD REVIEW OF PROJECTS ............................................................ 76
2.13.3 MAINTENANCE OF DESIGNATED PROPERTIES AND DEMOLITION BY NEGLECT .......................... 78
2.13.4 UNAUTHORIZED ALTERATIONS .................................................................................................... 81
2.13.5 HISTORIC PROPERTIES DATABASE ............................................................................................... 82
2.13.6 VARIANCES PROHIBITED .............................................................................................................. 82
2.13.7 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/ CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION .................................................................................................... 82
2.13.8 SPECIAL REVIEW PROCEDURE ...................................................................................................... 94
2.13.9 HISTORIC DESIGNATION ............................................................................................................... 94
2.13.10 SINGLE-FAMILY AS VALOREM TAX EXEMPTION ....................................................................... 112
ARTICLE XIV – TRANSFER OF DEVELOPPMENT RIGHTS. Reserved. ......................................................... 116
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ARTICLE I – LAND USE BOARDS
2.1.1 GENERALLY
2.1.1.1 Disclosure requirement
Each person or entity requesting approval, relief or other action from the planning board, design review board,
historic preservation board or the board of adjustment shall disclose, at the commencement (or continuance) of
the public hearing(s), any consideration provided or committed, directly or on its behalf, for an agreement to
support or withhold objection to the requested approval, relief o r action, excluding from this requirement
consideration for legal or design professional services rendered or to be rendered. The disclosure shall :
a. be in writing,
b. indicate to whom the consideration has been provided or committed,
c. generally describe the nature of the consideration, and
d. be read into the record by the requesting person or entity prior to submission to the secretary/clerk of the
respective board.
e. Upon determination by the applicable board that the foregoing disclosure requirement was not tim ely
satisfied by the person or entity requesting approval, relief or other action as provided above, then
f. the application or order, as applicable, shall immediately be deemed null and void without further force or
effect, and
g. no application from said person or entity for the subject property shall be reviewed or considered by the
applicable board(s) until expiration of a period of one year after the nullification of the application or order.
h. It shall be unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of this
section and such circumvention shall be deemed a violation of the disclosure requirements of this section.
2.1.1.2 Application requirement for land use boards
No person shall be appointed to the planning board, design review board, historic preservation board, or the board
of adjustment unless he has filed an application with the city clerk on the form prescribed, not less than ten days
before the date of appointment. The city commission may waive this requirement by a five-sevenths vote,
provided such waiver shall only be granted one time per board, per meeting, provided further that any applicant
granted such a waiver must file his application prior to being sworn in as a member of these boards.
2.1.1.3 Terms of Office
The term of office on a land use board shall be two years.
2.1.1.4 Quorum and voting
a. For each land use board, a quorum shall constitute four regular members. In the event there is a lack of a
quorum, all pending or remaining matters shall be automatically continued to the next available meeting of
the board.
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b. A majority vote of the members present shall be necessary to approve all requests or to decide all issues
coming before the board with the following exceptions:
i. An affirmative vote of five regular members of the Planning Board shall be required to approve a
conditional use request or to approve a request that does not require city commission approval.
ii. An affirmative vote of four regular members of the Planning Board shall be required to approve a request
before the board that requires city commission approval.
iii. An affirmative vote of four regular members of the Planning Board shall be required to approve the sale,
exchange, conveyance or lease of ten years or longer of certain city -owned property, as provided in City
Charter, subsection 1.03(b)4, entitled, "Disposition of city property."
iv. An affirmative vote of four regular members of the Design Review Board shall be required to approve an
application for design review.
v. An affirmative vote of five regular members of the Design Review Board shall be necessary to approve any
variance request.
vi. An affirmative vote of five regular members of the Historic Preservation Board shall be necessary to
approve any variance request.
vii. An affirmative vote of five regular members of the Historic Preservation Board shall be necessary to
approve any (i) certificate of appropriateness for demolition; (ii) recommendations for historic
designation and reclassification of properties listed as "historic" in the historic properties database; and
(iii) pertaining to revisions to any application for a property where a certificate of appropr iateness for
demolition was previously issued, including an after-the-fact certificate of appropriateness for demolition.
viii. An affirmative vote of four regular members of the Historic Preservation Board shall be necessary to
approve the issuance of a certificate of appropriateness pertaining to any application for new
construction, renovation or rehabilitation, except as otherwise provided in this section.
ix. An affirmative vote of five regular members of the Board of Adjustment shall be necessary to approve any
variance request.
c. As applicable to meetings held during a state of emergency declared by the City, County, or State that applies
to the City of Miami Beach and that impacts a land use board' s ability to meet in person, a quorum of the
board shall attend the meeting in person, and remaining land use board members may attend and participate
using communications media technology such as telephonic and video conferencing, unless the in - person
quorum requirement has been suspended by the Florida Governor, by a court of competent jurisdiction, or
otherwise suspended pursuant to applicable law.
d. In the event of a tie vote on a motion on all requests or issues coming before a land use board, the motion
shall be deemed denied.
2.1.1.5 Conflict of Interest
Members of the land use boards shall abide by the applicable provisions of Section 112.311 et seq., Florida
Statutes, Dade County Code section 2-11.1 and section 2-446 et seq. of this Code, regarding voting conflicts and
disclosures of financial interests and shall be subject to removal from office for the violation of the terms thereof.
2.1.1.6 Meetings
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Unless appointed by the city commission, each land use board shall by majority vote select a chairperson and vice
chairperson. Meetings of each land use board shall be held within a reasonable time upon receipt of an
application, or at such other times as the board may determine, or upon call of the chair person or the planning
director. Each land use board shall follow Robert’s Rules of Order, subject to the limitations of the city’s Charter
and ordinances, and shall keep minutes of its proceedings showing its action on each question considered. All
meetings shall be open to the public. Members of the public at the meeting shall have the right to address the land
use board and to present evidence.
2.1.1.7 Removal
Removal of a land use board member shall be mandatory when that member:
a. Fails to attend three of the regularly scheduled meetings per calendar year; or
b. Abstains from voting due to a conflict of interest on four different applications within a calendar year.
However, abstentions by a Historic Preservation Board member for reason of conflict for matters relating to
amendment of the historic properties database shall not be counted for this purpose.
For purposes of this section, an absence from a meeting shall be defined as missing 50 percent of the scheduled
matters unless the member attended 70 percent of the duration of time of that meeting's agenda. A member who
is removed shall not be reappointed to membership on the board for at least one year from the date of removal.
Any absences or abstentions due to conflict of interest prior to the effective date of these land development
regulations shall not apply for purposes of removal from board membership.
2.1.1.8 Temporary Emergency Relief Procedures
a. Purpose and Intent. It is the purpose and objective of this section to establish reasonable and uniform
regulations to protect the public health, safety, and welfare, and to provide for streamlined review of
applications for temporary uses and other land use approvals following a catastrophic event, including, but
not limited to, a fire, tornado, flood, tropical storm, hurricane, or other natural disaster or act of God.
b. Approval of temporary emergency uses. During a state of emergency declared by the city in response to a
natural disaster or other catastrophic event, including, but not limited to, a fire, tornado, flood, tropical storm,
hurricane, or other natural disaster or act of God, the city manager shall have the auth ority to approve
temporary emergency use permits for a duration of up to 120 days on any lot, regardless of the underlying
zoning district, for any temporary use which, as determined by the city manager, will aid in the reconstruction
or recovery of an area adversely impacted by the natural disaster or catastrophic event, subject to the
following conditions:
i. Prior to approving the location of a temporary emergency use, the city manager must find that the use
will not have a significant effect on adjoining properties or on the immediate surrounding neighborhood.
ii. The temporary emergency use shall not be subject to the requirements of chapters 3 through 7 of these
land development regulations, unless the city manager determines that it is necessary to enforce a land
development regulation against the use in order to protect the peaceful and quiet enjoyment of adjoining
properties, or that enforcement of the land development regulation is required pursuant to the City
Charter or state law.
iii. The city manager may impose additional conditions that may be necessary to protect the peaceful and
quiet enjoyment of adjoining properties.
iv. Upon the expiration of the temporary emergency use permit, the site must be fully restored and returned
to its pre-emergency state, unless a building permit is obtained to modify the site.
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v. The city manager may require the posting of a completion bond or other guarantee in an amount that, at
a minimum, would cover the cost of the removal of any improvements made to a site or
cleaning/restoration of the site following the expiration of the approved temporary emergency use
permit.
vi. An application for a temporary emergency use permit must be made while the declaration of a state of
emergency is in effect.
vii. The city manager shall have the sole and absolute discretion to revoke the temporary emergency use
permit at any time.
viii. The planning department shall maintain records of all temporary emergency use permits issued pursuant
to this section.
ix. The City Commission may, by resolution adopted following a duly noticed public hearing, authorize the
city manager to extend any or all temporary emergency use permit approved pursuant to this article for a
period of up to one additional year.
2.1.2 PLANNING BOARD
2.1.2.1 Powers and Duties
The Planning Board shall have the following powers and duties:
a. To acquire, compile and collate all available data, materials, statistics, maps, photographs, reports and studies
necessary to obtain an understanding of past conditions and present tr ends, which affect the city and the
economic and general welfare of its residents. The board shall evaluate data and determine the past, present
and future trends as they relate to population, property values, economic bases, land use, and to evolve the
principles and policies required to guide the direction and type of future development and expansion of the
city.
b. To conduct such public hearings as may be helpful in gathering information and data necessary for the
presentation of suitable and appropriate plans for the comprehensive and systematic development of the city
and to transmit the same for consideration by the city commission.
c. To make, cause to be made, or obtain special studies on the location, condition and adequacy of specific
facilities of the city. These may include, but are not limited to, studies on single and multiple-family housing,
including hotels, apartment buildings, cooperatives and condominiums, commercial and industrial conditions
and facilities, beaches, parks, playgrounds and other recreational facilities, public buildings, public and private
utilities, traffic, transportation and parking. The board shall be authorized to study and consider any and all
studies made and published by the federal, state and county governments.
d. To make appropriate studies of the location and extent of present and anticipated use of land, population,
social and economic resources and problems, and to submit such data, with the recommendations of such
board, to the city commission.
e. To consider and to act upon any and all matters referred to it by the city commission or by the provisions of
any city ordinance pertaining to land use and to submit its findings and recommendations on such matters to
the city commission.
f. In granting a request, the board may prescribe appropriate conditions and safeguards which are consistent
and supportive of the city's comprehensive plan, neighborhood plan or capital improvement plan. Violation of
such conditions and safeguards shall be deemed a violation of these land deve lopment regulations.
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g. To carry out its responsibilities as the local planning agency pursuant to the state and the Florida Community
Planning Act (chapter 163, Florida Statutes).
h. To ensure a high degree of aesthetics and promote quality in construction and design of buildings and
structures so as to enhance the value of property and the physical environment of the city.
i. To consider applications pertaining to conditional use permits, division of land/lot splits, amendments to these
land development regulations, change of zoning district boundaries and comprehensive plan amendments and
future land use map changes.
j. To promote reduced crime and fear of crime through the use of crime prevention through environmental
design guidelines and strategies.
k. To review the sale, exchange, conveyance or lease of ten years or longer of certain city-owned property, as
provided in City Charter, subsection 1.03(b)4, entitled, "Disposition of city property," which requires approval
by a majority (four-sevenths) vote of all members of the planning board. In reviewing such an application, the
planning board shall consider the following review criteria, when applicable:
i. Whether or not the proposed use is in keeping with city goals and objectives and conforms to the city
comprehensive plan.
ii. If a sale, a determination as to whether or not alternatives are available for the acquisition of private
property as an alternative to the proposed disposition or sale of city-owned properties, including
assembly of adjacent properties, and impact of such assemblage on the adjacent neighborhood and the
city in general.
iii. The impact on adjacent properties, including the potential positive or negative impacts such as diminution
of open space, increased traffic, adequate parking, noise level, enhanced property values, improved
development patterns, and provision of necessary services.
iv. Determination as to whether or not the proposed use is in keeping with the surrounding neighborhood,
blocks views or creates other environmental intrusions, and evaluation of design and aesthetic
considerations of the project.
v. A traffic circulation analysis and plan that details the impact of projected traffic on the immediate
neighborhood and how this impact is to be mitigated.
vi. Determination as to whether or not the proposed use is in keeping with a public purpose and community
needs, and improving the community's overall quality of life.
vii. If a lease is proposed, the duration and other nonfinancial terms of the lease.
2.1.2.2 Membership and appointment
a. The planning board shall be composed of seven regular voting members. Each regular member shall be
appointed with the concurrence of at least four members of the city commission. The planning director or
designee, and city attorney or designee, shall serve in an advisory capa city.
b. All regular voting members of the board shall have considerable experience in general business, land
development, land development practices or land use issues; however, the board shall at a minimum be
comprised of:
i. One architect registered in the State of Florida; or a member of the faculty of a school of architecture in
the state, with practical or academic expertise in the field of design, planning, historic preservation or the
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history of architecture; or a landscape architect registered in the State of Florida; or a professional
practicing in the fields of architectural or urban design, or urban planning;
ii. One developer who has experience in developing real property; or an attorney in good standing licensed
to practice law within the United States;
iii. One attorney licensed to practice law in the State of Florida who has considerable experience in land use
and zoning issues;
iv. One person who has education or experience in historic preservation issues. For purposes of this section,
the term "education or experience in historic preservation issues" shall be a person who meets one or
more of the following criteria:
1. Has earned a college degree in historic preservation;
2. Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or
3. Is recognized by the city commission for contributions to historic preservation, education or planning;
v. Two persons who are residents at-large and currently reside in the city and have resided in the city for at
least three consecutive years at the time of appointment or reappointment. Additionally, strong
preference shall be given to individuals who have previously served on a Miami Beach board or
committee or completed the Miami Beach Leadership Academy course, and to individuals not currently
working in the fields of real estate development, real estate brokerage/sales, real estate law, or
architecture; and
vi. One of the following:
1. A licensed professional engineer, licensed professional architect, or licensed pro fessional landscape
architect with expertise in water resources;
2. A person licensed by the State of Florida in hydrology, water or wastewater treatment;
3. A person with a degree from an accredited college or university in a field of study related to water
resources; or
4. A floodplain manager or a principal community administrator responsible for the daily
implementation of flood loss reduction activities including enforcing a community's flood damage
prevention ordinance, updating flood maps, plans, and policies of the community, and any of the
activities related to administration of the National Flood Insurance Program (NFIP) (a "water
management expert").
c. Except as provided in subsection (b)(v), no person except a resident of the city, who has resided in the city for
at least one year, shall be eligible for appointment to the planning board. The residency requirement in this
subsection (c) shall not apply to the water resource expert appointed to the planning board pursuant to
subsection (b)(vi).
d. The city commission may waive the residency requirements by a 5/7ths vote in the event a person not
meeting these requirements is available to serve on the board and is exceptionally qualified by training or
experience.
2.1.2.3 Procedures
In addition to all procedures otherwise authorized or required by these land development regulations, t he
following shall apply to the Planning Board.
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a. The board is authorized to call public hearings and to create committees and subcommittees when deemed
appropriate or convenient for the performance of its duties.
b. All requests shall be submitted to the city attorney for a determination whether the request is properly such,
and does not constitute a variance of these land development regulations. The jurisdiction of the planning
board shall not attach unless and until the board has before it a written certificate of the city attorney that the
subject matter of the request is properly before the board. The separate written recommend ations of the
planning director shall be before the board prior to its consideration of any matter before it.
c. Where required by city charter section 1.03(d) to act on proposed sale, exchange, conveyance or lease of ten
years or longer of city-owned property, notice of the Planning Board hearing on the matter shall be given by
publication in a newspaper of general circulation at least ten days prior to the hearing.
d. In matters in which the Planning Board must approve or recommend an action to the city commiss ion, and
notice for a hearing at which such action is to be taken is not otherwise set forth in these land development
regulations, notice of the Planning Board hearing on the matter shall be given by publication in a newspaper of
general circulation at least ten days prior to the hearing
2.1.3 DESIGN REVIEW BOARD
2.1.3.1 Powers and duties
The Design Review Board shall have the following powers and duties:
a. To promote excellence in urban design.
b. To review all applications requiring design review approval for all properties not located within a designated
historic district or not designated as a historic site. For works of art in the art in public places program, the
Design Review Board shall serve as advisor to the City Commission, and may impose binding criteria, as
provided in chapter 82, article VII, "art in public places," division 4, "procedures." This authority shall include
review and approval of design and location within public rights-of-way outside of locally designated historic
districts of all wireless communications facilities as defined in chapter 104, "telecommunications," article I,
"communications rights-of-way" under the standards provided therein.
c. To prepare and recommend adoption of design plans pertaining to neighborhood studies.
d. To promote reduced crime and fear of crime through the use of crime prevention through environmental
design guidelines and strategies, as approved by the City Commission.
e. To hear and decide appeals of the planning director.
f. To authorize, upon application, variances from the terms of these land development regulations, where
authorized by subsection 2.8.1, pursuant to the requirements of these land development regulations, as will
not be contrary to the public interest when, owning to special conditions, a literal enforcement of provisions
of these land development regulations would result in unnecessary and undue hardship.
g. To serve as the city's floodplain management board in reviewing applications for properties within the board's
jurisdiction, and shall have the authority to exercise all powers and perform all duties assigned to such board
pursuant to section 54-31, et seq.; Resolution No. 93-20698; and in accordance with the procedures set forth
therein as such ordinance and resolution may be amended from time to time. For the purposes of determining
jurisdiction, the criteria in subsection 2.8.3 for a variance shall be utilized.
2.1.3.2 Membership and appointment.
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a. The Design Review Board shall be composed of seven regular voting members. Each regular member shall be
appointed with the concurrence of at least four members of the city commission. One person appointed by
the city manager from an eligibility list provided by the disability access committee shall serve in an advisory
capacity with no voting authority. The planning director or designee, and city attorney or designee, shall serve
in an advisory capacity.
b. The Design Review Board shall consist of the following seven regular members:
i. One architect registered in the United States;
ii. An architect registered in the State of Florida or a member of the faculty of a school of architecture, urban
planning or urban design in the state, with practical or academic expertise in the field of design, planning,
historic preservation or the history of architecture; or a professional practicing in the fields of
architectural design or urban planning;
iii. One landscape architect registered in the State of Florida;
iv. One architect registered in the United States, or a professional practicing in the fields of architectural or
urban design, or urban planning; or resident with demonstrated interest or background in design issues;
or an attorney in good standing licensed to practice law within the United States;
v. Two persons who are residents at-large and who currently reside in the city and have resided in the city
for at least three consecutive years at the time of appointment or reappointment. Additionally, strong
preference shall be given to individuals who have previously served on a Miami Beach board or
committee or completed the Miami Beach Leadership Academy course, and to individuals not currently
working in the fields of real estate development, real estate brokerage/sales, real estate law, or
architecture; and
vi. One of the following:
1. A licensed professional engineer, licensed professional architect, or licensed professional landscape
architect with expertise in water resources;
2. A person licensed by the State of Florida in hydrology, water or wastewater treatment;
3. A person with a degree from an accredited college or university in a field of study related to water
resources; or
4. A floodplain manager or a principal community administrator responsible for the daily
implementation of flood loss reduction activities including enforcing a community's flood damage
prevention ordinance, updating flood maps, plans, and policies of the community, and any of the
activities related to administration of the National Flood Insurance Program (NFIP) (a "water
management expert").
c. Eligibility. An eligibility list for these professional membership categories may include, but shall not be limited
to, suggestions from the following professional and civic associations as listed below:
i. American Institute of Architects, local chapter.
ii. American Society of Landscape Architects, local chapter.
iii. The Miami Design Alliance.
iv. American Planning Association, local chapter.
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v. The Miami Design Preservation League and Dade Heritage Trust.
vi. Other city civic, neighborhood and property owner associations.
d. Residency and place of business. All regular members shall reside in or have their primary place of business in
the county, except for the water management expert appointed pursuant to subsection (b)(iv), who need not
reside in or have a principal place of business in the county , and except as otherwise provided in subsection
(b)(v). The two resident at-large members and one of the registered landscape architects, registered
architects, or professionals practicing in the fields of architectural or urban design or urban planning shall be
residents of the city.
2.1.3.3 Procedures
In addition to all procedures otherwise authorized or required by these land development regulations, the
following shall apply to the Design Review Board.
a. Prior to a decision of the board, the ex officio members shall submit a recommendation for each item on the
agenda. In addition, the city attorney shall determine whether a request is properly before the board
2.1.4 HISTORIC PRESERVATION BOARD
2.1.4.1 Created; authority.
There is hereby created a city Historic Preservation Board for the purposes of carrying out the provisions of this
division. The board shall have the authority to recommend the designation of areas, places, buildings, including the
public portions of interiors of buildings, structures, landscape features, archeological sites and other
improvements or physical features, as individual buildings, structures, improvements, landscape features, sites,
districts, or archeological zones that are significant to the city's history, architecture, archeology, or culture or
possess an integrity of location, design, setting, material or workmanship, in accordance with the goals of this
division to grant certificates of appropriateness and to determine whether any building, structure, improvement,
landscape feature, public interior or site individually designated in accordance with section 2.13.9, or located
within an historic district may be altered or demolished. For purposes of Sec. 10.6 of the City Charter “Public vote
required prior to enacting reduced powers and duties for Historic Preservation Board, or less stringent historic
preservation standards or regulations,” nothing in these land development regulations shall be interpreted or
applied to authorize less stringent historic preservation standards or regulations than those existing as of
November 6, 2012, unless authorized by referendum pu rsuant to Sec. 10.6.
2.1.4.2 Powers and duties.
The Historic Preservation Board shall have the following powers and duties:
a. Recommend to the Planning Board and City Commission, the designation of historic buildings, structures,
improvements, landscape features, public interiors, and historic sites or districts.
b. Prepare and recommend for adoption specific guidelines for each designated site or district to be used to
evaluate the appropriateness and compatibility of proposed alteration or development within designated
historic sites or historic districts.
c. Issue or deny certificates of appropriateness, certificates to dig and certificates of appropriateness for
demolition in accordance with procedures specified in this division, excluding certificates of appropriateness
for demolition for city-owned buildings and other improvements as hereinafter specified on city-owned
property and public rights-of-way, and property owned by the Miami Beach Redevelopment Agency, for which
properties the historic preservation board shall serve as advisor to the city commission. This authority shall
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include review and approval of design and location within public rights -of-way inside of locally designated
historic districts of all wireless communications facilities as defined in chapter 104 of General Ordinances,
"Telecommunications," article I, "Communications rights-of-way" under the standards provided therein, at
subsection 118-104-6(t).
d. Recommend restoration of property to its prior condition as required by section 2.13.4 when the property has
been altered in violation of this division.
e. To authorize, upon application, such variance from the terms of these land development regulations, where
authorized by section 2.8.1, pursuant to the requirements in chapter 2 of these land development regulations,
as will not be contrary to the public interest when, owning to special conditions, a literal enforcement of a
provision of these land development regulations would result in an unnecessary and undue hardship.
f. Facilitate the redevelopment of historic sites and districts by directing the planning department, and other city
departments, to provide advisory and technical assistance to property owners, applicants for certificates of
appropriateness.
g. Make and prescribe by-laws and application procedures that are reasonably necessary and appropriate for the
proper administration and enforcement of the provisions of this division. The board shall prescribe forms for
use by applicants when requesting action under this division. The board may authorize any one of its members
to administer oaths and to certify official documents.
h. Award historic markers or plaques upon the recommendation of the city manager and with the consent of the
City Commission.
i. Update and revise the historic properties database.
j. Advocate that the city administration explores and advises the historic preservation board and the building
official as to alternatives available for stabilizing and preserving inadequately maintained or unsafe buildings
or structures within the city's designated historic districts or on designated historic sites.
k. Review all new construction, alterations, modifications and improvements to any building, structure,
improvement, landscape feature, public interior or site individually designa ted in accordance with section
2.13.9, or located within an historic district.
l. To review and recommend to the city commission any and all amendments to these land development
regulations affecting historic preservation issues; specifically, section 2.1.4 entitled "historic preservation
board," and article XIII entitled "historic preservation". The review and recommendation process by the
historic preservation shall follow the procedures in section 2.4.1(e).
m. Serve as the city's floodplain management board for applications concerning properties within its jurisdiction,
and shall have the authority to exercise all powers and perform all duties assigned to such board pursuant to
section 54-31, et seq., Resolution No. 93-20698, and in accordance with the procedures set forth therein as
such ordinance and resolution may be amended from time to time. For the purposes of determining
jurisdiction, the criteria in section 2.8.1, for a variance shall be utilized.
2.1.4.3 Membership and appointment.
a. The Historic Preservation Board shall be composed of the following seven members, appointed with the
concurrence of at least four members of the City Commission :
i. A representative from the Miami Design Preservation League (MDPL), selected from three names
nominated by such organization.
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ii. A representative from Dade Heritage Trust (DHT), selected from three names nominated by such
organization.
iii. Two at-large members, who have resided in one of the city's historic districts for at least one year, and
who have demonstrated interest and knowledge in architectural or urban design and the preservation of
historic buildings.
iv. An architect registered in the State of Florida with practical experience in the rehabilitation of historic
structures.
v. One of the following:
1. A licensed professional engineer, licensed professional architect, or licensed professional landscape
architect with expertise in water resources;
2. A person licensed by the State of Florida in hydrology, water or wastewater treatment;
3. A person with a degree from an accredited college or university in a field of study related to water
resources; or
4. A floodplain manager or a principal community administrator responsible for the daily
implementation of flood loss reduction activities including enforcing a community's flood damage
prevention ordinance, updating flood maps, plans, and policies of the community, and any of the
activities related to administration of the National Flood Insurance Program (NFIP) (a "water
management expert"), each of the foregoing with professional experience and demonstrated interest
in historic preservation.
vi. A member of the faculty of a school of architecture in the State of Florida, with academic expertise in the
field of design and historic preservation or the history of architecture, with a preference for an individual
with practical experience in architecture and the preservation of historic structures.
b. All members of the board except the architect, university faculty member, and water management expert
shall be residents of the city; provided, however, that the City Commission may waive the residency
requirement (if applicable) by a 5/7ths vote, in the event a person not meeting the residency requirements is
available to serve on the board and is exceptionally qualified by training or experience in historic preservation
matters. All appointments shall be made on the basis of civic pride, integrity, experience and interest in the
field of historic preservation.
c. Eligibility
An eligibility list solicited from, but not limited to, the organizations listed below may be considered by the
City Commission in selecting board members:
i. American Institute of Architects, local chapter.
ii. Miami Design Preservation League.
iii. Miami Beach Chamber of Commerce.
iv. Miami Beach Development Corporation.
v. Dade Heritage Trust.
vi. Florida Engineer Society, local chapter.
vii. Any other organization deemed appropriate by the city commission.
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2.1.4.4 Procedures
In addition to all procedures otherwise authorized or required by these land development regulations, the
following shall apply to the Historic Preservation Board:
a. The planning department shall provide the necessary staff to assist the board in the performance of its duties.
b. The planning director or designee shall attend all meetings of the boa rd and serve as a liaison between the
board, the city administration, organizations interested in historic preservation and the general public.
2.1.5 BOARD OF ADJUSTMENT
2.1.5.1 Powers and Duties
The board of adjustment shall have the following powers and duties:
a. To hear and decide appeals pursuant to the procedural requirements of article IX.
b. To authorize, upon application, such variance from the terms of these land development regulations where
authorized by section 2.8.1, pursuant to the requirements of chapter 2 of these land development regulations,
as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of a
provision of these land development regulations would result in unnecessary and undue hardship.
c. To serve as the city's floodplain management board in reviewing applications for properties within its
jurisdiction and shall have the authority to exercise all powers and perform all duties assigned to such board
pursuant to section 54-31 et seq. and Resolution No. 93-20698, and in accordance with the procedures set
forth therein as such ordinance and resolution may be amended from time to time. For the purposes of
determining jurisdiction, the criteria in section 2.8.1 shall be utilized.
2.1.5.2 Membership
a. The Board of Adjustment shall be composed of seven voting members. One member shall be an architect
registered in the State of Florida, two members shall be appointed as citizens at-large and four members shall
be appointed from each of the following categories (no more than one per category), namely: Law,
engineering, real estate development, certified public accounting, financial consultation and general business.
The members representing the professions of law, architecture, engineering and public accounting shall be
duly licensed by the State of Florida; the member representing general business shall be of responsible
standing in the community; the member representing the field of financial consultation shall be a certified
public accountant, chartered financial analyst, certified financial planner, a chartered financial consultant or
investment advisor registered with the Securities and Exchange Commission, or someone recognized as having
similar credentials and duly licensed by the State of Florida. Members shall be appointed by a five-sevenths
vote of the City Commission. Members of the board must be either residents of or have their principal place of
business in the city.
ARTICLE II – GENERAL DEVELOPMENT APPLICATION AND HEARING
PROCEDURES
2.2.1 PURPOSE
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This article sets forth the general procedures that apply to the review of applications for development approval
under these land development regulations. Additional or modified procedures may apply as described for
particular development applications in these land development regulations.
2.2.2 PREAPPLICATION CONFERENCE
a. The purposes of a pre-application conference are to provide an opportunity for the applicant to determine the
submittal requirements and the procedures and standards applicable to an anticipated applicatio n for a
development approval or permit; and to allow the planning director and staff to become familiar with, and
offer the applicant preliminary courtesy comments about the scope, features, and impacts of the proposed
development, as it relates to these land development regulations.
b. A pre-application conference is required between the planning director and a potential applicant for
applications to include, but not limited to, a comprehensive plan future land use plan amendment, rezoning,
land development regulation text amendment, or conditional use application, before an application is filed.
The director is authorized in his sole discretion to require a pre-application for other applications and to
determine which other city staff shall attend the pre-application conference. The director, in his sole
discretion, may waive the requirement for a pre -application conference.
i. The applicant shall request the pre-application conference in writing, and the conference shall be held at
a time agreed by the applicant and director.
ii. At least 7 business days before a pre-application conference is held, the potential applicant shall submit to
the planning director a narrative describing the general nature and scope of the development proposed, a
conceptual plan of the proposed development (if appropriate), evidence of authorization to file an
application, and any other information requested by the director.
iii. At the conference, the city staff may seek any needed clarification from the applicant regarding the
proposed application, and identify any concerns, problems, or other factors the applicant should consider
regarding the proposed application.
iv. Matters discussed at the pre-application conference are a courtesy, for clarification purposes and sharing
information, and shall not bind the city staff to any recommendation.
2.2.3 DEVELOPMENT APPLICATION SUBMISSION AND REVIEW
2.2.3.1 Authority to submit
Except where a comprehensive plan amendment, zoning text amendment or zoning map amendment is initiated
by the city, all development applications shall be submitted by the owner(s) of the land upon which the
development is proposed, or the owner(s) authorized agent. The owner(s) shall submit with its application an
owner affidavit on a form provided by the city, and an authorized agent shall submit a power of attorney affidavit
on a form provided by the city. If the property that is the subject of the application is owned or leased by a
corporation, partnership or limited liability company, the applicant shall list all owners holding a 5% or greater
interest and the percentage of ownership held by each. An applicant for property owned or leased by a trust shall
disclose the trustees and beneficiaries of the trust, and the percentage of interest held by each. The intent of this
section is to require the identity or entities having the ultimate ownership interest in the property that is subject to
the application.
2.2.3.2 Required Application Content and Forms
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A development application shall be submitted on the forms provided by the city planning department . For all
applications, the following information shall be required , in addition to any other information required by these
land development regulations or the planning director.
a. Legal description and a certified land survey of the proposed site boundaries. The survey shall be performed in
accordance with Florida Administrative Code, and dated within one year proceeding the filing date of the
application, providing such survey reflects all current conditions of the subject property.
b. Proof of authority to submit the application.
c. Any information required for notice of a hearing before a land use board or the city commission, as applicable.
d. Proof of any pending code enforcement action or municipal liens on the property.
e. Payment of required fees and charges.
2.2.3.3 Site Plans
Where these land development regulations require the submittal of site plans, such site plans shall contain all of
the information required by applicable laws and ordinances governing the approval of subdivisions and, in
addition, shall show the following:
a. The proposed title of the project and the name of the engineer, architect, or landscape architect, and the
developer.
b. The northpoint, scale, and date.
c. Existing zoning and zoning district boundaries.
d. The boundaries of the property involved, all existing easements, section lines, and property lines, existing
streets, buildings waterways, watercourses, or lakes, and other existing physical features in or adjoining the
project.
e. The location and sizes of sanitary and storm sewers, water mains, culverts, and other underground structures
in or near the project.
f. Proposed changes in zoning, if any.
g. The location, dimensions, and character of construction of proposed streets, alleys, driveways, curb cuts,
entrances and exits, loading areas (including numbers of parking and loading spaces), outdoor lighting
systems, storm drainage and sanitary facilities.
h. The location and dimensions of proposed lots, setback lines, and easements, and proposed reservations for
parks, playgrounds, open spaces, and other common areas.
i. Location with respect to each other and to lot lines of all proposed buildings and structures, or major
excavations, accessory and main.
j. Preliminary plans and elevations of the building or buildings, as may be necessary.
k. Location, height, and material of all fences, walls, screen planting, and landscaping.
l. Location, character, size, and height and orientation of proposed signs, if any.
m. A tabulation of the total number of apartment units of various types in the project and the overall project
density in square feet of lot area per apartment unit, gross or net as required by district regulations.
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The planning director may establish additional requirements for site plans, and in special cases, may waive a
particular requirement if, in his opinion, the requirement is not essential to a proper decision on the project.
2.2.3.4 Unified Development Site
a. Where development is proposed on a site that consists of a unified development site, the application shall be
accompanied by either a unity of title or covenant in lieu of unity of title, as applicable. A "unified
development site" is a site where a development is proposed and consists of multiple lots, all lots touching
and not separated by a lot under different ownership, or a public right -of-way. A unified development site
does not include any lots separated by a public right -of-way or any non-adjacent, non-contiguous parcels.
Additionally, the following shall apply to any unified development site:
i. All lots need not be in the same zoning district; however: the allowable floor area ratio (FAR) shall be
limited to the maximum FAR for each zoning district, inclusive of bonus FAR.
ii. Lots not located in the same zoning districts may be joined together to create a unified development site,
and be permitted to aggregate the allowable floor area ratio, provided the entire unified development
site, including each separate zoning district, has the same maximum FAR, inclusive of bonus FAR. The
instrument creating the unified development site shall clearly delineate both the maximum FAR, inclusive
of bonus FAR, and total square footage permitted.
iii. In the event a future change in zoning district classification modifies the maximum floor area ratio (FAR),
inclusive of bonus FAR, for a district within a unified development site, the maximum floor area square
footage recorded for the unified development site shall not be exceeded.
iv. The maximum FAR for a unified development site shall not exceed the aggregate maximum FAR of the
multiple lots allowed by the underlying zoning districts, inclusive of bonus FAR. Within a locally designated
historic district or locally designated historic site within the Ocean Terrace Overlay District, any platted
lot(s) with a contributing building(s) that contain legal-nonconforming FAR and were previously separate
and apart from other lots that comprise the unified development site, may retain their existing legal
nonconforming FAR, provided no additional FAR is added to such platted lot(s).
v. Within a unified development site within the Ocean Terrace Overlay District, passageways or other
connections that are in allowable FAR exception may be permitted on lots with legal nonconforming FAR.
b. Unity of Title.
A unity of title shall be utilized when there is solely one owner of the entire unified development site. The
unity of title, approved for legal form and sufficiency by the city attorney, shall run with the land and be
binding upon the owner's heirs, successors, personal representatives and assigns, and upon all mortgagees or
lessees and others presently or in the future having any interest in the property.
c. Covenant in lieu of unity of title or a declaration of restrictive covenants.
A covenant in lieu of unity of title or a declaration of restrictive covenants, shall be utilized when the unified
development site is owned, or is proposed for multiple ownership, including, but not limited to, a
condominium form of ownership. The covenant in lieu of unity of title shall be approved for legal form and
sufficiency by the city attorney. The covenant in lieu of unity of title shall run with the land and be binding
upon the owner's heirs, successors, personal representatives and assigns, and upon all mortgagees and lessees
and others presently or in the future having any interest in the property. The covenant shall contain the
following necessary elements:
i. The unified development site shall be developed in substantial accordance with the approved site plan.
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ii. No modification to the site plan shall be effectuated without the written consent of the then owner(s) of
the unified development site for which modification is sought.
iii. Standards for reviewing a modification to the site plan. A modification may be requested, provided all
owners within the original unified development site, or their successors, whose consent shall not be
unreasonably withheld, execute the application for modification. The director of t he city's planning
department shall review the application and determine whether the request is for a minor or substantial
modification. If the request is a minor modification, the modification may be approved administratively by
the planning director. If the modification is substantial, the request will be reviewed by the applicable
board, after public hearing. This application shall be in addition to all other required approvals necessary
for the modification sought.
1. A minor modification would not generate excessive noise or traffic; tend to create a fire or other
equally or greater dangerous hazard; provoke excessive overcrowding of people; tend to provoke a
nuisance; nor be incompatible with the area concerned when considering the necessity and
reasonableness of the modification in relation to the present and future development of the area
concerned.
2. A substantial modification would create the conditions identified above. A substantial modification
may also include a request to modify the uses on the unified development site; the operation,
physical condition or site plan. Substantial modifications shall be required to return to the
appropriate development review board or boards for consideration of the effect on prior approvals
and the affirmation, modification or release of previously issued approvals or imposed conditions.
iv. That if the unified development site is to be developed in phases, that each phase will be developed in
substantial accordance with the approved site plan.
v. In the event of multiple ownerships subsequent to site plan approval that each of the subsequent owners
shall be bound by the terms, provisions and conditions of the covenant in lieu of unity of title. The owner
shall further agree that he or she will not convey portions of the subject property to such other parties
unless and until the owner and such other party or parties shall have executed and mutually delivered, in
recordable form, an instrument to be known as an "easement and operating agreement" which shall
include, but not be limited to:
1. Easements for the common area(s) of each parcel for ingress to and egress from the other parcels;
2. Easements in the common area(s) of each parcel for the passage and parking of vehicles;
3. Easements in the common area(s) of each parcel for the passage and accommodation of pedestrians;
4. Easements for access roads across the common area(s) of the unified development site to public and
private roadways;
5. Easements for the installation, use, operation, maintenance, repair, replacement, relocation and
removal of utility facilities in appropriate areas in the unified development site;
6. Easements on each parcel within the unified development site for construction of buildings and
improvements in favor of each such other parcel;
7. Easements upon each such parcel within the unified development site in favor of each adjoining
parcel for the installation, use, maintenance, repair, replacement and removal of common
construction improvements such as footings, supports and foundations;
8. Easements on each parcel within the unified development site for attachment of buildings;
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9. Easements on each parcel within the unified development site for building overhangs and other
overhangs and projections encroaching upon such parcel from the adjoining parcels such as, by way
of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like;
10. Appropriate reservation of rights to grant easements to utility companies;
11. Appropriate reservation of rights to road rights-of-way and curb cuts;
12. Easements in favor of each such parcel within the unified development site for pedestrian and
vehicular traffic over dedicated private ring roads and access roads; and
13. Appropriate agreements between the owners of the unified development site as to the obligation to
maintain and repair all private roadways, parking facilities, common areas and common facilities and
the like.
14. Such easement and operating agreement shall contain such other provisions with respect to the
operation, maintenance and development of the property as to which the parties thereto may agree,
or the director may require, all to the end that although the property may have several owners, it will
be constructed, conveyed, maintained and operated in accordance with the approved site plan. The
planning department shall treat the unified site as one site under these land development
regulations, regardless of separate ownerships.
vi. The provisions or portions thereof in paragraph (v) may be waived by the planning director if they are not
applicable to the subject property (such as for conveyances to purchasers of individual condominium
units). These provisions of the easement and operating agreement shall not be amended without prior
written approval of the city attorney.
vii. The declaration of restrictive covenants shall be in effect for a period of 30 years from the date the
documents are recorded in the public records of Miami-Dade County, Florida, after which time they shall
be extended automatically for successive periods of ten years unless released in writing by the then
owners and the planning director, acting for and on behalf of the City of Miami Beach, Florida, upon the
demonstration and affirmative finding that the same is no longer necessary to preserve and protect the
property for the purposes herein intended.
viii. Enforcement of the declaration of restrictive covenants shall be by action at law or in equity with costs
and reasonable attorneys' fees to the prevailing party.
2.2.3.5 Fees for the administration of land development regulations
a. Application fees, generally. Any applicant other than the city commission, a city board or other city official
applicant requesting review and approval of any land development application shall pay, upon submission, the
applicable fees set forth herein. The fees set forth herein, and as outlined in appendix A, are for the purpose of
defraying expenses for public notices, and administrative costs associated with processing and analyzing each
request or application. These fees shall be evaluated and adjusted annually based on the consume r price index
for all urban consumers (CPI-U). No application shall be considered complete until all requested information
has been submitted and all applicable fees are paid. The costs associated with notices are the responsibility of
the applicant. There shall be no refund or adjustment of fees. Any unpaid fees, including fees assessed for
failure to appear before a board, shall become a lien against the property.
b. Waiver of specified fees. The public hearing application fee relating to any of the following alternative,
sustainable systems shall be waived: a renewable energy system, sustainable roofing system, solar carport,
porous pavement, or cool pavement on an existing building or parking facility. If an application for any of the
aforestated alternative, sustainable systems includes other requests pursuant to these land development
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regulations, the standard public hearing application fee shall apply to those particular portions of the
application. Additionally, the filing fee associated with a variances application relating to the installation of a
renewable energy system, sustainable roofing system, solar carport, porous pavement, or cool pavement shall
also be waived.
c. Amendment to the land use regulations, zoning map, comprehensive plan, future land use map. Any applicant
requesting a public hearing on any application for an amendment pursuant to article IV and subsection 2.5.1
shall pay, upon submission, all applicable fees in subsections (i) through (iv) below:
i. Application for public hearing (text or map amendment).
ii. Amendment pursuant to article IV shall pay a fee for each:
1. Amendment to permitted, conditional, or prohibited uses in a zoning category, or
2. Amendment to permitted, conditional, or prohibited uses in the comprehensive plan.
3. Amendment to the future land use map of the comprehensive plan (per square foot of lot area)
iii. Amendment pursuant to subsection 2.5.1 shall pay a fee per square foot of lot area for amendment of
zoning map designation.
iv. Amendment pursuant to article IV shall pay a fee for each:
1. Amendment to the land development regulations (per section), or
2. Amendment to the comprehensive plan (per goal, policy or objective).
d. Conditional use permits. Any applicant requesting a public hearing on any application for conditional use
permits, pursuant to section 2.5.2 shall pay upon submission all applicable fees in subsection (i) through (x)
below:
i. Application for public hearing (conditional use permit).
ii. Per bed fee for an adult congregate living facility.
iii. Application for amendment of an approved board order.
iv. Application for clarification of an approved board order.
v. Application for extensions of time of an approved board order.
vi. Withdrawals and continuances. If an applicant withdraws or requests a continuance of an application
prior to the date of the public hearing a fee to defray the costs of scheduling the new public hearing shall
be assessed. Payment of a mail notice fee to notify the property owners of the cancellation of the original
public hearing and establishment of the revised hearing date may be required.
vii. Deferral of public hearing. If the applicant requests a deferral of a public hearing, a fee equal to the total
application fee shall be assessed. Payment of a mail notice fee to notify the property owners of the
deferral of the original public hearing and establishment of the revised hearing date shall be required. If
deferment or clarification of conditions is requested by the administration or the board. There will be no
additional fee.
viii. Application for after-the-fact approval shall incur triple fees, excluding advertisement, mail, and posting
fees as applicable.
ix. Status report.
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x. Progress report.
e. Design review. Any applicant requesting a public hearing on any application for design review board approval,
pursuant to sections 2.5.3, shall pay, upon submission, the applicable fees below:
i. Application for a preliminary evaluation of a project before the design review board.
ii. Application for public hearing (board approval).
iii. Application for design review approval fee per square foot of floor area.
iv. Application for amendment of an approved board order.
v. Withdrawals and continuances. If an applicant withdraws or requests a continuance of an applica tion
prior to the date of the public hearing a fee to defray the costs of scheduling the new public hearing shall
be assessed. Payment of a mail notice fee to notify the property owners of the cancellation of the original
public hearing and establishment of the revised hearing date may be required.
vi. Deferral of public hearing. If the applicant requests a deferral of a public hearing, a fee equal to the total
application fee shall be assessed. Payment of a mail notice fee to notify the property owners of the
deferral of the original public hearing and establishment of the revised hearing date shall be required. If
deferment or clarification of conditions is requested by the administration or the board, there will be no
additional fee.
vii. Application for clarification of an approved board order.
viii. Application for extensions of time of an approved board order.
ix. Application for after-the-fact approval shall incur triple fees, excluding advertisement, mail, and posting
fees as applicable.
x. Status report.
xi. Progress report.
xii. Notwithstanding the foregoing, the application fee for a public hearing and application fee for design
review approval per square foot of floor area shall be waived for non-elderly and elderly low and
moderate income housing developments.
f. Land/lot split. Any applicant requesting a public hearing on any application for a lot split pursuant to section
2.5.4 shall pay, upon submission, all applicable fees in subsection (i) through (ix) below:
i. Application for public hearing.
ii. Application for amendment of an approved board order.
iii. Withdrawals and continuances. If an applicant withdraws or requests a continuance of an application
prior to the date of the public hearing a fee to defray the costs of scheduling the new public hearing shall
be assessed. Payment of a mail notice fee to notify the property owners of the cancellation of the original
public hearing and establishment of the revised hearing date may be required.
iv. Deferral of public hearing. If the applicant requests a deferral of a public hearing, a fee equal to the total
application fee shall be assessed. Payment of a mail notice fee to notify the property owners of the
deferral of the original public hearing and establishment of the revised hearing date shall be required. If
deferment or clarification of conditions is requested by the administration or the board, there will be no
additional fee.
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v. Application for clarification of an approved board order.
vi. Application for extensions of time of an approved board order.
vii. Application for after-the-fact approval shall incur triple fees, excluding advertisement, mail, and posting
fees as applicable.
viii. Status report.
ix. Progress report.
g. Variances. Any applicant requesting a public hearing on any application pursuant to section 2.8.4 shall pay,
upon submission, the applicable fees below:
i. Application for public hearing.
ii. Fee per variance requested.
iii. Application for amendment of an approved board order.
iv. Withdrawals and continuances. If an applicant withdraws or requests a continuance of an application
prior to the date of the public hearing a fee to defray the costs of scheduling the new public hearing shall
be assessed. Payment of a mail notice fee to notify the property owners of the cancellation of the original
public hearing and establishment of the revised hearing date may be required.
v. Deferral of public hearing. If the applicant requests a deferral of a public hearing, a fee equal to the total
application fee shall be assessed. Payment of a mail notice fee to notify the property owners of the
deferral of the original public hearing and establishment of the revised hearing date shall be required. If
deferment or clarification of conditions is requested by the administration or the board, there will be no
additional fee.
vi. Application for clarification of an approved board order.
vii. Application for extensions of time of an approved board order.
viii. Application for after-the-fact approval shall incur triple fees, excluding advertisement, mail, and posting
fees as applicable.
ix. Status report.
x. Progress report.
xi. Applicant/homeowners requesting a variance shall pay one-half of the total fee with proof of homestead
or primary occupancy of the subject property from the Miami-Dade County Property Appraiser's Office.
Applicant/owner shall pay 100 percent of the required notice fee.
xii. Notwithstanding the foregoing, the application fee for a public hearing and fee per variance requested
shall be waived for non-elderly and elderly low and moderate income housing developments.
h. Certificate of appropriateness. Any applicant requesting a public hearing on any application pursuant to article
XIII, shall pay, upon submission, the applicable fees below:
i. Application for a preliminary evaluation of a project before the board.
ii. Application for public hearing.
iii. Application for certificate of appropriateness fee per square foot of floor area.
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iv. Application for amendment of an approved board order.
v. Withdrawals and continuances. If an applicant withdraws or requests a continuance of an application
prior to the date of the public hearing a fee to defray the costs of scheduling the new public hearing shall
be assessed. Payment of a mail notice fee to notify the property owners of the cancellation of the original
public hearing and establishment of the revised hearing date may be required.
vi. Deferral of public hearing. If the applicant requests a deferral of a public hearing, a fee equal to the total
application fee shall be assessed. Payment of a mail notice fee to notify the property owners of the
deferral of the original public hearing and establishment of the revised hearing date shall be required. If
deferment or clarification of conditions is requested by the administration or the b oard, there will be no
additional fee.
vii. Application for clarification of an approved board order.
viii. Application for extensions of time of an approved board order.
ix. Application for after-the-fact approval shall incur triple fees, excluding advertisement, mail, and posting
fees as applicable.
x. Structural engineering reports or reviews as required.
xi. Status reports.
xii. Progress reports.
xiii. Notwithstanding the foregoing, the application fee for a public hearing and application fee for a certificate
of appropriateness per square foot of floor area shall be waived for non-elderly and elderly low and
moderate income housing developments.
i. Historic designation. Any applicant requesting a public hearing on any application pursuant to section 2.13.9,
shall pay, upon submission, the applicable fees in subsection (i) through (ix) below:
i. Application for public hearing.
ii. Applications for district designation per platted lot fee.
iii. Application for amendment of an approved board order.
iv. Withdrawals and continuances. If an applicant withdraws or requests a continuance of an application
prior to the date of the public hearing a fee to defray the costs of scheduling the new public hearing shall
be assessed. Payment of a mail notice fee to notify the property owners of the cancellation of the original
public hearing and establishment of the revised hearing date may be required.
v. Deferral of public hearing. If the applicant requests a deferral of a public hearing, a fee equal to the total
application fee shall be assessed. Payment of a mail notice fee to notify the property owners of the
deferral of the original public hearing and establishment of the revised hearing date shall be required. If
deferment or clarification of conditions is requested by the administration or the board, there will be no
additional fee.
vi. Application for clarification of an approved board order.
vii. Structural engineering reports or reviews as required.
viii. Status reports.
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ix. Progress reports.
An application for the individual designation of a single-family home shall not require a fee.
j. Determination of architectural significance. Any applicant requesting a determination of architectural
significance, by the planning director, pursuant to section 7.2.7.4.a, shall pay, upon submission, all applicable
fees.
k. Staff review and miscellaneous fees. In the course of the administration of the land development regulations
the department shall impose a fee for services and items outlined below:
i. Board order recording.
ii. Zoning verification letters.
iii. Zoning interpretation letters.
iv. Courier.
v. Research.
vi. Excessive review.
vii. Review of covenants and easements.
viii. Failure to appear before a board for status or progress report.
ix. Permits for work not identified in appendix A. If it is determined that no specific fee category directly
matches a permit application request, the planning director may identify a category that closely matches
the level of effort or determine what the work will be charged based on the time dedicated for plans
review and inspection. The department director may require an upfront fee and a deposit to cover the
estimated cost of the services to be provided.
x. Modification or release of covenant or easement.
xi. Recording fee per page.
xii. Paint permit (non-online applications).
xiii. Signs (not requiring a building permit).
xiv. Submittal conversion to electronic format.
l. Fee in lieu of providing required parking.
i. One-time fee in lieu of providing required parking.
ii. Yearly payment fee in lieu of providing required parking.
2.2.3.6 Use of, and cost recovery for, consultants for applications for
development approval
a. The purpose of this section is to provide for the creation and maintenance of an approved list of qualified
consultants to provide impartial expertise for preparation or review of studies and reports required for
assessment of impacts of applications for development approval.
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b. The city's procurement division shall maintain a list of approved consultants of various specialt ies available to
prepare or review studies and reports required for applications for development approval.
c. This section shall apply to any application for approval by a city land use board.
d. Prior to the submittal of an application for development approval, the applicant shall meet with city staff to
determine the types of studies or reports required for the proposed project, as well as the methodology to be
followed as part of the production of the study.
i. When as part of an application for development approval, an applicant is required to submit a traffic or
any other technical study or report, the applicant shall prepare the required study/report using its own
consultant.
ii. The city shall review the study/report, and shall retain a consultant from the city 's approved list having
the necessary expertise to perform such review. The applicant shall be responsible for all costs associated
with the city's consultant review, and shall pay for the costs associated with the city's consultant review
prior to proceeding to the hearing on the application by the applicable land use board.
e. In no event shall the city be held liable, whether to applicants or third parties, for any work or services
rendered by any consultant on the city's approved list, or otherwise in connection with a consultant's
preparation or review of any study or report contemplated herein.
f. Expert reports and appearances.
i. All required consultant or expert studies or reports, including those requested by a land use board, shall
be provided to the city in written form, supplemented with digital format when available.
ii. Any required reports or studies shall be submitted to the planning department a minimum of 60 days
prior to the board or commission hearing. Rebuttal reports submitted by opponent's consultants shall be
submitted to the city no less than 30 working days before the public hearing. Failure to meet these
deadlines shall result in the subject report or study being deemed inadmissible for that public hearing,
subject to a waiver of this inadmissibility by a five-sevenths vote of the applicable board. No new expert
testimony may be considered by the board or commission after the deadlines for submittal.
iii. Consultants or experts submitting required or rebuttal reports or studies for consideration at public
hearings must appear at the public hearing in order to allow for questions from the board or cross -
examination. This provision may be waived by a five-sevenths vote of the applicable board, authorizing
the report
2.2.3.7 Completeness Determination
a. Upon receipt of an application, the Planning Director shall determine if the application is complete for review.
The applicant must ensure that an application is accurate and complete. Any additional expenses necessitated
because of inaccurate or incomplete in formation will be borne by the applicant. A complete application is one
that:
i. Contains all content required for the particular type of application in accordance with these land
development regulations.
ii. Is in the form required for the particular type of application, as determined by the Planning Director.
iii. Includes information in sufficient detail to allow an evaluation of the application to determine whether it
complies with the applicable review standards of these land development regulations.
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iv. Is accompanied by the fee established for the particular type of application in accordance with Sec. 2.2.3.5
and Sec. 2.2.3.6.
b. Application Incomplete. If the Planning Director determines that the application is incomplete, the Director
shall send written notice to the applicant of the application’s deficiencies electronically or by mail within 30
days of receipt of the application, and review of the application shall no t proceed. The applicant within 30
days may correct the deficiencies and resubmit the application for completeness determination. If the
applicant fails to correct the deficiencies within 30 days, the application will be deemed to be withdrawn,
unless prior to the 30 days the applicant requests an extension and the Planning Director subsequently agrees
to an extension.
c. Application Complete. If the application is determined to be complete, it shall be reviewed in accordance with
the applicable procedures and standards in these land development regulations. Any established time frame
for review of the application shall start on the date the application is determined to be complete. The
applicant and the Planning Director may agree to an extension of time if requested prior to the expiration of
any time frame.
d. Simultaneous Processing of Applications. Whenever two or more forms of review and approval are required
under these land development regulations, the applications for those development approvals or permits may,
at the discretion of the Planning Director, be processed simultaneously, so long as all applicable City
requirements are satisfied. Simultaneous processing of applications may result in additional fees to the
applicant.
2.2.3.8 Review and Hearing
a. Upon the Planning Director’s determination of completeness, the Director shall distribute the application to all
appropriate City staff and departments, and other review agencies for review and comment. The Planning
Director shall review the application, any relevant support material, and any comments or recommendations
from the appropriate City staff and departments, and other review agencies. If deficiencies in complying with
the applicable standards of these land development regulations are identified, the Pl anning Department
authorized decision-maker shall notify the applicant of such deficiencies and provide the applicant an
opportunity to remedy the deficiencies, pursuant to Section 166.033, Florida Statutes, as may be subsequently
amended.
b. After completion of the staff review, the Planning Director shall transmit the application and staff report with
recommendations to the appropriate land use board for hearing. Within 120 days after the Director has
deemed the application complete, or 180 days for applications that require final action by a land use board, or
the city commission, an application for development approval shall be approved, approved with conditions, or
denied, unless an extension is agreed to by the applicant and appropriate city authority.
c. If an application is subject to a final decision by the Planning Director, following completion of authorized staff
review, the Director shall provide written notice of decision to the applicant. The decision shall be made
within 120 days of the determination that the application is complete, unless the applicant and the Director
agree to extend the timeframe beyond 120 days. An approval, approval with conditions, or denial of the
application must include written findings supporting the decision.
2.2.4 PUBLIC HEARING
2.2.4.1 Public Notification
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Hearings before a land use board on an application for development approval shall be noticed to the public in
accordance with the following provisions, unless otherwise more specifically provided for in these land
development regulations, and the applicant shall pay a fee for such notices pursuant to section 2.2.3.5.
a. Advertisement. At least 30 days prior to the public hearing date, a description of the request, and the date,
start time of the meeting and location of the hearing shall be noticed in a newspaper of general circulation.
b. Mail notice. At least 30 days prior to the public hearing date, a description of the request, and the date, start
time of the meeting, and location of the hearing shall be given by mail to the owners of record of land lying
within 375 feet of the property subject to the application. Applicants shall submit all information and
certifications necessary to meet this requirement, as determined by the planning department. Additionally,
courtesy notice shall also be given to any Florida nonprofit community organization which has requested of
the Planning Director in writing to be notified of board hearings.
c. Posting. At least 30 days prior to the public hearing date, a description of the request, and the da te, time, and
place of such hearing shall be posted on the property. Such posting shall be a minimum dimension of 11
inches by 17 inches, and located in a visible location at the front of the property, and shall not be posted on a
fence or wall that would be obstructed by the operation of a gate.
2.2.4.2 General Hearing Procedures
The planning director shall provide the applicant with advance notice of the applicable land use board hearing date
and time, including a copy of the agenda and the recommendation of th e planning department. At the board
hearing, the applicant and interested persons shall have an opportunity to address the board in accordance with
the board’s adopted rules and procedures. Any development application requiring a quasi -judicial hearing, as
determined by the city attorney, shall also comply at a minimum with the standards of section 2.2.4.3. In addition,
the city attorney shall determine whether a request is properly before the board. Any decision must take the form
of an approval, approval with conditions, or denial, and must include written findings supporting the decision. If
the decision is a denial, the city shall include a citation to the applicable portions of an ordinance, rule, statute, or
other legal authority for the denial of the application. Any decision of denial is with prejudice unless otherwise
specified by the land use board.
2.2.4.3 Quasi-Judicial Hearing Procedures
In cases that the city attorney determines that the hearing shall be conducted as a quasi-judicial hearing, the
following shall apply in addition to provisions in chapter 2, article VIII of the City Code, except that the order of
proceedings of this subsection shall govern the hearings.
a. All persons testifying before the land use board in a quasi-judicial matter must be sworn in with the following
oath by any person duly authorized under the laws of the state to administer oaths:
"I, ___________, do hereby swear, under oath, that any and all testimony to be given by me in this
proceeding is the truth, the whole truth and nothing but the truth, so help me God."
b. The applicant, members of the board and any affected person shall be given the opportunity to question or
cross examine any witnesses. Each person, other than the salaried members of city staff, who addresses board
shall state their name and address on the record.
c. Evidence.
i. All evidence relied upon by reasonably prudent pers ons in the conduct of their business shall be
admissible whether or not such evidence would be admissible in a court of law. However, immaterial or
unduly repetitious evidence shall be excluded.
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ii. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it
shall not be sufficient by itself to support a finding.
iii. Documentary evidence may be presented in the form of a copy or the original, if available. Upon request,
parties shall be given an opportunity to compare the copy with the original.
iv. A party shall be entitled to conduct cross-examination when testimony is provided or documents are
made a part of the record.
v. The office of the city attorney shall represent the board and advise as to the propriety and admissibility o f
evidence presented at the proceeding.
vi. The planning department shall retain all of the evidence and documents presented at the proceedings,
including photographs or similar documentation of all exhibits, all of which become a part of the public
record of the proceeding. Resumes of staff members who testify during a quasi-judicial proceeding will be
automatically be entered into the record of the proceeding.
d. The proceedings shall be conducted in an informal manner. Each party shall have the right to call an d examine
witnesses; introduce exhibits; cross examine opposing witnesses on any relevant matter; and rebut evidence.
e. To the extent possible, the order of the proceedings shall proceed as follows;
i. Call to order
ii. Administration of oath to persons intending to provide testimony
iii. Staff presentation
iv. Applicant presentation
v. Presentation by other interested persons
vi. Rebuttal by applicant
vii. Response by staff
viii. Board deliberation
f. After each witness testifies or documents are made a part of the record, a party shall be permitted to question
the witness. The questioning party is not permitted to make any statements, only to ask questions that are
directly related to the testimony presented.
g. The board members may ask questions of the witnesses, the applicant or the staff as determined by the
chairperson of the board.
2.2.4.4 Withdrawal of Application
An application may be withdrawn by the applicant if such request is in writing and filed with the planning
department prior to the public hearing, or requested during the public hearing, provided, however, that no
application may be withdrawn after final action has been taken. Upon a withdrawal or final denial of an application
for development approval, the same application cannot be filed within six months of the date of the withdrawal or
denial unless, however, the decision of the board taking any such action is made without prejudice to refile.
2.2.4.5 Deferral or Continuance
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a. An applicant may defer an application before the public hearing only one time. The request to defer shall be in
writing. When an application is deferred, it shall be re-noticed at the applicant's expense and the applicant
shall pay a deferral fee as provided in section 2.2.3.5. In the event that the application is not presented to the
land use board for approval at the meeting date for which the application was deferred, the application shall
be deemed null and void. If the application is deferred by the bo ard, the notice requirements shall be the
same as for a new application as provided in section 2.2.4.1, and shall be at the city's expense.
b. The board may continue an application to a date certain at either the request of the applicant or at its own
discretion.
c. In the event the application is continued due to the excessive length of an agenda or in order for the applicant
to address specific concerns expressed by the land use board or staff, the applicant shall present for approval
to the board a revised application inclusive of all required exhibits which attempt to address the concerns of
the board or staff, for the date certain set by the bo ard, which shall be no more than 120 days after the date
on which the board continues the matter.
d. In the event that the applicant fails to present for approval to the board, a revised application as described
above within 120 days of the date the application was continued, the application shall be deemed null and
void.
e. Deferrals or continuances for a specific application shall not exceed one year cumulatively for all such
continuances or deferrals made by the board, or the application shall be deemed null and void.
2.2.4.6 Post Decision-making
a. Within 14 calendar days after a final decision on an application, the Director shall provide the applicant
written notice of the decision and make a copy of the decision available to the public.
b. Approval of an application in accordance with these land development regulations authorizes only the
particular use, plan, or other specific activity approved, and not any other development requiring separate
application and approval. In the event that one development approval is a prerequisite to another
development approval (e.g., variance approval prior to a site plan approval), development may not take place
until all required approvals or permits are obtained. Approval of one development application does not
guarantee approval of any subsequent development application. A development approval automatically
revokes existing development approvals of the same type for the property, unless otherwise indicated in the
development approval.
c. Timeframes to obtain a building permit. The applicant shall have up to 18 months, or such lesser time as may
be specified by the board, from the date of the land use board meeting at which a development application
approval was issued to obtain a full building permit or a phased building permit, a certificate of occupancy, a
certificate of use or a certificate of completion, whichever occurs first. The foregoing 18-month time period, or
such lesser time as may be specified by the board, includes the time period during which an appeal of the
decision of the board may be filed. If the applicant fails to obtain a full building permit or a phased building
permit, a certificate of occupancy, a certificate of use or a certificate of completion, whichever occurs first,
within 18 months, or such lesser time as may be specified by the board, of the board meeting date at which
the development approval was granted or construction does not commence and proceed in accordance with
said permit and the requirements of the applicable Florida Building Code, the development approval shall be
deemed null and void. Extensions for good cause, not to exceed a total of one year for all extensions, may be
granted by the land use board which approved the original development approval, at its sole discretion,
provided the applicant submits a request in writing to the planning director no later than 90 calendar days
after the expiration of the original approval, setting forth good cause for such an extension. At the discretion
of the planning director, an applicant may have up to 30 days (not to extend beyond 30 months from the date
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of original approval) to complete the building permit review process and obtain a full building permit,
provided that within the time provided by the board to obtain a full building permit a valid full bui lding permit
application and plans have been filed with the building department, a building permit process number has
been issued and the planning department has reviewed the plans and provided initial comments.
2.2.4.7 Rehearing
The following requirements shall apply to all rehearings from a city land use boards unless otherwise more
specifically provided for in these land development regulations. Applicable fees and costs shall be paid to the city
as required under section 2.2.3.5 and appendix A to the City Code.
a. The types of land use board decisions eligible for a rehearing are as follows:
i. Historic preservation board order relating to the issuance of a certificate of appropriateness, dig or
demolition.
ii. Design review board final order relating to design revie w approval, only.
iii. Except as delineated above, rehearings are not available for any other application, or for any other land
use board action without a final order. There shall only be allowed one rehearing for each final order
arising from an application, although multiple persons may participate in or request the rehearing.
b. Eligible rehearing applications shall be filed in accordance with the process as outlined in paragraphs (i)
through (iv) below:
i. Timeframe to file. A petition for rehearing shall be submitted to the planning director on or before the
15th day after the rendition of the board order. Rendition shall be the date upon which a signed written
order is executed by the board's clerk.
ii. Eligible parties. Parties eligible to file an application for rehearing are limited to:
1. Original applicant(s);
2. The city manager on behalf of the city administration;
3. An affected person, which for purposes of this section shall mean either a person owning property
within 375 feet of the applicant's project reviewed by the board, or a person that appeared before
the board (directly or represented by counsel), and whose appearance is confirmed in the record of
the board's public hearing(s) for such project;
4. Miami Design Preservation League; and
5. Dade Heritage Trust.
iii. Application requirements. The application to the board shall be in a writing that contains all facts, law and
argument, by or on behalf of an eligible party, and demonstrate the following:
1. Newly discovered evidence which is likely to be relevant to the decision of the board, or
2. The board has overlooked or failed to consider something which renders the decision issued
erroneous.
iv. Notice requirements. All land use board applications eligible to request a rehearing are subject to the
same noticing requirements as an application for a public hearing, in accordance with the notice
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requirements of section 2.2.4.1. The rehearing applicant shall be responsible for all associated costs and
fees.
c. Outside counsel to the planning department. The planning director may engage the services of an attorney, or
utilize a separate, independent, attorney from the city attorney's office, for the purpose of representing the
administrative officer and planning staff during the rehearing.
d. Actions by the applicable land use board. After the rehearing request is heard, the applicable land use board
may take the actions outlined in subsections (i) through (v) below:
i. Rehear or not rehear a case,
ii. If the decision is to rehear the application, the board may take additional testimony,
iii. Reaffirm its previous decision,
iv. Issue a new decision, or
v. Reverse or modify the previous decision.
e. Stay of work. A rehearing application to the applicable land use board stays all work on the premises and all
proceedings in furtherance of the board action; however, nothing herein shall prevent the issuance of building
permits or partial building permits necessary to prevent imminent peril to life, health or property, as
determined by the building official.
f. Tolling. The tolling provision under 2.2.4.8(f) shall apply to rehearings.
2.2.4.8 Appeal and court review of land use board decisions
a. Decisions of the following shall be final, and there shall be no further review thereof except by resort to a
court of competent jurisdiction by petition for writ of certiorari:
i. Planning board.
ii. Board of adjustment.
iii. Design review board, with respect to variance decisions and administrative appeals, only.
iv. Historic preservation board, with respect to variance decisions and administrative appeals, only.
v. Historic preservation special master.
b. Decisions from the following may be appealed as noted:
i. Historic preservation board.
1. Any applicant requesting an appeal of a decision on a certificate of appropriateness from the historic
preservation board shall be made to the historic preservation special master, except that an order
granting or denying a request for rehearing shall not be reviewed by the historic preservation special
master.
2. The historic preservation special master shall meet the following requirements:
a. Historic preservation special master qualifications. Historic preservation special masters
appointed to hear appeals pursuant to this subsection shall be attorneys who are members in
good standing of the Florida Bar and have expertise in the area of historic preservation.
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b. Historic preservation special master terms. Historic preservation special masters shall serve terms
of three years, provided however, that they may be removed without cause upon a majority vote
of the city commission. Compensation for historic preservation special masters sh all be
determined by the city commission.
ii. Design review board. An appeal of a decision of the design review board for design review approval only
shall be made to the city commission, except that an order granting or denying a request for rehearing
shall not be reviewed by the city commission.
c. Eligible appeals of the design review board or historic preservation board shall proceed in accordance with the
process as outlined in subsections (i) through (v) below:
i. Timeframe to file. A petition for an appeal shall be submitted to city clerk on or before the 20th day after
the rendition of the board order. Rendition shall be the date upon which a signed written order is
executed by the board's clerk.
ii. Eligible parties to file an application for an appeal are limited to the following:
1. Original applicant(s);
2. The city manager on behalf of the city administration;
3. An affected person, which for purposes of this section shall mean either a person owning property
within 375 feet of the applicant's project reviewed b y the board, or a person that appeared before
the board (directly or represented by counsel) and whose appearance is confirmed in the record of
the board's public hearing(s) for such project;
4. Miami Design Preservation League; and
5. Dade Heritage Trust.
iii. Application requirements:
1. The appeal shall be in writing, and include all record evidence, facts, law and arguments necessary for
the appeal (this appellate document shall be called the "brief"); and
2. Shall include all applicable fees, as provided in appendix A of the City Code; and
3. Shall be by or on behalf of a named appellant(s); and
4. Shall state the factual bases and legal argument in support of the appeal; and
5. A full verbatim transcript of all proceedings which are the subject of the appeal shall be pro vided by
the party filing the petition, along with a written statement identifying those specific portions of the
transcript upon which the party filing it will rely for purposes of the appeal. The verbatim transcript
and written statement shall be filed no later than two weeks prior to the first scheduled public
hearing to consider the appeal.
iv. Notice requirements. All applications for an appeal of the design review board or historic preservation
board are subject to the same noticing requirements as an ap plication for a public hearing, in accordance
with notice requirements of section 2.2.4.1 The appeal applicant shall be responsible for all associated
costs and fees.
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v. Deadlines. Oral argument for a design review board or historic preservation board appeal shall take place
within 90 days of the date the appeal is filed, unless a lack of quorum of the city commission, or the
availability of the special magistrate, requires the oral argument to be continued to a later date.
1. Answer brief. The respondent may serve an answer brief within 30 days of the City’s written
acceptance of the petition.
2. Reply brief. The petitioner may serve a reply brief within 15 days of the filing of the an swer brief.
3. Oral argument. Oral argument shall occur within 90 days of the City’s acceptance of the petition,
except that oral argument may be continued to a future date due to lack of quorum of the city
commission or the unavailability of the special magistrate.
4. Decision. A decision of the city commission or special magistrate shall be rendered within 120 days of
the date the appeal is filed.
These deadlines may be modified by consent of the parties to the appeal.
d. Decision on Appeal. In order to reverse, amend, modify, or remand amendment, modification, or rehearing
the decision of the board, the city commission (for design review board appeals), and the historic preservation
special master (for historic preservation board appeals of Certificates of Appropriateness, Dig or Demolition),
shall find that the board did not comply with any of the following:
i. Provide procedural due process;
ii. Observe essential requirements of law; and
iii. Base its decision upon substantial competent evidence.
The decision on the appeal shall be set forth in writing, and shall be promptly mailed to all parties to the
appeal. In order to reverse, or remand, a five-sevenths vote of the city commission is required for appeals of
the design review board to the city commission.
e. Stay of work and proceedings on appeal. An appeal of a land use board order stays all work on the premises
and all proceedings in furtherance of the action appealed from, unless one of the exceptions below applies:
i. Imminent peril to life or property. A stay would cause imminent peril to life or property. In such a case,
proceedings or work shall not be stayed except by a restraining order, which may be granted by the board
or by a court of competent jurisdiction, upon application for good cause shown;
ii. Specified appeals from the planning board . As applicable only to an appeal arising from the planning
board's approval of a conditional use permit, the city may accept, for review purposes only, a building
permit application during a pending circuit court proceeding on the decision. The applicant shall be
required to pay all building permit fees, which fees shall be nonrefundable. Despite the foregoing, no
building permit shall issue while the circuit court proceeding is pending. Should the circuit court decision
be rendered in favor of the conditional use permit applicant, the applicant may proceed with construction
and operations, excluding entertainment operations, pending any further proceedings on the decision at
the Third District Court of Appeal or other appropriate court, so long as the following conditions are met:
1. The building permit may issue and shall remain active until the final resolution of all appeals to the
city and all court proceedings;
2. No final certificate of occupancy (CO) or certificate of completion (CC) shall be issued, and no
entertainment operations or entertainment business shall commence or take place, until the final
resolution of all appeals to the city and all court proceedings;
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3. The conditional use permit was appealed by a party other than (i) the city, or (ii) an applicant
appealing a denial of a conditional use permit application;
4. The property subject to the conditional use permit is located within (i) a commercial district, and (ii) a
historic district;
5. The scope of the conditional use permit is limited to modifications to an existing structure;
6. The applicant shall prior to the issuance of the building permit, either: (i) place funds in escrow, or (ii)
obtain a bond, either of which must be in an amount that is at least equal to or greater than 100
percent of the value of the work proposed under the building permit;
7. The applicant is not seeking the demolition of any portion of a contributing structure; and
8. In the event that the conditional use permit is reversed on appeal, the applicant must immediately
amend or abandon the building permit or building permit application without any liability to the city,
and a certificate or completion or certificate of occupancy shall not be issued. Additionally, no
business tax receipt for entertainment shall issue.
In order for a building permit to issue pursuant to this subsection (e)(ii), pending any further proceedings
on the decision at the Third District Court of Appeal or other court, the applicant shall be required to
comply with all of the conditions in subsections (e)(ii)(1) through (8), as well as all conditions of the
conditional use permit. The applicant shall also be required to execute a written agreement (in a form
acceptable to the city attorney) holding the city harmless and indemnifying the city from any liability or
loss resulting from the underlying proceedings before the court or appeal to the city, any civil actions
relating to the application of this subsection (e)(ii), and any proceedings resulting from the issuance of a
building permit, and the non-issuance of a TCO, TCC, CC, CO or BTR for the property. Such written
agreement shall also bind the applicant to all requirements of the conditional use permit, including all
enforcement, modification. and revocation provisions; except that the applicant shall be ineligible to
apply for any modifications to the conditional use permit or any other land use board order impacting the
property, until the final resolution of all city appeals and court proceedings as certified by the city
attorney. Additionally, the applicant must agree that in the event that the conditional use permit is
reversed, the applicant shall be required to restore the property to its original condition. The city may
utilize the bond to ensure compliance with the foregoing provisions.
iii. Other appeals from land use board decisions. Except for appeals arising from the planning board's
approval of a conditional use permit, which are governed by subsection (e)(ii) above, the appeal of any
land use board order for a property located outside the RS -1, RS-2, RS-3, or RS-4 single-family zoning
districts, if timely and properly filed subject to the requirements of this section or the Florida Rules of
Appellate Procedure (as applicable), shall stay all work on the premises and all proceedings in furtherance
of the action appealed from for a period of 120 days from the date the appeal is filed or until such time as
the applicant obtains a favorable ruling by the body or court with j urisdiction at the first level of appeal
(whether the special magistrate, for appeals from the historic preservation board; the city commission,
for appeals from the design review board; or the circuit court, for appeals of decisions on variances and
appeals from other land use boards), whichever occurs first. Notwithstanding the foregoing, and only as
applicable to appeals before the city commission or special magistrate, in the event that a decision is not
rendered within 120 days due to a lack of quorum of the city commission or the unavailability of the
special magistrate, the stay shall remain in place until such time as the appeal is ruled on by the city
commission or special magistrate. The provisions of this paragraph shall not be applicable to appea ls filed
by the city manager or the applicant for the land use board approval. In order to lift the automatic stay
under this subsection (e)(iii), an applicant shall first be required to satisfy the following requirements:
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1. The applicant shall execute a written agreement (in a form acceptable to the city attorney) to hold
harmless and indemnify the city from any claim, liability, or loss resulting from the approval of the
application, the underlying appellate proceedings, the application of this subsection (e)(iii), the
issuance of a building permit, and/or the non-issuance of a final certificate of completion (CC) or a
final certificate of occupancy (CO) for the property.
2. The written agreement shall bind the applicant to all requirements of the conditions of the applicable
order of the respective land use board, including all enforcement, modification. and revocation
provisions; except that the applicant shall be ineligible to apply for any modifications to the board
order that are subject to the appeal, until the final resolution of all administrative and court
proceedings as certified by the city attorney. Notwithstanding the foregoing, an applicant shall be
eligible to apply for modifications that are minor (as determined by the planning direc tor) or that are
necessary to effectuate a settlement.
3. The applicant shall agree that in the event that the decision of the board is reversed, the applicant
shall be required to restore the property to its previous condition, unless modifications are appro ved
by the DRB or HPB, as applicable.
4. No final certificate of occupancy (CO) or final certificate of completion (CC), shall be issued until the
final resolution of the appeal (including all judicial proceedings), as determined by the city attorney.
f. Tolling during all appeals. Notwithstanding the provision of subsection 2.2.4.6(c), in the event the original
decision (board order) of the applicable board, is timely appealed or brought to the circuit court, 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 appeals to the city or all court proceedings to obtain a full building permit, a certificate of occupancy, a
certificate of use, or a certificate of completion, whichever occurs first. This tolling provision shall only be
applicable to the original approval of the board and shall not apply to any subsequent requests for revisions or
requests for extensions of time.
ARTICLE III – PERIODIC REVIEW AND ANNUAL ZONING CYCLE
2.3.1 PERIODIC REVIEW
It shall be the duty of the planning board and the board of adjustment, in cooperation with the planning director
and the city attorney to continuously review the provisions and the regulations in these land development
regulations, including the district maps, and the comprehensive plan and from time to time, to offer
recommendations to the city commission as to the sufficiency thereof, in accomplishing the development plans of
the city.
2.3.2 ANNUAL ZONING CYCLE
The commission shall limit its decisions regarding amendments to these land development regulations, including
amendments to the text and to rezonings, to four times per year. For each time in the annual cycle, multiple
amendments may be considered at the same meeting. The commission may waive the cycle restriction in the
event of an emergency, as determined by a vote of five commissioners. All amendments shall be consistent and
compatible with the comprehensive plan and shall be enacted in accordance with the provisions of this article.
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ARTICLE IV – AMENDMENTS TO COMPREHENSIVE PLAN AND TO THE
TEXT OF THE LAND DEVELOPMENT REGULATIONS
2.4.1 GENERALLY
a. A request to amend the comprehensive plan or to amend the text of these land development regulations may
be submitted to the planning director by the city manager; city attorney; or upon an adopted motion of the
city commission, planning board, board of adjustment, or histori c preservation board (with regard to the
designation of historic districts or sites, or matters that directly pertain to historic preservation); or by an
owner(s) or developer(s) of the property which is the subject of the proposed change (hereinafter, a p rivate
applicant). Matters submitted by the city manager or city attorney shall first be referred to the planning board
by the city commission for action on the referral.
b. An owner applicant or his representative shall file an application pursuant to sections 2.2.3.1 and 2.2.3.2 of
this chapter. The city shall not be required to file an application.
c. Fees.
i. Any owner applicant requesting a public hearing on any application pursuant to this section shall pay,
upon submission, the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. No
application shall be considered complete, nor heard by the planning board or city commission until all
requested information has been submitted and all applicable fees paid.
ii. Amendments to the comprehensive plan or the land development regulations referred by the City
Commission, including such amendments referred on behalf of a private applicant, shall be subject to the
applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. Such fees and costs may be
waived by a five-sevenths vote of the city commission, based upon one or more of the followi ng
circumstances:
1. The city commission determines that the proposed amendment is necessary due to a change in
federal or state law, or to implement best practices in urban planning, or based on circumstances
unique to the proposed amendment;
2. Upon the written recommendation of the city manager acknowledging a documented financial
hardship of a property owner(s) or developer(s); or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's
association for property owned by any such organization or association, so long as the request
demonstrates that a public purpose is achieved by enacting the applicable amendment.
d. Upon receipt of a completed application, the planning director shall transmit the application, along with the
planning director's analysis and recommendations regarding the proposed amendment, to the planning board
for review.
e. Review by Planning Board
i. The Planning Board shall review the following requests at a public hearing and provide the city
commission with a recommendation as to whether the proposed amendment should be approved or
denied. In reviewing the application, the planning board may propose an alternative ordinance on the
same subject for consideration by the city commission.
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1. Amendment to the actual list of permitted, conditional or prohibited uses in a zoning category or
categories;
2. Amendment otherwise to the text of these land development regulations; and
3. Amendment to the Comprehensive Plan.
ii. Notice
1. Notices of any public hearing regarding proposed amendments to the city's comprehensive plan shall
be in accordance with the applicable requirements of chapter 163, Florida Statutes , and the public
participation procedures set forth in the city's comprehensive plan as they may be amend ed from
time to time.
2. Notices of any public hearing before the Planning Board regarding an amendment to the text of these
land development regulations, including an amendment to the actual list of permitted, conditional or
prohibited uses in a zoning category, shall be by publication in a newspaper of general circulation in
the city at least ten days prior to the hearing. The notice of the hearing shall state the date, time and
place of the meeting; the title or titles of proposed ordinances; and the place or places within the city
where such proposed ordinances may be inspected by the public. The notice shall also advise that
interested parties may appear at the hearing and be heard with respect to the proposed ordinance.
iii. Procedures
1. Within 60 days of receiving an application the board shall hold a public hearing. Within 30 days from
the close of the public hearing the planning director shall submit a report of the board's
recommendations on the proposal to the city commission.
2. The following applications may be withdrawn by the owner applicant at any time before a decision of
the planning board:
a. An application for a change in the actual list of permitted, conditional or prohibited uses in
zoning categories;
b. An application for any other amendment to these la nd development regulations; or
c. An application for an amendment to the comprehensive plan
3. If the application is withdrawn after advertisement for a public hearing, the same or a substantially
similar petition covering the same property shall not be resubmitted except by an official of the city
or the city commission for at least one year after the date established for the prior hearing. Filing fees
shall not be refunded once the public hearing has been advertised.
f. Review by city commission.
i. Within 60 days of transmission of the recommendation of the planning board to the city commission, the
commission shall consider the proposed amendment at a public hearing(s) and adopt, adopt with
changes, or deny the application. Notice of the public hearing(s) shall be provided as set forth in
subsection 2.4.2.(d) for changes to the text of the land development regulations; and notice of the public
hearing regarding proposed amendments to the city's comprehensive plan shall be in accordance with the
applicable requirements of chapter 163, Florida Statutes and the public participation procedures set forth
in the city's comprehensive plan as they may be amended from time to time.
ii. The following applications may be withdrawn by the owner applicant at any time before a decisio n of the
city commission:
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1. An application for a change in the actual list of permitted, conditional or prohibited uses in zoning
categories;
2. An application for any other amendment to these land development regulations; or
3. An application for an amendment to the comprehensive plan.
iii. If the application is withdrawn after advertisement for a public hearing, the same or a substantially similar
petition covering the same property shall not be resubmitted except by an official of the city or the city
commission for at least one year after the date established for the prior hearing. Filing fees shall not be
refunded once the public hearing has been advertised.
2.4.2 Amendment to the text of land development regulations
a. Oath. Any person appearing before the planning board or the city commission at a public hearing in regard to
an application for any amendment to these land development regulations shall be administered the following
oath by any person duly authorized under the laws of the state to administer oaths:
"I, ___________, do hereby swear, under oath, that any and all testimony to be given by me in this
proceeding is the truth, the whole truth and nothing but the truth, so help me God."
b. Any person giving false testimony before the planning board or city commission at a public hearing in regard
to an application for any amendment to these land development regulations shall be subject to the maximum
penalty provided by law.
c. Planning Board review criteria. In reviewing a request for an amendment to these land development
regulations, the board shall consider the following when applicable:
i. Whether the proposed change is consistent and compatible with the comprehensive plan and any
applicable neighborhood or redevelopment plans.
ii. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts.
iii. Whether the change suggested is out of scale with the needs of the neighborhood or the city.
iv. Whether the proposed change would tax the existing load on public facilities and infrastructure.
v. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property
proposed for change.
vi. Whether changed or changing conditions make the passage of t he proposed change necessary.
vii. Whether the proposed change will adversely influence living conditions in the neighborhood.
viii. Whether the proposed change will create or excessively increase traffic congestion beyond the levels of
service as set forth in the comprehensive plan or otherwise affect public safety.
ix. Whether the proposed change will seriously reduce light and air to adjacent areas.
x. Whether the proposed change will adversely affect property values in the adjacent area.
xi. Whether the proposed change will be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations.
xii. Whether there are substantial reasons why the property cannot be used in accordance with existing
zoning.
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xiii. Whether it is impossible to find other adequate sites in the city for the proposed use in a district already
permitting such use.
xiv. Whether the proposed change is consistent with the sea level rise and resiliency review criteria in chapter
7, article I, as applicable.
d. Action by city commission; notice and hearings.
i. In all cases in which the proposed amendment changes the actual list of permitted, conditional or
prohibited uses in a zoning category or the proposed amendment involves less than ten contiguous acres,
the city commission shall direct the clerk of the city to notify by mail each real property owner whose land
the city will redesignate by enactment of the ordinance and whose address is known by reference to the
latest ad valorem tax records. Provided further, notice shall be given by mail to the owners of record of
land lying within 375 feet of the land, which is to be changes by the proposed permitted, conditional or
prohibited use change. The notice shall state the substance of the proposed ordinance as it affects that
property owner and shall set a time and place for one or more public hearings on such ordinance. Such
notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of such notice
shall be kept available for public inspection during the regular business hours of the office of the city clerk.
The city commission shall hold a public hearing on the proposed ordinance and may, upon the conclusion
of the hearing, immediately adopt the ordinance.
ii. In all cases in which the proposed amendment changes the actual list of permitted, conditional or
prohibited uses within a zoning category regardless of the acreage of the area affected, the city
commission shall provide for public notice and hearings as follows:
1. The city commission shall hold two advertised public hearings on the proposed ordinance. At least
one hearing shall be held after 5:00 p.m. on a weekday, unless the city commission, by a majority plus
one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held
at least seven days after the day that the first advertisement is published. The second public hearing
shall be held at least ten days after the first hearing and shall be advertised at least five days prior to
the public hearing.
2. The required advertisements shall be no less than two columns wide by ten inches long in a standard
size or tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller
than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal
notices and classified advertisements appear. The advertisement shall be placed in a newspaper of
general paid circulation in the city and of general interest and readership in the city, not one of
limited subject matter, pursuant chapter 50, Florida Statutes. Whenever possible, the advertisement
shall appear in a newspaper that is published at least five days a week unless the only newspaper in
the city is published less than five days a week. The advertisement shall be in substantially the
following form:
NOTICE OF (TYPE OF) CHANGE
The City of Miami Beach proposes to adopt the following ordinance: (title of ordinance)
A public hearing on the ordinance will be held on (date and time) at (meeting place ).
In lieu of or in addition to publishing the advertisement set forth above in this in subsection (ii)(2), the city
may mail a notice to each person owning real property within 375 feet of the area covered by the
proposed amendment and to persons owning real property within the area that is the subject of the
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proposed amendment. Such notice shall clearly explain the proposed ordinance and shall notify the
person of the time, place and location of both public hearings on the proposed ordinance.
iii. When a request to amend the text of these land development regulations does not change the actual list
of permitted, conditional or prohibited uses in a zoning category, the following procedures shall apply in
addition to the applicable procedures in subsections (d) (i) and (ii) of this section:
1. A proposed ordinance may be read by title or in full on at least two separate days and shall, at least
ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. The
notice of proposed enactment shall state the date, time and place of the meeting; the title or titles of
proposed ordinances; and the place or places within the city where such proposed ordinances may be
inspected by the public. The notice shall also advise that interested parties may appear at the
meeting and be heard with respect to the proposed ordinance.
2. Immediately following the public hearing at the second reading, the city commission may adopt the
ordinance.
iv. An affirmative vote of five-sevenths of all members of the city commission shall be necessary in order to
enact any amendment to these land development regulations .
2.4.3 Proposed land development regulation amendments; application of
equitable estoppel to permits and approvals.
a. Amendments to these land development regulations shall be enforced against all applications or requests for
project approval upon the earlier of the favorable recommendation by the planning board or the applicable
effective date of the land development regulation amendment, as more particularly provided below. After
submission of a completed application for a project approval, to the extent a proposed amendment to these
land development regulations would, upon adoption, render the application nonconforming, then the
following procedure shall apply to all applications considered by the city or any appropriate city board:
i. In the event the applicant:
1. Obtains the following approvals: (i) a design review approval, (ii) a certificate of appropriateness, (iii)
a variance approval where no design review approval or certificate of appropriateness is required, (iv)
planning board approval, or (v) a full building permit as defined in chapter 1 where no design review
approval, certificate of appropriateness or variance approval is required; and
2. Satisfies subsection (1) above, prior to a favorable recommendation by the planning board with
respect to any land development regulation amendment that is adopted by the city commission
within 150 days of the planning board's recommendation,
then the project approval shall be presumed to have received a favorable determination that equitable
estoppel applies and the subject land development regulation amendment shall not be enforced against
the application hereinafter, a "favorable determination"), except as oth erwise provided in subsection (b),
below. If at any time before the expiration of the 150 days the proposed amendment fails before the city
commission, then the application shall no longer be deemed nonconforming.
ii. In the event the applicant:
1. Obtains (i) a design review approval, (ii) a certificate of appropriateness, (iii) a variance approval
where no design review approval or certificate of appropriateness is required, (iv) planning board
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approval or (v) a full building permit as defined in chapter 1 where no design review approval,
certificate of appropriateness or variance approval is required; and
2. Satisfies subsection (1), above, prior to the effective date of any land development regulation
amendment where there was an unfavorable recommendation by t he planning board with respect to
the land development regulation amendment, or when the planning board recommends favorably,
but the city commission fails to adopt the amendment within the specified 150 -day period,
then the application shall be presumed to have received a favorable determination and the subject land
development regulation amendment shall not be enforced against such application, except as otherwise
provided in subsection (b), below.
iii. In the event an applicant does not qualify under subsections (i) or (ii) of this subsection (a) for a
presumption of a favorable determination to avoid enforcement of adopted amendments against an
application, then the applicant may seek a determination from a court of competent jurisdiction as to
whether equitable estoppel otherwise exists. If, however, an applicant fails to seek a determination from
the court, or if the court has made a determination unfavorable to the applicant, and such determination
is not reversed on appeal, then the city shall fully enforce the adopted land development regulation
amendment(s) against the applicant's application.
iv. Any presumption of a favorable determination under subsections (i) and (ii) of this subsection (a), or any
favorable determination under subsection (iii) of this subsection (a), shall lapse contemporaneously with
the failure, denial, expiration, withdrawal, or substantial amendment of the application, approval, or
permit relative to the project or application to which the favorable determination is applied.
v. For purposes of this subsection (a), all references to obtaining design review approval, Planning Board
approval, a certificate of appropriateness or variance approval, shall mean the meeting date at which the
respective board approved such application or approved such application with conditions. For purposes of
this subsection (a), "substantial amendment" shall mean an amendment or modification (or a proposed
amendment or modification) to an application, approval or permit which, in the determination of the
planning director, is sufficiently different from the original application or request that the amendment
would require the submission of a new application/request for approval of same. All references to
obtaining a building permit shall mean the date of issuance of the permit.
vi. After submission of a completed application for a project approval, to the extent a proposed amendment
to the land development regulations would, upon adoption, render the application nonconforming, then
the city or any appropriate city board shall not approve, process or consider an application unless and
until (i) the project has cured the nonconformity or the applicant acknowledges that the city shall fully
enforce the adopted land development regulation amendment(s) against the applicant's applicat ion or
project; (ii) the project qualifies under subsections (i) or (ii), and subject to subsection (iv), of this
subsection (a), above; or (iii) a favorable determination has been made by a court. Except as otherwise
provided herein, any proceeding or determination by any city employee, department, agency or board
after a project becomes nonconforming shall not be deemed a waiver of the city's right to enforce any
adopted land development regulation amendments.
b. Subsection 2.4.3(a) shall not apply to proposed amendments to these land development regulations which
would designate specific properties or districts as historic. The estoppel provisions applicable to such
proposed amendments are set forth in subsection 2.13.9.
2.4.4 Amendment to the Comprehensive Plan
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a. Notices of any public hearing regarding proposed amendments to the city's comprehensive plan shall be in
accordance with the applicable requirements of chapter 163, Florida Statutes and the public participation
procedures set forth in the city's comprehensive plan as they may be amended from time to time.
b. In reviewing a request for an amendment to the comprehensive plan, the board shall consider whether the
amendment meets the criteria for compliance with chapter 163, Florida Statutes.
ARTICLE V – REZONINGS AND DEVELOPMENT APPROVALS
2.5.1 Change to zoning district boundaries (rezoning)
a. Procedures. Except as other provided by the general procedures of article I and article II, the following shall
apply to a land development application for a change to the zoning district boundaries (rezoning) of a parcel or
parcels of land.
i. An application for rezoning may be submitted to the planning director by the city manager; city attorney;
or upon an adopted motion of the city commission, planning board, board of adjustment, or historic
preservation board (with regard to the designation of historic districts or sites, or matters that directly
pertain to historic preservation); or by an owner(s) or developer(s) of the property which is the subject of
the proposed change (hereinafter, a private applicant). Matters submitted by the city manager or city
attorney shall first be referred to the planning board by the city commission.
ii. Fees for the application shall not be required for applications by the city. The fees and costs associated
with an application filed pursuant to this section may be waived by a five-sevenths vote of the city
commission, based upon one or more of the following circumstances:
1. The city manager determines, in writing, that the proposed amendment is necessary due to a change
in federal or state law, or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a document ed financial hardship
of a property owner(s) or developer(s); or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's
association for property owned by any such organization or association, so long as the reques t
demonstrates that a public purpose is achieved by enacting the applicable amendment.
iii. Review by planning board. Before the city commission takes any action on a proposed rezoning, the
planning board shall review the request and provide the city commissio n with a recommendation as to
whether the proposed amendment should be approved or denied.
1. Notice of the planning board meeting shall be by publication in a newspaper of general circulation in
the city at least ten days prior to the hearing. The notice o f the hearing shall state the date, time and
place of the meeting; the title or titles of proposed ordinances; and the place or places within the city
where such proposed ordinances may be inspected by the public. The notice shall also advise that
interested parties may appear at the hearing and be heard with respect to the proposed ordinance.
2. In reviewing a request for a rezoning, the board shall consider the following, when applicable:
a. Whether the proposed change is consistent and compatible with the comprehensive plan and
any applicable neighborhood or redevelopment plans.
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b. Whether the proposed change would create an isolated district unrelated to adjacent or nearby
districts.
c. Whether the change suggested is out of scale with the needs of the neighborhood or the city.
d. Whether the proposed change would tax the existing load on public facilities and infrastructure.
e. Whether existing district boundaries are illogically drawn in relation t o existing conditions on the
property proposed for change.
f. Whether changed or changing conditions make the passage of the proposed change necessary.
g. Whether the proposed change will adversely influence living conditions in the neighborhood.
h. Whether the proposed change will create or excessively increase traffic congestion beyond the
levels of service as set forth in the comprehensive plan or otherwise affect public safety.
i. Whether the proposed change will seriously reduce light and air to adjacent areas .
j. Whether the proposed change will adversely affect property values in the adjacent area.
k. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
l. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
m. Whether it is impossible to find other adequate sites in the city for the proposed use in a district
already permitting such use.
n. Whether the proposed change is consistent with the sea level rise and resiliency review criteria
in chapter 7, article I, as applicable.
3. An application for a rezoning may be withdrawn by a request from the applicant at any time before a
decision of the planning board. If the application is withdrawn after advertisement for a public
hearing or posting of the property, the same or a substantially similar petition covering the same
property shall not be resubmitted except by an official of the city or the city commission for at least
one year after the date established for the prior hearing. Filing fees shall not be refunded once the
public hearing has been advertised.
4. Any person appearing before the planning board or the city commission shall be administered the
oath set forth in subsection 2.4.2 (a) and shall be subject to penalty for giving false testimony as
provided in 2.4.2 (b). The city attorney shall advise the planning board and the city commission as to
whether the hearings should be conducted as quasi-judicial hearings.
iv. Review by city commission.
1. Notice.
a. When a request to change the actual zoning map designation of a parcel or parcels of land is
initiated by an applicant other than the city, the following procedures shall apply. A proposed
ordinance may be read by title or in full on at least two separate days and shall, at least ten days
prior to adoption, be noticed once in a newspaper of general circulation in the city. The notice of
proposed enactment shall state the date, time and place of the meeting; the title or titles of
proposed ordinances; and the place or places within the city where such proposed ordinances
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may be inspected by the public. The notice shall also advise that interested parties may appear at
the meeting and be heard with respect to the proposed ordinance. Immediately following the
public hearing at the second reading, the city commission may adopt the ordinance.
b. In all cases in which the rezoning is initiated by the city and involves less than ten contiguous
acres, the city commission shall direct the clerk of the city to notify by mail each real property
owner whose land the city will redesignate by enactment of the ordinance and whose address is
known by reference to the latest ad valorem tax records. Provided further, notice shall be given
by mail to the owners of record of land lying within 375 feet of the land, which is to be changes
by the proposed rezoning. The notice shall state the substance of the proposed ordinance as it
affects that property owner and shall set a time and place for one or more public he arings on
such ordinance. Such notice shall be given at least 30 days prior to the date set for the public
hearing, and a copy of such notice shall be kept available for public inspection during the regular
business hours of the office of the city clerk. The city commission shall hold a public hearing on
the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the
ordinance.
c. In all cases in which the proposed rezoning is initiated by the city and changes the zoning
designation of a parcel or parcels of land involving ten acres or more, the city commission shall
provide for public notice and hearings as follows:
I The city commission shall hold two advertised public hearings on the proposed ordinance. At
least one hearing shall be held after 5:00 p.m. on a weekday, unless the city commission, by
a majority plus one vote, elects to conduct that hearing at another time of day. The first
public hearing shall be held at least seven days after the day that the first advertisement is
published. The second public hearing shall be held at least ten days after the first hearing
and shall be advertised at least five days prior to the public hearing.
II The required advertisements shall be no less than two columns wide by ten inches long in a
standard size or tabloid size newspaper, and the headline in the advertisement shall be in a
type no smaller than 18 point. The advertisement shall not be placed in that portion of the
newspaper where legal notices and classified advertisements appear. The ad vertisement
shall be placed in a newspaper of general paid circulation in the city and of general interest
and readership in the city, not one of limited subject matter, pursuant chapter 50, Florida
Statutes. Whenever possible, the advertisement shall appear in a newspaper that is
published at least five days a week unless the only newspaper in the city is published less
than five days a week. The advertisement shall be in substantially the following form:
NOTICE OF (TYPE OF) CHANGE
The City of Miami Beach proposes to adopt the following ordinance: (title of ordinance)
A public hearing on the ordinance will be held on (date and time) at (meeting place).
The advertisement shall contain a geographical location map which clearly indicates the
area covered by the proposed ordinance. The map shall include major street names as a
means of identification of the general area.
In lieu of or in addition to publishing the advertisement set forth above in this
subsection (c)(1), the city may mail a notice to each person owning real property within
375 feet of the area covered by the proposed amendment and to persons owning real
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property within the area that is the subject of the proposed rezoning. Such notice shall
clearly explain the proposed ordinance and shall notify the person of the time, place and
location of both public hearings on the proposed ordinance.
2. Any application for a rezoning may be withdrawn by a request in writing by the applicant at any time
before a decision of the city commission, but if withdrawn after advertisement for a public hearing or
after posting of the property, the same rezoning application shall not be resubmitted, except by an
official of the city or the city commission, sooner than on e year after the date established for the
prior hearing. Filing fees shall not be refunded upon any withdrawal.
3. In reviewing a request for a rezoning, the city commission shall consider the criteria set out in
subsection 2.5.1(a)(iii)(2).
4. An affirmative vote of five-sevenths of all members of the city commission shall be necessary in order
to enact any rezoning.
5. When a proposed change in district boundaries has been acted upon by the city commission and
disapproved or failed of passage, such proposed chan ge, in the same or substantially similar form
shall not be reconsidered by the city commission for a period of at least one year following the date
of such action.
6. The application of equitable estoppel to permits and approvals shall apply in the case of a proposed
rezoning under the same procedures set forth in subsection 2.4.3.
2.5.2 Conditional Use
2.5.2.1 Purpose
The purpose of this subsection is to establish a process and sta ndards to determine if certain uses, referred to as
conditional uses, should be permitted at a given location. Special review of conditional uses is required not only
because these generally are of a public or semi-public character and are essential and desirable for the general
convenience and welfare of the community, but also because the nature of the uses and their potential impact on
neighboring properties requires the exercise of planning judgment as to location and site plan.
2.5.2.2 Standards for approval
A conditional use may be approved if planning board finds that it meets the following general and supplemental
standards for approval:
a. General standards. The following general standards shall be met by all conditional uses.
i. The use shall be consistent with the comprehensive plan or neighborhood plan if one exists for the area in
which the property is located.
ii. The intended use or construction shall not result in an impact that will exceed the thresholds for the
levels of service as set forth in the comprehensive plan.
iii. Structures and uses associated with the request shall be consistent with these land development
regulations.
iv. The public health, safety, morals, and general welfare shall not be adversely affected.
v. Adequate off-street parking facilities will be provided.
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vi. Necessary safeguards will be provided for the protection of surrounding property, persons, and
neighborhood values.
vii. The concentration of similar types of uses shall not create a negative impact on the surround ing
neighborhood. Geographic concentration of similar types of conditional uses should be discouraged.
viii. The structure and site comply with the sea level rise and resiliency review criteria in chapter 7, article I, as
applicable.
ix. Appropriate consideration is given to the safety of and friendliness to pedestrian traffic; passageways
through alleys is encouraged where feasible and driveways shall be minimized to the extent possible.
b. Supplemental standards for new structures 50,000 square feet or larger.
i. Whether the proposed business operations plan has been provided, including hours of operation, number
of employees, goals of business, and other operational characteristics pertinent to the application, and
that such plan is compatible with the neighborhood in which the use is proposed to be located.
ii. Whether a plan for the mass delivery of merchandise has been provided, including the hours of operation
for delivery trucks to come into and exit from the neighborhood and how such plan will mitigate any
adverse impacts to adjoining and nearby properties, and neighborhood.
iii. Whether the scale of the proposed use is compatible with the urban character of the surrounding area
and create adverse impacts on the surrounding area, and how the adverse impacts are proposed to be
addressed.
iv. Whether the proposed parking plan has been provided, including where and how the parking is located,
utilized, and managed, that meets the required parking and operational needs of the structure and
proposed uses.
v. Whether an indoor and outdoor customer circulation plan has been provided that facilitates ingress and
egress to the site and structure.
vi. Whether a security plan for the establishment and supporting parking facility has been provided that
addresses the safety of the business and its users and minimizes impacts on the neighborhood.
vii. Whether a traffic circulation analysis and plan has been provided that details means of ingress and egress
into and out of the neighborhood, addresses the impact of projected traffic on the immediate
neighborhood, traffic circulation pattern for the neighborhood, traffic flow through immediate
intersections and arterials, and how these impacts are to be mitigated.
viii. Whether a noise attenuation plan has been provided that addresses how noise will be contr olled in the
loading zone, parking structures and delivery and sanitation areas, to minimize adverse impacts to
adjoining and nearby properties.
ix. Whether a sanitation plan has been provided that addresses on-site facilities as well as off-premises
issues resulting from the operation of the structure.
x. Whether the proximity of the proposed structure to similar size structures and to residential uses creates
adverse impacts and how such impacts are mitigated.
xi. Whether a cumulative effect from the proposed structure with adjacent and nearby structures arises, and
how such cumulative effect will be addressed.
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c. Standards for assembly uses. In reviewing an application for an assembly use, the planning board shall apply
the following review criteria instead of the standard review guidelines listed in subsection (a) above:
i. Whether a proposed operations plan has been provided, including hours of operation, number of
employees, and other operational characteristics pertinent to the application, and that such plan will
mitigate any adverse impacts to adjoining and nearby properties, and neighborhoods.
ii. Whether a plan for the delivery of supplies has been provided, including the hours of operation for
delivery trucks to come into and exit from the neighborhood and how su ch plan will mitigate any adverse
impacts to adjoining and nearby properties, and neighborhoods.
iii. Whether the design of the proposed structure is permitted by the regulations in the zoning district in
which the property is located, and complies with the regulations of an overlay district, if applicable.
iv. Whether a proposed parking plan has been provided, including where and how the parking is located,
utilized, and managed, that meets the required parking for the use in the zoning district in which the
property is located.
v. Whether an indoor and outdoor circulation plan for the occupants of the use has been provided that
facilitates ingress and egress to the site and structure.
vi. Whether a security plan for the establishment and supporting parking facility, if any, has been provided
that addresses the safety of the institution and its users and minimizes impacts on the neighborhood.
vii. Whether a traffic circulation analysis and plan has been provided that details means of ingress and egress
into and out of the neighborhood, addresses the impact of projected traffic on the immediate
neighborhood, traffic circulation pattern for the neighborhood, traffic flow through immediate
intersections and arterials, and how these impacts are to be mitigated.
viii. Whether a noise attenuation plan has been provided that addresses how noise will be controlled in and
around the institution, parking structures or areas, and delivery and sanitation areas, to minimize adverse
impacts to adjoining and nearby properties.
ix. Whether a sanitation plan has been provided that addresses on-site facilities as well as off-premises
issues resulting from the operation of the structure.
x. Whether the proximity of the proposed structure to adjacent and nearby residential uses creates adverse
impacts and how such impacts are to be mitigated.
xi. Whether a cumulative effect from the proposed structure with adjacent and nearby structures arises, and
how such cumulative effect will be addressed.
d. Neighborhood Impact Establishment Standards. See section 7.5.5.4.b. of these land development regulations.
2.5.2.3 Application and review
Applications for conditional uses shall follow the applicable procedures set forth in article II. Each application shall
be accompanied by a site plan meeting the requirements of subsection 2.2.3.3, and such other information as may
be required for a determination of the nature of the proposed use and its effect on the comprehensive plan, the
neighborhood and surrounding properties.
2.5.2.4 Planning Board
The planning board shall review and make a decision on the application.
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a. Deferrals and continuances shall be allowed pursuant to subsection 2.2.4.5.
b. Expiration of orders of the planning board.
i. The applicant shall obtain a building permit as provided by subsection 2.2.4.6.
ii. Timeframes in development agreements. The time period to obtain a full building permit, a certificate of
occupancy, a certificate of use, or a certificate of completion set forth in subsection (b)(ii) may be
superseded and modified by a development agreement approved and fully executed pursuant to article XI
of these land development regulations, so long as the modified time period is expressly negotiated and
set forth in the executed development agreement.
iii. An approved and operational conditional use which remains idle or unused in whole or in part for a
continuous period of six months or for 18 months during any three-year period whether or not the
equipment, fixtures, or structures remain, shall be required to seek re-approval of the conditional use
from the board. Resumption of such use shall not be permitted unless and until the board approval has
been granted.
2.5.2.5 Compliance with conditions; revocation or modification
a. No occupational license, certificate of use, certificate of occupancy, or certificate of completion shall be issued
until all conditions of approval have been met. The establishment of a conditional use without complying with
the conditions of approval shall constitute a violation of these land development regulations and shall be
subject to enforcement procedures as set forth chapter 1, and as provided herein.
b. Within a reasonable time after a conditional use application or amendment has been approved, the applicant
shall record the planning board's action and conditions in the public records of the county. No building permit,
certificate of use, certificate of occupancy, certificate of completion or occupational license shall be issued
until compliance with this regulation has demonstrated.
c. The board may revoke or modify a conditional use approval pursuant to the following procedures:
i. The planning director shall notify the applicant by certified mail of the failure to comply with the
conditions of the approval;
ii. If, after expiration of a 15-day cure period commencing on the date of the notice, the applicant fails to
comply with the conditions, or the applicant has exhibited repeated or intermittent noncompliance with
the conditions prior to the cure period and the planning director is concerned about further repeated or
intermittent noncompliance, the planning director shall advise the board at the next meeting and the
board may consider setting a public hearing for the purpose of examining the noncompliance issues;
iii. If the board elects to set a public hearing, the planning director shall place the matter on the board's
agenda in a timely manner and all notice requirements imposed for conditional use applications as set
forth in subsection 2.2.4.1 shall be applicable, with the addition of notice to the applicant; and
iv. The board shall hold a public hearing to consider the issue of noncompli ance and the possible revocation
or modification of the approval, and, based on substantial competent evidence, the board may revoke the
approval, modify the conditions thereof, or impose additional or supplemental conditions.
d. In determining whether substantial competent evidence exists to support revocation, modification or the
imposition of additional or supplemental conditions to the approval, intermittent noncompliance with the
conditions, as well as the frequency, degree and adverse impact of such intermittent noncompliance, may be
considered by the board.
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e. In the event the board takes any of the enforcement actions authorized in this subsection, the applicant shall
reimburse the Planning Department for all monies expended to satisfy notice requirements and to copy,
prepare or distribute materials in anticipation of the public hearing. The applicant shall not be permitted to
submit a new application, for related or unrelated matters, nor shall an application be accepted affecting the
subject property for related or unrelated matters, for consideration by the board of adjustment, planning
board, design review board, or historic preservation board, until repayment in full of all monies due and
payable pursuant to the foregoing sentence.
f. In addition to all other enforcement actions available to the board, based upon a board finding that the
applicant has failed to comply with the conditions of the approval, the board may recommend that the code
compliance director (or his successor in interest with respect to the issuance of occupational licenses and
certificates of use), in his discretion, revoke or suspend the certificate of use for the subject property or the
applicant’s occupational license applicable to the business conducted at the subject property.
2.5.2.6 Amendment of an approved conditional use.
a. When an applicant requests an amendment to an approved conditional use, the planning director shall first
determine whether the request is a substantial or minor amendment. A minor amendment may be authorized
by the planning director, but no amendment to conditions may be approved. If the planning director
determines that the request is a substantial amendment, the review process shall be the same as for a new
application by the board. In determining whether the request is a substantial or minor amendment, the
planning director shall consider the overall impact of the change, increase or decrease in parking or floor area,
landscaping and design, consistency with these land development regulations, efficient utilization of the site,
circulation pattern and other pertinent facts. Any increase in lot area, parking requirements, floor area ratio,
density or lot coverage shall be considered as a substantial amendment.
b. If the planning director determines the request is a minor amendment, the applicant may submit an
application for a building permit; however, the planning director shall approve the site plan prior to the
issuance of a building permit.
2.5.3 Design Review
2.5.3.1 Design review criteria
Design review encompasses the examination of architectural drawings for consistency with the criteria stated
below, with regard to the aesthetics, appearance, safety, and function of any new or existing structure and
physical attributes of the project in relation to the site, adjacent structu res and surrounding community. The
design review board and the planning department shall review plans based upon the below stated criteria, criteria
listed in neighborhood plans, if applicable, and applicable design guidelines. Recommendations of the planning
department may include, but not be limited to, comments from the building department and the public works
department.
a. The existing and proposed conditions of the lot, including but not necessarily limited to topography,
vegetation, trees, drainage, and waterways.
b. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping structures, signs, and lighting and screening d evices.
c. The dimensions of all buildings, structures, setbacks, parking spaces, floor area ratio, height, lot coverage and
any other information that may be reasonably necessary to determine compliance with the requirements of
the underlying zoning district, and any applicable overlays, for a particular application or project.
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d. The color, design, selection of landscape materials and architectural elements of exterior building surfaces and
primary public interior areas for developments requiring a building p ermit in areas of the city identified in
section 2.5.3.2.
e. The proposed site plan, and the location, appearance and design of new and existing buildings and structures
are in conformity with the standards of this article and other applicable ordinances, ar chitectural and design
guidelines as adopted and amended periodically by the design review board and historic preservation board
and all pertinent master plans.
f. The proposed structure, or additions or modifications to an existing structure, indicates a sensitivity to and is
compatible with the environment and adjacent structures, and enhances the appearance of the surrounding
properties.
g. The design and layout of the proposed site plan, as well as all new and existing buildings shall be reviewed so
as to provide an efficient arrangement of land uses. Particular attention shall be given to safety, crime
prevention and fire protection, relationship to the surrounding neighborhood, impact on contiguous and
adjacent buildings and lands, pedestrian sight lines a nd view corridors.
h. Pedestrian and vehicular traffic movement within and adjacent to the site shall be reviewed to ensure that
clearly defined, segregated pedestrian access to the site and all buildings is provided for and that all parking
spaces are usable and are safety and conveniently arranged; pedestrian furniture and bike racks shall be
considered. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with
traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.
i. Lighting shall be reviewed to ensure safe movement of persons and vehicles and reflection on public property
for security purposes and to minimize glare and reflection on adjacent properties. Lighting shall be reviewed
to assure that it enhances the appearance of structures at night.
j. Landscape and paving materials shall be reviewed to ensure an adequate relationship with and enhancement
of the overall site plan design.
k. Buffering materials shall be reviewed to ensure that headlights of vehicles, noise, and light from structures are
adequately shielded from public view, adjacent properties and pedestrian areas.
l. The proposed structure has an orientation and massing which is sensitive to and compatible with the building
site and surrounding area and which creates or maintains important view corridor(s).
m. The building has, where feasible, space in that part of the ground floor fronting a street or streets which is to
be occupied for residential or commercial uses; likewise, the upper floors of the pedestal portion of the
proposed building fronting a street, or streets shall have residential or commercial spaces, shall have the
appearance of being a residential or commercial space or shall have an architectural treatment which shall
buffer the appearance of the parking structure from the surrounding area and is integrated with the overall
appearance of the project.
n. The building shall have an appropriate and fully integrated rooftop architectural treatment which substantially
screens all mechanical equipment, stairs and elevator towers.
o. An addition on a building site shall be designed, sited and massed in a manner which is sensitive to and
compatible with the existing improvement(s).
p. All portions of a project fronting a street or sidewalk shall incorporate an architecturally appropriate amoun t
of transparency at the first level in order to achieve pedestrian compatibility and adequate visual interest.
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q. The location, design, screening and buffering of all required service bays, delivery bays, trash and refuse
receptacles, as well as trash rooms shall be arranged so as to have a minimal impact on adjacent properties.
r. In addition to the foregoing criteria, subsection 118-104-6(t) of the General Ordinances shall apply to the
design review board's review of any proposal to place, construct, modify or maintain a wireless
communications facility or other over the air radio transmission or radio reception facility in the public rights -
of-way.
s. The structure and site comply with the sea level rise and resiliency review criteria in chapter 7, article I, as
applicable.
2.5.3.2 Applicability
The design criteria in subsection 2.5.3.1 shall apply to all applications involving demolition, new building
construction, alteration, rehabilitation, renovation, restoration or any other physical modification of any building,
structure, improvement, landscape feature, public interior or site, except as otherwise exempted by this section.
a. The following shall be exempt from design review criteria, provided no new construction or additions to
existing buildings are required. Notwithstanding, the design review board shall provide advisory review to the
city commission per paragraph (b) below.
i. All permits for plumbing, heating, air conditioning, elevators, fire alarms and extinguishing equipment,
and all other mechanical and electrical equipment when such work is entirely within the interior of the
building, excluding public interior areas and interior areas that face a street or sidewalk; however, the
planning director may approve such building permit applications for minor work on the exterior of
buildings.
ii. Any permit necessary for the compliance with a lawful order of the building official, fire marshal or public
works director related to the immediate public health or safety.
iii. All single-family dwellings, with the exception of exterior surface color samples and finishes, and the
review and approval of all new single-family home construction in accordance with subsection 142-
105(d)(7). However, all building permits for new construction, alterations or additions to existing
structures shall be subject to compliance with section 7.2.2.3, and all demolition permits must be signed
by the planning director, or designee.
iv. All properties located within designated historic districts and designated historic sites.
b. Advisory review. The design review board shall be required to review certain specified city neighborhood
projects, stormwater pump stations, and related apparatus (which are otherwise exempt from design review,
in a non-binding, advisory capacity, and provide written recommendations on such projects to the city
commission, subject to the following regulations:
i. City projects subject to advisory review. The scope of the design review board's advisory review pursuant
to this subsection 2.5.3.2(b), shall be limited to the following projects:
1. Stormwater pump stations and related apparatus;
2. The location and screening of above-ground infrastructure;
3. The design of new street lighting;
4. The above-ground design of non-standard materials for newly constructed sidewalks, streets and
crosswalks;
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5. The above-ground design of new roadway medians, traffic circles, and plazas;
6. Protected bike lanes;
7. Roadway elevations in excess of six inches above the existing crown of road;
8. Pedestrian bridges; and
9. Master neighborhood improvement plans which involve and integrate any of the above elements.
ii. Exceptions. Advisory review pursuant to this subsection (b) shall not be required for:
1. Emergency work.
2. Crosswalk projects that address compliance with the Americans with Disabilities Act and Florida
Accessibility Code.
3. Lighting improvements for public safety purposes.
4. Routine maintenance and utility repair work.
5. Projects for which a notice to proceed with construction has been issued on or before September 30,
2020.
iii. Timeframe for review. The design review board shall review the project and provide an advisory
recommendation within 35 days of the first design review board meeting at which the project is reviewed.
Any recommendations of the design review board shall be transmitted to the city commission via letter to
commission. Notwithstanding the foregoing, the requirement set forth in this paragraph shall be d eemed
to have been satisfied in the event that the design review board fails, for any reason whatsoever, to
review a project or provide a recommendation to the city commission within the 35-day period following
the first meeting at which the project is reviewed.
iv. Substantial changes. If the design of a project should change substantially, as determined by the planning
director, after it has been reviewed by the design review board, the board shall be required to review the
changes to the design.
v. Waiver. Upon a written recommendation of the city manager, the city commission may, by majority vote,
waive the advisory review required pursuant to this subsection 2.5.2.4(b), if the city commission finds
such waiver to be in the best interest of the city.
vi. Notice. The advisory review by the design review board shall be noticed by publication in a newspaper of
general circulation at least 15 days in advance of the meeting. Additionally, for stormwater pump stations
and related apparatus, notice shall be pos ted on the land subject to the application, and mailed to owners
of record of land lying within 375 feet of the land pursuant to section 2.2.4.1.
2.5.3.3 Administrative design review
a. The planning director shall have the authority to approve, approve with condition s, or deny an application on
behalf of the board, for the following:
i. Ground level additions to existing structures, not to exceed 30 feet in height, which are not substantially
visible from the public right-of-way, any waterfront or public park. For those lots which are greater than
10,000 square feet, the floor area of the proposed addition may not exceed ten percent of the floor area
of the existing structure or primary lot, whichever is less, with a maximum total floor area not to exceed
10,000 square feet.
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ii. Replacement of windows, doors, storefront frames and windows, or the approval of awnings, canopies,
exterior surface colors, storm shutters and signs.
iii. Façade and building alterations, renovations and restorations which are minor in nature.
iv. Modifications to storefronts or façade alterations in commercial zoning districts that support
indoor/outdoor uses, which are compatible with the architecture of the building, except for vehicular
drive-through facilities. Such modifications may include the installation of operable window and entry
systems such as pass-through windows, take-out counters, sliding or folding panel doors, french doors, or
partially-transparent overhead-door systems. Applications submitted pursuant to this subsection (iv) shall
comply with the following regulations:
1. The property shall not be located within 300 feet of any residential zoning district, measured
following a straight line from the proposed operable storefront of the commercial establishment to
the nearest point of the property designated as RS, RM, RMPS, RPS, RO or TH on the city's zoning
district map; and
2. The extent of demolition and alterations to the façade of the building shall not permanently alter the
character of the building's architecture by removing original architectural features that cannot be
easily replaced, or by compromising the integrity of the architectural design.
Should the proposed storefront modification not comply with any of the above regulations, the proposed
modifications to storefronts or facade alterations shall require design review board review and approval.
v. Modifications to storefronts or facade alterations utilizing an exterior component within the storefront or
facade, which are compatible with the architecture of the building (including, without limitation, the
installation of walk-up teller systems and similar 24/7 ATM-style pickup openings, dry-cleaning drop-off
and pick-up kiosks, and similar self service facilities; but excluding vehicular drive-through facilities). Any
new openings shall be architecturally compatible with the building and minimally sized to facilitate the
transfer of goods and services.
vi. Minor demolition and alterations to address accessibility, life safety, mechanical and other applicable
code requirements.
vii. Minor demolition and alterations to rear and secondary facades to accommodate utilities, refuse disposal
and storage.
viii. Minor work associated with the public interiors of buildings and those interior portions of commercial
structures which front a street or sidewalk.
ix. Minor work involving public improvements upon public rights -of-way and easements.
x. Minor work which is associated with rehabilitations and additions to existing buildings, or the
construction, repair, or rehabilitation of new or existing walls, at-grade parking lots, fences.
xi. Applications related to exterior balcony, terrace, porch and stairway rails on existing bui ldings, which have
become nonconforming as it pertains to applicable Florida State Codes, and which have been issued a
violation by an agency or city department responsible for the enforcement of Florida Statutes associated
with life safety codes. Modifications required to address compliance with applicable state life safety codes
shall be consistent with the original design character of the existing rails, and may include the
introduction of secondary materials such as fabric mesh, solid panels and glass panels.
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b. The director's decision shall be based upon the criteria in subsection 2.5.3.1. The applicant may appeal a
decision of the planning director pursuant to the procedural requirements of Article IX “Administrative
Appeals”.
2.5.3.4 Application for design review
a. Applications for design review shall follow the applicable procedures set forth in article II, in addition to the
requirements of this subsection 2.5.3.4. The planning department shall be responsible for the overall
coordination and administration of the design review process with other relevant city departments.
b. Preliminary informational guidance. In the event the applicant seeks a preliminary evaluation of a project from
the board for information and guidance purposes only, an application for prelimin ary evaluation shall be
required. The planning director shall determine the supplemental documents and exhibits necessary and
appropriate to complete an application for a preliminary evaluation; the required supplemental documents
and exhibits shall serve to describe and illustrate the project proposed in the application in a manner sufficient
to enable the board to provide general comments, feedback, information and guidance with respect to the
application. Preliminary evaluations by the board shall be for informational purposes only; a preliminary
evaluation by the board shall not constitute a binding approval, nor shall any comments, feedback,
information or guidance provided by the board be binding upon the board during subsequent review of the
preliminary application or a related final application. The board may provide a general comment, feedback,
information and guidance during the initial hearing on the application for preliminary evaluations, and may
continue discussion on a preliminary evaluation to subsequent meetings in order for the applicant to better
address any specific concerns raised by the board or staff, or may elect to terminate the preliminary
evaluation process after providing general comments. All preliminary evaluations shall be subjec t to the
noticing requirements for public hearings provided in section 2.2.4.1. Preliminary evaluations shall not
constitute a design review approval, and therefore an applicant acquires no equitable estoppel rights or
protections of any kind, type or nature based upon the filing or review of the preliminary evaluation
application. The board will not issue an order either approving or denying a project or take any formal action
on preliminary evaluation application. Preliminary evaluations shall not entitle applicants to any of the
benefits accorded to applicants who have received design review approval, inclusive of appeals or rehearings.
Except as used in this section, the use of the phrase "application" throughout this article refers to a completed
application for approval and not to a preliminary evaluation application.
c. In addition to the application requirements of article II, the application shall include such information and
attached exhibits as the board and the planning director determine are needed to allow for complete
evaluation of the proposed demolition, construction and other physical improvements, alterations or
modifications including, but not limited to, the following:
i. Written description of proposed action with details of application reques t.
ii. Survey (original signed and sealed) dated less than six months old at the time of application (lot area shall
be provided by surveyor), identifying grade (if not sidewalk, provide a letter from Public Works,
establishing grade), spot elevations and Elevation Certificate.
iii. All applicable zoning information.
iv. Complete site plan.
v. Materials containing detailed data as to architectural elevations and plans showing proposed changes and
existing conditions to be preserved.
vi. Preliminary plans showing new construction in cases of demolition.
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vii. All available data and historic documentation regarding the building, site or features, if required.
viii. For a commercial and mixed-use projects over 5,000 new gross square feet and multi-family projects with
more than four new units or 15,000 new gross square feet, and those applications that propose an
increase in floor area to such commercial, mixed use and multi-family projects, the application shall
include a transportation analysis and mitigation plan, prepared by a professional traffic engineer, licensed
and registered in the State of Florida. The analysis and plan shall at a minimum provide the following:
1. Details on the impact of projected traffic on the adjacent corridors, intersections, and areas to be
determined by the city.
2. Strategies to mitigate the impact of the proposed development on the adjacent transportation
network, to the maximum extent feasible, in a manner consistent with the adopted transportation
master plan and adopted mode share goals.
3. Whenever possible, driveways shall be minimized and use common access points to reduce potential
turn movements and conflict points with pedestrians.
4. Applicable treatments may include, without limitation, transportation demand management
strategies included in the transportation element of the comprehensive plan.
2.5.3.5 Design Review Board
a. The design review board shall consider applications pursuant to the procedures of article II and those provided
in this subsection. The board may require such changes in the plans and specifications, and conditions, as in
its judgment may be requisite and appropriate to the maintenance of a high standard of architecture, as
established by the standards contained in these land development regulations and as specified in the cit y's
comprehensive plan and other specific plans adopted by the city of pertaining to the areas identified in
subsection 2.5.3.2(b).
b. The applicant may withdraw its application pursuant to subsection 2.2.4.4 or defer or continue its application
pursuant to subsection 2.2.4.5. In the event there is a lack of a quorum, all pending or remaining matters shall
be continued to the next available meeting of the board.
d. A phased development permit shall apply to multiple building/structure development only and shall include all
plans for each phase of the project as submitted, required and approved by the design review board. The
applicant shall request the board approve a phased development at the public hearing and the board shall
specify a reasonable time limit within which the phases shall begin or be completed or both. The board shall
require a progress report from the applicant at the completion of each phase. A phased development permit
shall not be a demolition, electrical, foundation, mechanical or plumbing p ermit or any other partial permit.
e. In granting design review approval, the design review board may prescribe appropriate conditions and
safeguards either as part of a written order or on approved plans. Violation of such conditions and safeguards,
when made a part of the terms under which the design review approval is granted, shall be deemed a
violation of these land development regulations.
f. Upon approval of an application by the board, plans shall be submitted to the planning director in the format
required by the planning director. Two sets of plans shall be returned to the applicant who may then submit
an application for a building permit. The remaining approved plans shall be part of the board's official record
and shall be maintained on file with the planning department.
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g. Should a question arise as to compliance with the conditions as outlined by the design review board, a
clarification hearing before the design review board may be called at the request of the planning director, or
by the applicant.
2.5.3.6 Building permit application
a. The applicant or his authorized agent shall make application for a building permit, in the format required by
the planning director.
b. No building permit, certificate of occupancy, certificate of completion, or occupational license shall be issued
unless all of the plans, including amendments, notes, revisions, or modifications, have been approved by the
planning director. Minor modifications, as determined by the director, to plans that have been approved by
the board may be approved by the planning director. A minor modification shall not include expansion of a
building, including volume, floor area ratio, and height, unless otherwise authorized by the board order.
c. No building permit or phased development permit shall be issued for any plan subject to design review except
in conformity with the approved plans.
2.5.4 DIVISION OF LAND/LOT SPLIT
2.5.4.1 Approval for lot split required
a. In order to maintain open space and neighborhood character, wherever there may exist a main permitted
structure and any accessory/auxiliary building or structure including, but not limited to, swimming pools,
tennis courts, walls, fences, or any other improvement that was heretofore constructed on property
containing one or more platted lots or portions thereof, such lots shall thereafter constitute only one building
site and no permit shall be issued for the construction of more than one main permitted structure on the site
unless the site is approved for the division or lot split by the planning board.
b. No lot(s), plot(s) or parcel(s) of land, whether improved or unimproved or building site, as defined herein,
designated by number, letter or other description in a plat of a subdivision, shall be further divided or split, for
the purpose, whether immediate or future, of transfer of ownership or development, without prior review and
approval by the planning board. Lots shall be divided in such a manner that all of the resulting lots are in
compliance with the regulations of these land development regulations. All lot lines resulting from the division
of a lot shall be straight lines and consistent with the configuration of the adjoining lots.
c. If a main permitted structure is demolished or removed therefrom, whether voluntarily, involuntarily, by
destruction or disaster, no permit shall be issued for construction of more than one main permitted structure
on the building site unless the site is approved for the division or lot split by the planning board.
2.5.4.2 Review criteria
In reviewing an application for the division of lot and lot split, the planning board shall apply the following criteria:
a. Whether the lots that would be created are divided in such a manner that they are in compliance with the
regulations of these land development regulations.
b. Whether the building site that would be created would be equal to or larger than the majority of th e existing
building sites, or the most common existing lot size, and of the same character as the surrounding area.
c. Whether the scale of any proposed new construction is compatible with the as -built character of the
surrounding area, or creates adverse impacts on the surrounding area; and if so, how the adverse impacts will
be mitigated. To determine whether this criterion is satisfied, the applicant shall submit massing and scale
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studies reflecting structures and uses that would be permitted under the land development regulations as a
result of the proposed lot split, even if the applicant presently has no specific plans for construction.
d. Whether the building site that would be created would result in existing structures becoming nonconforming
as they relate to setbacks and other applicable regulations of these land development regulations, and how
the resulting nonconformities will be mitigated.
e. Whether the building site that would be created would be free of encroachments from abutting buildable
sites.
f. Whether the proposed lot split adversely affects architecturally significant or historic homes, and if so, how
the adverse effects will be mitigated. The board shall have the authority to require the full or partial retention
of structures constructed prior to 1942 and determined by the planning director or designee to be
architecturally significant under subsection 7.2.7.4.a,
g. The structure and site comply with the sea level rise and resiliency review criteria in chapter 7, article I, as
applicable.
2.5.4.3 Procedure for approval
a. In addition to the requirements of article II., all applicants shall provide as part of the application process
copies of all deed restrictions, reservations or covenants applicable to the building site, lot, plot or parcel of
land being considered for division or split, and an opinion of title that, as of a date not more than 120 days
before the planning board's decision upon the application, none of such matters prevent or serve as
exceptions to the division or split requested. No v ariance from this requirement shall be allowed.
b. In granting a division of land/lot split, the planning board may prescribe appropriate conditions and
safeguards, including, but not limited to, a condition restricting the size of new structures to be built on the
resulting lots, based upon the application's satisfaction of and consistency with the criteria in subsection
2.5.4.2, and the board's authority under subsection 2.1.2.1. Violation of such conditions and safeguards, when
made a part of the terms under which the division of land/lot split is granted, shall be deemed a violation of
these land development regulations.
2.5.4.4 Revocation procedures
The board may revoke or modify a lot split approval pursuant to the following procedures:
a. The planning director shall notify the applicant by certified mail of the failure to comply with the conditions of
the approval;
b. If, after expiration of a 15-day cure period (commencing on the date of the notice), the applicant fails to
comply with the conditions, or the applicant has exhibited repeated or intermittent noncompliance with the
conditions prior to the cure period and the planning director is concerned about further repeated or
intermittent noncompliance, the planning director shall advise the board at the next meeti ng and the board
may consider setting a public hearing for the purpose of examining the noncompliance issues;
c. If the board elects to set a public hearing, the planning director shall place the matter on the board's agenda in
a timely manner and all notice requirements imposed for lot split applications as set forth in subsection 2.2.4
shall be applicable, with the addition of notice to the applicant;
d. The board shall hold a public hearing to consider the issue of noncompliance and the possible revocation o r
modification of the approval, and, based on substantial competent evidence, the board may revoke the
approval, modify the conditions thereof, or impose additional or supplemental conditions.
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e. All other provisions applicable to revocation procedures for conditional uses as set forth in subsection 2.5.2.4
also shall be applicable to revocation procedures pursuant to this section.
ARTICLE VI – CERTIFICATES OF OCCUPANCY AND CERTIFICATES OF USE
2.6.1 CERTIFICATES OF OCCUPANCY
a. No building or structure, or part thereof, or premises, which are hereafter erected or altered, or changed in
occupancy, or land upon which a new or different use is established, shall be occupied or used until a
certificate of occupancy shall have been applied for and issued by the city building department.
b. Certificates of occupancy shall not be issued until the premises have been inspected and found to comply with
all requirements of the City Code and of these land development regulations, and with the requirements of all
other agencies having regulatory authority over the project. All applications for certificates of compliance shall
provide proof of compliance from all applicable county, state and federal regulatory agencies.
c. A record of all certificates of occupancy issued hereunder shall be kept on file in the office of the building
official
2.6.2 CERTIFICATES OF USE
a. No new building or premises or part thereof, except one -family and two-family residences. shall be occupied
until a certificate of use is issued by the city. Certificates of use shall not be issued until the premises have
been inspected and found to comply with all requirements of this Code.
i. Apartment buildings, hotels and other multiple residential occupancies containing three or more units
and occupied by only residential tenants shall require one certificate of use. Where these occupancies
contain commercial activities in addition to residential tenants. an additional certificate of use for each
commercial activity contained in the building shall be required.
ii. Industrial. office and commercial buildings being occupied by a single tenant shall require one certificate
of use. If an industrial. office or commercial building contains more than one tenant. an additional
certificate of use shall be required for each unit occupied therein.
b. A record of all certificates of use issued hereunder shall be kept on file in the department of planning.
c. Board of adjustment review. Denial of a certificate of use for lack of proper zoning shall be appealable to the
board of adjustment pursuant to Article IX “Administrative Appeals”. All appeals must be submitted to the
board of adjustment within 15 days of the date of the denial.
ARTICLE VII – COMMISSION WARRANT
2.7.1 PROCEDURES
The city commission may grant a warrant from the application of these land development regulations to a specific
development project, where the warrant improves the design of the project but does not (i) increase its floor area
ratio or density from that allowed by these land development regulat ions; (ii) allow a use not otherwise allowed by
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these land development regulations; or (iii) modify by more than 25 percent the building bulk requirements of the
land development regulations.
a. The warrant shall be granted by resolution of the city commission, and an affirmative vote of five-sevenths of
all members of the city commission shall be necessary in order to approve such resolution. The procedure for
granting a warrant shall require all of the following:
i. A public hearing approval by the design review board or historic preservation board, as applicable,
according to the applicable criteria and notice requirements set forth in the land development
regulations, which approval shall be conditioned on the subsequent approval of the application by the city
commission; and
ii. A public hearing by the commission after the design review board or historic preservation board approval,
as applicable, and noticed in accordance with the notice requirements of the design review board or
historic preservation board.
b. In reviewing an application for a commission warrant, the commission shall consider the following criteria:
i. Whether the proposed warrant is consistent and compatible with the comprehensive plan and any
applicable neighborhood or redevelopment plans.
ii. Whether the proposed warrant would create an isolated development unrelated to the adjacent
neighborhood.
iii. Whether the proposed warrant is out of scale with the needs of the neighborhood or the city.
iv. Whether the proposed warrant will adversely influence living conditions in the neighborhood.
v. Whether the proposed warrant will seriously reduce light and air to adjacent areas.
vi. Whether the proposed warrant is consistent with the sea level rise and resiliency review criteria in
chapter 7, article I, as applicable.
ARTICLE VIII – VARIANCES
2.8.1 DETERMINATION OF JURISDICTION
a. The board of adjustment shall retain jurisdiction to approve variances, except that variances associated with
an application that is approved by either the design review board or the historic preservation board shall be
reviewed by the respective board.
b. All variance requests shall be submitted to the city attorney for a determination of whether the requested
variance or administrative appeal is properly before the board of adjustment, design review board, or historic
preservation board, and whether it constitutes a change or amendment to these land development
regulations. The jurisdiction of each board shall not attach unless and until the board has before it a written
opinion from the city attorney that the subject matter of the request is properly before the board. The written
recommendations of the planning director shall be before the board prior to its consideration of any matter
before it. Comments from other departments, including, but not limited to, the public works department and
the planning department, if any, shall be incorporated into these recommendations.
2.8.2 PROHIBITED VARIANCES
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a. Under no circumstances shall a land use board grant a variance to permit a use not permitted in the zoning
district involved or any use expressly or by implication prohibited by the terms of these land development
regulations. No nonconforming use of neighboring lands, structures, or buildings in other zoning districts shall
be considered grounds for the authorization of a variance.
b. An application for a variance for the following items is prohibited: Floor area ratio, required parking (except as
provided for in these land development regulations), parking credits, a request pertaining to the reduction of
an impact fee, lot area when determining floor area ratios, maximum number of stories, or any maximum
building height variance greater than three feet. Notwithstanding the foregoing:
i. In historic districts a variance for maximum floor area ratio and parking credits for nonconforming
buildings may be approved; and
ii. For purposes of effectuating a lot split for a site (i) within an historic district, and (ii) upon which there are
two or more contributing buildings, variances for the limited purpose of achieving compliance with these
land development regulations with respect to existing floor area ratio shall be permitted. A lot split
contemplated in this subsection shall not be approved unless and until:
1. The resulting lots each contain a contributing building;
2. Each contributing building has previously received certificates of appropriateness approval from the
historic preservation board, for the proposed comprehensive restoration of the buildings and related
work;
3. The applicant provides a payment and performance bond, in form approved by the city attorney's
office, for the proposed comprehensive restoration and all other work contemplated in said board
approvals; and
4. A binding covenant, enforceable against all successors in interest which shall run with the land, shall
be recorded in the public records declaring and confirming that the floor area ratio of each of the
resulting lots shall never exceed the lesser of (A) the floor area ratio as of the date of approval of the
lot split, or (B) the floor area ratio permitted under the Code, as amended from time to time, as of
the issuance date of a full building permit for any new construction on the lot.
c. A variance for hotels of more than 20 percent of the total amount of required parking is prohibited .
Notwithstanding, should the board grant a variance pursuant to subsection 5.2.4.1.a (Table, Convention), the
parking impact fee program shall not be required.
d. No variance may be approved from the requirements of chapter 6 of the General Ordinances.
2.8.3 VARIANCE CRITERIA
a. Hardship criteria. Unless permitted as listed in subsection 2.8.3(b) as a practical difficulty variance, the
following findings must be made by the land use board in order to authorize any variance from the terms of
these land development regulations and section 6-4 and 6-41(a) and (b) of the General Ordinances:
i. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved
and which are not applicable to other lands, structures, or buildings in the same zoning district;
ii. The special conditions and circumstances do not result from the action of the applicant;
iii. Granting the variance requested will not confer on the applicant any special privilege that is denied by
these land development regulations to other lands, buildings, or structures in the same zoning district;
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iv. Literal interpretation of the provisions of these land development regulations would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district under the terms of these land
development regulations and would work unnecessary and undue hardship on the applicant;
v. The variance granted is the minimum variance that will make possible the reasonable use of the land,
building or structure;
vi. The granting of the variance will be in harmony with the general intent and purpose of these land
development regulations and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare;
vii. The granting of this request is consistent with the comprehensive plan and does not reduce the levels of
service as set forth in the plan; and
viii. The granting of the variance will result in a structure and site that complies with the sea level rise and
resiliency review criteria in chapter 7, article I, as applicable.
b. Practical difficulty variance. Reserved
2.8.4 APPLICATION AND HEARING
a. An application for a variance and the board hearing shall follow the procedures of article II. The planning
director may require applicants to submit documentation to support the finding that the variance criteria are
met prior to the scheduling of a public hearing or any time prior to the board voting on the applicant's
request.
b. In granting a variance, the board may prescribe appropriate conditions and safeguards. Violation of such
conditions and safeguards, when made a part of the terms under which the variance is granted, shall be
deemed a violation of these land development regulations.
2.8.5 BUILDING PERMIT
a. In the event the decision of the board, with respect to the original variance request, is timely appealed, 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 or court proceedings to obtain a full building permit. This tolling provision shall
only be applicable to the original approval of the board and shall not apply to any subsequent requests for
revisions or requests for extensions of time.
b. Timeframes in development agreements. The time period to obtain a full building permit set forth in
subsection 2.2.4.6 or this subsection 2.8.5(a) may be superseded and modified by a development agreement
approved and fully executed pursuant to article XI of these land development regulations, so long as the
modified time period is expressly negotiated and set forth in the executed development agreement.
c. A building permit shall not be issued until the applicant records the final order against the property in the publ ic
records of the county.
2.8.6 APPLICATION AND HEARING
a. The applicable board may revoke or modify a variance pursuant to the following procedures:
i. The planning director shall notify the applicant by certified mail of the failure to comply with the
conditions of the variance.
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ii. If, after expiration of a 15-day cure period (commencing on the date of the notice), the applicant fails to
comply with the conditions, or the applicant has exhibited repeated or intermittent noncompliance with
the conditions prior to the cure period and the planning director is concerned about further repeated or
intermittent noncompliance, the planning director shall advise the board at the next meeting and the
board may consider setting a public hearing for the purpose of examining the noncompliance issues.
iii. If the board elects to set a public hearing, the planning director shall place the matter on the board's
agenda in a timely manner and all notice requirements imposed for variance applications as set forth in
section 2.2.4.1 shall be applicable, with the addition of notice to the applicant.
iv. The applicable board shall hold a public hearing to consider the issue of noncompliance and the possible
revocation or modification of the variance and, based on substantial competent evidence, the board may
revoke the variance, modify the conditions thereof, or impose additional or supplemental conditions.
b. In determining whether substantial competent evidence exist to support revocation, modification or the
imposition of additional or supplemental conditions to the variance, intermittent noncompliance with the
conditions, as well as the frequency, degree and adverse impact of such intermittent noncompliance, may be
considered by the board.
c. In the event the board takes any of the enforcement actions authorized in this subsection, the applicant shall
reimburse the planning department for all monies expended to satisfy notice requirements and to copy,
prepare or distribute materials in anticipation of the public hearing. The applicant shall not be permitted to
submit a new application (for related or unrelated matters), nor shall an application be accepted affecting the
subject property (for related or unrelated matters), for consideration by the board of adjustment, planning
board, design review board, or historic preservation board, or the design review/historic preservation board
until repayment in full of all monies due and payable pursuant to this subsection (c).
d. In addition to all other enforcement actions available to the board, based upon a boar d finding that the
applicant has failed to comply with the conditions of the variance, the board may recommend that the city
manager or designee, in his discretion, revoke or suspend the certificate of use for the subject property or the
applicant's occupational license applicable to the business conducted at the subject property.
ARTICLE IX – ADMINISTRATIVE APPEALS
2.9.1 BOARD OF ADJUSTMENT AUTHORITY
The board of adjustment shall have the exclusive authority to hear and decide the following administrative
appeals:
a. Written determinations of the planning director. Appeals when it is alleged that there is an error in any written
determination made by the planning director in the enforcement of these land development regulations. An
applicant shall first request a written determination from the planning director and pay the applicable fees set
forth in Appendix A. Within 30 days of the issuance of a written determination by the planning director, the
determination shall be published on the city' s website for a period of at least 30 days. An eligible party, as
defined in subsection 2.9.2.(b) shall have 30 days from the publication of the determination on the city
website to appeal the determination.
b. Appeals expressly authorized under section 2.12.7 "Repair or rehabilitation of nonconforming buildings and
uses"; section 2.13.10(j) Completion of work"; and section 7.2.7.4.a, " Provisions for the demolition of single-
family homes located outside of historic districts." An eligible party, as defined in subsection 2.9.2(b), shall
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have 30 days from the date of the decision to appeal an administrative decision issued under sections 2.12.7,
2.13.10(j), or 7.2.7.4.
c. Appeals pursuant to subsection 2.5.3.3. The applicant or property owner shall have 15 days from the issuance
of the approval or denial pursuant to section 2.5.2.3, to file an appeal.
d. Appeals pursuant to subsections 2.13.7(4)(i) and 2.13.7(4)(iii). With the exception of properties located within
an RS district, an eligible party, as defined in subsection 2.9.2(b), shall have 15 days from the issuance of a
certificate of appropriateness pursuant to subsections 2.13.7(4)(i) or 2.13.7(4)(iii)) to file an appeal. For
purposes of this subsection, the date of issuance of the certificate of appropriateness s hall be the date of the
issuance of the corresponding building permit.
2.9.2 PROCEDURES FOR APPEAL
a. Timeframe to file: A petition for an administrative appeal, by an eligible party, as defined in the section, shall
be submitted to the planning director in accordance with the timeframes noted in section 2.9.1 above.
b. Eligible parties to an appeal are limited to the following:
i. Original applicant for the administrative determination, with permission of the property owner.
ii. Except for administrative appeals pursuant to subsections 2.5.3.3, "Administrative design review," 2.12.7,
"Repair or rehabilitation of nonconforming buildings and uses," 2.13.10(j), "Completion of work" and
7.2.7.4.a, "Provisions for the demolition of single-family homes located outside of historic districts", the
following:
1. The city manager on behalf of the city administration,
2. An affected person, which for purposes of this section shall mean a person owning property within
375 feet of the site or application which is the subject of the administrative appeal ;
3. Miami Design Preservation League; or
4. Dade Heritage Trust.
c. Application for appeal.
i. The petition shall be in writing and shall set forth the factual, technical, architectural, historic and legal
bases for the appeal.
ii. The petition shall be submitted by or on behalf of an eligible party.
iii. The party filing the appeal shall be responsible for providing all plans and exhibits, subject to planning
department procedures, as well as the duplication of all pertinent plans and exhibits.
iv. All administrative appeal applications are subject to the same noticing requirements as an application for
a public hearing, in accordance with subsection 2.2.4.1. The hearing applicant shall be responsible for all
associated costs and fees.
v. The planning director may engage the services of an attorney, or utilize a separate, independent, at torney
from the city attorney's office, for the purpose of representing the planning director who made the
decision that is the subject of the appeal.
d. Board of Adjustment hearing
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i. The appeal shall be “de novo” and the party appealing the administrative decision bears burden of going
forward with evidence and of persuasion before the board of adjustment The board shall have all the
powers of the officer from whom the appeal is taken. In the appeal, the planning director’s determination
is presumed to be correct.
ii. The hearing shall be conducted as a quasi-judicial hearing pursuant to subsection 2.2.4.3.
iii. The board of adjustment may, upon appeal, reverse or affirm, wholly or partly, th e order, requirement,
decision, or determination of the planning director. The concurring vote of five members of the board of
adjustment shall be necessary to reverse any order, requirement, decision, or determination of the
planning director or to decide in favor of the applicant on any matter upon which the board of adjustment
is required to pass under these land development regulations.
e. Stay of work and proceedings on appeal. No permit shall be issued for work prior to expiration of the
appeal period or final disposition of any appeal, with the exception of appeals filed pursuant to subsections
118-563(d)(1) or 118-563(d)(3). An administrative appeal to the board of adjustment stays all work on the
premises and all proceedings in furtherance of the action appealed from, unless one of the exceptions below
applies:
i. The planning director shall certify to the board of adjustment that, by reason of facts stated in the
certificate, a stay would cause imminent peril to life or property. In such a case, proceedings or work shall
not be stayed except by a restraining order, which may be granted by the board or by a court of
competent jurisdiction, upon application, with notice to the officer from whom the appeal is taken and for
good cause shown; or
ii. Associated land use board hearings may proceed to a final order, provided, however, (i) no building
permit, or certificate of occupancy, or business tax receipt, dependent upon such hearing approval, shall
be issued until the final resolution of all administrative and court proceedings as certified by the city
attorney; and (ii) the applicant for such land use board hearing shall hold the city harmless and agree to
indemnify the city from any liability or loss resulting from such proceedings.
ARTICLE X – PUBLIC BENEFIT BONUSES. RESERVED
ARTICLE XI – DEVELOPMENT AGREEMENT
2.11.1 REQUIREMENTS
The city commission may enter into a development agreement with any person within the city’s jurisdiction if:
a. The development agreement meets all of the requirements of the Florida Local Government Development
Agreement Act, Section 163.3220 et seq., Florida Statutes, as may be amended from time to time, including
but not limited to notice requirements for public hearings; and
b. Such agreement shall have been considered by the city commission after two public hearings. At the option of
the city commission, one of the public hearings may be held by the city planning board and approved by the
city commission after the city commission holds a second public hearing.
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2.11.2 EXPIRATION DATE
Commencing on January 1, 2019, a development agreement approved and fully executed pursuant to this section
may extend the expiration date for a city land use board order beyond the time periods set out in subsection
2.2.4.6. In such cases, the expiration date set forth in the approved and executed development agreement shall
control over and supersede any earlier expiration date set forth in any city land use board order.
ARTICLE XII – NONCONFORMITIES
2.12.1 PURPOSE; APPLICABILITY.
a. Nothing contained in this article XII shall be deemed or construed to prohibit the continuation of a legally
established nonconforming use, structure, or occupancy, as those terms are defined in these land
development regulations. The intent of this article XII is to encourage nonconformities to ultimately be
brought into compliance with current regulations. This section shall govern in the event of conflicts with other
regulations of this Code pertaining to legally established nonconforming uses, structures, and occupancies.
b. The term "nonconformity" shall refer to a use, building, or lot that does not comply with the regulations of
these land development regulations. Only legally established nonconformities shall have rights under this
section.
c. For purposes of this section, the term "expansion" shall mean an addition, enlargement, extension, or
modification to a structure that results in an increase in the square footage of the structure, an increase in the
occupancy as determined by the fire department, or an increase in the number of seats.
d. For the purpose of this section, "legally established" shall apply to the following circumstances:
i. A lot that does not meet the lot frontage, lot width, lot depth, or lot area requirements of the current
zoning district, provided that such lot met the regulations in effect at the time of platting.
ii. A site or improvement that is rendered nonconforming through the lawful use of eminent domain, an
order of a court of competent jurisdiction, or the voluntary dedication of property.
iii. An existing use which conformed to the code at the time the use was established.
iv. A building, use or site improvement that had received final approval thr ough a public hearing pursuant to
these land development regulations or through administrative site plan review and had a valid building
permit.
2.12.2 DETERMINATION OF NONCONFORMING USE OR BUILDING
a. The planning director shall make a determination as to the existence of a nonconforming use or building and
in so doing may make use of affidavits and investigation in addition to the data presented on the city's building
card, occupational license or any other official record of the city.
b. The question as to whether a nonconforming use or building exists shall be a question of fact and in case of
doubt or challenge raised to the determination made by the planning director, the question shall be decided
by appeal to the board of adjustment pursuant to the requirements of article IX. In making the determination
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the board may require certain improvements that are necessary to ensure that the nonconforming use or
building will not have a negative impact on the neighborhood.
c. The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to establish the
existence of a nonconforming use and the existence of nonconforming use on a part of a lot or tract shall not
be sufficient to establish a nonconforming use on the entire lot or tract.
2.12.3 CONDITIONAL USES
A use approved as a conditional use pursuant to subsection 2.5.2 of these land development regulations shall be
considered a conforming use as long as the conditions of the approval are met.
2.12.4 NONCONFORMING SIGNS
Nonconforming signs shall be repaired or removed as provided in chapter 6 of these land development
regulations. No permits for additional signs shall be issued for any use that has a non-conforming sign.
2.12.5 NONCONFORMING USE OF BUILDINGS
a. Except as otherwise provided in these land development regulations, the lawful use of a building existing at
the effective date of these land development regulations may be continued, although such use does not
conform to the provisions hereof. Whenever a nonconforming use has been changed to a conforming use, the
former nonconforming use shall not be permitted at a later date. A nonconforming use shall not be permitted
to change to any use other than one permitted in the zoning district in which the use is located.
b. A nonconforming use of a building shall not be permitted to extend throughout other parts of that building.
c. For specific regulations for nonconforming uses related to medical cannabis treatment centers and pharmacy
stores, see section 7.5.5.8.c.iv. Notwithstanding the provisions of this article XII, and notwithstanding the
provisions of section 7.5.5.8.c, a nonconforming pharmacy store or medical cannabis treatment center may be
relocated within the same building, provided that the relocated pharmacy store or medical cannabis
treatment center does not exceed 2,000 square feet in size. Such relocated pharmacy store or medical
cannabis treatment center shall be exempt from the minimum distance separation requirements of section
7.5.5.8.c.ii.4 or 5. respectively, of these land development regulations.
2.12.6 DISCONTINUANCE OF NONCONFORMING USES
a. A nonconforming use may not be enlarged, extended, intensified, or changed, except for a change to a use
permitted in the district in which the property is located.
b. If there is an intentional and voluntary abandonment of a nonconforming use for a period o f more than 183
consecutive days, or if a nonconforming use is changed to a conforming use, said use shall lose its
nonconforming status. Thereafter, subsequent occupancy and use of the land, building, or structure shall
conform to the regulations of the districts in which the property is located and any structural alterations
necessary to make the structure or building conform to the regulations of the district in which the property is
located shall be required. An intentional and voluntary abandonment of use includes, but is not limited to,
vacancy of the building or structure in which the nonconforming use was conducted, or discontinuance of the
activities consistent with or required for the operation of such nonconforming use.
c. The planning director shall evaluate the evidence of an intentional and voluntary abandonment of a
nonconforming use and determine the status of the nonconforming use. In order for a nonconforming use to
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retain a nonconforming status, the evidence, collectively, shall at a minimum demonstrate at least one of the
following:
i. Continual operation of the use;
ii. Continual possession of any necessary and valid state and local permits, building permits, licenses, or
active/pending application(s) for approval related to prolonging the existence of the use.
d. Evidence of an intentional and voluntary abandonment of a nonconforming use may include, but shall not be
limited to:
i. Public records, including those available through applicable City of Miami Beach, Miami -Dade County, and
State of Florida agencies;
ii. Utility records, including water/sewer accounts, solid waste accounts, and electrical service accounts; or
iii. Property records, including executed lease or sales contracts.
2.12.7 REPAIR OR REHABILITATION OF NONCONFORMING USES
If a building which contains a nonconforming use is repaired or rehabilitated at a cost exceeding 50 percent of the
value of the building, as determined by the building official, it shall not be thereafter used except in conformity
with the use regulations in the applicable zoning district contained in these land development regulations and all
rights as a nonconforming use are terminated. The foregoing regulations shall not apply to any building or
structure located on city-owned property or rights-of-way, or property owned by the Miami Beach Redevelopment
Agency. For nonconforming surface parking lots, see Section 5.2.9.
2.12.8 REPAIR OR REHABILITATION OF NONCONFORMING
BUILDINGS
a. Up to and including 50% value of building. Nonconforming buildings which are repaired or rehabilitated by up
to and including 50 percent of the value of the building as determined by the building official shall be subject
to the following conditions:
i. 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.
ii. Such repairs or rehabilitation shall meet the requirements of the city property maintenance standards,
the applicable Florida Building Code, and the Fire Safety Code.
iii. If located within a locally 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 XIII 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 ap plicable building or
fire safety code.
iv. 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 non-conforming in height, provided such balconies
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meet applicable floor area ratio 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.
b. More than 50% of the value of building. 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:
i. 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.
ii. 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.
iii. 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 floor area may be added if the floor area ratio
is presently at maximum or exceeded. Notwithstanding the foregoing, for multi-family residential
structures, the existing floor area, height, setbacks, minimum and average unit size, o pen 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 Building Code.
3. Increases in the size of exterior window and door opening shall not be permitted unless required by
the Florida Building Code.
iv. 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:
a. At least 75 percent of the front and street side walls, exclusive of window openings;
b. 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
c. 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 its discretion, waive the requirements of subsection
2.12.8(b)(iv)(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:
a. The structure is architecturally significant in terms of design, scale, or massing;
b. The structure embodies a distinctive style that is unique to Miami Beach or the historic district in
which it is located;
c. The structure is associated with the life or events of significant persons in the ci ty;
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d. The structure represents the outstanding work of a master designer, architect or builder who
contributed to our historical, aesthetic or architectural heritage;
e. The structure has yielded or is likely to yield information important in prehistory or hi story; or
f. 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
2.12.8(b)(iv)(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 XIII 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 2.13.1(c) 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 7, article I.
8. As applicable to the restoration of a contributing building located within a designated local historic
district, the historic preservation board may, at its discretion and subject to the certificate of
appropriateness criteria in this chapter 2 of the land development regulations, approve the
reconstruction of original interior floor plates in accordance with historical documentation or building
permit records if, prior to June 4, 1997, such floors were removed, even if the underlying lot is
currently nonconforming as to floor area ratio (FAR).
v. Development regulations for buildings not located within a locally designated historic district and not an
historic site.
1. Buildings constructed prior to 1965 and determined to be architecturally significant by the planning
director, or designee, may retain the existing floor area ratio, height, setbacks and parking credits, if
the following portions of the building remain substantially intact and are retained, preserved and
restored:
a. At least 75 percent of the front and street side facades, exclusive of window openings;
b. At least 50 percent of all upper level floor plates; and
c. At least 50 percent of the interior side walls, exclusive of window openings.
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2. For buildings satisfying the above criteria, the parking impact fee program may be utilized, provided
that all repairs and rehabilitations, and any new additions or new construction is approved by the
design review board.
3. Buildings constructed prior to 1965 and determined to be architecturally significant by the planning
director shall comply with the sustainability and resiliency requirements for new construction in
chapter 7, article I; however, the sustainability fee for such buildings shall be valued at three percent
of the total construction valuation of the building permit.
4. Buildings constructed in 1965 or thereafter, and buildings constructed prior to 1965 and determined
by the planning director not to be architecturally significant, shall be subject to the sustainabili ty and
resiliency requirements for new construction in chapter 7, article I.
5. For purposes of this subsection, the planning director shall make a determination as to whether a
building is architecturally significant according to the following criteria:
a. The subject structure is characteristic of a specific architectural style constructed in the city prior
to 1965, including, but not limited to, vernacular, Mediterranean revival, art deco, streamline
modern, post-war modern, or variations thereof;
b. The exterior of the structure is recognizable as an example of its style or period, and its
architectural design integrity has not been modified in an irreversible manner; and
c. Exterior architectural characteristics, features, or details of the subject structure remain intact.
A property owner may appeal any determination of the planning director relative to the architectural
significance of a building constructed prior to 1965 to the board of adjustment, in accordance with
the requirements and procedures of subsection 2.2.4.8.
6. Buildings constructed in 1965 or thereafter, and buildings constructed prior to 1965 and determined
by the planning director not to be architecturally significant, shall be subject to the regulations set
forth in subsection 2.12.8(b) (i)-(iii) herein.
vi. Any new construction identified in subsections (v)(4) and (5), above, 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
the highest habitable floor for a building nonconforming in height, provided such balconies meet
applicable floor area ratio 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.
c. Exceptions
i. The regulations of this subsection 2.12.8 shall not apply to any building or structure located on city -owned
property or rights-of-way, or property owned by the Miami Beach Redevelopment Agency.
ii. Unless superseded by the provisions in section 7.2.2, single-family homes shall be treated the same as
other buildings, in determining when an existing structure’s lot coverage, height and setbacks may
remain.
iii. Single-family districts. Notwithstanding the provisions of this subsection 2.12.7, the following provisions
shall apply to existing single-family structures in single-family districts:
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1. Existing single-family structures that are nonconforming as to the provisions of sections 7.2.2.3.b may
be repaired, renovated, or rehabilitated, regardless of the cost of such repair, renovation, or
rehabilitation, notwithstanding the provisions of this article. Should such an existing structure
constructed prior to October 1, 1971, be completely destroyed due to fire, casualty, or other
catastrophic event, through no fault of the owner, such structure may be reconstructed regardless of
the applicable requirements in section 7.2.2.3 that are in effect at the time of the destruction of the
structure.
2. Existing garages, carports, pergolas, cabanas, gazebos, guest/servant quarters, decks, swimming
pools, spas, tennis courts, sheds, and similar accessory structures may be rebuilt consistent with
existing non-conforming setbacks, unit size, and lot coverage, at a higher elevation, in accordance
with the following provisions:
a. The yard elevation of the property shall be raised to a minimum of adjusted grade;
b. The structure shall be re-built in the same location as originally constructed; provided that the re-
built structure has no less than a four-foot setback from all property lines; and
c. The structure shall be rebuilt to be harmonious with the primary structure.
iv. Notwithstanding the provisions in this section 2.12.8 in the event of a catastrophic event, including, but
not limited to, fire, tornado, tropical storm, hurricane, or other act of God, which results in the complete
demolition of a building or damage to a building that exceeds 50 percent of the value of the building as
determined by the building official, such building may be reconstructed, repaired or rehabili tated, and the
structure's floor area, height, setbacks and any existing parking credits may remain, if the conditions set
forth in subsection 2.12.8 (a)(i)—(iv) herein are met. However, the structure’s first floor elevation shall be
required to meet all applicable provisions of these land development regulations.
v. Hotel and accessory uses. Notwithstanding the provisions in this section 2.12.8, nonconforming buildings
containing a nonconforming hotel use located on the north side of Belle Isle, and not with in a local
historic district, may be reconstructed to a maximum of 50 percent of the floor area of the existing
building, provided that the uses contained within the hotel are not expanded in any way, including, but
not limited to, the number of hotel units and accessory food and beverage uses, the nonconformity of the
building is lessened, and required parking for the reconstruction is satisfied within the property, resulting
in an improved traffic circulation in the surrounding neighborhoods with a minimu m reduction of 50
percent of the daily trips on adjacent two-lane, arterial roadways, and improving the resiliency of the
building. The nonconforming use may remain.
vi. Gasoline service stations.
1. Notwithstanding the provisions of this subsection 2.12.8, a nonconforming gasoline service station
that provides a generator or other suitable equipment that will keep the station operational, and
which has been damaged, repaired or rehabilitated by more than 50 percent of the value of the
building as determined by the building official pursuant to the standards set forth in the Florida
Building Code may be repaired or rehabilitated, if the following conditions are met:
a. The entire building and any new addition shall meet all requirements of the city property
maintenance standards, the applicable Florida Building Code and the Life Safety Code.
b. The entire building and any new addition shall comply with the current development regulations
in the zoning district in which the property is located, including, but not limited to all landscape
requirements. New monument-style signs shall be required. Pole signs shall be prohibited.
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c. No new floor area may be added if the floor area ratio is presently at maximum or exceeded.
2. Necessary repairs to add an emergency electrical generator and related facilities to a nonconforming
gasoline service station shall be permitted.
3. A nonconforming gasoline service station that provides a generator or other suitable equipment that
will keep the station operational, may add new floor area (oth er than floor area strictly necessary to
house an emergency electrical generator and related facilities), or convert existing floor area or land,
to add new accessory uses, such as a convenience sales area or a car wash, subject to conditional use
approval, notwithstanding the nonconforming status of the gasoline service station.
2.12.9 BUILDING NONCONFORMING IN HEIGHT, DENSITY,
PARKING, FLOOR AREA RATIO OR BULK
Except as provided in this article XII, a nonconforming building shall not be altered or extended, unless such
alteration or extension decreases the degree of nonconformity but in no instance shall the floor area requirements
of any unit which is being altered or extended be less than the requ ired floor area set forth in the applicable zoning
district.
ARTICLE XIII – HISTORIC PRESERVATION
2.13.1 GENERALLY
a. Intent.
It is hereby declared by the city commission that the preservation and conservation of properties of historical,
architectural and archeological merit in the city is a public policy of the city and is in the interest of the city's future
prosperity.
b. Purpose.
The general purpose of these regulations is to protect and encourage the revitalization of sites and districts within
the city having special historic, architectural or archeological value to the public. This general purpose is reflected
in the following specific goals:
i. The identification of historic sites and districts;
ii. The protection of such historic sites and districts to combat urban blight, promote tourism, foster civic
pride, and maintain physical evidence of the city's heritage;
iii. The encouragement and promotion of restoration, preservation, rehabilitation and reuse of historic sites
and districts by providing technical assistance, investment incentives, and facilitating the development
review process;
iv. The promotion of excellence in urban design by assuring the compatibility of restored, rehabilitated or
replaced structures within designated historic districts; and
v. The protection of all existing buildings and structures in the city's designated historic districts or on
designated historic sites from unlawful demolition, demolition by neglect and the failure of property
owners to maintain and preserve the structures.
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c. Scope, policies.
i. Scope. Unless expressly exempted by () subsection (d)of this section 2.13.1, 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 section 2.13.9, 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 appeara nce or architectural
integrity.
ii. Policies.
1. After-the-fact certificates of appropriateness for demolition. In the event any demolition as described
above or in this subsection ii) should take place prior to historic preservation board review, the
demolition order shall be conditioned to require the property owner to file “n "after-the-f”ct"
application for a certificate of appropriateness for demolition to the historic preservation board,
within 15 days of the issuance of the demolition order. “o "after-the-f”ct" 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 t“e "after-the-f”ct" 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 chapter 1 of these land development regulations; or by
enforcement procedures as set forth in the Charter and penalties as provided in section 1-14, General
Ordinances.
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 to any request for an
"after- the-fact" certificate of appropriateness. This presumption may be rebutted, and the hi storic
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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 section 2.13 of
these land development regulations.
d. Exemptions. The following permits are exempt from the regulations of subsection 2.13.1.(c):
i. 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.
ii. 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 section 2.13.9, 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.
iii. Any permit issued for an existing structure in a designated historic district which has been specifically
excluded from the district.
2.13.2 HISTORIC PRESERVATION BOARD REVIEW OF PROJECTS
a. Review requests for public improvements
The historic preservation board shall review public improvements upon public rights -of-way and easements
located within a historic district and materially affecting any public right-of-way, public easement, building,
structure, improvement, landscape feature, public interior or site individually designated in accordance with
section 2.13.9. For purposes hereof, public improvements shall include, but not be limited to, structures,
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streetscape projects, street improvements or redesign, modifications to street lighting or signage, landscaping
projects, medians, and above ground utilities; however, public improvements shall exclude routine maintenance
and utility repair work.
b. Proceedings before the historic preservation board.
i. Oath. Any person appearing before the historic preservation board on an application for a certificate of
appropriateness shall be administered the following oath by any person duly authorized under the laws of
the state to administer oaths:
"I, ___________, hereby swear under oath that any and all testimony to be given by me in this
proceeding is the truth, the whole truth, and nothing but the truth, so help me God."
Any person giving false testimony before the historic preservation board shall be subject to the maximum
penalty provided by law.
ii. Issuance of order. After the board has heard all evidence regarding a request, it shall issue a written order
setting forth its decision and the findings of fact upon which the decision is based. A copy of the board's
order shall be promptly mailed to the applicant.
iii. Withdrawal or final denial. Upon the withdrawal or final denial o f an application for any certificate of
appropriateness from the historic preservation board, a new application cannot be filed within six months
of the date of the withdrawal or denial unless, however, the decision of the board taking any such final
action is made without prejudice. An application may be withdrawn without prejudice by the applicant as
a matter of right if such request is signed by the applicant and filed with the planning department prior to
the matter being considered by the board; otherwise, all such requests for withdrawal shall be with
prejudice. The historic preservation board may permit withdrawals without prejudice at the time the
application for such certificate of appropriateness is considered by such board. No application may be
withdrawn after final action has been taken.
iv. Recording of certificate of appropriateness. After a certificate of appropriateness has been ordered by the
board, the city shall record in the public records of the county the order of the board. No building permit,
demolition permit, certificate of occupancy, certificate of completion or licensing permit shall be issued
until proof of recordation has been submitted. Only the historic preservation board is empowered to
release any conditions of its recorded order.
v. Deferrals and continuances.
1. An applicant may defer an application before the public hearing only one time. The request to defer
shall be in writing. When an application is deferred, it shall be re-noticed at the applicant's expense.
In the event that the application is not presented to the historic preservation board for approval at
the meeting date to which the application was deferred, the application shall be deemed null and
void.
2. The board may continue an application to a date certain at either the request of the applicant or at its
own discretion. In the event the application is so continued, not less than 15 days prior to the new
public hearing date, a description of the request, and the time and place of such hearing shall be
advertised in a newspaper of general circulation within the municipality at the expense of the city.
3. In the event the application is continued due to the excessive length of an agenda or in order for the
applicant to address specific concerns expressed by the board or staff, the applicant shall present for
approval to the board a revised application inclusive of all required exhibits which attempt to address
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the concerns of the board or staff for the date certain set by the board, which shall be no more tha n
120 days after the date on which the board continues the matter.
4. In the event that the applicant fails to timely present for distribution to the board, a revised
application as described above within 120 days of the date the application was continued, t he
application shall be deemed null and void.
5. Deferrals or continuances for a specific application shall not exceed one year cumulatively for all such
deferrals, or continuances made by the board, or the application shall be deemed null and void.
vi. Timeframes.
1. Timeframes to obtain a building permit. The applicant shall have up to 18 months, or such lesser time
as may be specified by the board, from the date of the board meeting at which a certificate of
appropriateness was issued to obtain a full building permit or a phased development permit. The
foregoing 18-month time period, or such lesser time as may be specified by the board, includes the
time period during which an appeal of the decision of the historic preservation board may be filed. If
the applicant fails to obtain a full building permit or phased development permit within 18 months, or
such lesser time as may be specified by the board, of the board meeting date at which a certificate of
appropriateness was granted or construction does not commence and proceed in accordance with
said permit and the requirements of the applicable Florida Building Code, the certificate of
appropriateness shall be deemed null and void. Extensions for good cause, not to exceed a total of
one year for all extensions, may be granted by the historic preservation board, at its sole discretion,
provided the applicant submits a request in writing to the planning department no later than 90
calendar days after the expiration of the original approval, setting forth good cause for such an
extension. At the discretion of the planning director, an applicant may have up to 30 days (not to
extend beyond 30 months from the date of original approval) to complete the building permit review
process and obtain a full building permit, provided that within the time provided by the board to
obtain a full building permit a valid full building permit application and plans have been filed with the
building department, a building permit process number has been issued and the planning department
has reviewed the plans and provided initial comments.
Please refer to section 2.2.4.8 relating to appealed orders and tolling.
2. Timeframes in development agreements. The time period to obtain a full building permit or phased
development permit set forth in subsection (vi)(1) may be superseded and modified by a
development agreement approved and fully executed pursuant to Article XI of these land
development regulations, so long as the modified time period is expressly negotiated and set forth in
the executed development agreement.
2.13.3 MAINTENANCE OF DESIGNATED PROPERTIES AND
DEMOLITION BY NEGLECT
a. The owner of any building, structure, improvement, landscape feature, public interior or site individually
designated in accordance with section 2.13.9, or located within an historic district, whether vacant or
inhabited, shall be required to properly maintain and preserve such building or structure in accordance with
standards set forth in the applicable Florida Building Code, this article and this Code. For purposes of this
article, demolition by neglect is defined as any failure to comply with the minimum required maintenance
standards of this section, whether deliberate or inadvertent.
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i. Required minimum maintenance standards. It is the intent of this section to preserve from deliberate or
inadvertent neglect, the interior, exterior, structural stability and historic and architectural integrity of any
building, structure, improvement, landscape feature, public interior or site individually designated in
accordance with subsection 2.13.9, or located within an historic district, whether vacant or inhabited. All
such properties, buildings and structures shall be maintained according to minimum maintenance
standards, preserved against decay, deterioration and demolition and shall be free from structural defects
through prompt and corrective action to any physical defect which jeopardizes the building’s historic,
architectural and structural integrity; such defects shall include, but not be limited to, the follo wing:
1. Deteriorated or decayed facades or façade elements, including, but not limited to, facades which may
structurally fail and collapse entirely or partially;
2. Deteriorated or inadequate foundations;
3. Defective or deteriorated flooring or floor supports or any structural members of insufficient size or
strength to carry imposed loads with safety;
4. Deteriorated walls or other vertical structural supports, or members of walls, partitions or other
vertical supports that split, lean, list or buckle due to defective material or deterioration;
5. Structural members of ceilings, roofs, ceiling and roof supports or other horizontal members which
sag, split or buckle due to defective material or deterioration;
6. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including
broken or missing windows or doors;
7. Defective or insufficient weather protection which jeopardizes the integrity of exterior or interior
walls, roofs or foundation, including lack of paint or weathering due to lack of paint or other
protective covering;
8. Any structure which is not properly secured and is accessible to the general public; or
9. Any fault or defect in the property that renders it structurally unsafe or not properly watertight;
10. The spalling of the concrete of any portion of the interior or exterior of the building.
ii. Notice, administrative enforcement and remedial action. If any building, structure, improvement,
landscape feature, public interior or site individually designated in accordance with sec tion 2.13.9, or
located within an historic district, in the opinion of the historic preservation board, planning director or
designee, or the city's building official or designee, falls into a state of disrepair so as to potentially
jeopardize its structural stability or architectural integrity, or the safety of the public and surrounding
structures, or fails to satisfy any of the required minimum maintenance standards above, the planning
director or designee, or the city's building official or designee shall have right of entry onto the subject
property and may inspect the subject property after 48 hours' notice to the owner of intent to inspect. In
the event the property owner refuses entry of any city official onto the subject property, the city may file
an appropriate action compelling the property owner to allow such officials access to the subject property
for an inspection. Upon completion of the inspection of the subject property, a report delineating the
findings of such inspection, as well as any remedial action required to address any violation of the
required minimum maintenance standards, shall be immediately transmitted to the property owner. The
city may require that the property owner retain a professional structural engineer, registered in the state,
to complete a structural evaluation report to be submitted to the city. Upon receipt of such report, the
property owner shall immediately take steps to effect all necessary remedial and corrective actions to
restore the structure's or building's compliance with the required minimum maintenance standards
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herein; remedial action in this regard shall include, but not be limited to, the structural shoring,
stabilization or restoration of any or all exterior walls, including their original architectural details, interior
loadbearing walls, columns and beams, roof trusses and framing, the blocking of openings and securing of
existing windows and door openings, as well as sealing of the roof surface against leaks, including from
holes, punctures, open stairwells, elevator shafts and mechanical systems roof penetrations as necessary
to preserve the building or structure in good condition. The owner shall substantially complete such
remedial and corrective action within 30 days of receipt of the report, or wit hin such time as deemed
appropriate by the building official, or designee, in consultation with the planning director or designee.
Such time may be extended at the discretion of the city's building official, in consultation with the
planning director.
iii. Injunction and remedial relief. If the owner of the subject property, in the opinion of the city's building
official, fails to undertake and substantially complete the required remedial and corrective action within
the specified time frame, the city may, at the expense of the owner, file an action seeking an injunction
ordering the property owner to take the remedial and corrective action to restore the structure's or
building's compliance with the required minimum maintenance standards herein and seeking civi l
penalties as herein provided; Such civil action may only be initiated at the discretion of the city manager
or designee. The court shall order an injunction providing such remedies if the city proves that the
property owner has violated the required mini mum maintenance standards or any portion of this article
or this code.
iv. Civil penalties. Violation of this article shall be punishable by a civil penalty of up to $5,000.00 per day, for
each day that the remedial and corrective action is not taken.
b. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of an y building,
structure, improvement, landscape feature, public interior or site individually designated in accordance with
section 2.13.9, or located within an historic district which does not involve a change of design, appearance or
material, and which does not require a building permit or certificate of appropriateness. Any building,
structure, improvement, landscape feature, public interior or site individually designated in accordance with
section 2.13.9, or located within an historic district that is the subject of an application for a certificate of
appropriateness for demolition shall not have its architectural features removed, destroyed or modified until
the certificate of appropriateness is granted. Owners of such property shall be required to main tain such
properties in accordance with all applicable codes up to the time the structure is demolished.
c. Vacant buildings and structures. The owner of any building, structure, improvement, landscape feature, public
interior or site individually designated in accordance with section 2.13.9, or located within an historic district
which is proposed to be vacated and closed, or is vacated and closed for a period of four weeks or more, shall
make application for certificate of appropriateness approval and a building permit to secure and seal such
building or structure. The owner or the owner's designated representative, shall notify the city's building
official and planning director, or their designees, in writing of the proposed date of vacating such building o r
structure.
i. Inspection of premises and sealing of property. Upon receipt of written notification to vacate, a visual
walk-through inspection of the subject premises may be required, at the discretion of the building official
to ascertain the general condition of the building. Such inspection shall include, but not be limited to, a
visual inspection of the structural system to the greatest extent possible, exterior and interior walls, roofs,
windows, doors and special architectural features, as well as sit e features. Upon completion of such
inspection, the building official, shall notify the owner in writing of the findings of the inspection. If the
subject structure fails to comply with the required minimum maintenance standards herein, all remedial
and corrective action necessary to restore the structure's or building's compliance with the required
minimum maintenance standards herein shall be undertaken by the property owner, to the satisfaction of
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the building official and the planning director, or their respective designees, before any sealing or closing
of the structure shall be permitted. The owner of such building or structure shall be required to obtain
certificate of appropriateness approval and a building permit for any and all such remedial and co rrective
work; upon completion of the work, the building official and planning director, or their designees, may
reinspect the subject building or structure to determine whether all work has been completed in
compliance with the approved plans. Upon determination of completion, the owner of the subject
structure shall file application for certificate of appropriateness approval and a building permit to seal and
secure the building.
ii. Reinspection of premises. If at any time during the vacancy of the structure the building should fail to
comply with the required minimum maintenance standards herein and fall into a state of disrepair
constituting demolition by neglect, or is in violation of any portion of this subsection 2.13.3, such
premises shall be subject to all maintenance and enforcement provisions of this subsection 2.13.3, as well
as all of the city's building and property maintenance standards contained in the General Ordinances and
the Florida Building Code enforceable by the city using all available means.
iii. Enforcement and remedial action. Failure to comply with remedial action required by the planning
director or building official, or designee, may result in city action to ensure the protection of public safety
and the stabilization and preservation of the architectural integrity of the building or structure. Such
measures shall all be undertaken at the expense of the owner, including, but not limited to, the city filing
an action to order the property owner to take all required corrective action and s eeking to impose civil
penalties.
d. Any and all liens referenced or imposed hereafter, based on the foregoing provisions, shall be treated as
special assessment liens against the subject real property, and until fully paid and discharged, shall remain
liens equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all
other liens, encumbrances, titles and claims in, to or against the real property involved; the maximum rate of
interest allowable by law shall accrue to such delinquent accounts. Such liens shall be enforced by any of the
methods provided in Chapter 86, Florida Statutes or, in the alternative, foreclosure proceedings may be
instituted and prosecuted under the provisions applicable to practice, plead ing and procedure for the
foreclosure of mortgages on real estate set forth in Florida Statutes, or may be foreclosed per Ch apter 173,
Florida Statutes, or the collection and enforcement of payment thereof may be accomplished by any other
method authorized by law. The owner or operator shall pay all costs of collection, including reasonable
attorney fees, incurred in the collection of fees, service charges, penalties and liens imposed by virtue of this
section.
i. There shall be no variances, by either the board of adjustment or the historic preservation board, from
any of the provisions contained in this subsection 2.13.3.
2.13.4 UNAUTHORIZED ALTERATIONS
When the historic preservation board or planning department determines that a building, structure, improvement,
landscape feature, public interior or site located within a historic district or a building, structure, improvement, site
or landscape feature which has been designated "historic" pursuant to this section has been altered in violation of
this section, the board or planning department staff may notify the city's department of code compliance to
initiate enforcement procedures. Any such property altered without obtaining a certificate of appropriateness
must make application to the historic preservation board for an "after-the-fact" certificate of appropriateness prior
to any further work taking place on site. The historic preservation board shall determine whether the property
shall be returned to its condition during the period of historic significance prior to the alteration. Failure to comply
with this subsection shall be punished by the imposition of fines and liens of up to $250.00 per day and $500.00
per day for repeat violations as provided in chapter 30, General Ordinances.
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2.13.5 HISTORIC PROPERTIES DATABASE
a. Historic buildings, historic structures, historic improvements, historic landscape features, historic public
interiors and contributing buildings within a historic district shall be listed as such in the city historic properties
database maintained by the planning department. A building not listed or listed as "noncontributing" on the
historic properties database shall not preclude its classification or review pursuant to the certificate of
appropriateness process. Buildings and structures that are located in a locally designated historic district but
have not been individually designated "historic" pursuant to division 4 of this article shall also be listed in the
city historic properties database and classified as either contributing or noncontributing as defined in chapter
1 of these land development regulations.
b. Except as elsewhere provided in these land development regulations, the historic properties database may be
revised from time to time by the historic preservation board according to the procedures set forth in this
paragraph. Prior to making any revision to the city historic properties database, the board shall hold a public
hearing to consider the revision. The owner of any property considered for listing or revision of classificati on in
the database shall receive notice of such hearing at least 15 days prior to the hearing. The hearing shall also be
advertised in a newspaper of general circulation in the city at least 15 days prior to the hearing.
Notwithstanding any other provisions of this section, after May 14, 1994 properties shall not be added to the
database as "historic" or reclassified as "historic" in the database unless they have been designated as
"historic" pursuant to the procedures set forth in section 2.13.9. In determining whether a property classified
in the database as historic should be reclassified, the board shall utilize the designation criteria in subsection
2.13.9(b).
2.13.6 VARIANCES PROHIBITED
No variances shall be granted by the zoning board of adjustment from any of the procedural or review
requirements of the historic preservation board; provided, however, the foregoing prohibition shall not limit or
restrict an applicant's right to a rehearing or to appeal decisions of the historic preservation board.
2.13.7 ISSUANCE OF CERTIFICATE OF
APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION
a. General requirements
i. A certificate of appropriateness issued under this chapter shall be required prior to the issuance of any
permit for new construction, demolition, alteration, rehabilitation, renovation, restoration, signage or any
other physical modification affecting any building, structure, improvement, landscape feature, public
interior or site individually designated in accordance with section 2.13.9, or located within an historic
district unless the permit applied for is exempted pursuant to subsection 2.13.1(c), or prior to any
construction, demolition, alteration, rehabilitation, signage or any other exterior or public interior
physical modification, whether temporary or permanent, without a permit, being undertaken. A
certificate to dig shall be required prior to the initiation of any development involving the excavation or
fill on a historic site or in a historic district designated as archaeologically significant pursuant to the
provisions of this article. The procedure to obtain a certificate to dig, or to designate a historic site as
archaeologically significant, shall be the same as for a certificate of appropriateness.
ii. Certificate of appropriateness conditions and safeguards. In granting a certificate of appropriateness, the
historic preservation board and the planning department may prescribe appropriate conditions and
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safeguards, either as part of a written order or on approved plans. Violation of such conditions and
safeguards, when made a part of the terms under which the certificate of appropriateness is granted,
shall be deemed a violation of these land development regulations.
b. Application
i. An application for a certificate of appropriateness may be filed with the historic preservation board at the
same time or in advance of the submission of an application for a building permit. Copies of all filed
applications shall be made available for inspection by the general public.
ii. All applications for historic preservation board review involving demolition, new building construction,
alteration, rehabilitation, renovation, restoration or any other physical modification of any building,
structure, improvement, landscape feature, public interior or site individually designated in accordance
with section 2.13.9, or located within an historic district shall be on a form provided by the planning
department and shall include such information and attached exhibits as the board and the planning
department determine are needed to allow for complete evaluation of the proposed demolition,
construction and other physical improvements, alterations or modifications including, but not limited to,
the following:
1. Written description of proposed action.
2. Survey.
3. Complete site plan.
4. Materials containing detailed data as to architectural elevations and plans showing proposed changes
and existing conditions to be preserved.
5. Preliminary plans showing new construction in cases of demolition.
6. An historic resources report, containing all available data and historic documentation regarding the
building, site or feature.
7. Any application which involves substantial structural alterations to or the substantial or full
demolition of any building, structure, improvement, significant landscape feature, public interior or
site individually designated in accordance with section 2.13.9, or located within an historic district,
with the exception of non-substantial exterior structural repairs, alterations and improvements (as
may be more specifically defined by the board in its by -laws and application procedures), shall be
required to include a structural evaluation and corrective action report prepared by a professional
(structural) engineer, licensed in the state as a part of the application at time of submission. A
financial analysis or feasibility study addressing the demolition proposed shall not be required by the
historic preservation board in their evaluation. For non -substantial exterior structural repairs,
alterations and improvements (as may be more specifically defined by the board in its by -laws and
application procedures), a signed and sealed engineering drawing shall be required. The structural
evaluation and corrective action report shall include, but not be limited to, the following:
I Review and analysis of structural conditions, based upon the engineer's direct on -site
inspection and analysis of the structural condition of the subject property, as well as any and
all earlier structural records and drawings, as may be available. This shall include
documentation, in the form of photographs, plans, elevations, and written descriptions, of
any and all areas, portions, or elements of the building or structure that shows existing or
potential structural problems or concerns, in full accordance with the requirements of the
building official.
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II Results of testing and analysis of structural materials and concrete core samples, taken at a
sufficient number of locations in and about the building, inclusive of but not limited to
foundations, columns, beams, walls, floors and roofs. The report shall professionally analyze
and evaluate the compressive strength, chloride content, and overall structural condition of
each and every core sample and assess the condition of all other structural elements or
systems in the building or structure, regardless of material, that may be of structural
concern.
III Proposed corrective measures and monitoring of the work, including detailed plans,
elevations, sections and specifications, as well as written descriptions of any and all
structural corrective measures that will be undertaken for any and all areas, portions, or
elements of the building or structure that may be of structural concern. These documents
shall contain sufficient supporting evidence to establish that the corrective measures
proposed will be adequate to restore and preserve the structural integrity of the identified
areas, portions, or elements to be preserved, including a written and detailed description of
the process by which the proposed corrective work will proceed, as well as the sequencing
of the work. Finally, a written verification shall be included stating that all structural
conditions throughout the building or structure shall be closely monitored by a special
inspector, approved by the building department and employed by the applicant, during the
course of all demolition, new construction, and bracing and shoring work. This provision is
required in order to immediately identify any and all adverse changes in the structural
integrity or stability of the subject building or structure during the course of the work,
inclusive of architectural features. The special inspector shall provide expeditious direction
to the contractor specific to how the observed adverse changes shall be quickly and properly
stabilized and permanently corrected. This information shall be immediately conveyed to the
city's planning and building departments for their review and any necessary actions.
IV Proposed methodology and process for demolition, including detailed plans, elevations,
sections and specifications, as well as a written description of any and all temporary shoring
and bracing measures and all measures required to protect the safety of the public and
workers. These measures shall be fully implemented and in place prior to and during the
course of any demolition and construction activity on the subject property. The documents
shall contain sufficient supporting evidence to establish that the corrective measures
proposed will be adequate to restore and preserve the structural integrity of the identified
areas, portions, and elements, including a written and detailed description of the proposed
process and sequencing of demolition, as well as a detailed description of the demolition
methods to be utilized. Finally, a written verification shall be included stating that all work as
described above shall be closely monitored during the course of work by a special inspector
approved by the building department. This inspector shall be employed by the applicant.
V A signed and sealed certification that the structural integrity and stability of the subject
building(s)/structure(s), and its architectural features, shall not be compromised in any way
during the course of any and all proposed work on the subject site.
8. The historic preservation board, for applications involving the full demolition of any contributing
building, structure or site individually designated in accordance with section 2.13.9, or located within
an historic district, may request the city to retain a licensed independent structural engineer, with
expertise in historic structures, to perform an independent evaluation of the structure proposed to
be demolished. The city commission, in its sole discretion, may review the request and appropriate
funds to cover the costs associated with the retention of such engineer. The planning department
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shall select the independent structural engineer from a qualified list it maintains. If it is determined
by the independent structural engineer that the building, structure or site can be retained, preserved
or restored, and a certificate of appropriateness is issued based upon such determination, then the
property owner shall reimburse the city for all costs it paid to such engineer, and the property may be
liened to assure payment. If it is determined by the independent structural engineer that the
building, structure or site cannot be retained, preserved or restored, then the city shall bear the
responsibility of all costs incurred by such independent structural engineer.
9. Commercial and mixed-use developments over 5,000 new gross square feet and multifamily projects
with more than four new units or 15,000 new gross square feet shall submit a transportation analysis
and mitigation plan, prepared by a professional traffic engineer, licensed and registered in the State
of Florida. The analysis and plan shall at a minimum provide the following:
a. Details on the impact of projected traffic on the adjacent corridors, intersections, and areas to be
determined by the city.
b. Strategies to mitigate the impact of the proposed development on the adjacent transportation
network, to the maximum extent feasible, in a manner consistent with the adopted
transportation master plan and adopted mode share goals.
c. Whenever possible, driveways shall be minimized and use common access points to reduce
potential turn movements and conflict points with pedestrians.
d. Applicable treatments may include, without limitation, transportation demand management
strategies included in the transportation element of the comprehensive plan.
c. Review procedure.
Any applicant requesting a public hearing on any application pursuant to this section shall p ay, upon submission,
the applicable fees in subsection 2.2.3.5. No application shall be considered complete until all requested
information has been submitted and all applicable fees paid.
i. All quasi-judicial public hearing applications involving demolition, new construction, alteration,
rehabilitation, renovation, restoration or any other physical modification of any building, structure,
improvement, significant landscape feature, public interior or site individually designated in accordance
with section 2.13.9 , or located within an historic district shall be placed on the next available agenda of
the historic preservation board for its review and consideration after the date of receipt of a completed
application.
ii. The historic preservation board shall decide, based upon the criteria set forth in subsection
2.13.7(d)(vi)(4) whether or not to issue a certificate of appropriateness for demolition. A demolition
permit shall not be issued until all of the following criteria are satisfied, except as permitted un der
subsection 2.13.7(d)(vi)(4):
1. The issuance of a building permit process number for the new construction;
2. The building permit application and all required plans for the new construction shall be reviewed and
approved by the Planning Department;
3. All applicable fees for the new construction shall be paid, including, but not limited to, building
permit and impact fees, as well as applicable concurrency and parking impact fees;
4. A tree survey, if required, shall be submitted and a replacement plan, if required, shall be reviewed
and approved by the Greenspace Management Division;
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5. All debris associated with the demolition of the structure shall be recycled, in accordance with the
applicable requirements of the Florida Building Code.
iii. All applications for a certificate of appropriateness for the demolition or partial demolition of any
building, structure, improvement, significant landscape feature, public interior or site individually
designated in accordance with section 2.13.9, or located within an historic district and all applications for
a certificate of appropriateness for new building construction, alteration, rehabilitation, renovation,
restoration or any other physical modification of any building, structure, improvement, significant
landscape feature, public interior or site individually designated in accordance with section 2.13.9, or
located within an historic district shall only be considered by the board following a public hearing and
shall comply with the notice requirements in accordance with section 2.2.4.1.
iv. Notwithstanding subsections 2.13.7(c)(i) through (iii) above, all applications for certificates of
appropriateness involving minor repairs, demolition, alterations and improvements (as defined below and
by additional design guidelines to be adopted by the board in consultation with the planning director)
shall be reviewed by the staff of the board. The staff shall approve, approve with conditions, or deny a
certificate of appropriateness or a certificate to dig after the date of receipt of a completed application.
For purposes of this paragraph, the application requirement of certificate of appropri ateness review shall
be satisfied by the submission of a corresponding building permit application, or such other permit
application form required by the planning department. Such minor repairs, alterations and improvements
include the following:
1. Ground level additions to existing structures, not to exceed two stories in height, which are not
substantially visible from the public right-of-way (excluding rear alleys), any waterfront or public
parks, provided such ground level additions do not require the de molition or alteration of
architecturally significant portions of a building or structure. For those lots under 5,000 square feet,
the floor area of the proposed addition may not exceed 30 percent of the floor area of the existing
structure or primary lot, whichever is less, with a maximum total floor area not to exceed 1,500
square feet. For those lots between 5,000 square feet and 10,000 square feet, the floor area of the
proposed addition may not exceed 20 percent of the floor area of the existing struct ure or primary
lot, whichever is less, with a maximum total floor area not to exceed 2,000 square feet. For those lots
greater than 10,000 square feet, the floor area of the proposed addition may not exceed 10 percent
of the floor area of the existing structure or primary lot, whichever is less, with a maximum total floor
area not to exceed 5,000 square feet.
2. Replacement of windows, doors, storefront frames and windows, or the approval of awnings,
canopies, exterior surface colors, storm shutters and signs .
3. Facade and building restorations, recommended by staff, which are consistent with historic
documentation, provided the degree of demolition proposed is not substantial or significant and does
not require the demolition or alteration of architecturally s ignificant portions of a building or
structure.
4. Minor demolition and alterations to address accessibility, life safety, mechanical and other applicable
code requirements, provided the degree of demolition proposed is not substantial or significant and
does not require the demolition or alteration of architecturally significant portions of a building or
structure.
5. Minor demolition and alterations to rear and secondary facades to accommodate utilities, refuse
disposal and storage, provided the degree of demolition proposed is not substantial or significant and
does not require the demolition or alteration of architecturally significant portions of a building or
structure.
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v. For certificates of appropriateness issued pursuant to subsection 2.13.7 (c)(iv), with the exception of
certificates of appropriateness for awnings, canopies. exterior surface colors. storm shutters, and signs,
the applicant shall mount a laminated posting. in a form prescribed by the planning director. at the front
of the property in a manner and location clearly visible from the public right- of-way. indicating that an
application for a certificate of appropriateness has been filed. The applicant shall provide evidence to the
planning director that the posting has been installed on site prior to the issuance of a building permit. The
posting shall be for informational purposes only and the validity of any building permit or certificate of
appropriateness shall not be affected by any failure to mount or continuously maintain the posting
throughout any applicable appeal period established in section 2.9.1(d). Any certificate of appropriateness
issued pursuant to subsection 2.13.7(c)(iv)(1) or 2.13.7(c)(iv)(3), may be appealed to the board of
adjustment pursuant to the requirements of article IX.
vi. The approval of a certificate of appropriateness shall not excuse the applicant from responsibility to
comply with all other zoning and building laws and regulations of the city, county and state, including the
receipt of applicable zoning variances, site plan approvals and building permits except as provided for in
subsection 2.13.1(c).
vii. The historic preservation board may at its sole discretion, on an individual, ca se-by-case basis, allow a
two-step process for approval of a certificate of appropriateness. The two-step process shall consist of,
first, a binding, preliminary concept approval on the issues of urbanism, massing and siting; and second,
approval of the project's design details (style, fenestration, materials, etc.). This two-step process shall be
subject to the following:
1. The historic preservation board shall have the sole discretion, on an individual, case-by-case basis, to
decide which development projects may qualify for this two-step approval process for a certificate of
appropriateness.
2. In the event the historic preservation board should authorize the two -step approval process, the
applicant shall have a maximum of 120 days from the date of preliminary concept approval on the
issues of urbanism, massing and sitting, to return to the board with fully developed design drawings
and substantial details (style, fenestration, materials, etc.) for final approval, or the entire application
shall become null and void. The applicant shall have six months from the date of preliminary concept
approval on the issues of urbanism, massing and siting, to obtain final approval for the remainder of
the project or the entire application shall become null and void. The bo ard, at its sole discretion, may
extend the time period to obtain final approval for the remainder of the project up to a maximum of
one year from the date of the original submission of the application.
viii. In the event the applicant seeks a preliminary evalu ation of a project from the board for information and
guidance purposes only, an application for preliminary evaluation shall be required. The planning director,
or designee, shall determine the supplemental documents and exhibits necessary and appropriate to
complete an application for a preliminary evaluation; the required supplemental documents and exhibits
shall serve to describe and illustrate the project proposed in the application in a manner sufficient to
enable the board to provide general comments , feedback, information and guidance with respect to the
application. Preliminary evaluations by the board shall be for informational purposes only; a preliminary
evaluation by the board shall not constitute a binding approval, nor shall any comments, feed back,
information or guidance provided by the board be binding upon the board during subsequent review of
the preliminary application or a related final application. The board may provide general comment,
feedback, information and guidance during the initial hearing on the application for preliminary
evaluations, and may continue discussion on a preliminary evaluation to subsequent meetings in order for
the applicant to further address any specific concerns raised by the board or staff, or may elect to
terminate the preliminary evaluation process after providing general comments. All preliminary
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evaluations shall be subject to the noticing requirements provided in subsection 2.13.7(c)(iii). Preliminary
evaluation applications shall not constitute a certificate of appropriateness approval, and therefore an
applicant acquires no equitable estoppel rights or protections of any kind, type or nature based upon the
filing of the preliminary evaluation application. The board will not issue an order either approving or
denying a project or take any formal action on preliminary evaluation applications. Preliminary
evaluations shall not entitle applicants to any of the benefits accorded to applicants who have received
certificate of appropriateness approval, inclusive of appeals or rehearings. Except as used in this section,
the use of the phrase "application" throughout this article refers to a completed application for approval
and not to a preliminary evaluation application.
ix. Notwithstanding any other provisions of th is chapter, certificates of appropriateness for demolition for
any building, structure, improvement, or landscape feature on a historic site or located within a historic
district and located on city-owned property or rights-of-way, and property owned by the Miami Beach
Redevelopment Agency, the actions of the historic preservation board shall be advisory with the right of
approval or disapproval vested with the city commission.
d. Decisions on certificates of appropriateness.
i. Any applicant requesting a public hearing on any application pursuant to this section shall pay, upon
submission, the applicable fees in subsection 2.2.3.5. No application shall be considered complete until all
requested information has been submitted and all applicable fees paid.
ii. A decision on an application for a certificate of appropriateness shall be based upon the following:
1. Evaluation of the compatibility of the physical alteration or improvement with surrounding properties
and where applicable compliance with the following:
a. The Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings as revised from time to time; and
b. Other guidelines/policies/plans adopted or approved by resolution or ordinance by the city
commission.
2. In determining whether a particular application is compatible with surrounding properties the historic
preservation board shall consider the following:
a. Exterior architectural features.
b. General design, scale, massing and arrangement.
c. Texture and material and color.
d. The relationship of subsections a., b., c., above, to other structures and features of the district.
e. The purpose for which the district was created.
f. The relationship of the size, design and siting of any new or reconstructed structure to the
landscape of the district.
g. An historic resources report, containing all available data and historic documentation regarding
the building, site or feature.
h. The original architectural design or any subsequent modifications that have acquired
significance.
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3. The examination of architectural drawings for consistency with the criteria stated below, with regard
to the aesthetics, appearances, safety, and function of any new or existing structure, public interior
space and physical attributes of the project in relation to the site, adjacent structures and properties,
and surrounding community. The historic preservation board and planning department shall review
plans based upon the below stated criteria and recommendations of the planning department may
include, but not be limited to, comments from the building department. The criteria referenced
above are as follows:
a. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of
ingress and egress, drainage facilities, utility services, landscaping structures, signs, and lighting
and screening devices.
b. The dimensions of all buildings, structures, setbacks, parking spaces, floor area ratio, height, lot
coverage and any other information that may be reasonably necessary to determine compliance
with the requirements of the underlying zoning district, and any applicable overlays, for a
particular application or project.
c. The color, design, surface finishes and selection of landscape materials and architectural
elements of the exterior of all buildings and structures and primary public interior areas for
developments requiring a building permit in areas of the city identified in secti on 2.13.1(c).
d. The proposed structure, or additions to an existing structure are appropriate to and compatible
with the environment and adjacent structures, and enhance the appearance of the surrounding
properties, or the purposes for which the district was created.
e. The design and layout of the proposed site plan, as well as all new and existing buildings and
public interior spaces shall be reviewed so as to provide an efficient arrangement of land uses.
Particular attention shall be given to safety, crime prevention and fire protection, relationship to
the surrounding neighborhood, impact on preserving historic character of the neighborhood and
district, contiguous and adjacent buildings and lands, pedestrian sight lines and view corridors.
f. Pedestrian and vehicular traffic movement within and adjacent to the site shall be reviewed to
ensure that clearly defined, segregated pedestrian access to the site and all buildings is provided
for and that any driveways and parking spaces are usable, safely and conven iently arranged and
have a minimal impact on pedestrian circulation throughout the site. Access to the site from
adjacent roads shall be designed so as to interfere as little as possible with vehicular traffic flow
on these roads and pedestrian movement onto and within the site, as well as permit both
pedestrians and vehicles a safe ingress and egress to the site.
g. Lighting shall be reviewed to ensure safe movement of persons and vehicles and reflection on
public property for security purposes and to minimize glare and reflection on adjacent properties
and consistent with a city master plan, where applicable.
h. Landscape and paving materials shall be reviewed to ensure an adequate relationship with and
enhancement of the overall site plan design.
i. Buffering materials shall be reviewed to ensure that headlights of vehicles, noise, and light from
structures are adequately shielded from public view, adjacent properties and pedestrian areas.
j. Any proposed new structure shall have an orientation and massing which i s sensitive to and
compatible with the building site and surrounding area and which creates or maintains important
view corridor(s).
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k. All buildings shall have, to the greatest extent possible, space in that part of the ground floor
fronting a sidewalk, street or streets which is to be occupied for residential or commercial uses;
likewise, the upper floors of the pedestal portion of the proposed building fronting a sidewalk
street, or streets shall have residential or commercial spaces, or shall have the appearance of
being a residential or commercial space or shall have an architectural treatment which shall
buffer the appearance of a parking structure from the surrounding area and is integrated with
the overall appearance of the project.
l. All buildings shall have an appropriate and fully integrated rooftop architectural treatment which
substantially screens all mechanical equipment, stairs and elevator towers.
m. Any addition on a building site shall be designed, sited and massed in a manner which is sensitive
to and compatible with the existing improvement(s).
n. All portions of a project fronting a street or sidewalk shall incorporate an amount of transparency
at the first level necessary to achieve pedestrian compatibility.
o. The location, design, screening and buffering of all required service bays, delivery bays, trash and
refuse receptacles, as well as trash rooms shall be arranged so as to have a minimal impact on
adjacent properties.
p. In addition to the foregoing criteria, subsection 118-104-6(t) and the requirements of chapter
104, of the General Ordinances, shall apply to the historic preservation board's review of any
proposal to place, construct, modify or maintain a wireless communications facility or other over
the air radio transmission or radio reception facility in the public rights -of-way.
q. The granting of the variance will result in a structure and site that complies with the sea level rise
and resiliency review criteria in chapter 7, article I, as applicable.
iii. Where, by reason of particular site conditions and restraints or because of unusual circum stances
applicable to a particular applicant's property, strict enforcement of the provisions of this article would
result in an undue economic hardship to the applicant, the board shall have the power to vary or modify
the provisions in this article, including adherence to the adopted evaluation guidelines. However, the
board shall not have the power to vary or modify any required timeframes to obtain a building permit or
the granting of extensions of time to obtain a building permit. Any applicant wishing to assert undue
hardship must furnish to the board's staff no later than 15 days prior to the board's meeting, to consider
the request, ten copies of a written statement presenting the factual data establishing such economic
hardship. The written statement presenting factual data shall be in the form of a sworn affidavit
containing all of the following information:
1. The amount paid for the property, the date of purchase and the party from whom purchased;
2. The assessed value of the land and improvements thereon according to the three most recent
assessments;
3. Real estate taxes for the previous five years;
4. All appraisals obtained within the previous five years by the owner or applicant in connection with his
purchase, financing or ownership of the property;
5. Any listing of the property for sale or rent, price asked and offers received, if any;
6. Any consideration by the applicant as to profitable adaptive uses for the property;
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7. With respect to income producing property only, annual gross income from the property for the
previous five years, operating and maintenance expenses for the previous five years, and annual cash
flow, if any, for the previous five years; and
8. Such additional information as may be relevant to a determination of undue economic hardship.
In the event that any of the required information is not reasonably available to the applicant and cannot
be obtained by the applicant, the applicant shall file with his affidavit a statement of the information
which cannot be obtained and shall describe the reasons why such information cannot be obtained. The
fact that compliance would result in some increase in costs shall not be considered undue economic
hardship if the use of the property is still economically viable.
iv. An approved certificate of appropriateness, together with any conditions or limitations imposed by the
board, shall be in written form and attached to the site plan or the schematics submitted as part of the
applications. Copies of the certificate shall be kept on file with the board and s hall be transmitted to the
building official. The applicant shall receive a copy of the certificate of appropriateness.
v. After deciding to grant a request for a certificate of appropriateness for demolition the historic
preservation board may stay for a fixed period of time, not to exceed six months, the issuance of the
certificate of appropriateness for demolition. Should the board grant a stay for demolition, the length of
such a stay shall be determined by the board based upon the relative significance o f the structure and the
probable time required to arrange a possible alternative to demolition. The effective date of the stay shall
be from the date of the historic preservation board's public hearing. Alternatively, if an appeal to a special
master is filed, upon request of the petitioner, the board may stay demolition pending the conclusion of
that appeal and any subsequent court review of the matter.
vi. Certificate of appropriateness for demolition.
1. Demolition of any building, structure, improvement, lan dscape feature, public interior or site
individually designated in accordance with section 2.13.9, or located within an historic district may
occur in emergency situations pursuant to an order of a government agency or a court of appropriate
jurisdiction or, if granted, pursuant to an application by the owner for a certificate of appropriateness
for the demolition of a designated historic building, structure, improvement, landscape feature or
site.
2. Government agencies having the authority to demolish unsafe structures shall receive notice that a
building or structure considered for demolition is a building, structure, improvement, landscape
feature, public interior or site individually designated in accordance with section 2.13.9, or located
within an historic district. The historic preservation board shall be deemed an interested party and
shall be entitled to receive notice of any public hearings conducted by such government agency
regarding demolition of any building, structure, improvement, landscape feature, public interior or
site individually designated in accordance with section 2.13.9, or located within an historic district.
The board may make recommendations and suggestions to the government agency and the owner
relative to the feasibility of and the public interest in preserving it. Prior to requesting a hearing
regarding an unsafe structure which is a building, structure, improvement, landscape feature, public
interior or site individually designated in accordance with section 2.13.9, or located within an historic
district, the city's building official shall send notice of the request to the historic preservation board.
The matter shall be placed on the agenda of the next board meeting, or on the agenda of an
emergency meeting of the board. However, action or inaction by the board shall not delay action of
the building official.
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3. No permit for voluntary demolition of any building, structure, improvement, landscape feature,
public interior or site individually designated in accordance with section 2.13.9, or located within an
historic district shall be issued to the owner thereof until an application for a certificate of
appropriateness for demolition has been submitted and approved pursuant to the procedures in
these land development regulations. In determining whether any building, structure, improvement,
landscape feature, public interior or site individually designated in accordance with section 2.13.9, or
located within an historic district should be demolished the historic preservation board shall be
guided by the criteria contained in subsection 2.13.7(vi)(4). After a demolition denial, or during a
demolition delay period, the historic preservation board may take such steps as it deems necessary to
preserve the structure concerned in accordance with the purposes and procedures of these land
development regulations. Such steps may include, but shall not be limited to, consultation with civil
groups, public agencies and interested citizens, recommendations for acquisition of property by
public or private bodies or agencies, and exploration of the possibility of moving one or more
structure or other feature.
4. Evaluation criteria. The historic preservation board shall consider the following criteria in evaluating
applications for a certificate of appropriateness for demolition of historic buildings, historic
structures, historic improvements or historic sites, historic landscape features and all public interior
spaces, structures and buildings located in a historic district or architecturally significant feature of a
public area of the interior of a historic or contributing building.
a. The building, structure, improvement, or site is designated on either a national or state level, as
part of a historic preservation district or as a historic architectural l andmark or site, or is
designated pursuant to section 2.13.9 as a historic building, historic structure or historic site,
historic improvement, historic landscape feature, historic interior or the structure is of such
historic/architectural interest or quality that it would reasonably meet national, state or local
criteria for such designation.
b. The building, structure, improvement, or site is of such design, craftsmanship, or material that it
could be reproduced only with great difficulty or expense.
c. The building, structure, improvement, or site is one of the last remaining examples of its kind in
the neighborhood, the county, or the region, or is a distinctive example of an architectural or
design style which contributes to the character of the district.
d. The building, structure, improvement, or site is a contributing building, structure, improvement,
site or landscape feature rather than a noncontributing building, structure, improvement, site or
landscape feature in a historic district as defined in chapter 1 of these land development
regulations, or is an architecturally significant feature of a public area of the interior of a historic
or contributing building.
e. Retention of the building, structure, improvement, landscape feature or site promotes the
general welfare of the city by providing an opportunity for study of local history, architecture,
and design, or by developing an understanding of the importance and value of a particular
culture and heritage.
f. If the proposed demolition is for the purpose of constructing a parking garage, the board shall
consider it if the parking garage is designed in a manner that is consistent with the Secretary of
the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings,
U.S. Department of the Interior (1983), as amended, or the design review guidelines for that
particular district. If the district in which the property is located lists retail uses as an allowable
use, then the ground floor shall contain such uses. At-grade parking lots shall not be considered
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under this regulation. Parking lots or garages as main permitted uses shall not be permitted on
lots which have a lot line on Ocean Drive or Espanola Way.
g. In the event an applicant or property owner proposes the total demolition of a contributing
structure, historic structure or architecturally significant feature, there shall be definite plans
presented to the board for the reuse of the property if the proposed demolition is appro ved and
carried out.
h. The county unsafe structures board has ordered the demolition of a structure without option.
5. If a certificate of appropriateness for demolition is issued, the historic preservation board may
require a marker on the property which provides the historic background of the structure.
6. A building permit shall not be issued for the demolition of any building, structure, improvement,
landscape feature, public interior or site individually designated in accordance with section 2.13.9, or
located within an historic district until the new or replacement construction for the property has
been approved and until all of the following criteria are satisfied:
a. The issuance of a building permit process number for the new construction;
b. The building permit application and all required plans for the new construction shall be reviewed
and approved by the planning department;
c. All applicable fees for the new construction shall be paid, including, but not limited to, building
permit and impact fees, as well as applicable concurrency and parking impact fees;
d. A tree survey, if required, shall be submitted and a replacement plan, if required, shall be
reviewed and approved by the Greenspace Management Division;
e. All debris associated with the demolition of the structure shall be recycled, in accordance with
the applicable requirements of the Florida Building Code.
For noncontributing structures located in one of the city's historic districts, this requirement may be
waived or another permit substituted at the sole discretion of the historic preservation board.
7. No building permit shall be issued by the building official which affects any building, structure,
improvement, landscape feature, public interior or site individually designated in accordance with
section 2.13.9, or located within an historic district without a certificate of appropriateness.
8. All work performed pursuant to the issuance of any certificate of appropriateness shall conform to
the requirements of the certificate. The building official is designated as the individual to assist the
board by making necessary inspections in connection with enforcement of these land development
regulations and shall be empowered to issue a stop work order if performance is not in accordance
with the issued certificate or these land development regulations. No work shall proceed as long as a
stop work order continues in effect. Copies of inspection reports shall be furnished to the historic
preservation board and copies of any stop work orders both, to the historic preservation board and
the applicant. The building official shall be responsible for ensuring that any work not in accordance
with an issued certificate of appropriateness shall be corrected to comply with the certificate of
appropriateness prior to withdrawing the stop work order.
9. For the purpose of remedying emergency conditions determined to be dangerous to life, health or
property, nothing contained herein shall prevent the making of any temporary construction,
reconstruction or other repairs to a building or site pursuant to an order of a government agency or a
court of competent jurisdiction. Provided, however, that in the event of demolition of any building,
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structure, improvement, landscape feature, public interior or site individually designated in
accordance with section 2.13.9, or located within an historic district, an emergency meeting of the
historic preservation board shall first be convened as set forth in subsection 2.13.1(c)(ii)(1). The
owner of a building damaged by fire or natural calamity shall be permitted to stabilize the building
immediately without historic preservation board approval, and to rehabilitate at a later date under
the procedures as set forth in these land development regulations.
10. Expiration of order of board. The applicant shall have up to 18 months, or such lesser time as may be
specified by the board, from the date of the board meeting at which a certificate of appropriateness
for demolition was granted to obtain a full building permit or phased development permit. The
foregoing 18-month time period or such lesser time as may be specified by the board, includes the
time period during which an appeal of the decision of the historic preservation board may be filed. If
the applicant fails to obtain a full building permit or phased development permit within 18 months, or
such lesser time as may be specified by the board, of the board meeting date at which a certificate of
appropriateness for demolition was granted or construction does not commence and proceed in
accordance with said permit and the requirements of the applicable Florida Building Code, the
certificate of appropriateness for demolition shall be deemed null and void. Extensions for good
cause, not to exceed a total of one year for all extensions, may be granted b y the historic
preservation board, at its sole discretion, provided the applicant submits a request in writing to the
planning department no later than 90 calendar days after the expiration of the original approval,
setting forth good cause for such an extension. At the discretion of the planning director, an applicant
may have up to 30 days (not to extend beyond 30 months from the date of original approval) to
complete the building permit review process and obtain a full building permit, provided that with in
the time provided by the board to obtain a full building permit a valid full building permit application
and plans have been filed with the building department, a building permit process number has been
issued and the planning department has reviewed the plans and provided initial comments.
Please refer to subsection 2.2.4.8 of these land development regulations relating to appealed orders,
and tolling.
2.13.8 SPECIAL REVIEW PROCEDURE
For minor exterior structural repairs, alterations and improvements, associated with single - family homes located
within designated historic districts, that are visible from a public way, or work that affects the exterior of the
building associated with rehabilitations and additions to existing buildings, the planning director, or designee, shall
have the authority to approve, approve with conditions or deny an application on behalf of the board. The
director's decision shall be based upon the criteria listed in this article. Any appeal of the decision of the planning
director shall be filed pursuant to the requirements of article IX of these land development regulations.
2.13.9 HISTORIC DESIGNATION
a. Historic designation procedure
i. Requests for designation of an individual historic site or district may be made to the historic preservation
board by motion of the board, the city manager, by resolution of the planning board or city commission,
by any property owner in respect to his own property, by a majority of prop erty owners of record within a
proposed district, by resolution of the county historic preservation board, or by resolution of any
organization whose purpose is to promote the preservation of historic sites.
ii. Proposals for designation shall include a completed application form available from the planning
department.
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iii. Any applicant, other than the city commission, a city board or other city official, requesting a public
hearing on any application pursuant to this section shall pay, upon submission, the applicable fees in
section 118-7. No application shall be considered complete until all requested information has been
submitted and all applicable fees paid.
iv. Preliminary review. Upon receipt of a completed application and fees, if applicable, the planning
department shall prepare an evaluation and recommendation for consideration by the board. After
considering the department's recommendation, a majority vote of the board shall be necessary to direct
the department to prepare a designation report. The city commission shall be notified of the board's
decision and the initial boundaries proposed for designation. Within 60 days of the vote of the historic
preservation board to direct the planning department to prepare a designation report, the city
commission may, by a five-sevenths vote, deny or modify the proposed request for designation, as well as
establish specific timeframes for the completion of the evaluation and recommendation or designation
report.
v. Requests for demolition permits. Following a vote of the historic preservation board, after a public hearing
noticed according to the requirements of subsection 2.2.4.1, to (i) instruct the planning department to
prepare a request for the designation of an individual historic site or district and an evaluation and
recommendation in accordance with subsection 2.13.9(a)(iv), or (ii) to extend the interim procedures
imposed under paragraph (vii) below, no permit for demolition affecting the subject structure, or any
property within the proposed designation site or district, shall be issued until one of the following occurs:
1. The proposed historic preservation designation is approved by the city commission and a certificate
of appropriateness is awarded by the board pursuant to subsection 2.13.7 this section;
2. The proposed historic preservation designation is denied by the city commission; or
3. The applicant applies for an accelerated approval of a certificate of appropriateness prior to the final
enactment of the historic preservation designation for the proposed site; and such certificate of
appropriateness has been issued under the provisions of subsection 2.13.7 of this section. Such
request for an accelerated certificate of appropriateness shall also include a request for the approval
of any new construction. The planning department shall place an application for an accelerated
approval of a certificate of appropriateness upon the next available agenda of the historic
preservation board. Any application pending before the design review board that includes any
demolition of a contributing structure within a proposed historic district or site may not proceed until
such time as an accelerated certificate of appropriateness is approved by the historic preservation
board.
vi. Timeframes for preparing designation reports. The applicant or the planning department shall have up to
one year from the date the historic preservation board votes to instruct staff to prepare either an
evaluation and recommendation, or a designation report, to prepare such evaluation and
recommendation, or designation report and present it to the board for consideration, unless a different
timeframe is set pursuant to subsection (iv) above. If either the evaluation and recommendation, or
designation report is not completed within such time periods, the applicant or the planning department
may request approval from the city commission for additional periods of six mon ths or less within which
to complete the evaluation and recommendation, or designation report.
vii. Interim procedures for demolition permits. The persons or entities listed in subsection (a)(i) above, may
request the board to instruct the planning department to prepare a designation report and implement
interim procedures for demolition permits. The planning director may prepare and submit to the historic
preservation board an evaluation and recommendation for designation at a meeting noticed in a
newspaper of general circulation at least five business days in advance of the hearing. The property owner
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shall be notified in writing, by regular mail sent to the address of the owner on the Miami -Dade County
Property Appraiser's tax records, and postmarked at leas t five business days in advance of the hearing.
The city commission shall also then be notified. If the historic preservation board finds that the evaluation
and recommendation present a prima facie case that the property meets the criteria of the land
development regulations for designation, it shall instruct the planning department to prepare a
designation report, in which case the procedures for the issuance of a demolition permit set forth in
subsection (v) above, shall be applicable for 60 days from the date of such vote. Within 60 days of the
vote by the historic preservation board to instruct the planning department to prepare a designation
report the city commission may, by a five-sevenths vote, deny or modify the proposed request for
designation, as well as establish specific timeframes for the completion of the evaluation and
recommendation or designation report. The interim procedures shall continue to apply after the 60 days
expires only by a vote of the historic preservation board to proceed with the designation process at a
public hearing with notice as provided in subsection (v) above, or by agreement in writing of the property
owner. Application and fees, if applicable, shall be filed within ten days of the board's vote at the initial
public hearing, but shall not delay commencement of the interim procedures. The interim procedures
herein shall not be applicable to the individual designation of single-family homes located in single-family
zoning districts.
viii. Historic preservation board public hearing and recommendation. A quasi-judicial public hearing on a
proposed site specific historic preservation designation shall be conducted by the historic preservation
board after the date a designation report has been filed, and shall comply with the notic e requirements in
accordance with subsection 2.2.4.1. A designation of a local historic district shall be noticed as a legislative
matter in accordance with subsection 2.5.1.
1. Recommendation. If the historic preservation board finds the proposed designation meets the intent
and criteria set forth in this article, it shall transmit such recommendation to the planning board and
the city commission, along with the designation report, and any additions or modifications deemed
appropriate. If the historic preservation board finds that the proposed designation does not meet the
intent and criteria set out in this article, no further board action shall be required.
2. Affirmative recommendation. Upon an affirmative recommendation by the historic preservation
board, the proposed designation shall be transmitted to the planning board who shall process the
proposed designation as an amendment to these land development regulations in accordance with
the procedures specified in subsection 2.5.1 of these land development regulations. The planning
board shall conduct a quasi-judicial hearing on site specific historic preservation designations.
ix. City commission. The city commission board shall conduct a quasi-judicial hearing on site specific historic
preservation designations. No building, structure, improvement, landscape feature, interior, site or
district shall be designated as an historic building, historic structure, historic improvement, historic
interior, historic site, historic landscape feature or historic district except by a five-sevenths majority vote
of the city commission, with the exception of single family homes designated as individual historic
structures, in accordance with subsection 2.13.9(a)(x) below, which shall not require city commission
approval. A listing of such single family homes shall be kept on file in the planning department. All sites
and districts designated as historic sites and districts shall be delineated on the city's zoning map,
pursuant to section 7.2.1.1, as an overlay district.
x. Designation procedures initiated by owners of single-family homes in single-family districts.
Notwithstanding the above, the following shall apply to any request by property owners for the individual
designation of their single-family homes as historic structures:
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1. Application. An application for the designation of a single-family home as an historic structure shall
be submitted by the property owner to the planning department for recommendation to the historic
preservation board. The historic preservation board will make a determination as to whether the
subject structure may be designated as an historic structure based upon the requirements and
criteria of subsection 2.13.9(b). The following information must be submitted with the application:
a. A current survey (no less than six months old), which is signed and sealed by a professional
engineer or a professional land surveyor, and a legal description of the property.
b. An historic resources report containing all relevant and available data including, but not limited
to, the building card, historic microfilm and historic photos, which delineates the historic,
cultural, aesthetic or architectural significance of the subject structure.
c. Existing conditions site plan, floor plans and elevation drawings of the subject structure.
d. A detailed photographic record of the exterior of the subject structure.
e. A completed application form.
Upon receipt of a completed application package, the planning department shall prepare a designation
report that shall be presented to the board at a regularly scheduled meeting.
2. Decision of the board. If, after a public hearing, the historic preservation board finds that the
proposed single-family designation application meets the criteria set forth in paragraph (b) below, it
shall designate the single-family home as a local historic structure. Upon the designation of a single-
family home as an historic structure, the structure shall be subject to the certificate of
appropriateness requirements of subsection 2.13.7, with the exception of the interior areas of the
structure, which shall not be subject to such regulations .
3. Notwithstanding the requirements of article XIII of these land development regulations, the following
improvements proposed for a single-family home individually designated as an historic structure may
be approved by the staff of the planning department, provided such improvements are consistent
with the certificate of appropriateness criteria in subsection 2.13.7 of these land development
regulations:
a. Additions to single-family structures, whether attached or detached, which are not substantially
visible from the public right-of-way or from the ocean front.
b. Modifications, additions, alterations and demolition to single-family structures, provided such
modifications, additions, alterations and demolition are substantially in accordance with historic
documentation, or consistent with the architectural scale, massing, character and style of the
structure and do not result in the removal of significant architectural features, details or finishes.
b. Criteria for designation
i. The historic preservation board shall have the authority to recommend that properties be designated as
historic buildings, historic structures, historic improvements, historic landscape features, historic interiors
(architecturally significant public portions only), historic sites, or historic districts if they are significant in
the historical, architectural, cultural, aesthetic or archeological heritage of the city, the county, state or
nation. Such properties shall possess an integrity of location, design, setting, materials, workmanship,
feeling or association and meet at least one of the following criteria:
1. Association with events that have made a significant contribution to the history of the city, the
county, state or nation.
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2. Association with the lives of persons significant in the city's past history.
3. Embody the distinctive characteristics of a historical period, architectural or design style or method of
construction.
4. Possess high artistic values.
5. Represent the work of a master, serve as an outstanding or representative work of a master designer,
architect or builder who contributed to our historical, aesthetic or architectural heritage.
6. Have yielded, or are likely to yield information important in pre-history or history.
7. Be listed in the National Register of Historic Places.
8. Consist of a geographically definable area that possesses a significant concentration of sites, buildings
or structures united by historically significant past events or aest hetically by plan or physical
development, whose components may lack individual distinction.
ii. A building, structure (including the public portions of the interior), improvement or landscape feature may
be designated historic even if it has been altered if the alteration is reversible and the most significant
architectural elements are intact and repairable.
iii. The historic preservation board shall consider if the historic buildings, historic structures, historic
improvements, historic landscape features, historic interiors (architecturally significant public portions
only), historic sites, or historic districts comply with the sea level rise and resiliency review criteria in
chapter 7, article I, as applicable.
c. Compliance with zoning regulations. Compliance with all other zoning regulations is required when not
specifically addressed in this section.
d. Application of equitable estoppel to permits other than demolition. Historic preservation designations shall be
enforced against all applications or requests for project approval upon the earlier of the favorable
recommendation by the historic preservation board or the applicable effective date of the proposed historic
designation as more particularly provided herein. After submission of a completed application for a project
approval, to the extent a proposed historic designation would, upon adoption, render the application or
project nonconforming or subject the application or project to additional review procedures, then the
procedures set forth in subsection 2.4.3 of these land development regulations shall apply with the following
exceptions:
i. All references to recommendations by the planning board in subsection 2.4.3 shall be interpreted as
meaning recommendations by the historic preservation board; and
ii. All references to adoption by the city commission within a 90-day period shall be interpreted to provide
for adoption by the city commission within a 120-day period.
e. Historic preservation sites and districts include:
i. Historic preservation sites (HPS).
1. GU/HPS-1: Old City Hall, 1130 Washington Avenue Block 23, Ocean Beach Addition No. 3, as recorded
in Plat Book 2 at Page 81 of the public records of the county.
2. CCC/HPS-2: 21st Street Recreation Center, 2100 Washington Avenue, beginning at intersection of
west right-of-way of Washington Avenue and south boundary of Collins Canal in Section 27, Range 42
east, Township 53 South, for point of beginning, then south 510 feet; west 165 feet, north 45 degrees
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to west 115 feet, north 160 feet, west 140 feet, north 70 feet; northeast along south boundary of
Collins Canal 435 feet to point of beginning.
3. RPS-3/HPS-3: Congregation Beth Jacob Complex, 301-317 Washington Avenue, Lots 9, 10 and 11,
Block 7, Ocean Beach Subdivision, as recorded in Plat Book 7, Page 38 of the public records of the
county.
4. HPS-4: Venetian Causeway Historic Preservation Site (HPS-4): The public right-of-way of the Venetian
Causeway from the city limit west of San Marino Island to the east end of the bridge east of Belle
Island.
5. RM-1/HPS-5: The Miami Beach Woman's Club Site, 2401 Pine Tree Drive, Flamingo Terrace
Subdivision No. 1; as recorded in the Public Records of Dade County, Florida. The designated area
consists of the exterior premises and those portions of the interior described as architecturally
significant in the addendum to designation report dated February 8, 1995.
6. CD-2, GU, RS-2, RS-3/HPS-6: Sunset Island Bridges #1, 2 and 4, as described below: The boundaries of
Sunset Island Bridge #1 commence at the intersection of the centerline of Sunset Drive and W. 21st
Street as shown on PLAT ENTITLED SUNSET LAKE EXTENSION, recorded in Plat Book 40, page 23,
Public Records of Dade County, Florida; thence run South 45° 00' 00" East (assumed bearing) along
the extension of the centerline of said Sunset Drive for a distance of 44.90 feet; thence South 21° 47'
10" East for a distance of 113.22 feet to the POINT OF BEGINNING of the land herein described;
thence South 65° 06' 00" West for a distance of 29.35 feet to a point located on the Easterly line o f
Lot 1, Block 5 of said PLAT ENTITLED SUNSET LAKE EXTENSION; thence South 28° 35' 00" East for a
distance of 14.49 feet; thence along the arc of a curve concave to the northwest, whose radius bears
North 19° 38' 22" West feet, having a central angle of 1° 30' 50" and a radius of 310.00 feet for a
distance of 8.19 feet; thence South 21° 47' 10" East for a distance of 59.23 feet; thence South 68° 12'
50" West for a distance of 2.25 feet; thence South 23° 12' 50" West for a distance of 1.50 feet; thence
South 21° 47' 10" East for a distance of 3.88 feet; thence South 66° 47' 10" East for a distance of 1.50
feet; thence North 68° 12' 50" East for a distance of 2.25 feet; thence South 21° 47' 10" East, for a
distance of 58.12 feet; thence along the arc of a curve, concave to the northwest whose radius bears
North 21° 20' 00" West, having a central angle of 1° 03' 54" and a radius of 433.35 feet for a distance
of 8.06 feet; thence South 9° 49' 50" East for a distance of 34.50 feet to a point located on the West
line of Lot 21, Block 15-B, RESUBDIVISION OF LOTS 16 TO 21 INCLUSIVE BLOCK 15 OF THE AMENDED
SUNSET LAKE SUBDIVISION OF MIAMI BEACH BAY SHORE COMPANY, recorded in Plat Book 9, at page
145, Public Records of Dade County, Florida; thence North 68° 12' 50" East for a distance of 66.80
feet to a point located on the East line of said Lot 21; thence North 21° 24' 02" West along the East
line of said Lot 21 and its northerly extension for a distance of 36.31 feet; thence run along the arc of
a curve concave to the northwest, whose radius bears North 28° 12' 06" West having a central angle
of 1° 43' 58" and a radius of 433.35 feet for a distance of 13.11 feet; thence North 21° 47' 10" West,
for a distance of 123.93 feet; thence along the arc of a curve concave to the northwest whose radius
bears North 28° 18' 07" West, having a central angle of 2° 25' 37" and a radius of 310.00 feet for a
distance of 13.10 feet; thence North 28° 35' 00" West for a distance of 14.18 feet to a point located
on the southwesterly line of Lot 7, Block 4 of the above mentioned PLAT ENTITLED SUNSET LAKE
EXTENSION; thence South 65° 06' 00" West for a distance of 30.78 feet to the POINT OF BEGINNING.
Said land located lying and being in Section 34, Township 53 South, Range 42 East, City of Miam i
Beach, Dade County, Florida, and containing 7884 square feet more or less or 0.1810 acres more or
less, and
Sunset Island Bridge #2 commences at the intersection of the centerlines of W. 21st Street and
Sunset Drive as shown in 3rd REVISED PLAT OF SUNSE T ISLANDS, recorded in Plat Book 40, at page 8,
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Public Records of Dade County, Florida; thence run north 45° 00' 00" west (assumed bearing), along
the centerline of said Sunset Drive for a distance of 657.86 feet to the POINT OF BEGINNING of the
land herein described; thence south 88° 05' 00" east, for a distance of 43.92 feet to a point located in
the westerly line of Lot 1, Block 4F of the above mentioned 3rd REVISED PLAT OF SUNSET ISLANDS;
thence north 45° 00' 00" west parallel to the centerline of said Sunset Drive for a distance of 12.75
feet; thence north 88° 05' 00" west for a distance of 19.09 feet; thence north 45° 00' 00" west parallel
to the centerline of said Sunset Drive for a distance of 145.65 feet; thence south 89° 13' 20" east, for
a distance of 18.69 feet; thence north 45° 00' 00" west for a distance of 11.85 feet to a point located
on the westerly line of Lot 26, Block 3D of said 3rd REVISED PLAT OF SUNSET ISLANDS; thence north
89° 13' 20" west for a distance of 86.03 feet to a point located on the easterly line of Lot 1, Block 3H
of said 3rd REVISED PLAT OF SUNSET ISLANDS; thence south 45° 00' 00" east for a distance of 11.85
feet; thence south 89° 13' 20" east for a distance of 12.44 feet; thence south 45° 00' 00" east for a
distance of 144.05 feet; thence north 88° 05' 00" west, for a distance of 12.69 feet; thence south 45°
00' 00" east for a distance of 12.75 feet to a point located on the easterly line of Lot 31, Block 4A of
the above mentioned 3rd REVISED PLAT OF SUNSET ISLANDS; thence south 88° 05' 00" east for a
distance of 43.92 feet to the POINT OF BEGINNING. Said land located lying and being in Section 28,
Township 53 south range 42 east, City of Miami Beach, Dade County, Florida, and containing 7023
square feet more or less or 0.1612 acres more or less, and Sunset Island Bridge #4 commences at the
intersection of the centerline of North Bay Road and W. 29th Street, as shown in AMENDED PLAT OF
SUNSET LAKE SUBDIVISION OF THE MIAMI BEACH BAY SHORE COMPANY, recorded in Plat Book 8, at
page 52, Public Records of Dade County Florida, thence due West (assumed bearing) along the
centerline of said W. 29th Street for a distance of 375.50 feet to the POINT OF BEGINNING of the land
herein described; thence due north for a distance of 35.00 feet to a point located on the south line of
Lot 1, Block 10 of the above mentioned AMENDED PLAT OF SUNSET LAKE SUBDIVISION, thence due
west parallel to the centerline of said W. 29th Street for a distance of 26.50 feet; thence due south
for a distance of 13.70 feet; thence due west, parallel to the centerline of said W. 29th Street for a
distance of 136.00 feet; thence, due north for a distance of 8.70 feet; thence, due west for a distance
of 12.20 feet to a point located on the south line of Lot 2, Block 1A, PLAT ENTITLED SUNSET LAKE
EXTENSION, recorded in Plat Book 40, at page 23, Public Records of Dade County, Florida; thence, due
south for a distance of 60.00 feet to a point located on the north line of Lot 1, Block 1 of the above
mentioned PLAT ENTITLED SUNSET LAKE EXTENSION; thence, due east for a distance of 12.20 feet;
thence due north for a distance of 12.90 feet; thence due east parallel to the centerline of said W.
29th Street for a distance of 136.00 feet; thence due south for a distance of 17.90 feet; thence due
east, parallel to the centerline of W. 29th Street for a distance of 26.50 feet to a point located on the
north line of Lot 13, Block 12 of the above mentioned AMENDED PLAT OF SUNSET LAKE SUBDIVISION
OF MIAMI BEACH BAY SHORE COMPANY; thence due north for a distance of 35.00 feet to the POINT
OF BEGINNING. Said lands located, lying and being in Section 27, Township 53 South, Range 42 East,
City of Miami Beach, Dade County, Florida, and containing 7,809.00 square feet more or less or
0.1793 acres more or less.
7. RM-2/HPS-7: The Bath Club, 5937 Collins Avenue, as more particularly described as Tract 1, THE BATH
CLUB PROPERTY, according to the Plat thereof, recorded in Plat Book 40, at Page 14, of the Public
Records of Miami-Dade County, Florida. Said property bounded as follows: On the East by the Erosion
Control Line; on the West by the Easterly line of Collins Avenue; and on the North and South by the
Northerly and Southerly Lines of Tract 1. Said lands located, lying and being in the City of Miami
Beach, Florida, and containing 230,124 square feet, more or less, or 5.28 acres, more or less.
8. GU/HPS-8: Dade Boulevard Fire Station, 2300 Pinetree Drive, as more particularly described as
follows: Commence at the point of intersection of the south Right -of-Way of 24th Street and the east
Right-of-Way line of Pinetree Drive, as shown in DEDICATION OF PORTION OF LIBERTY AVENUE AND
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WEST 24TH STREET, recorded in Plat Book 26, at Page 13, Public Records of Miami -Dade County,
Florida; thence South 11° 33' 30" East, along the east Right-of-Way of Pinetree Drive for a distance of
100.00 feet; thence South 78° 26' 30" West for a distance of 100.00 feet to the POINT OF BEGINNING
of the tract of land herein described; thence continue South 78° 26' 30" West for a distance of 256.02
feet; thence South 27° 42' 00" West for a distance of 172.82 feet; thence South 41° 20' 42" East for a
distance of 253.53 feet to a point located on the north Right-of-Way line of Dade Boulevard; thence
North 38° 39' 55" East, along the north Right-of-Way line of Dade Boulevard for a distance of 157.02
feet to a point of tangency; thence run along the arc of a concave curve to the northwest, having a
central angle of 50° 13' 25" and a radius of 329.70 feet for a distance of 289.00 feet to the POINT OF
BEGINNING. Said lands located, lying and being in the City of Miami Beach, Florida, and containing
80,949.47 square feet, more or less, or 1.8583 acres, more or less.
9. Public Right-of-Way/HPS-9: Pinetree Drive Historic Roadway, more particularly described as follows:
A portion of the public right-of-way of Pinetree Drive, bounded on the north by the easterly extension
of the centerline of W. 40th Street, as shown in ORCHARD SUBDIVISION No. 2 AND 3, Plat Book 8,
Page 116, Public Records of Miami-Dade County, Florida, and bounded on the south by the easterly
extension of the centerline of W. 30th Street as shown in MIAMI BEACH IMPROVEMENT CO.'S PLAT
OF ORCHARD SUBDIVISION No. 1, Plat Book 6, Page 111, Public Records of Miami-Dade County,
Florida. And together with: Commence at the intersection of the centerline of 40th Street and the
northerly extension of the east line of Block 50, ORCHARD SUBDIVISION No. 2 & 3, Plat Book 8, Page
116, Public Records of Miami-Dade County, Florida, said point being the POINT OF BEGINNING;
thence northerly, along the northerly extension of the east line of said Block 50 to the point of
intersection with the north right-of-way line of 40th Street; thence deflect 30° to the right for a
distance of 120.00 feet; thence northerly, along a line parallel and 60.00 feet (measured at right
angles) east of the east line of Block 53 of the above mentioned ORCHARD SUBDIVISION No. 2 & 3, to
the point of intersection with the south right-of-way line of 41st Street (Arthur Godfrey Road); thence
run northeasterly to the point of intersection of the easterly extension of the south line of Block 3,
and the southerly extension of the east line of said Block 3, as shown in the ORCHARD SUBDIVISION
No. 4, Plat Book 25, Page 30, Public Record of Miami-Dade County, Florida; thence easterly, along the
easterly extension of the north right-of-way of W. 41st Street (Arthur Godfrey Road) to the point of
intersection with the southerly extension of the west line of Lot 1, FLAMINGO BAY SUBDIVISION No.
1, recorded in Plat Book 6, Page 101, Public Records of Miami-Dade County, Florida; thence southerly
across W. 41st Street (Arthur Godfrey Road) to the point of intersection of the north and west lines of
Lot 29, Block 3, FLAMINGO TERRACE SUBDIVISION, recorded in Plat Book 10, Page 3, Public Records
of Miami-Dade County, Florida; thence continue southerly, along the west line of Lots 29 and 28 of
said Block 3 and the northerly extension of the west line of said Lot 29, to the most southerly point of
tangency of the west line of said Lot 28; thence southerly, radial to the arc forming the north
boundary of Lot 12, Block 4, of said FLAMINGO TERRACE SUBDIVISION to the point of intersection of
said arc; thence run west-southwest, along the arc forming the north boundary of said Lot 12 to the
point of intersection with the easterly extension of the centerline of W. 40th Street; thence westerly
along the easterly extension of the centerline of 40th Street to the POINT OF BEGINNING. And
together with: A portion of the public right-of-way of Pinetree Drive, bounded on the south by the
easterly extension of the south line of Block 3 as shown in ORCHARD SUBDIVISION No. 4, Plat Book
25, Page 30, Public Records of Miami-Dade County, Florida, and bounded on the north by the easterly
extension of the north line of Lot 4, Block D, as shown in SURPRISE LAKE SUBDIVISION, recorded in
Plat Book 9, Page 114, Public Records of Miami-Dade County, Florida. Said lands located lying and
being in the City of Miami Beach, County of Miami-Dade, Florida.
10. ROS/HPS-10: The Flagler Memorial and Monument Island Historic Site, more particularly described as
follows; A tract of land known as "MONUMENT ISLAND," located in Section 33, Township 53 South,
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Range 42 East, bounded by the High Water Mark, and more particularly described as follows:
Commence at the point of intersection of the west line of West Avenue and the south line of 14th
Street, as shown in the PLAT OF THE SUBDIVISION OF THE NORTH 230 FEET OF LOT 1 OF THE
SUBDIVISION OF BLOCK 80 OF THE ALTON BEACH REALTY COMPANY recorded in Plat Book 34, at
Page 25, Public Records of Miami-Dade County, Florida; thence run South 88° 26' 30" West, along the
south line of said 14th Street for a distance of 637.12 feet; thence North 1° 33' 30" West for a
distance of 5.41 feet; thence North 86° 10' 02" West across Biscayne Bay for a distance of 2,552.29
feet; thence South 40° 12' 50" West for a distance of 260.10 feet; thence South 55° 56' 20" West for a
distance of 211.18 feet to the POINT OF BEGINNING of the tract of la nd herein described; thence
along the following courses; South 83° 50' 56" East for a distance of 71.15 feet, North 55° 48' 20" East
for a distance of 99.61 feet; North 46° 34' 38" East for a distance of 79.90 feet; North 55° 10' 14" East
for a distance of 73.47 feet; North 48° 21' 04" East for a distance of 58.45 feet; North 34° 35' 34" East
for a distance of 84.93 feet; North 12° 09' 31" East for a distance of 74.10 feet; North 4° 53' 49" West
for a distance of 32.15 feet; North 29° 25' 26" West for a distance of 26.28 feet; North 50° 58' 18"
West for a distance of 152.34 feet; North 65° 58' 36" West for a distance of 29.55 feet; North 83° 03'
21" West for a distance of 38.13 feet; South 86° 17' 27" West for a distance of 40.84 feet; South 62°
55' 22" West for a distance of 42.88 feet; South 20° 02' 40" West for a distance of 71.04 feet; South
43° 06' 37" West for a distance of 37.11 feet; South 59° 17' 28" West for a distance of 147.67 feet;
South 50° 08' 01" West for a distance of 62.59 feet; South 16° 24' 16" West for a distance of 43.27
feet; South 16° 45' 18" East for a distance of 93.91 feet; South 34° 52' 53" East for a distance of 65.54
feet; South 42° 40' 51" East for a distance of 105.03 feet to the POINT OF BEGINNING. Said lands
located, lying, and being in the City of Miami Beach, Miami-Dade County, Florida, and containing
3.6723 acres (more or less), together with full riparian rights.
11. PF and ROS/HPS-11: The Historic 69th Street Fire Station, more particularly described as follows: A
portion of Lots 1 through 6, Block M. CORRECTED PLAT OF ATLANTIC HEIGHTS, recorded in Plat Book
9, at Page 14, Public Records of Miami-Dade County, Florida, together with the riparian rights
appurtenant and adjacent thereto, and together with a portion of Atlantic Drive (now 69th Street).
Said portion of land located in the south half of Government Lot One, Section 11, Township 53 South,
Range 42 East, and more particularly described as follows: Commence at the southeast corner of Lot
6, Block M, of the above mentioned CORRECTED PLAT OF ATLANTIC HEIGHTS; thence North 89° 12'
34" West, along the south line of said Lot 6 for a distance of 38.36 feet to the POINT OF BEGINNING
of the tract of land herein described; then North 26° 00' 53" West along the new right -of-way line of
Indian Creek Drive for a distance of 427.95 feet to the point of intersection with the southerly line of
Lot 6, Block N, of said CORRECTED PLAT OF ATLANTIC HEIGHTS; thence run along the arc of a curve
concave to the northwest whose radius bears North 62° 11' 32" West, having a central angle of 63°
01' 09" and a radius of 20.00 feet for a distance of 22.00 feet to a point of tangency; thence North 89°
10' 23" West, along the north right-of-way line of Atlantic Drive (now 69th Street) for a distance of
152.47 feet; thence South 16° 52' 06" East for a distance of 74.53 feet; thence South 19° 41' 17" East
for a distance of 37.33 feet to a point of tangency; thence along the arc of a curve concave to the
northeast, having a central angle of 19° 13' 49" and a radius of 703.27 feet for a distance of 236.04
feet to a point of tangency; thence South 38° 55' 06" East for a distance of 53.57 feet; thence South
53° 17' 11" West for a distance of 33.97 feet; thence South 89° 12' 34" East, along the south line of
the above mentioned Lot 6, Block M and its westerly extension, for a distance of 202.55 feet to the
POINT OF BEGINNING. Said lands located, lying, and being in the City of Miami Beach, Miami-Dade
County, Florida, and containing 1,6066 acres (more or less).
12. GU/HPS-12: The 28th Street Obelisk and Pumping Station Historic Structure, 300 West 28th Street,
more particularly described as follows: A portion of land that is located in Section 27, Township 53
South, Range 42 East, and bounded by the perimeter of a circumference having a radius of 33.50 feet
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and an arc length of 210.49 feet. The location of the radius point of said circumference is described as
follows: Commence at the point of intersection of the eastern right-of-way line of Sheridan Avenue
and the northern right-of-way line of West 28th Street, as shown in SALIDOR COURT, recorded in Plat
Book 35, at Page 20, Public Records of Miami-Dade County, Florida; thence South 8° 25' 08" West,
along the extension of the eastern right-of-way line of Sheridan Avenue for a distance of 32.89 feet to
the point of intersection with the centerline of said West 28th Street; thence North 74° 13' 22" East,
along the centerline of said West 28th Street for a distance of 73.05 feet; thence South 15° 46' 38"
East, at a right angle with the centerline of said West 28th Street for a distance of 102.64 feet to the
radius point (center of obelisk) of the above mentioned circumference. Said lands located, lying and
being in the City of Miami Beach, Miami-Dade County, Florida, and containing 3,526 square feet
(more or less).
13. RM-1/HPS-13: 1600 Lenox Avenue, as more particularly described as Lot 1, in Block 46, COMMERCIAL
SUBDIVISION, according to the Plat thereof, recorded in Plat Book 6, at Page 5, of the Public Records
of Miami-Dade County, Florida.
14. CPS-1/HPS-14: 36 Ocean Drive, as more particularly described as Lot 4, Block 1 of Ocean Beach Fla.
Subdivision, according to the plat thereof, as recorded in Plat Book 2, Page 38, of the Public Records
of Miami-Dade County, Florida.
15. CD-2/HPS-15: 1700 Alton Road, as more particularly described as Lots 1 and 2, Block 17, of
Commercial Subdivision 1st Addition, according to the Plat thereof, as recorded in Plat Book 6, Page
30, of the Public Records of Miami-Dade County, Florida.
16. RM-1/HPS-16: International Inn, 2301 Normandy Drive, as more particularly described as Lots 15
through 18, Block 40 of Miami View Section - Isle of Normandy Part 3, as recorded in Plat Book 40,
page 33 of the Public Records of Miami-Dade County, Florida.
17. GU/HPS-17: North Beach Bandshell. 7275 Collins Avenue, as more particularly described as Lot 81
which was reserved for Coast Guard purposes by the President of the United States by Proclamation
No. 1589, of March 11, 1921, containing 21 acres more or less, and which constitutes a part of
original Lot 61 Section 2, Township 53 south, Range 42 east, Tallahassee Meridian, Florida. Excepting
that portion of Lot 8 granted to the City of Miami Beach, Florida, by the United States by quitclaim
deed dated June 16, 1937, recorded in Book 1821 of Deeds at page 461 of the land records of Dade
County, Florida. But including the reversion in said portion reserved to the United States by such
deed. Said Lot 8 and its exceptions thereof are more particularly described by metes and bo unds as
follows:
Commence at the point of intersection of the northerly projection of the west line of Block 9 with the
westerly projection of the north line of said Block 9 of "Normandy Beach South", according to the plat
thereof, as recorded in Plat Book 21 at page 54 of the Public Records of Dade County, Florida: thence
N87"36'01 "E along said westerly projection of the north line of Block 9 for 2.44 feet: thence along
the easterly right-of-way line of State Road A-1-A (Collins Avenue) for the following fifteen (15)
courses: thence N03"17'52"W for 19.09 feet to a point of curvature of a circular curve concave to the
southwest: thence northwesterly along the arc of said curve having a radius of 450.00 feet and a
central angle of 05·35'40" for 43.94 feet to the point of tangency: thence N08"53'32"W for 32.28 feet
to a point of curvature of a circular curve concave to the east: thence northerly along the arc of said
curve having a radius of 85.00 feet and a central angle of 15·53'27" for 23.70 feet to the point of
tangency: thence N04'56"E for 6.59 feet to a point of curvature of a circular curve concave to the
northwest: thence northeasterly along the arc of said curve having a radius of 85.00 feet and a
central angle of 12"26'52" for 18.47 feet to the point of tangency: thence N05"21'5611W for 16.00
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feet to a point of non-tangent intersection with a circular curve concave to the southwest, with said
point of non-tangent intersection bearing N73"42'14"E from the center of said curve: thence
northwesterly along the arc of said curve having a radius of 624.63 feet and a central angle of
09"35'01" for 104.48 feet to a point of non-tangent intersection with a line bearing N26"16'11"W and
with said point of non-tangent intersection bearing N64"07'13"E from the center of the last described
curve: thence N26"16'11"W for 18.64 feet to a point of curvature of a circular curve concave to the
southwest: thence northwesterly along the arc of said curve having a r adius of 413.00 feet and a
central angle of 04·74'37" for 30.59 feet to a point of compound curve said point also being the point
of beginning: thence continue northwesterly along the arc of said curve having a radius of 413.00 feet
and a central angle of 02"13'11" for 16.00 feet to the point of tangency: thence N32"43'59"W for
22.76 feet to a point of curvature of a circular curve concave to the northeast: thence northwesterly
along the arc of said curve having a radius of 145.00 feet and a central angle o f 19"01'13" for 48.14
feet to the point of tangency: thence N13"42'46"W for 4.55 feet to a point of curvature of a circular
curve concave to the northeast: thence northwesterly and northerly along the arc of said curve
having a radius of 598.49 feet and a central angle of 10"43'21" for 112.00 feet to a point of
intersection with the southerly right-of-way line of 73rd Street. With said point of intersection
bearing S87"00'35"W from the center of said curve: thence N87"03'37"E along said southerly right-
of-way line of 73rd Street and its easterly projection thereof for 223.17 feet: thence S02"56'23"E for
87.18 feet: thence S24·2S'35"W for 120.94 feet: thence S87"03'37"W for 120.49 feet to the
intersection with said easterly right-of-way line of State Road A-1-A (Collins Avenue) also being the
point of beginning.
ii. Historic preservation districts (HPD).
1. CD-2, RM-1/HPD-1: All properties fronting or abutting Espanola Way, including all of Blocks 2-A and 2-
B Espanola Villas, Blocks 3-A, 3-B, 4-A, 4-B, 5-A, 5-B, 6-A, 6-B, 7-A and 7-B, First Addition to Espanola
Villas, and Lots 1—4, a re-subdivision of that unnumbered tract lying west of Blocks 7-A and 7-B and
Espanola Way in First Addition to Espanola Villas.
2. MXE/HPD-2: The Ocean Drive/Collins Avenue Historic District is generally bounded by the centerline
of Fifth Street from the Erosion Control Line to Ocean Court; centerline of Ocean Court to Sixth
Street; and the centerline of Sixth Street from Ocean Court to Collins Court on the south; Collins
Court (as extended) from Sixth Street to the northern edge of Lot 7, Block 57 of Fisher's First
Subdivision of Alton Beach east to the centerline of Collins Avenue; and the centerline of Collins
Avenue to 22nd Street on the west; the centerline of 22nd Street on the north; and the Erosion
Control Line on the east. A complete legal description is included in the designation report.
3. GU, RS-3, RS-4/HPD-3: The east side of Collins Avenue to the Erosion Control Line from 77th Street to
79th Street. (All of Blocks 5, 6, 11 and 12 of Altos Del Mar No. 1 Subdivision). Those properties which
are owned by the state or the city shall retain their GU government use district zoning designation.
Those properties which are privately owned shall retain their single-family zoning district
classification of RS-3 or RS-4, respectively.
4. RM-1, CD-2, CD-3, RO, GU/HPD-4: Flamingo Park Historic Preservation District, generally bounded by
the centerline of Sixth Street on the south; centerline of Lenox Court (as extended) on the west
including lots 7 and 8, Block 46 Commercial Subdivision and excluding Lots 1—6 Block 46, Commercial
Subdivision; centerline of Lincoln Lane North on the north; and Ocean Drive/Collins Avenue Historic
District on the east; and, excluding properties within the Espanola Way Historic District. (Complete
legal description available on file with the designation report). The boundaries of the Flamingo Park
Historic District Westward Expansion Area commence at the point of intersection of the center line of
8 th Street and the east right-of-way line of Alton Road, as shown in THE MIAMI OCEAN VIEW
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COMPANY'S LENOX MANOR, recorded in Plat Book 7, at Page 15, Public Records of Miami -Dade
County, Florida. Said point being the POINT OF BEGINNING of the tract of land herein described.
Thence run northerly, along the easterly right-of-way line of said Alton Road to the point of
intersection with the center line of 14 th Street, as shown in Ocean Beach FLA. ADDITION NO. 3,
recorded in Plat Book 2, at Page 81, Public Records of Miami-Dade County, Florida; thence run
easterly, along the center line of said 14 th Street to the point of intersection with the center line of a
20-foot alley known as Lenox Court; thence run southerly, along the center line of said 20 -foot alley
known as Lenox Court and its southerly extension to the point of intersection with the center line of
the above mentioned 8 th Street; thence run westerly, along the center line of said 8 th Street to the
POINT OF BEGINNING. LESS that portion thereof bounded in the north by center line of 12 th Street, as
12 th Street is shown in the abovementioned OCEAN BEACH FLA. ADDITION NO. 3 and bounded in the
south by center line of 11 th Street, as 11 th Street is shown in the above mentioned THE MIAMI
OCEAN VIEW COMPANY'S LENOX MANOR. Said lands located, lying and being in Sections 3 and 4,
Township 54 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida. The boundaries
of the Flamingo Park Historic District Westward Expansion South of 8 th Street commence at the point
of intersection of the center lines of 6 th Street and Pear Avenue (now Lenox Avenue), as shown in
OCEAN BEACH, FLA. ADDITION N° 3, Plat Book 2, Page 81, Public Records of Miami-Dade County,
Florida; thence run westerly, along the center line of said 6 th Street to the point of intersection with
the center line of an unnamed 20-foot alley known as Lenox Court. Said point being the POINT OF
BEGINNING of the tract of land herein described; thence continue westerly, along the center line of
6 th Street to the point of intersection with the east right-of-way line of Alton Road; thence run
northerly, along the east right-of-way line of Alton Road to the point of intersection with the center
line of 8 th Street; thence run easterly along the center line of said 8 th Street to the point of
intersection with the center line of the above mentioned 20-foot alley known as Lenox Court; thence
run southerly along the center line of said Lenox Court to the POINT OF BEGINNING. Said lands
located, lying and being in Section 3, Township 54 South Range 42, East, City of Miami Beach, Miami-
Dade County, Florida and containing 3.3058 acres more or less.
5. MXE, CD-3, GU/HPD-5: Museum Historic Preservation District, generally bounded on the south by
Lincoln Lane North, the centerline of Washington Avenue on west; and Co llins Canal on north; the
centerline of 23rd Street, including all properties fronting on or having a property line on 23rd Street,
on the north; and, the centerline of Collins Avenue on the east. (Complete legal description available
on file with the designation report).
6. CSP-1, CPS-2, RPS-1, RPS-2, RPS-3, RPS-4, GU/HPD-6: The boundaries of the Ocean Beach Historic
District commence at the intersection of the centerline of Fifth Street and the centerline of Ocean
Court; thence run easterly, along the extension of the centerline of Fifth Street to the Erosion Control
Line of the Atlantic Ocean; thence run southerly, along the Erosion Control Line to the centerline of
First Street; thence run westerly, along First Street to the centerline of Collins Court; thence run
southerly, along Collins Court, to the south line of Lot 18 on Block 10; thence run westerly along the
extension of the south line of Lot 18 on Block 10 to the centerline of Washington Avenue; thence run
northerly, along Washington Avenue to the centerline of Second Street; thence run westerly, along
Second Street to the centerline of Meridian Court; then run northerly, along Meridian Court to the
centerline of Third Street; thence run westerly, along Third Street to the centerline of Jefferson Cou rt;
thence run northerly, along Jefferson Court to the south line of Lot 4 on Block 82; thence run easterly
along the extension of the south line of Lot 4 on Block 82 to the centerline of Jefferson Avenue;
thence run northerly, along Jefferson Avenue to th e centerline of Forth Street; thence run westerly,
along Forth Street to the centerline of Michigan Avenue; thence run northerly, along Michigan
Avenue to the centerline of Fifth Street; thence run westerly, along Fifth Street to the centerline of
Michigan Court; thence run southerly along Michigan Court to the south line of Lot 8 on Block 99;
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thence run westerly along the extension of the south line of Lot 8 on Block 99 to the centerline of
Lenox Avenue; thence run northerly, along Lenox Avenue to the cent erline of Fifth Street; thence run
westerly, along Fifth Street to the centerline of Lenox Court; thence run northerly, along Lenox Court
to the centerline of Sixth Street; thence run easterly along Sixth Street to the centerline of
Washington Avenue; thence run southerly, along Washington Avenue to the centerline of Sixth
Street, thence run easterly, along Sixth Street to the centerline of Ocean Court, thence run southerly,
along Ocean Court, to the point of commencement, at the intersection of the centerl ines of Fifth
Street and Ocean Court.
7. CD-2, GU, GU/RS-3, GU/RS-4, MXE, RM-1/HPD-7: The boundaries of the Harding Townsite/South
Altos Del Mar Historic District commence at the intersection of the centerline of Collins Court and the
centerline of 76th Street; thence run easterly along the centerline of 76th Street to the intersection
with the centerline of Collins Avenue; thence run northerly along the centerline of Collins Avenue to
the intersection with the centerline of 77th Street; thence run easterly a long the theoretical
extension of the centerline of 77th Street to the intersection with the Erosion Control Line of the
Atlantic Ocean; thence run southerly along the Erosion Control Line of the Atlantic Ocean to the
intersection with the theoretical extension of the centerline of 73rd Street; thence run westerly along
the centerline of 73rd Street to the intersection with the centerline of the theoretical extension of
Collins Court; thence run northerly along the centerline of Collins Court to the point o f
commencement, at the intersection of the centerlines of Collins Court and 76th Street.
8. RS-4, RM-1, RM-2/HPD-8: The boundaries of the Palm View Historic District commence at the
intersection of the centerline of 17th Street and Meridian Avenue, as shown in the amended plat of
Golf Course Subdivision of the Alton Beach Realty Company, recorded in Plat Book 6, at page 26,
public records of Miami-Dade County, Florida. Said point being the point of beginning of the tract of
land herein described; thence run westerly, along the centerline of 17th Street for a distance of 1,325
feet (more or less) to the centerline of Lenox Court, as shown in Palm View Subdivision of the Alton
Beach Realty Company, recorded in Plat Book 6, at page 29, public records of Miami-Dade County,
Florida; thence northerly, along the centerline of Lenox Court to the point of intersection with the
centerline of Dade Boulevard; thence northeasterly, along the centerline of Dade Boulevard to a
point. Said point located 131 feet (more or less and calculated along the centerline of Dade
Boulevard) southwesterly of the point of intersection with the centerline of Meridian Avenue; thence
run southeasterly, at right angle with the centerline of Dade Boulevard for a distance of 83.50 feet to
the point of intersection with the south right-of-way of Collins Canal; thence northeasterly along the
south right-of-way of Collins Canal to the point of intersection with the west right-of-way of Meridian
Avenue; thence southerly, along the west right-of-way of Meridian Avenue for a distance of 202 feet
(more or less) to a point of tangency; thence run along the arc of a curve, concave to the northwest,
having a central angle of 90°00'00" and a radius of 15.00 feet for a distance of 23.56 feet to a point.
Said point located in the north right-of-way of 19th Street, as shown in the above mentioned
amended plat of Golf Course Subdivision of the Alton Beach Realty Company; thence run southerly, in
a 90°00'00" angle with the north right-of-way of 19th Street for a distance of 20.00 feet to a point
located in the centerline of said 19th Street; thence easterly, along the centerline of 19th Street for a
distance of 50.00 feet to the point of intersection with the centerline of Meridian Avenue; thence
southerly along the centerline of Meridian Avenue for a distance of 995 feet (more or less) to the
point of beginning. Said lands located, lying, and being in section 34, township 53 south, range 42
east, City of Miami Beach, Miami-Dade County, Florida.
9. RM-1, RM-2, RM-3, CD-3, ROS, PF, P/HPD-9: The boundaries of the Collins Waterfront Historic District
commence at the intersection of the easterly extension of the centerline of 22nd Street and the
Erosion Control line of the Atlantic Ocean. Said intersection being the POINT OF BEGINNING of the
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tract of land herein described, thence run northerly, along the Erosion Control Line of the Atlantic
Ocean to the intersection with a line that runs parallel to, and 75.00 feet (measured at right angle)
north of the north line of Lot 1, Block 39 and its easterly and westerly extension, as shown in
AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,
recorded in Plat Book 5, at Page 8, Public Records of Miami -Dade County, Florida; thence run
westerly, along the last described course to the point of intersection with the centerline of Collins
Avenue; thence southerly, along the centerline of Collins Avenue for a distance of 40.45 feet; thence
westerly, along a line parallel to, and 34.55 feet (measured at right angle) north of the north line of
Lot 1, Block 40 and its easterly and westerly extension, as shown in the above mentioned AMENDED
MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY to the point
of intersection with the east bulkhead line of Indian Creek; thence continue westerly, along the last
described course and across Indian Creek to a point located on the east line of Lot 11, as shown in
FLAMINGO BAY SUBDIVISION No. 1, recorded in Plat Book 6, at Page 101, Public Records of Miami-
Dade County, Florida; thence run southerly, along the east line of Lots 11 through 1 of the above
mentioned FLAMINGO BAY SUBDIVISION No. 1, and its southerly extension to the northeast corner of
Lot 29, Block 3, FLAMINGO TERRACE SUBDIVISION, recorded in Plat Book 10, at Page 3, Public
Records of Miami Dade County, Florida; thence continue southerly, along the east line of said Block 3
and its southerly extension, to the northeast corner of Lot 1, Block 2 of the above mentioned
FLAMINGO TERRACE SUBDIVISION; thence continue southerly, along the east line of said Block 2 to
the northeast corner of Lot 1, Block 9, FLAMINGO TERRACE EXTENSION, recorded in Plat Book 38, at
Page 61, Public Records of Miami-Dade County, Florida; thence continue southerly along the easterly
line of said Block 9, to the southeast corner of Lot 5 of said Block 9; thence westerly, along the south
line of said Lot 5 and its westerly extension, to the point of intersection with the cent erline of
Flamingo Drive as shown in the above mentioned FLAMINGO TERRACE EXTENSION; thence, northerly
along the centerline of Flamingo Drive to the point of intersection with the centerline of West 25th
Street; thence westerly along the centerline of west 25th Street to the point of intersection with the
centerline of Pine Tree Drive; thence run southerly and south westerly, along the centerline of Pine
Tree Drive, to the point of intersection with a line that runs northwesterly from the most westerly
corner of Block 3 and perpendicular to the easterly right-of-way of Collins Canal, as shown on Plat
entitled DEDICATION OF PORTION OF LIBERTY AVENUE AND WEST 24TH STREET, recorded in Plat
Book 26, at Page 13, Public Records of Miami-Dade County, Florida; thence northeasterly, along the
easterly right-of-way of Collins Canal, to the northeast corner of Lot 10 of Block 3, as shown in
AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,
recorded in Plat Book 5, at Page 7, Public Records of Miami-Dade County, Florida; thence southerly,
along the east line of said Lot 10 to the northwest corner of Lot 9 of said Block 3; thence easterly,
along the northerly line of said Lot 9, and its easterly extension to the point of intersection with the
centerline of Collins Avenue; thence southerly, along the centerline of Collins Avenue to the point of
intersection with the centerline of 22nd Street; thence easterly along the centerline of 22nd Street
and its easterly extension to the POINT OF BEGINNING. Said lands located lying and being in the City
of Miami Beach, County of Miami-Dade, Florida.
10. RM-2, RM-3, GU/HPD-10: The boundaries of the North Beach Resort Historic District commence at
the point of intersection of the centerlines of Collins Avenue and 71st Street, as shown in
NORMANDY BEACH SOUTH, recorded in Plat Book 21, at Page 54, Public Records of Miami-Dade
County, Florida. Said point being the POINT OF BEGINNING of the tract of land herein described;
thence run easterly to the point of intersection with the Erosion Control Line of the Atlantic Ocean, as
recorded in Plat Book 105, at Page 62, Public Records of Miami-Dade County, Florida; thence run
southerly, along the Erosion Control Line of the Atlantic Ocean to the point of intersection with th e
south line of Lot 44, Block 1, AMENDED PLAT OF SECOND OCEAN FRONT SUBDIVISION, recorded in
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Plat Book 28, at Page 28, Public Records of Miami-Dade County, Florida; thence run westerly, along
the south line of said Lot 44 to the point of intersection with the easterly Right-of-Way line of Collins
Avenue; thence run southerly, along the easterly Right-of-Way line of Collins Avenue to the point of
intersection with the north line of Lot 42 of the above mentioned Block 1; thence run easterly, along
the north line of said Lot 42 to the point of intersection with the Erosion Control Line of the Atlantic
Ocean; thence run southerly, along the Erosion Control Line of the Atlantic Ocean to the point of
intersection with the south line of Lot 21 K of said Block 1; th ence run westerly, along the south line
of said Lot 21 K and its westerly extension to the point of intersection with the centerline of Collins
Avenue; thence run northerly, along the centerline of Collins Avenue to the point of intersection with
the easterly extension of Lot 1 of LYLE G. HALL SUBDIVISION, recorded in Plat Book 40, at Page 5,
Public Records of Miami-Dade County, Florida; thence run westerly, along the south line of said Lot 1
and its easterly extension, to the point of intersection with the easterly line of Lot 25 of the above
mentioned LYLE G. HALL SUBDIVISION; thence run southerly, along the easterly line of lots 25 and 24
of said LYLE G. SUBDIVISION to the southeast corner of said Lot 24; thence run westerly, along the
south line of said Lot 24 and its westerly extension to the point of intersection with the centerline of
Harding Drive (now Indian Creek Drive); thence run northerly, along the centerline of Harding Drive
(now Indian Creek Drive) to the point of intersection with the centerl ine of 63rd Street; thence run
easterly, along the centerline of 63rd Street to the point of intersection with the southerly extension
of the westerly line of said Lot 1, Block 7, AMENDED PLAT OF SECOND OCEAN FRONT SUBDIVISION,
recorded in Plat Book 28, at Page 28, Public Records of Miami-Dade County, Florida; thence run
northerly, along the westerly line of said Lot 1, Block 7 and its southerly extension to a point located
50.00 feet south (measured at right angles) of the westerly extension of the northerly line of said Lot
1; thence run easterly along a line parallel and 50.00 feet south of the northerly line of said Lot 1 to
the point of intersection with the centerline of Collins Avenue; thence run northerly, along the
centerline of Collins Avenue to the POINT OF BEGINNING. Said lands located, lying and being in the
City of Miami Beach, Miami-Dade County, Florida.
11. RM-1, CD-1, GU/HPD-11: The boundaries of the Flamingo Waterway Historic District commence at
the point of intersection of the centerline of West 47th Street and the eastern right -of-way line of
Pinetree Drive, as shown in the LAKE VIEW SUBDIVISION, recorded in Plat Book 14, at Page 42, Public
Records of Miami-Dade County, Florida. Said point being the POINT OF BEGINNING of the tract of
land herein described; thence run northerly, along the eastern right-of-way line of said Pinetree Drive
to the point of intersection with the easterly extension of the north line of Lot 20, Block 32, of the
above mentioned LAKE VIEW SUBDIVISION; thence run westerly, along the north line of said Lot 20 to
the point of intersection with the eastern bulkhead line of the Flamingo Waterway; thence run
southwesterly, along the eastern bulkhead lines of the Flamingo Waterway and Lake Surprise to a
point. Said point being located 35.07 feet west (measured at a right angle) of the east line of Lot 11,
Block 32, of the above mentioned LAKE VIEW SUBDIVISION; thence run southerly, along a line parallel
and 35.07 feet west (measured at a right angle) of the east line of said Lot 11, and its southerly
extension to the point of intersection with the centerline of West 47th Street; thence run easterly,
along the centerline of said West 47th Street to the POINT OF BEGINNING. Said lands located, lying
and being in the City of Miami Beach, Miami-Dade County, Florida.
12. RM-3, GU/HPD-12: The boundaries of the Morris Lapidus/Mid-20th Century Historic District
commence at the northwest corner of Lot 1, Block 39, AMENDED MAP OF THE OCEAN FRONT
PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, Plat Book 5, Page 8, Public Records of
Miami-Dade County, Florida; thence run northerly, along the east right -of-way line of Collins Avenue
for a distance of 75.00 feet to the POINT OF BEGINNING of the portion of land herein described;
thence run easterly, parallel to the north line of the above mentioned Lot 1 and its easterly extension
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to the point of intersection with the Erosion Control Line of the Atlantic Ocean. Said Erosion Control
Line of the Atlantic Ocean as recorded in Plat Book 105 at Page 62, Public Records of Miami-Dade
County, Florida; thence run northerly, along said Erosion Control Line of the Atlantic Ocean for an
approximate distance of 5,197 feet to the point of intersection with the easterly extension of the
north line of Lot 24, as said Lot 24 is shown in AMENDED PLAT OF FIRST OCEAN FRONT SUBDIVISION
OF THE MIAMI BEACH BAY SHORE COMPANY, Plat Book 9, at Page 78, Public Records of Miami-Dade
County, Florida; thence run westerly, along the north line of said Lot 24 and its easterly and westerly
extension to the bulkhead line of Indian Creek; thence run southerly, along the bulkhead line of
Indian Creek to the point of intersection with the westerly extension of a line which is 75.00 feet
north and parallel to the north line of the above mentioned Lot 1, Block 39; thence easterly along the
last described course to the POINT OF BEGINNING. Said lands located, lying and being in Section 23,
Township 53 South, Range 42 East, City of Miami Beach, Florida.
13. RM-1, CD-2/HPD-13: The boundaries of the North Shore Historic District commence at the point of
intersection of the centerline of Collins Court and the centerline of 73rd Street, as shown in the
HARDING TOWNSITE, recorded in Plat Book 34, at Page 4, of the Public Records of Miami -Dade
County, Florida. Said point being the POINT OF BEGINNING of a tract of land herein described; thence
run Northerly, along the centerline of Collins Court to a point of intersection with the Centerline of
75th Street; thence continue Northerly to a point of intersection of the Centerline of Collins Court
and the Northern right-of-way line of 75th Street; thence continue Northerly along the centerline of
Collins Court to a point of intersection with the centerline of 87th Street; thence run Westerly along
the centerline of 87th Street to a point of intersection with the centerline of Harding Avenue; thence
run Southerly along the centerline of Harding Avenue to a point of intersection with the Easterly
extension of the North line of Lot 10, Block 3, as shown in BEACH BAY SUBDIVISION, as recorded in
Plat Book 44, Page 25, of the Public Records of Miami-Dade County, Florida; thence run Westerly
along the North line of said Lot 10 to a point. Said point being the Northwest corner of said Lot 10;
thence Southerly along the West line of Lots 10, 11, and 12 of Block 3 of the aforementioned BEACH
BAY SUBDIVISION to a point of intersection on the Northern right-of-way line of 86th Street; thence
Southerly to a point of intersection of the Southern right-of-way line of 86th Street and the West line
of Lot 10, Block 4 of the aforementioned BEACH BAY SUBDIVISION; thence continue Southerly along
the West line of Lots 10, 11, 12, 13, and 14 of said Block 4 to a point of intersection on the Northern
right-of-way line of 85th Street; thence continue Southerly to a point of intersection of the Southern
right-of-way line of 85th Street and the West line of Lot 10, Block 5 of the aforementioned BEACH
BAY SUBDIVISION; thence continue Southerly along the West line of Lots 10, 11, 12, 13, and 14 of said
Block 5 to a point of intersection on the Northern right-of-way line of 84th Street; thence continue
Southerly to a point of intersection of the Southern right-of-way line of 84th Street and the West line
of Lot 10, Block 6 of the aforementioned BEACH BAY SUBDIVISION; thence continue Southerly along
the West line of Lots 10, 11, 12, 13, and 14 of said Block 6 to a point of intersection on the Northern
right-of-way line of 83rd Street; thence continue Southerly to a point of intersection of the Southern
right-of-way line of 83rd Street and the West line of Lot 14, Block 3, HAYNSWORTH BEACH
SUBDIVISION, as recorded in Plat Book 41, Page 2, of the Public Records of Miami -Dade County,
Florida. Thence continue Southerly along the West lines of Lots 14, 15, 16, 17, 18, 19, 20, 21, 22, 23,
24, 25, and 26 of said Block 3 to a point of intersection on the Northern right-of-way line of 81st
Street; thence continue Southerly to a point of intersection of the Southerly right -of-way line of 81st
Street and West line of Lot 12, Block 7 of ALTOS DEL MAR NO. 3, as recorded in Plat Book 8, Page 41,
of the Public Records of Miami-Dade County, Florida. Thence continue Southerly along the West line
of Lots 7, 8, 9, 10, 11, and 12 of said Block 7 to a point of intersection on the Northern right-of-way
line 80th Street; thence continue Southerly to a point of intersection of the Southern right -of-way line
of 80th Street and the West line of Lot 12, Block 8 of the aforementioned ALTOS DEL MAR NO. 3;
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thence continue Southerly along the West line of Lots 7, 8, 9, 10, 11, and 12 of said Block 8 to a point
of intersection on the Northern right-of-way line 79th Street; thence continue Southerly to a point of
intersection of the Southern right-of-way line of 79th Street and the West line of Lot 12, Block 9 of
the aforementioned ALTOS DEL MAR NO. 3; thence continue Southerly along the West line of Lots 7,
8, 9, 10, 11, and 12 of said Block 9 to a point of intersection on the Northern right -of-way line 78th
Street; thence continue Southerly to a point of intersection of the Southern right-of-way line of 78th
Street and the West line of Lot 12, Block 10 of the aforementioned ALTOS DEL MAR NO. 3; thence
continue Southerly along the West line of Lots 7, 8, 9, 10, 11, and 12 of said Block 10 to a point of
intersection on the Northern right-of-way line 77th Street; thence continue Southerly to a point of
intersection of the Southern right-of-way line of 77th Street and the West line of Lot 12, Block 11 of
the aforementioned ALTOS DEL MAR NO. 3; thence continue Southerly along the West line of Lots 7,
8, 9, 10, 11, and 12 of said Block 11 to a point of intersection on the Northern right -of-way line 76th
Street; thence continue Southerly to a point of intersection of the Southern right-of-way line of 76th
Street and the West line of Lot 6, Block 12 of the aforementioned ALTOS DEL MAR NO. 3; thence
continue Southerly along the West line of Lots 4, 5, and 6 and its Southerly extension of said Block 12
to a point of intersection on the centerline of 75th Street; thence run Westerly along the centerline of
75th Street to a point of intersection on the centerline of Dickens Avenue; thence run Southerly along
the centerline of Dickens Avenue to a point of intersection on the centerline of 73rd Street; thence
run Easterly along the centerline of 73rd Street to a point of intersection with the centerline of Collins
Court, Said point also being the POINT OF BEGINNING. Said lands located, lying and being in Section
2, Township 53 South, Range 42 East, City of Miami Beach, Florida. The boundaries of the North Shore
Historic District are hereby expanded to include the Tatum Waterway Expansion, the boundaries of
which commence at the Point of Intersection of the Centerline of Hawthorne Avenue and the
Centerline of 77th Street, as shown in the plat of BISCAYNE BEACH SUBDIVISION, as recorded in Plat
Book 48, at Page 53 of the Public Records of Miami- Dade County. Said point being the POINT OF
BEGINNING of a tract of land herein described; Thence run Northerly along the Centerline of
Hawthorne Avenue to a Point of Intersection of the Centerline of Hawthorne Avenue and the
Centerline of Crespi Boulevard; Thence Northeasterly and Northerly along the Centerline of Crespi
Boulevard to a Point of Intersection with the Westerly extension of the North line of Lot 4, Block 13,
of BISCAYNE BEACH SECOND ADDITTION as recorded in Plat Book 46, at Page 39, of the Public
Records of Miami- Dade County, Florida; Thence Easterly along said extension of the North line of Lot
4 and along the North line of Lot 4 and its extension over the Tatum Waterway to a Point of
Intersection with the Eastern bulkhead line of Tatum Waterway, the same line being the Western line
of Block 1, of BEACH BAY SUBDIVISION, as recorded in Plat Book 44, at Page 25, of the Public Records
of Miami- Dade County, Florida; Thence Northerly along said Western Line of Block 1 to a point being
the Northwest corner of the Plat of BEACH BAY SUBDIVISION, the same point being the Northwest
corner of Lot 1, Block 1 of said BEACH BAY SUBDIVISION, as recorded in Plat Book 44, at Page 25, of
the Public Records of Miami- Dade County, Florida; Thence Easterly along the North line of Lot 1,
Block 1 and its Easterly extension to a Point of Intersection with the Centerline of Byron Avenue;
Thence Southerly along the Centerline of Byron avenue to a Point of Intersection of Byron Avenue
and 81st street; Thence Westerly along the Centerline of 81st street to a Point of Intersection with the
Centerline of Tatum Waterway Drive; Thence southwesterly along the Centerline of Tatum Waterway
Drive to a Point of Intersection with the Centerline of 77th street; Thence westerly along the
Centerline of 77th street to a Point of Intersection of Centerline 77th Street with the Cen terline of
Hawthorne Avenue; said point being the POINT OF BEGINNING. Said lands located, lying and being in
Section 10, Township 53 South, Range 42 East, and in Section 11, 5 Township 53 South, Range 42
East, City of Miami Beach, Florida. For the avoidance of doubt, the Tatum Waterway Expansion is part
of the North Shore Historic District.
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14. RM-1, RM-2, CD-2, RO/HPD-14: The boundaries of the Normandy Historic District Commence at the
point of intersection of the centerline of Normandy Court and the centerlin e of Bay Drive, as shown in
the OCEANSIDE SECTION OF ISLE OF NORMANDY, recorded in Plat Book 25, at Page 60, of the Public
Records of Miami-Dade County, Florida. Said point being the POINT OF BEGINNING of a tract of land
herein described; thence run Northerly along the centerline of Bay Drive to a point of intersection
with the centerline of South Shore Drive, thence run Westerly along the centerline of South Shore
Drive to a point of intersection with the Southerly extension of the East line of Lot 17, Blo ck 56, of
NORMANDY GOLF COURSE SUBDIVISION, recorded in Plat Book 44, at Page 62, of the Public Records
of Miami-Dade County, Florida; thence Northerly along said East line of lot 17 to the Northeast corner
of said Lot 17, said point being on the North line of Block 56 of the aforementioned NORMANDY
GOLF COURSE SUBDIVISION; thence Northerly along the North line of Block 56 to a point of
intersection with the centerline of Ray street; thence Southerly along the centerline of Ray Street to a
point of intersection with the North right-of-way line of Normandy Waterway; thence continue
Southerly over the Normandy Waterway to a point, said point being the intersection of the South
right-of-way line of Normandy Waterway and the centerline Rue Notre Dame; thence con tinue
Southerly along the centerline of Rue Notre Dame to a point of intersection with the Westerly
extension of the South line of Lot 1, Block 9, as shown in 2ND REVISED PLAT OF A PORTION OF OCEAN
SIDE SECTION AND TROUVILLE SECTION OF ISLE OF NORMANDY, recorded in Plat Book 40, at Page 35,
of the Public Records of Miami-Dade County, Florida; thence run Easterly along said extension of Lot
1 and along the South line of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 to a point, said point
being the Southeast corner of lot 15 and also being the Northwest corner of lot 25, block 9 as shown
in the OCEANSIDE SECTION OF ISLE OF NORMANDY, recorded in Plat Book 25, at Page 60, of the
Public Records of Miami-Dade County, Florida; thence Southerly along the West line of said Lot 25 to
a point of intersection with the North right-of-way line of Normandy Drive (71st Street); thence
Northerly along said North right-of-way line the same line also being the South line of Lots 23, 24 and
25 of said block 9 to a point of intersection of the East line of lot 25 and the North right-of-way line of
Normandy drive, thence Northerly along the East line of lot 23 to the Northeast corner of said lot 23,
said point being the intersection of the East line of lot 23 and the South line of lot 19, Block 9 of the
aforementioned 2ND REVISED PLAT OF A PORTION OF OCEAN SIDE SECTION AND TROUVILLE
SECTION OF ISLE OF NORMANDY; thence Easterly along the South line of lots 19 and 20 of said block
9 to a point of intersection on the West right-of-way line of Rue Versailles, thence continue Easterly
to a point of intersection of the centerline of Rue Versailles and the centerline of Normandy Court,
thence continue Easterly along said centerline of Normandy Court to a point of intersection wi th the
centerline of Bay Drive, said point being the POINT OF BEGINNING. Said lands located, lying and being
in Section 3, Township 53 South, Range 42 East, and in Section 10, Township 53 South, Range 42 East,
City of Miami Beach, Florida.
AND
Another Boundary of the Normandy Historic District commences at the point of intersection of Rue
Versailles and the bulkhead line of Biscayne Bay, as shown in the OCEANSIDE SECTION OF ISLE OF
NORMANDY, recorded in Plat Book 25, at Page 60, of the Public Records of Mia mi-Dade County,
Florida. Said point being the point of beginning of a tract of land herein described; thence run
easterly and northwesterly along said bulk head line of Biscayne Bay, said bulkhead line also being
the southern and eastern boundary line of Block 1 of the aforementioned Oceanside Section of Isle of
Normandy to a point of intersection with the centerline of 71 street; thence run Westerly along the
centerline of 71 street to a point of intersection with the centerline of Bay Drive; thence southerly
along the centerline of Bay Drive a point of intersection with the centerline of Brest Esplanade;
thence run northwesterly along the centerline of Brest Esplanade to a point of intersection with the
northerly extension of the West line of lot 13, block 6 of the aforementioned Oceanside Section of
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Chapter 2 – Administration and Review Procedures 112
Isle of Normandy, thence Southerly along said west line of lot 13 to a point being 138 feet north of
the south line of lot 14 of said block 6; thence run westerly along a line 138 feet north and parallel to
the south line of lot 14 a distance of 50 feet to a point on the east line of lot 15 of said block 6, said
point being 2 feet south of the north line of lot 15, thence run north along said east line of lot 15 for a
distance of 2 feet to the north line of lot 15, thence run westerly along the north line of lots 15, 16,
17, 18, 19, 20, 21, 22, 23 and the westerly extension of lot 23 to the centerline of Rue Versailles;
thence run Southerly along the centerline of Rue Versailles to a point of intersection with th e
Bulkhead line of Biscayne Bay, said point being the point of beginning. Said lands located, lying and
being in Section 10, Township 53 South, Range 42 East, and in Section 11, Township 53 South, Range
42 East, City of Miami Beach, Florida.
2.13.10 SINGLE-FAMILY AS VALOREM TAX EXEMPTION
a. Scope of tax exemptions.
A procedure is hereby created for the city commission to allow tax exemptions for the restoration, renovation or
rehabilitation of single family properties designated individually or as part of an historic district. The exemption
shall apply to 100 percent of the assessed value of all improvements to the single family property, which result
from restoration, renovation or rehabilitation made on or after the effective date of this division. The exemption
applies only to taxes levied by the city. The exemption does not apply to taxes levied for the payment of bonds or
to taxes authorized by a vote of the electors pursuant to the City Code or the Florida Constitution. The exemption
does not apply to personal property or to properties located within a community redevelopment area.
b. Duration of tax exemptions.
Any exemption granted under this section to a particular property shall remain in effect for ten years. The duration
of ten years shall continue regardless of any change in the authority of the city to grant such exemptions or any
changes in ownership of the property. In order to retain an exemption, however, the historic and architectural
character of the property, its designation status, and improvements which qualified the property for an exemption,
must be maintained over the period for which the exemption is granted.
c. Eligible properties and improvements.
i. A single-family property is qualified for an exemption under this division if:
1. At the time the exemption is considered by the historic preservation board, the property is:
a. Individually listed in the National Register of Historic Places pursuant to the National Historic
Preservation Act of 1966, as amended;
b. A contributing property within a National Register Historic District or locally designated historic
district; or
c. Locally designated as an individual historic structure or an historic site.
2. The historic preservation board has certified to the city commission that the property for which an
exemption is requested satisfies subsection (c)(i)(1).
ii. In order for an improvement to an historic property to qualify for an exemption, the improvement must
be determined by the historic preservation board to be:
1. Consistent with the United States Secretary of the Interior's standards for rehabilitation; and
2. Consistent with the certificate of appropriateness criteria in section 118-564 of the City Code.
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d. Preapplication requirements.
A preapplication meeting with the planning director, or designee, shall be required before a project is initiated in
order to determine whether the proposed project satisfies the minimum criteria for ad valorem tax exemption.
e. Applications.
Any person, firm or corporation that desires ad valorem tax exemption from the improvem ent of an eligible single-
family property must, prior to any construction or demolition, file with the planning department a written
application on a form approved by the department. The application shall include the following documents and
information:
i. The name of the property owner and the location of the single-family property.
ii. A description of the improvements to real property for which an exemption is requested and the date of
commencement of construction of such improvements.
iii. Proof that the property to be rehabilitated or renovated is an eligible historic property under this division.
iv. Drawings and other pertinent exhibits that clearly delineate the scope of work to be performed; the
proposed improvements to the property shall be consistent with the Secretary of the Interior's standards
for rehabilitation and the certificate of appropriateness criteria in section 2.13.7 of these land
development regulations.
v. Other information identified in the filing instructions provided by the planning department.
f. Review by the historic preservation board. The historic preservation board, or its successor, is designated to
review all applications for exemptions. The historic preservation board shall recommend that the city
commission grant or deny the proposed exemption. The recommendation, and the reasons therefore, shall be
provided to the applicant and to the city commission before consideration of the application at an official
meeting.
g. Approval by the city commission.
A majority vote of the city commission shall be required to approve an application for exemption. Such exemption
shall take effect on the January 1 following substantial completion of the improvement. The city commission shall
include the following in the resolution or ordinance approving the application for exemption:
i. The name of the owner and the address of the single-family property for which the exemption is granted.
ii. The period of time for which the exemption will remain in effect and the expiration date of the
exemption.
iii. A finding that the single-family property meets the requirements of this division.
iv. References to drawings and exhibits delineating the work to be performed.
h. Required covenant
To qualify for an exemption, the property owner shall enter into a covenant or agreement with the city for the
term for which the exemption is granted. The covenant or agreement shall be form approved by the city attorney
and shall require that the character of the property, and the qualifying improvements to th e property, be
maintained during the period that the exemption is granted. Before the effective date of the exemption, the owner
of the property shall have the covenant recorded in the official records of Miami -Dade County, Florida. The
covenant or agreement shall be binding on the current property owner, transferees, and their heirs, successors, or
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assigns. Violation of the covenant or agreement shall result in the property owner being subject to the payment of
the differences between the total amount of taxes which would have been due in March in each of the previous
years in which the covenant or agreement was in effect had the property not received the exemption and the total
amount of taxes actually paid in those years, plus interest on the difference c alculated as provided in § 212.12(3),
Florida Statutes.
i. Amendments.
All amendments to the approved application and permit plans must be reviewed and approved prior to the
completion of the project. Minor amendments to permit plans may be approved by the planning director, or
designees, provided such amendments are consistent with the certificate of appropriateness criteria in subsection
2.13.7 of these land development regulations. Major amendments to the approved plans must be reviewed and
approved by the historic preservation board.
j. Completion of work.
i. An application must complete all work within 30 months following the date of approval by the city
commission. An approval for ad valorem tax exemption shall expire if the building permit for the
approved work is not issued within the timeframes specified under the corresponding certificate of
appropriateness, or if a full building permit issued for the approved work should expire or become null
and void, for any reason. The approval for ad valorem tax exemption shall be suspended if such permit is
issued but the property owner has not submitted a final request for review of completed work within 30
months following the date of approval by the city commission.
ii. The historic preservation board, for good cause shown, may extend the time for completion of a
substantial improvement for a period not to exceed two years from the completion date in the original
approval by the city commission, or such lesser time as may be prescribed by the board. Such extension
shall only be considered by the board if the correspond ing certificate of appropriateness for the
improvements approved by the city commission is active and the applicant submits a request in writing to
the planning department no later than 90 calendar days after the expiration of the completion deadline. If
the board grants the extension of time request, any suspension of the approval for ad valorem tax
exemption shall be lifted and all work shall be completed by the date mandated in the board order. A
second extension, not to exceed two additional years, may be considered by the board if a valid full
building permit for the improvements approved by the city commission is active and the applicant
submits a request in writing to the planning department no later than 90 calendar days after the
expiration of the completion deadline specified in the first extension. The failure to complete all required
work within the timeframes mandated under an approved extension of time shall result in a permanent
revocation of the approval for the ad valorem tax exemption. If th e board denies a request for an
extension of time, any suspension shall become a permanent revocation of the approval for ad valorem
tax exemption. As a condition of any extension of time, the historic preservation board may require that
the building site be properly maintained, screened and secured.
iii. A request for review of completed work shall be submitted to the planning department. The planning
director shall conduct a review to determine whether or not the completed improvements are in
compliance with the work approved by the city commission, including approved amendments, if any.
iv. If the planning director determines that the work is in compliance with the plans approved pursuant to
city commission approval of the tax exemption, the final request for re view of completed work shall be
approved and issued in writing to the applicant. The city reserves the right to inspect the completed work
to verify such compliance.
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v. If the planning director determines that the work as complete is not in compliance with t he plans
approved pursuant to city commission approval of the tax exemption, the applicant shall be advised that
the final request for review of completed work has been denied. Such denial shall be in writing and
provide a written summary of the reasons for the determination, including recommendations to the
applicant concerning the changes to the proposed work necessary to bring it into compliance with the
approved plans. The applicant may file an appeal of the decision of the planning director, or designe e,
pursuant to the requirements of article IX.
k. Notice of approval to the property appraiser.
Upon the receipt of a certified copy of the recorded restrictive covenant, the planning director, or designee, shall
transmit a copy of the approved request for review of completed work, the exemption covenant and the ordinance
or resolution of the city commission approving the final application and authorizing the tax exemption to the
county property appraiser.
l. Revocation proceedings.
i. The planning director, or designee, or historic preservation board may initiate proceedings to revoke the
ad valorem tax exemption provided in this article, in the event the applicant, or subsequent owner or
successors in interest to the property, fails to maintain the property according to the terms, conditions
and standards of the historic preservation tax exemption covenant. Such proceedings shall be held before
the historic preservation board.
ii. The planning director, or designee, shall provide notice by mail to the current owner of record of the
property at least 15 days in advance of the revocation hearing. In order to maintain the tax exemption,
the property owner shall complete the restoration or reconstruction work necessary to return the
property to the condition existing at the time of project completion on a time schedule agreed upon by
the property owner and the historic preservation board. In the event the property owner does not
complete the restoration work to the property within the agreed upon time schedule, the historic
preservation board shall make a recommendation to the city commission as to whether the tax
exemption shall be revoked.
iii. The city commission shall review the recommendation of the historic preservation board and make a
determination as to whether the tax exemption shall be revoked. Should the city commission determine
that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of
penalties as provided in this division shall be provided to the owner, the county property ap praiser and
filed in the official records of the county.
iv. Upon receipt of the resolution revoking the tax exemption, the county property appraiser shall
discontinue the tax exemption on the property as of January 1 of the year following receipt of the noti ce
of revocation.
v. If the single-family property is damaged by accidental or natural causes during the covenant period of the
tax exemption, the property owner shall inform the planning director, or designee, in writing within 60
days of the nature and extent of damage to the property. In order to maintain the tax exemption, the
property owner shall complete the restoration or reconstruction work necessary to return the property to
the condition existing at the time of project completion on a time schedule agreed upon by the property
owner and the planning director or designee.
vi. If the single-family property has been destroyed or severely damaged by accidental or natural causes
during the covenant period of the tax exemption whereby restoration is not feasib le, the property owner
shall notify the planning director, or designee, in writing within 60 days of the loss. The planning director,
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or designee, shall initiate proceedings to revoke the ad valorem tax exemption provided in this article. In
such cases, no penalty or interest shall be assessed against the property owner.
m. Notice of penalties
The resolution revoking the tax exemption shall include a statement that a penalty equal to the total amount of
taxes that would have been due in March of each of the p revious years in which the tax exemption and covenant
were in effect had the property not received the exemption, less the amount of taxes actually paid in those years,
plus interest on the difference calculated as provided in § 212.12, Florida Statutes shall be imposed by the county
tax collector for violation of the terms, conditions and standards of the historic preservation exemption covenant.
ARTICLE XIV – TRANSFER OF DEVELOPMENT RIGHTS. RESERVED