Board of Adjustment

Powers and Duties

The board of adjustment shall have the following powers and duties:

To hear and decide appeals pursuant to the procedural requirements of article IX.
To authorize, upon application, such variance from the terms of these land development regulations where authorized by section 2.8.1, pursuant to the requirements of chapter 2 of these land development regulations, as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of a provision of these land development regulations would result in unnecessary and undue hardship.
To serve as the city's floodplain management board in reviewing applications for properties within its jurisdiction and shall have the authority to exercise all powers and perform all duties assigned to such board pursuant to section 54-31 et seq. and Resolution No. 93-20698, and in accordance with the procedures set forth therein as such ordinance and resolution may be amended from time to time. For the purposes of determining jurisdiction, the criteria in section 2.8.1 shall be utilized.

Membership

The Board of Adjustment shall be composed of seven voting members.
1. One (1) member shall be an architect registered in the State of Florida, or a professional practicing in the field of architecture or landscape architecture;
2. Two (2) members shall be appointed as citizens at-large; and
3. Four (4) members shall be appointed from each of the following categories (no more than one per category), namely:
  1. Law,
  2. Engineering,
  3. Real estate development,
  4. Certified public accounting,
  5. Financial consultation, and
  6. General business.
4. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida;
5. The member representing general business shall be of responsible standing in the community;
6. The member representing the field of financial consultation shall be a certified public accountant, chartered financial analyst, certified financial planner, a chartered financial consultant or investment advisor registered with the Securities and Exchange Commission, or someone recognized as having similar credentials and duly licensed by the State of Florida.
7. Members shall be appointed by a five-sevenths vote of the City Commission. Members of the board must be either residents of or have their principal place of business in the city.
Each voting member of the board shall be required to complete an architectural walking tour offered by the Miami Design Preservation League (MDPL), which includes the National Register Architectural District in South Beach and/an historic district in North Beach. In the event tours offered by MDPL are no longer available, this requirement may be satisfied by completing a similar architectural tour conducted by an educational non-profit organization as may be approved by resolution of the city commission. Members shall use their reasonable best efforts to complete the tour within sixty (60) days of their initial appointment

For inquiries contact: BOA@miamibeachfl.gov

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