R5F-Nonconforming Buildings Balconies -Malakoff-COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance Amendment to modifying and clarifying allowable additions to
non-conforminq buildinqs.
!ntended Outcome
AGENDA rrem RSF
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the Citv to requlate development is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING
The proposed Ordinance would allow for projecting balconies and balconies supported by columns to
extend up to 30 feet from an existing building wall up to the highest habitable floor of the building and
not be considered a ground floor addition. Such construction would be subject to the review and
approval of the design review board or historic preservation board, as applicable.
The Administration recommends that the City Commission 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading
and set a Second Reading Public Hearing for February 11,2015.
On December 15, 2014 the Planning Board recommended approval of the subject Ordinance by a
vote of 6 to 0 (Planning Board File No. 2204).
Financial I nformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
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MIAMIBEACH DATE I-,q-I T407
MIAMIBEACH
City of Miomi Beoch, ,l700 Convenlion Center Drive, Miomi Beoch, Florido 33,I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Membersfof tne Citil
Jimmy L. Morales, City Manager
January 14,2015
Nonconforming Buildings - Balfonies
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAM! BEAGH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 118,,.ADMINISTRATIVE AND REVIEW PROCEDURES", ARTICLE IX,
"NONCONFORMANGES," BY AMENDTNG SECTION 118-395, "REPAIR
AND/OR REHABILITATION OF NONGONFORMING BUILDINGS AND
USES," BY MODIFYING AND CLARIFYING ALLOWABLE ADDITIONS TO
NON-CONFORMING BUILDINGS; PROVIDING FOR GODIFICATION;
REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFEGTIVE DATE.
ADM!NISTRATION REGOMMENDATION
The Administration recommends that the City Commission 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and set a Second Reading Public Hearing for
February 11,2015.
BAGKGROUND
On October 29, 2014, at the request of Commissioner Malakoff, the City Commission
referred a discussion item to the Land Use and Development Committee and the
Planning Board (ltem C4B) to permit the addition of balconies on non-conforming
buildings.
On November 5, 2014, the Land Use and Development Committee referred the item to
the Planning Board with a recommendation that the ordinance only apply to balconies
and balconies with columns on non-conforming buildings.
ANALYSIS
Under current Land Development Regulations, the addition of balconies that project from
a building's fagade and which are supported by columns, are considered a ground floor
addition. Ground floor additions have pre-existing height limits, depending on the zoning
TO:
FROM:
DATE:
SUBJECT:
Commission
FIRST READING
408
Commission Memorandum
Ordinance Amendment - Nonconforming Buildings - Balconies
January 14,2015 Page 2 of 2
district in which they are located. Therefore, balconies that require structural columns
for support cannot be added to existing nonconforming buildings if such buildings
exceed the maximum allowable height in their district.
The proposed Ordinance would allow for projecting balconies and balconies supported
by columns to extend up to 30 feet from an existing building wall up to the highest
habitable floor of the building and not be considered a ground floor addition. Such
construction would be subject to the review and approval of the design review board or
historic preservation board, as applicable.
There is increasing demand for larger balconies as the residents of residential buildings
desire greater ability to enjoy the outdoors and the unique environment of Miami Beach.
Existing regulations, such as required yards, and the design review or historic
preservation process will ensure that the larger balconies do not negatively impact
surrounding properties.
PLANNING BOARD REVIEW
On December 15, 2014, the Planning Board (by a vote of 6-0) transmitted the proposal
to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and set a Second Reading Public Hearing for
February 14,2015.
JLM/JMJ/TRM/MAB/RAM
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NON CONFORMING BUILDINGS - BALCONIES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
GIry OF MIAMI BEAGH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 1{8,..ADMINISTRATIVE AND REVIEW PROCEDURES", ARTICLE IX,
ENTITLED "NONCONFORMANCES," BY AMENDING SECTION 118.
395, ENTITLED "REPAIR AND/OR REHABILITATION OF
NONCONFORMING BUILDINGS AND USES," BY MODIFYING AND
CLARIFYING ALLOWABLE ADDITIONS TO NON.CONFORMING
BUILDINGS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 118, of Article lX; at Section 118-395, provides for
regulations relating to nonconforming uses and structures; and
WHEREAS, certain properties may have been constructed without balconies, or
may desire to enlarge existing balconies, and may want to add that amenity to their
property, but would be precluded from doing so under the nonconformance section of
the Code; and
WHEREAS, while not increasing nonconforming structures or uses, a revision to
Section 1 18-395 would make clear that a property may add a balcony or other similar
structure(s), provided there are no issues relating to exceeding required maximum Floor
Area Ratios, or any possible violation of setback requirements; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter llS, "Administrative and Review Procedures," Article lX, entitled
"Nonconformances," and Section 118-395, entitled "Building nonconforming in height,
density, parking, floor area ratio or bulk," are hereby amended as follows:
Sec. 118-395. - Repair and/or rehabilitation of nonconforming buildings and uses.
Nonconforming uses. lf a building which contains a nonconforming use is,
repaired or rehabilitated at a cost exceeding fiftv (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.
(a)
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(b)Nonconforming buildings.
(1) Nonconforming buildings which are repaired or rehabilitated by less
than fiftv (50) percent of the value of the building as determined by the
building official shall be subject to the following conditions:
Repaired or rehabilitated residential andior hotel units shall
meet the minimum unit size requirements as set forth for the
zoning district in which the property is located. The number of
units in the building shall not be increased.
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.
Such repairs or rehabilitation shall meet the requirements of the
City property maintenance standards, the applicable Florida
Building Code, and the Fire Safety Code.
lf located within a designated historic district, or an historic site,
the repairs or rehabilitations shall comply substantially with the
Secretary of lnterior Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Structures, as amended, as well as
the certificate of appropriateness criteria in Article X of these
Land Development Regulations. lf the repair or rehabilitation of
a contributing structure conflicts with any of these regulations,
the property owner shall seek relief from the applicable building
or Fire life-Ssafety Ceode.
e. Anv new construction shall complv with the existino eu+rent
development regulations in the zoninq district in which the
propertv is located, orovided however.
batconies.
baleenie+ includinq proiectino balconies and balconies
supported bv columns, not to exceed a depth of 30 feet from an
existino buildino wall, anC-mav be permitted_ as__a_ height
exception. fne aOO
ineludins-up to the heiqht of the hiqhest habitable floor for a
buildino non-conformino in heioht. provided such balconies
meet applicable FAR and setback requlations.' Any_aolditign_o'[
a balconv shall be subiect to the review and approval of the
desion review board or historic preservation board, as mav be
applicable.
Nonconforming buildings which are repaired or rehabilitated by more
than fiftv (50) percent of the value of the building as determined by the
building officialt shall be subject to the following conditions:
a. All residential and hotel units shall meet the minimum and
average unit size requirements for rehabilitated buildings as set
forth in the zoning district in which the property is located.
b. The entire building, and any new aCditien construction shall
meet all requirements of the City property maintenance
standards, the applicable Florida Building Code and the Fire
Safety Code.
b.
c.
d.
(2)
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c. The entire building and any new adCitien 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.
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained, that the
provisions of this Ordinance shall become and be made part of the Code of the City
of Miami Beach, as amended; that the sections of this Ordinance may be re-
numbered or re-lettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading:January 14,1
Second Read
Verified By:
as R.
Planning Director
(Sponsor Commissioner Joy Malakoff)
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APPROVED AS IO
FORM & IANGUAGE5
15 & FQR EXECUTION
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