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J-83-187
ORDINANCE; NO. 9 6 0 8
Al*,i ORDINANCE AMENDING ORDINANCE NO. 9500
(UPON BECOMING F,FFHC'TIVE) , THE ZONING
0RDINANCE OF THE; CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE; 16 OF SAIL) ORDINANCE;
EN,cITLED "HC: HERITAGE CONSERVATION
DISTRICTS;" MORE PARTICULARLY 13Y ADDING A NEW
"SECTION 1612. ITC-3: RESIDENTIAL - OFFICE
HERITAGE CONS; RVA`I'ION OVERLAY DISTRICT;"
PROVIDING FOR IIN'TENT, FFFEC`I', USE, REGULA-
TIONS, LIMITATIONS ON USES,, AREA, YARDS,
HEIGHT, LOT COVERAGE, FLOOR AREA RATIO,
LANDSCAPING;, PARKING, AND CERTIFICATES OF'
APPROPRIATENESS; AND BY MAKING ALL THE.
NECESSARY CHANGES IN THE ZONING ATLAS MADE A
PART OF SAID ORDINANCE NO. 9500, BY RFFERPNCE
AND DESCRIPTION IN ARTICLE; 3, SECTION 300,
THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS 'THEREOF IN CONFLICT AND
CONTAINING A SEVERARILI'TY CLAUSE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of Vlar_ch 2, 1983, IteT 1, following an advertised hearing,
adopted Resolution No. PAB 23-83 by a 5 to 0 vote, RECOMMENDING
APPROVAL of an amendment to Ordinance No. 9500; 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 grant
this amendment, as hereinafter set fortis;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Ordinance No. 9500, adopted September 23,
1982, as amended, the Zoning Ordinance of the City of Miami,
Florida, is hereby amended by amending Article 16 of said
Ordinance entitled "HC: PERIT'AGE CONSERVATION DISTRICTS"; more
particularly by adding a new "SECTION 1612. HC-3: RESIDENTIAL
OFFICE HERITAGE CONSERVATION OVERLAY DISTP.ICT," to read as
follows:l
ARTICLE 16. HC: HERITAGE CONSERVA`.PION DISTRICTS
1 words and/or_ figures stricken through shall be deleted. Under-
scored words and/.�r figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
SECTION 1611. HC-2: PESIDENTIAL - OFFICE HERITAGE
CONSERVATION OVERLAY DISTRICT
Note: Above information merely indicates location
of amendatory material:
"SECTION 1612. HC-3: RESIDENTIAL -OFFICE HERITAGE
CONSFRVATI;DN OVERLAY DISTRICT
1612.1 INTENT
This district is intended to carry aut the intent
and purposes of HERITAGE CONSF?RVATION ZONING DISTRICTS
as set Eorth in Section 1600, for qualiCied historic
sites. It is further intended to promote preservation
of such historically significant buildings and their
grounds by providing for: economically productive
adaptive use of historically significant buildings.
This district is further greater Elexibility to permit
site development in an orderly manner consistent with
the special significance and visual character of such
buildings and grounds; and safeguards against
unnecessary destruction of the special historic
significance and visual character of such buildings and
grounds.
1612.2 EFFECT OF HC-3 OVERLAY
The HC-3 Overlay district shall have the effect of
modifying requirements and procedures applying in
existing zoning districts indicated in the Official
Zoning Atlas, or zoning districts hereafter created and
remaining after the HC-3 overlay district is super-
imposed, to the extent provided herein. All zoning
requirements, regulations, and procedures not speci-
fically modified by the HC-3 overlay shall remain in
full force and effect.
1612.3 PERMISSIBLE PRINCIPAL USES AND STRUCTURES
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1612.3.1 nFRUS)`)I`3LHF GFNERMLLY, WITHOUT LIMITATION ON
LOCAT.10tJ WITHIN THF�OVEPLAY D1,3TRICT.�
Any use permitted within the underlying zoning
district shall be permissible generally, without
.specific limitation on location within the HC-3 overlay
district, subject to any s_ecial permits required by
the underlying district.
1612.3.2 PERMISSIBLE SUBJECT TO LIMITATION WI`CHIN THE
OVERLAY DISTRICT.
The following use:a, as pr_ inc.ip I uses, shall he
ermissil)le_only within existing structures which
contribute to the historic character of the site as
identified in the designation report; and shall not be
permissible in any case where the structare(s) of
principal historic significance within a historic sit( --
have been destroyed or damaged beyond repair for any
reason:
I1.Business and professional offices not selling
merchandise on the premises, and not
including hanks, savings and loans, and
similar financial institutions.
2. Retail sale of items related to local histor
and historic preservation, including, but not
limited to antiques, books, art, and handi-
crafts; provided that such use is clearly
incidental to all other principal uses on the
site and does not exceed 700 square feet in
floor area.
1612.4 REGULA`.PIONS CONCERNING MINIMUM LOT
REQUIREMENTS, FLOOR AREA LIMITATIONS, MINIMUM
OPEN SPACE, HEIGHT, 3UIhDING SPACING,
OFF-STREET PARKING, LANDSCAPING
1612.4.1 REGULATIONS CONCERNING HISTORIC STRUCTURES.
_ Any structure Of historic significance, as
identified in the designation report, shall be
permitted to be repaired, restored, structurally
altered, or changed to any use permitted within this
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C? V'1 �✓ V
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di.stri.ct; notwithstanding any conflicts with provisions
of the underlying zoning district pertaining to minimum
lot reaui.rements, Eloor_ area limitations, minimum open
space, height, building spacing, off-street narking, or
landscaping; subject to a Certificate of Appropriate-
ness as provided in Section 1612.5. New or existing
accessory structures, excluding new, buildings, shall
likewise be permitted where necessary to serve existing
historic structures.
1611.4.2 REGULATIONS CONCERNING ADDITIONS AND NEW
BUILDINGS.
Additions to existing buildings and erection of
new buildings shall he subject to all requirements of
the underlying zoning district.
1611.5 CERTIFICATES OF APPROPRIATENESS
All applicable actions within the EC-3 overlay
district shall be subject to the requirements, proce-
dures, and guidelines for Certificates of Appropriate-
ness, as set Forth in Section 1605. In addition to the
guidelines set forth in Section 1605.3, the following
standards shall be observed in issuing Certificates of
Appropriateness within this district:
1. The project shall not cause undue negative
impact on the surrounding area in terms of
compatibility with adjacent land uses,
vehicular ingress and egress, pedestrian
safety and convenience, parking, public
utilities an;9 services, lighting, noise, or
other potentially adverse impacts on adjacent
residential areas:
2. Not less than two-thirds (2/3) of the number
of parking spaces that would ordinarily be
required for a new structure of equivalent
use and floor area shall be provided for
existing structures either on -site or at a
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remote location within 600 feet of_ the
subject site;
!. The Vocation and arrangement of parking and
access drives shall he compatible with
special historic integrity ___and visual
character Of the structure(s); and the
spacing and dimensions of such parking and
access drives shall provide at least minimum
safety standards for coripact automobiles
Parking and service areas shall he adequately
screened from view of adjacent properties.
�. All signs, lighting fixtures, landscaping and
other appurtenant elements shall be suitable
for the historic character of the site and
5.
Section 2.
compatible with the surrounding area; and
All nlans shall be in accord with the intent
and purpose of this district and to the
benefit of the general public."
The Zoning Atlas made a part of said
Ordinance No. 9500, by reference and description in Article 3,
Section 300, thereof, is hereby amended to reflect any changes
made necessary by the amendments.
Section 3. That all ordinances, code sections or parts
thereof in conflict herewith are hereby repealed insofar as they
are in conflict.
Section 4. Should any part or provision of this ordi-
nance be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the ordinance
as a whole.
PASSED ON FIRST READING BY TITLE, ONLY this 24t11 day of
March , 1983.
PASSED AND ADOPTED ON SECOND AND FINAL READIN(y BY TITLE ONLY
this 28th day of April , 1983.
Maurice A. Ferre
-IAIJRICE A. FERRE, Mayor
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ATWS,p:
f I'
City Clerk
PREPARED AND APPROVI;',D BY:
Assistant City Attorney
APPROVED AS TO FORM AND (-ORPFC,'PNF,,qS:
)OSE R. (GARCIA-PED OSA
� tort
City Attorney
wpc/pb/079/(1)
Ont,ic. Clerk- of the ciry of Nfiarfli, I topl,kl.
D. 19�•? I W ; . ;tnd
and
Of 01C D,;W ( OU10% COUrt A lh�:
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9608
41
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C17Y OF !!1AM1. F:-�-_MD \
Howard V. Gary
City Manager
--40'ure io E. Perez- Lugo
nes
Director
Planning and Zoning Boards
Admi ni strati on- Depar•ment--_-
March 4, 198 "t
ORDINANCE AMENDMENT - RECO;IMENDED
SECTION 1612
HC-3: RESIDENTIAL OFFICE HERITAGE
CONSERVATION OVERLAY DISTRICT
ADDITION TO ORD. 9500
COMMISSION AGENDA - MARCH 24, 1983
PLANNING AND ZONING ITEMS
"It is recommended that an Addition
of a new Section 1612, HC-3—Residential
Office Heritage Conservation Overlay
District to the Comprehensive Zoning
Ordinance 9500 (effective May 15, 1983)
be approved."
The Planning Advisory Board, at its meeting of tlarch 2, 1983, Item 1, following
an advertised hearing, adopted Resolution PAB 23-83 recommending approval of the
above petition with a 5 to 0 vote which would amend the Zoning Text of Ordinance
9500 by adding a new Section 1612, HC-3: Residential Office Heritage Conservation
Over by District providing for intent, effect, use regulations, limitations on
uses, area, yards, height, lot coverage, floor area ratio, landscaping, parking
and Certificates of Appropriateness.
Backup information is included for your review.
An ORDINAJCE to provide for this Ordinance Amendment has been prepared by the City
Attorney's Office and submitted for consideration'of the City Commission.
GF:111
cc: Law Department
110TE: Planning Department recommendation: APPROVAL
9608
OPD1.ltVNCE NO. 9500, ZONT G, ORDINANCE OF THE CITY OF MIt1MI, FLORIDA
PROPOSED SECTION 1.612. IiC-3: RESTDENTTAL-OFFICE HERITAGE CONSERVATION
UV'ERLAY DLS`1'RICT
SECTION 1612.1 INTENT
This district is intended to carry out the intent and purposes of
HERITAGE CONSERVATION ZONING DISTRICTS as set forth in Section 1600 _
for qualified historic sites. It is further intended to promote —
preservation of historically significant buildings and their grounds —
by providing for: economically productive adaptive uses of histori-
cally significant buildings; greater flexibility to permit site develop -
merit in an orderly manner consistent with the special historic signifi-
cance and visual character of such buildings and grounds; and safeguards
_ against unnecessary destruction of the special historic significance
and visual character of such buildings and grounds.
SECTION 1612.2 EFFECT OF HC-3 OVERLAY
The HC-3 overlay district shall have the effect of modifying require-
ments and procedures applying in existing zoning districts indicated
in the Official Zoning Atlas, or zoning districts hereafter created
and remaining after the HC-3 overlay district is superimposed, to the
extent provided herein. All zoning requirements, regulations, and
procedures not specifically modified by the HC-3 overlay shall remain
in full force and effect.
SECTION 1612.3 PERMISSIBLE PRINCIPAL USES AND STRUCTURES
1612.3.1 Permissible Generally, Without Limitation on Location
Within the Overlav District.
Any use permitted within the underlying zoning district
shall be permissible generally, without specific limitation on loca-
tion within the HC-3 overlay district, subject to any special permits
required by the underlying district.
1612.3.2 Permissible Subject to Limitation Within the Overla
District.
The following uses, as principal uses, shall be permissible
only within structures which contribute to the historic character of
the site as identified in the designation report; and shall not be
permissible in any case where the structure(s) of principal historic
significance within a historic site have been destroyed or damaged
beyond repair for any reason:
1. Business and professional offices not selling merchandise
on the premises, and not including banks, savings and
loans, and similar financial institutions.
2. Retail sale -of items related to local history and historic
preservation, including, but not limited to antiques, books,
art, and handicrafts; provided that such use is clearly
incidental to all other principal uses on the site and does
.not exceed 700 square feet in floor area.
SECTION 1612.4 REGULATIONS CONCERNING MINIMUM LOT REQUIREMENTS,
FLOOR AREA LIMITATIONS, MINIMUM OPEN SPACE, HEIGHT,
BUILDING SPACING, OFF STREET PARSING, LANDSCr%PING
1612.4.1 Regulations Concerning Historic Structures,
Any structure of historic significance, as identified in the
designation report, shall be permitted to be repaired, restored,
structurally altered, or changed to any use permitted in this district;
notwithstanding any conflicts with provisions of the underlying zoning
district pertaining to minimum lot requirements, floor area limitations,
minimum open space, height, building spacing, offstreet parking, or
landscaping; subject to a Certificate of Appropriateness as provided
in Section 1612.5. New or existing accessory structures, excluding
new buildings, shall likewise be permitted where necessary to
serve such existing historic structures. - 1 0608
IG12.4.2 Re�iulations Concernina Additions and New Buildincis.
Additions to existing buildings and erection of new buildings
shall be subject to all requirements of the underlying zoning district.
SECTION 1612.5 CERTIFICATES Or APPROPRIATENESS
All applicable actions within the 11C-3 overlay district shall be
subject to the requirements, procedures, and guidelines for Certificates
of Appropriateness, as set forth in Section 1605. In addition to the
guidelines set forth in Section 1605.3, the following standards shall
be observed in issuing Certificates of Appropriateness within this
district:
1. The project shall not cause undue negative impacts on the
surrounding area in terms of compatibility with adjacent
land uses, vehicular ingress and egress, pedestrian safety
and convenience, parking, public utilities and services,
lighting, noise, or other potentially adverse impacts on
adjacent residential areas;
2. Not less than two-thirds (2/3) of the number of parking
spaces that would ordinarily be required for a new struc-
ture of equivalent use and floor area shall be provided
for existing structures either on -site or at a remote loca-
tion within 600 feet of the subject site;
3. The location and arrangement of parking and access drives
shall be compatible with special historic integrity and
visual character of the structure(s); and the spacing and
dimensions of such parking and access drives shall provide
at least minimum safety standards for compact automobiles;
4. Parking and service areas shall be adequately screened
from view of adjacent properties;
5. All signs, lighting fixtures, landscaping and other appurtenant
elements shall be suitable for the historic character of the
site and compatible with the surrounding area; and
6. All plans shall be inaccord with the intent and purpose of
this district and to the benefit of the general public.
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