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Item #08 - Discussion Item
G� i 1*(I' ` A1.1,':.._'�'�11 �n 111� ► � n .14 f414)(0F� C_�I�f'.1 �*'G�{r�1rdDUM r A Richard L. Fosmoen City Manager Jim Reid, Director Planning Department January 5, 1981 CILE Historic Preservation Planning Program Planning Department staff would like to hold a workshop with the City Commission at the earliest possible date concerning a pro- posed historic preservation program. Background This Department's work on historic preservation planning was initiated by recommendations in the :Miami Comprehensive Neighborhood Plan and City Commission notion 79-326, dated May 22, 1979. City Com- mission approval of this program is necessary at this time due to a number of factors including: a) expected adoption on February 3rd of a county -wide ordinance giving Metro Dade County jurisdic- tion over all development activity within historic properties unless municipalities adoptsimilar ordinances; b) completion of an historic sites survey by Dade County that identifies 2,000- 3000 properties of some known significance within the City of Miami; c) increased interest at the local and national level in recycling older buildings for economic revitalization and energy conservation; d) recent surges of redevelopment and change, haired with social pressures, that have contributed to a growing loss of community identity and pride. Objectives The multifaceted program is designed to stimulate awareness and pride in Miami's cultural and architectural heritage, and to promote private sector investment in restoration of historic structures. Program Elements Following are projects, incentives, and programs which the De- partment proposuu to undertake or to support through other ap- propriate agencies: 1) Financial incentives for preservation and restoration of historic properties federal income tax benefits local property tax relief' low interest CD loans for facade restoration 2) Technical assistance for restoration illustrated restoration guidelines and techniques �c�lv�"�. .�r'�i".Rf!�4tr>.'i:•rs:. ;,�.�: ,<mw.,,�..-.�.., �. ,�. .,:.,.�..r�.:m,.�,.v�, ...::.,,.,_+...:�.��.. K,:,:�.,. .,,.�u�av:�,vr�t-ae,Nst��R.n Richard L. Fosmoen Page 2 January 5, 1981 sources of materials and craftsmen salvage and reuse of building parts architectural review amendments to S. Florida Building Code 3) Public awareness and education publication of books, posters, and pamphlets (pending National Endowment for the Arts grant) media coverage of activities Public schools program workshops for local property owners, business and political leaders. 4) Evaluation of Dade County Historic Survey computerization of data on 2,000-3,000 recorded sites evaluate significance of each site; identify po- tential historic districts develop policies for treatment of each class of his- toric property 5) Neighborhood heritage conservation plans citizen meetings and workshops to identify sig- nificant elements of neighborhood heritage, define policies and set priorities for conservation incorporate heritage conservation plans into ITCNP 6) Zoning related activities establish heritage Conservation Board (abolishes and incorporates function of existing Environmental Preservation Review Board) establish Heritage Conservation (HC) zoning dis- tricts provide for conditional use permits Xor adaptive reuse projects in HC districts provide for special exceptions to setback, height, parking, etc. regulations in HC districts provide for floor area bonuses and transfer of development rights in HC districts. Heritage Conservation Ordinance Over 500 U.S. cities with active, effective historic preser- vation programs have a municipal ordinance which sets forth t.hroo basic actions: 1) a process for official designation (or recog- nition) of historic sites and districts, 2) establishes a spe- cial review board of representatives from various professions and interest groups suited to deal with histo M c preservation issues, and 3) establishes procedures, standards and guidelines for pub- lic review of proposed changes in historic properties. Staff has prepared such an ordinance in conjunction with zoning consultants, Fred Bair and Dr. Ernest Bartley, and the National Trust for 1istoric Preservation. Entitled Heritage Conservation t Richard L. Fosmoen Page 3 January 5, 1981 (HC) districts, the ordinance provides for zoning overlay dis- tricts on individual sites or larger areas of significance based upon cultural, social, political, architectural, or archeological history. Any alterations or- demolitions to structures within the overlay district would require approval by the Heritage Con- servation Board or its representative. (see draft ordinance, exhibit A). Rather than to create an additional new review board within the City of Miami, we propose to consolidate the functions of the existing Environmental Preservation Review Board into a single board concerned with conservation of the natural and the built environment. The new Heritage Conservation Board would be com- posed of eleven citizens representing environmental, historic preservation, and private development interests. (see draft or- dinance, exhibit B). An interim HC district ordinance has also been proposed to pro- tect major historic sites until such time as the Heritage Conser- vation Board is operational. (see draft ordinance, exhibit C). Required Actions City Commission approval, in principle, is requested for the en- tire program package. In addition, the Commission should be specifically prepared to: a) consider adoption of the proposed Heritage Conservation zoning district ordinance and to establish a Heritage Conservation Board to administer the ordinance (see exhibits A and B attached). b) consider adoption of the proposed - Interim Heri- tage Conservation District ordinance (see exhibits C and D attached). c) consider adoption of a resolution endorsing the proposed Metro Dade County histor- ic preservation ordinance prior to its scheduled second reading on February 3rd (see exhibit E attached). JR:JAM: mb '�N ..R`�Y.._,e::'.��a s,-.i-..., .y.n�w -, ...."-».. r,,:-, ..,. ... � x t�s!^.n!.<^^.� t_.R.�>,�yj.. Y,•!!'?'.`�'�6'�'�,�,��.� � � E xhlblt A ARTICLE 16: HERITAGE CONSERVATION DISTRICTS GENERAL PROVISIONS Section Title Page 1600 Intent Concerning Creation of HC Districts 1 1600.1 Effect of HC District Designation 2 - 1601 Reserved (Definitions) 1602 Heritage Conservation Board 3 1603 Designation of HC Districts 3 1603.1 Procedures 3 1603.1.1 Proposals and Preliminary Evaluation 3 1603.1.2 Public Bearing by Heritage Conserva- tion Board 3 1603.1.3 Planning Advisory Board Recommendations 4 1603.1.4 Decision of City Commission 5 1603.1.5 Moratorium 5 1603.2 Criteria for Selection of HC Districts 6 1603.3 Report, with Recommendations for Rezoning 8 1603.3.1 Proposed Boundaries for the District 8 1603.3.2 Recommendations Concerning Detailed Regulations g 1603.3.3 Recommendations Concerning Required On - Site Parking 10 1603.3.4 Recommendations Concerning Reduction of Existing Lot Size 10 — 1603.3.5 Recommendations Concerning Special Features of Vegetation, Geology, Archeology, etc. 11 - 1603.3.6 Recommendations Concerning Interiors 11 1604 Certificates of Appropriateness, Generally Required 12 1604.1 Classification of Certificates of Appro- priateness 13 160-1.1.1 General Certificates of Appropriateness 13 1604.1.2 Individual Certificates of Appropriate- ness 13 1604.2 Procedures for Issuance of Certificates of An »ronriateness 14 1604.2.1 Pre -Application Conferences 14 1604.2.2 Application for Certificate of Appro- priateness 15 ARTICLE 16. HE.RITAGE CONSERVATTON DISTRICTS GENERAL PROVISIONS SECTION 1600. INTENT CONCERNING CREATION OI:11C DISTRICTS Within zoning districts now existing or hereafter created, it is intended to permit creation of HC, Heritage Conservation, districts for individual properties or in areas having concentrations of properties which represent significant elements of the city's cul- tural, social, economic, political, archeological and architect- ural history. Regulations relating to Ii C districts are intended to: a) promote the eductional, cultural, economic, and general welfare of the public through the protection and enhancement of properties and areas which rep- resent significant elements of cultural, social, economic, political, archeological and architectural histor} of the citN, state, or nation; b) safe4,ua1-d the cultural, social., economic, political, archeological and architectural heritage of the city as embodied and reflected in such properties and areas; c) foster civic pride in the accomplishments of the past; d) preserve and enhance the aesthetic and environmental character, diversity, and interest of neighborhoods; e) stabilize and improve property values in neighborhoods and in the city as a whole; f) protect and enhance the city's attraction to residents, tourists, and visitors and sere"e as a support and stim- ulUS to business and industry. .y,;:... 11 .s Regulations relating to such districts are further intended to: a) prevent destruction of historic properties without due consideration for values represented therein or the possibility of preservation of the property for use in an economically productive way; b) assure that alterations in HC districts are compatible with the character of the district; c) assure that new structures, uses, or features, within HC districts or their visual environs,.will be compatible with the character of the district; d) promote the preservation of historic properties by pro- viding for such incentives as economically productive adaptive uses, transfer of development rights, floor area bonuses, and special regulations relating to parking, setbacks, and other elements of zoning authority. SECTION 1600.1 EFFECT OF HC DISTRICT DESIGNATION Such HC districts may: a) supplant zoning districts or portions of districts and the regulations applying therein at the time of creation of a particular IIC district; or b) have the effect of modifying requirements, regulations, and procedures applying in existing zoning districts or districts hereafter created, and remaining after HC districts are superimposed, to the extent indicated in i the particular HC amendment; and/or c) create such additional requirements, regulations and procedures as set forth in this Article. SECTION 1602 HERITAGE CONSERVATION BOARD The Heritage Conservation Board as established under Chapter 62 Article of the Miami City Code shall be responsible to effect the provisions of this Article. SECTION 1603 DESIGNATION OF HC DIS'rRICTS 1603.1 PROCEDURES The Heritage Conservation Board shall make recommendations to the City Commission concerning all properties and areas for designa- tion as HC zoning districts. 1603.1.1 Proposals and Preliminary Evaluation Proposals for designation of individual properties and districts may be made to the Board by any one of its members, the Planning Department, the Dade County Historic Preservation Board, or any interested citizen. The Board shall conduct a preliminary evalua- tion of available data for conformance with criteria set forth in Section 1603.2; and may if appropriate direct the Planning Department to -prepare a formal designation report pursuant. to Section 1603.3 of this Article. 1003.1.2 Public Hearing By Heritage Conservation Board Within forty-five (45) days from filing of the completed designa- tion report, the Board shall conduct a Public Hearing with notice - 3- ?';.'.� Z.'.T�: ➢ ., '� v _..,.�rLA4: .: �i;=C'N N.n4'li�F....1-r�i+.�9F3:tY.W3��14s3.+'e'R if.•ii.'Phi:-,.. .. I as set forth in Section 62-55 (a, b, c, and d) of the Miami City Code. If the Board finds that the proposed HC district meets the intent and criteria set forth in this Article, it shall transmit such recommendation to the City Commission along with the designa- tion report and any additions or modifications deemed appropriate. Tf the Board finds that the proposed HC district does not meet the intent and criteria in this Article, no further action shall be required. 1603.1.3 Planning :Advisory Board Recommendations Following a favorable recommendation by the Heritage Conservation Board, a proposed HC district shall also be reviewed by the Planning Advisory Board unless both of the following conditions are met: a) the proposed HC district regulations do not change any existing; zoning district regula- tions such as use, height, floor area ratio, setbacks, parking, etc.; and b) the HC district was proposed in a neighborhood community development or heritage conservation plan previously reviewed and approved by the Planning Advisory Board. If the above conditions are not met, the Planning Advisory Board shall hold a public hearing with notice pursuant to Section 62-5S (a, b, c, and d) of the Miami City Code, within thirty (30) days from issuance of a favorable recommendation by the Heritage Con- servation Board. Recommendations of the Planning Advisory Board shall be based upon impacts of the proposed HC district on the -4- 00 r` Miami Comprehensive Neighborhood Plan or other adopted planning and zoning policies, but should not involve an evaluation of the historical significance of the district. 1603.1,4 Decision of City Commission Within thirty (30) days following receipt of all applicable rec- ommendations from the Heritage Conservation Board and the Planning Advisory Board, the City Commission shall hold a Public Hearing, with notice pursuant to Section 62-55 (b, c, and d)of the Miami City Code, and render a decision regarding the proposed rezoning. Approved HC districts shall be adopted by ordinances which incorp- orate the provisions of the designation reports. 1603.1.5 Moratorium Upon filing of a formal designation report with the Board as pro- vided in Section 1603.1.1 and 1603,1,2, no permits shall be issued by the Building Department for any new construction, exterior renovation, moving, or demolition on the real property which is the subject matter of the designation report, until such time as final action is taken by the City Commission regarding the proposed HC rezoning. 1 As an alternative to the previous Sections 1603.1.3 and 1003.1.4 the following may be recommended: ' 1603.1.3 HC Rezoning Following a favorable recommendation by. the Heritage Conservation Board, actions and procedures shall he as for amendments to the 1 LZoni cial zoning atlas provided in Article 35 of the Comprehensive ng Ordinance. -5- "M a b. gy'.�, 1603.2 CRITERIA FOR SELECTION OF HC DISTRICTS All individual properties or areas eligible for designation as HC districts must contain a quality of significance in local, state or national history, architecture, archelology of culture and possess integrity of location, design, setting, materials, workmanship, feeling and association, and: a) associated with events that have made significant contribution to the broad patterns of our history; or b) associated with the lives of persons significant in our past; or c) embody the distinctive characteristics of a type, period, or method of construction, represent the work of a master, or possess high artistic values, or represent a significant and distinguishable entity whose components may lack individual dist- inction; or d) have yielded, or may be likely to yield, information important in prehistory or history. Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the Natioiial Regi's.ter. However, -6- such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: a) a religious property deriving primary significance from architectural or artistic distinction or historical importance; or b) a building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or c) a birthplace or grave of a historical figure of outstanding importance if there is no other appro- priate site or building directly associated with his productive life; or d) a cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or e) a reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration masterplan, an.'when no other building or structure with the same association has survived; or -7- � E^ f) a property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical sig- nificance; or g) a property achieving significance within the past SO years if it is of exceptional importance. 1603.3 Report, With Recommendations For Rezoning A report submitted with the recommendation shall establish and define the historic and aesthetic character of the district and describe structures and features of substantial public signifi- cance, present trends and conditions, and desirable public ob- jectives for future conservation, development,and/or redevelop- ment. Such report shall identify the proposed zoning by the HC prefix and a numer identifying the particular district, as for example, HC-1, together with whatever other identification appears appropriate, and shall contain information and proposals as indi- cated below concerning the areas, structures, landscape features, and/or archeological sites proposed for such regulation. 1603.3.1 Proposed Boundaries For The District The recommendation shall include a map or maps indicating the precise boundaries of the proposed HC district and any sub -areas established within the district for purposes of IIC regulations. Proposed bundaries may include properties which individually have no known historic, cultural, social, or architectural significance, we 0 U i but which are visually related to significant properties in 13 such a way as to require regulation in order to control poten- tially adverse environmental influences on the character and integrity of significant properties. Where reasonably feasible in relation to the purposes of H C zoning, general boundaries shall include frontage on both sides of streets, divide the proposed district from other districts at rear lot lines, side street lines, or at other points where divisions will create minimum inter -district frictions. 1603.2.2 Recommendations Concerning Detailed Regulations The report shall include proposed detailed regulations to be applied within the district. Such regulations may be designed to supplant or modify any element of existing zoning regulations within the district, including but not limited to use, floor area ratio, density, licigllt, setbacks, site plan approval, etc., or create any additional regulations provided for in this Article. Where elements of the existing zoning; district are subs•taiitially modified and where the individual or cumulative impact of such changes on the surround- ing area cannot be accurately predicted, the report may recommend that Class C or Class 1) Special Permits be required as provided in Article 23 of this Ordinance. The report may identify individual structures, landscape features, or archeological sites or categories of structures, landscape U r features, or archeological sites for which different regula- tions, standards, and procedures may he recommended. Such regulations may require, for a particular district or its sub -areas, certificates of appropriatene:,s in a(lciitinn to tho::�(-- requi I-Lld gene r:i l lv in Section 10() 1J oc--i menul:i n I,OnCCrnin Reniil r c cillil- i ' c P,irkin� rt'iIUlit'li OIl-5itt' 7'irkin- 1r�c-tl'_,31�1e nr 1.-ni17'l ha1"C ativ erne E cc-1-s On the apr)erarrincco prn1lert;: r1r the (Ii s'% r l c* , ��r trVt�illU .:1 .11♦l.' 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C 1 , )r i il., (ic'1'c.' i; ..11 > l Il l _ ltir;•,1 �:i ? :it the .1�1(;1, ._r .n wi(t:., ie t"k, A2'.:1 Xl';"lt 1' i..'nI•� r 1.: :1t: .. _ '1r .... n,2 1603.3.S Recommendations Concerning Special Features of Vegetation, Geology, !Archeology, Etc As appropriate to the circumstances of the case, the report shall identify and locate special features of vegetation or geology, or areas of archeological significance within the district, as necessary to guide regulatory treatment for conservation, and in the case of vegetation, to promote further plantings of the same or complementary nature in order to enhance the character of the district. 1603.3.6 Recommendations Concerninz Interiors Normally, interior spaces shall not be subject to design regula- tion under this :'Article; however, in cases of existing structures having exceptional architectural, artistic, or historical import- ance, interior spaces which are customarily open to the public may be specially designated. The report shall describe precisely those features subject to reviei.; and shall set forth standards and guidelines for such regulation. - 1 1 - r SECTION 1604. CERTIFICATES OF APPROPRIATENESS, GENERALLY REQUIRED No person shall carry out or cause to be carried out any of the following actions within an HC district without first obtaining a Certificate of Appropriateness (and any other special permits and approvals required in particular HC districts.): a) Changes in exterior appearance of an existing structure by additions, reconstruction, alteration, remodeling, or maintenance involving change in color, form, texture, or materials, or changes in appearance of specially designated interiors; or b) Erection of new structures; or c) Demolition or moving, in whole or in part, of existing structures; or d) Removal, relocation, concealment, or effective destruc- tion by damage of any significant vegetation, geological, or archeological features so designated in the particular HC district; or e) Provision of off-street parking for three or more vehicles visible from public ways; or f) Subdivision of existing property ownerships. No permits shall be issued by the zoning administrator or his authorized agents for any work requiring a Certificate of Approp- riateness unless such work is in conformance with an approved Certificate. -12- The Board shall have the authority to issue Certificate of Appropriateness for all property in HC districts, however owned by either private or public parties. The purposes of this ordinance shall apply equally to plans, projects or work executed or assisted by any private party, govern- mental body or agency, department, authority or board of the city, county, or state. 1604.1 Classification of Certificates of Appropriateness Certificates of Appropriateness shall be divided into two classifications, general and individual, defined as follows: 160-1.1.1 General Certificates of Appropriateness Defined General Certificates of Appropriateness are those based on such specific guides and standards as may be officially adopted b,• the heritage Conservation Board and for which issuance of nec- essary permits has been authorized by the Board if otherwise lawful, upon findings by the Administrative Assistant that proposed actions are in accord with such official guides and standards. 1604 1 ? Individual Certificates of Appropriateness Defined_ - Individual Certificates of Appropriateness are those involvin!; situations where no specific rules or standards coverin; the case have been evolved and officially adopted by the heritage Conserva- tion Board and/or where the scope or complexity of a particular - 13- b situation requires detailed determination by the Board, and issuance of a special Certificate. 1604.2 PROCEDURE'S FOR ISSUANCE OF CERTIFICATES OF APPROPRIATENESS 1604.2.1 Pre-Annlication Conferences Before applications for Certificates of Appropriateness or building or other permits requiring such Certificates may be accepted, the prospective applicant shall confer with the Administrative assistant to the Heritage Conservation Board concerning the nature of the proposed action and requirements related to it. The Administrative Assistant shall inform the applicant as to officially adopted guides and standards of the Board bearing on the proposal, and advise him as to whether com- pliance with such guides and standards would authori--e the action proposed under a general Certificate of Appropriateness or whether an individual Certificate would be required. He shall further advise the applicant whether any Class C or Class D Special Per- mits would be required from the Planning Director or Z'oning Board regarding; modifications from the underlying zoning district. The Administrative Assistant shall further advise the prospective applicant of the nature and details of plans, designs, photographs, reports, or other exhibits required for determinations in the class of case involved, and to be submitted with the application. Where such advice involves prospective applications for individual Certi- ficates of :appropriateness, it slia11 not preclude the Board from -14- requiring additional material prior to making its determina- tions in the case. At the request of the applicant, the Administrative Assistant, or any member of the Board, an additional pre -application con- ference shall be held between the applicant and the Board or its designated representative. The purpose of such conference is to further discuss and clarify conservation objectives and design guidelines in cases that do not conform to established obi.ectives-an d-.des-ign• wide inns—{r� c-asas—t}rat—cle-Bret--Ec�il-f-e � t-o--eat-abl i objectives and guidelines. It is the intention of this Article that pre -application con- ferences be held as early as possible in the planning and design process to avoid expenditure of unnecessary time and effort on plans not in conformance with standards for the 11C district. Applications for Certificates of ]Appropriateness should be Sub- mitted zinc] acted upon prior to completion of working drawings. 1h0,1. 2. 2 Appl i cat] on For Certificate of :AhJ)ronriateness Following the pre -application conference or conferences indicated above, the applicant, if he desires to proceed, shall submit to the Administrative Assistant an application, indicating the type Of certificate sou.911t, together with supporting exhibits and other materials required in the case. No application shall be -15- deemed to be filed until all supporting materials required have been provided, and any established fees paid. 1604.2.3 Disposition of Applications For General Certificates Of Appropriateness Where the action proposed in an application for a general certi- ficate is clearly in accord with guides and standards officially, adopted by the Board, the Administrative Assistant shall, within five (5) working days of receipt of the completed application, issue a general Certificate of Appropriateness, indicating in writing, conformity with specified guides and standards. Follow- ing such certification, permits dependent upon it may be issued if otherwise lawful. Where the Administrative Assistant finds that the action proposed in an application for a general Certificate of Appropriateness is not clearly in accord with guides and standards officially adopted by the Board, the Administrative Assistant shall, within five (5) working days of receipt of the completed application, deny certifi- cation with written reasons therefore, and further permits dependent upon such certification shall be withheld. If a general Certificate of Appropriateness is denied by the Admin- istrative Assistant, the applicant may further apply for an individ- ual Certificate without prejudice, following procedures and require- ment set forth regarding such Certificates. -1G- 1604.2.4 Scheduling Of Applications For Individual Certificates Of Appropriateness For Heritage Conservation Board Meetings When an application for an individual Certificate of Appropriate- ness is received in due form, with all required supporting materials, the Administrative Assistant shall place the application on the agenda of the next regularly scheduled meeting of the Heritage Conservation Board to be held no less than ten (10) days or no more than forty-five (4S) days from the receipt of the completed application, except where the applicant has agreed in writing to a longer period of time. 1604.2.5 Meeting Notice And Public Hearings In all cases, written notice of the time and place of the meeting at which the application for the individual Certificate of Appro- priateness is to be considered shall. be sent to the applicant at least ten (10) days in advance of such meeting. Written notice with similar timing shall also be sent to such other parties as are required by the rules of the Heritage Conservation Board, and shall include a description of the matter to be considered. Such notice shall also be sent to all persons or organizations filing written requests for such notices, generally or in speci- fied classes of cases, and paying any fees established therefore. In any case, public hearings may he held, with such additional notice as is deemed appropriate by the Board, but formal public hearings, with notice as described in Section 62-SS of the Miami -1;- LI City Code shall not be required except as specified in regula- tions for individual HC districts. Generally, individual HC district regulations shall require public hearings on applica- tions for demolition or moving of all significant structures or features. 1604.2.6 Decision Of The Heritage Conservation Board The hearing shall be held at the time and place indicated in the notice. The decision of the Board shall be based upon the guide- lines set forth in Section 1604.3, as well as the general purpose and intent of this Article and any specific planing objectives and design guidelines officially adopted for the particular HC district. The Board may seek technical advice on any application from the Planning Department or any outside consultant. The decision of the Board shall include a complete description of the reasons for such findings, and shall direct one or more of the following actions: a) issuance of an individual Certificate of Appropriateness pertaining to plans and designs as submitted by the applicant; or b) issuance of an individual Certificate of Appropriateness with specified modifications and conditions agreed to by the applicant; or c) denial of a Certificate of Appropriateness; or -13- d) issuance of an individual Certificate of Appropriate- ness with a deferred effective date in cases of demolition or moving of a significant structure or feature or any work potentially affecting an archeo- logical site, pursuant to the provisions of Section 1604.3.2, 1604.3.3 and 1604.3.7. The decision of the Board shall be made available to the applicant within forty-five (45) days of the receipt of the application in due form, except where the applicant and the Board, or their authorized agents, agree in writing to a longer period. Such agreement may be made at any time within the forty-five (4S) day period indicated, and may subsequently be similarly extended. Any authorized Certificate of Appropriateness, shall be issued by the Administrative Assistant within three (3) days. Any subsequent changes in the proposed work contrary to an approved Certificate of Appropriateness shall require a now application and Certificate pursuant to Sections 1604.2.2 through 160.1.-2.6. Failure of the Board to act within time limits established shall be deemed approval of the Certificate, and upon request of the ippli-- cant, the Administrative Assistant, shall issue or authorize issu- ance of any permit dependent upon such certii'ication, if otherwise lawru1, recording as authorization the provisions of this Section. Copies of all decisions and Certificates of Appropriateness shall be filed i.rith the City Clerk, the Buildiiig Department and the Board. - 19- 1604.2.E Appeals Any citizen may appeal any decision of the Heritage Conservation Board as it relates to this Article to the City Commission by filing within fifteen (15) days after the date of the decision, a written notice of appeal with the City Manager, with a copy to the City Clark, which shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee of twenty-five dollars to cover cost of publishing and mailing notices of 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 Boards decision. The decision of the City Commission shall constitute final administrative re- view, and no petition for rehearing or reconsideration shall be considered. 1604.3 Guidelines For Issuance of Certifications of Appropriateness No Certificate of .'appropriateness shall tie issued unless the Board finds that such issuance is in the public interest as set forth in the purposes and intent of this Article, Section 1600; or that failure to issue such Certificate would result in an unreasonable economic hardship for the owner. Anv application supported by a claim of unreasonable economic hardship, must contail all finan- cial information deemed necessary by the Board to substantiate such claim. eems�.. ..,......�....,..,_ _.... CA In addition, in making determinations concering general or individual Certificates of Appropriateness, the Board shall be guided by the objectives and regulations specified in the ordinance creating the particular IIC district; by any specific guides and standards subsequently adopted by the Board; and by general guides and standards as described in this Section. 1604.3.1 Alteration of Existing Structures, New Construction Generally, for applications relating to property in HC districts, the proposed work shall not adversely affect the exterior archi- tectural features of the subject property or the relationship and congruity between the subject structure or feature and its neigh- boring structures and surroundings, including form, spacing, height, setbacks, 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. historical, architectural or aesthetic interest or value of the district. Except where special standards and guidelines have been specified in the ordinance creating a particular IIC District, or where the Board has subsequently adopted additional standards and guidelines for a particular IiC district, decisions relating to alteration or new construction shall be guided by the US Department of housing and Urban Development's Guidelines for Rehabilitating Old Buildings. 1604.3.2 Demolition Of Existing Structures The Board shall consider any or all of t}ie following criteria in determinint; whether to ,approve an application for demolition of -21- ,or 1 an existing structure: a) Is the structure of such interest or duality that it would reasonably meet national, state, or local criteria for designation of as an historic or architectural landmark? b) Is the structure of such design, craftsmanship, or material that it could be reproduced only with great difficulty andlor expense? c) Is the structure one of the last remaining examples of its 1:ind in the neighborhood, the City, or the region". d) Does the structure contribute significantly to the historic character of the HC district:' e) Would retention of the structure promote the general welfare of the City by providing an opportunity for study of local history, architecture, and design or by develop- ing an understanding of the importgLnce and value of a Particular culture and heritage? f) Are their definite plans for reuse of the property if the proposed demolition is carried out, and what will be the effect of those plans on the character of the surrounding area' As provided in Section 1604.2.6 (d), the Board may grant a Certificate of Appropriateness with a delayed effective date up to one year. The effective date shall be determined by the Board based upon the relative significance of the structure and the probable time required to arrange an alternative to demolition. During the demolition delay period, the owner shall make a good faith effort to sell or otherwise dispose of the subject struc- ture at or below fair market value to any public or private per- son or agency which gives reasonable assurance of its willingness to preserve and restore such structure on its original site or on a site approved by the Board. If the Board finds that such good faith effort has not been made by the owner, it may invalidate (revoke) the Certificate of Appropriateness, following a public hearing. During the demolition delay period, the Board may take such steps as it dcer7s necessary to preserve the structure concerned, in accord- ance with the purposes 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 moving one or more structures or other features. In connection i,rith any Certificate of Appropriateness, general or individual, for demolition of structures in an }{C district, the Board may require at the owner's expense, Salvage and preservation -23- :Fr t for re -use in restoration, in the district or in other appro- priate locations, of specified classes of building materials, architectural details and ornaments, fixtures, and the like. 1604.3.3 Moving Of Existing Structures Generally, moving Of significant 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 building on its ori- ginal site and that the proposed relocation site is compatible with the historic and architectural integrity of the structure. As provided in Section 1604.2.6 (d), the Board may issue a Certi- ficate with a delayed effective date, in order to explore alterna- tives to moving the structure in question. 1604.3.4 Removal Or Destruction Of Designated Vegetation Or Geological No Certificate of Appropriateness for removal or destruction of desig- nated vegetation or geologic features shall'be granted unless one of the following conditions exists: a) The designated vegetation or geologic 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 b) the designated vegetation is inappropriate in a historical context or otherwise detracts from the character of. an HC district; or -24- AV . c) the designated vegetation is diseased, injured, or in danger of failing, unreasonably interferes with utility service, creates unsafe vision clear- ance or conflicts with other provisions of this Code or other ordinances or regulations. a As a condition contained in the Certificate of Appropriateness, the applicant shall be required, where practical, to relocate, remove or replace designated vegetation on the site as follows: a) A1.1 designated vegetation which is to be removed maN, be relocated on the site within the building area or the yard area. b) If it is impractical to relocate vegetation which must be removed on the site, the city may require that the vegetation be removed and replanted on city -owned property at the city's expense. c) In the event that designated vegetation is permitted to be destroyed, an applicant maj, be required to re- place the vegetation with new plants of comparable size, nature and beauty, as determined by the Board. In no instance, however, shall a tree replacement be less than fifteen feet in height and three inches in diameter. 25- 1604.3.5 Provision Of Off. -Street Parking For Three Or More Vehicles, Visible From Public Ways: In reviewing applications for Certificates of Appropriateness for required on -site parking within an HC district, the Board shall consider the visual impact of the parking on the character and integrity of the HC district, and may require such arrange- ment, location or screening as necessary to protect the visual integrity of the district. If permitted in the particular HC district ordinance, the Board shall encourage location of parking in designated remote sites or areas. 1601.3.6 Reduction Of Existi.no Lot Size In reviewing applications for Certificates of Appropriateness for subdivision of existing property ownerships, the Board shall con- sider the computability of the resulting development with the character of the HC district as it is defined by the pattern of land ownership and existing development. 1604.3.7 Construction, Excavation or Other. Disturbance In Archeological Zones. In cases where new construction excavation, tree removal, or any other activity may reveal an interrred archeological site, the Board may issue a Certificate of Appropriateness with a delayed effective date, up to forty-five (1S) days. During the delay period the applicant shall permit the subject site to be excavated under the supervision of the Dade County Archeologist. A Certificate of Appro- priateness may be denied if the site is of exceptional importance and such denial would not unreasonably restrict the primary use of the property. -26 i SECTION 1605 SPECIAL PROVISIONS FOR ADMINISTRATION AND ENFORCfiMENT IN EEC DISTRICTS 1605.1 Heritage Conservation Board L quest For Enforcement of Maintenance and Repair Provisions. Where the Board or the Adminstrative Assistant determines that any structure within an 14C district is endangered by lack of mainten- ance and repair, or that other structures in visual proximity to HC districts lack maintenance and repair to such an extent as to detract from the desirable character of the HC district, it shall request appropriate officials or agencies of the City to require correction of such deficiencies under authority of applicable laws and regulations. 1605.? Ordinary Maintenance and Repair; Actions Required For Protection Of Health Or Safety Nothing in this Article shall be construed as preventing ordinary maintenance or repair of any exterior elements of any structure so Ions; as existing exterior appearance and materials are maintained rather than chan-ed. For the purpose of remedyi.rlg emergency conditions determined to be dan4;erous to life, health or property, nothing contained herein shall prevent the making of an`• temporary construction, -recon- struction, demolition or other repairs to a building or site in an HC district pursuant to an order of a government agency or a court of competent jurisdiction, provided that only such work as is reason- ably necessary to correct the hazardous condition may be carried out. -27- .�� In the case of necessary demolition, prior notice of such action shall be given to the Board and the Board shall have three (3) days in Which to comment. The owner of a building damaged by fire or natural calamity shall be permitted to stabilize the building immediately without Board approval, and to rehabilitate it later under the normal review procedures of this ordinance. 1605.3 Enforcement The Department of Building and Zoning Inspection shall assist the Board by making necessary inspections in connection with enforcement of this Article. The Zoning Administrator, as provided in Article 34, shall be responsible to promptly stop any work attempted to be done without or contrary to any Certificate of Appropriateness required under this Article. No work shall proceed as long as a stop work order is in effect. The Administrator shall further be responsible for ensuring that any work not in accordance with an issued Certificate of Appropriateness shrill be voluntarily corrected to comply With the Certificate or that authorized civil and criminal prosecution is initiated promptly. 1605.4 Civil Remedv Any person who carries out or cruses to be carried out any ti+ork in violation of this Article shall be required to restore the suhiect structure, feature, or site either to its appearance prior to tho -2S- violation or in accordance with a Certificate of Appropriateness approved by the Board. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty as defined in Section 3410. -29- 04 XV Exhibit 8 CIIAPTER 62 MIAMI CITY CODE ZONING AND PLANNING ARTICLE VII HERITAGE CONSERVATION BOARD Sec. 62-70 Establishment There is hereby established a board, to be known as the City heritage conservation board, for the purpose of carrying out the provisions of Article 16 of the Comprehensive Zoning; Ordi- nance and Chapter 17 of the Miami City Code. Sec. 62-71 Membership The heritage conservation board shall consist of eleven (11) mem.b��rs, to be appointed by the city commission. a) Qualifications. It is .intended that members of the heri- tage conservation board established by this article shall be generally perKons of knowledge, experience, mature judgment and background, having ability and dosi.re to act in the public interest and reprc,sonting, innoVar as may he poswible, the vari (JUS S I)oC:i al pP0 fOhsi onn 1. training, experience, and inter- ests required to make informed and equitgbT> decisions con- cerning conservation and prc test: i on or the physical environ- ment. To that end, qualifications of mombers shall be as fol.lnwq: 1) Ono (1) rnorabor PhA l be an architect registered in the st:at(> of F1Orida '2) t)n('� (l) shall be, an hi s t.ori an or architectural hi:;tc,i•ian illlallifiUd by mo:iii:i of c'(Iiic'atiutl or c�xporiollce and havill;; d�mon.;t.raLcd and intorest in Dade C,MOIL%, Ili:;Lary or archi.Loc't.ural hi',tory. 1 4. 3) One (1) member shall be an experienced realtor or building contractor licenced by the State of Florida. 4) One (1) member shall be a person experienced in the field of business or finance. 5) One (1) member shall be a landscape architect re- gistered in the State of Florida. 6) One (1) member shall be an experienced nurseryman (licenced by the State of Florida), or an experienced professional horticulturist or botonist. 7) One (1) member shall be an attorney and member of the Dade County Bar Association. 8-11) Four (4) members shall. be citizens with demonstrated knowledge and interest in the historical and architec- tural heritage of the City and/or conservation of the natural environment. b) Procedure_ For Appointment. No appointment shall be made by the city commission to mc:qmb(-rsIli. 1) oil the heritage conser- vation board until the conrni ssi.on shall. hake given notice in a newspaper of general circulation in the city of the vacan- cies at li�ast thirty (130) days prior to the malting of an appointment, and shill have sol ic:itod and encouraged the public ,ind I)rol*eSsional Or citi.7.ei1 orgailization�; within the area haviI .,; interest in and ► howled„C' UI' the purposes and intent of t►le heritage coii.servat:ion board to submit Ilalll(�s of persons aIld thei.r qualifications for coil s.icl(,,raLi.on a: prospective appointees of the board. At least five (5) days prior to the making of any appointment the city conl►nission shall cause to have available to the public, and shall 1)ublicly make announcement of the fact, that tllf-? list of the names submitted, together with a short 2 statement of the qualifications of each person, is prepared and available for public inspection and consideration. In reaching decision on appointment, the city commission shall give due consideration to the names thus submitted. In addition, the city commission shall, at least five (5) days prior to the making of any appointment, cause to have available to the public, and shall publicly make announcement of the fact, that the names of prospective nominees submitted by members of the city commission and a short statement of qualifications of such persons are available for public inspection and consideration. No person shall be appointed to membership on the heritage conservation board .chose name and quali.ficatioils have not been made publicly available in the manner set out. c) Terms of Ot'i'icc,. Members of Lhe heritage conservation board shall be appointed for three year terms, elcclpt that members of the first board appointed udder this article shall be appointed as follows: four (•1) mc`mbers for a term of one(1) year, four (•1) members for a term of two (2) years, and three (3) members for a term of three (3) years. Membt.rrs ina.y be rea.ppointed to coilsoc*11- tivt) terms, sub,jrct to the precedures in past (b) above. 3 d) Vacancies. Vacancies in the membership of the heritage conservation board shall be filled by the city commission in the manner set forth in part b above, and shall be only for the unexpired term of the member affected. e) Removal. Members of the heritage conservation board may be removed for cause by vote of not less than three (3) members of the city commission; however, whenever a member shall fail to attend three (3) consecutive meetings, the chairman shall. certify same to the city commission. Upon such certification, the member shall be deemed to have been removed and the city commission shall fill the vacancy pursuant to part d above. Sec. 6'-72 Ruictions, Powers and Duties, Generally In addition to such other;pcivor, duties and authority as may be set forth elsewhere in the. City Code or Comprehensive Zoning Ordinance, the heritage conservatin board is hereby authorized to: 1.) Maintain and update files from the Dade County Historic Survey within the City of Miami for the purpose of determining and promotint; those properties and neighbor- hoods of speci:11 historic, aesthetic, architectural, archeological, cultural, social, or political value or interest. It shall endeavor tQ improve and expand the surXTey With addition,il situ, documentary infor- mation, oral histories, and other such material as may become available; and to periodically reevaluate the survey to determine whether changing times and values Warrent recognition of new or different areas of sig- nificance. 2.) Recommend properties for designation as HC district;, pursuant to Article 16 of the Comprehensive Zoning Ordinance, and advise the Planning Department in the preparation of regulations and reports for FiC district amendments . 3.) Approve or deny applications for certificates of appropriateness pursuant to Article 16 of the Com- prehensive Zoning Ordinance. 4.) Recoi-mtond to the city comet i s s i.o,l, 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, finaticial assistance, public acquisition, building code amendl:ietits and special aon i no rcm ul ati ons . 5.) Approve or dolly tree removal permits generally and certificate of approval for tree.r6moval and develop- ment activity in environmental preservation districts, pursuant to Ch►lpter 17 of the ?Miami City Code. 0.) Maintain a record of unique onv:ironmcntally signi- ficallt 1.111dS 01• sites Wtthill the Cit\'. 7.) Increase public awareness of the value of heritage collserv.ltiotl by developing and participating in public information programs. S.) Make recommendations to the city C011llilissioll Co1lCern- ins,; the utilization of ~milts f••olrl Federal and State '19011ciO-, or priv;tte groups and individuals, and utili- zatioil of City funds to promote the preservation of environmentally, historically and aesthetically sil;nificant properties and neighborhoods. 9.) Promu.lgate standards for architectural review in addition to those general standards contained in this article 16 of the Comprehensive Zoni,tr�il Ordi- nance. 10.) Evaluate and comment upon decisions of other public agencies affecting the physical de.vleopment and appearance of environmentally histi'oically and aesthetically significant properties and neighbor- hoods. 11.) Contact public and private organizations and indix-id- uals and endeavor to arrange intervening agreements to ensure Preservation of clivironmetally, historically or aesthetically significant propertics for j,vhich demolition or destruction is proposed. 12.) 1'r01'10tc alld encourage l'OfTlI11U111Catioll and exchange of ideas .1111.1 irlformation between the Board and owners of historically .and cnvironmentally significant properties, potential developers, public officials, financial institilt ionF;, etc. 1.). ) In the name of the ci tv and with the consent of the city commission, .apply for, solicit, receive, or expend an%- federal, state, or pri%.atc grant, gift, or bCLjU0st of any funding, property, or interest in property in furtherance of the purposes of environmental and heritage conservation. 11 k- 14,) Approve historic markers and issue recognition to historic properties within the City of Miami. 1S.) 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 by the City Commision. Sec. 62-73 Proceedings a) Officers. The heritage conservation 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. b) Rules of procedure. The heritage conservation board shall establish rules of procedure necessary to its governing and the conduct of its affairs, in keeping with -the applicable provisions the city charter, ordinance and resolutions. Such rules Of procedure shall be available in written form to persons appearinco before the hoard and to the public upon request. c) Meetings. Tho Heritage conservation ho;ird shrill meet at least once poll. month, with all meetings open to the public. d) Voting; quorum. All decisions :Ind recinm.iendatioils of the Heritage conservation hoard shall require a concurring vote of a majority of the members present. Six (0) members shall constitute a duor'um. 7 e.) Disqualification of members. If any member of the heritage conservation board 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 him -self frnm all participatioIl of v.,hatsoever Lrt e in the e cause; or he may be disqualified by the votes of not less than a majority of total membership of the board, not includ- ing the member about whom the question of disqualification has been raised. f) A1ssi.gnment of Personnel. The City Manager shall assign adequate staff for the heritage conservation board to carry out it's responsibilities and duties, including but not limited to representatives from the departments of planning, planning and zoning board administration, law, and building and zoning inspec- t i oil. g) Public records. (Minutes of each heritage conservation 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 ccrtific:ItO�- issued by the board shall be filed with the City Clerk. Sec. 62-74 Compensation. 'fhe members of the Board shall serve without compensation, but shall he reimburGed for expenses necessarily incurred in the performance ()f their duties, subject to the prior approval of the Director of the P 1 ,111I1 i ng Department. 0 i Sec. 62-75 Administrative Assistant The City Manager shall appoint a staff person to serve as adminis- trative assistant to the heritage conservation board. The appointee shall be experienced and know1cd;'cable in respect to architecture, urban design, local history, landscape materials, site planning, and land use control regulations. In addition to such duties as may be set fortis ill Chapter 17 of the City Code and article 16 of the Comprehensive Zoning Ordinance, the administrative assitant shall 1) Schedule meetings of the heritage conservation board Jprepare agendas, and ensure that proper notice is carried out by persons or departments assigned to such duties 2) Provide applicable advice, standards, guidelines and precee- dures to prospective applicanle for certificates of appropriate- ness in 11C districts and for development activity or tree re- moval in environmental preservation districts. 3) Upon receipt of a proper application for a certificate of appro- ,r r priateness in an HC district of tree removal or development act lvlty' desit;11ated environmental preservation districts, re - vies~• such application, which may incl'iade a field check of the site alld refcrcral to other del):lrtnlents or agencies as necess- ary to determine any adverse effect upon the general public l;cl f:lre 11) Nanilltnill and update an official map delineating envirorinlental preservation districts and a photographic docurlelltation of all officially dcsitirlatCd site. S) Prepare sLImI11.11')' rej)orts of all dec l'sions O11 a11pl icatlons for tree removal and goneral certificates of approprlatoliess, in- cllldiIII' criteria :111d conditions for approval or denial. M G) Issue all approved certificates of appropriateness in HC districts and certificates of approval for development act- ivity in environmental preservation districts. 7) Transmit to the building and zoning inspection department a copy of the tree removal certificate of approval and a cope of the approved plan. A tree removal permit shall be issued by the building and zoning inspection.department as required. 8) Work With other cite departments, public agencies 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 en- couraging sound conservation policies. U a. Exhibit C HERITAGE CONSERVATION INTERIM ZOtiIPM DISTRICTS Section 1 - Intent The purpose of heritage Conservation Interim Zoning Districts is to provide for public review and approval of any proposed demoli- tion or alteration by renovation or new construction to major historic properties until such time as a detailed historic pre- servation plan is completed and necessary zoning ordiance revi- sions are adopted. Regulations relating to Interim Heritage Conservation Zoning Districts are intented to: a) promote the educational, cultural., economic, and general welfare of the public through the protection and enhance- ment of properties which represent significant elements of cultural., social, economic, political, archcol.o..ical, or architectural history of the city, state, or nation; b) safeguard the cultural, social, economic, political, archeo- logical and architectural heritage of the city as embodied and reflected in such properties; c) foster civic pride in the accomplishments of the past; d) Preserve and enhance the aesthetic and environmental charac- ter, diversity, and interest: of neighborhoods; e) stabilize and improve property values in neighborhoods and in the City as a whole; f) Protect and enhance the City's attraction to residents, tour- ists, and visitors and serve as a support and stimulus to business and industry. Regulations relating to such districts are further intended to: a) prevent destruction of historic properties without due consi- deration for the values represented therein or the possibility of preservation of the property for use in an economically productive way; b) assure that alterations to historic properties are comnatiblo with the character and i.nu-,-ority of the proj)ert.y; c) assure that new structures, uses, or features within historic properties will be compatible with the character and intovrity of the property. Section 3 - District Botandari es The interi►:► Zoning district: regulations set forth herein shall be applied generally to properties containing buildings, structures or feature!, which meet the criteria for listing on the National Rc:gistor of IIi:iLorie Places; and where specific boundaries are tip roafter applied. Section :3 - Effect of District All. l,►►i 1clinc;:, or striic.tures of parts thereof erected, altered, or used, or land or water used, in whole or -in part, shall meet all etiistin;; applie:►hle zotli►lg :end building code regulations, except that Such arcs modified by the terms and provisions of this ordinance which shall take ►�rc�cc�cirnce. i V Section 4 - Demolitions No demolition permit shall be issued and no person shall demolish or cause to be demolished any part of a designated historic struc- ture within an Interim Iieritage Conservation zoning district with- out the prior approval of a majority of the City Commission follow- ing a Public hearing pursuant to Section 62-55 of the Miami City Code. Such public hearings shall be held within thirty (30) days from the date of filing of an apnl.ication for a demolition permit in the Building Department. The Commission shall not approve de- molition of designated historic structures unless it finds that such at)prov:t.l is necessary in the nt►bl.ic interest or that failure to grant approval will result in unreasonable economic hardship for the owner. The regulations in this section shall apply only to structures or portions of structures specifically designated as having major his- torical significance. Generally, ancillary structures and site im- provements that are not important to the historical integrity of the property shall not require a public hearin and City Commission ap- proval prior to demolition. A map of specific structures and improve- ments subject to the provisions of this section shall be appended to the adopting ordinance. Section 5 - alterations, New Construction No permits shall be issued and no person shall carry out or cause to be carried out any of the following actions within an Interim Iieritage Conservation district without first obtaining written app- roval by the Urban Development Review Board: a) Chanties in exterior appearance of an existing structure by additions, reconstruction, alteration, remodeling, or main- tenance involving change in color, form, texture, or mater- ials, or b) Erection of new structures; or c) Demolition or moving, in whole or in part, of structures or improvements not subject to the provisions of Section 4 of this ordinance; or d) Disturbance of any Significant vegetation, geological, of arc eolo;;ical features so designated in the particular dis- trict; or �.) Provision of off-street parking for three or more vehicles visible from public trays; or f) Subdivision of existing property ownerships. Tho dc!c.i.sion by the: Urban Development Review Board shall be made ::it.hin tbi r t:y G,O) cl:►ys of i,ecu.ipt of a complete application in- c 1 ud i n;; :► t'u 1 1 do -'icy►• i p t i can c,l' the proposed work, such as detailed and spoci fic:rtions, samplos, phc�t.o;;raphs, or any other do- cunr� rf-gIIc-:S t'ed by the Bua ►•d . Cit-norally, fur applic-ations rolatint; to property in Interim Iieritago c'on:;ervaLion districts, the proposed work shall not, adversely affect: the exterior architectural features of the subject structure or feature and its neighboring structures and surrounclings; nor shall the proposed work 'adver-sely affect the special character or special historical, architectural or aesthetic interest or value of the clistriet. Decisions be the Urban Development Review Board shall he guiclad by the secrotarr of the Interior's Standards for Ilistoric Preservatinn Project-- with Guidelines for Anp}ring the Standards (U.S. Go-%-t. Printing office, Stnek '`o. 021-oj.G-no105-2). Any citizen may appeal ant' decision of the Urban Develnnment Re- view Board as it relates to this ordinance to the City Commission by fIIi1,,. within fifteen ( 15 ) cla\G after the (late of the decision, a written notice of appeal «A th the Ci.t� �ianag( ��: i th a cope to tale Ci t\ C'lerl:, which shall set forth concisely the decision appezaled from and the reasons or grounds for the ,ippeal. Each appeal shall be accompanied by a fee of twonty-five dollars to cover cost of publishinr and mailing notices of hearing*. The Ci tv Col,. -.mission shall hear and consider all facts material to the apl,^al and render a decision nrot:?ntly. The City Commission ma%, affirm, modify, or revcr:;e the Board's decision. The decision of the City Commission shall constitute final adininistrative re - and no }petition for rehearing or reconsideration shall be considered. Section 6 - Time Limits The Interim Heritage Conservation districts specified herein shall cc,nt in!le in effect :for a t i t-no pnri nd not: greater than one. (1) year from the date of final enactment of this ordinance and shall auto- matically become null and void at the end of this period. The City Commission may extend the time: limit on any individual district for a }period of six (6) months after clue notice to vronerty owners with- in the district and a public hearing on said extension. There shall be no more than three (3) extensions of time alloxved .for an estab- lished interim zoning district. Section 7 - Iiocordi ng All approved Heritage Conservation Interim Zoning Districts shall bcr pr0})eriy designated on the official Toning maps of the Cite , and shall reflect the adopting ordinance number, a t EXhlbit D HERITAGE CONSERVATION INTERIM ZONING DISTRICT - A Historical Name: The Alamo Address: 1611 N.W. 12th Avenuc Legal Description of Interim Zone: the east 371 feet of the west 730 feet of tllc south 220 feet of Tract 1, JACKSON MEIMO- RIAL EIOSPITAL TRACTS, as re- corded in plat book 55 on page 5 of the public records of Dadc County, Florida, less the south 40 feet thereof. location site plan HERITAGE CONSERVATION INTERIM ZONING DISTRICT - B Historical Name: The Barnacle Address: 5485 Main Highway Legal Description Of interim Zone: jot 9 lying southeast of County Road, as recorded in Deed Book D on "age 253 of the public records of Dade County, Florida. location site plan -AAW ��- AVE. Coconut•G %ve\/,,,,,�4Houseeplubr HERITAGE CONSERVATION INTERIM ZONING DISTRICT - C Historical N�ime: Coconut Grove Housekeepers Club Address: 2935 So. Bayshore Drive Legal Description of Interim Zone: lots 2 thru 6 and the southwesterly 13.33 feet of lot 1, and the southwesterly 80 feet of lots 10 thru 12, and the southwes£er.ly 180 feet of the alley lying northwesterly and adjacent to lots 1 thru 6, in Block 1 of %lonroes Plat Lot Four, as recorded in plat book A on page 51 of the public records of Dade County, Florida. C �w location site plan 0 t a HERITAGE CONSERVATION INTERIM ZONING DISTRICT - C3 IllstOrical Name: 1-1 Jardin Address: 37,17 ;lain lli;`h��ay Legal Descr.iptioti of Interim 4One all of lots 1) and Ii IN•ing southeast of County Road- in the plat of E anion Heights, as recorded in plat hook B on page 52 of the ptihlic records of Dade County, Florida. pA��rr���� �SRA�i� %; (L----J��lr1YE� i I�- 4 u TlFi IERAhIQ.lifi �C�n' A.�� J�a�-c+cu .ij C IIRT , ,.4—gyp IQ7AL E rL� xur �"s• ..• . 114. (41 L2 �� 4�o EL JARDIN r r, I �F� '•ys ., ',k�,-�r�v;y�. I, location site plan • HERITAGE CONSERVATION INTERIM ZONING DISTRICT i E ifistroical Name: Dr, Jackson's Office :Address : 190 S.E. 12th 'Terrace Legal Description of Interim -one: lot A of block i in the Flat Of hibiscus Place, as recorded in Plat hook 3 on pai;e T10 of the public records of Dade count•, Florida. rA location site plan V. 60 HERITAGE CONSERVATION INTERIM ZONING DISTRICT . FIK History Name: First Coconut Grove Schoolhouse Plymouth Congreo-ational Church Address: 3429 Devon Road 'A� �OASU Legal Description of Iilterim �la�rF" J.Yj Zone: lots 1.1'15, and 16 and(f,RAN°_i �C�`�' � O iAYF—J. C� O ��AH�J l � � church lot of the plat of Ply- ►Y'J; r — mouth Court Amended as recorded C� " ti in plat book 4 on page 78 of the 6 Public records of Dada County,WS c��Cl -A o Florida, and beginning at the j1ffPX�--7C�--,o Northwest corner of the SE',' of� �';,✓/�\%� the S1}'1 of Section 21, Township :D �f,:� tit. [7.:c�7. . �� �f f 54 South Range 41 East' thence -_ej oct�ut Grave , o ;. in an easterly direction along �Schooh,�use the north line of said SE, of L.-.e.- � aka �' ��� + Plymouth. 1 f S«'.-, a distance of 295.47 feet; _Jtss vex ��'�` Congregattbnal thence with an angle to the ri.,;,lt �,C; ..� urch,., of 45"- IV -23" along the south- �t�•�-� i westerly boundary of "The Royal Gardens" (P.B. 20-P,3) a distance of 576.65 feet to the northwesterly line of Main Highway; thence in a southwesterly direction with an angle of 93`-)-ll'-30" along the northwesterly line of Main lii-tinay 290.05 feet to the most easterly corner of "Plymouth . Court Amended" location T', i.�; -- tiience ��itii an ang1C' tC1 the rif ht of 1 I.•}_. 95°-01' -00" along the northon.,41 curl v boundary of said "Plymouth Court Amended" a distance of 7.1.1 . ;33 foot to the west line of the above mentioned SE' of thn S,': thenec, in a northerly direction along a \ said west line of the above mentioned SE' , of the SIVI ; L-� thence in a northerly direction ' long said nest line of said E; of the S1V? a distance \ O of 80.52 feet to the point of beginning. 04 y ... Or 1*,; 3l ncrv�+.rU bvl alma site plan LU?;l3 �o9�ia5� �z:� CJJF1�iw�� I'S'i rJ;J1t cl ro ✓v z'.rt ��xr_: z'• 0 HERITAGc CONSERVATION HNTLRIM ZONING DISTRICT : G Historical Name: freedom Tower Address: G00 Biscayne Blvd. Legal Description of Interim 'Lone: lot 7 less the « 10 feet there of and all of .lots S thru 1,1 inclusive of block 60N of the plat of 111;uni South Ralf Mocks 59- and GOti• as recorded in plat book 1 on »age 1S5 of the public records of Dade Count-, Florida ui uj Z location 0 n 'mlorem . �a,0 4er TD site plan M HERITAGE CONSERVATION INTERIM ZONING DISTRICT - H Historical Name: Hal is sce Iial l Address: 1700 N.Y. 10th :Avenue Legal Description of Interim Zone: the west 230 feet of the south 140 feet of the north 1,90 feet of Tract A of the plat of. Cardin Hospital Sub, as recorded in plat book 75 on pa�(Tc 46 of the public records of Dade County, Florida. 11 91 ■ t -M I U 1 f \�r �fgT.1 CIVIC CENTER UC$�L1 JACKSON 10 MEMORIAL o AREA !y F12a� HOSPITA( in � N� [� Hali see Hal U J flfl A��jy�•- ❑ � x �3 a� location Ln N NATIONAL T CHILDREN'S 3 CARDIAC z HOSPITAL 4558' boundaries of interim zoning district site plan HERITAGE CONSERVATION INTERIM ZONING DISTRICT . I Historical Name: liiami Women's Club Address: 1737 No. Bayshore Dr. Legal Description of Interim Zone: all of lot 3 less the south 2 feet east of the original shoreline, and all of lot 4 o the plat of Nliramar Plaza Amended, as recorded in plat book 33 on page 18 of the public records of Dade County Florida [771 `QL Ito W N.E.17 ST. m © Q 7 1� w Z Q z u CD ;' Uit D NE17TERR. f Miami W m n'sClub location req site plan LqR a Q HERITAGE CONSERVATION INTERIM ZONING DISTRICT ° J Historical Name: Pan American Seaplane Base and Terminal Building Address: 3500 Pan American Drive Legal Description of Interim Zone: Tract A of the plat of Dinner Key, as recorded in plat book 34' on page 2 of the public records of Dade County, Florida, plus riparian lands filled since 1930, less lands conveyed to the City of Miami by the Federal Government in official record book 7567 on page 964. �'&NNER KEY, location Ian HERITAGE CONSERVATION INTERIM ZONING DISTRICT Historical Name: lla-oda ( Ransom School.) Address: 3575 %lain Highway Legal Description of Interim Zone: lot 13 15'i.ng southeast of Main Highway less the triangular portion northwest of County Road, and submerged lands lying south- east to the bulkhead line, as re- corded in Deed Book D on page 253 of the public records of Dade County, Florida. �T _ UG7G'i��67 n AYE. Ransom School "Pagoda" location site plan m Historical 'Name: Vizcaya Address! 525I South Miami Avenue Legal Description of Interim Zone: all of the plat of Vizcaya sub, as recorded in plat book 34 on page 46 of the public records Dade County, Florida less the rJcrcv Hospital Tract and Immacu- lata Academy Tract. 'IN location site plan v HERITAGE GONSERVATIOI`! INTERIM ZONING DISTRICT . Historical Name: Gesu Church Address: 118 N.V. 2nd Street Legal. Description of Interim Zone: lots 2 thru 10 inclusive, less the south •15 feet of lots 8 thru 10 except the east 4.5 feet of the south <15 feet of lot 8, and less the north 5.85 feet of the south 50.85 feet of the west 17.58 feet of lot 10, block 104 of the plat of Miami North, as recorded in plat boot: B on page 41 of the public records of Dade County, Florida .................. ...... .......... location site plan N H Exhibit rz RESOLUTION NO. A RESOLUTION ENDORSING IN PRINCIPLE, THE PROPOSED HISTORIC PRESERVATION ORDINANCE FOR METROPOLITAN DADE COUNTY. WHEREAS, Dade County and the City of Miami have a rich and varied heritage of cultural., social, political, archi- tectural, and archeological history; and WHEREAS, in order to promote the public welfare and to cultivate a sense of identity, stability, and pride amongst local citiztns, it is important to recognize and conserve significant elements of our cultural, social, political, architectural and archeological heritage; and WHEREAS, much of such heritage is reflected and embodied in hili l di ngs , sites, districts and neighborhoods curving from early years of the region's development; and WHEREAS, protection and enhancement of historically significant buildings, sites, districts, and neighborhoods will contribute to the educational and cultural welfare of the community, stabilize and improve property values, preserve the aesthetic and environ- mental quality and diversity of neighborhoods, promote tourism, and serve as a support and stimulus to business and industry; and WHEREAS, the proposed Dade County historic preservation ordi- nance provides a fair and reasonable mechanism for the protection and enhancement of historic properties with a balanced set of incentives, guidelines, and public input; and WHEREAS, the proposed Dade County historic preservation ordi- nance encourages municipalities to adapt similar historic preser- vation ordinances which shall take precedence; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The proposed historic preservation ordinance for Metropolitan Dade County is hereby endorsed, in principle, by the City of Miami. PASSED AND ADOPTED this day of_ 1981. MAURICE A. FERRE, MAYOR ATTEST: RALPH G. ONGIE , CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX, JR., CITY ATTORNEY Proposed Metropolitan Dade County II1storic Preservation Ordinance Approved on 1st Reach-- - 12-16-80 GRDIIJ,NCE NO. ORDIIIANCE EIS BLISHING AN HISTORIC PRESERVATTr BOARD FGR THE PURFCSE OF PROTECTING A. -ID PERPETUATING PROPERTIES WOP.TIIi OF HISTORIC PRE::ERVATION; PRO :':DING FOR RULES OF PROCEDURE; PROVIDING FOR DESIC14ATICII OF PROPERTIES AS IODIVIDUAL SITLS, DISTRICTS OR ARCHEOLOGICAL ZONES AND FOR REGULATION OF SAME THROUGIi ISSUANCE OF CERTIFICATES OF APPROPRIATENESS A14D CERTIFICATES TO DIG; PROVIDING FOR ELIGIBILITY FOR FINANCIAL ASSISTANCE; PROVIDING FOR PEINALTIE.:. A14D APPEALS; PRO':IDI:1G FCR Sc?.`.•'EPABILIT1, INCLUSIoI1 IN THE CODE AND AN EFF %C l I VE DATE tvti-::EAS, Dude County has a rich history embodied in its buildings, structures and archeological sites; and VF EREAS, fe,::er than twenty-five (25) buildings and structures constructed before ti,e incorporation of the City of Miami (1896) still exist; and EELS, many significant and varied aspects of the history of Dade County are concentrated in the first quarter of the twentieth century; and MHEREAS, this variety has been manifested in a unique architectural response to the area's climate, history of tourism, rapid growth, and national stylistic trends; and WHIEREAS, a number of archeological sites remain that have yielded and are liiely to yield a great amount of information on the history and prehistory of this region; and F1i?Ei F.;S, ti,e preservation of these buildings, structures and archeological sites are in the best interest and public welfare of Dade County and its citizens; and preservation of these resources will evpand the edL:cztional and cultural opportanities of Dane Cou;ltl, an,-'. its - citizen --I M'd, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY CG: I•II SS I0?JERS OF DF:DE COUNTY, FLCI:IDi-%: :1Q-da I t--..- i+Q . aCe :;o . This Chapter shall be known and may be ci`e'i •=1s -ile I'le--tropolitan Dade Count,, Historic Creservatl.on ilydinance." Section 2. Declaration of Legislative Intent. It is herebv declared as a matter of public policy that the protection, enhancement and perpetuation of properties of historical, cultural, archeological, aesthetic and architectural merit are in the interests of the health, prosperity and welfare of the people of Dade County. Therefore, this ordinance is intended to: (1) Effect and accomplish the protection, enhancement and perpetuation of buildings, structures, improvements, landscape features and archeological resources of sites and districts which represent distinctive elements of the County's cultural, social, econoMic, Uolitical, scientific, religious, prehistoric and architectural history; (2) Safeguard the County's historical, cultural, archeological and architectural heritage, as embodied and reflected in such individual sites, districts and archeological zones; (3) Foster civic pride in the accomplishments of the past; (4) Protect and enhance the County's attraction to visitors and the support and stimulus to the economy thereby provided; and (5) Promote the use of individual sites and districts for the education, pleasure and welfare of the people of Dade County. Section 3. Scope of Regulations. (1) This Chapter: is intended to and shall govern and be applicable! to all property located in Unincorporated Dade County, Florida. Nothing contained herein shall be deemed to supercede or conflict with applicable building and zoning codes. Provisions contained herein shall be Cumulative and read in conjunction with other provisions of the Dade County Code. All municipalities Within Dade County shall have up to and including July 1, 1982 to adopt local ordinances that are at least equal to if not more �.cend -a T tam ao . a ae .To 3 restricti•Je tI.ari thi.3 Chapter to iistric`a, illdl•; ic...s! sites, and ar ne loq,LCC1 ,-ones. I./i L1 ~'L_J U r mun,.ci Jal itic ] shall be dleemcd Caccornplisl cd by tilt: flLinq and aonroval of ..ach I1unicip:alit,"s rQsnecti-,e ordinance I,iith ti,--, Dad1_- Count.; �:istot i c Preservation Board according to the f-ollow.illg guidelines. (2) Before a municipal Historic Preservation Grciinance shell be ap ro%ed by the Historic Pr:�scrvation Board, the proposed or4inaIlcc shall address the following ;:CCtioIls: the eritabiishmeIlt Oi an Historic Preservation Board with powers and duties; the creation of a pro=:s to designate the il:Cli'tidUul sites-, dltitr:Ct: an arc eologlcal -ones; a procesz of review for Certi'ica tes of Apv�-opriatenecs and Cerk_.Lficates to Dig; and an appeal process. I-Iunicipalities shall also submit the proposed ordinance to the National RLgizter of historic Places for certification by the 2:ato^::1 Registc_ to be eligible for the 1976 Tax Act. Althoug:: M nicipalit4=s are not restricted frOlil implementing the ordinance pr,-or to Nat_—cnal Fealster certification the municipality must obtain certification as e::peditiously as reasonably possible. (3) The Dade County Historic Preservation Board shall approve, deny or approve with conditions all proposed municipal ordinances. All ordinances shall be submitted to the staff of the Historic Preservation Board at least ten (10) days prior to the regular meeting of the Historic Preservation Board and the Board shall reduce its decision to writing within three (3) days of the meeting at which the proposed ordinance wzIs considered. Municipalities may appeal the decision of the Historic Preservation Board according to Section 14 of this ordinance. Should any municlpalitl' fail to ac opt all Ordinance regulating Historic Preservatloll prior to Jul.t 1, 198'2, thi ; chapter shall govern. Scc�ion Y. Definitions. (1) Archeological zone - An area designated by this ordinance which is likely to vic:ld information on the history- and prehistory of Dade County based on prehistoric settle. meat patte-rn in Dtide County dS doter.^,11I:ed by the results of the Dade- County historic Sur?Jey. These zones will ten-J to conform to natural pn,.?s2_ogrRpn2.c fe-aturus which were the focal points for prehistoric and historic activities. 10 ae No . 4 :) Cert1£i:.at..2s o£ .:r^'opre:.a - A cer,.._=_..at.2 issued b,r the E,o arld net:mit.._na c r t a 1 n alteraticns or improvements to .i property. (A) Regular C'�ertiiicate Of ;ppro;;ri.-�tcci�:s.� - A Regular Certificate of Az)urJ^nrial !ne s shell be issued by the staff of the Preservation Board, based on the guidelines for preservation appro ed by the EOard. (B) Special Certificate of Appropriateness - For all applications for a Special Certificate of Appropriateness involving the demolition, removal, reconstruction or new construction at an individual site or in a district a Special Certificate or Appropriateness is required that is issued directly by the Board. �) Certificate tc Dig - A certificate that gives the Board's permission for certain digging projects that may involve the discover_, of as let unkno,,;n or known archeological sites in an arcaeologi.cal zone. This certificate is issued by staff of the Board based on the guidelines for preservation approved by the Board. 4) Certificate of Recognition - A certificate issued by the Board recognizing properties designated pursuant to this ordinance. (5) Demolition - The complete constructive re:,ioval of a building on any site. (6) Districts - A collection of archeological sites, buildings, structures, landscape features or other improvements that are concentrated in the same area and have been designated as a district pursuant to this ordinance. (7) Exterior - All outside surfaces of a building or structure. (8) Guidelines for Preservation - Criteria established by the Preservation Board to be used by staff in determining the validity of applications for a Regular Certificate of Appropriateness and any Certificate to Dig and to establish a set -of guidelines for the preservation of buildings in South Florida. (9) Historic Preservation Board - A board of citizens created by this ordinance as described in sections 5 through 9, (10) lii:oric Sure, - A compreheIIs— i L-': e surve1' compiled by ti:u Historic Preservation Divi_.i,Dn of thc! I>ado County Office of ColltmuIlity and Elconomic Development involving the identification, research and documentation of buildings, and structures of any historical, cultural, archeological or architectural, importance in Dade County, Florida. (11) individual Site: An archeologicai site, building, structure, place or other improvement that has been designated as an individual .. .:Ije-�%a.tem O. 3C7t� NO. o interest 1n yhe rl'__i,i ✓i Counts Com m should 1tt=_mpt :o 1G^.01:1� :IrCIn.! �;. "?=tit arch•?oIogistz, his torlan,, .art iIict_-rlcln:3, 1awvet'S :3r .7Llier 1ndi'✓I._-.u.li_: itein tIL_' buoine::s ilnancla1 ani'I ot-!ie r .;cuments o1: time co,i!.?lunity .oho, b,' virtue of their profe--lion or bu:31n,2: 3, Ii ive df.'_ "lonstrated Concern for historic preservation. The term of: oLf1cC3 of meI1I;FrSI'... shall be one year for one (1) Inetnbur, two (2 ) year s for two ( ) members, three (3) years for three (3) member:; and four (4) years for throe (3) ,nemb`rs, with appointments thereafter to be for a term of .our (a) years for each member. AIiy Vacancy occurrin-, on the boar small be filled by tt:,_- County Com.m.is.3ion for the remainder of t.. u:iL::pi red term, at the %arlie�t pccsil.Ie date. IQe ilber� shall be eligible for reaplt cint;.en-_, and shall Ecld office until their successors have been duly appointed and qualified. Members of tl.� board shall ser-:e without compensation but shall be reimbursed for necessary expenses incurred in the performance of their official duties, as shall be deteri lLned and approved by the County Cor,'rilssion Before entering upon the duties of office, each member shall file written acceptance of appointment and take and subscribe to the oath of office prescribed by law, which shall be filed in the office of the clerk of the County Commission. A member of the Board may be removed from office only by a t,.•ro-thirds (2/3) vote of the entire membership of the County Conullission; however, whenever a member of the Board shall fail to attend three (3) consecutive meetings, the chairman shall certify the same to the County Commission. Upon such certification the member shall be deeded to have been removed and the County Commission shall fill. -the vacancy by appointment. Section 7. Organization The members of the Board shall select a chairman who Shall Serve at the pleasure of the Board and such other officers as may be die:^-d neees:'�«ry or desirable, The, Counts 'Manager shall provide adeuuat: per:.onnel for the Board including but not limited to representative_ from the Departments of Community and EConoinlc Develop me.nt, Building and Zoning and Planning which shall be deemed the staff of the board. Minutes of each board meeting shall be kept and prepared tzl.c� r the super-: ision and direction of the 3Gara., and copies of such minutes shall he filed with the Clerk of the COUP.t1' CQIT''TIi SS 10_^.. r Aaen,d Z tenl iio . site :lursuant t:0 till. S 1--)L'-1.nanCC. U:1 t':- the provisions of thlc. or"Jinartce lnte,--or snact.s may be re-4ui•]te i Qnl'l '.•1r1ere building o1' lndi. idual �,-LtC'. (12) Naticrial R'!C31:1t:er of }llstOric Places - A fe-deral Inaintalned by the U.S. Department of Itlt:erior o . bull lding:;, �lte!„ �t�'11Ct1i1'�'r; '111d districts t}i.-it have citt.lined a quality of signl.fic-arice as d`termit:ed b-.; the }listo:_ic Pre:;er Ation Act of 1966 as atnetlds-�d. (13) Ordinary Repairs or Maintenance - Work done to pre%,ent deterioration of a building or structure or decay of or damage to a building or structure or an., part thereof by restorina 'the building or structure as nearly as practicable touts condition prior to such. deterioration, deca-v or damage. (1 1) Owner of a Designated Property - As reflected on the current Metropolitan Dade County tax rolls or current title holder. (15) Undue Eco11a„lic Hardship - Failure to issue a certificate would place an onerous and excessive financial burden upon the owner tha,t would amount to the taking of the c•::1.er's property without just compel:sation. (16) La,ndscape Feature - Any improvement or vegetation including, but not limited to outbuildings, walls, courtvards, fences, shrubbery, trees, sidewalks, planters, plantings, gates, street furniture and exterior lighting. Section 5. Historic Preservation Board: Created and Established. There is hereby created an Historic Preservation Board, Ecard"), as a governmental agency of the County government in and for Dade County, Florida. The Board is hereby vested ,.:i4 : the po•.rer, authority and jurisdiction to designate, regulate and administer historical, cultural, archeological and architectural resources in Dade.- County, Florida, as prescribed by this Chapter under the direct jurisdiction and legislative control of the Board of county Commissioner';. The Roard shall con:-ist of Mine (9) tnew.I.ers appointed by t},u Soiird of County Co."a.mi.;-.ioners. Each inembor of the board shall andl :,hall }sold office only so long as lie or she is a resident atld r: g�ster:_d voter of Dale County, Florida. Appoint::lel:ts shall Litt rnacie on thtf bar.is of civic pride, integrity, experien.ce and Pace ',Jo. 7 Section 3 Rules valid Requi.ati7n0. V,-, 6card shai_ ;hake and _)re; cYl;uc"I fui!? _II1: r-''gui:i_1 ..._. re sonabl'; necessary anti :ippronriate for L.1-'_ propel- _-A.ministration and enforcement of the pro•✓; sion:, of this Such rules and, rerm.11atioris .shall conform to t 2"_ pr-o isioI s! of this chapter and shall not conflict with the Constitution and gCn^_ra1 Ix..;s of the State of Florida, and shall govt-2rn and control procedures, hearings and actions of the board. No such ruies and regulations shall tecome until a public hearing has been held upon the pro-csc2d. ;:uios and regulations, aI:d an'' amend.;nnt:� or modifications thereto, an;. same have, teen annrove b• the Count,,, Co:ini.ssion and filed with, the Cler:: of the Cor,,Inission. Upon approval by the Ce,mmif;sicn, suc,, rules an"' r` aulations shall hcr;e the force and et-'-C: of law within Dac:-Count-.', Florida. TI,e Board shall prescribe £Or::;_, for u:,e appl i cants in compliance with the provisions of t.iis c', per. The ;_,oard may authorize an-; one of its members to administel- oaths, certi*y to official acts, issue subpoenas and ccmrel t.le at'�endance of wtinesses and the production of papers, accounts, books, contracts, documents and other records, data or infor:ation when deemed necessary, convenient or appropriate by a majority of the Board in order to properly discharge the duties of the Board. Section 9. Powers and Duties The Historical Preservation Board shall have the following enumerated po:aers and duties: 1) Adopt or amend rules of procedure. 2) Designate individual sites, districts and archeological zones. 3) Issue or deny Certificate-. of Appropriateness and Certificates to Dig. 4) Approve historical tnarhers and issue certificates of recognition for inc3i+.•ic:ual sites and de,;ignated proprrties_ in a district. 5) Reccmmi�-nd noning and building code amend::Lents to the- proper. authorities. 6) Estal lish guidelines for preservation an.,3 critLria for issu.ince by staff of regular certificates of appropriateness. 7) the a+r:ar mess of hictor i c preservaticn and it-. cor.Imunity benefits. . ten .+o . .10. No ac...� l �iilJ ... .. .li .A �.•I ��tyy.i .)l: �L.�F_'J 01 Oe coils 4:�1: �.�. '.] ;Is author�t_. Of ta�� COUit` '.G:"LM1z.J 1OIle rJ 1 � ,,21.7 1e.-I and update for ltL, quality and proie-s1C.-naL j merit, and Lralldatc the_ flndingi3 of thkt sui:,.e:J as honaille antd sinc',_,re. 10) Implement tht� authority of this Chai)ter and tulfill the- tasks, set. forth for this Board b,,, the County Commi.ssioner.5 in this and other ordlnancco . 11) Record and maintain records of the Board's actions and decisions. 12 ) Follo•.i and abide by the laws of the United State:, of Altieri.ca, the State of Florida and Davie COUrlty. 10. Desionatlon Process And "croccdure The Board shall have the authorit✓ to desianate buildings, structures, landscape features, archeological ar impro%-ements or phl.sical features, as individual -'s, or archeological zones that are significant in Dade County'S history, architecture, archeology, or culture and possesses an integrity of location, design, setting, materials, wor}•:iianship or association, or: (A) Are associated with distinctive elements of the cultural, social, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, Dade County, South Florida, the state or the nation; or (B) Are associated :oith the lives of persons significant in our past; or (C) Embody the distinctive c4iaracteristics of a type, period, sty%le or method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction; or (D) have yield::d, or arc, li}:ely to yield information in history or prehistory; or (E) Are listed in tale National Register of Historic places. II. Certain properties which include cemeteries, birthplaces, owned by religious instltarloIls, or Used for reli iol,IS pail"r:u =;, structur::ss that. havt� been Ilievcd fr:i:t their oriQlllal (E) 0 1%} \f Ace.^.:a � tea:., pace :In; . in :icance `A c Last fife: .,,'ars, will not �sl w. " f' :;li Ii pr nerf-iar .ed for r!....,.��:�n�lt10t1. i�0 !� : �•� , r r .., are lIliCarll ptlrt:i :10 they tall wl.t:hin the followl.nq Cate'loi.i'es: A religiot: ; propert., deriviiv-j primary significance Lrom architectural or artistic distinction of historical importance. A building or structure removed frcm its location but which is primarily significant fer architectural value, or is thta surviving structure most imrortrantl•1 associated with an hi�t,ric event or person. A blrt:::ilui e or grave of all historical figure of outstanding importance if th re is no other appropriate site or buildinq directl_,t associated wit:i his,'h:er productive life. A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, distinctive design Features, or from. a;;scciation with historic events. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance. (F) A property, or district achieving significance within the past fifty years if it is of exceptional importance. III. Prior to the designation of an individual site, an historic district, or an archeological zone, an investigation and designation report must be filed with the Board. The for:�at of these reports may vary according to the type of designation, hoI'reS;ar all reports must address the follofaing: The -historical, cultural, architectural, and archeological significance of the property or propertieti being recommended for designation; a reconuuet:?:Itioil of boiindarie:: for districts and archeological zones and idelitificatic:: of bounc:;►:.ius of individ: ial sites being designated; a recc,,,;;;:,,en iticn of str:I._'-ard., to be adopted by the Borlyd in carrying out its regtll atory functioIl tinder this ordinance with respect to CCrtlflcl-lt—e , of Apprcpriateness and Certificates to Dig, and, all rer-orts shall ta%e into consideration projected, prcpased or existing public 1Mpro`.'e^,, i%t aIld d'velop:,,iental or rt?ne,.,,al plans. OF son f • rr. _ . 1Qe :;0 . Procedure (A) Petitiotl o[ the OwnA - _h•2 of ally hrcnert,, ill tlnlacc:norate i Dade Count.,• may petitions for designation of their pr,)pfsrt_,• as an individual site, district or archeological zone provided that the'-/ appear before the Board with sutficit.nt information to warrant the investigation of the property for future designation and the Board finds that tile property may be worthy of designation. The Board shall, based on its findings, either direct the staff to begin the: designation process or deny the petition. Nothing in this oubsection shall b" deemed to restrict t: e po.aer of the Board to initiate the designation process, pursuant to this section. E. Dir^ctive of tha Board - T.:e Board shall, upon recomitiendat:ions from staff and the acceptance of petitions pursuant to Part 1V, Section A of this section, direct stair tobeclin the designation process by preparing a designation report, pursuant to Part: i11 of Lhis section and any other standards the Board may deem necessary, and submitting this report according to the procedures described herein. (C) Notification of owner - For each proposed designation of an individual site, district, or archeological zone the Board is encouraged to obtain the permission of the property owner(s) within the designated area, and is responsible for mailing a copy of the designation report to the owner(s) as notification of the intent of the Board to consider designation of the property at least 15 days prior to filing of a designation report with the Board. (D) Notification of Gove nnient Agencies - Upon tiling of a designation report, the Secretary of the Board shall immediately notify the appropriate Building and Zoning Department, the appropriate Public Works Department and any other County or municipal Agency, including agencies with demolition powers, that may be affected by said filing. (E) Noti fication of a Public Ilearin i - For ul-ich individual site, dl.strlct or archeological zon.:�- proposed for designation a public hearing ntuot be held no sooner than 15 days and within GO da:'s from the date a designation report has been filed with the Board. O,:;ner, of record or other parties having all interest in the proposed designated properties, it 1:Ilo.7tl, shall be notified of t?le public hearing by certified mail to the last }rncwn addl-ess of the part.; being served; however, failure to receive • aC�nC1 ��„:i0. Stich :lOtl-ce. snag :iCC lIi•::71i te t::`•a same as sifC:l sll,111 aiso Oe eel. L'i'Cf"•.'_� a~.'i i�i1L��.i.Jiiln!� :l ..^.IJ: :-�...._ ��� ner 1 c y..Culatl:�n at least tell (10) iay:� 7r1'Jr :O l�h hearin,, . ([) hc'acTlll.rCltln'.lt OI i rolnflt: Dec jl..1C11 Ind -Noti iC:L 1�I1 �`� 1 ttilll i days o t a pliI) L: C near illy 011 a proposed individllal sit. (ji: t-rict, or archeolo ljic:ll Zone tile BOo-'V i shall reduce to wrl.ting its deci310I1 to. approve, deny, or ani:_nd the proposed designation and direct the Secretary Of the Board to notify the following of its actions wit'.1 a copy of the Official 1111nl.IteS of the Pieeting, and a summary stZltement of the eff^_cts of this action: 1) The appr.opri to Bili.lding and Zonina Department, 2) The Count_ Clerk, The appropr±::te munic.i-ai cierI: when necessartir, 4) Owner(s) of the affected prcpertl and ot`.:er parties having an interest in the property, if knc:•In, 5) The appropriate Planning Department, 6) The appropriate Public Works Department, and 7) Any other County or I-hinicipal Agency, including agencies with demolition powers, that may be affected by this action. (G) The Board may amend or rescind any designation provided it complies with the same manners and procedures used in the original designation. (H) moratorium. Upon the filing of a designation report by the staff, the owner(s) of the real property which is the subject matter of the de-signation report shall not: S-'-ct�- "M 1 1 . 1) Erect any structure on the subject property. 2) Alter, restore, renovate, move or demolish any structure on the property, 11I1til such time a-- final ad.- ini:>t-rati e action, as provided by this chapter, is coltipleted. lun)lication for Certificate- of Arnropriatentt s`' I. No building, structure'_, il11,proVelllellt, lan"'"S APe fuaturu 01' site within D ,!e COLif:ty which is designated purl- 1anL to Section 10 of this Chapter sil11 Lt-- erected, altered, restored, renovated, excavated, moved or demolished unLil an for a Lerti1 C tt" Ji .:pUrcC:i.'1a a L'•_':•.ac ;aIl_ -:i 2-_'.:: 31 lr-_'atures, lan.-iscape features or sit liT1UL'c-'(''::i'. llI� lay to and approved pursuant to the procedures in t::l:, Arr--:lit�'�;:'.:r features shall include, but not be limiter: to, the arct.it ctur ii st.-Ie, scaly, mas ina, siting, general design and general lri'any"m�.:lt of the exterior of the building or structure, including the typ'-:!, st% Ie and color of roots, windo;ls, doors and appur--.2nlnces . Archit�:-Otur_l features shall include, when applicable, interior spaces where interior designation has been given pursuaIlt to Section 10 of this hapter. Landscape features' an site improv_fiien silts C � F_ d «=• F tc 11 inclu i,�, but are not limited to, site regrrding, subsurface alterations, fill deposition:, pa'ving, lanC:;caping, walls, feances, courtyarG3, signs and e::terior lighting. No Certificate of Appropriateness shall be annro':ed unless the architectur: i plans- fcr said constr'lcti Ii, alteration, e::cavation, restoration, renovation, relocation or demolition is ap, ro,, ed by the Board. II. The Board shall de%elop procedures for making application for both a Regular and Special Certificate of Appropriateness. III. The Board shall adopt and may from time to time amend the standards by which applications for any Certificate of Appropriateness are to be measured and evaluated. In adopting these guidelines, it is the intent of the Board to promote maintenance, restoration, adaptive reuses appropriate to the property, and compatible contemporary designs which are harmonious with the exterior architectural and landscape features of neighboring buildings, sites arid streetscapes. These guidelines shall also serve as criteria for staff to make decisions regarding applications for Regular Certificates of Appropriateness. IV. Regular Certificates of Appropriateness - Based on the- guidelines for: preservation, the de::ignation report, a ccmpl ete al.plicati0n for Pegular Curtlfic,ate of Appropriateness, any additlonail plans, drawings or photographs to fully describe the proposed alteration chid any other guidelines the Board may deem necessary, the staff of the Board shall, within ten (10) days from the date a co.plete application has been filed, approve or deny the application for a Regular Certificate of Appropriateness by the owner(s) of a .. "' .. a^ 'Y 2gr.•.�yi: UT 'R. Abn ,4-3!♦n a L'.,d i n.di-, i iva l s i tt� , or .. ter -_ • .11 1...1 � • a .. t�J � ♦1 k _ .-�� ia. .J ..� a .� .... The fln'31:li75 JI the stafrL ihi7il b`' ilallt'1 a j r t. �k ; .� a ' n 1, 1 1 i.l r�� (� � t �l�s ii a ff c:1s1c111 �iC:�:�:ilT` lil'3Cj �: l :��:at,e:,,"'nt i. t_� �_ re ;aL�i-tatf t,�• oIliiE)r�•llil�al]i' il �)Ci;Cr�•. to chali-.-.na t-2 l staff e—c 4 1 " t i e C. „ ,. i :.i i o I1 k) �: rl � F) l ; 1 I 1 �� .. C r cl � l: • ;"t 1_ E: I' of App cpr--atenesss within thirt*.(-' ) dav-- of h.:! stclfi I ; firid,.nC:.. V .Special Certiflcatef-; of A. An applicant for a Special Certificate of cilil`?rvU.`iat'�IZeJJ Shall submit his application to the "Eoard pursuant _ tc eczicn 10 of tills Chc ptr?r and .lccofliCUan ,,,-,c 2 rip--J 1cZ~ion to the Board :ltil iilll plana and specs ic'itions, site- plan, and samples o% as deemed approLrlate by the Board to full: describe the proCeCe-- <�.y :'F:r3 i - • • :; 1 h l I1C_, , �� .t�� _ Or tui_��r i:a 3 gin:. arc..�tect::rG- des? coil of the building and any outbuilding, wall, courtyard, fence, 1aIlosc::ne featifre, pa%inn, signage and e::terior lighting. Tile apr ic--a :t . he:. l nro-,7ide adequate inn-crmat'_oI, to e::.-ab'le the Bo, rd to vist:alize th•-� effect of the proposed action on the applicant's building and its adjacent buildings and streetscapes. If such apo1ic::tion involves a designated archeological site the applicant shall provide full plans and specifications of work that may affect the sur-'ace and subsurface of the archeological site. B. The Board shall hold a public hearing upon an application for a Special Certificate of Appropriateness affecting property tinder its control. In such instances, notice and procedure of the ptlbl i c hearing shall be given to the property o,•:ner(s) by certified rlilil and to other interested parties by an advertisement in a newspaper of general circulation at least ten (10) days prior to the hearing. C. The Board shall act upon an application wltlllil sixty (60) days of receipt of ap�pl.icat.ion 111aterlals ad-uuately Cit.SCrlbl..✓j tiicl proposc:d action. Thc' Board .-hall approve, dui,.y, ui);;r :•i� 1i1 i"^.:1 F1c Ci LGLia an .ai'�';� ;.t :kt2�7I1, sl:�]::C' tc) 2 f:t' of ttima' f.icrltioli by the applicant, or suspeild action on the j,I)Oication for a period not to exceet? tjllrty ("0) d:l,'S 1.I1 OrdE r to se,-4k technical advice_ from oiitt; 1:1C lt.s nic-laber:s or to I.^,eet further wlt it ti:t= ctpl): lca!ic to rc :gist'_ or mc),.li-fy tl e appiicar-loI1. No 1' y C1 H • Mlle , 1J i�.,. rl -j 1. ll v11111 i J Jli /�r.i �..♦ Wr _t1:1 Evidence of apprvVal of 'C.Ihe � I'ai'L ID-2 b_ Cert.1 cafe of :-,0DrlDriatQn13S:3 iZSU13d bV t11,! 13011*d Or Lh�' f?ur-41 designated Stiff representative to the appLic anr, and '+;f11=e'L' 1i::; decision, notice in Writing shall be given to the wr.'iicant and '!-ie director of the Building and Zoning Department. :then an app1 Lcationl is denied, the Board's notice shall provide an adequate ,irittr2n explanation or its decisions to disapprove the application. The Board shall keep a record of its actions under this ordinance. vi. Cerlolition A. De::lolitionl of a designnted buy :d'ng, strlaCtUre, improvement or site may occur pursuant to an order of a government agency or a court of cc npet.ent j urisr:_cti onl or purtivanz to an application by the owi—er for a Special Certificate of Appropriateness. Ccver.nmcnt agc:ici o llaviily t.laC aii.c.ttvric.y to de.-olisil unsafe st-;uctures shall recei'.,e notice of designation of individual sites, districts or archeological zones pursuant to Section 10 of this Charter. The Board shall be deemed an interested party and shall be entitled to receive notice of any public hearings co:lducted by said government agency regarding demolition of any designated property. The Board may make recommendations and suggeotions to the governmentagency and the owner(s) relative to the feasibility of and the public interest in preserving the designated property. C. No permit for voluntary demolition of a designated building, struct :re, improvewent or site shall be issued to the owner(s) thereof until an application for a Special Certificate of Appropriateness has been submitted and approved pursuant to the procedure, in this Section. The Board may grant a Special Certificate of Appropriateness which may provide for a delayed effective date of up to onlr• (1 ) year. The effective date shall be determined b,, the Borard ba:.ed 11"-r311 relative significance of the structure and tllt� tim�, required to arran<;c an alternative to de-moliti011. During th,< demolitions delay peri6d, the wine-r shall make a good faith effort to st,ll or othe wipe dispose -of the subject structure at or be)oa fair market value to atly public or private person or age-ncy ..;hich gives a reasonable assurance of its willingness to preserve and restore such structure on its original site or on a TAW"MV r..r ;,: ..gin. , < �F�Irffft- Acer," ab., t e m No . �3 rov�-- d Ly t/1e ..OaL' .il•2 E. 0a II - JI.1c a *iz.h effort .iao n,,,t b<<-. -,•1lae b'. ii•`' O'rl lln' �t :l � r'�"^M:P ~ii" Certi':, cat'e of Ar.p l r " . rCJi'_.iC�Il ; 01 e .11'1'j l'UDI 1C tllal'l n :. Dll i..1 till do.1olitioll dela;.' tleriod, she Board ma". as it deem, -j nect3ssary to pr,�serve th" strLlCti1L''_ coricern,,•i, in accordanc`-- With the pu po..-,es of this ordinals'`. Such st'-'ps may ii-.chide, but shall not be Limited to, coIlsult:ltion With cl.Vic grout-,---, public agencies and interest': d citizens, recom11 endi.ltlons for acquisition of proce?rt_- b': public or private bodies or agenc-Les, and explorati n' of the pops bilit_- of movingone or more structures or other fewtu���. D. In addition to all othher orcvis-ions of thi' ordinance:, ti,e F:oaru shall consijer the iolio,.;tng cril--erla in evaluzating applications for a Special C :rtif lcate 0. r.pprGpriatene for dcniolition of designated urooerties: (a) Is the structure of such interest or quality that it would reasonably Meet national, state, or local criteria for deciar,ation as an histGric or architectural landmark? (b) Is the structure of such design, craftsmanship, or material that it could be reproduced only with great difficulty and/or expense? (c) Is the structure one of the last remaining examples of its kind in the neighborhood, the County, or the region? (d) Does the structure contribute significantly to the historic character of a designated district? (e) Would retention of the structure promote the general welfare of the County by providing an opportunity for study of local history, architecture, and design or by developing an understanding of the importance and value of a particular culture and heritage? (f) Are there definite plans for reuse of the property if the proposed demolitioIl is carried out, and what Will be the effect of those plan on the character of the surrounding Area? v I i by reason of particular site :ditlOn l all�l restraints, or becauwe of unusual circtivistancus applicable sole to tl;,: rarticul::r appllcallt, strict en-orce'l"Ient Of th'�• provisions of this ordinallcC• tacul.d rt--Lllt ill serlou� un L:e economic hardship to the applicant, the Boar, shall have the po-,-le'r to var.; of modify adherence to this ordinance; p.:ovideci always that its requlrellents 11 i QJnc T. C :n .lo . ensure harmony the gel.er-11 p11rCOSeS iLCIVE'.O: 3I1 '.J: _ .,:; --jj er0e. affect Dade Ccunt' . Gt11dFe1iI-iet: for .he_' -.i:pIi:at:.-1111 D1 ,:} ' �—??C-.l may be developed by the Board. 'III. No Building Permit shrill be issued by the Director of the Building and Eoning Department which affects anti desirinate:i property in Dade County without a Certificate of :appropriateness. IX- All work. perfor.iied pursuant to the issuance of an'i Ct'_rtlilcate of Appropriateness shall conform to the requirements of the Certi f;.ca e . -lie Counnty Manager shall desianate an appropriate official to assist the Bo::rid b1' making necessar_ inspections In cenr.ection with enforcement of this ordinance and shall be empowered to issue a stC^ %4oL": order if performance is not In accordance °riltl the lssu..-d certificate. No work: shall proceed as, long as a stop riOrr. v=dc_ Cui.I-_L eS 111 e _.L L COpleS Of lI1St�CCt1UI1 reports shall be f.;rnishud to the Board and copies of any stop .work orders both to the Bcard and the applicant. The Building Zoning Director or appropriate official and staff for the Board shall be resvonsible for ensuring that any work not in accordance with an issued Certificate of Appropriateness shall be corrected to comply with the Certificate of Appropriateness prior to withdrawing the stop work: order. X. For the purpose of remedying emergency conditions determined to be dangerous to life, health or property, nothing contained herein shall prevent the making of any temporary censtruchen, reconstruction or other repairs to a building or site in Dade County, pursuant to an order of a government agency or a court of c��1;:p��tent jurisdiction. The owner of a building damaged by fire or nat tir.:al calamity shall be permitted to stabili::e the building without Board approval, and to rehabilitate it later 11I7':'I" th.-: 11orm.11. roviuw prod-durt! -, of this ordinance. X1 . 11" 110 action 111JUI1 all cIj)'j)1iC.lt1JI1 iS taken within sixt_v (GU c3:1.1 from the date of al)JA i cation, Such application Shall be dc-eliied to have. betAl al)F)rovt:!d and no other evidence of arproval shall Le neutaed. This tim}, limit ma.r be waived by mutual written consent of the applicant and the Ploard. 0 • The ✓•-iud shall 1i,i' .? 2::r:iG'il♦ �.� i`_'":1�'1 IC�i �Or Certl..lCate of or�pl:'_a en":,s z-or ill :ii 1C�?C`: in however c'.,ned, by or pu;-iLC parti"�c. . Of th:4s ordinance shall apply �_2rjtta1L, t7 p:"7jr'Cts or 40r executed or assist:?d h' nisi pri''1tt? p'12 f _•, grve.'".nn,--_.nT_2L bod—i or ac7enc;', department, aut:;7ritY or bo ird of t:i!u Ci f_;', count-., or state. Sect: cn 1*2 m r.t.en.�rc�� of nesi:inated ?ronerti , Nothina in this orr'inance shall be con-1-trued to prevent th'-e ordinary_ m,--ii :tenance or repair of Zn-,e:--if'=error ejernent-7 of any bull.di::v or s:.ruCt:ire :ii;:.c:: liv', s not invol.7e a C�1"nC: _ oi: de ;.�:;n, apYa�traIice or and' i•;Ihi,.;h doe-3 Iiot require a buliCing C,-_, tlilcaLer to Dia 1. Wit►tir, an arc:,cologi cal ze :•e, new co nst-- ucticla, filling, digging, the re,c,al of trees, or any other activity that my alter or reveal an interred archeological site shall be prohibited Wit:o::t a Certificate to Dig. All applications to all appropriate municipal or county agencies involving new construction, large scale digging, the reT;lo-:al of trees or an,,, other activity that may reveal or disturb an interred archeological site, in an archeological zone shall require a Certificate to Dig before approval. Based on the d(_-oignation report for the archeological zone, a complete application fora Certificate to Dig and anv additional guidelines the Board may deem nucessar_: , t. ' staff of the Board shall, within ten days from the date the completed application has been filed, approve the application for a Certificate to Dig by the owners of a property in a dcsignated archeological zone. The Certificate to Dig may I)e :Wade Subject to spciclfied conditions, including but not li,nitLU to, con(iitiGI::' site c3XC:ay.,ition. III order to cc.:.p. r:it:: t::etic:: refit:_rc:r.el:tc of the Ce: tificat: to Dig, tt:e applicant m3_,` agree to permit tale County Archeologist to ccl.d;:ct excivation front t:e ti:r,e of the approval of tl:e Certificau.-, to Dig until the effective date thereof. The findings of the staff' S11.311 Gc' I:I.Illt'Cl to the applicant by req_':.Lered Inall pro:Iiptly. The applicant shall leave the opportunit',Y to chailenge the staff decision 4 or any conditions to the t: meeting of the Board. Th�� Board sL orl.-�!1_ after such s request and shall make C'-°it'r': effort t0 .'•7 :9!id reconsider the original stet i illecision to arrl :'r_' at ari decision. The decision of the Board shall bf2 reduced to :;ri tirlg within seven days from the date of the meetinr. II. approved Certificates to Dic3 - Approved Certificates to Di.g shall contain an effective date not to exceed si::ty (60) days at which time the proposed ac-1 ity mar, begin, unless the Board decides to desianate the sit- in question as an individual Site or district pursuant to Section 10 of tl.is ord4nance in which all the rules and regulations pertaiiiLng to the designation process shall acoly from the date the desicn-ntion repert has been filed. IIi. All wore: performed pursuant to the issuance of a Certificate to Dig shall con::orm. to the recuirements of such certificate. It shall be the duty of the appropriate goverrur,ent agencies and the staff of the Board to inspect from time to time any work pursuant to such certificate to assure ccmpliance. In the event work is performed not in accordance with such: certificate, the official designated by the County Manager pursuant to Section 11(IX) shall be empowered to issue a stop wor.' order and all work shall cease. No person, firm or corporation shall undertake any work on such project_ as long as such stop work order shall continue in effect. Section 14. Anneals Within twenty (20) days of the written decision of the Board, an aggrieved party may appeal the decision by filing a written notice of appeal with the Clerk of the Board of County Commissioners. The notice of appeal shall state the decision which is being appealed, the grounds for the appeal, and a brief summary of th(-- relief which is sought-. Within si ty (GO) d v s of the filing of the appt2zil or the first regular counr_,, coirmiissioz, meerin,, which is scheduled, whichovc-r is later in time, the Count;, Coni.;As siol: shall cGliclict a public hearing at which time then ma,, affirm, modif_,, or reverse the decision of the Board. Nothing contained herein shall preclude the County Corrmissio!i froth seeking additional information prior to rendering a fin -al decision. The decision of i � CQ�nlit1. . tom:'! No . the t,.>unt;' CommisSlan shall be in wrlt_nq and a .:oc 3t _:�e •deC1.,� shall be for.-,arded to the board and the party. it-hin the time prescribed by the 1pproUrlaze Florida RUles Of :,puellatC Procedure, .1 Uarty •aq-• rieved- by a decision of the County Coll`missioI1 may appeal all ad -verse decision to the Circuit Court in aIld for Dade County, Floric,11a. The party takinlg the appeal shall be required to pay to the Clark of the Board the sum of One Hundred Dollars ($100.00) to defray the costs of preparing the record on appeal. Sections 15. Penalties Failure by an oviner of record to comply with any prvvlsi,sn O.-LE this ordinance shall constitute a violation hereof and shall be punish ble by the Board by civil or criminal penalties - including a line of not more than $500.00 per day for each day the violation, continues and/or (60) days imprisonment in the county jail. In addition, the Board may require that any work perfcr-ed contrary to this ordinance must be removed and the property returned to its condition prior to commencement of said action. Section 16. Incentives All properties designated as individual sites in a designated district shall be eligible, upon application by the owner(s), for any available financial assistance set aside for historic preservation by Metropolitan Dade County contingent on the availability of fonds and the sccpe of the project as described in the application. Section 17. If any section, subsection, sentence, clause or 1. provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Suction 18. It is the intention of the Board of County Conimi s:lioners, and it is hereby ordained that the provioions of this ordinance shall become and be made a Part of the Code of Metropolitan Dade County, Florida. The sections of this ordillarlce way be renumbered or relettered to accompl-ish such intentioli, an"I the Word "ordinance" may be changed t0 eCt1011" , "article", Or other appropriate word. ?ace 'No. L' i .`- c.~...on •� Th1J Cr11i1 ��. I1 C: �_ shill ;.)C��Ui.�t-� .if r_t��.t��i P_ lien 1'J da.,s after the date of its enactment. PASSED AND ADOPTED: Approved by Count'v AttornelY as to form and legal sufficiellc.'. Prepared by: L lfiilYc7F;CPI'V!%1.2 iC:41f)NNDU%I Richard L. Fosmoen City Manager i Jim Reid, Director Planning Department January 5, 1981 �tLE Historic Preservation Planning Program Planning Department staff would like to hold a workshop with the City Commission at the earliest possible date concerning a pro- posed historic preservation program. Background This Department's work on historic preservation planning was initiated by recommendations in the Miami Comprehensive Neighborhood Plan and City Commission "Motion 79-326, dated May 22, 1979. City Com- mission approval of this program is -necessary at this time due to a number of factors including: a) expected adoption on February 3rd of a county -wide ordinance giving Metro Dade County jurisdic- tion over all development activity within historic properties unless municipalities adoptsimilar ordinances; b) completion of an historic sites survey by Dade County that identifies 2,000- 3000 properties of some known significance within the City of Miami; c) increased interest at the local and national level in recycling older buildings for economic revitalization and energy conservation; d) recent surges of redevelopment and change, haired with social pressures, that have contributed to a growing loss of community identity and pride. Objectives The multifaceted program is designed to stimulate awareness and pride in "Miami's cultural and architectural heritage, and to promote private sector investment in restoration of historic structures. Program Elements Following are projects, incentives, and programs which the De- partment proposes to undertake or to support througli other ap- propriate agencies: 1) Financial incentives for preservation and restoration of historic properties - federal income tax benefits local property tax relief r, • low interest CD loans for facade restoration 2) Technical assistance for restoration F O L L N' illustrated restoration guidelines and techniques A Richard L. Fosmoen Page 2 sources of materials and craftsmen salvage and reuse of building parts architectural review amendments to S. Florida Building Code January 5, 1981 3) Public awareness and education publication of books, posters, and pamphlets (pending National Endowment for the Arts grant) media coverage of activities Public schools program workshops for local property owners, business and political leaders. 4) Evaluation of Dade County Historic Survey computerization of data on 2,000-3,000 recorded sites evaluate significance of each site; identify po- tential historic districts develop policies for treatment of each class of his- toric property 5) Neighborhood heritage conservation plans citizen meetings and workshops to identify sig- nificant elements of neighborhood heritage, define policies and set priorities for conservation incorporate heritage conservation plans into I.ICNP G) Zoning related activities establish Heritage Conservation Board (abolishes and incorporates function of existing; Environmental. Preservation Review Board) establish Heritage Conservation (HC) zoning dis- tricts provide for conditional use permits -for adaptive reuse projects in IIC districts ' provide for special exceptions to setback, height, parking, etc. regulations in HC districts �� floor bonuses transfer o. �I I l provide for area and ,`.: development rights in HC districts. ..�,�� i- �' -�"I a c � � i_.. J Heritage Conservation Ordinance FOLLOW Over 500 U.S, cities with active, effective historic proser- vation programs have a municipal ordinance which sets .forth three basic actions: 1) a process for official. designation (or recog- nition) of historic sites and districts, 2) establishes a spe- cial review board of representatives from various professions and interest groups suited to deal with historic preservation issues, and 3) establishes procedures, standard; and guidelines for pub- lic review of proposed changes in historic properties. Staff has prepared such an ordinance in conjunction with zoning consultants, Fred Bair and Dr. Ernest Bartley, and the National Trust for 3istoric Preservation, Entitled Heritage Conservation P Richard L. Fosmoen Page 3 January* 5, 1981 (HC) districts, the ordinance provides for zoning overlay dis- tricts on individual sites or larger areas of significance based upon cultural, social, political., architectural, or archeological history. Any alterations or demolitions to structures within the overlay district would require approval by the Heritage Con- servation Board or its representative. (see draft ordinance, exhibit A). Rather than to create an additional new review board within the City of Miami, we propose to consolidate the functions of the existing Environmental Preservation Review Board into a single board concerned with conservation of the natural and the built environment. The new Heritage Conservation Board would be com- posed of eleven citizens representing environmental, historic preservation, and private development interests. (see draft or- dinance, exhibit B). An interim iiC district ordinance has also been proposed to pro- tect major historic sites until such time as the Heritage Conser- vation Board is operational. (see draft ordinance, exhibit C). Required Actions City Commission approval, in principle, is requested for the en- tire program package. In addition, the Commission should be specifically prepared to: a) consider adoption of the proposed Heritage Conservation zoning district ordinance and to establish a Heritage Conservation Board to administer the ordinance (see exhibits A and B attached). b) consider adoption of the proposed - Interim Heri- tage Conservation District ordinance (see exhibits C and D attached). c) consider adoption of a resolution endorsin;; the proposed Metro Dade County histor- ic preservation ordinance prior to its scheduled second reading on February 3rd (see exhibit E attached). JR:JAM: mb FV L L- I S a Exhibit A ARTICLE 16: HERITAGE CONSERVATION DISTRICTS GENERAL PROVISIONS Section Title Page 1600 Intent Concerning Creation of HC Districts 1 1600.1 Effect of HC District Designation 2 1601 Reserved (Definitions) 1602 Heritage Conservation Board 3 1603 Designation of HC Districts 3 1603.1 Procedures 3 1603.1.1 Proposals and Preliminary Evaluation 3 1603.1.2 Public Hearing by heritage Conserva- tion Board 3 1603.1.3 Planning Advisory Board Recommendations 4 1603.1.4 Decision of City Commission 5 1603.1.5 Moratorium 5 1603.2 Criteria for Selection of HC Districts 6 1603.3 Report, with Recommendations for Rezoning 8 1603.3.1 Proposed Boundaries for the District 8 1603.3.2 Recommendations Concerning Detailed Regulations 9 1603.3.3 Recommendations Concerning Required On - Site Parking 10 1603.3.4 Recommendations Concerning Reduction of Existing Lot Size 10 1603.3.5 Recommendations Concerning Special Features of Vegetation, Geology, Archeolo;y, etc. 11 1603.3.6 Recommendations Concerning Interiors 11 1604 Certificates of Appropriateness, Generally Required 12 1604.1 Classification of Certificates of Appro- priateness 13 1604.1.1 General Certificates of Appropriateness 13 1604.1.2 Individual Certificates of Appropriate- ness 13 1604.2 Procedures for Issuance of. Certificates of Appropriateness 1.4 1604.2.1 Pre -Application Conferences 14 1604.2.2 Application for Certificate of Appro- priateness 15 i t c% i'` !7 j• 1� a�.1i t � l t v FGLL0VV 4t Section Title Page 1604.2.3 Disposition of Application for General Certificates of Appropriateness 16 1604.2.4 Scheduling of Applications for Individ- ual Certificates of Appropriateness for Heritage Conservation Board Meet- ings 1604.2.5 Meeting Notice and Public Bearings 17 1604.2.6 Decision of the Heritage Conservation Board 18 1604.2.7 Appeals 20 1604.3 Guidelines for Issuance of Certificates of Appropriateness 20 1604.3.1 Alteration of Existing Structures, New Construction 21 1604.3.2 Demolition of Existing Structures 21 1604.3.3 Moving of Existing Structures 24 1604.3.4 Removal or Destruction of Designated Vegetation or Geological Features 24 1604.3.3 Provision of Off -Street Parking 26 1604.3.6 Reduction of Existing Lot Size 26 1604.3.7 Construction, Excavation or Other Disturbance in Archeological Zones 26 1605 Special Provisions for Administration and Enforcement in ►iC llistricts 1605.1 Heritage Conservation Board Request for Enforcement of Maintenance and Repair Provisions 1605.2 Ordinary Maintenance and Repair; Actions Requested for Protection of.Health or Safety- 1605.3 Enforcement 1605.4 Civl Remedy 27 27 27 28 28 / a aw ARTICLE 16. HERITAGE CONSERVATION DISTRICTS GENERAL PROVISIONS SECTION 1600. INTENT CONCERNING CREATION OF HC DISTRICTS Within zoning districts now existing or hereafter created, it is intended to permit creation of HC, Heritage Conservation, districts for individual properties or in areas having concentrations of properties which represent significant elements of the city's cul- tural, social, economic, political, archeological and architect- ural history. Regulations relating to H C districts are intended to: a) promote the eductional, cultural, economic, and general welfare of the public through the protection and enhancement of properties and areas which rep- resent significant elements of cultural, social, economic, political., archeological and architectural history of the city, state, or nation; b) safeguard the cultural, social, economic, political, archeological and architectural heritage of the city as embodied and reflected in such properties and areas; c) foster civic pride in the accomplishments of the past; d) preserve and enhance the aesthetic and environmental character, diversity, and interest of neighborhoods; e) stabilize and improve property values in neighborhoods and in the city as a whole; f) protect and enhance the city s attraction to residents, tourists, and visitors and serve as a support and stim- ulus to business and industry. 44oLiPpnr-_)TIVE _ j i i V ��S F OLLO ly rl rl Regulations relating to such districts are further intended to: a) prevent destruction of historic properties without due consideration for values represented therein or the possibility of preservation of the property for use in an economically productive way; b) assure that alterations in HC districts are compatible with the character of the district; c) assure that new structures, uses, or features, within HC districts or their visual environs, will be compatible with the character of the district; d) promote the preservation of historic properties by pro- viding for such incentives as economically productive adaptive uses, transfer of development rights, floor area bonuses, and special regulations relating to parking, setbacks, and other elements of zoning authority. SECTION 1600.1 EFFECT OF HC DISTRICT DESIGNATION Such IIC districts may: a) supplant zoning districts or portions of districts and the regulations applying therein at the time of creation of a particular IIC district; or b) have the effect of modifying requirements, regulations, and procedures applying in existing zoning districts or districts hereafter created, and remaining after HC districts are superimposed, to the extent indicated in r s L Y M the particular HC amendment; and/or c) create such additional requirements, regulations and procedures as set forth in this Article. SECTION 1602 HERITAGE CONSERVATION BOARD The Heritage Conservation Board as established under Chapter 62 Article of the Miami City Code shall be responsible to effect the provisions of this Article. SECTION 1603 DESTGNATION OF HC DISTRICTS 1603.1 PROCEDURES The heritage Conservation Board shall make recommendations to the City Commission concerning all properties and areas for designa- tion as IIC zoning districts. 1603.1.1 Proposals and Preliminary Evaluation Proposals for designation of individual properties and districts may be made to the Board by any one of its members, the Planning Department, the Dade County historic Preservation Board, or any interested citizen. The Board shall conduct a preliminary evalua- tion of available data for conformance with criteria set forth in Section 1603.2; and may if appropriate direct the Planning Department to -prepare a formal designation report pursuant to Section 1603.3 of this Article. 1603.1.2 Puhlic IIearin-o By Heritage Conservation Board Within forty-five (45) days from filing of the completed designa- tion report, the Board sliall conduct a Public Hearing with notice "SU PPOR F !VE 3- DQCU ENTS r- /1 f f /'V ! A 11 f as set forth in Section 62-55 (a, b, c, and d) of the Miami City Code. If the Board finds that the proposed HC district meets the intent and criteria set forth in this Article, it shall transmit such recommendation to the City Commission along with the designa- tion report and any additions or modifications deemed appropriate. Tf the Board finds that the proposed HC district does not meet the intent and criteria in this Article, no further action shall be required. 1603.1.3 Planning Advisory Board Recommendations Following a favorable recommendation by the Heritage Conservation Board, a proposed HC district shall also be reviewed by the Planning Advisory Board unless both of the following conditions are met: a) the proposed iiC district regulations do not change any existing zoning district regula- tions such as use, height, floor area ratio, setbacks, parking, etc.; and b) the HC district was proposed in a neighborhood community development or heritage conservation plan previously reviewed and approved by the Planning Advisory Board. If the above conditions are not met, the planning Advisory Board shall hold a public hearing with notice pursuant to Section 62-55 (a, b, c, and d) of the Miami City Code, within thirty (30) days from issuance of a favorable recommendation by the Heritage Con- servation Board. Recommendations of the Planning Advisory Board shall be based upon impacts of the proposed HC district on the "SU"Orl"MVE -a- DNUI --:_ TS . FOLLOW" .. �., ...;.._... •;r-.h. ..u_:.,.-i..-e-rs.n^.os�st-a>v��e�e�*.z.�-��xnr:r.:, cvFaxeraac..•cx.. Ll A Miami Comprehensive Neighborhood Plan or other adopted planning and zoning policies, but should not involve an evaluation of the historical significance of the district. 1603.1.4 Decision of City Commission Within thirty (30) days following receipt of all applicable rec- ommendations from the Heritage Conservation Board and the Planning Advisory Board, the City Commission shall hold a Public Hearing, with notice pursuant to Section 62-55 (b, c, and d)of the Miami City Code, and render a decision regarding the proposed rezoning. Approved HC districts shall be adopted by ordinances which incorp- orate the provisions of the designation reports. 1603.1.5 :Moratorium Upon filing of a formal designation report with the Board as pro- vided in Section 1603.1.1 and 1603.1.2, no permits shall be issued by the Building Department for any new construction, exterior renovation, moving, or demolition on the real property which is the subject matter of the designation report, until such time as final action is taken by the City Commission regarding the proposed HC rezoning. ---------- ------ I As an alternative to the previous Sections 1603.1.3 and 1603.1.4 the following may be recommended: 1603.1.3 HC Rezoning Following a favorable recommendation by, the Heritage Conservation Board, actions and procedures shall be as for amendments to the i official zoning atlas provided in Article 35 of the rnmpxehen-,Lz- 3oning Ordinance. "SU 0 i , !E 1603.2 CRITERIA FOR SELECTION OF 14C DISTRICTS All individual properties or areas eligible for designation as HC districts must contain a quality of significance in local, state or national history, architecture, archelology of culture and possess integrity of location, design, setting, materials, workmanship, feeling and association, and: a) associated with events that have made significant contribution to the broad patterns of our history; or b) associated with the lives of persons significant in our past; or c) embody the distinctive characteristics of a type, period, or method of construction, represent the work of a master, or possess high artistic values, or represent a significant and distinguishable entity whose components may lack individual dist- inction; or d) have yielded, or may be likely to yield, information important in prehistory or history. Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past.50 years shall not be considered eligible for the N'atlotial Regis.ter. However, NTS FOLLOW such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: a) a religious property deriving primary significance from architectural or artistic distinction or historical importance; or b) a building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or c) a birthplace or grave of a historical figure of outstanding importance if there is no other appro- priate site or building directly associated with his productive life; or d) a cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or e) a reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration masterplan, anal when no other building or structure with the same association has survived; or -/- "SUPPORTIVE D0.( U IM, E N T S FOLLOW" Q f f) a property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical sig- nificance; or g) a property achieving significance within the past 50 years if it is of exceptional importance. 1603.3 Report, With Recommendations For Rezoning A report submitted with the recommendation shall establish and define the historic and aesthetic character of the district and describe structures and features of substantial public signifi- cance, present trends and conditions, and desirable public ob- jectives for future conservation, development,and/or redevelop- ment. Such report shall identify the proposed zoning by the HC prefix and a numer identifying the particular district, as for example, HC-1, together with whatever other identification appears appropriate, and shall contain information and proposals as indi- cated below concerning the areas, structures, landscape features, and/or archeological sites proposed for such regulation. 1603.3.1 Proposed Boundaries For The District The recommendation shall include a map or maps indicating the precise boundaries of the proposed HC district and any sub -areas established within the district for purposes of IIC regulations. Proposed bundaries may include properties which individually have no known historic, cultural, social, or architectural significance, "SUPPORTIVE FOLLOW'' _... ..:.. s M=.:'•'-5. .. "fia•.`*F ..:-ac."Ei '$�'=.N-+,avr.:. ,.;2rabtr.-.k�:r�..Y::.i.+. P ;a but which are visually related to significant properties in such a way as to require regulation in order to control poten- tially adverse environmental influences on the character and integrity of significant properties. Where reasonably feasible in relation to the purposes of HC zoning, general boundaries shall include frontage on both sides of streets, divide the proposed district from other districts at rear lot lines, side street lines, or at other points where divisions will create minimum inter -district frictions. 1603 2 2 Recommendations Concerning Detailed Regulations The report shall include proposed detailed regulations to be applied within the district. Such regulations may be designed to supplant or modify any element of existing zoning regulations within the district, including but not limited to use, floor area ratio, density, height, setbacks, site plan approval, etc., or create any additional regulations provided for in this Article. Where elements of the existing zoning district are subs-tantially modified and where the individual or cumulative impact of such changes on the surround - ins; area cannot be accurately predicted, the report may recommend that Class C or Class D Special Permits be required as provided in Article 23 of this Ordinance. The report may identify individual structures, landscape features, or archeological sites or categories of structures, landscape -9- "SUPPORTIVI. DaCU': i FOLLU41) r 0 features, or archeological sites for which different regula- tions, standards, and procedures may be recommended. Such regulations may require, for a particular district or its sub -areas, certificates of appropriateness in addition to those required generally in Section 1604 below. 1603.3.3 Recommendations Concerning Required On -Site Parking Where required on -site parking is impracticable or would have adverse effects on the appearance of property or the district, or would mace impracticable economic use of historic structures to the extent required for their preservation and maintenance, or would otherwise be detrimental to the character of the district, the report may set forth general guides and standards for off -site parking or modification of minimum on -site parking requirements. 1603.3.4 Recommendations Concerning Reduction of Existing Lot Sice To the extent that the present pattern of lotting and lot owner- ship contribute to the character of H C districts, it is intended by these regulations to encourage continuation of such patterns, and to prevent further fragmentaton of land ownership likely to have aii adverse effect on the character of such districts. There- fore, the report may recommend that no existing lot or combination of lots, parcels, or portions thereof in single ownership at the time of zoning; to IIC status shall thereafter be reduced in width, depth, or area within any IIC district except in accord with a -R Certificate of :\ppropriziteness `: - 111 - ,y �> .�J t I � Y T S V FOLLOW ,. �, .....-.,, :.: : :. .�.,:�, :v.,_-. .:- ......,•s.a. :: a.,u:.: r.. -',.:. r .x�s _, �..,._-. .. ,.>..dL';fi."+, +�{l'M eIA. ::?'d 3.rS-M7atns�_e is .t. v... a.. ,. _.r ,.. ., a=a ,,...�.. ., ... ...;srttarae-- A 1603.3.5 Recommendations Concerning Special Features of Vegetation, Geology, Archeology, Etc. As appropriate to the circumstances of the case, the report shall identify and locate special features of vegetation or geology, or areas of archeological significance within the district, as necessary to guide regulatory treatment for conservation, and in the case of vegetation, to promote further plantings of the same or complementary nature in order to enhance the character of the district. 1603.3.6 Recommendations Concerning Interiors Normally, interior spaces shall not be subject to design regula- tion under this Article; however, in cases of existing, structures having exceptional architectural, artistic, or historical import - ante, interior spaces which are customarily open to the public may be specially designated. The report shall. describe precisely those features subject to review and shall set forth standards and guidelines for such regulation. �F .41' SECTION 1604. CERTIFICATES OF APPROPRIATENESS, GENERALLY REQUIRED No person shall carry out or cause to be carried out any of the following actions within an HC district without first obtaining a Certificate of Appropriateness (and any other special permits and approvals required in particular HC districts.): a) Changes in exterior appearance of an existing structure by additions, reconstruction, alteration, remodeling, or maintenance involving change in color, form, texture, or materials, or changes in appearance of specially designated interiors; or b) Erection of new structures; or c) Demolition or moving, in whole or in part, of existing structures; or d) Removal, relocation, concealment, or effective destruc- tion by damage of any significant vegetation, geological, or archeological features so designated in the particular HC district; or e) Provision of off-street parkin; for three or more vehicles visible from public ways; or f) Subdivision of existing; property ownerships. No permits shall be issued by the zoning administrator or his authorized agents for any work requiring a Certificate of Approp- riateness unless such work is in conformance with an approved Certificate. Ulu �r FOLLOW a a The Board shall have the authority to issue Certificate of Appropriateness for all property in IiC districts, however owned by either private or public parties. The purposes of this ordinance shall apply equally to plans, projects or work executed or assisted by any private party, govern- mental body or agency, department, authority or board of the city, county, or state. 1604.1 Classification of Certificates of Appropriateness Certificates of Appropriateness shall be divided into two classifications, general and individual, defined as follows: 1604.1.1 General Certificates of Appropriateness Defined General Certificates of Appropriateness arc those based on such specific guides and standards as may be officially adopted by the Heritage Conservation Board and for which issuance of nec- essary permits has been authorized by the Board if otherwise lawful, upon findings by the Administrativo Assistant that proposed actions are in accord with such official guides and standards. 1604.1.2 Individual Certificates of Appropriateness Defined Individual Certificates of Appropriateness are those involvin; situations where no specific rules or standards coverin.o the case have been evolved and officially adopted by the heritage Conserva- tion Board and/or where the scope or complexity of a particular -1 3- DO!'-'U M EN i S FOLLOW 9 f situation requires detailed determination by the Board, and issuance of a special Certificate. 1604.2 PROCEDURES FOR ISSUANCE OF CERTIFICATES OF APPROPRIATENESS 1604.2.1 Pre-Annlication Conferences Before applications for Certificates of Appropriateness or building or other permits requiring such Certificates may be accepted, the prospective applicant shall confer with the Administrative Assistant to the Heritage Conservation Board concerning the nature of the proposed action and requirements related to it. The Administrative Assistant shall inform the applicant as to officially adopted guides and standards of the Board bearing oil the proposal, and advise him as to whether com- pliance with such guides and standards would authorize the action proposed under a general Certificate of Appropriateness or whether an individual Certificate would be required. lie shall further advise the applicant whether any C1asS C or Class D Special Per- mits would be required from the Planning Director or Zoning Board regarding modifications from the underlying zoning district. The Administrative Assistant shall further advise the prospective applicant of the nature and details of plans, designs, photographs, reports, or other exhibits required for determinations in the class of case involved, and to be submitted with the application. Where such advice involves prospective applications for individual Certi- ficates of Appropriateness, it shall riot preclude the Board from -14- D l_JI�,iL-i"k!.1 J ", requiring additional material prior to making its determina- tions in the case. At the request of the applicant, the Administrative Assistant, or any member of the Board, an additional pre -application con- ference shall be held between the applicant and the Board or its designated representative. The purpose of such conference is to further discuss and clarify conservation objectives and design guidelines in cases that do not conform to established ob j e c t i ve s. —and--des-i , n•--g a i-d e- i-ne•s-4-it--c-ases—t-}rah—cl -t-o—est-rrbl-i objectives and guidelines. It is the intention of this Article that pre -application con- ferences be held as early as possible in the planning and design process to avoid expenditure of unnecessary time and effort on plans not in conformance with standards for the 11C district. :\pplications for Certificates of Appropriatones s should be sub- mitted and acted upon prior to completion of working drziwings. 1604.2.2 Application For Certificate of. Appropriateness Following the pre -application conference or conferences indicated above, the applicant, if he desires to proceed, shall submit to the Administrative :'Assistant an application, indicating; the type of certificate sought, together with supporting exhibits and other materials required in the case. No application shall be -ls- ���,UI" T1,V 0 deemed to be filed until all supporting materials required have been provided, and any established fees paid. 1604.2.3 Disposition of Applications For General Certificates Of Appropriateness Where the action proposed in an application for a general certi- ficate is clearly in accord with guides and standards officially adopted by the Board, the Administrative Assistant shall, within five (5) working days of receipt of the completed application, issue a general. Certificate of Appropriateness, indicating in writing, conformity with specified guides and standards. Follow- ing such certification, permits dependent upon it may be issued if otherwise lawful. Where the Administrative Assistant finds that the action proposed in an application for a general Certificate of .\ppropriateness is not clearly in accord with guides and standards officially adopted by the Board, the Administrative Assistant shall, within five (5) working days of receipt of the completed application, deny certifi- cation with written reasons therefore, and further permits dependent upon such certification shall be withheld. If a general Certificate of Appropriateness is denied by the Admin- istrative Assistant, the applicant may further apply for an individ- ual Certificate without prejudice, folloicing procedures and require- ment set forth regarding such Certificates. 1604.2.4 Scheduling Of Applications For Individual Certificates Of Appropriateness For Heritage Conservation Board Meetings When an application for an individual Certificate of Appropriate- ness is received in due form, with all required supporting materials, the Administrative Assistant shall place the application on the agenda of the next regularly scheduled meeting of the Heritage Conservation Board to be held no less than ten (10) days or no more than forty-five (4S) days from the receipt of the completed application, except where the applicant has agreed in writing to a longer period of. time. 1604.2.5 Meeting Notice And Public Hearings In all cases, written notice of the time and place of the meeting at which the application for the individual Certificate of Appro- priateness is to be considered shall be sent to the applicant at least ten (10) days in advance of such meeting. h'ritten notice with similar timing shall also be sent to such other parties as are required by the rules of the Heritage Conservation Board, and shall include a description of the matter to be considered. Such notice shall also be sent to all persons or organizations filing written requests for such notices, generally or in speci- fied classes of cases, and paying; any fees established therefore. In any case, public hearings may be held, with such additional notice as is deemed appropriate by the Board, but formal public hearings, with notice as described in Section 62-SS of the Miami "SUP. P10RTIVE D0Cul f�1 EN 1 S FOLLOW" f f City Code shall not be required except as specified in regula- tions for individual HC districts. Generally, individual HC district regulations shall require public hearings on applica- tions for demolition or moving of all significant structures or features. 1604.2.6 Decision Of The Heritage Conservation Board The hearing shall be held at the time and place indicated in the notice. The decision of the Board shall be based upon the guide- lines set forth in Section 1604.3, as well as the general purpose and intent of this Article and any specific planing objectives and design guidelines officially adopted for the particular HC district. The Board may seek technical advice on any application from the Planning Department or any outside consultant. The decision of the Board shall include a complete description of the reasons for such findings, and shall direct one or more of the following actions: a) issuance of an individual Certificate of Apprc^riateness pertaining to plans and designs as sub,:�itted t':e applicant; or b) issuance of an individual Ccrti:"iczte c: A-7 : ri teness with specified modifications and agrool, to by the applicant; or c) denial of a Certificate of Appropriatonoss; or i ��0VV a d) issuance of an individual Certificate of Appropriate- ness with a deferred effective date in cases of demolition or moving of a significant structure or feature or any work potentially affecting an archeo- logical site, pursuant to the provisions of Section 1604.3.2, 1604.3.3 and 1604.3.7. The decision of the Board shall be made available to the applicant within forty-five (45) days of the receipt of the application in due form, except where the applicant and the Board, or their authorized agents, agree in writing to a longer period. Such agreement may be made at any time within the forty-five (45) day period indicated, and may subsequently be similarly extended. Any authorized Certificate of Appropriateness, shall be issued by the Administrative Assistant within three (3) days. Any subsequent changes in the proposed work contrary to an approved Certificate of Appropriateness shall require a now application and Certificate pursuant to Sections 1604.2.2 through 1604.•2.6. Failure of the Board to act within time limits established shrill be deemed approval of the Certificate, and upon request of the appli- cant, the Administrative Assistant, shall issue or authorize issu- ance of any permit dependent upon such certification, if otherwise lawful, recording as authorization the provisions of this Section. Copies of all decisions and Certificates of'Appropriateness shall be filed with the City Clerk, the Building Department and the Board. FOLLOW 13 or 1604.2.7 Appeals Any citizen may appeal any decision of the Heritage Conservation Board as it relates to this Article to the City Commission by filing within fifteen (15) days after the date of the decision, a written notice of appeal with the City Manager, with a copy to the City Clark, which shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee of twenty-five dollars to cover cost of publishing and mailing notices of 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 re- view, and no petition for rehearinc, or reconsideration shall be considered. 1604.3 Guidelines For Issuance of Certifications of Appropriateness No Certificate of Appropriateness shall be issued unless the Board finds that such issuance is in the public interest as set forth in the purposes and intent of this Article, Section 1600; or that failure to issue such Certificate would result in an unreasonable economic hardship for the owner. Any application supported by a claim of unreasonable economic hardship, must contail all finan- cial information deemed necessary by the Board to substantiate such claim. <<► I "� �1����tl "'! f -20- , ° ,i° fi 'i� OML A& In addition, in making determinations concering general or individual Certificates of Appropriateness, the Board shall be guided by the objectives and regulations specified in the ordinance creating the particular HC district; by any specific guides and standards subsequently adopted by the Board; and by general guides and standards as described in this Section. 1604.3.1 alteration of Existing Structures, New Construction Generally, for applications relating to property in HC districts, the proposed work shall not adversely affect the exterior archi- tectural features of the subject property or the relationship and con,ruity between the subiect structure or feature and its neigh- boring structures and surroundings, including form, spacing, height, setbacks, 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 historical, architectural or aesthetic interest or value of the district. Except where special standards and ,uidelirics have been specified in the ordinance creating a particular HC District, or where the Board has subsequently adopted additional standards and ,Lidclii for a particular HC district, decisions relating to alteration or new construction shall be guided by the US Department of Housing and Urban Development's Guidelines for Rehabilitating Old Buildings. 160.1.3.2 Demolition Of Existing Structures The Board shall consider any or all of t}ie fol_lowin, criteria in determining whether to approve an application for demolition of t FULL W" an existing structure: a) Is the structure of such interest or quality that it would reasonably meet national, state, or local criteria for designation of as an historic or architectural landmark? b) Is the structure of such design, craftsmanship, or material that it could be reproduced only with great difficulty and7or expense? c) Is the structure one of the last remaining examples of its hind in the neighborhood, the City, or the region? d) Does the structure contribute significantly to the historic character of the HC district? e) Would retention of the structure promote the general welfare of the City by providing an opportunity for study of local history, architecture, and design or by develop- ing an understanding of the importgLnce and value of a particular culture and heritage? f) Are their definite plans for reuse of the property if the proposed demolition is carried out, and what will be the effect of those plans on the character of the surrounding area? As provided in Section 1604.2.6 (d), the Board may grant a Certificate of Appropriateness with a delayed effective date up to one year. The �_ LLOW � a a effective date shall be determined by the Board based upon the relative significance of the structure and the probable time required to arrange an alternative to demolition. During the demolition delay period, the owner shall make a good faith effort to sell or otherwise dispose of the subject struc- ture at or below fair market value to any public or private per- son or agency which gives reasonable assurance of its willingness to preserve and restore such structure on its original site or on a site approved by the Board. If the Board finds that such good faith effort has not been made by the owner, it may invalidate (revoke) the Certificate of Appropriateness, following a public hearing. During; the demolition delay period, the Board may take such steps as it deems necessary to preserve the structure concerned, in accord- ance with the purposes 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 moving one or more structures or other features. In connection with any Certificate of Appropriateness, general or individual, for demolition of structures in an HC district, the Board may requi re at the ownerIsexpense, salvas;c and preservation -2 3- "qUi�-` RTIVE D0\,"-'*. U ► t" ITS FCCLLOVV" r for re -use in restoration, in the district or in other appro- priate locations, of specified classes of building materials, architectural details and ornaments, fixtures, and the like. 1604.3.3 Moving Of Existing Structures Generally, moving of significant 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 building on its ori- ginal site and that the proposed relocation site is compatible with the historic and architectural integrity of the structure. As provided in Section 1604.41.6 (d), the Board may issue a Certi- ficate with a delayed effective date, in order to explore alterna- tives to moving the structure in question. 1604.3.4 Removal Or Destruction Of Designated Vegetation Or Geological Features: No Certificate of :Appropriateness for removal or destruction of desig- nated vegetation or geologic features shalI be granted unless one of the following condition:; exists: a) The designated vegetation or geologic 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 b) the designated vegetation is inappropriate in a historical context or otherwise detracts frost the character of an HC district; or tcC+l 1r)D'no-��1/�"' l_.. ._1 E \ �l E L.. N a S c) the designated vegetation is diseased, injured, or in danger of falling, unreasonably interferes with utility service, creates unsafe vision clear- ance or conflicts with other provisions of this Code or other ordinances or regulations. a As a condition contained in the Certificate of Appropriateness, the applicant shall be required, where practical, to relocate, remove or replace designated vegetation on the site as follows: a) All designated vegetation which is to be removed may be relocated on the site within the building area or the yard area. b) If it is impractical to relocate vegetation which must be removed on the site, the city may require that the vegetation be removed and replanted on city -owned property at the city's expense. c) In the event that designated vegetation is permitted to be destroyed, an applicant maj- be required to re- place the vegetation with new plants of comparable size, nature and beauty, as determined by the Board. In no instance, however, shall a tree replacement be less than fifteen feet in hei-lit and three inches in diameter. -25- FO L L&VC 0 ff 1604.3.5 Provision Of Off -Street Parking For Three Or More Vehicles, Visible From Public Nays: In reviewing applications for Certificates of Appropriateness for required on -site parking within an HC district, the Board shall consider the visual impact of the parking on the character and integrity of the HC district, and may require such arrange- ment, location or screening as necessary to protect the visual integrity of the district. If permitted in the particular HC, district ordinance, the Board shall encourage location of parking in designated remote sites or areas. 1604.3.6 Reduction Of Existing Lot Size In reviewing applications for Certificates of Appropriateness for subdivision of existing property ownerships, the Board shall con- sider the computability of the resulting development with the character of the HC district as it is defined by the pattern of land ownership and existing development. 1604.3.7 Construction, Excavation or Other. Disturbance In Arc}ieolo�ical Zones. In cases where new construction excavation, tree removal, or any other activity may reveal an interrred archeological site, the Board may issue a Certificate of Appropriateness with a delayed effective date, up to forty-five (45) days. During the delay period the applicant shall permit the subject site to be excavated under the supervision of the Dade County Archeologist. A Certificate of Appro- priateness may be denied if the site is of exceptional importance and such denial would not unreasonably restrict the pr `mp•t W'g the property.TS 6 rU L LOfl!„ • a a SECTION 160S SPECIAL PROVISIONS FOR ADMINISTRATION AND ENFORCEi\}ENT IN HC DISTRICTS 1605 1 Heritage Conservation Board Request For Enforcement of Maintenance and Repair Provisions. Where the Board or the Adminstrative Assistant determines that any structure within an HC district is endangered by lack of mainten- ance and repair, or that other structures in visual proximity to HC districts lack maintenance and repair to such an extent as to detract from the desirable character of the HC district, it shall request appropriate officials or agencies or the City to require correction of such deficiencies under authority of applicable laws and regulations. 160S.2 Ordinary Maintenance and Repair; Actions Required For Protection Of lfealth Or Safetv Nothing in this Article shall be construed as preventing ordinary maintenance or repair of any exterior elements of any structure so long as existing exterior appearance and materials are maintained rather than chanced. For the purpose of remedying emergency conditions determined to be dzuigerOUS to life, health or property, nothing contained herein shall prevent the making of any temporary construction, -recon- struction, demolition or other repairs to a building or site in an HC distiict pursuant to an order of a government agencl- or a court of competent jurisdiction, provided that only such work as is reason- ably necessary to correct the hazardous condition may be carried out. ID P In the case of necessary demolition, prior notice of such action shall be given to the Board and the Board shall have three (3) days in which to comment. The owner of a building damaged by fire or natural calamity shall be permitted to stabilize the building immediately without Board approval, and to rehabilitate it later tinder the normal review procedures of this ordinance. 1605.3 Enforcement The Department of Building and Zoning Inspection shall assist the Board by making necessary inspections in connection with enforcement of: this Article. The Zoning Administrator, as provided in Article 34, shall be responsible to promptly stop any work attempted to be done without or contrary to any Certificate of Appropriateness required under this Article. No work shall proceed as long as a stop work order is in effect. The Administrator shall further be responsible for ensuring that any work not in accordance with an issued Certificate of Appropriateness shall be voluntarily corrected to comply with the Certificate or that authorized civil and criminal prosecution is initiated promptly. 160.9.4 Civil Remcdv Any person who carries out or causes to be carried out any work in violation of this Article shall be required to restore the subject structure, feature, or site either to its appearance prior to the FOLLOW" a a . violation or in accordance with a Certificate of Appropriateness approved by the Board. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty as defined in Section 3410. -20- SL!►:c0; TIVE D0 U I' EN-S FOLLOW" Exhibit CHAPTER 62 1I I A.M I CITY CODE ZONING AND PLANNING ARTICLE VII IIERITAGE CONSERVATION BOARD Sec. 62-70 Establishment There is hereby established a board, to be knol:-n as the City heritage conservation board, for the purpose of carrying out the provisions of Article 16 of the Comprehensive Zoning; Ordi- nance and Chapter 17 of the. Mi;tmi Cite Code. Sec. 62- 71 Membership The heritage consurvation board shall consist of' eleven (11) memb(rs, to be appointed by the: city commni.ss.ion. a) ni.i;il.i fi.catic)rls. It is intended that meml.)ers of the heri- taL e conservation hoard establi.ti ied b; this article shall be g; :nc r;tlly pc�r:�c)n:� of.' kno�`:led;;� , e3.xpuriencc , mature jucl-(emc,nt and bacl. ,r(-)urld , h;L%• i.n, a1)i li t\• Lind c}cr: i.r(I to rtct in tjle t)ub].i.c int(?re:;t ;111C1 rt:l)1 e�rntin in:;c.),':ir a:; m;ty be pcis ib]c.�, the various 5pc`c].al 1)ro!'es 1( naI tr:l i ll_i tlg, (,%jwri enco, and i nLer- est.s rrclui red to IMLkc� i ni'c)t nlc d and egll t.lblz� decisioils cotl- cerni n;; con ,c!rt•at.Ec)il and prol.l:.ction of the phy.,iie.11 eliviron- mint. To th;it rile}, (Ilial.i.ticat .ioils of ►"willhol•S shall be as fc)l.lc)v`: : 1) Oil,-, (1) rlcr.11)c`r ;,h;ca1 1)c, ;;►1 at^c•hitr-c-t: rogi>;torod ill Lh(� ;t..Lo of I liwida 2) O11" ( 1 ) rncatbc.r sh;L11 1)c) 011 hisLori;111 or archi tect.ural i'i_cqj J)y me :tu:; ()f c.cj1ic.1Lion or c�xpc�rictncc� and h:t� i cj, t:lc�n:,t.r;ltc:ci I:n,):`; Ic`clr;c� and i nt,rrc�tit in 1)adc� Cc)unt.�• hi:;tnry or archi t.1`ctur;tl. hisLorv. FOLLOW le If 3) One (1) member shall be an experienced realtor or building contractor licenced by the State of Florida. 4) One (1) member shall be a person experienced in the field of business or finance. 5) One (1) member shall be a landscape architect re- gistered in the State of Florida. 6) One (1) member shall be an experienced nurseryman (licenced by the State of Florida), or an experienced professional horticulturist or botonist. 7) One (1) member shall be an attorney and member of the Dade County Bar Association. 5-11) Four (4) members shall be citizens with demonstrated knowledne and interest in the historical and architec- tural heritage of the City and/or conservation of the natural envirCnment. b) Procodure For Appointment. No appointmont dial l be made by the city commi:;sion to membership on the heritage collser- vation board until the colnmi.ssion shall ha"re given notice ill a newspaper of general circulation in tho city of the vacan- cies at least thirty (30) days prior to the making of an appointment, and shrill Have solicited and oncotlraped the public and professional or citizen organizations wi.tllin the at•c�,a havi n„ interest in and knowledcre or the ptirpo.sws and intent of tII' 110rit:lgi, C011:;Crvati011 1)U,Ir(i to 5L11)111it Ilam(�S of 1)0rsoI15 a11dIn th(,i r qualifications for consideration as prospective appointoos of the board. At least five (5) day:; prior to the makili of and`-" al)llointmont tho city con,illissioll sll:cll call -SO to have I, ailable C) '• to thf� public, and -Sh,111 l)ubliCly make ',111nuLille ement of the facts �=• ." that the list of the names submitted, to (-itlier with a short W ('T 2 statement of the qualifications of each person, is prepared and available for public inspection and consideration. In reaching decision on appointment, the city- commission shall give due consideration to the names thus submitted. In addition, the city commission shall, at least five (5) days prior to the making of any appoi_ntme;nt, cause to have available to the public, and shall publicly- make announcement of the fact, that the names of prospective nominees submitted by members of the city commission and a short statement of tualifications of such persons are available for public inspection and consideration. iti'O person shall be appointed to membership on the heritage conservation board whose name and qualifications have not been made publicly available in the manner set out. c) Terms of Office. ytrmbers of the horiCage conservation board shall be appointed for three year terms, excppt that members of the first i)oard appoint(. d under this article shall be appointed as follows: four (•1) IIiC'Inlier s for a term of on(-(].) yejr, foul, (,I ) members for a term of two (2) years, and three (3) monlbers for a torm of three (3) years. Mombers may be reappointed to cojil r'cu- tivo terms, subject to the precedures in tyart (b) above. • L i t! ,t F TS +.. 3 d) Vacancies. Vacancies in the membership of the heritage conservation board shall be filled by the city commission in the manner set forth in part b above, and shall be only for the unexpired term of the member affected. e) Removal. Members of the heritage conservation board may be removed for cause by vote of not less than three (3) members of the city commission; however, whenever a member shall fziil to attend three (3) consecutive meetings, the chairman shall certify same to the city commission. Upon suc}1 certification, the member shall be deemed to have been removed and the city commission shall fill the vacancy pursuant to part d above. Sec. 62-72 Functions, Powers and Ditties, Generally In addition to such other/power, duties and authority as may be set forth elsewhere in the City Code or Comprehensive Zoning Ordinance, the heritage conservatin,lhoard is hereby authorized to: 1.) M.Iintain and L11)(1.1te files from the Dade County Historic Survey within the City of Miami for the purpose of determining and promoting those properties and neighbor- hoods of special historic, aesthetic, architectural, archeological, C111A r;il, social, or political value w or interest. It shall endeavor tQ improve and expand { the Survey with additionol sites,* documentary infor- mation, or;1l histories, and other such material as may t•'~` - C..1 become available; and to periodically reovaluate the survey to deter:nine vActher ch;111;;in;; times and values dsarrent recognition of new or different areas of sig- nificance. 2.) Recommend properties for designation as HC district:; pursuant to Article 16 of the Comprehensive Zoning Ordinance, and advise the Planning Department in the preparation of regulations and reports for HC district amendments. 3.) Approve or deny applications for certificates of appropriateness pursuant to Article 16 of the Com- prehensive Zoning Ordinance. 4.) Recomnmend to t.ie city comet Iss ion, 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 amen(iments and special zoning regulations. S.) Approve or deny tree removal permits generally and certificates of approval. for tree.removal and develop- ment actii'ity in environmental preservation districts, pursuant to Chapter 17 of the Miami City Code. 6.) Maintain a record of unique environmentally signi- ficant lands or sites within the cite. 7.) Increase public awareness of the value of heritage conservation by developing and participating in public information programs. a� 8.) MaLe recommendations to the city commission concern- ("" C,' ing the utilization of grants from federal and State Q agencies or private group~ and individuals, and utili* L", 2 nation 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 this article 16 of the Comprehensive Zoni,Ar% Ordi- nance. 10.) Evaluate and comment upon decisions of other public agencies affecting the physical devleopment and appearance of environmentally histfoically and - aesthetically significant properties and neighbor- hoods. 11.) Contact public and private organizations and individ- uals and endeavor to arrange intervening agreements to ensure preservation of environmetally, historically or aesthetically significant. properties for which demolition or destruction is proposed. 12.) ProlnOte and encourZ1g0 communication and exchange of ideas rin,.l information between the Board and owners of historically and environmentally significant properties, potential developers, public officials, financial institutions, etc. 1J1 the nalile of the City and with the consent of' the �/�� W r city coiamission, apply for, solicit, receive, or ,f-- N expend an)• federal, state, or priVate grant, gift, s or bequest of any funding, property, or interest in prOpert)' in furtherance of the purposes Of e111'iroilrliontal and heritage conservation. •r ..ram. ; �. �.. C/j to 14.) Approve historic markers and issue recognition to historic properties within the City of Miami. 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 by the City Commision. Sec. 62-73 Proccedincs a) Officers. The heritage conservation board shall select a chairman and vice -Chairman from among its members to serve for a one-year terill and may create and fill such other offices as it may deeln necessary or desirable. b) Milos of procedure. 'I'llc heritage conservation board shall l establish rules of procedure neCess:iry to its governing and the conduct of it:; a1 fairs, in keeping with -the applicable provisions the City charter, 01•di.11aJ1Ce and resolution!;. Such rule of proCeklure slia111 be available in writtell form to persons appear 1iloo before the board and to the public upon request.. c) Mectini;s. 'I'hc. heritage Conservation board shall meet at ]e:lst 011" Per 1,1011tll, 1�ith all nleetint;s open to the publiC. d) Voting; luorinn. All decisions :111d recinnrlend;itiolls of the hcrit:lge Con:;ervation 1)0a1•1-1 sh:111 reduire :1 C011Curr•ins vote of a 111a j Or i ty of the members present. constitute a cluor11111. 7 Six (6) members sllzlll "SUPPORTIVE DC),I116T S �r••..� s � F�lt e.) Disqualification of members, If any member of the heritage conservation board 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 himcel f frnm .- i :�2'tiCip3tlOI1 Of '.:}1wtSnn�'Or nature In the cause; or ho may be disqualified by the votes of not less than a majority of total membership of the board, not includ- ing the member about whom the question of disqualification has been raised. f) Assignment of Personnel. The City Manager shall assign adequate staff for the heritage conservation board to carry out it's responsibilities and duties, including but not limited to representatives from the departments of planning, planning and zoning board administration, lair, and building; anti zoning inspec- tion. g) Public records. Minutes of each heritage conservation board meetin; shall he prepared by staff representatives assigned by the City Manager, under the supervision and direction of the board. Copies of the miJilJtes and all certificates issued by tho board shall be filed with the City Clerk. Sec. 62-74 Compensation. The members of the Board shall serve ►:ithout corJpensatioil , but shall he reimbursed for expenses necessarily incurred in t11e perforta;ince of their duties, subject to the prior approval of the i f tilt P I:JJIn l n Doparti-wnt . 4 F0LOVIIis, V Sec. 62-75 Administrative Assistant The City Manager shall appoint a staff person to serve as adminis- trative assistant to the heritage conservation board. The appointee shall be experienced and knowledgeable in respect to architecture, urban design, local history, landscape materials, site planning, and land use control regulations. In addition to such duties as may be set forth in Chapter 17 of the City Code and Article 16 of the Comprehensive Zoning Ordinance, the administrative assitant shall 1) Schedule meetings of the heritage conservation board Jprepare agendas, and ensure that proper notice is carried out by persons or departments assigned to such duties 2) Provide applicable advice, standards, guidelines and precee- dures to prospective applicable for certificates of appropriate- ness in 11C districts and for development activity or tree re- moval in environmental preservation districts. 3) Upon receipt of a proper application for a certificate of appro- priateness in an HC district rcif tree removal or development activity, designated environmental preservation districts, re- view such application, which may incl1ide a field check of the site and refercral to other departments or agencies as necess- ary to determine an\' adverse effect upon the general public e:el frlre. 4) iManintai11 and update an 0ffiCial map (1elirloating environmental preservation districts and a photographic docurlentation of all Officially designated situ. S) PI'epare s.tllillllal'y I'eports of all dec]"sio11F on appl Icatlons for tree removal and geIleral certificates of appropriateness, in- c ltldim, Criteria and condition'-, C01' approt'al Or dC`nlal. t '? e IV E q�LiM�F�; Alk 6) Issue all approved certificates of appropriateness in 11C districts and certificates of approval for development act- ivity in environmental preservation districts. 7) Transmit to the building and zoning inspection department a copy of the tree removal certificate of approval and a copy of the approved plan. A tree removal permit shall be issued by the building and zoning inspection department as required. 8) Work with other city departments, public agencies 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 en- couraging sound conservation policies. [_... Fu L L0VV" 10 Section 4 - Demolitions No demolition permit shall be issued and no person shall demolish or cause to be demolished any part of a designated historic struc- ture within an Interim Heritage Conservation zoning district with- out the prior approval of a majority of the City Commission follow- ing a Public hearing pursuant to Section 62-55 of the Miami City Code. Such public hearings shall be held within thirty (30) days from the date of filing of an application for a demolition permit in the Building Department. The Commission shall not approve de- molition of designated historic structures unless it finds that such approval is necessary in the niibl i c int er(-st or that failure to grant approval will result in unreasonable economic hardship for the owner. The regulations in this section shall apply only to structures or portions of structures Specifj.cally designated as having major his- torical sirni.ficance. Generally, ancillary structures and site im- provements that are not important to the historical integrity of the property shall not require a public hearing and City Commission ap- ptt��'nl prier to demolition. A map of specific structures and improve- ments subject to the provisions of this section shall be appended to the adopting ordinance. Section 5 - Al.terat.ions, 1\(-?w Construction No permits shall be issued and no person shall carry out or cause to be carried out ally of the following actions within an Interim Heritage Conservation district without first obtaining written app- roval by the Urban Development Review Board: a) Changes in exterior appearance of an existing structure by additions, reconstruction, alteration, remodeling, or main- tenance involving change in color, form, texture, or mater- ials, or b) Erection of new structures; or c) Demolition or moving, in whole or in part, of structures or improvements not subject to the provisions of Section 4 of this ordinance; or d) Disturbance of any significant vegetation, geological, of archeological features so designated in the particular dis- trict; or e) Provision of off-street parking for three or more vehicles visible from public ways; or f) Subdivision of existinf; property ownerships. I'hc-; decision by the Urban fevelopment Revi.eu' Board shrill bc� made within thirty (30) day.s of r(.,(,U.iz)t 01' a coml)lQtc� ;ipplicrition in- cludiill; a full de5cril,t icon r,f the prc,pc,'iOd Work, such as dut ;tiled drawings and speciffc;itions, sr�ml�lc�s, }�hc,t:o�raphs, or any othor do- ciunentation requesLed by t:hc, I3oard. Gune"ally, for applications relating to pi.oporty in Interim lleritugc, Colu;orvatiun districts, the proposed work shall notadversely affect r1Q+j Qr)r�'!Rl e ; Exhibit C HERITAGE CONSERVATION INTERIM ZONING DISTRICTS Section 1 - Intent The purpose of Ieritage Conservation Interim Zoning Districts is to provide for public review and approval of any proposed demoli- tion or alteration by renovation or new construction to major historic properties until such time as a detailed historic pre- servation plan is completed and necessary coning ordiance revi- sions are adopted. Re^ulati.ons relating to Interim Heritage Conservation Zoning Districts are intented to: a) promote the educational, cultural, economic, and general welfare of the public throw,rll the protection and enhance- ment of properties which represent significant elements of cultural, social, economic;, political, archeoloi.cal, or architectural history of the city, state, or nation; b) safeguard the cultural, social, economic, political, archeo- logical and architectural. heritage of the city as embodied and reflected in such properties; c) foster civic pride in the accomplishments of the past; d) Preserve and enhance the aesthetic and environmental charac- ter, diversity, and interest of neighborhoods; e) stabilize and improve property values in neighborhoods and in the City as a whole; f) Protect and enhance the City's attraction to residents, tour- ists, and visitors and serve as a support and stimulus to business and industry. Regulations relating to such districts are further intended to: a) prevent destruction of historic properties without due consi- deration for the values represented therein or the possibility of preservation of the property for use in an economically productive way; b) assure that alterations to historic properties are comnat:ible with the character and i.nte;*ri ty of the pruperty; c) assure that new structures, uses, or features within historic properties %%,ill be compatible with the character and intorrrity of the property. Section 2 - District Boundaries The interim zoning district: reg-ulutions set forth herein shall be applied generally to properties containing, blli. Mi n"s , structures or fentures which moct the criteria for 1 i stin,r on thr National. R(::;i st;r;r of IIi s tori c: 11l aces; and wherr. "peci f i.c boundaries are Iif! r-aftc,r appl ied. w Q �n Sect i on 3 - T:f fect of Di �-;t l'i c:t All bui ldin«:; or st-ructur(!s or pnt•ts thoreof' vi,octod, nit�ered, o� r--' —U used, or land or wnt.er used, in t,llctlo or .in part, shall meet all c�Xistitl„ applic.ablrr r.onin.- and builclin 00dt' 1'0<_;111atl.c7IlS, exc•ept that su(!ll rc:;ul.ttions ;tre modified by the terms and provisions ofm •' - this ordinance which shall take i)roon.donep.. � �� the exterior architectural features or the subject structure or feature and its neighboring structures and surroundi.nvs; nor shall. the nroposed wort: adversely a f fact the sneci al chnracter or spacial historical, architectiiral or aesthetic interest or value of the district. Dc-cisions by the Urban Dc-velollm(-nt Review Board shall I)n guided by the Secretary of the Interior's Standards for Ili star i.c Preservation 1'ro,jects wi th Gu i del i nes for Ann yi nt; the Stnndards (U.S. Govt. Printing; Office Stock r'(). 02.1-016-00105-2). Any citizen may appeal any decision of the Urban Develonment Re- view Board as it relates to this ordinance to tale City Commission by fIIill,; within fifteen (15) days after the elate of the decision, a written notice of appeal with the City Manager, with a copy to the City Clerk, which shall. set forth concisely the decision appo,iled from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee of twenty-five dollars to cover cost of ptiblishingr and mailing; notices of hearing*. The City Com.i:iission shall hear and consider all facts material to tile api)eal and render a decision Promptly. The City Commission may affirm, modify, or reverse the Board's decision. The decision of the City Conviiiscion shall constitute final administrative re- view, and no petition for rehearing or reconsideration shall be considered. Section G - Time Lit -nits Thee Interim Heritage Conservation districts specified herein shall rnntinl1r, it r.ffs�ct for a 'file nnrind not greater than one (1) year from the date of final enactment of this ordinance and shall auto- matically become null and void at the end of this period. The City Commission may extend the time limit on any individual district for a period of six (6) months after due notice to protierty owners with- in the district and a public hearing; on said extension. There shall he no more than three (3) extensions of time allowed for an estab- lished interim zoning; district. Sc cation 7 - Ilocordi n, All approved Heritage Conservation Interim Zoning; Districts shall be properly designated on the official zoni nv maps of the City, and shrill reflect the, adopting ordinance number. "SUPPORTIVE ram- Is FULLOW 11 4 4 Exhibit t HERITAGE CONSERVATION INTERIM ZONING DISTRICT - A Historical Name: The Alamo Address: hill N.W. 12th Ai-enue Legal Description of Interim Zone: the east 371 feet of the west. 730 feet of the south 220 feet of Tract 1, JACKSON MEMO- RIAL HOSPITAL TRACTS, as re- corded in plat book 55 on page 5 of the public records of Dade County, Florida, less the south CIO feet thereof, RTI /E FFV LLOVP i location I site plan "S[ j PPnPT1X/r; DOCUMENTS; FOLLOW? ]��M NIMMA Historical Name, The Barnacle Address 5485 Main Highway Legal Description of interim Zone! lot 9 lying southeast of County Road, as recorded in Deed 13ook D on page 253 of the public records of Dade County, Florida. L01 = L —1 �771 I L-11 a t Lj I cl En �Mz R The 8arnaele "SUPPORTIVE N�v lljj site "SPPPORTIVE DOCUMENTS FOLLOW 1w" I HERITAGE CONSERVATION INTERIM ZONING DISTRICT Historical Name: Coconut Grove Housekeepers j_ Club AVE. Address: 2985 So. Bayshore Drive Legal Description of Interim Zone: lots 2 thru 6 and the southwesterl-v 13.33 feet of ?� lot 1, and the soil t hiveS L(-I' I t /G �ove C Coconu' So feet of lots 10 thru 12, fir' ep and the southwesforly 180 Feet Housekeeperrs U of the alley lying nort1w.-ester ly and adjacent to lots I thru 6, in Block 1 of Monroes Plat Lot Four, as recorded in plat hook A on page 51 of the public records of Dade Count\-, Florida. location 6 C- HERITAGE CONSERVATION INTERIM ZONING DISTRICT • 0 Historical Name: 1-1 Jardin Address ; Main Iti�h�•:;t.- Legal Description of Tnterim :one: all of lots I) and F lying . southeast of Count• Road- in the plat of I wail'ton Iiei ghts, as recorded in plat hook 13 on page S' of the Kuhl is records of Dade County J.Florida, r/ lcrtAra.=� LJ LAY.� [ �:RA. ttQj AvE... ;P �1 7j . Ayr.. �t AVt— otavu RI. Gratz �r1�l1J� •'Y ° , v i� 4 EL JARDIN lath �Sij •\It`s\�w .` rT DG/'iGG/�/D/1�.� •. location «TIfr-site plan F�LLO%,A 0 t HERITAGE CONSERVATION INTERIM ZONING DISTRICT i E IIistroiCaI Name: I)r. T ic1,son' � office :Address: 190 S'E. l2th 'Terrace Legal Description of Interim Zone: lot A of block 3 in the plat of Hibiscus Place, as recorded in plat book 3 on Marc 710 of the public records of Dade Count"', Florida. FOLLOW -s�- ilr SF. L p �r r� it - v _, O � O 'y (fit W c _ f A to ►t, lCC __ Co cn , m �! i !J ) ,q J y `� , A'I sr. p4Mr71''0W0 c�O�Tor �- oPO/Of/r1orl� location site pU FOLLOVVY? HERITAGE CONSERVATION INTERIM ZONING DISTRICT - FIK History Name: First Coconut Grote Schoolhouse Plymouth Congregational Chut'ch Address: Q3,129 Devon Roadr 'j Legal Description of Interim Zone: lots 14, 15, and 1G and ,YE.�,church lot of the plat of Ply- �ot��Q VE � �, ^C, mouth Court Amended, as reco t ded in plat book 4 on page 78 of the Lqa@5a,2r--�,�_A,� Public records of Dade County, 1FR—k. fH- =4 Iry Florida, and beninnin;; at the J � v j Northwest corner of the SE ,- of �cLGG(71.'7C1:.� 711N�1\2- \FA, the SAC:', of Section 21, Township 3y�tAL�Imozz)�°�'�!, •,5�i � oconut Grove, 54 SOUth, Range 41 East; thence o / ;( in an easterly direction along o� Schooh�use��/• > 1 ~ � (. , n;z m PI mouth. �T the north line of said SE , of _..c ♦�!p Congregatfbnal c 295.47 �cai-+.✓ . �ti.. r 1 SAC', 1 distance of feet; �• thence with an an, to the rig'at ' ., 4 �,:.� urcV of 4,-)'- 1.1' -23" along; the south- westerly boundary of "The Royal Gardens" (P.B. 20-P.3) a distance of 576.65 feet to the northwesterly line of Main Highway; thence in a southwesterly direction with an angle of 93`)-11'-30" alon, the northwesterly line of Main llighway 290.05 feet to the most easterly corner of. "Plymouth.CoUrt :Amended" location nr,, n o. Lhence th, an angle to tho right of 95°-0l'-00" along the boundary of said "Plymouth Court Amended" a distance of 74-1.33 foot to the west line of the above mentioned SF1oftho S,' . t11� t���(� in a northerly direction along said west line of the above D mentioned SE ; , of the S?Q ; Qthence in a northerly direction ' al.ottg said west line of said X LZ _', of the M71 a distance \ O of S0.52 feet to the point of beginning. >1 : ,. Qr-i ,in.31re�v r�r bui,lQ;na t �as� ca✓�s�4.�z to plan 1 9 HERITAGIE CONS cRVAT1OIN HNITEERIM ZONING DISTRICT . G IIistori cal Name: I'rec,dom Tower Address: 600 Biscayne Blvd. Legal Description of Interim zone: lot 7 less the iti 1.0 feet there of and all of lots 8 thru 1.1 inclusive of block 60N of the Plat of �liatni Sc�uttl Iial t' Mocks 59,; and GUN, as recorded ill pl, book 1 on na*t,e l85 of the public records of Dade County, Florida bt II ui ��� �Ti�GTl/�FS �'l/BcI��T TD Dli/J/vl,� Gam' Gr"14 p���i7T/p/r'7 location site plan HERITAGE CONSERVATION INTERIM ZONING DISTRICT . H Historical Name: Hal issee liall Address: 1700 N.W. 10th Avenue Legal Description of Interim Zone: the west 230 feet of the south 140 feet of the north 180 feet of Tract A of the plat of Cardin Hospital Sub. as recorded in plat book 7S on page 46 of the public. records of Dade County, Florida. w a N T 3 z 1 I 211L :J 1 U 1 J I-4 LA t-1 L_:i I-j t_ r-� LW CIVIC JACKSON �— CENTER < MEMORIAL a n L AREA HOSPITALi; N, 7; N�71 � Hal see Hal O location d "St PPORPIVE G U�.L site plan 4 HERITAGE CONSERVATION INTERIM ZONING DISTRICT : I Historical Name: Miami Women's Club Address: 1737 No. Bayshore Dr. Legal Description of Interim Zone: all of lot 3 less the south 2 feet east of the original shoreline, and all of lot 4 o the plat of Miramar Plaza Amended, as recorded in plat book 33 on page 18 of the public records of Dade County Florida i,, Pw o ; > z r o I� N , �' N.E.17 ST. w 2 w CM a r,, 0 NEI7 TER . f Miami W m n'sClub �! location FULL0W site plan t 4 HERITAGE CONSERVATION INTERIM ZONING DISTRICT ` J I Historical Name: Pan American Seaplane Base and Terminal Building Address: 3500 Pan American Drive Legal Description of Interim lone: Tract A of the plat of Dinner Key, as recorded in plat book 34 on page Z of the. public records of Dade County, Florida plus riparian lands filled since 1930, less lands conveyed to the Citv of' Miami b-,• the Federa Government in official record book 7567 on page 961. location site plan "SU"ORTIVE D�U ,, LVITS 4 # HERITAGE CONSERVATION INTERIM ZONING DISTRICT - L Historical Name: (Ransom School) Address: 3575 Main Highway Leal Description of Interim Zone: lot 13 lying southeast of Main Highway less the triangular portion northwest of County Road, and submerged lands lying south- east to the bulkhead line, as re- corded in Deed Book D oil page 253 of the public records of Dade County, Florida 01 K'/ C �4 " ,�;C -'-� FVF_ -1 AVE, ----_—_7nAVF Ransom School "Pagoda" ��`�� location 9Y site lan U F"' PTIV E FOLLOW HERITAGE CONSERVATION INTERIM ZONING DISTRICT - hil Historical Name' Vi-.caya Address: 32si South Miami Avenue Legal Description of interim �oncl all of the plat of vizcaya Sub, as recorded in plat book 34 on page 46 of the pjjj)ljc records Dade County, Florida less the Mercy FJospital Tract and Immacu- lata AcadcmN Tract. . ///If//l location 'SUP1 OR DO F 0 L L G site plan "Stj 7 TPC';`,%T I VE DO Ulu IMI'Ll I �Ts FOLL-0 Wilf - HERITAGE CONSERVATION INTERIM ZONING DISTRICT ` Historical Name: Gestl Church Address: 118 N.V. 2nd Street Legal. Description of Interim Zone., lots 2 thru 10 inclusive, less the south 115 feet of lots 8 thru 10 except the east 4.5 feet of the south •15 feat of lot 8, and less the north 5.85 feet of the south 50.85 feet of the west 17.58 feet of lot 10, block 10-1 of the plat of Miami lV'orth, as recorded in plat book B on page 41 of the public records of Dade County, Florida elo 'rer(lwl 1P pf,TD�iI%G�.� location f 1L site,�.,�,�„�.� f Cxhlblt E RESOLUTION N0. A RESOLUTION ENDORSING IN PRINCiPI_,E, THE PROPOSED HISTORIC PRESERVATION ORDINANCE FOR METROPOLITAN DADE COUNTY. WHEREAS, Dade County and the City of Miami have a rich and varied heritage of cultural, social, political, archi- tectural, and archeological history; and WHEREAS, in order to promote the public welfare and to cultivate a sense of identity, stability, and pride amongst local citiztns, it is important to recognize and conserve significant elements of our cultural, social, political, architectural and archeological heritage; and WHEREAS, much of such heritage is reflected and embodied in 1-mi 1 rii trek , ci tes , di ctri cts and nei,,;hhprhoods curving from early Sears of the region's development: and WHEREAS, protection and enhancement of historically significant buildings, sites, districts, and neighborhoods will contribute to the educational and cultural welfare of the community, stabilize and improve property values, preserve the aesthetic and environ- mental quality and diversity of neighborhoods, promote tourism, and serve as a support and stimulus to business and industry; and WHEREAS, the proposed Dade County historic preservation ordi- nance provides a fair and reasonable mechanism for the protection and enhancement of historic properties with a balanced set of incentives, guidelines, and public input; and WHEREAS, the proposed Dade County historic preservation ordi- nance encourages municipalities to adopt similar historic preser- vation ordinances which shall tcike precedence; F0LILCVV NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The proposed historic preservation ordinance for Metropolitan Dade County is hereby endorsed, in principle, by the City of Miami. PASSED AND ADOPTED this day of 1981. ATTEST: RALPH G. ONGIE, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOS, JR., CITY ATTORNEY MAURICE A. FERRE, MAYOR ts • l c r)7-)TIV E t Proposed Metropolitan Dade Count' Historic Preservation Ordinance Approved on ist Reading — 1.2-16-80 ORI) I NAidCE NO. ORDI1TANCE, ESTABLISHIPIG AN IIISTOI?IC PRESERVATION BOARD FOR THE OF PROTECTING AIdD PERPETUATING PPOP'"RPIES WORTHY OF HISTORIC PRE-7LRIATI1,--;;d; P"oV I D I IIG FOR RULES OF PROCEDURE; PROVIDING FOR DESIGNATION OF PF.OFERTIES AS INDIVIDUAL SITES, DISTRICTS OR ARCHEOLOGICAL ZIONES AND FOR REGULATION OF SA61E THROUGH ISSUANCE OF CERTIFICATES OF APPROPRIATENESS AND CERTIFICATES TO DIG; PROVIDING FOR ELIGIBILITY FOR FINANCIAL ASSISTINCE; PROVIDING FOR PENALTIES AND APPEALS; PRO`''IDING FOR. Si;VER.ABILITI, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Vvti EAS, Dade County has a rich history embodied in its bui.ldinca, structures and archeological sites; and VFHEREAS, fewer than twenty-five (25) buildings and structures constructed before the incorporation of the City of Miami (1896) still exist; and V,r.EREAS, many significant and varied aspects of the history o Dade County are concentrated in the first quarter of the twentieth century; and WPIEERE:,S, this variety has been manifested in a unique architectural response to the area's climate, history* of tourism, rapid growth, and national stylistic trends; and VFHEREAS, a number of archeological sites remain that have yielded and are likely to vield a great amount of information on the history and prehistory of this region; and V,1-41EREAS, the preservation of these buildings, structures and archeological sites are in the best interest and public welfare of Dade County and its citizens; and the preservation of tht!se rusources will e.%. Lind tiju educat1.anal awl cultural oppertuiliti02 Of Dadc County al:d its Clti7(111-, NCIi, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COXMISSIC-HERS OF DADE COUNTY, FLCRIDA: Y i �J1l J.1. -,l Is FCCLO IV __...1 or Agenda , tem :+o . ?ace :+o.- Section l Short Tit1,_' This Chapter shall be known and may be cited as the "Metropolitan Dade Count;; Iiic.toric Preservation ordinance." Section 2 Declaration of Legislative Intent. It is herebv declared as a matter of public policy that the protection, enhancement and perpetuation of properties of historical, cultural, archeological, aesthetic and architectural merit are in the interests of the health, prosperity and welfare of the people of Dade County. Therefore, this ordinance is intended to: (1) Effect and accomplish the protection, enhancement and perpetuation of buildings, structures, improvements, landscape features and archeological resources of sites and districts which represent distinctive elements or the County's cultural, social, economic, political, scientific, religious, prehistoric and architectural histor1-; (2) Safeguard the County's historical, cultural, archeological and architectural heritage, as embodied and reflected in suclh individual sites, districts and archeological zones; the past; (3) Foster civic pride in the accomplishments of (4) Protect and enhance the County's attraction to visitors and the support and stimulus to the economy thereby provided; and (5) Promote the use of individual sites and districts for the education, pleasure and welfare of the people of Dade County. Section 3. Scope of Regulations. (1) This Chapter is intended to and shall govern and be applicable to all pi.operty located in Unincorporated Dade County, Florida. Noth-J ug co,^.tained herein shall be deemed to supercede or' w conflict witii applicable building cZIl(3 soniiig codes. Provisions M contained herein shall be cumulative and Lead in conjunction with c) otter provision_- of the Dade County Code. All municipalities ,, .. r._ ,r 1l-" s T1 �` within Dade County shall have up to and including July 1, 1982 to adopt local ordinances that are at least equal to if not more t No restr:ct.i,.•i ~.. n t111;i Cl,,a. ue ..,I.L11 1 -LIC`3, L'nt i1—. r;t"a! sites, all ;1L"011 1C:a1 ;:ones. ALIh-2r-2 r,ce T.lith thi aL;�".r �: IIIIiIl1+�Li2.2i1tie:� -.;Ii a'L1 be .ee l°2d 1CC^npl.Lal1i'_'d U�ttil't•-' i 1 a.ilg In approval of ':aCII MulZlcicalit. Is with the Dad- CoLlnt'.' Historic Pr'2s('r,.,ation C-'),_ICd accol:diIlg t0 t1iG follU:41liq gLli-.felines. (?} Before a municipal FIi�torL Preservation Ordinance shall be ap^ro%red b* the Iii:3toric Preservation Board, the proposed ordinance snail address the folio% -,inn section.:: the est-Iblisl.InPnt 01 an Historic Preservation Board with p0,,;'arz; and duties; the creation of a prose: S to designLlt,? tile- individual sites, districts any: arched! ogi.cal zones; a process of review for Certificates of i Looronrl ateneSS and Cc'_1"tl �iC,atoS to Dig; and an appeal process. Mi-.,iicipalities shall also subz-,,it the proposed ordinance to the I�Tat:._o1Ia1 Rcg2 -�L-�e r of Historic Places for certification by the Nader.;:l 'e,ist : to be eligible for the 1976 Tax. Act. Although munici:,alities are not restricted from implementing the ordinance prior to National Rear; ter certificat L tl"ie mliriiCi palltV must obtain certi icaticn as e::peditiously as reasonably possible. (3 ) The Dade County Historic Preservation Board shall approve, del:,' or approve with conditions all proposed municipal ordinances. All ordinances shall be submitted to the staff of the Historic Preservation Board at least ten (10) days prior to the regular meeting of the Historic Preservation Board and the Board shall reduce its decision to writing within three (3) days of the meeting at which the proposed ordinance wzjs 'considered. Municipalities ma% appeal the decision of the Historic Preservation Board accordi'21 to Section 14 of this ordinance. Should any municipality fail to adept tin ordiziance regulating Iistoric Preser•.'ation prior to Jul_. 1, 19z :'., this clLapcer sh:Ill govern. Suction 4. Dc ilI11t14I1S. (1) Archeological zone - An area designate: by this ordinance which is li;:e1.1 to yie? 3 1nfor::l.ition o21 tll-,' history, and prehistor,, of Dade County based On pry historic settlument Patterns in Dade C4unty as do-termi,,—ed by C<._ the resLtlts of the Dad,-, Ccullty Historic+ r�.> Surve}►. These zones will teed to eollform to natural pi-;,sJ-oqr=;ph2.c which were the focal poil:ts for prehistoric and ' historic activities. fit_ V/ r r AqeI2c3 '1 t e. r, . o . ( ) CertiLicates of A er i --ate issued by --he o ar.d pe-,rmittir.a certain alt-.'raticns or Lii1I)ro:ement:; to a 1!�51Ci3t:d property . (A Regular Certificate r)i Appropriatoil Ss - y Reqular Certificate of Apr, roorlatuness Shall be issued by the staff of the Preservation _Ooard, based on the guidelines for preservation approved by the Board. (5) Special Certificate of Appropriateness - For all applications for a Special Certificate of Appropriateness involving the demolition, removal, reconztruction or nele; construction at an individual site or in a district a SpeciL-:l Certificate of Apnropriat-noass is required that is issued directly by the Board. r (�) Certificate to Dig - A certificate that gives the Board's permission for certain di.^;ging projects that may involve the di ccvery of as 1Tet unknol.-n or kno,an archeological sites in an archeological gone. This certificate is issued by staff of the Board based on the guidelines for preservation approved by the Board. (4) Certificate of Recognition - A certificate issued by the Board recognizing properties designated pursua:t to this ordinance. (5) Demolition - The complete constructive removal of a building on any site. (6) Districts - A collection of archeological sites, building., structures, landscape features or other improvements that are concentrated in the same area and have been designated as a district pursuant to this ordinance. (7) Exterior - All outside surfaces of a building or structure. (8) Guidelines for Preservation - Criteria established by the Preservation Board to be Used by staff in determining the validity of applications for a Regular Certificate of Appropriateness and any Certificate to Dig and to establish a set Hof guidelines for the preservation of buildings in South Florida. (9) Historic Preservation Board - A board of citizen-- created by this ordinance as described in Sections 5 through 9. (1G) Illa; orlc SUrV ey - A compreh,�In give survey .• compiled by the Historic preservation Dig; 1:,ioI1 of th,-, Dade Count, Office of Ccii, lunity and Economic Development iilvolvinq the identification, research and documentatiOIl -. of buildings, sits and structures of aIny � historical, cultural, archeological or :. ti �•.' C'` architectural, im ortallce in Dade Count p y, Florida. tea. Y - (11) Individual Site - An archeological. site, building, structure, place or other il.provement� that has been designated as an individual IF :Io . :1 :+•7 . , interest in ::he =i-2iJ 3f n-.;tari r'_se: _"tti•�:i. 1:;`' - Count;CoIlun1.ssiont?r:3 S-hl o u I d at`-mt3t ~C appoiilr Arc ii'' �C`_.i. �^-_t=t!,r arCheoloulst3, hlst:orians, art iil�tJL'id1;�, la+;.:?L'� :L' other 1ii'.'1': i1 ;_ 1S %rcm tae bu3i..,ess, -financial and ot:iez :1C.C1m'entj of '.he Co;imunitl :oho, by virtue of their prcff.,-sign or buOint2ss, have demonstrated Concern for historic preservation. The term o1_ office of nEt,::Fi'3f;:1 shall be one (1) year for one- (1) member, t,.ao (2) Veal' s for t'r70 ( ) members, three (3) Fears for three (2) members and four (4) years for ttirce (3) members, with appol.Iit:m'nts thereafter t0 be for a ter:n of four (4) years for each member. A:1 vacant,: occurring on the board shall be filled by the Counitl Conlmissionl for the remainder of iale::pire'd at ti:' earlij-='t pC3 iule date. 1-1e:I. rs shall be eligil-le for reappcin -meat, and shall hold office until their successors have been duly appoilited and qualified. Memhers of the board shall serve without compensation but shall be relmbur--ed for necessary expenses incurred in the performance of their official dudes, as shall be deter.,,4 nied and approved b,; the County Conamissi Cnl. Before entering upon the duties of office, each member shall file written acceptance of appointment and tarie and subscribe to the oath of office prescribed by law, which shall be filed in the office of the clerk of the County Commission. A member of the Board mad, be removed from office only by a t,ao-thirds (2/3) vote of the entire membership of the Count, Conirr,ission; however, whenever a member of the Board shall fail to attend three (3) consecutive meetings, the chairman shall certify the same to the Counts Commission. Upon such certification the member shall be deemed to have been removed and the County Conunission shall fill. -the vacancy by appoint:.ient. Section 7. Organization The lnembers of the Board shall select a chairman who shall serve at the pleasure of the Board and such other officers as may I)e dev r.`.d necessary or d`sirable. The Cc unt, Manager shall provide- ac? squat- per::onnel for the 1=oard includilig but not li:-t-o'd to renret;entatives from the Depart:vents of Commiunity and Econoalit -_ De -veld meat, Building and; --oninig aI:d i la nijitig which shall be dL't:Ile the star of the board. minutes of each board meeting shall be �• kept aIld prepared lIIldtai the ;Upt-.�r': is1GI1 at13 direction of the o:il-1 _ and copies of such minutes Shall be filed wltil the Clerk of tile'. County Cc:iLmissio_n. V' Cis Acenda L te-I :10 . cage No. site pursuant to this or-�inance. Under the provisions of this oriiiian-ce li:tel-0, spaces may be regulated only a building or str.lct::re is i dusign,a :e.i individual site. (12) Naticnal Register of historic Place. - A federal listing maintained b - the U.S. Department of the Interior of bUl.lclings, 1 teS , structures aIld di ,trlc t s th r- ha'i e attained a quality of significance as determined b'v the Hiss -uric Preservation Act of 1957 as amended. (13) Ordinary Repairs or Maintenance - Work done to pre•:-ent deterioration of a building or structure or decay of or damage to a building or structure or any part thereof by restoring the building or structure as nearly as practicable to its condition prior to such deterioration, decay or defy aae . (14) 0%.,ner of a Designated Property - As reflected on the current Metropolitan Dade County tax rolls or currelit title holder. (15) Undue Economic Hardship - Failure to issue a certificate would place an onerous and excessive financial burden upon the owner that would amount. to the taking of the o•.,ner's property without just compensation. (16) Landscape Feature - Any improvement or vegetation including, but not limited to outbuildings, walls, courtyards, fences, shrubbery, trees, sidewalks, planters, plantings, gates, street furniture and exterior lighting. Section 5. Historic Preservation Board: Created and Established. There is hereby created an Historic Preservation Bcard, ( "the Board"), as a governmental agency of the Count,- governi ,ent in and f e[~ Dade County, Florida. The Board is hereby vested with, th.e COIi....1 power, authority and jurisdiction to designate, regulate and administer historical, cultural, archeological and architectural resources in Dade Count,, Florida, as prescribed by this Chapter under the di.,:, ct jurisdiction and legislative control of the Board of Cot111t11 C0;^..^.t1051OI16el."i . ft Thu P'.oard Shall c0II.Ast of nine (9) meml-ors appointed by ,: tha F,oard of Ucu:lty Commi., stoners. Each inzmber of the board shall L•- Le, alai: shall hold office only so long as'lie or she is a resident an d voter of Da"-e- County, Florida. Ap-cintmen.ts s1:a11 be made on thtf ba is of civic pride, inteority, ext)erlenca and C t �/'IT- Jt?':t1.0I1 3 Pailes and Regulations. The Board shall .hake an nr -.icri;:." zuc:I ru!l �s :in"i r._ Ali _ ...:' reZSon,ibly necessary and approt)ri.Zte for ti1 2 pr(-) 2 A: clCJIIiI 15trar.i0i'. and: enforcement of the provisions of thin chapt;'.r. Such 1nd rerjullatioris shall con Lori^ to the provisions of Lhis chapter and shall not conflict With tlIe Constitution aIld general laws of the State of Florida, and shall govern and control procedures, hearings and actions of the board. No such rules and re(-41_Ilations shall become effective until a public hearing has been held upon the pron sod rules and regulations, and any atmendmentn or modifica" ohs thereto, and t.1e same have been approved by the Countv Commissio:l and filed With the Clerk of the Commission. Upon approval by the Ccnt.mission, such rules aIid regulations Shall have- the force and effect of law: ',,;ithin Dadc Counuy, Florida. The Board shall prescribe for::,s for USc b,y applicant-s in coIllpliance With the provisions Of this ct:uoter. Tale Board may authorize aI.;r oIle of its members to administer oaths, certify to official acts, issue subpoenas and co :pel --he attendance of wtil;esses and the production of papers, accounts, books, contracts, documents and other records, data or information ,when deeded necessary, con%,enient or appropriate by a majority of the Board in order to properly discharge the duties of the Board. Section 9. Powers and Duties The Historical Preservati on Board shall have the follo;ainq enumerated po,•rers and duties: 1) Adopt or amend rules of Procedure. 2) Designate individual. sites, districts and archeological zones. 3) Issue or deny Certificates of Appropriateness and Certificates to Dig. 4) Approve historical markers and is:;ue certificates of recognition for individual site; and designated properties in a district. I 5) Reccmm.-�ndi zoning and building code C!3 alliendments to the proper authorities. 6) Estiblish guidelines for preservation (a and criteria for i!.;su.Ince by staff of regular certificates of appropriateness. 7) P'"ol::ote tti e of historic preservation and its comRlunity benefits. d. r -1F' :4,0 . or be C; riS tL'lI' 1 as tii:rersedInq t ,e .ltlthoril:.', of t-he SQ,lr:. miss 101"Lefs and !lpdate thy' His-z-0rlc S!Ir*;e:'' fOr it:; t7uaii.ty and professional merit, and •.alidat` Lhe findiligs of the Willi as boIlafije and sincere. 10) ImpI ement the authorit;• of thi:3 chaptc-r and lultill the task,; set - forth for this Board b,, the County Commis,-,ioners in thin and other ordinances. 11 } Record and maintain records of the Board's actions and decisions. 12) Follow and abide by the laws of the United States Of A111CIrlca, the State of Florida and Dade County. 5e 10 . D e s i :nation Process : nd 'Procedure I. The Board shall have the authorityY, to desianate areas, places, buildings, structures, landscape features, archeological sites an:: other improvements or physical features, as individual sites, districts, or archeological zones that are significant in Dade Ccunty's history, architecture, archeology, or culture and possesses an lntecrity of location, deign, setting, materials, worI-_.,lanship or association, or: (A) Are associated with distinctive elements of the cultural, social, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, Dade County, South Florida, the state or the nation; or (B) Are associated with the lives of persons significant in our past; or (C) Embody the distinctive c4iaracteristics of a t,�pe, period, stele or method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distillcti0tl; or (h) Have yielded, or arelil:el; to yield "�4� � �vRTl1�`C in%oilnatioli in llistoi :,� or prellistor,,';!����.� ��� C; or (E) Are listed in the National Register FOLLOW it of Historic places. II. Certain properties which include cemeteries, birthplaces, pr0p,- es o'wred by religious lnOtitur_loI1S, or used for religious pur5cscs, str,ctures that have: been. moved Zrom their or..0iI2al ' t:'rA::Ja ,IC. lCcat_o/I J , pro:, 2 t i.es U.1 :nor -Iti r� _n itNLe It".I .71•'...L..?s fi::IV,:, _IC"1--ved iiicancc r. Lttiii: t:I,c Last fifF. --,ears, r.oralali' b. 2 cons for des l-.j:7at1.Ot1. ElO'.If?'.,er, C)i'Cv)'L'~i?:a W111 illialli:l are ln'tcoL'_ll Part of dictricts :i.'; Jo :netit tilt: criteria, or if thl-y tall 91I.t!Itn tilt? follow 1.11tJ A roliuivtls deri'vinq prima,-"! significancee, from clrchitcc'.:ural or artistic distinction of historical importance. (�) A building or structure removed frcm its location but which is primarily a^ignificaIlt fcr architectural 'value, or is the sur'vivna structure most impo':`---antly as oci sted an historic event or perso1i. (C) A bir%ii:•lcice or grave of an historical figure of outstaIiding importance if tt:t.'re is no Other appropriate site or building directly associated with his/her productive life. (D) A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, distinctive design features, or from association with historic events. (E) A property primarily commemorative in intent if design, age, tradition, or s•.mholic value has invested it with its own hi-torical significance. (F) A property or district achieving sigliifical:ce within the past fifty years if it is of exceptional importance. III. Prior to the designation of an individual site, an historic district, or an archeological zone, an investigation and de-signation report must be filed with the Board. The format of these reports mar vary according to the type of designation, ho•1eve- r all reports must address the following: The -historical, cultural, architectural, alld archeological significance of t}le property or properties being recommended for designation; a recommeli�-'tion of bouncl«rie-, for di t.ricts and archeological zones and identification. of both.,-`._ .rics of individual sites being designated; a reco;:;alonda Lion of to be adopted by the Board iIl carrying oul. its roqulator , function under this ordinance with respect to Corti fi.cates of F:prrcpri.ateness and Certificates to Dig; and, all ref orts shall tzike into con:,ideration projected, proposed or existing public improve^�--r.ts and or plans. cedure D,+:2t2C't1 oft t he Th•2 oL:n•- 1:( a nL c1I1c.' 1)rCnert:: in Uninc: rpora ted Dad#. Co,.lnt:_; may petition `ill: Bcar• for- de,irn.ation of their pi:r)p'-:rt_; as all individual site, district or arclleologi.cal zone proved-2d that they appear before the Board with sufficient information to warrant t:h�� investiq:-ation of the property for future designation and the Board finds that the property may be worthy of designation. The Board shall, based on its findings, either direct the staff to begin the designation process or deny the petition_. Nothing in this subsection shall be deemed to restrict the po'.rer of the Foard to initiate the designation process pursuant to this section. Directive of tho Boar: - The Board shall, t1poI1 recommeIldations from staff and the acceptance of petitions pursuant to Part IV, Section A of this section, direct staff to -.n the designation process by preparing a designation report, pursuant to ParL i I I of Lhis section arid any other standards the Board ma•: deem necessary, and submittinc this report according to the procedures described herein. (C) Ncti -icati on of o:aner - For each proposed designation of an individual site, district, or archeolocical zone the Board is encouraged to obtain the permission of the property owner(s) within the designated area, and is responsible for mailing a copy of the designation report to the varer(s) as notification of the intent of the Board to consider designation of the property at least 15 days prior to filing of a designation report with the Board. (D) Notificati4ll Of GOyerIL`ient Agencies - Upon tiling of a designation report, the Secretary of the Board shall immediately notify the appropriate Building and Zoning Department, the appropriate Public Works Department and any other County or municipal Agency, including agenciec with demolition powers, that may be affected by said filing. (E) Noti fi c:at:i on of a Public Hearing 1'0l. t ,ir_il all-, ] V.1c:11:11 site, district or tat rl;t c,l a li c ll c!l<' Propos0d for ct/1,1 t.1 on :1 ptt'a l is hear1lid 11111:.L 1)� 1101d llO :,001',t117 Llwin 15 da!-, .ail.; 4/ 1 tll l II l,O tl.l'.':; I•I-0111 thc' tl.ttt' :1 bc•t'il t_11('.i 'with tht• •1"c't'ttld :. tit c)! �)t.lit�2 }).1t�T ic':; � ��E(i'::t;t'i �� . .h �`� 1+,..;l,l,.,tt•ti 1„t�►,trlt it'. , i:� 1:11,�'.cn, l..i�..-•. _ ,t?lc' l � 11 kit' Il ll 1 t•it',} ��!• I`? l,• (.�� � �• 1 )It -,I: 1 11.7 1,�' 1•,-1 t. i t 1 t'li ;a.: ! I t o t ?,t' l as � F0" L1_a.i r V :it:l'�t•tl� Ilill'1t•Vt�!•, t.11 ltll't' tc1 rt`c't'1�'t° Acencs . _.:i No Pace NO. sucI1 aotI.Ce Slnot lfl:'aliiate `: same as 51iC:1 no ice shali a i :.:Ci GL per ...`.j i pllbli::• ll.lq 3 ccoy _ ... in d t:iL :-:neral cl.��;il•atlOii at least tPI1 ( to ) d ay's prior `J f:h':.' hearin,j. tReri irc!nenl� of Proi nf)t D,: ci:,1Ciiyn -1 Not], i LC�lt �1�i 11.h1f1 / do 1s tJL -i P�ffi LIC f1:: (It I. .1Il .� 0II __- a proposed 1rl(Ii•� idtAL-iI si tt,, dictrlct, or archeolor71cal zone the 13oclyd shail reduce to writing its decision to. approve, deny, or: amend the proposed designation and direct tile. Secretrlr� of the Board to notify the following of its actions with a cop.- of the official minutes of the ,r. �t_ting, and a summar•; of effects of this action: 1) The appropriate cry_ idi ng and Zoning Der,ar`i!ler:t. 2) The Count r Cleri:, 3) The appropriate Municipal Clerl- when necessarv, 4) Owner(s) of the affected property and other parties having an interest in the property, if knodn, 5) The appropriate Planning Department, G) The appropriate Public Works Department, and 7) Any other County or I•Iunicipal Ag::ncv, including agencies with demolition powers, that may be affected by this action. (G) The Board may amend or rescind any designation provided it complies with the same manners and procedures used in the original designation. (Ii) Moratoriulll. Upon the filing of a designation report by the staff, the owner(s) of the real property which is the subject matter of the designation report shall not: •• 1) Erect any structure on the subject property. 2) Alter, restore, renovate, move or demolish an,%, structure on the ti:':I]eas property, untilt-r suchtive' 'V��^� ���� tlaie as £l.tlal act::ll.alst:r�lti',IC E!J + actliill, as provided by this chapter, is coiiipleted. D0�U h�i I E��TS 71, FULLOW S'.ctioI1 11 . Ai--- alication for Certificat -- of Apnronrl:(tenesc 1. 1-10 buildillg, structure, iI!lprovement, laIldscape fc'.ature or a rchc:olog-:c::ll cite within Dade Cou:lt-y which is designate-, pur:,uant to Section 10 of this ChaPreLr shall I)e erected, altered, restored, renovated, e .cavated, moved or demolishes until an appi c tlo:l i0: n l'.�" : 1 c�C;-.]:�CC�C' features orSlt_ to acid appLoved pursuant to the procedures 1-n A1:c11 rr''.._ features _ Ball include, but- not be limited to, the St. s -Le, scale, massing, sltin,j, general desigI. and gCneral arrailinm2 oL t:.e exterior of the buildinq Or Structure, including the type, st,,Iey and color of roots, wiI.d0-,'1s, doors and appurt='nelncr's. Are::llt�ot'.:r:t features shall include, when applicable, interior spaces where interior designation has been given pursuant to Section 10 of this C:.apter. Landscape features' arid site improvements shall includ-e, but are not limited to, site regradiI;g, subsurface alterations, fill Jepl�.r.�..t4on, paving, laIidsc�aping, walls, feIiCE'.J, COUrt_rara, signs and exterior lighting. No Certificate of Appropriateness si.all be approved unless the architect -urn' n' plans for said COi.S tr'.Ict1CI�i, alteration, excavation, restoration, renovation, relocation or demolition is ap_roved by the Board. II. The Board shall develop procedures for making application for both a Regular and Special Certificate of Appropriateness. III. The Board shall adopt and may from time to time amend the standards by which applications for any Certificate of Appropriateness are to be measured and evaluated. In adopting these guidelines, it is the intent of the Board to promote maintenance, restoration, adaptive reuses appropriate to the property, and co:,lpatiblt� contemporary designs which are harmonious with the exterior architectural and landscape features of neighboring buildings, sites and streetscapes. These guidelines sliall also serve as criteria for staff to make decisions regarding applications for Regular Certificates of Appropriateness. IV. Regular Certificates of Appropriateness - Based on tile- guidelines for preservati On, the designation report, a cc: I ete application for Regular Certificate of Appropriateness, any ad'�i -iOnaI plans, drawing-2 or photographs to fully describe the proposed Q ! � C-) alteration and any other guidelines the Board may deem neces-dry, the staff of th,e Board shall, within tell (10) days from the date a ccmplete application has been filed, approve or den,, the applicatior for a Regular Certificate of F.ppropriateness by the owner(s) of a y ...,... .. _ TP:T.t.,.`RY esY ±t 31�':.3.. 'YRc'N..;�s�ni SO Aqe* ' ^ r:, Cr- .; �J '.1 •� s 1 -J n a ' , L n d 1 ': t d u a l J 1 l- ! � r O L C z y C s •r � a '.'I .. 1.. • l �.. • :Y � •� .1 � i 1 _ � : i J �. J � .. i .. _ T`,.e fndinaz D tlhe s`-aif shai1 1C e ma1.ie.: 3 icl)Li�.,;lt tilry'•� (3) kla-,s of 3ta. :•_'l.l.'il(ill tC GiC l;l:•:_':� t :ii;�1`":R'';lt in iii L" and i. I1'i `.;:'2 3tai * f ._ dec L toil . T il^ .aort i:. ._,,.n an to challence. the st,_-if i1-_,Ci ion J)% 1EiI:1.; ing i1or ca : i-,,:2_:lll C r-iiiCL C oL ::pnl:cpr:_atenC�S Wit;lln itllrt'T (3�) da':'c i�2 t�l'� �tciii 1:� i�i1C�1.i�G :. V. Snecial Certi.fi.c,-ite:, of An0r r+-;-l*^::•,ss A. An applicant for a Sreci.:,l Certificate of c1TipLvL)r1,1i-,e::eJJ Shall submit his aoolica ti ` 1 D r' OIl tt e .JOu� j pU� �U..n t to SeCz1.Cn 10 of this Chapter and acco:iipal7_ c11 , i p p 11 c ation to 1.: Board 'aith full plan: and specifications, site plan, and samples of '_ i- - 7 � y �-, t l parr be 7 e 1iia,.CL•iul.:� a� i.E'_:•.11lt.d dpprCprlate br t71:".'. E�Grd t0 fL._ly d .._..1.J t�l._- _OCC-_.. 3., .:_lI1Ce, COlv.., t .l..uL'_ Or ::Iut_ _ , and arci �t Ct::,:a_ dcs: , n o:. the building and any outbuilding, vial!, courtyard, fence, lancsc::pe feature, pa-,:ing, signage and e::terior lighting. The L'h,M prcVlde adcuuate in -formation to en_nhle the Boar 4L.-.0 visualize the effect of the proposed action on the applicant's building and its adjacent buildings and streetscapes. If such application in%ol.,cs a designated archeological site the applicant - shall pro•: ide full plans and speci ficaticais of worw that may affect the surface and sub -surface of the archeological site. B. The Board shall hold a public hearing upon an anpnca'�_ien for a Special Certificate of Apprcpriateness affecting ' prcnerty and .•r it-- control. In such inst ancCs, notice and procedure o;. ti1`' pu'-- l i c hearing shall be gl%7en to the propurt.y owner (s) by c:-rtiLi--d riail_ and to other intere,:ted parties by an ad,.ertisement in a ne'::spaper of general circulation at least ten (10) days prior to the hear. ing . C. The Board shall act upon. an application wit11iI1 sixty (u0) days of receipt of application materials adequately Lill_' prop,)sud action. The Board silt -ill appr0: e, deny, ii�'•.:L--a". ��: lIl i:. :.r: lt'ri fGL':a all ,1ppli.l'I-1L1OI1, subj,::Ct tip the aCct.p,. Il.. of tt:•: r."-ii fication by the applicant, or suspend action on the aF:�,1is.r.; I1 for a period not to h::ceeA thin,, (30) days, in order to seek technical adVlce from 0111:_ lire its meiabers or to meet further W1Li1 L:. appllCailu to ruvise or Aloul.iy ul'e appilcatloll. "SUPPOn, MVE FOLL;,- IArr :io _ V. -ll/.� r.i 2�•1Jll.:l :il _.lr:: Jar'..• ✓11�111 'Nr_L:n L':1C:'nC^_ OC 1I�J'iG'.al of ti;�_' _lu.i� lt: •tl �itlli " 7: Z r n ��.c �r tt• 1 i�i -iI �i10 Oc?r 1 r 3 Ce "t., caL` OL :�U. r �prlllt_Ilf� �a 1.. ,llr j ,,. .il� J.1i'd designated staff reoresentati-: to the +I)t i!%arlr , atld .;tl4tevcr its decision, notice in writing shall be given to the applicant and the director of the Building and 'Boning Depart ^lent- roll,en an application is denied, the Board's notice shall provide an ad•-quate iTritt''n explanation of its decision to disapprove the application. The Board shall keeo a record of its actions under this ordinance. Vi . Demolition A. Demolition of a deci^nated building, structure, improvement or site ma-r occur pursuant to all order of a government agency or a court of ccmpetent jurisdiction or pursuant to an application by the owner for a Special Certificate of Appropriateness. demo 4 21l unsa- e structures shall receive notice of- designati cn oJ7 individual Sites, districts or archeological Zcnes pursuant to Section 10 of this Charter. The Board shell be deemed an interested titled to receive notice of any public hearings part---,- and shall be en ccnducted by said go-:errument, agency regarding demolition of any designated property. The Board may make recOmmendaticns and suggcStlons to the gover !iment agenc1r and the owner(s) relative to the feasibi li _• of and the put:lic interest in preserving the designated property. C. No permit for voluntary demolition of a designated buildi::7, str-ct :re, improvement or site shall be issued to the owner(s) thereof until an application for a Special Certificate of Appropriateness has been submitted and approved pursuant to the procedure, in this Section. The Board may grant a Special Certificate of Appropriateness which may provide for a delayed effective date of up to one (1) year. The effective date shall be determined b,,,, the Hoard based upon the relative significance of the structure al:d the time required to arrange an alLernLative to de: -Option. Darin, t!:a demolition delay period, the o.;tler shall make a good faith effol:t to sell or otherwise dispose -of the subject structure- at or belo•a fair market value to an.: public or private person or - @a agl--ncy which gives a reasct:able a csurance of its willingness to preserve and restore such structure on its original site or on a aer.:a : `_Z-I Ji�.e ar.a i':, •. r_C i. �/ ...,,� _oa.: '.,'. L`. r.-:i� ..t-ral .1 fIn..:z; t-h t ;ood �•1th a°ff-_ t Il_1s rl:t be":1 :i,,IC1' 1 e r L ti :i av 1:'' ate Ji.Iii �l t'ss r) 1 cv..iing a �`1Ab ha n Durir:; _ car_ar� � 1. l l•� r_�... . the demolition jela- as it dee,n2 to , �nr'L f' t'l ur. n e c t _Jt_ �.,_ .LL� Sul-_ c.,r. _�n_i, n .� _ardal with tti:.? 1✓u'i=:iQ;"�r?:, 01 tjll:3 ordlnliSuch str'7:i rlla,! b11t: shall riot: be lirai.ted to, consuit,ltiocl with civic group, ;, public agencies and intcre st::d Cif:ice': 11 , recommendzitions for acquisition Of nr,,z;trrt_ by U1lblic or privat bodies or agEnc—' s, and e.xploratylr, oL ino:'4 cI - or more st:_:lctunr s or other r ea"a22 . e _ f D. In addition to all other provi::ioris of this or::ii.ar:ce, ti�� �:orard snail con i —r file foil-.7ina criteria in * v a..,uci annI iCa,zions for a Spec-' al Cert' " ca to Ol f? p�.rcpriaten�- for do:,volition of designated properties: (a) Is the strurt�ure of such interest or quality that it would rea -sonably meet national, state, or 'local criteria for decic;ation as an historic or architectural landmark.? (b) Is the structure of such design, cr�lftslilanship, or material that it could be reproduces only :with great difficulty and/or expense? (c) Is the structure one of the last remaining exaz-,iples of its kind in thie neighh,orhood, the Count,, or the region? (d) Does the structure contribute significantly to the historic character of a designated district? ( t�) Vlould retention of file structure promote thc! genera %welfare of the County by providing all opportunity for study of local history, architecture, and design or by developing an understanding of the importance and *value of a particular culture and heritage? f) Are there definite plan-- for reuse of the property if the proposed demolition a iseffectzofdthos a1dl wllon tht_1cit�i�Iraicttr of the surroullditlg area? VI I . '411 :', by re asoIl of particui.:tl' Site cond_4 t:ioIi and" restraints, or bC:C 1USe Of Ujju.rllal circumst:ancvs applicable solely to the zpplic nt, strict enforceljelit of the provision, of this orwcul d re-lul t in seriou-- ulidUe economic 11ardshiY to tiro arnl.icant, Lilt: Lo�ird; .';hall have the po•:,cr to vary or rlodify adherence to this Ordil:dIlce; provided that its requiremeI1ts .. i.�I�l. _• . `... .��. uL3 aclt"".JIr :Iiz: i tt.e gw:.--r :_ ouL-poJ3 _'J hereof 3I1:. �1_ t i`1:�_'--zeI affect al�'? l^.11fii:' Cii:ideii-,!:- fc, Ii" ::Gjl at�..ii :i `':i: ar�ti i J .: 1 ma-; be dove lcned burr the Board. vIiI. No Building Permit shall be issued by the Director of the Buildirlig and uoniI q Department '.Ihich affects any designated property in Dade County without a Certificate of ::Gpronriateness. IX'. All work perfor.-w2d pursuantL to the issuance of an:i Cerificate of Appropriatenes3 shall Co tori.1 to the reauire:nents of the Certificate. The Count: •tanager shall declgn mice an ap!,ropriata official to assist the Board by making necessary inspections in connection with enforcement of this ordinance and shall be emro•:ierec*, to issue a st^p worn order iI. perfor,,,,iZi/ce is not in accordance the issu:.d certificate. No work shall proceed as lolly as a stop +i:vr:: Ora.e _ cOi.ti:,u:=5 lli effect. Copies Of in- t:!CtlUtl L'CpOL't.S shall be furnis:l?d to the Board and copies of any step werk orders both to the Bcard and the applicant. The Building Zoning Director or apnrcoriate official and staff for the Board shall be responsible for ensuring that ally work not in accordance with an issued Certificate of Appropriateness shall be corrected to comply with the Certificate or Appropriateness prior to withdrawing the stop work order. X. For the purpose of remedying emergency conditions detcrmi :ed to be dangerous to life, health or property, nothing ccntaincd herein shall prevent the making of any temporary cellstructien, reconctructicn or other repairs to a building or site in Dade Count_/, pursuant to an order of a government 'agency or a court of competetlt jurisdiction. The owner of a building damaged by fire or natural calai:iit1 shall be permitted to stabilize the building in;rr,ediatcly without Board approval, and to rehabilitate it later lender ncormlil review procedures of this ordinatice. XI . if 110 action 11potl an appl:icc' cion is ti. kell witilli n si::ty (GO) da ,:. from the date of application, such application shall be deemed to have been approved and no other evidence of approval shall be needled. This time limit— may be waived by mutual j,/ written consent of the applicant and the Board. �' ..j� I F G. Li— '11 T 'h!2. 2'3'-I a Shall 11'i tr.- ?!Iri:JI lr• +� �°?':1` '/ �r•�ii'�..i.v.:'i n for C`rti. il'ZtF� c I :rp� �pr� aten :�s I ol: Ii i ;)I oc•'Ct _r. ,, ..� :crl:.t hove:•er o'•tined, b:. nit!:eI ar, ; 1` > or ::u.i:.0 p•_uties. ;!.� Ir.�,�_,e:� of this OlAinance S11t111 apply t_Jlt•11i_," to p1'Jj':!C'!-, or lOir: executed or assist.2d b,; any pl:i•rate party, : � or agenc , department, aut!1oi:it:; oL' board of t!i citY, co!Intl Or state. l er Sr1C t: Cil 1 �. I•I�;i.:1t"_n�lnC`.'_ O f DCS 1.:1I1c, t C1 P: 1:�_ t Nothing in this Or Iillunce sh111 bC' con:true�i to prevent t!1 o:Cl: ar; nlali:t�nance cr repair o� an e::t: rlor ele:rientc of an_; 11d logs not in`'o ;e, a chan,:_Oi. deS1gn, appcaraIice of �clatc rl�tl , and 'which doe's not require a build. ,Ig permit. Section 13. Certificate, to Dip I. within an archeological zone, new coI ztravticn, filling, digging, the rer;-+o,.-a1 of trees, or an*,; other activity that my alter or reveal an interred archeological site shall be prohibited wit;lout a Certificate to Dig. All applications to all appropriate municipal or county agencies in-:ol-.ing ne-a coi:struction, laz: scale digging, the remo•,ral of trees or an,. other activity that mc:-' reveal or disturb all interred archeological site, in an archeological zone shall require a Certificate to Dig before approval. Eased on the designation repor`L for thc_- archeological none, a complete application for a C•_rtific ate tc Dig and any additional guidelines the Board may deem necessary, the staff of the Board shall, within ten days from the date the completed application has been filed, approve the application for a Certificate to Dig by the owners of a ; Cn I . .� property in a dcsignated archeological zone. The Certificate to •�-,� I)ig may be made subject to specified conditions, including but not a Q llmilk=Cld to, cC)nditiCin3 rc;gardlnI l sito eXcdv.:tlOIl. In ordor to ....� Ni -. t,, • 7 � 1 tents of the Cc��t ll;l it t: t c. y CC::;•`... 411�.. tl.l_ ..,ltc. k::C�=.l�.t GII rCC�t:l.ti'A -. � 1 1 , , Count,, 1 s Dig, the appl i cant Inay agree to permit the Count, Archeo_ogist to cc;nc::::t excavation frog.t the time of the approval of the Certiiic,Ita —n (` r., to Dig until the effective date thereof. The findings of the st.ai* �.. � Shall be I:laileci to the applicant by rugi.;cered :nail procupcly. The � applicant snall have the opportunity to chullen'3e the staff decision; ar an.• corditions `o the zc a of the BcaL•14 Board :,;ial:3:tya a ft'`r siich a request dnd :shall ma_ -e e vt?r . e f't'0I."t to . C'. few _and reconsider the OrLglnal ~lt f to arrive at In eel:titable decision. The decision of the Board siiall be reduced to '.%tltiri within seven days from th`;, date of the meeting. II. Approved Certificates to Diu - Apnroved Certificate-s to Die, si:all contain an eii,ct1`:f, data riot to exceed sl::t1 (GO) days at. L;t11C:i -ime the proposed acts 11t, m�l`i begin, UnleS3 the -< ,may to tt ey an individual Eoar:; de._1;: � to d_ ial a� �,i._ �i�t� �n question a� site or district pursuant to Section 10 of this ordinance in whic" all t:ie rules and regulations pertaining to the designation process shall acni%, tro2ri the date the desicnwrioli recort has been filed. III. All work performed pursuant to the issuance of a Certificate to Dig shall conform to the requirements of such Certificate. It shall be the duty of the appropriate goverrument agencies and the staff of the Board to inspect from time to time any work pursuant to such certificate to assure compliance. In the event work is performed not in accordance with such certificate, the official de2ignated by the County Manager pursuant to Section shall be empowered to issue a step work order and all work shall cease. No per -on, firm or corporation shall undertake any work on such projects as long as such stop work order shall continue in effect. Section 1^ Arncls Within twenty (20) days of the written decision of the Board, an aggrieved party may appeal the decision by filing a written notice of appeal with the Clerk of the Board of County Co:T:.,missioner.s. The notice of appeal shall state the decision which is being aPpeal.ed, the grounds for the appeal, and a brief summary of the relief which is sought. Within si:sty (GO) days of the - filing of the appt-al or the first regular county commission meetin'; CIO which is scheduled, whic3it:ver is later in time, the count;' Corui1ission shall conduct a public hearing at which time they may affirm, Omodifv or reverse the decision of the Board. Not3iing contained .' .!herein s3;all preclude the County Commission from seeking additional _..i1.jinforrmation prior to rendering a final decision. The decision of �J7 Q • r • : QeP.u•? No. 1? (:'om"Mission Shall be in and _1 �OC�: �� .:aC' =J�� •:i Sticlii be 0..: ar:led to the and ..he `,vlti1121 tEl�' t1mC �^.r�?cCrib1',j b'v til!? ,al�E:COUL'i•:t::C'Florida Rules '-o .,Xucllate ProcedllrQ, •a Hal:t:y ac'r:.l-_.ved b'i a i1+_Cioion OIL the Count- Coi1SmissioI1 may dIl ad'vel-se decision to t:he Clrcuit Cou-, t in and iol: Dade County, F lc,rida. Thi:: part: t,-Iking the appe--al shall be required to pay to the Clerk of the Board the sure of one Hundred Dollars ($100.00) to defray th,3 costs of prep ring the record on anneal. S _._;c11 15. Penalties Failure by an o,, ner of record to compl%, with any provision of this ordinance shall constitut a violation hereof and shall be punishable by the Board by- civil or criminal penalties including a amine of not more than $500.00 per day for each day the Violaton continues and/or sixty (60) days imprisolment in the all. In adlCI,ltha ar cot. ay require that any Wor... performed contrary to this ordinance must be re:7oved and the property returned to its condition prior to commencement of said action. se-c::icn lb. Incentives All properties designated as individual sites in a designated district shall be eligible, upon application by the owner(s), for any available financial assistance set aside for historic preservation by i` Ctropolitc ll Darl-a County colltingel:t on thy:: availability of flindC and t::e scope of the project as described in the application. Section 17. If any section, subsection, sentence, clause or provi-cion of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 12. It is the intention of the Board of County Cu,mmissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code_ of Metropolitan Dadt�! County, Florida. The sections of this ordinance IwAy be renumbered or relctLered to accolnpl-iSh stictl intention, and the Word tlordi :ancetl may be chaI o,.-d to 11--ectiontt, "article", or otht_r aunrorri<tte Word. TI VE DuCU M ENTS r FOLLOW" =-.ec' _0I1 i`? This Cr'.1:1ance �h311 uecc;;-. e ef_ecI :e days alter the date of its enactment . PASS E"D AND ADOPTED: Approved by County Attorney as to form and legal sufficienc.1. Prepared by: I