HomeMy WebLinkAboutCC Legislation (Version 2)File Number: 08-01407A
City Hall
3500 Pan American
Drive .-
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"HISTORIC PRESERVATION" TO REFLECT THE PROVISIONS AND LANGUAGE
OF THE MIAMI 21 CODE; TO CREATE A PROCESS FOR THE TRANSFER OF
DEVELOPMENT RIGHTS FOR HISTORIC RESOURCES THROUGH THE PUBLIC
BENEFITS PROGRAM; TO CREATE ADDITIONAL DEFINITIONS; TO ESTABLISH
A THIRTY-FIVE (35) FOOT HEIGHT LIMIT WITHIN THE BOUNDARIES OF THE
MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC DISTRICT; AND TO
ESTABLISH PROVISIONS FOR THE GRANTING OF EXCEPTIONS, WHEN THE
RESULT LEADS TO THE PRESERVATION OF A SIGNIFICANT HISTORIC
STRUCTURE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the preservation of the City of Miami's ("City's") historic resources is a significant
goal in the city's overall vision for its future; and
WHEREAS, with the increasing competition for land and the relative expense of maintaining
significant resources in their historic condition has made historic preservation exceedingly difficult
financially, particularly when the land is zoned for a greater density; and
WHEREAS, the public bonus process instituted through the Miami 21 Code will provide a
market for unused base development rights; and
WHEREAS, there are historic resources within the City that have not yet been historically
designated but would be eligible for designation, and thus for the incentive offered by the Transfer of
Development Rights incentive; and
WHEREAS, certain provisions of the Miami 21 Code with respect to open space, off-street
parking, minimum lot size, signage and/or loading requirements prevent a historic resource from strict
compliance, and therefore preclude a viable use; and
WHEREAS, as a Certified Local Government, recognized by the Division of Historical
Resources, Florida Department of State, the City is required to review nominations to the National
Register of Historic Places; and
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
City of Miami Page I of 13 Printed On: 10/9/2009
City of Miami
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Legislation
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Ordinance
File Number: 08-01407A
City Hall
3500 Pan American
Drive .-
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"HISTORIC PRESERVATION" TO REFLECT THE PROVISIONS AND LANGUAGE
OF THE MIAMI 21 CODE; TO CREATE A PROCESS FOR THE TRANSFER OF
DEVELOPMENT RIGHTS FOR HISTORIC RESOURCES THROUGH THE PUBLIC
BENEFITS PROGRAM; TO CREATE ADDITIONAL DEFINITIONS; TO ESTABLISH
A THIRTY-FIVE (35) FOOT HEIGHT LIMIT WITHIN THE BOUNDARIES OF THE
MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC DISTRICT; AND TO
ESTABLISH PROVISIONS FOR THE GRANTING OF EXCEPTIONS, WHEN THE
RESULT LEADS TO THE PRESERVATION OF A SIGNIFICANT HISTORIC
STRUCTURE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the preservation of the City of Miami's ("City's") historic resources is a significant
goal in the city's overall vision for its future; and
WHEREAS, with the increasing competition for land and the relative expense of maintaining
significant resources in their historic condition has made historic preservation exceedingly difficult
financially, particularly when the land is zoned for a greater density; and
WHEREAS, the public bonus process instituted through the Miami 21 Code will provide a
market for unused base development rights; and
WHEREAS, there are historic resources within the City that have not yet been historically
designated but would be eligible for designation, and thus for the incentive offered by the Transfer of
Development Rights incentive; and
WHEREAS, certain provisions of the Miami 21 Code with respect to open space, off-street
parking, minimum lot size, signage and/or loading requirements prevent a historic resource from strict
compliance, and therefore preclude a viable use; and
WHEREAS, as a Certified Local Government, recognized by the Division of Historical
Resources, Florida Department of State, the City is required to review nominations to the National
Register of Historic Places; and
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
City of Miami Page I of 13 Printed On: 10/9/2009
File Number, 08-01407zt
Section 2. Chapter 23 of the Code of the City of Miami, Florida, as amended, entitled "Historic
Preservation" is hereby amended in the following particulars: {1}
"Chapter 23
HISTORIC PRESERVATION
ARTICLE I. HISTORIC PRESERVATION
Sec. 23-1. Intent and purpose.
(b) The purpose of this chapter is to:
(4) Provide a mechanism whereby the Historic and Environmental Preservation
Board may, in the interests of historic preservation, allow signage which has
been deemed "historic" to remain, and be repaired, restored, structurally
altered, or reconstructed.
(5) Through the historic preservation exception, provide a mechanism for the
granting of a certain use when the granting of such use is necessary to
encourage or assure the continued preservation of the individually
designated historic resource, or "contributing" building within a historic
district.
{i-}(6) Provide an incentive for historic resources, and those deemed "eligible" for
historic designation, known as "Transfer of Development Rights for Historic
Resources",
¢6-}(7) Establish minimum standards to qualify eligible resources, that while not yet
officially locally designated under the provisions of this chapter, qualify as
eligible for listing and thereby may apply for Transfer of Development Rights,
provided that the resource is formally listed in the Miami Register of Historic
Places within one year from the date of the Historic and Environmental
Preservation Board's review of the application.
{x}(88) Establish procedures for the review of nominations to the National Register
of Historic Places as governed by the requirements of the Florida Division of
Historical Resources.
(44(9) Assure that alterations and new construction within designated historic sites,
historic districts, and archaeological zones are compatible with the property's
historic character.
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Sec. 23-2. Definitions.
The following definitions shall apply only to this chapter; undefined terms shall be
defined as set forth in the National Historic Preservation Act of 1966, as amended, or as
commonly used:
Eligible Historic Resource. A term used to describe archaeological sites and
individual buildings, which have not yet been locally designated under the provisions of
Chapter 23, but have met the eligibility criteria and been certified by the Historic and
Environmental Preservation Board as having met that criteria; so that they may take
advantage of the Transfer of Development program, providing that their owners commit to
the official local designation within a period of one year from the Board's approval of the
determination of eligibility.
Environmental Preservation District: Geographical areas, parcels or corridors,
which have been or may be identified in the future, established by the City Commission as
having significant natural or aft#is+al manmade attributes in need of preservation and
control because of their educational, economic, ecological and environmental importance to
the welfare of the general public and the city as a whole, and identified in the Official Atlas
of Environmental Preservation Districts and Scenic Transportation Corridors.
Historic and environmental preservation atlas. The Official Historic and
Environmental Preservation Atlas of the city, as amended, which shows all designated
historic sites, historic districts, and archaeological zones.
Historic Preservation Exception: When used in this chapter, an exception allows for
a certain use to be allowed in specifically identified transects, when such use results in
significant preservation strategies.
Historic Preservation Waiver.- When used in this chapter, a difference from what is
required under the underlying zoning distF;^+ transect provisions and what may be allowed
when used to promote historic preservation.
Historic resource. An overarching term used to describe the various categories of
properties which have demonstrated significance in the history of the city, the county, the
state and/or the nation. These properties include landscape features, archaeological sites
and zones, structures, buildings districts, and objects.
Sec. 23-4. Designation of historic resources, historic districts, and archaeological
sites and zones.
(a) Criteria for designation.
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(b) Criteria Exceptions.
(c) Procedures for designation. Properties which meet the criteria set forth in
subsection 23-4(a) may be designated as historic resources, historic districts, and
archaeological sites and zones according to the following procedures:
(1) Proposals and preliminary evaluation. Proposals for designation may be made
to the board by any one of its members, the mayor, the city commission, the
planning department, any other city department, agency, or board, or any interested
citizen, organization, agency, association, board, or business entity. The board shall
conduct a preliminary evaluation of the data provided in the proposal for
conformance with criteria set forth in subsection 23-4(a); and shall, if appropriate,
direct the planning department to prepare a designation report. The board may
require the party initiating such proposal to provide any necessary documentation,
and to pay any applicable fees.
a. Notification. At least ten days prior to the meeting at which the board will
consider the preliminary evaluation, the owner of property or his designated
agent or attorney, if any, which is the subject of said proposal for designation
shall be notified by certified mail of the board's intent to consider the
preliminary evaluation of the property. Should the applicant be a person
other than the property owner or their designated agent or attorney, the
applicant of record shall be notified as well as the owner of the subject
Property. For historic districts where there are more than fifty properties to be
considered, the owners shall be notified by first class mail and by the
published notice.
Sec. 23-6. Transfer of Development Rights for Historic Resources; Provision for a
Determination of Eligibility Process, and Special Provisions for Resources within the
Miami Modern (Minto)/Biscayne Boulevard Historic District, prohibiting certain uses;
and establishing a thirty-five (35) foot height limit.
It is the intent of this section to encourage the preservation of historic resources by creating
a vehicle whereby the otherwise unusable development rights for historic resources may be
converted into an asset that may be sold to a receiving site where a greater inteRsity is
^„rrently all.,,e a d. located within a T-6 transect, where a public benefits bonus may be
used. Owners of eligible properties shall be issued a "Certificate of Eligibility" following
confirmation that the property meets the criteria established in Section 23-6 (a) or has been
determined eligible under the process described in Section 23-6 (c) of this Code.
(a) Eligible Properties (Sending Sites).
(1) Under the TDR provisions described in this section, a property owner is
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automatically eligible to apply to sell their unused development rights if the
property is located in a T4-0 transect or higher, and is classified as one or
more of the following_
a. Individually listed in the National Register of Historic Places;
b. Listed as a contributing property within a National Register district;
c. Individually listed in the Miami Register of Historic Places under the
provisions of Section 23-4 of the Miami City Code;
d. Listed as a contributing property within a local historic district under the
provisions of Section 23-4 of the Miami City Code;
e. Qualified as an "eligible historic resource", after having met the criteria
for eligibility set forth in sub -section (c) below, and so determined by
the HEPB.
Otherwise qualifies as a historic resource, but that has lost its historic
integrity because of major alterations and/ or additions; provided that
it can be shown to the HEPB that:
1. The building's original appearance can be documented.
2. The owner applies for and receives a Special Certificate of
Appropriateness, detailing the steps to be taken to restore the
original appearance of the building;
3. The owner substantially completes the proposed restoration
activity before an application for Transfer of Development
Rights is submitted.
A multi -family residential structure in T4 -R Transect , shall be eligible for the
TDR program, only in the event it is:
a. Individualiy listed in the National Register of Historic Places; and/or
b. Individually listed in the Miami Register of Historic Places.
C. Qualified as an "eligible historic resource" by the HEPB after having
met the criteria for eligibility set forth in sub -section (c) below, for an
individualiy significant resource.
(2-} A contributing or non-contributing resource contained within the boundaries
of the Miami Modern (MiMo)/Biscayne Boulevard Historic District shall be
eligible for the TDR incentive as further described in Section 23-6(3)(b).
(b) Miami Modern (MiMo)/Biscayne Boulevard Historic District.
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In a Turiner ETTort to maintain a aaiance OT retail, entertainment ana Service uses, no
additional car washes or service stations shall be permitted within the historic
district. Car washes and service stations existing at the time of the passage of this
ordinance shall be grandfathered and allowed to remain.
(2) Calculations of Available Development Riqhts (Sending Property) for the
MiMo(Miam_iModern) / Biscayne Boulevard Historic District.
(a) For those contributing properties contained within the Miami Modern (MiMo)/
Biscayne Boulevard Historic District deemed eligible to participate in the TDR
program under the terms of Section 23-6 (1), the Zoning Administrator or their
designee shall calculate the unused development potential (base development
rights) that may be transferred to a receiving property at two and one quarter
(2.25% per square foot of the available square feet permitted by the underlying
transect, thereby recognizing the additional requirements associated with the
rehabilitation of a historic property. Notwithstanding these calculations, based on
the allowable development rights prescribed by the Miami 21 Code transects for
this historic district, no building or structure contained within the boundaries of the
Miami Modern (MIMO)/Biscayne Boulevard historic district shall exceed thirty-five
(35) feet in height.
(b) For those non-contributing properties contained within the Miami Modern
(MiMo)/Biscayne Boulevard Historic District as described in Section 23-6 (B), the
Zoning Administrator or their designee shall calculate the base unused
development rights at one and three quarters (1.75 %) per square foot of the
total available square feet permitted by the underlying transect which shall be
available for transfer (sale). The lot itself may be developed at one hundred
percent 0 00%) of its- capacity under the requirements of the historic district
guidelines, and the Miami 21 Code. Notwithstanding these calculations, based on
the allowable development rights prescribed by the Miami 21 Code transects for
this historic district, no building or structure contained within the boundaries of the
Miami Modern (MIMO)/Biscayne Boulevard historic district shall exceed thirty-five
(35) feet in height.
04 (3) Standards for the Improvements to Non -Contributing Structures. When
improvements to non-contributing buildings are made, the following guidelines shall be
implemented:
a. Use of building materials commonly found in the construction of the
"contributing" structures within the historic district.
b. Installation of signage that is in keeping with the periods of
significance represented in the district (1924-1956);
c. Architectural design that complements the historic building types and
vocabulary which include:
i. Mediterranean Revival
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ii. Art Modern
iii. Art Deco
iv. Miami Modern (MiMo)
v. South Florida Regional Vernacular
e.g. a style or type of building that represents the local or
indigenous adaptations of design resultant from the climate
traditions, and available building materials in the region.
Nothing in these standards shall be construed to encourage a false
sense of historical appearance. Replications or reconstructions shall be
permitted only as specifically allowed by the HEPB, and under the
provisions of Section 23-6 (1)(f).
(8) Calculations of Available Development Rights (Sending Property).
1. For those properties deemed eligible to participate in the TDR program under the
terms of Section 23-6 (1), the Zoning Administrator or their designee shall calculate the
unused development potential (base development rights) that may be transferred to a
receiving property at 100% of the available square feet permitted by the underlying
-ming distrin+ transect.
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(9) Requirements for the Preservation of Eligible Historic Resources (Sending Properties) Using the
Provisions of the TDR: Application Process.
(10) Release of Certificate of Transfer
(11) Covenant (Sending Property)
kl- }_12. Restrictions (Receiving Property)
a. The TDRs may only be used areas efthe -ci+„ s„ desigRated as ro not rine
`iter where aR innrease in in+e RGity from the i Rderhrinn ZGninn diS+rin+ is
allGwed-speGifieally-feF the use (Df the hiGt r' TnRs. in T-6 transects
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where the public benefits bonuses are allowed,
b. In no case shall the TDRs be used to exceed the maximum base
development rights and the potential bonuses of the receiving
property.
c. In no case shall the Certificate of Transfer be issued until the
requirements for the sending property have been met, and a
restrictive covenant filed in the Public Records of Miami -Dade
County. All such covenants shall be reviewed by the city's Law
Department for form, and by the city's Planning Department for
content. The Miami -Dade County Property Appraiser's office will be
copied on all such transactions.
Sec. 23-7. Waivers and Exceptions for Locally Designated Historic Resources.
In an effort to promote and encourage the preservation and adaptive use of locally
designated resources, so designated pursuant to the provisions of Section 23-4 of this
article, the HEPB may grant a certain exception to a use permitted in specific transects,
and/or may grant certain waivers to the i^ning Code Miami 21 code provided that it will
result in the preservation of a locally designated property.
1. Historic Preservation Exceptions
Bed and breakfast uses complying with applicable codes may be permissible as an
exception in T -4R, T -5R, and T -6R residential transects. Such uses shall be
Permissible only within existing structures that contribute to the historic character of
the historic resource or district, as identified in the designation report prepared
pursuant to Chapter 23 of the Code of the City of Miami; and shall not be
permissible in any case where the structure(s) of principal historic significance has
(have) been destroyed or damaged beyond repair, unless such structure(s) is (are)
reconstructed in accordance with a certificate of appropriateness approved by the
board pursuant to the provisions of chapter 23 of the Code of the City of Miami. Any
use authorized pursuant to this section shall comply with all regulations applicable to
the same or similar use in the most restrictive transect permitting such use to the
extent such regulations have not been modified pursuant to this section.
a-2. Historic Preservation Waivers.
The board may authorize certain waivers to the requirements -of the underlying
ZnniRg dmStF[Gt transect to the extent indicated herein.
a. Waivers concerning existing buildings
2. In cases where the configuration of a locally designated property
or a contributing property within a locally designated historic
district precludes reasonable and appropriate use of the
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property within the underlying Z^^'n^ distriet transect a waiver
of up to twenty percent 22%J from the underlying
requirements for setbacks, building footprint, and green space
may be authorized by the board.
3. In cases where the size or configuration of a locally designated
property, or a contributing property within a locally designated
historic district is such that compliance with off-street parking
requirements would destroy the historic character of the property,
the board may authorize a reduction of up to 100% one hundred
percent 100% of the number of parking spaces that would
ordinarily be required for a new structure of equivalent use and
floor area. Such a reduction will be granted only when it can be
demonstrated that:
b. Waivers concerning additions
1. Waivers for additions to existing buildings may also be authorized
by the board when necessary to assure the preservation of
historic resources and historic districts subject to the
limitations described in Section 23-7.
c. Procedures for granting Exceptions and Waivers.
f. Standards.
In addition to the guidelines and standards for issuing certificates of
appropriateness as set forth in Section 23-8 of the Miami City Code, the
Board shall determine that the following standards have been met before
reaching a decision to grant a special certificate of appropriateness:
The exception or waiver shall be the minimum necessary to
assure the continued preservation of the historic structure;
and
2. The exception or waiver shall be in harmony with the general
intent and purpose of this chapter.
g. Conditions and safeguards.
In granting any exception or waiver, the board may prescribe
appropriate conditions and safeguards necessary to protect and further the
interest of the area and abutting properties, including, but not limited to,
landscape materials, walls, and fences as required buffering; modifications
of the orientation of any openings; modification of site arrangements; and
control of manner or hours of operation.
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h. Requirements for substantial rehabilitation.
As a condition of granting an exception or waiver, as determined by
the board at the time of granting the special certificate of appropriateness,
the board may require that the structure(s) for which the exception or waiver
is (are) requested be substantially rehabilitated in accordance with the
Florida Building Code, the National Fire Prevention Code, the U.S. Secretary
of the Interior's "Standards for Rehabilitation," and any other applicable
codes and regulations.
Sec. 23-8. Certificates of appropriateness.
(a) Certificates of appropriateness, when required. A certificate of appropriateness
shall be required for any new construction, alteration, relocation, or demolition within a
designated historic site or historic district_ A certificate of appropriateness shall also be
required for exceptions or waivers from the provisions of the zeniRg Miami 21 code, or any
successor zoning code. A certificate to dig shall be required for any ground disturbing
activity within a designated archaeological site or archaeological zone or within an
archaeological conservation area. All certificates of appropriateness and certificates to dig
shall be subject to the applicable criteria in subsection 23-3 9(h) and any other applicable
criteria specified in this chapter, as amended. No permits shall be issued by the building
department for any work requiring a certificate of appropriateness unless such work is in
conformance with such certificate.
(b) Procedures for issuing certificates of appropriateness.
(4) Special eCertificates of aAppropriateness. Where the action proposed in
an application involves a major addition, alteration, relocation, or demolition,
as specified by the rules of procedure of the board; er—where the
preservation officer finds that the action proposed in an application involving
a minor alteration is not clearly in accord with the guidelines as set forth in
subsection 23-39(c); or when the applicant is requesting a waiver from the
requirements of the zoning Miami 21 code or requesting an exception, the
application shall be classified as a special certificate of appropriateness, and
the following procedures shall govern. The applicant may also reques that hi
pplication be clssified as a s§ipe6ial-eCertificate of aA.
a. Public hearing. When a complete application is received, the
preservation officer shall place the application on the next regularly
scheduled meeting of the board. The board shall hold a public haring to
review the application. All public hearings on all certificates of
appropriateness conducted by the board and hearings on appeals of
board decisions to the city commission regarding certificates of
appropriateness shall be noticed as follows:
1. The applicant shall be notified by mail at least ten calendar days prior
to the hearing.
2. Any individual or organization requesting such notification and paying
any established fees therefore shall be notified by mail at least ten
calendar days prior to the hearing.
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3. An advertisement shall be placed in a newspaper at least ten calendar
days prior to the hearing.
4. Any additional notice deemed appopriate by the board.
b. Decision of the board. The decision of the board shall be based upon
the guidelines set forth in subsection 23-58(c), as well as the general
purpose and intent of this chapter and any specific design guidelines
officially adopted for the particular historic site resource, historic district,
or archaeological site or zone. No decision of the board shall result in an
unreasonable or undue economic hardship for the owner. The board may
seek technical advice from outside its members on any application. The
decision of the board shall include a complete description of its findings,
and shall direct one of the following actions:
3. Denial of a sSpecial eCertificate of aAppropriateness,
including denial of a special certificate of
appropriateness for demolition; of
4. Issuance of a sSpecial sCertificate of ,aAppropriateness
with a deferred effective date of up to six (6) months in
cases of demolition or relocation of a contributing
structure or landscape feature, pursuant to the
provision of subsections 23-5(c)(2), (3), and (4), or up
to forty-five k,451 calendar days for any work potentially
affecting an archaeological site, archaeological zone,
or archaeological conservation area, pursuant to the
provisions of subsection 23-5(c)(5).
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5_6--. Issuance of a written communication prepared by the
Preservation Officer to the Director of the Planning
Department and the Zoning Administrator that sets out
the exact parameters for the waiver (s) from the
provisions of the zs Miami 21 code and the
reasons wherefore, and/or their decision as to the
exception allowed within a certain transect, and their
reasons wherefore, or
6. Issuance Accelerated Certificate of Appropriateness.
There are occasions when an applicant is proposing
physical changes to a resource that is simultaneously
being considered for local historic designation. Under
those circumstances, and only if the proposed
changes are of a substantial nature, the historic
Preservation officer shall follow the procedures
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specified for a Special Certificate of Appropriateness.
A hearing for an Accelerated Certificate of
Appropriateness will be preceded by the Preliminary
Designation Report, in order to establish whether or
not the resource appears to meet the criteria for local
historic designation.
e. Appeals. The applicant, the planning department, or any
aggrieved party may appeal to the city commission any decision of
the board on matters relating to certificates of appropriateness by
filing within fifteen j151 calendar days after the date of the decision a
written notice of appeal with the hearing boards department, with a
copy to the preservation officer. The notice of appeal shall set forth
concisely the decision appealed from and the reasons or grounds for
the appeal. Each appeal shall be accompanied by a fee of $500.00.
The city commission shall hear and consider all facts material to the
appeal and render a decision as promptly as possible. The appeal
shall be de novo hearing and the city commission may consider new
evidence or materials iR aGGE)rdanGe—With Ses. 2094Gthe Zoning
9FdiRanGe The city commission may affirm, modify, or reverse the
board's decision. The decision of the city commission shall constitute
final administrative review, and no petition for rehearing or
reconsideration shall be considered by the city. Appeals from
decisions of the city commission may be made to the courts as
provided by the Florida Rules of Appellate Procedure.
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Leg
-{h_} Guidelines for issuing certificates of appropriateness.
(3)Applications for a Waiver. An application for a waiver(s)
from the provisions of the '^nom,,,, g Gtee Miami 21 Code will be
made on forms provided by the Planning Department, and will
be processed and noticed in accordance with the procedures
for a Special Certificate of Appropriateness.
Sec. 23-9. Administration, enforcement, violations, and penalties.
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(2) Preservation board public hearing. The board shall conduct public hearing with notice as set forth in
subsection 23-7(4)(a). 23-8(b)(4)(a) . .
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective upon one hundred and twenty (120) days after
final reading and adoption thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O, BRU
CITY ATTORNEY
Footnotes:
{1) Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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