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Home My WebLink AboutO-12195J-02-110 1/23/02 ORDINANCE NO. 1 1 19 5 ��M AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, RELATING TO HISTORIC PRESERVATION, BY AMENDING SECTION 23-5 TO MODIFY PROVISIONS RELATED TO PROCEDURES AND GUIDELINES FOR ISSUING CERTIFICATES OF APPROPRIATENESS FOR DEMOLITION AND GUIDELINES FOR UNREASONABLE OR UNDUE ECONOMIC HARDSHIP; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission, after careful consideration, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend the 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. 12195 Section 2. Chapter 23 of the Code of the City of Miami, Florida is amended to read as follows:'/ "Chapter 23 Historic Preservation Section 23-5. Certificates of appropriateness. (b) Procedures for issuing certificates of appropriateness. ( 4 ) Special certificates of appropriateness. b. Decision of the board. 3. Denial of a special certificate of appropriateness, including denial of a special certificate of appropriateness for demolition sul-eet to thelifnitatiens amn sid bseet 4: en (e) \4`'/ , or (c) Guidelines for issuing certificates of appropriateness. 1� 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. Page 2 of 7 (2) 0 , 0 Demolition of existing structures. use er substantial eieviat4:en un the picev±s±eF�-, of seetien – 94 . . 4—ef GiceinaneeNuffiber ! ! nnn r the Zening Greiinanee 6f the r as afftendeel. a.. Decisions of the board to issue, deny or issue with a deferred effective date applications for certificates of appropriateness for demolition shall be based upon the following criteria: 1. The degree to which the structure contributes to the historic and/or architectural significance of the historic site or 2. district; Whether loss of the structure would adversely affect the historic and/or architectural integrity of the historic site or district; 3. Whether architectural plans have been presented to the board for the reuse of the property if the proposed demolition were to be carried out, and the appropriateness of said plans to the character of the historic 4. site or district, if applicable; Whether the structure poses an imminent 5. threat to public health or safety; Whether the applicant has, demonstrated that retention of the structure would create an unreasonable or undue economic hardship; 6. Whether there is a compelling public interest b E3Eeept with The b ._; a n d alternative applieant requiring the demolition. as previdedrr- s Lseetien (e) ) abeTCT_, the a aer.Fe e t iy e—ate --dp t o s i t t effeetive date shall be eleteicFfti-ned Jay the based upen thei=e4:atAy e :4: n T= c a n ee ef the - to deffteilitie'n-,fidwhether the has f to ee—a e l e a r ee tcz Fft i n a ti erg-ef Page 3 of 7 12195 db. During the—deme en dela pei=i-ee bThe owner shall permit access to the subject property for the purpose of appi=a±sals--and- inspections and/or appraisals required by the board or preservation officer. if thelaea -El fine } t ��3-amore—ewneic has- pia b1i e h^---R'g. ec. As a condition of issuing a certificate of appropriateness for demolition, tT-he board may require, at the applicant's expense, salvage and preservation of significant building materials, architectural details and ornaments, fixtures, and the like for reuse in restoration of other historic properties. The board may also require at the applicant's expense the recording of the structure for archival purposes prior to demolition. The recording may include, but shall not be limited to, photographs and measured drawings.. d. As a condition of issuing a certificate of appropriateness for demolition, the board may require that no building permit be issued for the demolition of said structure until a building permit for the construction of a new building has been issued, if new construction is proposed. 6) Unreasonable or undue economic hardship. a. where strict enforcement of the provisions of this section would result in an unreasonable or undue economic hardship to the applicant, the board shall have the power to vary or modify .the Page 4 of 7 12195 gra- —te e ed e"e - i ic e e eRiffie n -- - - - - f e ic be d i e s e rag --ani trete—ei e n e ii e s, sera 4�hc db. During the—deme en dela pei=i-ee bThe owner shall permit access to the subject property for the purpose of appi=a±sals--and- inspections and/or appraisals required by the board or preservation officer. if thelaea -El fine } t ��3-amore—ewneic has- pia b1i e h^---R'g. ec. As a condition of issuing a certificate of appropriateness for demolition, tT-he board may require, at the applicant's expense, salvage and preservation of significant building materials, architectural details and ornaments, fixtures, and the like for reuse in restoration of other historic properties. The board may also require at the applicant's expense the recording of the structure for archival purposes prior to demolition. The recording may include, but shall not be limited to, photographs and measured drawings.. d. As a condition of issuing a certificate of appropriateness for demolition, the board may require that no building permit be issued for the demolition of said structure until a building permit for the construction of a new building has been issued, if new construction is proposed. 6) Unreasonable or undue economic hardship. a. where strict enforcement of the provisions of this section would result in an unreasonable or undue economic hardship to the applicant, the board shall have the power to vary or modify .the Page 4 of 7 12195 provisions of this section, including adopted guidelines. The fact that compliance would result in some increase in costs shall not be considered unreasonable or undue economic hardship if the use of the property is still economically viable. b. Any applicant wishing, to assert unreasonable or undue hardship must submit as a part of the application for a Certificate of Appropriateness a written statement presenting the factual data establishing such economic hardship. The written statement presenting factual data shall be in the form of a sworn affidavit containing the following information: 1. The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased; 2. The assessed value of the land and improvements thereon according to the three most recent assessments; 3. The amount of real estate taxes for the previous three years; 4. All appraisals obtained by the owner or applicant within the previous three years in connection with the potential or actual purchase, financing or ownership of the property; S. All listings of the property for sale or rent within the previous three years, prices asked and offers received, if any; 6. For income producing property only, a profit and loss statement for the property containing the annual gross income for the previous three years; itemized expenses, including operating and maintenance costs, for the previous three years; annual cash flow for the previous three years; and proof that the owner has made reasonable efforts to obtain a reasonable rate of return on the owne.r's investment and labor; Page 5 of 7 1219 5, 7. Any consideration by the applicant as to.uses or adaptive uses of the property; C. In the event that any of the required information is not reasonably available to the applicant or cannot be obtained, the applicant shall file with the affidavit a statement of the information that cannot be obtained and shall describe the reasons why such information is unavailable. d. Notwithstanding the submission of the above information, the board may require, at the applicant's expense, additional evidence, including, but not limited to, architectural, structural and/or financial evaluations or studies as are reasonably necessary in the opinion of the board to determine the economic feasibility of rehabilitation of the structure. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty Page 6 of 7 12115 (30) days after final reading and adoption thereof.21 PASSED ON FIRST READING BY TITLE ONLY this 24th day of January , 2002. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 7th day of March , 2002. ' t NUEL A. DIAZ, MA R ATTEST: � r WAL R J. FOEMAN CIT CLERK APPROVED AS FORM AND CORRECTNESS: E D V RELLO rl204 ATTORNEY :JEM:BSS zi This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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. Page 7 of 7 9 • APPLICANT PLANNING FACT SHEET City of Miami Planning and Zoning Department Pz 13 SECOND READING HEARING DATE January 24, 2002 REQUEST/LOCATION Consideration of amending Chapter 23 of the Miami City Code LEGAL DESCRIPTION 0m PETITION Consideration of amending Chapter 23 of the Miami City Code, relating to historic preservation, by amending Section 23-5 to modify provision related to procedures and guidelines for issuing Certificates of Appropriateness for demolition and guidelines for: unreasonable or undue economic hardship. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD CITY COMMISSION Approval. The proposed amendment would give the Historic and Environmental Preservation Board the authority to deny applications for Certificates of Appropriateness for demolition. Presently, the Board can only delay demolition for up to six months. The amendment also clarifies the guidelines for demonstrating unreasonable or undue economic hardship. Recommended approval to VOTE: 8-0 City Commission. Passed First Reading on January 24, 2002. CITY OF MIAMI o PLANNING AND ZONING DEPARTMENT 444 -SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 2/4/2002 Page 1 12195