HomeMy WebLinkAboutO-10875J-90-606
4/9/91 10875
ORDINANCE NO.
AN ORDINANCE , RELATED TO HISTORIC
PRESERVATION, AMENDING THE CODE OF THE CITY
OF MIAMI, FLORIDA, BY ADDING A NEW CHAPTER
23.1 ENTITLED "HISTORIC PRESERVATION";
PROVIDING FOR: INTENT AND PURPOSE;
DEFINITIONS; HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD; PRESERVATION OFFICER;
DESIGNATION OF HISTORIC SITES, HISTORIC
DISTRICTS, AND ARCHEOLOGICAL ZONES;
CERTIFICATES OF APPROPRIATENESS; AND
ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND
PENALTIES; FURTHER, AMENDING CHAPTER 62, 'BY
DELETING THE EXISTING ARTICLE VII ENTITLED
"HERITAGE CONSERVATION BOARD" AND
SUBSTITUTING IN LIEU THEREOF AN ENTIRELY NEW
ARTICLE VII ENTITLED "HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD;" PROVIDING
FOR: ESTABLISHMENT; MEMBERSHIP; FUNCTIONS,
POWERS, AND DUTIES, GENERALLY; PROCEEDINGS;
COMPENSATION; AND PRESERVATION OFFICER;
CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Heritage Conservation Board, at its
meeting of June 19, 1990, Item No. 7, following an advertised
hearing, adopted Resolution HC-90-19 by a vote of 7 to 0,
RECOMMENDING APPROVAL of amending the Code of the City of Miami,
Florida, as hereinafter set forth, but further recommending that
the name of the Board be changed from "Preservation Board" to
"Historic and Environmental Preservation Board"; and
WHEREAS, per Motion 90-237, dated March 27, 1990, the City
i Commission directed the administration to initiate legislation
transferring responsibility for future designation of historic
properties from the Zoning Ordinance to the City Code, thereby
giving the Heritage Conservation Board the authority to designate
historic properties, with appeal to the City Commission; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of June 20, 1990, Item No. 2, following an advertised hearing,
adopted Resolution No. 47-90 by a vote of 5 to 0, RECOMMENDING
APPROVAL of amending the Code of the City of Miami, Florida, as
hereinafter set forth and as amended by the Heritage Conservation
Board; and
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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
the Code of the City of Miami, Florida, as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Code of the City of Miami, Florida, is
hereby amended by adding a new Chapter 23.1, entitled "Historic
Preservation," to read as follows:l/
"CHAPTER 23.1
HISTORIC PRESERVATION
Sec. 23.1-1. Intent and purpose.
(A) The intent of this chapter is to preserve and
protect the heritage of the City of Miami through the
identification, evaluation, rehabilitation, adaptive
use, restoration, and public awareness of Miami's
historic, architectural, and archeological resources.
This chapter is further intended to:
(1) Effect and accomplish the protection, enhancement,
perpetuation, and use of structures, landscape
features, archeological resources, areas,
neighborhoods, and scenic vistas which represent
distinctive elements of the city's historic, cultural,
archeological, aesthetic, and architectural heritage;
(2) Foster civic pride in the accomplishments of the
past;
(3) Protect and enhance the aesthetic and
environmental character, diversity, and interest of
neighborhoods;
(4) Stabilize and improve property values in
neighborhoods and in.the city as a whole;
(5) Protect and enhance the city's attraction to
residents, tourists, and visitors and thereby serve as
a support and stimulus to the economy;
(6) Promote the use of historic sites, historic
districts, and archeological zones for the education,
pleasure, and welfare of the people of the City of
Miami.
(B) The purpose of this chapter is to:
(1) Provide the framework and legal mechanism for
identifying and designating those properties that have
major significance in the city's historic, cultural,
archeological, aesthetic, and architectural heritage;
(2) Assure that alterations and new construction
within designated historic sites, historic districts,
Asterisks indicate omitted and unchanged material.
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and archeological zones are
property's historic character.
Sec. 23.1-2. Definitions.
compatible with the
The following definitions shall apply only to this
Chapter:
Alteration. Any change affecting the exterior
appearance of a structure or its setting by additions,
reconstruction, remodeling, or maintenance involving
change in color, form, texture, signs, or materials, or
any such changes in appearance of designated interiors.
Applicant. The owner of record of a property and/or
structures located thereon, or his legal
representative.
Application, complete. An application for approval
sought pursuant to this Article shall be deemed
complete if it is on a form approved by the city, and
all applicable information is provided by the applicant
on the form, or attachment(s) as necessary, at the time
of its filing and it has been reviewed and signed by
the appropriate official and if all required fees are
paid. In the event a complete application has not been
heard by the appropriate board within 90 days of
filing, it shall be deemed withdrawn and a new
application must be filed.
Archeological conservation area. A geographically
defined area delineated in the Miami Comprehensive
Neighborhood Plan on the Future Land Use Plan Map
Series entitled "Historic District Boundaries and
Historically Significant Properties Meriting
Protection."
Archeological zone. A geographically defined area
which may reasonably be expected to yield information
on local history or prehistory based upon broad
prehistoric or historic settlement patterns.
Archeological site. A single specific location which
has yielded or is likely to yield information on local
history or prehistory. Archeological sites may be
found within archeological zones, historic sites, or
historic districts.
Certificate of appropriateness. A written document,
issued pursuant to this chapter, permitting specified
alterations, demolitions, or other work.
Contributing structure/landscape feature. A structure
or landscape feature which by location, design,
setting, materials, workmanship, feeling, and
association adds to the sense of time and place and
historical development of a historic site or historic
district.
Demolition. The complete destruction of a structure,
or any part thereof.
Designated property; designated historic site;
designated historic district; designated archeological
zone. A historic site, historic district, or
archeological zone designated pursuant to either this
chapter or article 16 of Ordinance 9500, the previous
Zoning Ordinance of the City of Miami, Florida, as
amended, and shown in the Historic and Environmental
Preservation Atlas.
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Ground disturbing activity. Any excavation, filling,
digging, removal of trees, or any other activity that
may alter or reveal an interred archeological site.
Historic district. A geographically defined area
possessing a significant concentration, linkage, or
continuity of sites or structures united historically
or aesthetically by plan or physical development.
Historic site. A geographically defined area
containing a structure or site, or a historically
related complex of structures or sites, which has a
special character or a special historic or aesthetic
interest or value as part of the heritage of the city.
Landscape feature. Vegetation, geological features,
ground elevation, bodies of water, or other natural or
environmental features.
Ordinary maintenance or repair. Any work, the purpose
and effect of which is to correct any deterioration or
decay of a structure or landscape feature, or any part
thereof, by restoring it, as nearly as may be
practicable, to its condition prior to such
deterioration or decay, using the same materials or
those materials available which are as close as
possible to the original.
Historic and Environmental Preservation Atlas. The
Official Historic and Environmental Preservation Atlas
of the City of Miami, Florida, which shows all
designated historic sites, historic districts, and
archeological zones.
Rehabilitation. The act or process of returning a
property to a state of utility through repair or
alteration which makes possible an efficient
contemporary use while preserving those portions or
features of the property which are significant to its
historical, architectural, and cultural values.
Relocation. Any change of the location of a structure
in its present setting or to another setting.
Restoration. The act or process of accurately
recovering the form and details of a property and its
setting as it appeared at a particular period of time
by means of the removal of later work or by the
replacement of missing earlier work.
Site. The location of a significant event, a
prehistoric or historic occupation or activity, or a
structure, whether standing, ruined, or vanished, where
the location itself possesses historic, cultural, or
archeological value regardless of the value of any
existing structure.
Structure. Anything constructed or erected, the use of
which requires a fixed location on the ground or
attachment to something having fixed location on the
ground.
Unreasonable or undue economic hardship. An onerous
and excessive financial burden that destroys reasonable
and beneficial use of property and that would amount to
the taking of property without just compensation, or
failure to achieve a reasonable economic return in the
case of income producing properties.
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Sec. 23.1-3. 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 Chapter.
Sec. 23.1-4. Designation of historic sites, historic
districts, and archeological zones.
(A) Criteria for designation. Properties may be
designated as historic sites, historic districts, or
archeological zones only if they have significance in
the historical, cultural, archeological, aesthetic, or
architectural heritage of the city, state, or nation;
possess integrity of design, setting, materials,
workmanship, feeling, and association; and meet one (1)
or more of the following criteria:
(1) Are associated in a significant way with the life
of a person important in the past; or
(2) Are the site of a historic event with significant
effect upon the community, city, state, or nation; or
(3) Exemplify the historical, cultural, political,
economic, or social trends of the community; or
(4) Portray the environment in an era of history
characterized by one (1) or more distinctive
architectural styles; or
(5) Embody those distinguishing characteristics of an
architectural style, or period, or method of
construction; or
(6) Are an outstanding work of a prominent designer or
builder; or
(7) Contain elements of design, detail, materials, or
craftsmanship of outstanding quality or which represent
a significant innovation or adaptation to the South
Florida environment; or
(8) Have yielded, or may be likely to yield,
information important in prehistory or history.
(B) Procedures for designation. Properties which meet
the criteria set forth in section 23.1-4(A) may be
designated as historic sites, historic districts, and
archeological zones according to the following
procedures:
(1) Proposals and preliminary evaluation. Proposals
for designation may be made to the board by any one (1)
of its members, the City Commission, the planning,
building and zoning department, any other city
department, agency, or board, the Metropolitan Dade
County Historic Preservation Board, or any interested
citizen. The board shall conduct a preliminary
evaluation of the data provided in the proposal for
conformance with criteria set forth in section 23.1-
4(A); and shall, if appropriate, direct the planning,
building and zoning department to prepare a designation
report. The board may require the party initiating
such proposal to provide any necessary documentation,
and to pay any applicable fees.
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(2) Preparation of designation report. For every
proposed historic site, historic district, and
archeological zone, the planning, building and zoning
department shall prepare a designation report
containing the following information:
(a) Designation report. The designation report shall
contain a statement of the historic, architectural,
and/or archeological significance of the proposed
historic site, historic district, or archeological
zone; the criteria upon which the designation is based;
a physical description of the property; an
identification of contributing structures and/or
landscape features; present trends and conditions; and
incentives to encourage preservation, rehabilitation,
or adaptive use.
(b) Boundaries. The designation report shall include
a map or maps indicating proposed boundaries.
Boundaries for historic sites shall generally include
the entire property or tract of land, unless such tract
is so large that portions thereof are visually and
functionally unrelated to any contributing structure or
landscape feature. Historic district boundaries shall
in general be drawn to include all contributing
structures reasonably contiguous within an area and may
include properties which individually do not contribute
to the historic character of the district, but which
require regulation in order to control potentially
adverse influences on the character and integrity of
the district. Archeological zone boundaries shall
generally conform to natural physiographic features
which were the focal points for prehistoric and
historic activities or may be drawn along property
lines, streets, or geographic features to facilitate
efficient management.
(c) Interiors. Interior spaces that have exceptional
architectural, artistic, or historic importance and
that are customarily open to the public may be subject
to regulation under this chapter. The designation
report shall describe precisely those features subject
to review and shall set forth standards and guidelines
for such regulations. Interior spaces not so described
shall not be subject to review under this chapter.
(3) Notice and Public hearing. The board shall
conduct a public hearing to determine whether the
proposed historic site, historic district, or
archeological zone meets the criteria set forth in
section 23.1-4(A) and shall approve, amend, or deny the
proposed designation. The board may rehear proposals
based upon policies set forth in its rules of
procedure.
All public hearings on designations conducted by
the board and hearings on administrative appeals of
board decisions regarding designations shall be noticed
as follows:
(i) the owner of property or his designated agent or
attorney, if any, which is the subject of such
designation shall be notified by mail at least thirty
(30) days prior to the board's meeting and fifteen (15)
prior to subsequent administrative appellate hearings.
The owner shall receive a copy of the Designation
Report unless there are more than twenty (20) owners,
in which case the notice shall state that a copy is
available and where it may be obtained.
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(ii) An advertisement shall be placed in a newspaper
of general circulation at least ten (10) days prior to
the hearing.
(iii) Signs shall be posted pursuant to section
62-55(2)(a), as amended, of the Code of the City of
Miami, Florida.
(iv) 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 (10) days in advance
of the hearing by mail to all owners of property within
three hundred seventy-five (375) feet of the property
lines of the land for which the hearing is required.
The applicant shall be charged the appropriate fee as
set forth in section 62-61 for the mailing. For the
purpose of this requirement, the names and addresses of
property owners shall be deemed those appearing on the
latest tax rolls of the city. 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 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 said notice; in the case of
condominiums, notice will be sent solely to the
condominium association. No action taken by the board,
or the city commission, as the case may be, shall be
voided by the failure of an individual property owner
or property owners to receive notice pursuant to this
subparagraph.
(4) Historic and Environmental Preservation Atlas.
Historic sites, historic districts, and archeological
zones designated pursuant to section (3) above shall be
shown in the Official Historic and Environmental
Preservation Atlas of the City of Miami, Florida.
(5) Appeals. The property owner, any one (1) member
of the City Commission, the planning, building and
zoning department, or any aggrieved party may appeal to
the City Commission any decision of the board on
matters relating to designations by filing within
fifteen (15) calendar days after the date of the
decision a written notice of appeal with the hearing
boards division of the planning, building and zoning
department, with a copy to the preservation officer.
Said 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
as set forth in section 62-62. The City Commission
shall hear and consider all facts material to the
appeal and render a decision promptly. 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 (3/5ths) 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 section 23.1-5 shall remain in effect
during the entire appeal process, unless stayed by a
Court of competent jurisdiction.
(6) Amendments. The board may amend any designation
by following the same procedures as set forth in this
section. The board may likewise rescind any
designation if the structure or feature of principal
historic significance has been demolished or destroyed.
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(C) Effect of designation. Upon designation,
thereafter, the provisions of section 23.1-5 shall
apply.
Sec. 23.1-5. Certificates of appropriateness.
(A) Certificates of appropriateness, when required. A
certificate of appropriateness shall be required for
any new construction, alteration, relocation, or
demolition within a designated historic site or
historic district. A certificate of appropriateness
shall be required for any ground disturbing activity
within a designated archeological site or archeological
zone or within an archeological conservation area. No
permits shall be issued by the planning, building and
zoning department for any work requiring a certificate
of appropriateness unless such work is in conformance
with said certificate.
(B) Procedures for issuing certificates of
appropriateness.
(1) Pre -application conference(s). Before submitting
an application for a certificate of appropriateness, an
applicant is encouraged to confer with the preservation
officer to obtain information and guidance before
entering into binding commitments or incurring
substantial expense in the preparation of plans,
surveys, and other data. At the request of the
applicant, the preservation officer, or any member of
the board, an additional pre -application conference
shall be held between the applicant and the board or
its designated representative. The purpose of such
conference shall be to further discuss and clarify
preservation objectives and design guidelines in cases
that may not conform to established objectives and
guidelines. In no case, however, shall any statement
or representation made prior to the official
application review be binding on the board, the City
Commission, or any city department.
(2) Application for certificate of appropriateness.
The applicant shall submit to the preservation officer
an application together with supporting exhibits and
other materials required by the rules of procedure of
the board. No application shall be deemed to be
complete until all supporting materials required have
been provided and any established fees paid.
(3) Standard certificates of appropriateness. Where
the action proposed in an application is a minor
improvement, as specified by the rules of procedure of
the board, and is in accord with the guidelines for
issuing certificates of appropriateness as set forth in
section 23.1-5(C), the preservation officer shall,
within ten (10) calendar days of receipt of the
complete application, issue a standard certificate of
appropriateness, with or without conditions, indicating
in writing conformity with said guidelines. Following
such approval, permits dependent upon it may be issued
if otherwise lawful.
(4) Special certificates of appropriateness. Where
the action proposed in an application involves a major
alteration, relocation, or demolition, as specified by
the rules of procedure of the board, or where the
preservation officer finds that the action proposed in
an application involving a minor alteration is not
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clearly in accord with the guidelines as set forth in
section 23.1-5(C), the application shall be classified
as a special certificate of appropriateness, and the
following procedures shall govern. The applicant may
also request that his application be classified as a
special certificate of appropriateness.
(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 with
notice of the application and the time and place of the
hearing as follows:
(i) The applicant shall be notified by mail at least
ten (10) calendar days prior to the hearing.
(ii) Any individual or organization requesting such
notification and paying any established fees therefor
shall be notified by mail at least ten (10) calendar
days prior to the hearing.
(iii) An advertisement shall be placed in a newspaper
at least ten (10) calendar days prior to the hearing.
(iv) Any additional notice deemed appropriate by the
board.
(b) Decision of the board. The decision of the board
shall be based upon the guidelines set forth in section
23.1-5(C), as well as the general purpose and intent of
this chapter and any specific design guidelines
officially adopted for the particular historic site,
historic district, or archeological zone. No decision
of the board shall result in an unreasonable or undue
economic hardship for the owner. The board may seek
technical advice from outside its members on any
application. The decision of the board shall include a
complete description of its findings, and shall direct
one (1) of the following actions:
(i) Issuance of a special certificate of
appropriateness for the work proposed by the applicant;
or
(ii) Issuance of a special certificate of
appropriateness with specified modifications and
conditions; or
(iii) Denial of a special certificate of
appropriateness, subject to the limitations in section
23.1-5(C)(2)(a); or
(iv) Issuance of a special certificate of
appropriateness with a deferred effective date up to
six (6) months in cases of demolition or relocation of
a contributing structure or landscape feature, pursuant
to the provisions of sections 23.1-5(C)(2), (3), and
(4), or up to forty-five (45) calendar days for any
work potentially affecting an archeological site,
archeological zone, or archeological conservation area,
pursuant to the provisions of sections 23.1-5(C)(5).
(c) Time limitations. If no action is taken upon an
application by the board within sixty (60) calendar
days, excluding those days within the month of August,
from the receipt of a complete application, such
application shall be deemed to have been approved; and
the preservation officer shall authorize issuance of
any permit dependent upon such certification, if
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otherwise lawful, recording as authorization the
J provisions of this section. This time limit may be
waived at any time by mutual consent of the applicant
and the board.
(d) Records. Written copies of all decisions and
certificates of appropriateness shall be filed with the
planning, building and zoning department.
(e) Appeals. The applicant, the planning, building
and zoning department, or an aggrieved
ma
appeal to the City Commission any de ision of pthe artboard
on matters relating to certificates of appropriateness
by filing within fifteen (15) calendar days after the
date of the decision a written notice of appeal with
the hearing boards division of the planning, building
and zoning department, with a copy to the preservation
officer. Said notice of appeal shall set forth
concisely the decision appealed from and the reasons or
I grounds for the appeal. Each appeal shall be
accompanied by a fee established by the City Commission
to cover the cost of publishing and mailing notices of
the hearing. The City Commission shall hear and
consider all facts material to the appeal and render a
decision promptly. 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.
(f) Changes in approved work. Any change in work
proposed subsequent to the issuance of a certificate of
appropriateness shall be reviewed by the preservation
officer. If the preservation officer finds that the
proposed change does not materially affect the
Property's historic character or that the proposed
change is in accord with approved guidelines,
standards, and certificates of appropriateness, the
officer may issue a supplementary standard certificate
of appropriateness for such change. If the proposed
change is not in accord with guidelines, standards, or
certificates of appropriateness previously approved by
the board, a new application for a special certificate
of appropriateness shall be required.
(g) Conditional uses and deviations. The board shall
issue special certificates of appropriateness for
conditional uses and deviations, pursuant to the
provisions of Article 7 of Ordinance 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended.
(5) Expiration of certificates of appropriateness.
Any certificate of appropriateness issued pursuant to
the provisions of this section shall expire twelve (12)
months from the date of issuance, unless the authorized
work is commenced within this time period.
(C) Guidelines for issuing certificates of
appropriateness.
(1) Alteration of existing structures, new
construction. Generally, for applications relating to
alterations or new construction as required in section
23.1-5(A), the proposed work shall not adversely affect
the historic, architectural, or aesthetic character of
the subject structure or the relationship and congruity
between the subject structure and its neighboring
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structures and surroundings, including but not limited
to form, spacing, height, yards, materials, color, or
rhythm and pattern of window and door openings in
building facades; nor shall the proposed work adversely
affect the special character or special historic,
architectural or aesthetic interest or value of the
overall historic site or historic district. Except
where special standards and guidelines have been
specified in the designation of a particular historic
site or historic district, or where the board has
subsequently adopted additional standards and
guidelines for a particular designated historic site or
historic district, decisions relating to alterations or
new construction shall be guided by the U. S. Secretary
of the Interior's "Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings."
(2) Demolition of existing structures.
(a) The board shall have authority to deny a
demolition permit only where such authority is provided
as a condition of granting a conditional use or
substantial deviation under the provisions of section
704.4.4 of Ordinance 11000, the Zoning Ordinance of the
City of Miami, Florida, as amended.
(b) Except as provided in (a) above, the
board may grant a certificate of appropriateness with a
delayed effective date up to six (6) months. The
effective date shall be determined by the board based
upon the relative significance of the structure, the
probable time to arrange an alternative to demolition,
and whether the applicant has made a clear
determination of unreasonable or undue economic
hardship.
(c) During the demolition delay period, the
board may take such steps as it deems necessary to
preserve the structure concerned, in accordance with.
the intent and purpose of this article. Such steps may
include, but shall not be limited to, consultation with
civic groups, public agencies, and interested citizens,
recommendations for acquisition of property by public
or private bodies or agencies, and exploration of the
possibility of relocating the subject structure.
(d) During the demolition delay period, the
owner shall permit access to the subject property for
the purpose of appraisals and inspections required by
the board. If the board finds that the owner has
refused a "bona fide" offer to purchase or otherwise
provide compensation for the subject structure or
property for fair market value by any public or private
person or agency which gives reasonable assurance of
its willingness to preserve such structure on its
original site or on a site approved by the board, it
may invalidate the certificate of appropriateness,
following a public hearing.
(e) The 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.
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(3) Relocation of existing structures.
Relocation of historic structures from their original
location shall be discouraged; however, the board may
grant a certificate of appropriateness if it finds that
no reasonable alternative is available for preserving
the structure on its original site and the proposed
relocation site is compatible with the historic and
architectural character of the structure. The board
may issue a certificate with a delayed effective date
up to six (6) months in order to explore alternatives
to relocating the structure in question.
(4) Removal of landscape features.
(a) No certificate of appropriateness shall
be granted for removal, relocation, concealment or
effective destruction by damage of any contributing
landscape features identified in the designation report
unless one (1) of the following conditions exists:
(i) The landscape feature is located in the buildable
area or yard area where a structure may be placed and
unreasonably restricts the permitted use of the
property; or
(ii) The landscape feature is inappropriate in a
historic context or otherwise detracts from the
character of the historic site or historic district; or
(iii) The landscape feature is diseased, injured, or in
danger of falling; unreasonably interferes with utility
service; creates unsafe vision clearance; or conflicts
with other applicable laws and regulations.
(b) As a condition of granting the
certificate of appropriateness, the applicant may be
required to relocate or replace identified landscape
features.
(5) Ground disturbing activity in archeological
zones, archeological sites, or archeological
conservation areas.
(a) No certificate of appropriateness shall
be issued for new construction, excavation, tree
removal, or any other ground disturbing activity until
the Dade County Archeologist has reviewed the
application and made. his recommendation concerning the
required scope of archeological work. The board may
require any or all of the following:
(i) Scientific excavation and evaluation of the site
at the applicant's expense by an archeologist approved
by the board.
(ii) An archeological survey at the applicant's
expense conducted by an archeologist approved by the
board containing an assessment of the significance of
the archeological site and an analysis of the impact of
the proposed activity on the archeological site.
(iii) Proposal for mitigation measures.
(iv) Protection or preservation of all or part of the
archeological site for green space, if the site is of
exceptional importance and such denial would not
unreasonably restrict the primary use of the property.
(b) The board may issue a certificate of
appropriateness with a delayed effective date up to
-12- 10875
forty-five (45) calendar days to allow any necessary
site excavation or assessment.
(c) The Dade County Archeologist shall
assist the board by providing review of any
professional archeological surveys and excavations
conducted pursuant to a certificate of appropriateness.
Sec. 23.1-6. Administration, enforcement, violations,
and penalties.
(A) Ordinary maintenance and repair. Nothing in this
chapter shall be construed to prevent or discourage the
ordinary maintenance or repair of any structure when
such maintenance or repair does not constitute an
alteration, or to prevent the ordinary maintenance of
I landscape features.
(B) Enforcement of maintenance and repair provisions.
When the board or preservation officer determines that
any designated property is endangered by lack of
maintenance and repair, or that any other property in
visual proximity to a designated property lacks
maintenance and repair to such an extent as to detract
from the character of the designated property, the
board or officer may request appropriate officials or
agencies of the city to require correction of such
deficiencies under authority of applicable laws and
regulations.
(C) unsafe structures. In the event the Building
Official of the City of Miami determines that any
designated property is unsafe pursuant to section 202
of the South Florida Building Code, he shall
immediately notify the board with copies of such
findings. Where reasonably feasible within applicable
laws and regulations, the Building Official shall
endeavor to have the structure repaired rather than
demolished and shall take into consideration any
comments and recommendations of the board. The board
may take appropriate actions to effect and accomplish
preservation of such structure, including, but not
limited to, negotiations with the owner and other
interested parties, provided that such actions do not
interfere with procedures in section 202 of said
building code.
(D) Emergency conditions. For the purpose of
remedying emergency conditions determined to be
imminently dangerous to life, health, or property,
nothing contained herein shall prevent any temporary
construction, reconstruction, demolition, or other
repairs to a designated property, pursuant to an order
of a government agency or a court of competent
jurisdiction, provided that only such work as is
reasonably necessary to correct the emergency condition
may be carried out. The owner of a structure damaged
by fire or natural calamity may stabilize the structure
immediately and rehabilitate it later under the
provisions of this Chapter.
(E) Enforcement. The Planning, Building and Zoning
department shall assist the board by making necessary
inspections in connection with the enforcement of this
Chapter. The Planning, Building and Zoning department
shall be responsible for promptly stopping any work
attempted to be done without or contrary to any
certificate of appropriateness required under this
chapter; and shall further be responsible for ensuring
that any work not in accordance with a certificate of
-13- 10875
appropriateness is voluntarily corrected to comply with
said certificate.
(F) Violations and penalties. Any person who carries
out or causes to be carried out any work in violation
of this Chapter shall be required to restore the
designated property either to its appearance prior to
the violation or in accordance with a certificate of
appropriateness approved by the board. The following
procedures shall govern.
(1) Referral to the Preservation Board. The Planning,
Building and Zoning department shall refer all
violations to the board, unless such violation is
voluntarily corrected to comply with a previously
issued certificate of appropriateness.
(2) Preservation Board public hearing. The board
shall conduct a public hearing with notice as set forth
in section 23.1-5(B)(4)(a).
(3) Decision of the Preservation Board. The board
shall make findings based upon the provisions of this
section and the guidelines set forth in section 23.1-
5(C) and shall take one (1) of the following actions:
(a) Reaffirmation of a previously issued certificate
of appropriateness; or
(b) Issuance of an amended special certificate of
appropriateness with specified modifications and
conditions; or
(c) Issuance of a new special certificate of
appropriateness with specified conditions.
The board may specify a reasonable limitation of
time within which the work authorized by the
certificate of appropriateness shall be commenced or
completed, or both. Appeals of any decision of the
board shall follow the same procedures as set forth in
section 23.1-5(B)(4)(e).
(4) Referral to the Code Enforcement Board. If the
work authorized by any certificate of appropriateness
issued pursuant to section (3) above is not commenced
and/or completed within the time specified, or if a
subsequent violation of a certificate of
appropriateness issued pursuant to this section is
found, the Planning, Building and Zoning department
shall initiate enforcement proceedings before the Code
Enforcement Board pursuant to the provisions of section
2-394 of the Miami City Code. This remedy shall be in
addition to and not in lieu of any criminal or civil
prosecution and penalty that may be provided.
(G) Conflicts. Where there are conflicts between the
requirements of this chapter and provisions of the
zoning ordinance or other codes covering the same
subject, the most restrictive requirements shall apply.
(H) Application equally to private parties and public
bodies. The provisions of this chapter shall apply
equally to plans, projects, or work executed or
assisted by any private party, governmental body or
agency, department, authority, or board of the city,
county, or state.
-14- 108 75
Section 2. The Code of the City of Miami, Florida is
I
further amended by repealing existing Article VIZ of Chapter 62
in its entirety, and substituting in lieu thereof, an entirely
new Article VII, to read as follows:
"CHAPTER 62
ZONING AND PLANNING
ARTICLE VII. HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD
Sec. 62-70. Establishment.
There is hereby established a board, to be known as the
City of Miami Historic and Environmental Preservation
Board, for the purpose of carrying out the provisions
of Chapters 17 and 23.1 of the Miami City Code and
Article 7 of Ordinance No. 11000, the Zoning Ordinance
of the City of Miami, Florida, as amended.
Sec. 62-71. Membership.
The Historic and Environmental Preservation Board
(hereinafter referred to as the "board") shall consist
of nine (9) members and one (1) alternate member, to be
appointed by the city commission. //
(1) Qualifications. It is intended that members and
alternate members of the board established by this
article be persons of knowledge, experience, mature
Judgement, and background, having ability and desire to
act in the public interest and representing, insofar as
may be possible, the various special professional
training, experience, and interests required to make
informed and equitable decisions
preservation and protection of concerning
hsical
environment. To that end, qualifications of pmembers
and alternate members shall be as follows:
(a) One (1) -member shall be an architect
registered in the state of Florida.
(b) One (1) member shall be a landscape architect
registered in the state of Florida.
(c) One (1) member shall be a historian or
architectural historian qualified by means of education
or experience and having demonstrated knowledge and
interest in Dade County history
history. or architectural
it is the intent of the City Commission that members of the
defunct Heritage Conservation Board, at the time of
establishment of the herein Historic and Environmental
Preservation Board, shall continue to serve on the new
board; that membership on the Historic and Environmental
Preservation Board shall be comprised of the unexpired terms
of existing Heritage Conservation Board members, and that
vacancies on the Historic and Environmental Preservation
Board occurring subsequent to the effective date of this new
Article shall be filled according to the procedures set
forth in this Article.
-15-
10875
(d) One (1) member shall be an architect or
architectural historian having demonstrated knowledge
and experience in architectural restoration and
historic preservation.
(e) One (1) member shall be an experienced real
estate broker licensed by the state of Florida.
(f) One (1) member shall be a person experienced
in the field of business and finance or law.
(g) Three (3) members shall be citizens with
demonstrated knowledge and interest in the historic and
architectural heritage of the city and/or conservation
of the natural environment, and may also qualify under
any of the above categories.
(h) One (1) alternate member shall qualify under
one of the above categories.
(2) Procedure for appointment. No appointment shall
be made by the city commission to membership on the
board until the city clerk shall have given notice of
the vacancy in a newspaper of general circulation in
the city at least thirty (30) days prior to the making
of an appointment, and the city commission shall have
solicited and encouraged public, professional, and
citizen organizations having interest in and knowledge
of the purpose and intent of the board to submit names
of persons and their qualifications as prospective
appointees to the board. At least five (5) days prior
to the making of any appointment, the City Clerk shall
publicly make announcement that the list of names
submitted, together with a short statement of the
qualifications of each person, is prepared and
available for public inspection and consideration.
In addition, the City Clerk shall, at least five
(5) days prior to the making of any appointment,
publicly make announcement that the names and
qualifications of prospective nominees submitted by
members of the city commission are available for public
inspection and consideration. No person shall be
appointed to membership or alternate membership on the
board whose name and qualifications have not been made
publicly available in the manner set out. In reaching
a decision on any appointment, the city commission
shall give due consideration to the qualifications thus
submitted.
(3) Terms of Office. Members and alternate members of
the board shall be appointed for three (3) year terms.
Members and alternate members may be reappointed to
consecutive terms, subject to the procedures set forth
in part (2) above.
(4) Vacancies. Vacancies in membership or alternate
membership of the board shall be filled by the city
commission in the manner set forth in part (2) above,
and shall be only for the unexpired term of the member
or alternate member affected.
(5) Removal. Members and alternate members of the
board may be removed for cause by vote of not less than
three (3) members of the city commission; however,
whenever a member or alternate member shall have within
a calendar year four (4) absences from regularly
scheduled meetings, the chairman shall certify same to
-16- 10875
the city commission. Upon such certification, the
member or alternate member shall be deemed to have been
removed, and the city commission shall fill the vacancy
pursuant to part (4) above.
Sec. 62-72. Functions, powers, and duties,
generally.
In addition to such other powers, duties, and authority
as may be set forth elsewhere in the Miami City Code
and in the Zoning Ordinance, the board is hereby
authorized to:
(1) Maintain and update files from the Dade County
Historic Survey within the city for the purpose of
identifying and preserving those properties and
neighborhoods of special historic, aesthetic,
architectural, archeological, cultural, social, or
political value or interest. It shall endeavor to
improve and expand the survey with additional sites,
documentary information, oral histories, and other such
materials as may become available; and to periodically
reevaluate the survey to determine whether changing
times and values warrant recognition of new or
different areas of significance.
(2) Serve as a quasi-judicial instrument to designate
historic sites, historic districts, and archeological
zones pursuant to Chapter 23.1 of the Miami City Code.
(3) Serve as a quasi-judicial instrument to approve or
deny certificates of appropriateness pursuant to
Chapter 23.1 of the Miami City Code and Article 7 of
the Zoning Ordinance.
(4) Serve as a quasi-judicial instrument to approve or
deny certificates of approval pursuant to Chapter 17 of
the Miami City Code.
(5) Recommend to the city commission, in reference to
specific properties or general programs, the use of
preservation incentives such as, but not limited to,
transfer of development rights, facade easements,
financial assistance, public acquisition, building code
amendments, and special zoning regulations.
(6) Maintain a record of unique environmentally
significant lands or sites within the city.
(7) Increase public awareness of the value of historic
and environmental preservation by developing and
participating in public information programs.
(8) Make recommendations to the city commission
concerning the utilization of grants from federal and
state agencies or private groups and individuals, and
utilization of city funds to promote the preservation
of environmentally, historically, and aesthetically
significant properties and neighborhoods.
(9) Promulgate standards for architectural review in
addition to those general standards contained in
Chapter 23.1 of the Miami City Code.
(10) Evaluate and comment upon decisions of other
public agencies affecting the physical development and
appearance of environmentally, historically, and
aesthetically significant properties and neighborhoods.
-17- 10875
(11) Contact public and private organizations and
individuals and endeavor to arrange intervening
agreements to ensure preservation of environmentally,
historically, or aesthetically significant properties
for which demolition is proposed.
(12) Promote and encourage communication and exchange
of ideas and information between the board and owners
of historically and environmentally significant
properties, potential developers, public officials,
financial institutions, etc.
(13) In the name of the city and with the consent of
the city commission, apply for, solicit, receive, or
expand any federal, state, or private grant, gift, or
bequest of any funding, property, or interest in
property in furtherance of the purposes of historic and
environmental preservation.
(14) Approve historic markers and issue recognition to
historic properties within the city.
(15) Adopt and amend rules of procedure.
(16) Advise the city commission on all matters related
to the use, administration, and maintenance of city -
owned historic properties and environmental
preservation districts.
(17) Any other function which may be designated by
resolution or motion of the city commission.
Sec. 62-73. Proceedings.
(1) officers. The board shall select a chairman and
vice-chairman from among its members to serve for a
one-year term and may create and fill such other
offices as it may deem necessary or desirable.
(2) Rules of procedure. The board shall establish
rules of procedure necessary to its governing and the
conduct of its affairs, in keeping with the applicable
provision of the city charter, ordinances, and
resolutions. Such rules of procedure shall be
available in written form to persons appearing before
the board and to the public upon request.
(3) Meetings. The board shall meet at least once per
month, except August, with all meetings open to the
public.
(4) Quorum; voting. Five (5) members shall constitute
a quorum. All decisions of the board shall require
concurring vote of a majority of the members present;
however, all actions on designations pursuant to
Chapter 23.1 of the Miami City Code and all actions on
certificates of appropriateness pursuant to Article 7
of the Zoning ordinance shall require a concurring vote
of at least five (5) members of the board, and tie
votes shall be construed as a denial.
(5) Status of alternate member. In the temporary
absence or disability of a member, or in an instance
where a member is otherwise disqualified to sit on a
particular matter, the chairman of the board, or the
vice-chairman in his absence, shall designate the
alternate member to sit as a board member to obtain a
full membership of nine (9), or, as nearly as possible,
a full membership. When so acting, the alternate
-18- 10875
member shall have full rights of participation and
voting as members, and his vote shall be deemed that of
a member in reaching a decision on a matter. In
instances where the alternate member is not sitting as
a member, he shall have the right to p
te in
board discussions and to ask questions,but chew shall
have no right to vote or make motions. alternate member has been duly designated toWsit as ha
member on a particular matter and consideration of that
matter has begun, the alternate shall continue to sit
as a board member through disposition of the matter,
and he shall not be replaced should the member in whose
stead he is sitting later be present.
(6) Disqualification of members or alternate member.
If any member of the board or the alternate member
called on to sit in a particular matter shall find that
his private or personal interests are involved in the
matter coming before the board, he shall, prior to the
opening of the discussion on the matter, disqualify
himself from all participation of whatsoever nature in
the cause; or he may be disqualified by the votes of
not less than a majority of total
mbershiof the
board, not including the member or m a ter ate member
about whom the question of disqualification has been
raised.
(7) Assignment of personnel. The city manager shall
assign adequate staff for the board to carry out its
responsibilities and duties, including but limited to
representatives from the departments of Planning,
Building and Zoning and Law. ,
(8) Public record. Minutes of each board meeting
shall be prepared by staff representatives assigned by
the city manager, under the supervision and direction
of the board. Copies of the minutes and all
certificates issued by the board shall be filed with
the Planning, Building and Zoning department.
Sec. 62-74. Compensation.
Members and alternate members of the board shall serve
without compensation, but shall be reimbursed for
expenses necessarily incurred in the performance of
their duties, subject to the prior approval of the
director of the Planning, Building and Zoning
department.
Sec. 62-75. Preservation officer.
The city manager shall appoint a person from the
r Planning, Building and Zoning department to serve as
Preservation Officer appointee to assist the board. The
shall be experienced and knowledgeable in
respect to architectural history,
history, landscape materials se urbane design, local
use control regulations. In addition to such dutiesland
as
may be set forth in Chapters 17 and 23.1 of the Miami
City Code and Article 7 of the Zoning Ordinance, the
preservation officer shall:
le
and ensureuthat p oper notices
ticeeis ocarr�• prepare agendas,
or departments assigned to such dutiesed out by persons
(2) Provide applicable advice, standards and procedures to , guidelines,
for
certificates of appropriateness in historictssites,
historic districts, and archeological zones and for
-19- 10875
certificates of approval in environmental preservation
districts.
(3) Upon receipt of a complete application for a
i certificate of appropriateness or certificate of
approval, review such application, which may include a
field check of the site and referral to other
departments or agencies as necessary, to determine any
adverse effect upon the public welfare; and approve or
deny standard certificates of appropriateness and
standard certificates of approval.
(4) Provide recommendations to the board on all
proposed designations, special certificates of
appropriateness, and special certificates of approval,
as well as any other item requested by the board.
(5) Prepare summary reports of all decisions on
special certificates of appropriateness and special
certificates of approval, including criteria and
conditions for approval or denial.
(6) Issue all approved certificates of appropriateness
and certificates of approval.
(7) Review and approve all final development plans for
historic sites, historic districts, archeological
zones, and environmental preservation districts for
compliance with terms and conditions of applicable
certificates of appropriateness or certificates of
approval, prior to issuance of any building permit.
(6) Maintain and update the Official Historic and
Environmental Preservation Atlas of the City of Miami,
Florida, delineating historic sites, historic
districts, archeological zones, and environmental
preservation districts.
(9) Work with other city departments, public agencies,
and private groups as required to provide a continuing
effort to protect and preserve significant elements of
the man-made and the natural environment through public
education and encouragement of sound preservation
policies."
Section 3. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby 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
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 25th day of
`i October , 1990.
a� a�
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of April , 1991.
XAVIER L. SUAR Z, MAPR
ATTEST vl
MATgY3 HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
L E. MAXWELL
C IEF ASSISTANT ITY ATTO NEY
APPROVED AS TO FORM AND
JEM/bf/bss/M666
-21-
10875
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
Sookie Williams, 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 MIAMI
Legal Notice
Re Ordinance No. 10875
In the . ...... X. X. x ........... Court,
was published In said newspaper In the Issues of
May 6 1991
Afllant further soya that the said Miami Review Is a
newepaper published at Miami In said Dade County, Florida,
and thhat 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 mail matter at the Post office in Miami In said
Dade Co Florida, for a period of one year next preceding
the fir pu Icatlon of the attached copy of advertisement- and
effien furth r says that she has neither paid nor promises any
pereo it or corporation any discount, rebate, commission
or re nd or the pu se of securing this advertisement for
pub11 t n In the a newspaper.
* o sepscribed before me this
* 91* *.
6t .. da of ... , y.*...... A.D. ta.......
. r
`**TE of ' .*
(SEAL) **..vw*"
"OFFICIAL NOTARY SEAL"
CHERYL H. MARMER
MY COMM. EXP. 4112192
["N"EC El\1ED
1r51 HAY 10 P,14 9. 32
h T,' V
CIT,t'
(SEE ATTACHED)
Page 1 of 2
MATTY HIRAI
City Clerk
s
��f�O..FIOQ\O
May 3, 1991
1
CESAR H. ODIO
City Manager
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10870 10875
Please acknowledge receipt of• same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY:
DEPUTY C
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(365) 579-6065
MATTY HIRAI
City Clerk
(4ftR of Mtaln't
I Op
e r
4�fCQ.FL�Q`O
May 3, 1991
Mr. Robert L. Laslie
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Mr. Laslie:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10870 10875
If I can be of any further assistance, please do not hesitate to
call.
Very truly urs,
VA& �-
Valerie Greenwood
Deputy City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065
MATTY HIRAI
City Clerk
t# �
o tax � �� �.ttt
�SY OFF
CESAR H. ODIO
City Mandger
o r
��f�QFL�Q\O
May 3, 1991
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10870 10875
Please acknowledge receipt of, same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY:
&""-"
DEPUTY CITY LER�
RECEIVED BY:
DATE:
w
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330706/Miami, Florida 33233-0708/(305) 579-6065
1 Ro SE to
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._-_._ Submitted- -into.. the. pudic-
recprd. in__co-unectioxl__With
item on �' ....�..�___._ _ .
Matty Hirai
Cily Clerk
PLANNING FACT SHEET
APPLICANT City of Miami planning Dapartment:
PETITION Consideration on Of recommendations amendments to the Miami City Code re�eted concerning
historic preservation b
23.1 "Historic Proservation; adding ronew Chapter
Intent and Purpose, Definitions, Providing for:
Board P Preservation
' reservation Otticer,
Historic Sites, Historic Designation of
Archeological tones Districts, and
Appropriateness, Certificates of
further dW Violation Administration,
further deleting Ch ter enalties; and
"Heritage Conservation article VII
in iieu thereof a new Article VII "Pubstituting
Board; " providing for: roservafilon
Nembership, Functions P Establishment,
Generally, Proceed Inis, Powers, and Duties;
Preservation Officer, ampensation, and
(This is a companion 'too to items 1 and 3.
REQUEST To Simplify�
Properties the designation of historic
y Code, r' naming thengoasrd d process to. the
the process, and revising the Board�sindutiers3
accordingly,
RECOMHENDATION
PLANNING DEPARTMENT
Approval.
HERITAGE CONSERVATION
BOARD
BACKGROUND Per Motion g . .
0 237, dated Narch 27, I990, the
City C�ission directed the administration to
initiate legislation transferring responsibility
for future designation of historic p ns ility
from the Zoning Ordinance to the City rproperties
thereby giving the Heritage ConservatioCode,
the authority to designate historic tic" Board
with appeal to the City Commission.
ANALYSIS
This amendment proposes to treats a new chapter
in the City Code "
Preservation" to entitled Historic
Conservation replace the former Heritage
Provisions in the Zoning Ordinance.
The provisions of the new
identical chapter are virtually to the -existing, except for the
following:
10875
A. The Preservation Board (not the City
Commission) would have the authority, to
designate historic properties, with appeal
to the City Commission.
b. Provisions for conditional uses and
deviations would be eliminated, although
they would be retained in the Zoning
Ordinance.
C. HC••1 and H-2 overlays would be eliminated.
Properties would now be categorized as
historic sites, historic districts, or
archeological zones.
The City Code chapter creating the Heritage
Conservation Board would be amended as follfts:
a. 'rho now would be changed to "Preservation ,
Board• because the Bard administers both
the Historic Preservation and Environmental
Preservation Ordinances.
b. An alternate member would be added to give
each commissioner two appointments.
c• The Board's new responsibilities for
designation would be enumerated.
HERITAGE CONSERVATION BD At its meeting of June 19, 199091
the
Heritage Conservation Board adopted
Resolution HCB 90-199 by a 7-0 vote,
reoo®ending approval of the above with
the recommendation that the name of the
Board be changed from Preservation Board
to Historic and Environmental Preservation
Board.
PLANNING ADVISORX BOARD At its meeting of June 20, 1990t the
Planning Advisory Board adopted Resolution
PAB 47-9o, by a 5-0 vote, reoommending
approval of the above, including the
reoommendation of the Heritage
CITY COMMISSIONConservation Board.
At its meeting of July 26, 19909 the City
Commission continued the above.
At its meeting of September 27, 1990, the City
Commission continued the above.
At its meeting of October 25, 1990, the City
Commission passed the above on First Reading.
At its meeting bf Nowomber 8, 1990, the
City Commission continued the above.
At its meeting of Decetaber 6, 1990, the
City Commission continued the above.
At its meeting of January 24, 1991, the
City Commission continued the above.
At its meeting of ,February 28, 1991, the
City Commission continued the above.
At its meeting of March 28, 1991, the City
Commission deferred the above.
10875