ADMINISTRATIVE REVIEW OF ACCESSORY DWELLING UNITS IN HISTORIC DISTRICTS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE XIII, ENTITLED "HISTORIC PRESERVATION," SECTION 2.13.7, ENTITLED "ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION," BY AMENDING SUB-SECTION 2.13.7.C., ENTITLED "REVIEW PROCEDURE, "TO ESTABLISH AN ADMINISTRATIVE REVIEW PROCESS FOR ACCESSORY DWELLING UNITS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

On February 22, 2023, at the request of Commissioner Ricky Arriola, the City Commission referred a discussion item regarding accessory dwelling units (ADUs) in the Palm View area (C4 D) to the Land Use and Sustainability Committee (LUSC). On May 10, 2023, the LUSC recommended that the City Commission refer an ordinance regarding ADUs in the Palm View area to the Planning Board.

The LUSC also recommended that the City Commission refer a separate ordinance to the Planning Board to allow for administrative review of ADUs in local historic districts. On June 28, 2023, the City Commission referred the proposed ordinance regarding administrative review of ADUs to the Planning Board (Item C4 K).

Subsequent to the item being referred to the Planning Board, Commissioner Alex Fernandez became a co-sponsor of the proposal.

ADUs are small living units that have their own kitchen and bathroom facilities and are on the same property as a single-family home. They are often rented out to provide a family with extra income or made available to a relative looking for additional privacy. Such units can either be attached or detached from the home, and they are sometimes referred to as granny flats, cottage houses, or secondary dwelling units. It was popular to include such units as part of single-family homes in the early 20th century, including within Miami Beach. However, ADUs fell into disfavor after World War II when development patterns shifted to a more suburban style, and many cities began to prohibit them.

With rising housing costs in urban areas, many cities are reintroducing the ability to build ADUs in single family areas. This is intended to provide housing that is more attainable to the workforce and to provide homeowners an extra source of income which can help them maintain their homes.

The attached draft ordinance would allow for administrative review of ADUs in local historic districts that are zoned single-family. Specifically, Section 2.13.7.c is proposed to be amended to include the following additional applications for a certificate of appropriateness to be reviewed by the staff of the historic preservation board:

Accessory Dwelling Units (ADU) within single family districts, provided the proposed ADU does not require the demolition or alteration of architecturally significant portions of a building or structure.

The proposal will simplify the process for homeowners to create ADUs in historic districts where they are authorized. All other applicable development regulations set forth in single family (RS) districts would still apply, including maximum unit size and lot coverage, as well as a prohibition on short term rentals.

PLANNING BOARD REVIEW
On July 25, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0).

BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached and as published on the City's website on January 11, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations.

LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsor as it relates to the subject ordinance amendment:

1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

2. If so, specify name of lobbyist(s) and principal(s): Not Applicable