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.

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).