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• �° Ordinance:
File Number: 7185 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "HISTORIC PRESERVATION/HISTORIC
PRESERVATION"; MORE SPECIFICALLY, BY AMENDING SECTION 23-4,
TITLED "DESIGNATION OF HISTORIC RESOURCES, HISTORIC DISTRICTS,
MULTIPLE PROPERTY DESIGNATIONS, AND ARCHAEOLOGICAL SITES
AND ZONES", SECTION 23-6, TITLED "TRANSFER OF DEVELOPMENT
RIGHTS AND DENSITY FOR HISTORIC RESOURCES; PROVISION FOR A
DETERMINATION OF ELIGIBILITY PROCESS, AND SPECIAL PROVISIONS
FOR RESOURCES WITHIN THE MIAMI MODERN (MIMO)/BISCAYNE
BOULEVARD HISTORIC DISTRICT; PROHIBITING CERTAIN USES; AND
ESTABLISHING A 35 -FOOT HEIGHT LIMIT", AND SECTION 23-6.2, TITLED
"CERTIFICATES OF APPROPRIATENESS", TO PROVIDE THAT PROPOSALS
FOR DESIGNATION MADE BY THE MIAMI-DADE COUNTY HISTORIC
PRESERVATION BOARD, THE CITY COMMISSION, THE CITY OF MIAMI'S
("CITY") HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
("HEPB°), THE CITY'S PLANNING, ZONING, AND APPEALS BOARD ("PZAB"),
AND ANY ORGANIZATION THAT HAS BEEN A REGISTERED NON-PROFIT
CORPORATION IN THE STATE OF FLORIDA FOR AT LEAST FIVE (5) YEARS
WITH A RECOGNIZED INTEREST IN HISTORIC PRESERVATION WILL
REQUIRE A SUPERMAJORITY VOTE; TO MODIFY THE TIME TO APPEAL
DECISIONS REGARDING HISTORIC DESIGNATIONS TO THE CITY
COMMISSION TO SIXTY (60) DAYS; TO MODIFY THE TIMING OF NOTICE;
TO PROVIDE THAT THE NOTIFICATION TO OWNERS OF PROPERTIES
DESIGNATED AS HISTORIC WILL CLEARLY ADVISE THE OWNERS OF
THEIR RIGHT TO APPEAL TO THE CITY COMMISSION; TO PROVI5TICjw
TIMING FOR SCHEDULING APPEALS; TO REQUIRE ADDITIONAL
OF PUBLIC HEARINGS FOR SPECIAL CERTIFICATES OF _
APPROPRIATENESS; TO PROVIDE UPDATES; CONTAINING A -a ;
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SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE D.
SPONSOR(S): Commissioner Manolo Reyes }—`'� -C
WHEREAS, the preservation of the City of Miami's ("City") historic resources p;a
significant goal in the City's overall vision for its future; and = C" 3
WHEREAS, the designation of historic resources, historic districts, multiple property
designations, and archeological sites and zones is of community value and enhances the
aesthetics and quality of life in the City; and
city of Miami Page 1 of 8 File ID. 7185 (Revision: A) Printed On: 712012020
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WHEREAS, in order to safeguard due process and owners' private property rights while
taking into consideration the complexities of scheduling quasi-judicial hearings before the City
Commission, the time to appeal designations made against the will of a property owner is being
extended from fifteen (15) days to sixty (60) days; and
WHEREAS, to safeguard the above-mentioned interests, the notification of historic
designations issued to a property owner will clearly advise the property owner of the right to
appeal to the City Commission and the time to file said appeal; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interests of the general welfare of the City and its residents to amend
the Code of the City of Miami, Florida, as amended ("City Code"), as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 23 of the City Code, titled "Historic Preservation", is hereby�;mqVed
in the following particulars:'
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"CHAPTER 23� N C-)
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HISTORIC PRESERVATION <
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ARTICLE I. HISTORIC PRESERVATION � rCD
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Sec. 23-4. Designation of historic resources, historic districts, multiple property designations,
and archaeological sites and zones.
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020
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File ID: 7185 Enactment Number.
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WHEREAS, the designation of historic resources, historic districts, multiple property
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designations, and archaeological sites and zones, when done against the will of the owner of
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the property or properties in question, can impact and affect private property rights; and
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WHEREAS, the intent of this amendment is to require that proposals for designations
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made by any boards or local legislative bodies allowed to propose designations, including but
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not limited to the City's Historic and Environmental Preservation Board ("HEPB"), be approved
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by a supermajority vote of the members present; and
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WHEREAS, the decision to move ahead with a preliminary designation or to designate a
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property as historic is of enough significance to merit that such decisions be supported by a
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supermajority vote of the members present, as provided for by this amendment; and
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WHEREAS, in order to safeguard due process and owners' private property rights while
taking into consideration the complexities of scheduling quasi-judicial hearings before the City
Commission, the time to appeal designations made against the will of a property owner is being
extended from fifteen (15) days to sixty (60) days; and
WHEREAS, to safeguard the above-mentioned interests, the notification of historic
designations issued to a property owner will clearly advise the property owner of the right to
appeal to the City Commission and the time to file said appeal; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interests of the general welfare of the City and its residents to amend
the Code of the City of Miami, Florida, as amended ("City Code"), as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 23 of the City Code, titled "Historic Preservation", is hereby�;mqVed
in the following particulars:'
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"CHAPTER 23� N C-)
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HISTORIC PRESERVATION <
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ARTICLE I. HISTORIC PRESERVATION � rCD
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Sec. 23-4. Designation of historic resources, historic districts, multiple property designations,
and archaeological sites and zones.
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020
File ID: 7185 Enactment Number.
(c) Procedures for designation. Properties which meet the criteria set forth in section 23-4
may be designated as historic resources, historic districts, multiple property
designations, and archaeological sites and zones according to the following procedures:
(1) Proposals and preliminary evaluation. Proposals for designation may be made to the
board by any er a supermajority vote of its members present after one (1) or more
member of the Board requests it to be placed on a Board agenda, DLthe mayor, by
the city manager, resolution of the planning, zoning and appeals board approved
by a supermaiority vote of the members present, yresolution of the city commission
approved by a supermaiodty vote of the members present, the property owner, by
resolution of the county historic preservation board approved by a supermajority vote
of the members present, DLresolution of any organization that has been a registered
non-profit corporation in the state for at least five (5) years with a recognized interest
in historic preservation approved by a supermaiority vote of the members present, or
by_the preservation officer. In those instances when a historic district or multiple
property designation is being considered, the preservation office shall conduct
outreach involving all relevant homeowner associations and neighborhood
associations, ultimately ascertaining their level of support by way of resolution or
vote. Said level of support shall be taken into consideration by staff and mer%beftbf
the HEPB when evaluating any proposed historic district or multiple property-;
designation. The board shall conduct a preliminary evaluation of the data P%V
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the proposal for conformance with criteria set forth in subsection (a); and still, i� M
appropriate, direct the planning department to prepare a designation rep&1,,Theo
board may require the party initiating such proposal to provide any necesrft
documentation, and to pay any applicable fees. 3 ��
a. Notification. At least ten days prior to the meeting at which the parti.yvill
consider the preliminary evaluation, the owner of property or his designiied'r'
agent or attorney, on file with the city, which is the subject of said proposal for
designation shall be notified by certified mail of the board's intent to consider the
preliminary evaluation of the property. Should the applicant be a person other
than the property owner or designated agent or attorney on file with the city, the
applicant shall be noted and the owner of record of the subject property shall be
notified. For historic districts or multiple property designations where there are
more than 50 properties to be considered, for designation, the owners shall be
notified by first class mail and by the published notice.
The notice sent by certified mail of the board's intent to consider the preliminary
evaluation of the property, when sent to the property owners of involuntarily
designated residentially zoned properties in a T3-0 designated transect zone
that are not the applicants, will state the right to appeal the board's final decision
regarding designation to the city commission, and will include in the notification a
statement of the fee waiver provision contained in subsection (c)(7) herein.
b. Interim protection measures. From the date said notice of the preliminary
evaluation is mailed, no building permit for any new construction, alteration,
relocation, or demolition that may affect the property proposed for designation
shall be issued until one of the following occurs:
1. The board finds that the property does not appear to meet the criteria for
designation and votes not to direct the planning department to prepare a
designation report in accordance with subsection (bc)(1);
City of Miami Page 3 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020
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File ID: 7185 Enactment Number.
2. The board approves or denies the designation in accordance with this
&AbsSection (b)(3), or one hundred twenty 0201 days have elapsed,
whichever shall occur first, unless this time limit is waived on the record by
mutual consent of the owner and the board; or
3. The owner applies for an accelerated certificate of appropriateness prior to
final action on the designation by the board, and such certificate of
appropriateness has been issued in accordance with the provisions of section
23-6.2. The preservation office shall place said application for a certificate of
appropriateness on the next available agenda of the board. Any owner who
carries out or causes to be carried out any work without the required6 r,
certificate of appropriateness shall be subject to the provisions of sudsen
23-6.2(f). *,
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(3) Notice and public hearing. The board shall conduct a public hearing to de�inN
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whether the proposed historic resource, historic district, multiple property;::K— r.
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designation, archaeological site or zone meets the criteria set forth in subsectio ja)
and shall approve, amend, or deny the proposed designation. All approvalsor P -
amendments of designations by the Board shall require an affirmative vote of a
supermaiority of the Board members present. The board may rehear proposals
based upon policies set forth in its rules of procedure. All public hearings on
designations conducted by the board, except as provided in subsection (bc)(1)a.,
and hearings on appeals of board decisions to the city commission regarding
designations shall be noticed as follows:
a. The owner of property or his/her designated agent or attorney, if any, which is the
subject of such designation shall be notified by mail at least 46-thi 30 days
prior to the board's meeting and telnfifteen (15) days prior to subsequent
administrative appellate hearings. The owner shall receive a copy of the
designation report unless there are more than tygnbLJ201 owners, in which case
the notice shall state that a copy is available and where it may be obtained.
b. An advertisement shall be placed in a newspaper of general circulation at least
ten days prior to the hearing.
c. Signs shall be posted pursuant to subsection 62-129(2)a., as amended.
d. Notice of the time and place of the public hearing by the board, or city
commission, as the case may be, shall be sent at least ten days in advance of
the hearing by mail to all owners of property within 500 feet of the property lines
of the land for which the hearing is required. The applicant, or the appellant as
applicable, shall be charged the appropriate fee established for this purpose.
e. For the purpose of this chapter, the names and addresses of property owners
shall be deemed those appearing on the latest tax rolls of Miami -Dade County.
The preservation officer, or his/her designee, shall certify at the time of the public
hearing that notice as herein required was given to the persons as named and
with addresses shown on his/her certification by the placing in the mail system of
the United States on the date certified the herein required notice, the certification
City of Miami Page 4 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020
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File ID: 7185 Enactment Number.
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shall be conclusive of the giving of such notice; in the case of condominiums,
notice will be sent solely to the condominium association. No action taken by the
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board, or the city commission, as the Gass may be, shall be voided by the failure
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of an individual property owner or property owners to receive notice pursuant to
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this chapter.
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(4) Historic and environmental preservation atlas. Historic sites, historic districts, multiple
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property designations, and archaeological zones designated pursuant to section 23-4
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shall be shown in the "Official Historic and Environmental Preservation Atlas of the
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City of Miami, Florida," as amended.
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(5) Electronic building records. Following the designation of a resource, the historic
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preservation officer shall note the property as a historic resource in the city's building
department records.
(6) Notifications. Following the designation of a resource, the historic preservation officer
shall notify the following parties with a copy of the resolution:
a. The owner(s) of record. The notification to the owner(s) of record shall clearly
state that the property has been designated and such designation may be
Subsection (7) below.
b. The Miami -Dade County Clerk of the Courts.
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(7) Appeals.
a. The property owner, any one member of the city commission, the plan-" r
department, or any aggrieved party that has standing under Florida Iaxm
appeal to the city commission any decision of the board on matters rewinAto
designations by filing within psi 60I calendar days after the date of the
decision a written notice of appeal with the hearing boards department, with a
copy to the preservation officer. Such notice of appeal shall set forth concisely
the decision appealed from and the reasons or grounds for the appeal. Appellate
fees for property owners of involuntarily designated residentially zoned properties
in a T3-0 designated transect zone that are not the applicants, are waived. The
city shall bear the cost rescdbed b Cha ter 62 for each mailed notice
required pursuant to subsertien (G)(3) this Section. Except as appellate fees and
mailed notice costs are expressly waived above, each appeal shall be
accompanied by a fee of $525.00, plus the cost ef$3.50-prescribed by Chapter
62 for each mailed notice required pursuant to subsest+en (s)(3} this Section.
The city commission shall hear and consider all facts material to the appeal and
render a decision as promptly as possible. The city commission may affirm,
modify, or reverse the board's decision. Any decision to reverse the board's
decision shall require a three-fifths vote of all members of the city commission.
Appeals from decisions of the city commission may be made to the courts as
provided by the Florida Rules of Appellate Procedure. The provisions of this
subsection (b) shall remain in effect during the entire appeal process, unless
stayed by a court of competent jurisdiction. The appeal shall be a de novo
hearing and the city commission may consider new evidence or materials in
accordance with the zoning ordinance. Appeals concerning designations shall be
City of Miami Page 5 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020
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File ID: 7185 Enactment Number: ZO ZZ UJ
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made directly to the city commission, within 45-js 60calendar days after the a o
date of the decision, and follow the procedures described in N z in
"e` ^F 23 4 f9g Therein. The Office of Hearing Boards shall schedule the a
appeal on the next available City Commission meeting following receipt of the �' o LL
appeal. N o
(8) Amendments. The board may amend any designation by following the same Wm W
procedures as set forth in this section. The board may likewise rescind any : x
designation if the structure or feature of principal historic significance has been 0 z
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(d) Reserved. N
(e) Effect of designation. Upon designation, and thereafter, the provisions of section 23-6.2
shall apply.
Sec. 23-6. - Transfer of development rights and density for historic resources; provision for a
determination of eligibility process, and special provisions for resources within the Miami
Modem (MiMo)/Biscayne Boulevard Historic District; prohibiting certain uses; and establishing a
35 -foot height limit.
(6) Review for certification of an eligible historic resource. Once the application for
a determination of eligibility has been deemed complete, the preservation
officer shall schedule the application before the next regularly scheduled
meeting of the HEPB. At least ten days prior to the meeting at which ttW
application will be heard, the owner or their designated agent or
representative, shall be notified of the board's intent to consider the F
application. mrnr
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In making its decision as to whether to certify the resource, the boargf 4allo
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consider:
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18 f. Appeals from the decision of the HEPB. The property owner, any one 1&m%er
of the city commission, the planning department, or any aggrieved party may
appeal to the city commission any decision of the board on matters relating to
de6issuch certifications by filing within 15 calendar days after the date
of the decision a written notice of appeal with the hearing boards department,
with a copy to the preservation officer. Such notice of appeal shall set forth
concisely the decision appealed from and the reasons or grounds for the
appeal. Each appeal shall be accompanied by a fee of $500.00, plus $3-59
pw the cost prescribed by Chapter 62 for each mailed notice required
pursuant to subsection 23-4(bg)(3). The city commission shall hear and
consider all facts material to the appeal and render a decision as promptly as
possible. The city commission may affirm, modify, or reverse the board's
decision. Any decision to reverse the board's decision shall require a three-
fifths vote of all members of the city commission. Appeals from decisions of
City of Miami Page 6 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020
File ID: 7185 Enactment Number.
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the city commission may be made to the courts as provided by the Florida
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Rules of Appellate Procedure. The provisions of subsection 23-4(#g) shall
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remain in effect during the entire appeal process insofar as they do not conflict
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with this Section, unless stayed by a court of competent jurisdiction. The
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appeal shall be a de novo hearing and the city commission may consider new
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evidence or materials annardAnGe With SerAien 2004 Of the ZGRiR9
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ice. Appeals shall be made directly to the city commission, within 15
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calendar days after the date of the decision, and follow the procedures
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described in herein
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Sec. 23-6.2. - Certificates of appropriateness. �
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(b) Procedures for issuing certificates of appropriateness. = o
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(4)
(4) Special certificates of appropriateness. Where the action proposed in en w
application involves a major addition, alteration, relocation, or demolitirn, ciF
specified by the rules of procedure of the board; where the preservation officer
finds that the action proposed in an application involving a minor alteration is
not clearly in accord with the guidelines as set forth in subsection (c); or when
the applicant is requesting a waiver, or exception or exclusion from the
requirements of the zoning code the application shall be classified as a special
certificate of appropriateness, and the following procedures shall govern:
a. Public hearing. When a complete application is received, the preservation
officer shall place the application on the next regularly scheduled meeting
of the board. The board shall hold a public hearing to review the
application. All public hearings on all certificates of appropriateness
conducted by the board and hearings on appeals of board decisions to the
city commission regarding certificates of appropriateness shall be noticed
as follows:
1. The applicant shall be notified by mail at least ten jLOLcalendar days
prior to the hearing.
2. Any individual or organization requesting such notification and paying
any established fees therefore shall be notified by mail at least ten
calendar days prior to the hearing.
3. Notice shall also be sent by mail to all owners of property within 500 feet
of the property lines of the subiect property at least ten (10) calendar
days prior to the hearing.
4. An advertisement shall be placed in a newspaper at least ten calendar
days prior to the hearing.
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City of Miami Page 7 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020
File ID: 7185 Enac6meat Number.
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45. Any additional notice deemed appropriate by the board.
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(e) Appeals. The applicant, the planning department, or any aggrieved party may appeal
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to the city commission any decision of the board on matters relating todesignationsQ
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apA certificates of appropriateness by filing within fifteen (15) calendar days after the
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date of the decision a written notice of appeal with the hearing boards department,
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with a copy to the preservation officer. The notice of appeal shall set forth concisely
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the decision appealed from and the reasons or grounds for the appeal. Each appeal
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shall be accompanied by a fee of $525.00, plus $3.59 pe F the cost Prescribed by
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Chapter 62 for each mailed notice requiredpursuant to 22 4. The city commission
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shall hear and consider all facts material to the appeal and render a decision as
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promptly as possible. The appeal shall be de novo hearing and the city commission
may consider new evidence or materials. The city commission may affirm, modify, or
reverse the board's decision. The decision of the city commission shall constitute final
administrative review, and no petition for rehearing or reconsideration shall be
considered by the city. Appeals from decisions of the city commission may be made
to the courts as provided by the Florida Rules of Appellate Procedure.
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 8 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020
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2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 8 of 8 File ID: 7185 (Revision: A) Printed on: 7/20/2020
City of Miami
`qY OF
F Legislation
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`° R,° Ordinance:
File Number: 7185
3500
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Hall
erican DriveL 33133
miamigovxom
nal Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEYDING CHAPTER
23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, F RIDA, AS
AMENDED, TITLED "HISTORIC PRESERVATION/HIST IC
PRESERVATION"; MORE SPECIFICALLY, BY AMEN NG SECTION 23-4,
TITLED "DESIGNATION OF HISTORIC RESOURC , HISTORIC DISTRICTS,
MULTIPLE PROPERTY DESIGNATIONS, AND A HAEOLOGICAL SITES
AND ZONES", SECTION 23-6, TITLED 'TRANSF R OF DEVELOPMENT
RIGHTS AND DENSITY FOR HISTORIC RES RCES; PROVISION FOR A
DETERMINATION OF ELIGIBILITY PROCES , AND SPECIAL PROVISIONS
FOR RESOURCES WITHIN THE MIAMI M ERN (MIMO)/BISCAYNE
BOULEVARD HISTORIC DISTRICT; PR IBITING CERTAIN USES; AND
ESTABLISHING A 35 -FOOT HEIGHT L IT", AND SECTION 23-6.2, TITLED
"CERTIFICATES OF APPROPRIATE SS", TO PROVIDE THAT PROPOSALS
FOR DESIGNATION MADE BY TH IAMI-DADE COUNTY HISTORIC
PRESERVATION BOARD, THE C COMMISSION, THE CITY OF MIAMI'S
("CITY") HISTORIC AND ENVIR MENTAL PRESERVATION BOARD
("HEPB"), THE CITY'S PLANN G, ZONING, AND APPEALS BOARD ("PZAB"),
AND ANY ORGANIZATION AT HAS BEEN A REGISTERED NON-PROFIT
CORPORATION IN THE S TE OF FLORIDA FOR AT LEAST FIVE (5) YEARS
WITH A RECOGNIZED I EREST IN HISTORIC PRESERVATION WILL
REQUIRE A SUPERM ORITY VOTE; TO MODIFY THE TIME TO APPEAL
DECISIONS REGAR G HISTORIC DESIGNATIONS TO THE CITY
COMMISSION TO TY (60) DAYS; TO MODIFY THE TIMING OF NOTICE;
TO PROVIDE TH THE NOTIFICATION TO OWNERS OF PROPERTIES
DESIGNATED AX HISTORIC WILL CLEARLY ADVISE THE OWNERS OF
THEIR RIGHT/O APPEAL TO THE CITY COMMISSION; TO PROVIDE
TIMIN/FCHEDULING APPEALS; TO REQUIRE ADDITIONAL NOTICE
OF PARINGS FOR SPECIAL CERTIFICATES OF
APPRNESS; TO PROVIDE UPDATES; CONTAINING A
SEVE CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSORi6): Commissioner Manolo Reyes
WHEREAS, the preservation of the City of Miami's ("City') historic resources is a
signifig6rit goal in the City's overall vision for its future; and
WHEREAS, the designation of historic resources, historic districts, multiple property
itions, and archeological sites and zones is of community value and enhances the
ics and quality of life in the City; and
City of Miami Page 1 of 8 File ID: 7185 (Revision: A) Printed On: 7123/2020
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File ID: 7185 Enactment NumbqF
WHEREAS, the designation of historic resources, historic dis/eeultiple prope 0
designations, and archaeological sites and zones, when done againl of the own of W
the property or properties in question, can impact and affect private rights; an
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WHEREAS, the intent of this amendment is to require that prfor de nations
made by any boards or local legislative bodies allowed to propose dns, luding but
not limited to the City's Historic and Environmental Preservation BoaB" , be approvedby a supermajority vote of the members; andWHEREAS, the decision to move ahead with a preliminary dn or to designate aproperty as historic is of enough significance to merit that such decissupported by a N
supermajority vote as provided for by this amendment; and
WHEREAS, in order to safeguard due process and owne private property rights while
taking into consideration the complexities of scheduling quasi j icial hearings before the City
Commission, the time to appeal designations made against t will of a property owner is being
extended from fifteen (15) days to sixty (60) days; and
WHEREAS, to safeguard the above-mentioned / terests, the notification of historic
designations issued to a property owner will clearly agKise the property owner of the right to
appeal to the City Commission and the time to file sXid appeal; and
WHEREAS, the City Commission, after reful consideration of this matter, deems it
advisable and in the best interests of the gen al welfare of the City and its residents to amend
the Code of the City of Miami, Florida, as apfended ("City Code"), as hereinafter set forth;
NOW, THEREFORE, BE IT OR INED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA: /
Section 1. The recitals an Indings contained in the Preamble to this Ordinance are
adopted by reference and incory6rated as if fully set forth in this Section.
Section 2. Chapter 34 of the City Code, titled "Historic Preservation", is hereby amended
in the following particular
"CHAPTER 23
HISTORIC PRESERVATION
ARTICLE I. HISTORIC PRESERVATION
Sec. 23 . Designation of historic resources, historic districts, multiple property designations,
and a geological sites and zones.
Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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(c) Procedures for designation. Properties which meet the criteria set forth in section 1t
may be designated as historic resources, historic districts, multiple property
designations, and archaeological sites and zones according to the following p cedures:
(1) Proposals and preliminary evaluation. Proposals for designation may made to the
board by any 9;L -a supermajority vote of its members after one 1 tuber of the
Board requests it to be placed on a Board agenda, bLthe mayor, b the city
manager, bLresolution of the planning, zoning and appeals boar approved by a
supermajority vote, bLresolution of the city commission a rov b a su erma'ori
vote, the property owner, bLresolution of the county histo . preservation board
approved by a supermajority vote, resolution of any orga zation that has been a
registered non-profit corporation in the state for at least fiv (5) years with a
recognized interest in historic preservation approved b su erma'orit vote, or by
the preservation officer. In those instances when a his ric district or multiple
property designation is being considered, the press tion office shall conduct
outreach involving all relevant homeowner associa ns and neighborhood
associations, ultimately ascertaining their level o upport by way of resolution or
vote. Said level of support shall be taken into c sideration by staff and members of
the HEPB when evaluating any proposed his ric district or multiple property
designation. The board shall conduct a prep inary evaluation of the data provided in
the proposal for conformance with criteri et forth in subsection (a); and shall, if
appropriate, direct the planning depart nt to prepare a designation report. The
board may require the party initiating ch proposal to provide any necessary
documentation, and to pay any appy able fees.
a. Notifica
tion. least ten 0 days prior to the meeting at which the board will
consider theinary ev uation, the owner of property or his designated
agent or atton file ith the city, which is the subject of said proposal for
designatione no ied by certified mail of the board's intent to consider the
preliminary tio of the property. Should the applicant be a person other
than the proo er or designated agent or attorney on file with the city, the
applicant shotified and the owner of record of the subject property shall be
notified. Foric districts or multiple property designations where there are
more than 5erties to be considered, for designation, the owners shall be
notified by fss mail and by the published notice.
The not!96 sent by certified mail of the board's intent to consider the preliminary
evalua ' n of the property, when sent to the property owners of involuntarily
des! tedresidentially zoned properties in a T3-0 designated transect zone
/aare notthe applicants, will state the right to appeal the board's final decision
dingdesignation to the city commission, and will include in the notification a
ment of the fee waiver provision contained in subsection (c)(7) herein.
Interim protection measures. From the date said notice of the preliminary
evaluation is mailed, no building permit for any new construction, alteration,
relocation, or demolition that may affect the property proposed for designation
shall be issued until one of the following occurs:
1. The board finds that the property does not appear to meet the criteria for
designation and votes not to direct the planning department to prepare a
designation report in accordance with subsection (bc)(1);
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2. The board approves or denies the designation in accordance with this
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subsSection (, or one hundred twenty (1202/eeave elapsed,
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whichever shall occur first, unless this time limit ed on the re rd by
mutual consent of the owner and the board; or
3. The owner applies for an accelerated certificate opriat ess prior to
final action on the designation by the board, andrtifi to of
appropriateness has been issued in accordancee visions of section23-6.2.
The preservation office shall place said i for a certificate ofappropriateness
on the next available agenda ofrd. Any owner who
carries out or causes to be carried out any workt the requiredcertificate
of appropriateness shall be subject tovisions of subsection
23-6.2(f).
(3) Notice and public hearing. The board shall condyt a public hearing to determine
whether the proposed historic resource, histor' district, multiple property
designation, archaeological site or zone meV§ the criteria set forth in subsection (a)
and shall approve, amend, or deny the proposed designation. All approvals or
supermajority of the Board. The board ay rehear proposals based upon policies set
forth in its rules of procedure. AllYpubhearings ondesignations conducted by the
board, except as provided in subn (bcc)(1)a., and hearings on appeals of board
decisions to the city commissioning designations shall be noticed as follows:
a. The owner of property or s/her designated agent or attorney, if any, which is the
subject of such design on shall be noted by mail at least 46 -thirty (30) days
prior to the board's m ting and ten-fdeen (15) days prior to subsequent
administrative a7ate
to hearings. The owner shall receive a copy of the
designation repess there are more than twen 20Z owners, in which case
the notice shallthat a copy is available and where it may be obtained.
b. An advertisgfnent shall be placed in a newspaper of general circulation at least
ten days Vor to the hearing.
c. Signsfhall be posted pursuant to subsection 62-129(2)a., as amended.
d. N ceof the time and place of the public hearing by the board, or city
mmission, as the case may be, shall be sent at least ten days in advance of
/he hearing by mail to all owners of property within 500 feet of the property lines
of the land for which the hearing is required. The applicant, or the appellant as
applicable, shall be charged the appropriate fee established for this purpose.
e. For the purpose of this chapter, the names and addresses of property owners
shall be deemed those appearing on the latest tax rolls of Miami -Dade County.
The preservation officer, or his/her designee, shall certify at the time of the public
hearing that notice as herein required was given to the persons as named and
with addresses shown on his/her certification by the placing in the mail system of
the United States on the date certified the herein required notice, the certification
shall be conclusive of the giving of such notice; in the case of condominiums,
notice will be sent solely to the condominium association. No action taken by the
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board, or the city commission, as the Gase may be,shall be voided by the failure Q
of an individual property owner or property owners to receive notice pursuant to W
this chapter.
(4) Historic and environmental preservation atlas. Histor/cein
istoric di icts, multiple
property designations, and archaeological zones depursuan o section 23-4
shall be shown in the "Official Historic and Environmserva ' n Atlas of the
City of Miami, Florida," as amended.
(5) Electronic building records. Following the designatiorce, the historic
preservation officer shall note the property as a histoce in the city's building
department records.
(6) Notifications.Following the designation of a resourctoric preservation officer
shall notify the following parties with a copy of the re
a. The owner(s) of record.
Subsection (7) below.
b. The Miami -Dade County Clerk of to Courts.
(7) Appeals.
a. The property owner, any on member of the city commission, the planning
department, or any aggri ed party that has standing under Florida law may
appeal to the c/nce
sion any decision of the board on matters relating to
designations bn psi 60 calendar days after the date of the
decision a writtf appeal with the hearing boards department, with a
copy to the prefficer. Such notice of appeal shall set forth concisely
the decision apm and the reasons or grounds for the appeal. Appellate
fees for gropef involuntarily designated residentially zoned properties
in a T3-0 deylgriated transect zone that are not the applicants, are waived. The
city shall b9fir the cost of $3.5A -prescribed by Chapter 62 for each mailed notice
required Arsuant to subsection (s)(3} this Section. Except as appellate fees and
mailed tice costs are expressly waived above, each appeal shall be
a 'co anied by a fee of $525.00, plus the cost of$3.50-prescribed by Chapter
62f each mailed notice required pursuant to subsectieA-(G)(;4 this Section.
T city commission shall hear and consider all facts material to the appeal and
nder a decision as promptly as possible. The city commission may affirm,
modify, or reverse the board's decision. Any decision to reverse the board's
decision shall require a three-fifths vote of all members of the city commission.
Appeals from decisions of the city commission may be made to the courts as
provided by the Florida Rules of Appellate Procedure. The provisions of this
subsection (b) shall remain in effect during the entire appeal process, unless
stayed by a court of competent jurisdiction. The appeal shall be a de novo
hearing and the city commission may consider new evidence or materials in
accordance with the zoning ordinance. Appeals concerning designations shall be
made directly to the city commission, within psi 60 calendar days after the
date of the decision, and follow the procedures described in
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erein. The Office of Hearing Boards shall schedule th In
appeal on the next available City Commission meetin-q followingrecei t he LLI
appeal.
(8) Amendments. The board may amend any designation by following the me
procedures as set forth in this section. The board may likewise rescin any
designation if the structure or feature of principal historic significanc has been N
demolished or destroyed. m
(d) Reserved.
(e) Effect of designation. Upon designation, and thereafter, the pr isions of section 23-6.2
shall apply.
Sec. 23-6. - Transfer of development rights and density for hYforic resources; provision for a
determination of eligibility process, and special provisions fgff resources within the Miami
Modem (MiMo)/Biscayne Boulevard Historic District; pro ' iting certain uses; and establishing a
35 -foot height limit.
(6) Review for certification of an
a determination of eligibility I
officer shall schedule theap
meeting of the HEPB. At Ip,
application will be heard, e
representative, shall b otif
application.
eli ' /e historic resource. Once the application for
a been deemed complete, the preservation
cation before the next regularly scheduled
t ten days prior to the meeting at which the
owner or their designated agent or
Bd of the board's intent to consider the
In making its deci on as to whether to certify the resource, the board shall
consider:
f. Appealsjfom the decision of the HEPB. The property owner, any one member
of the y commission, the planning department, or any aggrieved party may
app to the city commission any decision of the board on matters relating to
such certifications by filing within 15 calendar days after the date
o he decision a written notice of appeal with the hearing boards department,
ith a copy to the preservation officer. Such notice of appeal shall set forth
concisely the decision appealed from and the reasons or grounds for the
appeal. Each appeal shall be accompanied by a fee of $500.00, plus $3�9
pw the cost prescribed by Chapter 62 for each mailed notice required
pursuant to subsection 23-4(#g)(3). The city commission shall hear and
consider all facts material to the appeal and render a decision as promptly as
possible. The city commission may affirm, modify, or reverse the board's
decision. Any decision to reverse the board's decision shall require a three-
fifths vote of all members of the city commission. Appeals from decisions of
the city commission may be made to the courts as provided by the Florida
Rules of Appellate Procedure. The provisions of subsection 23-4(b3c) shall
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remain in effect during the entire appeal process insofar as they ao not c sect
with this Section, unless stayed by a court of competent jurisdiction. Th
appeal shall be a de novo hearing and the city commission may cons' er new
evidence or materials in W
erdinan . Appeals shall be made directly to the city commission, ithin 15 1••
calendar days after the date of the decision, and follow the proc ures D
described in herein �..
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Sec. 23-6.2. - Certificates of appropriateness. m
(b) Procedures for issuing certificates of appropriateness.
(4) Special certificates of appropriateness. ere the action proposed in an
application involves a major addition, trration, relocation, or demolition, as
specified by the rules of procedure of a board; where the preservation officer
finds that the action proposed in an pplication involving a minor alteration is
not clearly in accord with the gui fines as set forth in subsection (c); or when
the applicant is requesting a w ' er, or exception or exclusion from the
requirements of the zoning co the application shall be classified as a special
certificate of appropriatenes , and the following procedures shall govern:
a. Public hearing. Whe a complete application is received, the preservation
officer shall place a application on the next regularly scheduled meeting
of the board. Th oard shall hold a public hearing to review the
application. All ublic hearings on all certificates of appropriateness
conducted by a board and hearings on appeals of board decisions to the
city commi ion regarding certificates of appropriateness shall be noticed
as follows
1. TF 6 applicant shall be notified by mail at least ten JLOhcalendar days
for to the hearing.
Any individual or organization requesting such notification and paying
any established fees therefore shall be notified by mail at least ten
calendar days prior to the hearing.
3. Notice shall also be sent by mail to all owners of property within 500 feet
of the property lines of the subiect property at least ten (10) calendar
days prior to the hearing.
4. An advertisement shall be placed in a newspaper at least ten calendar
days prior to the hearing.
45. Any additional notice deemed appropriate by the board,
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(e) Appeals. The applicant, the planning department, or any aggrieved party m9f appeal
to the city commission any decision of the board on matters relating to
and certificates of appropriateness by filing within fifteen (15) calendar d s after the
date of the decision a written notice of appeal with the hearing boards partment,
with a copy to the preservation officer. The notice of appeal shall set rth concisely
the decision appealed from and the reasons or grounds for the app I. Each appeal
shall be accompanied by a fee of $525.00, plus $3.50 pe the cos rescribed b
Chanter 62 for each mailed notice required-pw . T city commission
shall hear and consider all facts material to the appeal and ren r a decision as
promptly as possible. The appeal shall be de novo hearing a the city commission
may consider new evidence or materials. The city commiss' n may affirm, modify, or
reverse the board's decision. The decision of the city co ission shall constitute final
administrative review, and no petition for rehearing or r onsideration shall be
considered by the city. Appeals from decisions of the ' y commission maybe made
to the courts as provided by the Florida Rules of Ap Hate Procedure.
Section 3. If any section, part of a section, paraglaph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected.
Section 4. This Ordinance shall becomeI
ctive immediately after final reading and
adoption thereof.z
APPROVED AS TO FORM AND CORRECTNESS:
1
ria dez, i y ttor iey 4/13/2020
rOrdinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
:ive immediately upon override of the veto by the City Commission or upon the effective date stated
i, whichever is later.
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