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BIE - Suspension of Exterior Color Review Requirements (9/24/2025)TO: Mayor Steven Meiner and Members of the City Commission FROM: Eric Carpenter, City Manager MEETING DATE:October 29, 2025 SUBJECT: BUSINESS IMPACT ESTIMATE SUSPENSION OF EXTERIOR COLOR REVIEW REQUIREMENTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED ZONING DISTRICTS AND REGULATIONS GENERAL TO ALL ZONING DISTRICTS SECTION AND REQUIREMENTS FOR THE REVIEW OF EXTERIOR SURFACE COLORS ON BUILDINGS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. Is a Business Impact Estimate Required? Yes No (If no, please check one of the boxes below) If one or more boxes are checked below, this means the City of Miami Beach has determined that a Business Impact Estimate for the above-referenced Ordinance is not required by State law. The proposed Ordinance is required for compliance with Federal or State law or regulation; The proposed Ordinance relates to the issuance or refinancing of debt; The proposed Ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; The proposed Ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the City; The proposed Ordinance is an emergency ordinance; The Ordinance relates to procurement; or The proposed Ordinance is enacted to implement the following: a. Private applications for comprehensive plan amendments and land development regulation amendments; b. Development orders, development permits, and development agreements; c. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or Docusign Envelope ID: 1B01504F-716F-4210-A6C1-3E3A3D919883 Business Impact Estimate Page 2 e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. If none of the above exceptions apply, this Business Impact Estimate is hereby provided in accordance with Section 166.041(4), Florida Statutes. 1. Summary A summary of the proposed ordinance and its purpose is more fully set forth in the Commission Memorandum accompanying the ordinance, as well as in the recitals to the ordinance itself, provided at First Reading and attached hereto. 2. An estimate of the direct economic impact of the proposed Ordinance on private, for- profit businesses in the City of Miami Beach, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; The proposed ordinance does not apply to existing, legally established businesses. (b) Any new charge or fee imposed by the proposed Ordinance or for which businesses will be financially responsible; The proposed ordinance does not apply to existing, legally established businesses. (c) An estimate of the regulatory costs, including estimated revenues from any new charges or fees to cover such costs. The proposed ordinance would generate no more than nominal additional regulatory costs, which may be associated with administration activities by applicable City departments. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed Ordinance: The proposed ordinance does not apply to existing, legally established businesses. 4. Additional comments: Docusign Envelope ID: 1B01504F-716F-4210-A6C1-3E3A3D919883 Ordinances - R5 L COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: September 3, 2025 10:20 a.m. First Reading Public Hearing TITLE: SUSPENSION OF EXTERIOR COLOR REVIEW REQUIREMENTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED “MIAMI BEACH RESILIENCY CODE,” CHAPTER 7, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE I, ENTITLED “GENERAL TO ALL ZONING DISTRICTS,” SECTION 7.1.7, ENTITLED “COLOR OF EXTERIOR SURFACES,” TO SUSPEND THE PROCEDURES AND REQUIREMENTS FOR THE REVIEW OF EXTERIOR SURFACE COLORS ON BUILDINGS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the Mayor and City Commission (City Commission) not approve the subject ordinance at First Reading. BACKGROUND/HISTORY On February 3, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred a discussion item pertaining to paint permits for buildings in multi-family and commercial districts (C4 X) to the Land Use and Sustainability Committee (LUSC). On April 15, 2025, the LUSC recommended that the proposed draft ordinance be referred to the Planning Board. Additionally, Commissioner David Suarez became a co-sponsor of the proposal. On May 21, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred the item to the Planning Board (C4 D). ANALYSIS Exterior surface colors are regulated pursuant to Section 7.1.7 of the Land Development Regulations of the City Code (LDRs) as follows: 7.1.7 COLOR OF EXTERIOR SURFACES 7.1.7.1 Purpose The purpose of this section is to enhance the unique architectural environment of the city by establishing guidelines for the choice of primary colors for the exterior surfaces of buildings and structures, including courtyards accessible to the public. 7.1.7.2 Applicability a. The painting of all public and private development, including, but not limited to, new buildings, structures, additions or alterations and the repainting of existing buildings and structures, shall be subject to these regulations and shall be reviewed under the certificate of appropriateness or design review procedures as set forth in chapter 2. b. The reflectance, tinting and coloration of glass on the elevations of a building or structure shall Docusign Envelope ID: 1B01504F-716F-4210-A6C1-3E3A3D919883 be subject to these regulations and shall be reviewed under the certificate of appropriateness or design review procedures as set forth in chapter 2. c. The color of unpainted natural or manufactured materials applied to the exterior facade of buildings or structures shall be subject to these regulations and shall be reviewed under the certificate of appropriateness or design review procedures as set forth in chapter 2. d. The color of roof tiles or roof finishes shall be subject to these regulations and shall be reviewed under the certificate of appropriateness or design review procedures as set forth in chapter 2. 7.1.7.3 Color selection procedures and review criteria a. The city exterior color review chart (color chart). 1. A pre-approved color chart shall be available in the planning department. An applicant for a building permit for paint or the application of a building surface material shall select a color of equal or lesser intensity than a color intensity from the color chart. 2. The city exterior color review chart shall consist of the following components: A. City-wide color intensities. These intensities shall be applicable to all structures, except for contributing structures, buildings, improvements in locally designated historic districts and historic sites. B. Historic district color intensities. These intensities shall be applicable to contributing structures, buildings and improvements in locally designated historic districts and to historic sites. C. Mediterranean revival architecture colors. These colors are applicable only to Mediterranean revival architecture buildings and structures and are limited to natural earth tones as represented by examples on the color chart. For purposes of this section 7.1.7.3.a.2.C, Mediterranean revival architecture shall be defined as those structures built between 1915 through 1940. This style is generally characterized by, but not limited to, stucco walls, low pitch terra cotta or historic Cuban tile roofs, arches, scrolled or tile capped parapet walls and articulated door surrounds, or Spanish baroque decorative motifs and classical elements. 3. Colors commonly described with terms such as neon, fluorescent, day-glo, iridescent and similar terms shall not be permitted to be applied to the exterior surface of any structure unless such color has been approved by the design review board or joint design review board/historic preservation board, as applicable. b. Permit required. 1. A building or structure shall not be painted or have applied a natural or manufactured material as an exterior facade without first receiving a building permit or paint permit pursuant to the applicable requirements of the Florida Building Code and the city’s land development regulations. No building or structure shall be painted or have a material applied to the exterior facade, except in a paint color or material approved pursuant to the provisions of this section 7.1.7.3.b. 2. Permits for repainting of existing structures or painting of new structures, or applying a natural or manufactured material to an exterior facade, shall not be issued until either: (a) the applicant selects a color from the approved color chart for approval of paint permit application, or (b) has a specific color, not represented in the color chart, or a specific color which may require approval of the design review board or historic preservation board as applicable. This provision does not apply to single family homes unless designated historic or located in a historic district. 3. If the building or structure to be painted, or surfaced with a natural or manufactured material, requires a permit or approval in addition to a paint or material approval from a board or the planning, design and historic preservation division, the applicant may submit an application for a building permit or board approval simultaneously with an application for paint or material color approval. However, a certificate of occupancy, certificate of completion, or certificate of use, whichever is requested earlier, shall not be issued until the planning, design and historic preservation division or design review Docusign Envelope ID: 1B01504F-716F-4210-A6C1-3E3A3D919883 or historic preservation board, as applicable. The planning director shall have the authority to approve or deny the color selection based upon the criteria as set forth in section 7.1.7.3.c. The criteria listed in section 7.1.7.3.c may be utilized for projects being reviewed by the design review or historic preservation board, as applicable. c. Review criteria. 1. The exterior of each wall of a building or structure shall be in a color of equal or less intensity than one of the colors on the city exterior color review chart. 2. Color intensities greater than those represented on the city exterior color review chart may be utilized only for purposes of emphasizing trim and accenting architectural features of a structure and shall be limited to the trim. 3. Color intensities listed in neighborhood plans or, to the extent applicable, listed in exterior design guidelines adopted by the city commission may be used, in the neighborhoods or areas defined in such plans or guidelines, in lieu of those specified in the city exterior color review chart. 4. Colors selected shall be appropriate to the architectural style, ornamentation, massing and scale of the structure. All requests for paint permits using either pre-approved or non-pre-approved colors are made through the Citizen Self Service (CSS) system. Attached, for informational purposes, are the pre- approved exterior colors for buildings on Miami Beach. The following is a summary of the steps involved in obtaining approval for an exterior paint permit through the CSS portal: Pre-Approved Colors 1. In the CSS portal, an applicant types on the search bar “paint” and chooses “Exterior Paint permit” for paint colors included in the City’s preapproved colors. Pre-approved paint colors can be accessed on the city’s website under Planning and Zoning, and the following is a direct link to the pre-approved colors: https://www.miamibeachfl.gov/wp-content/uploads/2023/10/Pre- Approved-Paint-Pallet-6-22-23.pdf. 2. The pre-approved paint color is chosen, and the paint permit is issued. 3. There are no fees or inspections required for pre-approved paint colors. A record of the approved color is maintained by the City, for the property. Additionally, planning staff frequently assists any applicant who needs assistance creating a CSS account, which is also free, as well as navigating the list of colors. Non Pre-Approved Colors 1. In the CSS portal, an applicant types on the search bar “paint” and chooses “Paint Permit Non- preapproved Color(s). 2. The following are required to be uploaded by the applicant: a. Current color photographs of the building showing all sides. b. Building elevation drawings or color photographs indicating the location of the proposed base color and trim, as applicable. c. Color swatches of all proposed paint colors with the identification of the brand and paint number. For non-pre-approved paint colors, if the proposed color is equal to or of a lesser intensity than the closest corresponding color listed on the pre-approved paint colors, the permit can be Docusign Envelope ID: 1B01504F-716F-4210-A6C1-3E3A3D919883 reviewed and approved administratively. There is a nominal review fee of $102.00 and a planning inspection is required after the painting is completed, to ensure that the approved color was used. Additionally, planning staff provides assistance to any applicant who may need help creating a CSS account, which is also free, as well as uploading the required documents. If a non-pre-approved color exceeds the intensity of the closest corresponding color on the pre- approved color list, approval from the Design Review Board (DRB) or Historic Preservation Board (HPB), as applicable, would be required. If adopted by the City Commission, the proposed ordinance would suspend the requirements of Section 7.1.7 from October 1, 2025 until March 31, 2026, as it pertains to exterior colors on stucco, plaster and similar surfaces only. The suspension of these requirements would sunset and stand automatically repealed on March 31, 2026. The Administration does not recommend suspending or modifying the current requirements for the review and approval of exterior surface colors, including the requirement for permits to paint the exterior of a building in any district. In this regard, exterior surface finishes can have a significant impact on the appearance and architectural integrity of a building and applying very dark paint in a haphazard manner could have detrimental impacts that are difficult to reverse. Also, if a building owner chose an extremely loud and vibrant color, it could lead to neighboring building owners proposing a competing color, simply to get attention; glaring colors on a building are often better than a big sign, in terms of drawing attention. PLANNING BOARD REVIEW On July 28, 2025, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with an unfavorable recommendation (6-0). FISCAL IMPACT STATEMENT No Fiscal Impact Expected Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION Not Applicable CONCLUSION The Administration recommends that the City Commission not approve the subject ordinance at First Reading. Should the City Commission approve the ordinance, Second Reading public hearing may be scheduled for October 29, 2025. Applicable Area Citywide Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17? Is this item related to a G.O. Bond Project? Docusign Envelope ID: 1B01504F-716F-4210-A6C1-3E3A3D919883 Yes No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Planning Sponsor(s) Commissioner Alex Fernandez Co-sponsor(s) Commissioner David Suarez Commissioner Joseph Magazine Condensed Title 10:20 a.m. 1st Rdg PH, Suspension of Exterior Color Review Requirements. (AF/DS/JM) PL 5/7 Previous Action (For City Clerk Use Only) Docusign Envelope ID: 1B01504F-716F-4210-A6C1-3E3A3D919883 Docusign Envelope ID: 1B01504F-716F-4210-A6C1-3E3A3D919883 Docusign Envelope ID: 1B01504F-716F-4210-A6C1-3E3A3D919883 Docusign Envelope ID: 1B01504F-716F-4210-A6C1-3E3A3D919883 Docusign Envelope ID: 1B01504F-716F-4210-A6C1-3E3A3D919883 Docusign Envelope ID: 1B01504F-716F-4210-A6C1-3E3A3D919883