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HomeMy WebLinkAboutO-10874J-90-604 4/9/91 ORDINANCE NO. 10874 AN ORDINANCE RELATING TO LAND USE, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY DELETING THE EXISTING ARTICLE 7, "HC HERITAGE CONSERVATION OVERLAY DISTRICTS," AND SUBSTITUTING IN LIEU THEREOF AN ENTIRELY NEW ARTICLE 7 ENTITLED "HP HISTORIC PRESERVATION OVERLAY DISTRICTS;" PROVIDING FOR: INTENT, APPLICATION OF DISTRICT, EFFECT OF DISTRICT, HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, PRESERVATION OFFICER, CONDITIONAL USES AND DEVIATIONS, AND APPEALS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of June 20, 1990, Item No. 1, following an advertised hearing adopted Resolution No. 46-90 by a vote of 7 to 0, RECOMMENDING APPROVAL of amending Ordinance No. 11000 as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 11000 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Article 7, entitled "Heritage Conservation Overlay Districts," of .Ordinance No. 11000, as amended, the i Zoning Ordinance of the City of Miami, Florida, hereby repealed in its entirety, and an entirely new Article 7 is substituted therefor, to read as follows: "ARTICLE 7. HP HISTORIC PRESERVATION OVERLAY DISTRICTS I Sec. 700. Intent. Chapter 23.11 "Historic Preservation," of the Miami City Code has the intent of preserving and protecting the heritage of the City of Miami through the restoration, rehabilitation, and adaptive use of Miami's historic and architectural resources. It is the intent of this Article to further promote the adaptive use of historic sites and historic districts by relaxing certain otherwise applicable zoning regulations if the standards, procedures, and conditions set forth in this Article are met. 10874 r Sec. 701. Application of District. No application for an HP overlay district shall be accepted unless the historic site or historic district has been designated pursuant to section 23.1-4 of the Miami City Code. Furthermore, HP overlay districts shall be applied only to said designated historic sites and historic districts which shall require a conditional use or deviation, as defined in section 704.1 below, to encourage or assure their preservation. HP overlay districts may hereafter be established pursuant to the provisions of Article 221, "Amendments," except that all applications for amendments shall be submitted to the Historic and Environmental Preservation Board, as established pursuant to section 62-70 of the Miami City Code, for review and recommendation prior to any public hearing on such application by the Planning Advisory Board or Zoning Board. Applications for amendments to existing HP overlay districts shall be processed likewise. Applications for HP overlay districts shall be exempt from the size limit requirement on the rezoning of property as established in section 2214.1. Sec. 702. Effect of District. reqHP overlay districts shall have the effect of modifying uirements, regulations, and procedures applying in existing zoning districts indicated in the official zoning atlas, or zoning districts hereafter created and remaining after the HP overlay district is superimposed, to the extent provided herein. All zoning requirements, regulations, and procedures not specifically modified by the HP overlay shall remain in full force and effect. Sec. 703. Historic and Environmental Preservation Board; Preservation Officer. The Historic and Environmental Preservation Board (hereinafter referred to as the "board") and the Preservation Officer as established pursuant to sections 62-70 and 62-75 of the Miami City Code shall carry out the duties as assigned by this Article. Sec. 704. Conditional Uses and Deviations. 704.1. Types of conditional uses and deviations permissible. 704.1.1. Conditional Uses. Professional offices, tourist and guest homes, museums, and private clubs or lodges may be permissible as conditional uses. Such uses shall be permissible only within existing structures that contribute to the historic character of the historic site or historic district, as identified in the designation report prepared pursuant to section 23.1-4(B)(2) of the Miami City Code; and shall not be permissible in any case where the structure(s) of principal historic significance has (have) been destroyed or damaged beyond repair, as determined by the board, for any reason. Any use authorized pursuant to this section shall comply with all regulations applicable to the same or similar use in the most restrictive zoning classification permitting such use, to the extent 2 10874 such regulations have not been modified pursuant to this section. 704.1.2. Deviations concerning historic structures. The board may vary the provisions of Article 11, "Non - conformities," to the extent indicated herein. Any structure that contributes to the historic character of a historic site or historic district, as identified in the aforementioned designation report, shall be permitted to be repaired, restored, structurally altered, or reconstructed, notwithstanding any conflicts with provisions of the underlying zoning district pertaining to minimum lot size, setbacks, minimum lot width, maximum height, building footprint, green space, off-street parking, or loading requirements. New structures or additions to existing structures may also be authorized by the board when necessary to encourage the preservation of historic sites and historic districts. Historic signs shall be permitted to remain and to be repaired, restored, structurally altered, or reconstructed. 704.1.3. Deviations concerning additions and new buildings. In cases where the configuration of an HP district precludes reasonable and appropriate use of the property within the underlying zoning district envelope, a deviation of up to twenty (20) percent from the underlying zoning district requirements for maximum height, building footprint, and green space may be authorized by the board. 704.1.4. Deviations concerning off-street parking. In cases where the size or configuration of an HP district is such that compliance with off-street parking requirements would destroy the historic character of the property, the board may authorize a reduction of up to one-third (1/3) of the number of parking spaces that would ordinarily be required for a new structure of equivalent use and floor area. 704.2. Procedures for granting conditional uses and deviations. 704.2.1. Application for a special certificate of appropriateness. An application for a special certificate of appropriateness shall be submitted pursuant to the provisions of section 23.1-5 of the Miami City Code. In addition, the application shall contain a written statement justifying the requested conditional use or deviation and providing evidence that said conditional use or deviation is necessary to encourage or assure the continued preservation of the designated historic structure. 704.2.2. Notice and hearings, generally. The board shall hold a public hearing with notice as set forth in section 62-55 (1 through 4) of the Miami City Code. 704.2.3. Decision of the board. The board shall make findings based upon the standards set forth in section 704.3 and shall take one (1) of the following actions: 3 .0874 1. Issuance of a special certificate of appropriateness for the conditional use or deviation proposed by the applicant; or 2. Issuance of a special certificate of appropriateness with specific modifications and conditions; or 3. Denial of a special certificate of appropriateness. 704.3. Standards. In addition to guidelines for issuing certificates of appropriateness as set forth in section 23.1-5(C) of the Miami City Code, the board shall determine that the following standards have been met before reaching a decision to grant a special certificate of appropriateness. 1. The conditional use or deviation shall provide a public benefit and shall be the minimum necessary to encourage or assure the continued preservation of the historic structure; and 2. The conditional use or deviation shall be in harmony with the general intent and purpose of this article and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 3. The project shall be designed and sited in a manner that minimizes the impact on the surrounding areas in terms of vehicular ingress and egress, off-street parking, pedestrian safety and convenience, public utilities and services, lighting, noise, or potential adverse impacts. 704.4. Conditions and safeguards. 704.4.1. The board may impose conditions and safeguards. In granting any conditional use or deviation, the board may prescribe appropriate conditions and safeguards necessary to protect and further the interest of the area and abutting properties, including, but not limited to, landscape materials, walls, and fences as required buffering; modifications of the orientation of any openings; modification of site arrangements; and control of manner or hours of operation. 704.4.2. Requirements for substantial rehabilitation. As a condition of granting a conditional use or substantial deviation, as determined by the board at the time of granting the special certificate of appropriateness, the board may require that the structure(s) for which the conditional use or deviation is (are) requested be substantially rehabilitated in accordance with the South Florida Building Code, the National Fire Prevention Code, the U. S. Secretary of the Interior's "Standards for Rehabilitation," and any other applicable codes and regulations. 704.4.3. Requirements concerning time limitations. In granting a special certificate of appropriateness, the board shall, as a condition or safeguard, specify a reasonable limitation of time within which an 4 10874 application for a building permit, if applicable, shall be made. In addition, the board may prescribe a reasonable limitation of time within which rehabilitation shall be commenced or completed, or both. Failure to meet such time limitations shall result in the cancellation of the special certificate of appropriateness unless, on application to the board and on due cause shown, the board shall extend the time limitation originally set. Such application shall be filed with the preservation officer not less than thirty (30) calendar days prior to the date of expiration of the certificate of appropriateness. If the application for an extension of time is denied by the board, it shall state in writing its reasons for the action of denial. Extensions in six (6) month increments may be granted, but in no case shall more than two (2) extensions be granted for a specific certificate of appropriateness. 704.4.4. Requirements concerning demolition. In cases where a property owner through his prior application has been granted a conditional use or substantial, deviation, as determined by the board at the time of granting the special certificate of appropriateness, the board shall have the authority to deny a certificate of appropriateness for demolition of the subject historic structure(s) under the provisions of section 23.1-5(C)(2)(a) of the Miami City Code. Sec. 705. Appeals. Appeals of any decision of the board shall follow the same procedures as set forth in section 23.1-5(B)(4)(e) of the Miami City Code." Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby 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. PASSED ON FIRST READING BY TITLE ONLY this 25th day of October , 1990. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of April 1991. ATT XAVIER L. SUA EZ, MAYOR T � e MA Y HIRAI CITY CLERK 5 10874 PREPARED AND APPROVED BY: iel Cp A�6 L 9. MAXWEL C EF ASSIST T CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: r ^I n, JOR E L. FE N. CI ATTORN Y JEM/bf/M665 6 10874 MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Wllllame, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF ML4U Legal Notice Re: Ordinance No 40874 In the ....... X X X .... Court, was published In said newspaper in the Issues of May 6, 1991 psrlishsatsiaIneddlCntsFrinewshhappubledMmi saidDaeouyloda,and tat the said newspaper has heretofore been continuously ppublished In said Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class all matter at the post office in Miami in said Dade Ce Florida, for a period of one year next preceding the firs ubll ation of the attached copy of advertisement• and afflant urther says that she has neither paid nor promise any pereon firm r corporation any discount, rebate, commission or ref nd Y r the pu as of securing this advertisement for public do In the s newspaper. +F' PAY F (+J% •wom to {ridYsubscribed before me this r 6th.. day of ......., A.D. 1e... 91 (SEAL YY+++* "OFFICIAL NOTARY SEAL" CHERYL H. MARMER MY COW. EXP. 4/12/92 RECEIVED NDI MAY 10 All 9: 32 C. I �q t 1 'i i I't' k I CITY CLr t;ii (SEE ATTACHED)