93-20908 Reso RESOLUTION NO. 93-20908
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
RESOLUTION NO. 93-20698 WHICH CREATED THE
FLOOD PLAIN MANAGEMENT BOARD, BY PROVIDING
THAT HEREAFTER THE MEMBERS OF THE CITY'S BOARD
OF ADJUSTMENT SHALL ALSO SERVE AS THE CITY•S
FLOOD PLAIN MANAGEMENT BOARD.
WHEREAS, on January 20, 1993 the City Commission adopted
Resolution No. 93-20698 which created the Flood Plain Management
Board and prescribed its membership, powers and duties and
i
operating procedures; and
WHEREAS, the powers and duties of said Board include deciding
appeals from decisions of the Building Official regarding the Flood
Plain Management Ordinance and granting or denying requests for
variances from the restrictions of that Ordinance; and
WHEREAS, the City has a Board of Adjustment which decides
appeals of decisions of officials regarding the Zoning Ordinance
and grants or denies requests for variances from the restrictions
of the Zoning Ordinance; and
WHEREAS, the City Commission believes that it is in the best
interests of the City to have the members of the Board of
Adjustment also serve as the Flood Plain Management Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Section 2 of Resolution No. 93-20698 which is attached
hereto and incorporated herein and which created the Flood Plain
Management Board shall be amended as follows:
Section 2. Composition and Qualifications of Members.
The Board shall be composed of five (5) voting mcmbcr3 who
ohal1 3crve without compcn3ation and one (1) ex efficio member.
The five (5) voting mcmbera Shall be appointed by the City Manager.
The voting mcmbcr3 3ha11 include one (1) architect, one (1)
enginoe —an ree—(-3) dd o members,eat--seleetod from—a
different one of the following categories-, law, real c3tate
devel-epment genera-bu9ne5^ m' owner-e
be duly licensed by the State et -Florida. The member representing
Vet-inej--memhers—e-f---t-he—Bear-ei—mtst--4ae—eit-her-----reaidents—ef—er—have
the eipal p-l-ae•e—a€-business he City of -MiamiBeaeh. the
members of the City's Board of Adjustment. The City's Building
Official shall be an ex-officio member; the ex-officio member shall
not have voting privileges and shall not be counted in determining
a quorum. The City Attorney's Office shall serve as legal advisor
to the Board.
SECTION 2.
That Section of Resolution No. 93-20698 which is attached
hereto and incorporated herein shall be amended as follows:
Section '3. Terms of Office.
The terms of office of the voting members of the Board shall
be appointed by the City Manager with the eon3ent of a majority of
the Mayor and City Commission. Members may be removed by the City
Manager at any time without cause, notice or hearing. Unless
cooncr removed by the City Manager, said members shall serve for a
term of one (1) year. In the event of a vacancy on the Board, a
pired portion of the term
by the City Manager upon consent by a majority of the Mayor and
City Commission. coincide with their terms of office on the Board
of Adjustment.
PASSED and ADOPTED this 6th day . October f 1993.
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ATTEST:
YOR
(-Ye/LA.0\A vlf /k.••••.....-
CITY CLERK
SWS:scf:disk3\flud-boa.res
FORM APPROVED 2
LEGAL DEPT.
By Sri
Date 11- '�
RESOLUTION NO. 93-20698
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
CREATING THE FLOOD PLAIN MANAGEMENT
BOARD, PRESCRIBING ITS MEMBERSHIP,
POWERS, AND DUTIES, AND ESTABLISHING
PROCEDURES FOR ITS OPERATION AND
FEES FOR DEFRAYING COSTS OF APPEALS
AND VARIANCES.
WHEREAS, on December 2, 1992, the City Commission of the City
of Miami Beach, Florida, adopted Ordinance No. 92-2822 establishing
regulations for development within flood hazard areas and providing
for requests for variances from such regulations and appeals from
administrative interpretations of the regulations to be decided by
a Flood Plain Management Board as established by the City; and
WHEREAS, the Federal Emergency Management Agency (FEMA) has
recommended that said Board be composed of citizens;, and
WHEREAS, the creation of the Board will enable the City to
participate in the National Flood Insurance Program and will
encourage development and rehabilitation of properties within the
City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Flood Plain Management Board.
The City of Miami Beach Flood Plain Management Board is hereby
created.
Section 2. composition and Qualifications of Members.
The Board shall be composed of five (5) voting members who
shall serve without compensation and one (1) ex-officio member.
The five (5) voting members shall be appointed by the City Manager.
The voting members shall include one (1) architect, one (1)
engineer and three (3) additional members, each selected from a
different one of the following categories; law, real estate
development, general business and an owner of property within the
City of Miami Beach. Any member representing the professions of
law, architecture, engineering or certified public accounting shall
be duly licensed by the State of Florida. The member representing
general business shall be of responsible standing in the community.
Voting members of the Board must be either residents of or have
their principal place of business in the City of Miami Beach. The
City's Building Official shall be an ex-officio member; the ex-
officio member shall not have voting privileges and shall not be
counted in determining a quorum. The City Attorney's Office shall
serve as legal advisor to the Board.
Section 3. Terms of Office.
The voting members of the Board shall be appointed by the City
Manager with the consent of a majority of the Mayor and City
Commission. Members may be removed by the City Manager at any time
without cause, notice or hearing. Unless sooner removed by the
City Manager, said members shall serve for a term of one (1) year.
In the event of a vacancy on the Board, a new appointment shall be
made for the unexpired portion of the term by the City Manager upon
consent by a majority of the Mayor and City Commission.
section 4. organization, Quorum Voting Requirements.
The members of the Board shall elect a chairperson and such
other offices or may be deemed necessary, who shall serve at the
will of the Board. Four (4)J members of the Board shall constitute
a quorum. The concurring vote of four (4) members shall be
necessary to reverse or affirm a decision or determination of the
Building Official or approve a request for a variance. Regular
meetings shall be held once monthly; however, in the event that no
administrative appeal or variance request has been filed for any
given regular meeting, that meeting need not be held. Special
meetings may be held at the call of the chairperson or by written
request of three (3) members. The Board shall adopt its own rules
of procedure not inconsistent with this Resolution and with
Ordinance No. 92-2822 as amended, and shall keep minutes of its
proceedings showing its action on each question considered.
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section 5. Duties and Powers of the Board.
The Board shall have the following duties, functions, powers
and responsibilities:
(a) To hear and decide appeals when it is alleged that there
is an error in any requirement, decision or determination
made by the Building Official in the enforcement of
Ordinance No. 92-2822 as amended; according to the
requirements and procedures set forth in Section 8-14
therein and, in this Resolution. In exercising this
power, the Board may reverse or affirm, wholly or partly,
the requirement, decision or determination from which the
appeal is taken.
(b) To hear and decide requests for variances from the
provisions for flood hazard reduction as set forth in
Section 8-16 of Ordinance No. 92-2822 as it may be
amended, according to the requirements and procedures set
forth in Section 8-15 therein and in this Resolution. In
granting a variance, the Board may prescribe appropriate
conditions and safeguards.
(c) To consider and act upon any and all matters referred to
it by the City Commission or by provisions of any City of
Miami Beach Ordinance.
Section 6. Conflict of Interest.
Members of the Board shall abide by the applicable provisions
of Chapter 112, Florida Statutes (1991) , as amended, the
Metropolitan Dade County Code and the Code of the City of Miami
Beach, and shall be subject to removal from office for the
violation of the terms thereof.
Section 7. Procedure.
In addition to the procedures set forth in Sections 8-14 and
8-15 of Ordinance No. 92-2822, the following procedures shall be
followed by the Board.
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(a) Any Person appearing before the Board on an 'application
for a variance or an application for an appeal of a
decision of the Building Official shall be administered
the following oath by any person duly authorized under
the laws of Florida 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. "
Any Person giving false testimony before the Board on an
application for a variance or on appeal of a decision of
the Building Official shall be subject to the maximum
penalty provided by law.
(b) Upon the withdrawal or denial of an application for a
variance, no new application may be filed for such
variance within six (6) months following such withdrawal
or denial, unless, however, the decision of the Board
taking any such final action is made without prejudice,
or unless the withdrawal of such application is permitted
• to be made without prejudice. An application may be
withdrawn without prejudice by the applicant as a matter
or right, if such request is signed by the applicant and
filed with the Building Official prior to the giving of
any required notice; 'otherwise, all such requests for
withdrawal shall be with prejudice, save and except that
the Board may permit withdrawals without prejudice at the
time the application for said variance is considered by
the said Board; provided further, that no application may
be withdrawn after final action has been taken.
Section 8. Fees.
The following fees are established for the purpose of
defraying expenses and costs in connection with variance requests;
when it is alleged there is an error in any requirement, decision,
or determination made by the Building Official; or a request for
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the Board to clarify a condition, finding, or amend a decision.
(a) Appeal from a decision $250
of the Building Official
(b) Variance request-Single $150 filing fee
Family Residence plus $80 for each
individual
variance requested
(c) Variance request - $600 filing fee plus
Multi-family, Commercial, $150 for each
Industrial or Mixed-Use individual variance
Development properties requested
(d) Deferment requested by $80 per variance
applicant for variance
for Single-Family
residence
(e) Deferment requested by $80 per variance but
applicant for variance not less than $150
for Multi-Family,
Commercial, Industrial
or Mixed-Use property
(f) When an applicant requests a clarification, extension of
time, an amendment to a previous Board decision, or any
other request that is not a variance or an appeal of a
decision of the Building Official, a fee of $150.00 shall
be assessed. Public notice requirements shall be the
same as for the pertinent appeal or variance. The
applicant shall also pay the proportionate cost of any
required advertisements.
(g) If a request for a deferral is approved by the Board and
not at the request of an applicant, there will not be an
additional fee.
(h) If the applicant withdraws his application after it has
been accepted by the Building Official, the City shall
refund 50% of all required fees and no further refund
shall be made.
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(i) A hearing or appearance by the applicant before the Board
shall not be scheduled or permitted until the Building
Official has determined that the application is complete
and all fees have been paid.
PASSED and ADOPTED this 20th day of January
1993.
ATTEST: YOR
•
�� - E - FORMA"RO ED
CITY CLERK
LE..,. L ' ' 'T.
B '.L1 441 4
��S1tS:scf:dlskl\floodpin.res Date //03
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305)673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. j5•)-93
TO: Mayor Seymour Gelber and DATE: October 6, 1993
Members of the City Commission
FROM: Roger M. Carl
City Manag r
SUBJECT: AMENDMENT TO ZONING ORDINANCE NO. 89-2665 EMPOWERING THE
BOARD OF ADJUSTMENT TO SERVE AS THE CITY'S FLOOD PLAIN •
MANAGEMENT BOARD - FIRST READING
ADMINISTRATION RECOMMENDATION
•
The City Administration recommends that the City Commission,upon holding a public hearing
and due consideration, adopt on first reading the proposed amendment to Zoning Ordinance
89-2665 empowering the Board of Adjustment as the City's Flood Plain Management Board.
BACKGROUND
The City Administration is requesting an amendment to Section 16 (Board of Adjustment) of
Zoning Ordinance No. 89-2665. Specifically, the amendment would designate the Board of
Adjustment as the City's Flood Plain Management Board which is authorized to hear appeals
from decisions of the Building Official regarding the Flood Plain Management Ordinance and
requests for variances from that Ordinance.
The Planning Board,at its meeting of August 3, 1993, voted 6-0 to recommend approval of the
proposed amending Ordinance. _
ANALYSIS
In the past, only Dade County had the authorization to grant a variance from flood plain
regulations or to overturn the decision of a local building official with regard to flood plain
criteria. Recently,that authority was delegated to local municipalities. On December 2, 1992,
the Miami Beach City Commission adopted Ordinance No. 92-2822 which established flood
plain regulations and provided for variances from those regulations and appeals from decisions
of the Building Official's interpretation of those regulations. The Ordinance provided for the
establishment of a Flood Plain Management Board to hear the requests for variances and
appeals.
On January 20, 1993, the City Commission passed Resolution No. 93-20698 which created the
City's Flood Plain Management Board and required that the Board consist of five (5) voting
members; an architect, engineer and three (3) members each from a different one of the
following categories: law, real estate development, general business and/or a property owner.
The members were required to be Miami Beach residents or have their principal places of
business in Miami Beach. The City's Building Official was to be an ex-officio member of the
Board.
Although members of the Board were appointed,there have as yet been no appeals or variance
requests to be heard.
At the time the Board was appointed, there was some feeling on the part of the City
Commission that the Board of Adjustment could serve as the Flood Plain Management Board;
however, since this required a lengthy Zoning Ordinance amendment process and FEMA
SS
AGENDA
ITEM
DATE ( V -- `9 3
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required that the City appoint its Board immediately, it was decided to appoint the current
Board and to consider such an amendment to the Zoning Ordinance at a later date. The
Ordinance before you today is that amendment.
CONCLUSION
Since the Board of Adjustment already acts in a similar capacity when it hears requests for
variances, appeals of Administrative decisions and also hears appeals as the Property
Maintenance Appeals Board,the Administration has concluded that an added function serving
as the Flood Plain Management Board would be both logical and appropriate. Accordingly,we
are recommending approval of the amendment to Zoning Ordinance No. 89-2665.
DJG:MHF:ml
cc: John Dellagloria, Chief Deputy City Attorney
a:PB(#2)\1150com.93
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