2004-3468 Ordinance
Single Family Demolition Procedures - Revisions
ORDINANCE NO. 2004-3468
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
DIVISION 2, "SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY
REVISING PROCEDURES FOR THE REVIEW AND APPROVAL OF
DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES
CONSTRUCTED PRIOR TO 1942 AND NOT LOCATED WITHIN A
DESIGNATED HISTORIC DISTRICT; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (City) places a strong emphasis on the retention and
preservation of existing, architecturally significant single family homes; and
WHEREAS, the Mayor and City Commission have deemed it in the best interest and welfare
of the City to adopt revised procedures for the review and issuance of demolition permits for all
single family homes constructed prior to 1942 and located outside of a designated historic district;
and
WHEREAS, the Mayor and City Commission deem it appropriate to protect the significant
architectural history, existing building scale, and unique character of the single family residential
neighborhoods in Miami Beach; and
WHEREAS, the City of Miami Beach Historic Preservation, Design Review and Planning
Boards strongly endorse the proposed amendments to the Single Family Residential Districts Section
of the Code; and
WHEREAS, the amendments set forth below are necessary to accomplish all ofthe above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article II, "District
Regulations," Division 2, "Single Family Residential Districts," of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
DIVISION 2. RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS
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Sec. 142-105.
Development regulations and area requirements.
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(d) Provisions for the demolition of single family homes located outside of historic districts.
Prior to the approval of a permit for partial or total demolition of a home eonstructed prior to 1942,
the planning director, or designee, shall make a detenninatiofl 'lIhether the home is ai"chitecturally
significant according to the f-ollowing criteria:
a. The subject structure is exemplary of a specific architectural style in the city prior to 1942,
including, but not limited to Vernacular, Mediterranean Reyival, .^Jt Deco, Streamline, Post V/ar
Modem, or ',ariations thereof;
b. The exterior of the structure is recognizable as an example of its style al'ld/or period; and
c. .^~ significant exterior architectl:lral characteristic, architectural feature or detail ofthe subjeet
structure is substantially intact.
(1) .^.n applicant may ha'fe a pre application conference with the planning director, or designee
prior to the submission of an application to discuss any aspect of this section. Such pre application
conference and any statements by the planning director, or designee, shall not create any waiver of or
estoppel on the requirements of, or any determination to be made, under this section.
(2) Total demolition. .^.. building permit for the total demolition of any single family home
constructed prior to 1942 shall only be issued follO\ving the determination by the planning director or
designee that the subject structure is not an architecturally significant home. .^.n application for such
determination by the planning director or designee shall be processed by the planning department
within fiye business days of its submission.
(3) Partial demolition. A building permit for partial demolition to aceommodate additions or
modifications to the exterior of any architecturally significant single family home constructed prior
to 1942 shall be issued only upon the prior approval by the plar..ning director, or designee. An
application for such approval shall be processed by the plar..ning department within five business
days of its submission.
Reyie...{ of applications for partial demolition shall be limited to the actual portion of the structure
that is proposed to be modified, demolished or altered, according to the following criteria:
1. Demolition ofthe front facade or architecturally significant portions of a building or structure
shall be permitted, provided the alterations and/or additions are architecturally appropriate to the
original design and scale ofthe building.
2. Demolition of original architectural features on secondary elevations ofthe structure shall be
permitted, provided such demolition does not compromise its overall original design integrity.
3. Demolition associated with facade and building restorations shall be permitted, which are
consistent with historic documentation.
4. The proposed alterations or addition are compatible v/ith the as built scale and character of
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similar surrounding properties.
5. The general design, scale, massing, arrangement, texture, material and color ofthe proposed
alterations or addition are compatible \vith the as btlilt scale and character of similar sl:lITounding
properties.
6. Permitted demolition shall not adversely affect the original architectural design ofthe subject
structure or any subsequent modifications that ha'le acqtlired architectural significance.
7. The proposed alterations or addition shall be designed, sited and massed in a manner that is
sensitive to and compatible with the existing structure.
(4) Issuance of demolition permits.
a. Emergency demolition orders. This section shall not supersede the requirements of the
applicable Building Code with regard to unsafe structuies and the issuanee of emergency dem.olition
orders, as determined by the building official.
b. Minimum flood elevation determination.
1. The determination by the building official that an application for demolition of an
architeeturally significant home arising from. the inability to meet minimum flood elevation
requirements shall be based upon the review of the f-allowing reqtlired documentation:
a. }~ full set of floor plans and elevation drawings, prepared by a state registered architect,
depicting the renovation or rehabilitation;
b. A full appraisal ofthe existing structlH'e, prepared by a qualified licensed real estate appraiser
and satisfying the standards of the building official; and
c. "A~ construction estimate from a contractor lieensed in the state.
2. Ifthe building official determines that proposed renovations to an arehiteoturally significant
home will require the property o'-'mer to meet minimum flood elevation requirements, the property
o'-'mer shall meet '-'lith the DRB to review the proposed reno'/ations. Such review shall be a pre
condition to the property ovmer's filing of an application for demolition ofthe home. The DRB shaH
explore with the property owner reasonable alternatives such as, but not limited to, red1:1cing the cost
of renovations, minimizing the impact of meeting flood elevation requirements, and designating the
property as a historic site. An application f-ar demolition of such home cannot be approved by the
building official without the prior reyiew ofthe DRB. The DRB shall not have authority to deny an
application for demolition.
3. A demolition permit arising from the inability to meet flood ele'.'ation requirements, for the
total demolition of an architectumlly significant single family home eonstructed prior to 1942, shall
not be issued unless a full building permit for new construction has been issued.
(5) The following shall not require determinations ofthe plarnring director or designee ooder this
section: interior demolitions including plumbing, electrical and mechanical systems, renovations to
the exterior of non architecturally significant structures, or non architecturally significant portions of
a structure, provided they have no ad'lerse impact upon the structural integrity ofthe building or the
original architectural design of the exterior, features and details.
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(6) lfl the event the planning director, or designee, declines to approve a demolition request under
this section for any reason, the applicant may seek review by the single family residential review
board (DRB), composed of one member each from the planning board, the design revie>:; board and
the historic preservation board. Each of these Boards shall appoint two members to the DRB, to
serve on a rotating or as a','ailable basis.
Each board shall determine the term and duration of its appointments. In the event the appointed
members to the DRB are unavailable, the chair ofthe respective board may serve in such capaeity, or
shall designate another member of the board to serve in such capacity. The quorum for the DRB shall
be all three members and a simple majority will be necessary to approve any application. The
planning department shall provide staff support to the DRB and the city attorney's office shall
provide legal counsel.
The DRB shall have regularly scheduled meetings on a bi weekly basis, or as needed; such hearings
shall occur after 5:00 pm. All applications for reyiev,' by the DRB must be filed with the planning
department. Hearings before the DRB shall be noticed by posting the property that is the subject of
the hearing, and a published notice, no less than fi'/e calendar days of the hearing date. The hearing
befme the DRB shall be de noyo. }.n appeal of any decision ofthe DRB shall be to a special master
appointed by the city commission, in accordance with the procedures set forth in section 118 537(b)
of these land development regulations. Thereafter reyiew shall be by certiorari to the circuit court.
(7) New construction procedures f-or single family homes demolished without required approvals
or permits.
For those properties where a single family home constructed before 1942 Vias demolished without
prior approyal ofthe plar.ning department and the single family residential review board, and'lIithout
the required permits from the building official, in addition to any other applicable law in this code or
other codes, the f-ollowing shall apply prior to the issuance of any building permit for any new
construction on the subject site:
a. Purpose. The purpose of this subsection is to ensure that any new construction on the site
where a single family hom.e constructed prior to 1912 was demolished without required approyals or
permits is consistent 'lIith the soale, massing, density, location and height of that structure which
previously existed on site prior to the unpermitted demolition. Where used in this section, the words
"without all required permits", "without prior approval", "':;ithout required permits or approval" shall
not be defined to include dem.olition as a result of forces bey-ond the control of the landowner such
as, f-or example, \vindstorm, flood, or other natural disaster.
b. The design reyiew board shall have jurisdiotion to reyiew and approve all new oonstruction
on the subject site, in accordance with the criteria listed in section 118 251 and this section.
c. Upon the finding that the demolition of any single family home constructed prior to 1942 was
without following the procedures of this section or without all required permits, any new
construction on the same site shall be limited to the overall square footage, building footprint, height
and location of that which previously existed on site prior to the unpermitted demolition, to the
greatest extent possible in accordance with the applicable building and zoning codes.
d. In the event the design revie'", board determines that the single family home demolished without
required approyal or permits was architecturally significant, based upon the criteria in subsection
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142 1 05( d)a. e. herein, the board shall require that the nevI structure be designed and constructed to
match the exterior design and arehitectural details ofthe original stmcture demolished to the greatest
extent possible in the same location, in accordance vlith all a'lailable documentation and in
accordance with the applicable building and zoning eodes.
e. In the event the applicant endeayors to construet a new home on multiple, combined lots, and
one of the lots contained the subject building demolished without required permits and approval,
construction of the new home to match the exterior design and architectural details of the original
home shall only occur on the lot on which the demolished home vias situated. Separate new homes,
\-vhich are not attached in any way to the lot on which the demolished home was situated, may be
construoted on the remaining lots '.vithout appro'lal from the design reyievl board.
f. In the event the owner of a single family home constructed prior to 1942, which has been
demolished without required permits or approyals, can establish good cause, the design review board
may relieye the property owner of some or all of the limitations on new construction herein. The
requirement of good cause shall be satisfied where the unauthorized demolition was solely the result
of intentional or negligent acts of a duly licensed contractor or other third parties, and the owner had
no role in and knov/ledge of the unauthorized demolition.
g. I:n the eyent a single family home constructed prior to 1912 is demolished v/ithout prior
approval ofthe planning department, and the single family residential reyiew board, and without the
required permits from the building official, in addition to any other applicable law in this code or
other codes, the city shall document such demolition, and the applicable requirements and
procedures for any new construction delineated herein, for recording in the public records of Miami
Dade County, to give notice to subsequent purchasers ofthe property.
h. No yariances shall be granted by the board of adjustment from the requirements of subsection
142 105(d)(7), except those yariances which may be required to reconstruct the original structure
demolished without required approyals or permits.
i. Fees. The fee schedule below is provided to defray the costs associated with the
administration ofthis subsection. All applications to the design re'/iew board for the review ofne'.'l
construction as described herein shall require the following fees, upon the sabmission of an
application to the planning department:
1. }J1Y application requiring a hearing bef-ore the board for design review approval shall require
a base fee plus a f-ee per square feet of floor area as proyided in appendix .^...
2. If a deferment or clarification hearing is requested by the applicant, an additional fee as
proyided in appendix }J.. shall bc assessed.
3. If a deferment or clarification of conditions is requested by the board, there will be no
additional fee.
4. If the applicant remoyes a file from the agenda after it has been accepted by the planning
department, the city shall retain 50 percent of the application fee.
5. }J1yafter the fact application shall incur triple fees.
^- Notwithstanding the aboye provision, the design review board may adjust the after the fact
fee based on good cause shown. The request for a fee adjustment shall be in vmting. The adjusted
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after the fact fee shall not be less than the regular application fee.
D. The request shall be part of the design revie\v board application.
6. Revisions to plans previously approved by the board shall require a base fee as proyided in
appendix A phIS one half of the original fee.
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Provisions for the demolition of single family homes located outside of
historic districts.
(1 ) Criteria. Pursuant to a request for Prior to the approval of a permit for partial or total
demolition of a home constructed prior to 1942, the planning director, or designee, shall, or
independently may, make a determination whether the home is architecturally significant
according to the following criteria:
a. The subject structure is exemplary characteristic of a specific architectural style
constructed in the city prior to 1942, including, but not limited to Vernacular,
Mediterranean Revival, Art Deco, Streamline Modeme, Post"\V ar Modem, or
variations thereof;
Section 142-108.
b. The exterior ofthe structure is recognizable as an example of its style and/orperiod.1
and its architectural design integrity has not been modified in a manner that cannot be
reversed without unreasonable expense.
c. A-sSignificant ~xterior architectural characteristic~, architectural feature~ or detail~
ofthe subject structure remain is substantially intact.
d. The subject structure embodies the scale, character and massing of the built context
of its immediate area.
All requests for a determination as to the architectural significance of any single
family home constructed prior to 1942 shall be in writing, signed by the property owner,
stating specifically the reasons asserted for the requested determination and shall include a
copy ofthe building card, current color photos ofthe home, and any microfilm on record, and
two (2) sets of mailing labels, with the names and addresses of all property owners of land
located within 375 ft. of the exterior boundary of the subject property, and an original
certified letter stating that the ownership list and mailing labels are a complete and accurate
representation ofthe real property and property owners within 375 ft. ofthe subject property;
such letter must be dated and give the address of the subject property and its legal
description, subdivision and plat book number and page and state the source for this
information. Within 5 days of the receipt of a request, the planning department shall post a
notice on the subject site and notice shall be given by mail to the owners of record ofland
lying within 375 feet of the property; the mail notification requirement shall be the
responsibility of the applicant and must be completed within 3 days of the receipt of the
notice. Within 10 days of posting the notice, interested persons may submit information to
the planning director to take into consideration in evaluating the request. The director shall
file the decision with the city clerk.
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(2) Appeals. The applicant or any property owner within 375' ofthe subiect single family home
may appeal the decision of the planning director. or designee. which shall bear the
presumption of correctness. pertaining to the architectural significance of a single family
home. within 10 days ofthe rendering of such decision. No demolition permit may be issued
within any appeal period. and if an apl'eal is filed. while the appeal is pending. The appeal
shall be in writing. shall set forth the factual. technical. architectural. historic and legal bases
for the appeal. and shall be to the Design Review Board (DRB).
fBill An applicant may have a pre-application conference with the planning director, or designee~
prior to the submission of a request or an application to discuss any aspect of this section.
Such pre-application conference and any statements by the planning director, or designee,
shall not create any waiver of~ or estoppel on~ the requirements of, or any determination to be
made, under this section.
~@ Total demolition.
~. A building permit for the total demolition of any single family home constructed prior to
1942 shall only be issued following the final determination (after the expiration of time or
exhaustion of all appeals) by the planning director~ or designee~ or the DRB. that the subject
structure is not an architecturally significant home. A property owner may decide agree to
proceed directly to the DRB. pursuant to Section 142-108(7): in this instance. a demolition
permit shall not be issued until a Full Building Permit for new construction has been issued.
,Q. An application request for such determination by the planning director~ or designee~ shall
be processed by the planning department within ten (10) iWe business days of its submission.
,9,. In the event the planning director. or designee. determines that a single-family home
constructed prior to 1942 is architecturally significant. a demolition permit shall require the
review ofthe DRB. The DRB shall explore with the property owner reasonable alternatives
to demolition such as. but not limited to. reducing the cost of renovations. minimizing the
impact of meeting flood elevation requirements. and designating the property as an historic
structure or site. The DRB shall not have the authority to deny a request for demolition.
~ill Partial demolition.
a. A building permit for partial demolition to accommodate additions or modifications to the
exterior of any architecturally significant single- family home constructed prior to 1942 shall
be issued only upon the prior final approval by the planning director, or designee. after the
expiration of time following any appeals or exhaustion of all applicable remedies.
b. An application for such approval shall be processed by the planning department. as part of
the building permit process within fi'le business days of its submission.
c. An apl'eal of any decision of the Planning Department on such applications shall be
limited to the applicant. shall be in writing. shall set forth the factual and legal bases for the
al'peal. and shall be to the DRB.
d. Review of applications for partial demolition shall be limited to the actual portion ofthe
structure that is proposed to be modified, demolished or altered. , according to the following
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criteria: Repairs. demolition. alterations and improvements defined below shall be subiect to
the review and approval ofthe staff ofthe design review board. Such 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 demolition or alteration of architecturally
significant portions of a building or structure and that the alterations or
additions are designed. sited and massed in a manner that is sensitive to and
compatible with the existing structure and compatible with the as-built scale
and character of the surrounding single-family residential neighborhood.
11. Replacement of windows. doors. roof tiles. and similar exterior features or
the approval of awnings. canopies. exterior surface colors. storm shutters and
exterior surface finishes. provided the general design. scale. massing.
arrangement. texture. material and color of such alterations and/or
improvements are compatible with the as-built scale and character of the
subiect home and the surrounding single-family residential neighborhood.
Demolition associated with facade and building restorations shall be
permitted. consistent with historic documentation.
111. Facade and building restorations. 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 significant portions of a building or structure.
IV. 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.
v. The demolition and alteration of rear and secondary facades to accommodate
utilities. refuse disposal and storage. provided the degree of demolition
proposed does not require the demolition or alteration of architecturally
significant portions of a building or structure.
1. Demolition ofthe front facade or architecturally significant portions of a building or
structure shall be permitted, pro';ided the alterations and/or additions are
architecturally appropriate to the original design. and scale of the building.
2. Demolition of original architectural features on secondary elevations ofthe structure
shall be permitted, provided such demolition does not compromise its overall original
design integrity.
3. D0molition associated with facade and building restorations shall be permittod,
which are consistent with historic documentation.
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4. The proposed alterations or addition are compatible with the as built scale and
character of similar surrounding propertie&:-
s. The general design, scale, massing, arrangement, textme, material and color of the
proposed alterations or addition are compatible with the as built scale and character
of similar sMrrounding properties.
6. Permitted demolition shall not adversely affect the original architectural design ofthe
subject structure or any subsequent modifications that have acquired architectural
significance.
7. The proposed alterations or addition shall be designed, sited and massed in a manner
that is sensitive to and compatible Y/ith the existing structme.
f4t@ Issuance of demolition permits.
a. Emergency 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.
b. ~ A demolition permit arising from the inability to meet flood elevation requirements,
for the total demolition of an architecturally significant single family home
constructed prior to 1942, shall not be issued unless a full building permit for new
construction has been issued.
b. ill Minimum flood eleyation determination.
1. The determination by the building official that an application for demolition of an
architectmally significant home arising from the inability to meet minimum flood elevation
requirements shall be based upon the reyiev,' of the follov/ing required documentation:
a. A full set of floor plans and eleyation drawings, prepared by a state registered architect,
depicting the renovation or rehabilitation;
b. }... full appraisal ofthe existing structme, prepared by a qualified licensed real estate appraiser
and satisfying the standards of the building official; and
c. }... construction estimate from a contractor licensed in the state.
2. Ifthe building official determines that proposed renovations to an architecturally significant
home will require the property ovmer to meet minimum flood eleyation requirements, the
property owner shall meet with the DRB to reyiew the proposed renovations. 8MCh re'/ie\'1
shall be a pre condition to the property ovmer's filing of an application f-or demolition ofthe
home. The 8FRRB shall explore with the property ovmer reasonable alternatives sach as, but
not limited to, reducing the cost of reno'/ations, minimizing the impact of meeting flood
eleyation requirements, and designating the property as a historic site. }Jl application for
demolition of such home cannot be approved by the building official vlithout the prior reyiew
of the 8FRRB. The 8FRRB shall not have authority to deny an application for demolition.
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(7) New Construction Requirements for Properties containing a Single Familv Home constructed
prior to 1942.
a. In addition to the development regulations and area requirements of Section 142-105. as well as
Section 118-252. of the Land Development Regulations of the City Code. the following regulations
shall apply in the event the owner proposes to demolish an Architecturally Significant single familv
home constructed prior to 1942. In the event of a conflict between the provisions of Section 142-105
and Section 118-252. and the regulations below. the provisions herein shall control:
1. The Design Review Board (DRB) shall review and approve all new construction on the
subject site. in accordance with the applicable criteria and requirements of Chapter 118.
Article VI. Section 251(a)1-12 ofthe Land Development Regulations ofthe City Code.
2. The DRB review of any new structure. in accordance with the requirements of Chapter
118. Article VI. shall include consideration ofthe scale. massing. building orientation and
siting of the original structure on the subject site. as well as the established building
context within the immediate area.
3 . (a.) The overall lot coverage of proposed new buildings or structures shall not exceed the
building footprint of the original structure on site. or shall be limited to the following.
whichever is greater. based upon the overall size of the subject lot:
i. For lots less than 10.000 square feet. the lot coverage shall not exceed 30%:
ii. For lots greater than 10.000 square feet. but less than 25.000 square feet. the lot
coverage shall not exceed 25%:
iii. For lots greater than 25.000 square feet. the lot coverage shall not exceed 15%.
(b.) The DRB may waive the above noted lot coverage restrictions ifit concludes that the
retention ofthe architecturally significant single family home is not practical or feasible.
in which case the DRB review of anv request for demolition shall consider the criteria in
Section 142-108(1) herein. as well as the following criteria:
i. Whether good cause for the demolition of the structure has been shown.
ii. Whether pertinent economic and financial considerations that affect the ability of
the owner to renovate. restore and add on to the structure.
iii. Whether the structural condition ofthe single familv home or other factors affect
the feasibility of renovating. repairing or restoring the structure.
4. In the event a new home does not exceed one-story in height. the lot coverage shall not
exceed 35 percent ofthe lot area: for purposes ofthis section. a one-story structure shall
not exceed twelve (12') feet in height as measured from minimum flood elevation.
5. The above regulations shall also be a limitation on development in all lots within a single
site that may be split into multiple lots or multiple lots that are aggregated into a single
site. at a future date. When lots are aggregated. the greater of the footprint permitted bv
the lot coverage regulations. or the footprint of the larger home. shall apply.
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b. In addition to the development regulations and area requirements of Section 142-105, ofthe Land
Development Regulations ofthe City Code, the following shall apply in the event an Architecturally
Significant single family home constructed prior to 1942 is substantially retained and preserved. In
the event of a conflict between the provisions of Section 142-105 and Section 118-252, and the
regulations below, the provisions herein shall control:
1. The total lot coverage shall not exceed 35%.
2. The design of any addition to the existing structure shall take into consideration the scale,
massing, building orientation and siting of the original structure on the subject site, and
shall be subject to the review and approval of the Planning Department. in accordance
with the Design Review criteria in Chapter 118, Article VI. of the Land Development
Regulations of the City Code. The applicant. or any property owner within 375 feetofthe
subject property may appeal any decision under this subsection of the Planning
Department to the Design Review Board, in accordance with the requirements of Chapter
118, Article VI ofthe Land Development Regulations ofthe City Code. Any such appeal
shall be in writing, shall set forth the factual and legal bases for the appeal and shall be
filed no later than five (5) days from the date of approval by the Planning Department.
3. In the event the lot coverage of the existing structure exceeds 35%, no variance shall be
required to retain and preserve the existing lot coverage.
4. In the event the lot coverage ofthe existing structure exceeds 35%, a second level addition
shall be permitted, provided it does not exceed 60% of the footprint of the existing
structure: no lot coverage variance shall be required for such addition.
5. The property owner shall not be required to pay any City Building Permit fees associated
with the renovation and restoration of the existing single family home: any and all non-
City impact fees and other fees shall still be required.
6. The above regulations shall also be applicable to any single family home designated as an
historic structure by the historic preservation board.
c. Appeals. An appeal of any decision ofthe SFRRB DRB shall be to a special master appointed
by the city commission, in accordance with the procedures set forth in section 118-537(b) of
these land development regulations. Thereafter review shall be by certiorari to the circuit court.
ID~ The following areas of work shall not require determinations of the planning director.. or
designee.. under this section: interior demolitions including plumbing, electrical and
mechanical systems, and renovations to the exterior of non-architecturally significant
structures, or non architecturally significant portions of a structure, provided they ha'/e no
adverse impact upon the structural integrity of the building or the original architectural
design of the exterior, features and details.
(6) In the event the planning director, or designee, declines to approve a demolition request
under this section for any reason, the applicant may seek re'/iev/ by the single family
residential review board (SFRRB),
m New construction procedures for single family homes demolished without required approvals or
permits.
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For those properties where a single family home constructed before 1942 was demolished without
prior approval ofthe planning department and the single family residential review board, and without
the required permits from the building official, in addition to any other applicable law in this code or
other codes, the following shall apply prior to the issuance of any building permit for any new
construction on the subject site:
a. Purpose. The purpose of this subsection is to ensure that any new construction on the site
where a single family home constructed prior to 1942 was demolished without required approvals or
permits is consistent with the scale, massing, density, location and height of that structure which
previously existed on site prior to the unpermitted demolition. Where used in this section, the words
"without all required permits", "without prior approval", "without required permits or approval" shall
not be defined to include demolition as a result of forces beyond the control ofthe landowner such
as, for example, windstorm, flood, or other natural disaster.
b. The design review board shall have jurisdiction to review and approve all new construction
on the subject site, in accordance with the criteria listed in section 118-251 and this section.
c. Upon the finding that the demolition of any single family home constructed prior to 1942 was
without following the procedures of this section or without all required permits, any new
construction on the same site shall be limited to the overall square footage, building footprint, height
and location of that which previously existed on site prior to the unpermitted demolition, to the
greatest extent possible in accordance with the applicable building and zoning codes.
d. In the event the design review board determines that the single family home demolished
without required approval or permits was architecturally significant, based upon the criteria in
subsection 142-108a.-c. 142 105(d)a. c. herein, the board shall require that the new structure be
designed and constructed to match the exterior design and architectural details of the original
structure demolished to the greatest extent possible in the same location, in accordance with all
available documentation and in accordance with the applicable building and zoning codes.
e. In the event the applicant endeavors to construct a new home on multiple, combined lots, and
one of the lots contained the subject building demolished without required permits and approval,
construction of the new home to match the exterior design and architectural details of the original
home shall only occur on the lot on which the demolished home was situated. Separate new homes,
which are not attached in any way to the lot on which the demolished home was situated, may be
constructed on the remaining lots without approval from the design review board.
f. In the event the owner of a single family home constructed prior to 1942, which has been
demolished without required permits or approvals, can establish good cause, the design review board
may relieve the property owner of some or all of the limitations on new construction herein. The
requirement of good cause shall be satisfied where the unauthorized demolition was solely the result
of intentional or negligent acts of a duly licensed contractor or other third parties, and the owner had
no role in and knowledge of the unauthorized demolition.
g. In the event a single family home constructed prior to 1942 is demolished without prior
approval ofthe planning department, and the single family residential review board, and without the
required permits from the building official, in addition to any other applicable law in this code or
other codes, the city shall document such demolition, and the applicable requirements and
12
procedures for any new construction delineated herein, for recording in the public records of Miami-
Dade County, to give notice to subsequent purchasers of the property.
h. No variances shall be granted by the board of adjustment from the requirements of SI:lbsection
112 105(d)(7), 142-108 except those variances which may be required to reconstruct the original
structure demolished without required approvals or permits.
i. Fees. The fee schedule below is provided to defray the costs associated with the
administration ofthis subsection. All applications to the design review board for the review of new
construction as described herein shall require the following fees, upon the submission of an
application to the planning department:
1. Any application requiring a hearing before the board for design review approval shall require
a base fee plus a fee per square feet of floor area as provided in appendix A.
2. If a deferment or clarification hearing is requested by the applicant, an additional fee as
provided in appendix A shall be assessed.
3. If a deferment or clarification of conditions is requested by the board, there will be no
additional fee.
4. If the applicant removes a file from the agenda after it has been accepted by the planning
department, the city shall retain 50 percent of the application fee.
5. Any after-the-fact application shall incur triple fees.
A. Notwithstanding the above provision, the design review board may adjust the after-
the- fact fee based on good cause shown. The request for a fee adjustment shall be in
writing and shall be part of the design review board application. The adjusted after-
the- fact fee shall not be less than the regular application fee.
B. The request shall be part of the design review board application.
6. Revisions to plans previously approved by the board shall require a base fee as provided in
appendix A plus one-half ofthe original fee.
SECTION 2. CODIFICATION.
It is the intention ofthe Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions ofthis Ordinance shall become and be made part ofthe Code of
the City of Miami Beach, Florida. The sections ofthis ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other
appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
13
If any section, subsection, clause or provision ofthis Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days followin
PASSED AND ADOPTED this ~ day of
Ctt~
I Y CLERK
Ordinance No. 2004-3468
Verified by:
12/1 012004
Underscore denotes new language
Strikethrough denotes deleted language
T:\AGENDA \2004\Dec0804\Regular\SFDP 2004 - FINAL ORD.doc
,2004.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
14
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
Single Family Residential Review Board Amendments
Issue:
Amendments to the Single Family Development Regulations, modifying the process for the demolition of
single family homes constructed prior to 1942.
Item Summary/Recommendation:
The administration recommends that the Ordinance be approved on Second Reading.
Adviso Board Recommendation:
The Planning Board transmitted the proposed Ordinance, with a favorable recommendation, to the City
Commission on August 24, 2004. Both the Historic Preservation and Design Review Boards have
evaluated the Ordinance and have recommended approval. The Land Use and Development Committee
and Finance Committee reviewed the proposed Ordinance on November 8, 2004 and recommended
a roval.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Cit Clerk's Office Le islative Trackin
Jorge Gomez or Thomas Mooney
Si n-Offs:
Department Director
Assistant City Manager
City Manager
T:\AGENDA\2004\Dec0804\Regular\SFRRB 2004 - SUMMARY.doc
AGENDA ITEM J~ 5'D
DATE -.J;;2..-~~O C(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.ft.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members Of The City Commission
Date: December 8, 2004
Jorge M. Gonzalez .'. fl..../ SECOND READING
City Manager X ~ 1)
AN ORDINANC~ OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 2, "SINGLE-FAMILY RESIDENTIAL
DISTRICTS," BY REVISING PROCEDURES FOR THE REVIEW
AND APPROVAL OF DEMOLITION REQUESTS FOR SINGLE
FAMILY HOMES CONSTRUCTED PRIOR TO 1942 AND NOT
LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the proposed Ordinance on second reading.
OVERVIEW
On April 1 0, 2002, the City Commission adopted an Ordinance Amendment establishing
demolition procedures for architecturally significant single-family homes located outside of
local historic districts and sites; such Ordinance included the following:
. Criteria were established for the Planning Director or designee to make a
determination as to whether a home is architecturally significant.
. A cut-off date of 1942 was established for the review of single-family homes; any
homes constructed after 1942 are not subject to the regulations.
· The Single Family Residential Review Board (SFRRB) was established to review
demolition requests for architecturally significant homes constructed prior to 1942.
· A full building permit for new construction is required to be issued prior to the issuance
of a demolition permit arising from the inability to meet minimum flood elevation
requirements for architecturally significant homes.
· Criteria were established so that the review of demolition applications is limited to the
actual portion of the structure that is proposed to be demolished.
December 8, 2004
Commission Memorandum
SFRRB Ordinance
Page 2 of 8
. The jurisdiction of the Building Official is safeguarded with regard to issuing
emergency demolition orders for unsafe structures.
. Specific criteria for the review by the Building Official to determine that an
application for demolition is arising from the inability to meet the minimum flood
elevation requirements were established that are consistent with the Florida
Building Code.
ANAL YSIS
Staff continues to believe that the concept and policy of encouraging the retention and
preservation of architecturally significant single-family homes is in the best interest ofthe
City. In this regard, Miami Beach has a rich legacy of significant single-family architecture
that cannot be replicated, nor appropriately replaced. The significance of this architecture
lies not only in the exterior style and ornamental detail, but also in the siting, location,
scale massing and context of the existing structures.
The administration recognizes the need to preserve a property owner's right to alter their
single-family home as they see fit, or to maximize the monetary value of the property.
However, this interest should be balanced with the value that the retention of the
successful and time-tested single-family context achieved by the City's architecturally
significant single-family homes brings to the community.
Currently, the existing ordinance allows the owner of an architecturally significant single-
family home to have drawings created that artificially modify renovations to ensure that
the threshold that would require the house to meet minimum flood elevation is exceeded.
Since very few homes constructed prior to 1942 are above minimum flood elevation, the
applicant can demolish the home after a non-binding, cursory review by the Single Family
Residential Review Board (SFRRB). The current process does not stop the demolition of
architecturally significant single-family homes and has instead resulted in a strain of
resources and time for City staff and SFRRB members, as well as an undue expense for
property owners.
In order to achieve the delicate balance of protecting the City's established single-family
architecture and neighborhood context with allowing for the expansion and alteration of
single-family homes, revisions to the existing Ordinance pertaining to the demolition of
single-family homes located outside of historic districts has been drafted. These revisions
are the product of three (3) separate Planning Board public workshops held earlier this
year in North Beach, Mid-Beach and South Beach.
At these workshops, a number of different viewpoints were expressed, with the attendees
almost evenly divided in terms of whether or not the SFRRB should have binding
authority regarding the demolition of architecturally significant structures constructed prior
to 1942. However, there was strong consensus that the design, scale and massing of the
new single-family homes in the City are not consistent with the established context of the
existing neighborhoods and the homes being replaced. To this end, a vast majority of the
attendees strongly supported architectural review for new single-family construction, as
December 8, 2004
Commission Memorandum
SFRRB Ordinance
Page 3 of 8
well as incentives to encourage and promote the retention of existing single-family
homes.
The proposed ordinance allows for the demolition of architecturally significant homes that
have a finished first floor below minimum flood elevation, at the discretion of the property
owner. Additionally, the cumbersome requirement of producing artificial restoration
drawings has been eliminated and the requirements of the Florida Building Code have
been separated from the architectural review process.
Instead, incentives for the preservation of architecturally significant single-family homes
have been introduced, including the creation of a City tax abatement program for single-
family homes, which will be considered as a separate Ordinance. Staff is hopeful that
with the proposed planning incentives and a City tax abatement program in place, single-
family property owners would consider having eligible homes designated as historic
structures under the recently streamlined designation process for single-family homes.
Designation as a historic structure also allows single-family homes with a finished floor
below minimum flood elevation to seek a waiver from FEMA requirements from the Flood
Plain Management Board.
Additional incentives for the retention and restoration of architecturally significant single-
family homes in the form of added lot coverage and the retention of non-conforming
setbacks have also been proposed. Finally, in order to address the issue of new
construction on lots where a single-family home built before 1942 is either being
demolished or expanded, architectural review procedures for new construction have been
proposed. The following is a summary of the modifications proposed under the revised
Ordinance:
1. The current ordinance has been re-numbered so as not to conflict with the listed
single-family development regulations.
2. Minor text changes throughout the ordinance to address administrative
procedures.
3. The criteria for determining whether or not a single-family home is architecturally
significant has been modified; such criteria have been expanded to include single-
family homes that embody the scale, character and massing of the built context of
their immediate area.
4. The criteria for partial demolition has been modified to assure the protection of
front facades and architecturally significant portions of a structure, and to allow for
the demolition of non-architecturally significant portions of a structure.
5. The criteria for the Building Official to make a determination regarding minimum
flood elevation requirements has been eliminated; such criteria is already in the
Florida Building Code and does not need to be listed in the City Code.
6. Language specific to the decision of the SFRRB has been established that
December 8, 2004
Commission Memorandum
SFRRB Ordinance
Page 4 of 8
requires the issuance of a written order pertaining to all decisions and sets forth
specific timeframes to obtain all building permits.
7. Language has been added requiring that a determination of the planning director,
or designee, that a structure is not architecturally significant be posted on the
subject single-family home site. Additionally, the applicant, or any affected person,
may appeal this decision to the SFRRB within 15 days of the posting and no
demolition permit may be issued within this 15 day appeal period.
8. The requirement pertaining to the review of architecturally significant single-family
homes by the SFRRB has been modified so that those homes where the finished
floor of the structure is located at or below the minimum flood elevation for the
property, as determined by the Building Official, shall no longer be reviewed by the
SFRRB.
9. New construction requirements have been established for properties containing a
single-family home constructed prior to 1942, as follows:
a. In the event an Architecturally Significant single-family home constructed
prior to 1942 is proposed to be demolished, the Design Review Board
(ORB) shall review and approve all new construction on the subject site.
Such review shall take into consideration the scale, massing, building
orientation and siting of the original structure on the subject site, as well as
the established building context within the immediate area.
Additionally, in order to incentivize the retention of architecturally significant
single-family homes, the proposed ordinance also specifies that the lot
coverage of any new structure shall not exceed 30% or the footprint of the
original house, whichever is greater, unless the SFRRB concludes that it is
not practical or feasible to retain and preserve the existing home on the
site; the zoning code currently allows for a maximum lot coverage of 35%.
Staff believes that this "disincentive" is necessary in order to encourage
single-family property owners, particularly property speculators and
investors, to seriously consider the retention of an architecturally significant
single-family home. Although ORB review of new construction should help
in ensuring a more contextually compatible new home, unfortunately, in
today's real estate market, simply imposing an architectural review
requirement for new construction will not result in property owners,
speculators and investors attempting to retain a home. At best it will be
viewed as just another layer of review, with the ultimate goal of demolishing
an architecturally significant single-family home and maximizing the size of
the new home being achieved.
b. In the event an Architecturally Significant single-family home constructed
prior to 1942 is substantially retained and preserved, the design of any
addition to the existing structure can be approved by the Planning
December 8, 2004
Commission Memorandum
SFRRB Ordinance
Page 5 of 8
Department at the administrative level; the review of the proposed
addition(s) shall take into consideration the scale, massing, building
orientation and siting of the original structure on the subject site. The
applicant may also appeal any decision of the Planning Department to the
Design Review Board. Additionally, the total lot coverage may be increased
up to 40% and in the event the lot coverage of the existing structure
exceeds 40%, no variance shall be required to retain and preserve the
existing lot coverage. Further, in the event the lot coverage of the existing
structure already exceeds 40%, a second level addition shall be permitted,
provided it does not exceed 60% of the footprint of the existing structure
and no variances shall be required for such addition, nor the retention of lot
coverage exceeding 40%.
The Planning Department has also suggested that the property owner not
be required to pay any City Building Permit fee's associated with the
renovation and restoration of the existing single-family home; any and all
non-City impact fees and other fees would still be required.
The following changes and additions were made to the proposed Ordinance by the
Planning Board on August 24, 2004:
1. Criteria 1.b for determining architectural significance was modified replacing
"significantly modified" with "irreversibly modified".
2. Those who have standing to appeal a determination of architectural significance will
be clarified to include property owners within 375 feet of the subject structure.
3. The timeframe to appeal a determination relative to architectural significance was
increased from 15 to 30 days.
4. Standards for substantiating an appeal must be submitted at the time an appeal is
filed.
5. A stay of a demolition permit is created in the event an appeal is filed.
6. Additional criteria will be developed for the SFRRB to follow in its deliberations.
7. Criteria and standards of review for ORB review of any new single family
construction shall be restudied and enhanced.
8. The standing of appeal for staff level decisions regarding new construction was
expanded to include property owners within 375 of the site.
9. The 3 member composition of the SFRRB shall be clarified.
10. A 6 month extension of time for good cause, for a decision of the SFRRB, was
established.
December 8, 2004
Commission Memorandum
SFRRB Ordinance
Page 6 of 8
On October 13, 2004, the City Commission approved the subject Ordinance on First
Reading and referred the matter to the Land Use and Development Committee and
Finance Committee for further discussion on specific areas of concern raised by the
Commission. On November 8, 2004, a Joint Meeting of the Land Use and Development
Committee and Finance Committee was held; at this meeting, the following modifications
to the Ordinance were proposed:
1. The criteria for making a determination of architectural significance was slightly
modified, in order to ensure that buildings are not determined to be architecturally
significant if alterations are only reversible in an unreasonable manner.
2. The appeal process for neighboring property owners has been modified by
requiring that a subject single family home be posted at the time a request for a
determination of architectural significance is made. This will put neighboring
property owners on notice that the review process for a home has begun, which
may potentially result in the demolition of the structure. A property owner within
375' of the subject property would then have 10 days from the rendering of a
decision of the Planning Department to appeal such decision; a mail notice
requirement was also added.
3. The distinction between homes that are below and above minimum flood plain
elevation has been eliminated; the rational behind this change was that virtually all
homes constructed prior to 1942 are below minimum flood plain elevation and very
few are above it. Additionally, the review process for architecturally significant
single family homes that are proposed to demolished has been transferred from
the Single Family Residential Review Board (SFRRB) to the Design Review Board
(ORB). The reason for this change was to simplify and streamline the review
process and the ORB is the most logical Board for such review since they will be
reviewing new construction on the site and the single family structures are not part
of an historic district.
4. The criteria for partial demolition that can be approved at the administrative level
will be expanded to be consistent with criteria already in place within the Design
Review and Historic Preservation sections of the City Code.
5. The criteria for the ORB review of a demolition was moved to a different section of
the Ordinance.
6. The incentives proposed in the subject ordinance are proposed to be extended to
all historic single family homes in the City.
7. All appeals of the ORB under these regulations will go to a Special Master.
The proposal for limiting the lot coverage of new homes on a lot where an Architecturally
Significant structure previdusly existed was discussed extensively. The Committees
directed the administration to review recently approved single family homes to see how
December 8, 2004
Commission Memorandum
SFRRB Ordinance
Page 7 of 8
different size lots would be impacted by reductions in lot coverage. Some members of
the Committee had suggested that the lot coverage requirement revert back to 35% and
others suggested that it be reduced further to 25% or lower. The Planning Department
has analyzed the lot coverages of nine (9) new single family homes permitted in 2003 and
2004. The bulk of such homes do exceed 30% of lot coverage, but these figures do vary
by lot size (see attached survey of new single family construction in 2003 and 2004).
The 2 homes permitted on lots greater than 25,000 square feet in size have lot coverages
of 18% and 21%. The 5 new homes on lots between 10,000 square feet and 15,000
square feet have lot coverages ranging from 30% to 35%. In order to distribute
modifications to the lot coverage requirements in a more equitable fashion, the
Administration has developed a sliding schedule for maximum lot coverage, based upon
the size of the site. This sliding scale represents a reasonable compromise and the
Administration is confident that is generally representative of the historic, built context.
An additional modification has been made with regard to one-story structures. Given the
fact that a one-story structure is going to have far less of an impact on the established
context of a single family neighborhood, the Administration is proposing that one-story
new construction be permitted to have a lot coverage of 35%.
Attached is a "clean copy" of the proposed ordinance, which is reflective of the latest
modifications, pursuant to the joint meeting of the Land Use and Development Committee
and Finance Committee on November 8, 2004.
The Administration would also recommend that those applicants who have appeared
before the SFRRB prior to the Planning Board making a recommendation to the City
Commission, but have not yet obtained a Building Permit for new construction, be able to
proceed under the previous section of the code, if a Building Permit Process Number for
the construction of a new single-family home on the subject site is obtained no later than
December 8, 2004.
The Planning Board considered and transmitted the proposed Ordinance to the City
Commission with a favorable recommendation on August 24, 2004. The Historic
Preservation Board reviewed the proposed Ordinance on September 14, 2004 and the
Design Review Board reviewed the proposed Ordinance on September 21, 2004; both
boards recommended approval of the proposed Ordinance.
FISCAL IMPACT:
The fiscal impact ofthe proposed ordinance is expected to be negligible; in this regard, the
following is noted:
· The proposal to eliminate permit fee's for the restoration of architecturally significant
single family homes should not negatively impact the City's revenue, as the number
of homes anticipated to be renovated is small. In the future, if the numberof homes
being renovated becomes substantial and the impact on revenue is significant, the
Administration would suggest that this part of the proposed Ordinance be re-
evaluated at that time.
December 8, 2004
Commission Memorandum
SFRRB Ordinance
Page 8 of 8
. The impact on staff time is also not anticipated to be significant and, therefore, the
need for additional staff is not projected.
. The impact on the Design Review Board is not anticipated to be significant, as the
agenda's of the Board have been relatively small and the addition of new single
family approvals, if any, is not projected to require additional staffing.
. The review required for initial determinations, as well as full or partial demolition
applications involving architecturally significant single family homes is not expected
to exceed the current level of review at the administrative level; therefore, the need
for additional staff is not projected.
CONCLUSION:
The Administration recommends that the Mayor and City Commission adopt the proposed
Ordinance Amendment on second reading.
Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall
be necessary in order to enact any amendments to the land Development Regulations.
JMG:c1Mb:JGG:TRM
T:\AGENDA\2004IDEC0804IREGULARISFRRB 2004 - MEMO.DOC
SF Demolition Procedures - Clean Copy
Revised as of November 18, 2004
Section 142-108. Provisions for the demolition of single family homes located
outside of historic districts.
(1) Criteria. Pursuant to a request for a permit for partial or total demolition of
a home constructed prior to 1942, the planning director, or designee, shall,
or independently may, make a determination whether the home 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 1942, including, but not limited
to Vernacular, Mediterranean Revival, Art Deco, Streamline
Moderne, or variations thereof;
b. The exterior of the structure is recognizable as an example of its
style and/or period, and its architectural design integrity has not
been modified in a manner that cannot be reversed without
unreasonable expense.
c. Sianificant exterior architectural characteristics, features, or details
of the subject structure remain intact.
d. The subject structure embodies the scale, character and massing
of the built context of its immediate area.
All requests for a determination as to the architectural significance of any
single family home constructed prior to 1942 shall be in writing, signed by
the property owner, stating specifically the reasons asserted for the
requested determination and shall include a copy of the building card,
current color photos of the home, any microfilm on record, and two (2)
sets of mailina labels, with the names and addresses of all property
owners of land located within 375 ft. of the exterior boundary of the
subject property, and an oriainal certified letter statina that the
ownership list and mailina labels are a complete and accurate
representation of the real property and property owners within 375 ft.
of the subject property; such letter must be dated and aive the
address of the subject property and its leaal description, subdivision
and plat book number and paae and state the source for this
information. Within 5 days of the receipt of a reauest, the plannina
department shall post a notice on the subject site and notice shall be
"iven bv mail to the owners of record of land Ivin" within 375 feet of
the property; the mail notification reauirement shall be the
responsibility of the applicant and must be completed within 3 days
of the receipt of the notice.
(2) Appeals. The applicant or any property owner within 375' of the subject
single family home may appeal the decision of the plannina director.
or desianee. pertainina to the architectural sianificance of a sinale
family home. within 10 days of the renderina of such decision. No
demolition permit may be issued within any appeal period, and if an
appeal is filed, while the appeal is pending. The appeal shall be in writing,
shall set forth the factual and legal bases for the appeal, and shall be to
the Design Review Board (ORB).
(3) An applicant may have a pre-application conference with the planning
director, or designee, prior to the submission of a request or an application
to discuss any aspect of this section. Such pre-application conference and
any statements by the planning director, or designee, shall not create any
waiver of, or estoppel on, the requirements of, or any determination to be
made, under this section.
(4) Total demolition.
a. A building permit for the total demolition of any single family home
constructed prior to 1942 shall only be issued following the final
determination (after the expiration of time or exhaustion of all appeals) by
the planning director, or designee, or the ORB, that the subject structure is
not an architecturally significant home. A property owner may decide to
proceed directly to the ORB, pursuant to Section 142-108(7); in this
instance. a demolition permit shall not be issued until a Full Buildina
Permit for new construction has been issued.
b. A request for such determination by the planning director, or designee,
shall be processed by the planning department within ten (10) business
days of its submission.
c. In the event the planning director, or designee, determines that a single-
family home constructed prior to 1942 is architecturally significant, !
demolition permit shall reQuire the review of the ORB. The ORB shall
explore with the property owner reasonable alternatives to
demolition such as. but not limited to. reducina the cost of
renovations. minimizina the impact of meetina flood elevation
reQuirements. and desianatina the property as an historic structure
or site. The ORB shall not have the authority to deny a reQuest for
demolition.
(5) Partial demolition.
a. A building permit for partial demolition to accommodate additions or
modifications to the exterior of any architecturally significant single-family
home constructed prior to 1942 shall be issued only upon the prior final
approval by the planning director, or designee, after the expiration of time
following any appeals or exhaustion of all applicable remedies.
b. An application for such approval shall be processed by the planning
department, as part of the building permit process
c. An appeal of any decision of the Planning Department on such
applications shall be limited to the applicant, shall be in writing, shall set
forth the factual and legal bases for the appeal, and shall be to the ORB.
d. Review of applications for partial demolition shall be limited to the actual
portion of the structure that is proposed to be modified, demolished or
altered. Repairs, demolition, alterations and improvements defined
below shall be subiect to the review and approval of the staff of the
desian review board. Such repairs, alterations and improvements
include the followina:
i. Ground level additions to existina structures, not to
exceed two stories in heiaht, which are not substantially
visible from the public riaht-of-way (excludina rear
alleys), any waterfront or public parks, provided such
around level additions do not reQuire the demolition or
alteration of architecturally sianificant portions of a
buildina or structure and that the alterations or
additions are desianed, sited and massed in a manner
that is sensitive to and compatible with the existina
structure and compatible with the as-built scale and
character of the surroundina sinale-family residential
neiahborhood.
ii. Replacement of windows, doors, roof tiles, and similar
exterior features or the approval of awninas, canopies,
exterior surface colors, storm shutters and exterior
surface finishes, provided the aeneral desian, scale,
massina, arranaement, texture, material and color of
such alterations and/or improvements are compatible
with the as-built scale and character of the subiect home
and the surroundina sinale-family residential
neiahborhood. Demolition associated with facade and
buildina restorations shall be permitted, consistent with
historic documentation.
iii. Facade and buildina restorations, which are consistent
with historic documentation, provided the dearee of
demolition proposed is not substantial or sianificant
and does not reQuire the demolition or alteration of
architecturally sianificant portions of a buildina or
structure.
iv. Demolition and alterations to address accessibility, life
safety, mechanical and other applicable code
reQuirements, provided the dearee of. demolition
proposed is not substantial or sianificant and does not
reQuire the demolition or alteration of architecturally
sianificant portions of a buildina or structure.
v. The demolition and alteration of rear and secondary
facades to accommodate utilities, refuse disposal and
storaae, provided the dearee of demolition proposed
does not reQuire the demolition or alteration of
architecturallv sianificant portions of a buildina or
structure.
(6) Issuance of demolition permits.
a. Emergency 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.
b. A demolition permit for the total demolition of an architecturally
significant single family home constructed prior to 1942, shall not
be issued unless a full building permit for new construction has
been issued.
(7) New Construction Requirements for Properties containing a Single Family
Home constructed prior to 1942.
a. In addition to the development regulations and area requirements of Section
142-105, as well as Section 118-252, of the Land Development Regulations of
the City Code, the following regulations shall apply in the event the owner
proposes to demolish an Architecturally Significant single family home
constructed prior to 1942. In the event of a conflict between the provisions of
Section 142-105 and Section 118-252, and the regulations below, the provisions
herein shall control:
1. The Design Review Board (ORB) shall review and approve all new
construction on the subject site, in accordance with the applicable
criteria and requirements of Chapter 118, Article VI, Section 251 (a) 1-
12. of the Land Development Regulations of the City Code.
2. The ORB review of any new structure, in accordance with the
requirements of Chapter 118, Article VI, shall include consideration of
the scale, massing, building orientation and siting of the original
structure on the subject site, as well as the established building context
within the immediate area.
3. (a.) The overall lot coveraae of proposed new buildinas or
structures shall not exceed the buildina footprint of the oriainal
structure on site. or shall be limited to the followina. whichever is
areater. based upon the overall size of the subiect lot:
i. For lots less than 10.000 sQuare feet. the lot coveraae shall
not exceed 30%:
ii. For lots areater than 10,000 square feet, but less than 25,000
square feet, the lot coveraae shall not exceed 25%;
iii. For lots areater than 25,000 square feet, the lot coveraae
shall not exceed 15%.
(b.) The ORB may waive the above noted lot coveraae restrictions
if it concludes that the retention of the architecturallv sianificant
sinale familv home is not practical or feasible, in which case the
ORB review of any request for demolition shall consider the criteria
in Section 142-108(1) herein, as well as the followina criteria:
i. Whether aood cause for the demolition of the structure has
been shown.
ii. Whether pertinent economic and financial considerations
that affect the abilitv of the owner to renovate, restore and add
on to the structure.
iii. Whether the structural condition of the sinale familv home
or other factors affect the feasibilitv of renovatina, repairina or
restorina the structure.
4. In the event a new home does not exceed one-story in heiaht, the
lot coveraae shall not exceed 35 percent of the lot area; for
purposes of this section, a one-story structure shall not exceed twelve
(12') feet in height as measured from minimum flood elevation.
5. The above regulations shall also be applicable to all lots within a single
site that may be split into multiple lots at a future date.
b. In addition to the development regulations and area requirements of Section
142-105, of the Land Development Regulations of the City Code, the following
shall apply in the event an Architecturally Significant single family home
constructed prior to 1942 is substantially retained and preserved. In the event of
a conflict between the provisions of Section 142-105 and Section 118-252, and
the regulations below, the provisions herein shall control:
1. The total lot coverage may be increased up to 40%.
2. The design of any addition to the existing structure shall take into
consideration the scale, massing, building orientation and siting of the
original structure on the subject site, and shall be subject to the review
and approval of the Planning Department, in accordance with the
Design Review criteria in Chapter 118, Article VI, of the Land
Development Regulations of the City Code. The applicant, or any
property owner within 375 feet of the subject property may appeal any
decision under this subsection of the Planning Department to the
Design Review Board, in accordance with the requirements of Chapter
118, Article VI of the Land Development Regulations of the City Code.
Any such appeal shall be in writing, shall set forth the factual and legal
bases for the appeal and shall be filed no later than five (5) days from
the date of approval by the Planning Department.
3. In the event the lot coverage of the existing structure exceeds 40%, no
variance shall be required to retain and preserve the existing lot
coverage.
4. In the event the lot coverage of the existing structure exceeds 40%, a
second level addition shall be permitted, provided it does not exceed
60% of the footprint of the existing structure; no lot coverage variance
shall be required for such addition.
5. The property owner shall not be required to pay any City Building
Permit fees associated with the renovation and restoration of the
existing single family home; any and all non-City impact fees and other
fees shall still be required.
6. The above reaulations shall also be applicable to any sinale family
home desianated as an historic structure by the historic
preservation board.
ecl. Appeals. An appeal of any decision of the ORB under this section
shall be to a special master appointed by the city commission. in
accordance with the procedures set forth in section 118-537ebl of these
land development reaulations. Thereafter review shall be by certiorari to
the circuit court.
(8) The following areas of work shall not require determinations of the
planning director, or designee, under this section: interior demolitions
including plumbing, electrical and mechanical systems, and renovations to
the exterior of non-architecturally significant structures.
T:\AGENDA\2004\Dec0804\Regular\SFRRB 2004- demo revised language 2004.doc
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N NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami
Beach, Florida, in the Commission Chambers, 3rd floor, .City Hall, 1700 Convention Center Drive, Miami Beach,
Florirj:> on Wednesday, December 8, 2004, at the times listed below to. consider the following:
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
.
~
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~
~ :
~ at 10:15 a.m.: .
~ AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY CODE ENTITLED "ADMINISTRATION;" BY AMENDING ARTICLE
)- III ENTITLED "AGENCIES, BOARDS AND COMMITTEES;" BY AMENDING DIVISION 15 ENTITLED "FLORIDA SISTER
;3 Cl~ ii:S PROGRAM" TO CORRECT THE NAME TO READ THE "MIAMI BEACH SISTER CITIES PROGRAM"
Z THROUGHOUT DIVISION 15; AND BY AMENDING SECTION 2-181 (D), ENTITLED "COMPOSITION," BY AMENDING
5l THE MEMBERSHIP OF THE SISTER CITIES' COORDINATING COUNCIL AND THE PROVISIONS REGARDING TERM OF
; SERVICE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
-l
<l:
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I
UJ at 10:17 a.m.:
~ AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 130 "OFF-
- STREET PARKING," ARTICLE III, "DESIGN STANDARDS," BY PERMITTING TEMPORARY PARKING LOTS IN THE MXE,
"MIXED USE ENTERTAINMENT" ZONING DISTRICT THAT FACE COLLINS AVENUE, AN ADDITIONAL TIME PERIOD OF
5 YEARS; CLARIFYING SIGN REGULATIONS FOR TEMPORARY LOTS AND MODIFYING THE LANDSCAPE STANDARDS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE
Inquiries may be directed to the Legal Department at (305)673-7470.
at 5:05 p.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF .THE CODE OF THE CITY OF MIAMI BEACH,
BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS:" ARTICLE II, "DISTRICT REGULATIONS,"
DIVISION 2, "SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY REVISING PROCEDURES FOR THE REVIEW AND'
APPROVAL OF DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES' CONSTRUCTED PRIOR TO 1942 AND NOT
LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABilITY
AND AN EFFECTIVE DAT.E.
at 5:06 p.m.:
AN ORDINANCE'AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,
BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X, "HISTORIC
PRESERVATION," BY CREATING DIVISION 5, "SINGLE FAMILY AD VALOREM TAX ABATEMENT, ESTABLISHING
REQUIREMENTS AND PROCEDURES FOR CITY TAX EXEMPTIONS FOR SINGLE FAMILY HOMES; "PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
Inquiries may be directed to the Planning Department at (305)673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their
views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor,
City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional
legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.D1 05, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such
person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law. .
To request this material in accessible format, sign language interpreters, information on access for persons with
disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding,
please contact (305) pq4i2~a9 (yotc~), (~qsb 67~-7218(TTY) five d~y~ ,in.ad,@9c;e to. iQitjate, Y9l,1r ,request. m
usersmayalsocall~1'lF)onQa,Rel~y,SJlrvi~e)'J" ,_, _,"~ ,,',",,"' ':J', '"'AC!10291