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02/20/02
ORDINANCE NO. 1 42 I' I
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI,
BY AMENDING ARTICLE 8, SECTION 800, ENTITLED
"NEIGHBORHOOD CONSERVATION DISTRICTS"; TO
INTRODUCE PROVISIONS RELATED TO THE CREATION
OF NEIGHBORHOOD CONSERVATION DISTRICTS;
PROVIDING FOR AN INTENT STATEMENT,
QUALIFICATION CRITERIA, AND PROCEDURES FOR
CREATING AND MODIFYING SUCH DISTRICTS;
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, is amended by amending
the text of said Ordinance as follows:l'
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.
12.0
"ARTICLE 8. RESERVED.- NCD Neighborhood Conservation
Districts GENERAL PROVISIONS.
Sec. 800. Intent.
A Neighborhood Conservation District (NCD) is a protective
land use element that outlines a criteria and mechanism to
implement when called for. It is an umbrella land use
designation overlay that will allow for the tailoring of a
master plan and/or design guidelines for any specifically
defined area that meets the criteria listed in Section 800.3.
Qualifications.
The master plan and/or design guidelines can include
additional overlay zoning, site, architectural and landscape
guidelines, conservation and preservation strategies, community
development strategies, as well as incentive programs.
As in true historic districts, much of the work within any
NCD district will require that a Certificate Of Compliance (COC)
be acquired. A COC will be required for all demolitions,
additions, or new structures. The COC must be received before
the owner applies for a building permit.
A Neighborhood Conservation District designation
accomplishes its purpose by establishing a master plan and/or
design guidelines to provide for a land -use or zoning tool to
preserve neighborhood character and promote compatible
development by regulating new construction, major
alterations/additions to existing buildings.
It is further intended that such districts and the
regulations adopted for them shall be in accord with, and
promote the policies set out in, the Miami Comprehensive
Neighborhood Plan and other officially_ adopted plans in
accordance therewith.
Sec. 800.1. Objective.
Page 2 of 7
The purpose of creating a Conservation Neighborhood District
(NCD) is to:
• Provide a land -use or zoning tool to preserve neighborhood
character and promote compatible development by regulating
new construction, major alterations/additions to existing
buildings. A NCD could also serve to implement a
neighborhood plan and serve as a catalyst for the
rehabilitation of existing buildings.
• Protect neighborhoods or districts that have significant
architectural and historic merit and a distinct character
but that do not qualify for historic district status or
have lost some of their integrity through incompatible
additions and new development.
• Protect structures that contribute to the architectural
heritage of the city but have not received historic
designation. Valuable buildings in the district that meet
certain criteria would be subject to review prior to
receiving a demolition permit.
Sec. 800.2. Effect of district designation.
Such NCD districts may either:
(a) Supplant districts or portions of districts existing
at the time of creation of a particular NCD district; or
(b) Have the effect of modifying requirements,
regulations, and procedures applying to the extent indicated in
the particular NCD amendment.
Sec. 800.3. Qualification
Neighborhood Conservation Districts (NCD) are areas
usually, but not limited to, residential neighborhoods with
certain identifiable attributes embodied in architecture, urban
design, and history that are subject to special zoning or land -
use regulations. Age is not a major consideration.
Page 3 of 7
In order for a NCD to be officially designated, the area
would have to meet one (1) out of the following five (5)
criteria. A NCD should have:
1. A unique or historic architectural character present
in the defined area.
2. Natural or historic landscape features such as water
features, natural forest communities, public or
private landscape themes prevalent in the area.
3. Specialized commerce. For example, a concentration of
antique or design districts, or specific economic
development objectives.
4. A unique plan which is specifically noteworthy for its
design and because it serves the community in some
quantitative way.
S. Other cultural features such as cemeteries, notable
infrastructure improvements that directly contribute
to the aesthetic character of a community, or special
public amenities.
When an area is determined to meet the necessary criteria
for a NCD, the objectives for the community need to be defined
so a master plan and/or design guidelines can be designed.
Sec. 800.4. Preparation of recommendation for specific SD
zoning; contents of recommendations.
Recommendations for creation of an NCD zoning districts
shall be prepared only by the department of planning and zoning
or the planning advisory board, pursuant to their own
initiatives or at the direction of the city commission. Each
recommendation shall identify the proposed zoning by the NCD
prefix and a number identifying the particular district, as for
example NCD -1, together with whatever other identification
appears appropriate, and shall contain information and proposals
as indicated below concerning the areas, buildings, and/or
premises proposed for such regulation.
Page 4 of 7 -
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800.4.1. Statement of intent.
The NCD zoning district shall include a statement of
intent, specifying the nature of the special district and
substantial public interest involved and the objectives to be
promoted by special regulations and/or procedures within the
district as a whole, or within subareas of the district, if
division into such subareas is reasonably necessary for
achievement of regulatory purposes.
800.4.2. Proposed district boundaries.
The recommendations shall include a map or maps and
pertinent supplementary material indicating as applicable:
(a) The boundaries of the NCD district and any sub -areas,
if any, established within the district for purposes of NCD
regulations.
(b) The zoning designations of all portions of underlying
districts, if any, which will remain after NCD zoning is
superimposed. where it is proposed to change the boundaries or
zoning designation of remaining underlying districts affected in
the same action by which NCD zoning is applied, the map shall
show the nature and location of such.change.
800.4.3. Regulations.
The regulations shall be designed to promote the special
urposes of the district, as set out in the statement of intent.
800.4.4. Requirements concerning special approvals.
The regulations may require special review of development
plans by the department of planning and zoning, city boards, the
city commission, or other officials or agencies of the city. In
specified classes of development where the director of planning
and zoning is required to obtain the advice and recommendations
of the Urban Development Review Board, Historic and
Environmental Preservation Board or Latin Quarter Review Board
in connection with Class II Special Permit approval, if either
fail to act due to lack of quorum within the specified time
limitations for Class II Special Permit review, the director of
Page 5 of 7 12210
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planning and zoning may proceed ,without such advice and
recommendations. Where special approval or special permit is
required, no building permit or certificate of occupancy or use
shall be issued until after written approval, or for development
other than that in accord with approved plans and instruments
Sec. 800.5. Procedures for adoption of NCD amendments.
Subject to such additional requirements as are set out
under this article, adoption of NCD amendments shall be by the
same procedures as for amendments generally, as set forth in
article 22 of this Zoning Ordinance.
Section 2. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 3. 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 4. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof'.
a/ 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 6 of 7
PASSED ON FIRST READING BY TITLE ONLY this 7th day of
March , 2002.
PASSED AND
ADOPTED
ON SECOND
AND FINAL READING BY TITLE
ONLY this 11th
day of
April
, 2002.
,1f6 -
Page
f6
ATTEST:
PRISCILLA A. -THOMPSON
CITY CLERK
APPROVE" AS.,,;,TO FORM AND CORRECTNESS:
EJAWRG VILARELLO
TTY ATTORNEY
W1215:GMM:dd
Page 7 of 7
Pz . 9
SECOND READING
PLANNING FACT SHEET
APPLIGANT City of Miami Planning and Zoning Department.
HEARING DATE January 16, 2002
REQUEST/LOCATION Consideration of amending Article 8 of Zoning Ordinance
11000.
LEGAL DESCRIPTION N/A.
PETITION Consideration of amending Ordinance 11000, as
amended, the Zoning Ordinance of the City of Miami,
Florida, by amending Article 8, to be entitled
"Neighborhood Conservation Districts", in order to
introduce provisions related to the creation of
Neighborhood Conservation Districts; providing for an
intent statement, qualification criteria and procedures for
creating and modifying such districts.
PLANNING
RECOMMENDATION Approval.
BACKGROUND AND
ANALYSIS The proposed amendment is in order to establish a new
mechanism of designating Neighborhood Conservation
Districts in order to preserve specific elements within
specific neighborhoods within the City of Miami. The
Neighborhood Conservation Districts will function much
like the Special Districts do today, however, their purpose
and criteria for review will be further tailored to the specific
elements of each neighborhood to be conserved.
Individual districts will be designated as appropriate.
PLANNING ADVISORY BOARD Recommended approval to VOTE: 8-1
City Commission.
CITY COMMISSION Passed First Reading on
March 07, 2002.
APPLICATION NUMBER 01-038 Item #6
CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Date: 3/13/2002 Page 1
RESOLUTION PAB - 06-02
A RESOLUTION RECOMMENDIIV.G_ APPROVAL OF A CONSIDERATION
OF AMENDING-ORDINANCE�-l'-,1`000 `i "`AS ` ,"�AIvIENDED; 'THE ZONING
ORDINANCE OF THE CITY OF MIAMI; BY AMENDING ARTICLE 8, TO
BE ENTITLED "NEIGHBORHOOD CONSERVATION DISTRICTS", IN
ORDER TO INTRODUCE PROVISIONS RELATED TO.THE CREATION OF
NEIGHBORHOOD CONSERVATION DISTRICTS; PROVIDING FOR AN
INTENT STATEMENT, QUALIFICATION CRITERIA AND PROCEDURES
FOR CREATING AND MODIFYING SUCH DISTRICTS.
HEARING DATE: January 16, 2002
ITEM NO.: 6
VOTE: 8-1
ATTEST:
aGelabe -Sanc ez, cto
Planning and Zoning apartment