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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 14.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: February 26, 2024
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| | | | | | | | | TITLE: | REVIEW CODE SECTIONS RELATING TO EXPIRATION OF LAND USE BOARD ORDERS |
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| | | | | | | | HISTORY:
| On December 13, 2023, at the request of Commissioner Alex Fernandez, the City Commission referred the subject discussion (C4 AA) to the Land Use and Sustainability Committee (LUSC).
BACKGROUND
As noted in the attached referral memo, the item sponsor would like the LUSC to examine the current regulations applicable to the expiration of land use board orders and determine whether the maximum period of time to obtain a building permit, following a land use board approval should be modified. The City’s four land use boards consist of the Board of Adjustment, Design Review Board, Historic Preservation Board and Planning Board.
Section 2.2.4.6 of the Land Development Regulations of the City Code (LDRs) provides for timeframes to obtain a building permit after an approval of a land use board, as follows:
Sec. 2.2.4.6. Post Decision-making.
(c) Timeframes to obtain a building permit. The applicant shall have up to 18 months, or such lesser time as may be specified by the board, from the date of the land use board meeting at which a development application approval was issued to obtain a full building permit or a phased building permit, a certificate of occupancy, a certificate of use or a certificate of completion, whichever occurs first. The foregoing 18-month time period, or such lesser time as may be specified by the board, includes the time period during which an appeal of the decision of the board may be filed. If the applicant fails to obtain a full building permit or a phased building permit, a certificate of occupancy, a certificate of use or a certificate of completion, whichever occurs first, within 18 months, or such lesser time as may be specified by the board, of the board meeting date at which the development approval was granted or construction does not commence and proceed in accordance with said permit and the requirements of the applicable Florida Building Code, the development approval shall be deemed null and void. Extensions for good cause, not to exceed a total of one year for all extensions, may be granted by the land use board which approved the original development approval, at its sole discretion, provided the applicant submits a request in writing to the planning director no later than 90 calendar days after the expiration of the original approval, setting forth good cause for such an extension. At the discretion of the planning director, an applicant may have up to 30 days (not to extend beyond 30 months from the date of original approval) to complete the building permit review process and obtain a full building permit, provided that within the time provided by the board to obtain a full building permit a valid full building permit application and plans have been filed with the building department, a building permit process number has been issued and the planning department has reviewed the plans and provided initial comments.
In summary, a land use board order is valid for a period of 18 months from the date of approval. Further, applicants are eligible to apply for an extension of time not to exceed 12 months from the initial expiration date, for a maximum total of 30 months.
In addition to the timeframes set forth in Section 2.2.4.6 of the LDRs noted above, extensions of time may also be obtained by requesting a state extension, if applicable. In this regard, Florida Statute 252.363 provides for the tolling and extension of building permits and other authorizations, including development orders issued by a local government. When the governor declares a state of emergency, land use board approvals may be extended for the duration of the state of emergency and up to 24 months after the state of emergency expires. State extensions may also be compounded if multiple natural disaster emergencies occur, up to a maximum of 48 months after the state of emergency expires. |
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| | | | | | | | ANALYSIS:
| As noted above, land use board approvals expire 18 months following the date of approval. If an applicant does not obtain a building permit for the approved project within the 18-month period, an application for an extension of time not to exceed 12 months may be submitted to the applicable land use board. While simple projects such as an interior buildout or a small addition can typically obtain a building permit within an 18-month timeframe, larger, more complex projects can take 12 to 24 months after a land use board approval to obtain a building permit.
Notwithstanding the timeframes set forth in the City Code to obtain a building permit, over the past 10 years a significant number of requests have been submitted for state of emergency extensions. These requests are required to be submitted within 90 days of the original expiration date; although these extensions are verified by the City, they do not require City approval. Most such state extensions exceed the timeframe to obtain a building permit that is set forth in the LDR’s. Recent state of emergencies that have impacted Miami-Dade County include Hurricane Ian, the COVID-19 pandemic, and the Surfside building collapse. Collectively, these state extensions have allowed land use board orders and permits to be extended as much as 5 years or more.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the proposal and provide any applicable recommendations to the City Commission. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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