Item Coversheet

Ordinances - R5  D




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:October  13, 2021
 

10:20 a.m. Second Reading Public Hearing

SUBJECT:

NONCONFORMING RESIDENTIAL BUILDINGS - REPAIRS EXCEEDING 50%

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 118, "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING ARTICLE IX, "NONCONFORMANCES," SECTION 118-395, "REPAIR AND/OR REHABILITATION OF NONCONFORMING BUILDINGS AND USES," TO AMEND THE REGULATIONS APPLICABLE TO THE REPAIR AND/OR REHABILITATION OF EXISTING NON-CONFORMING RESIDENTIAL BUILDINGS; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends that the City Commission adopt the subject Ordinance.

BACKGROUND/HISTORY

On July 28, 2021, at the request of Commissioner Mickey Steinberg, the City Commission referred the proposed Ordinance to the Planning Board (item R9 K).

ANALYSIS

PLANNING ANALYSIS
Recently, the City has undertaken a rigorous review of existing buildings in the City of Miami Beach, especially buildings undergoing a 40-year recertification under the Miami-Dade County Code. Consistent with this endeavor, the purpose of this proposed amendment to the Land Development Regulations is to incentivize the comprehensive repair and rehabilitation of existing, nonconforming residential buildings, provided no new floor area is proposed. The proposed amendment would allow non-conforming multi-family residential buildings to exceed the 50% rule and maintain all existing non-conforming attributes provided the work includes structural, electrical, life-safety and related repairs to comply with and/or exceed the requirements of the Florida Building Code.

Chapter 118 of the Land Development Regulations, at Article IX, entitled "Nonconformances," governs nonconforming uses and buildings. Under Section 118-395 if the owner of a multifamily building or a condominium association submits plans to repair or rehabilitate an existing, nonconforming residential building, the Building Official is required to determine the value of the proposed improvements. If the value of the repair or rehabilitation work exceeds 50 percent of the value of the building, the entire building and any new construction is required to comply with the current development regulations (including the current maximum FAR) for the underlying zoning district.

The proposed amendment would provide an incentive for building owners and condo associations to implement repairs by allowing a building's legal nonconforming status to remain (including nonconforming FAR, height, setbacks, open space, minimum and average unit size, and parking credits) even if the work exceeds 50 percent of the value of the building. To ensure compliance, the amendment requires the following:

1. All portions of the entire building shall remain fully intact and retained.

2. The building shall meet or exceed the minimum structural, life-safety and electrical requirements of the Florida Building Code.

3. Increases in the size of exterior window and door openings shall not be permitted unless required by the Florida Building Code.

As the amendment would only apply to repair/rehabilitation work where no new FAR is proposed, both the Planning Department and City Attorney's Office have determined that City Charter Section 1.03(c) is not implicated.

PLANNING BOARD REVIEW
On August 18, 2021, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 5-0.

UPDATE
The subject Ordinance was approved at First Reading on September 17, 2021 with no changes.

SUPPORTING SURVEY DATA

Improve and Enhance Multi-Family Buildings 

CONCLUSION

The Administration recommends that the City Commission adopt the subject Ordinance.

Applicable Area

Citywide
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 
Legislative Tracking
Planning
Sponsor
Commissioner Micky Steinberg

ATTACHMENTS:
Description
Ordinance