C4B-Ref- LUDC - PB - Modify Sec 142-108 Of LDR-Eliminate Conflict w- Fla Bldgr
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OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
the Plonning Boord to modiFy Section 142-108 of the Lond Development
Regulotions in order to eliminote ony conflict with the Florido Building
Code.
Pleose ploce the obove item on the Moy 6,2015 City Commission ogendo.
Attoched is o copy of the proposed ordinonce.
lf you hove ony questions, pleose contoct me ot extension 6622,
JWVM
We orc ammiited lo providing excelbttt public senice ond sabry to all who live, work, and play h our vibrortt, tropical, hisloric conmunity
Jimmy L. Moroles, City Monoger
fI I rY, #Jr
Ji;n"Iilii:ri1:^Ytur'; 4q 4/'
Referrql of on Ordinonce to fie Lond Use ond D"r/op."nt Committee ond
Agenda ttem C/8
Date {-G -/ {110
DEMOLITION PROCEDURES FOR PRE.{942 SF HOMES
oRD|NANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR's) OF
THE CITY CODE, By AMEND|NG CHAPTER 142, l,ZONtNc DISTRTCTS AND
REGULATIONS," ARTTCLE ll, "DISTRICT REGULATIONS," D|VISION 2, ',RS.l, RS.2,
RS.3, RS4 SINGLE.FAMILY RESIDENTIAL DISTRICTS,' $ECTION 142.108,
"PROVISION8 FOR THE DEMOLITION OF SINGLE.FAMILY HOMES LOCATED
OUTSIDE OF HISTORIC DISTRICTS;" BY AMENDING THE REQUIREMENTS AND
PROCEDURES FOR THE ISSUANCE OF A DEMOLITION PERMIT PRIOR TO THE
ISSUANOE OF A FULL BUILDING PERMIT FOR ARCHITECTURALLY SIGNIFICANT
PRE-{942 SINGLE FAMILY HOMES; PROVIDING FOR CODIFIGATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote
the public health, safety and general welfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs")
provides for the regulation of land within the Gity; and
buildingbe da on a site,
WHEREAS, due to this conflict between State law and City Code, the City Code is
recommended to be modified to require compliance with all building permit payments,
impact fees, etc., but not require a final issued building permit as doing so would conflict
with the FBC;and
WHEREAS, the Planning Board, at its meeting dated_, 2015, by a vote of
_, recommended in favor of the Ordinance; and
WHEREAS, the amendments sat forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
sEcTtoN 1.
That Chapter l42, "Zoung Districts and Regulations," Afiicle II, "Distict Regulations,'' Division 2,
"Single Family Residential Disfticts," of the Land Development Regulations of the Code of the City
111
(0
ofMiami Beaoh, Irlorida is hereby amended as follows:
DIVISION 2. RS.{, RS.2, RS.3, RS.4 SINGLE.FAMILY RESIDENTIAL DISTRICTS
Sec. {42-{08. - Provieions for the demolition of single-family homes located outside
of historic districts.
lssuance of demolition permits for architecturally significant homes.
(1) Emeryency demolition orders. This section shall not supersede the
requirements of the applicable building code with regard to unsafe structures
and the issuance of emergency demolition orders, as determined by the
building official.
(4. A demolition permit for the total demolition of an Architecturallv significant
g[pgle-family home constructed orior to 1942, shall not be jgsued unleqs a*ll
ins
criteria are satisfied:
a the issuance of a building_p€LndL@
construction;
h" the building_permit appliealion_and_all_required plAnler$eJew
construction shall be reviewed and approved by_lic_flannmg
Depedment;
c. all applicable fees for the new construction shall be paidjncluqing
but .not limited to,_ lUjlding_rermi!-_antl-nlpactleeg. €s=tuelt_as
aBplisablilqlgurcnev and pa$iag rmp€glfeeg;
d. A tree survey. if required. shall be submitted and, a repleggtrg!
glan jltgeluired,@oproyed bylheGreenspace
L4enagementllvlsjgtr;
e. all deb[s associated with the demolition of the structure shall be re-
qtglee[. in accordance with the applicable requirements of the Florida
Building Code.
SECTION 2.REPEALER
All ordinances or parts of ordinances and all section and parts of sections ln 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 renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
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SECTION 4. SEVERABILITY
[.gny-S!ign, subsection, clau provision of this Ordinance ls hetd invalid,
the remainder shall not be affected by such invalidity.
sEcTroN 5. EFFEqIVE 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
APPROVEDAS TO
FORM AND
LANGUAGE
& FOR EXECUTION
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City Attorney Date
First Reading: , 2015
Second Reading: ,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underline denotes new language
Stritetnreugh denotes deleted language
[Sponsored by Commissioner Malakofil
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