HomeMy WebLinkAboutO-13116VoF, City of Miami
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Ordinance: 13116
File Number: 08-01407A
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/22/2009
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.
Section 2. Chapter 23 of the Code of the City of Miami, Florida, as amended, entitled "Historic
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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:
Enactment Number: 13116
(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, relocated, structurally altered, or reconstructed.
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" by the City HEPB
for historic designation, known as "Transfer of Development Rights for Historic Resources".
k6)(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.
{-)(8) Establish procedures for the review of nominations to the National Register of Historic
Places as governed by the requirements of the state division of historical resources.
{8-)(9) Assure that alterations and new construction within designated historic sites, historic
districts, and archaeological zones are compatible with the property's historic character.
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:
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Eligible Historic Resource. A term used to describe archaeological sites and individual buildings,
which have not yet been locally designated under the provisions under this chapter 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 Rights 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 a+al landscape 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 zeninn district 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.
(b) Criteria Exceptions.
(c) Procedures for designation. Properties which meet the criteria set forth inhen Section
23-4 {a-) may be designated as historic resources, historic districts, and archaeological sites and
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zones according to the following procedures:
Enactment Number: 13116
(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 (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, on file with the
city, ifif 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 designated agent or attorney on file with the city, the
applicant shall be notified and the owner of record of the subject property shall be notified. For
historic districts where there are more than fifty properties to be considered, for designation, 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 (MiMo)/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
process whereby the otherwise unusable development rights for historic resources may be
converted into an asset that may be sold to a receiving site whore a greater intensity is irrentlyi
allowed. 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 subsection (1) or has been determined eligible under
the process described in subsection (3).
(1) Eligible Properties (Sending Sites).
(a) Under the TDR provisions described in this section, a property owner is 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:
1. Individually listed in the national register of historic places;
2. Listed as a contributing property within a national register district;
3. Individually listed in the Miami register of historic places under the provisions of Section 23-4;
4. Listed as a contributing property within a local historic district under the provisions of Section
23-4;
5. Qualified as an "eligible historic resource", after having met the criteria for eligibility set forth in
subsection (3) and so determined by the HEPB.
6. 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:
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A. The building's original appearance can be documented.
B. 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;
C. The owner substantially completes the proposed restoration activity before an application for
transfer of development rights is submitted.
7. A multi -family residential structure in a T4 -R Transect, shall be eligible for the TDR program, only
in the event it is:
A. Individually 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 (3), for an individually significant resource.
M D. 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 subsection (2).
(2)Miami Modern (MiMo)/Biscayne Boulevard historic district. On June 6, 2006 the HEPB designated
that portion of Biscayne Boulevard from NE 50th Street on the South to NE 77th Street on the north,
as a historic district. Historically, Biscayne Boulevard was a premier shopping destination, and later
the principal corridor leading tourists to the spectacular attractions in the Miami area. As the
MiMo/Biscayne Boulevard historic district is the only overwhelmingly commercial historic district in the
city that has been listed in the Miami register of historic places, it is deemed deserving of special
considerations not applicable to the residential historic districts. Over the years, inappropriate infill
construction changed the character of Biscayne Boulevard, resulting in a less -than -cohesive
character. It is the desire of the city to encourage new construction and improvements or remodelings
to existing structures so that they either return to the classic types prevalent during the historic
periods of significance, or represent an improvement that maintains the high standards of
appearance for the entire historic district, as determined by the HEPB. Further, the TDR incentive
shall be available to the structures judged as non-contributing only in the MiMo/Biscayne Boulevard
historic district. The incentive for non-contributing buildings is intended to promote reinvestments
within the overall area encompassed by the historic district leading to its betterment. Nothing it those
standards shall be Genstrued to enGE)Urage a false sense of hiStGFiGaI appearanGe. RepliGatiens or--
reGenStFUGtiOns shall be permitted only as speGifiGally allowed by the HEPB, and under the previs.ens
of s bSeGtion (I)a.6.
(a) Permitted Uses.
In a further effort to maintain a balance of retail, entertainment and service uses, no additional car
washes or service stations shall be permitted within the historic district. Car washes and service
stations existina at the time of the Dassaae of this ordinance shall be arandfathered and allowed
to remain_
(b) Calculations of Available Development Rights (Sending Property) for the MiMo(Miami Modern)
/ Biscayne Boulevard Historic District.
1. For those contributing properties contained within the Miami Modern (MiMo)/ Biscayne
Boulevard Historic District deemed eliaible by the Preservation Officer to Darticioate in the TDR
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program under the terms of Section 23-6 , 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. Buildings existing at the time
of oassaae of this ordinance shall be arandfathered and allowed to remain.
2. For those non-contributing properties contained within the Miami Modern (MiMo)/Biscayne
Boulevard Historic District as described in Section 23-6, 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 (100%) 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. Buildings existing at the time of passage of this ordinance shall be grandfathered and
allowed to remain.
a: (3) Standards for the Improvements to Non -Contributing Structures. When improvements to
non-contributing buildings are made, the following guidelines shall be implemented:
4-.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);
-3. c. Architectural design that complements the historic building types and vocabulary which
include:
e.g. a style or type of building that represents the IGGal or indigenous adaptat ens of desig-R-
resultant from the Glimate traditions, and available building materials On the region.
i. Mediterranean Revival
-13. ii. Art Moderne
G 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
indiaenous adaatations of desian resultant from the climate traditions. and available buildina
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 subsection (1) a.6.
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0)-f4� Qualification as an eligible historic resource -Requirements and certification process.
Application Process and documentation required to qualify as an "eligible historic resource"
E Review for Certification of an eligible historic resource.
4. a. Whether the resource is of such interest or quality that it meets one or more of the criteria
established by subsections 23-4(a)(1-8);
b.Whether the resource maintains its physical integrity, or whether it has been altered to such a
degree that it no longer conveys the qualities for which it was deemed historically significant;
-3. c.Whether the preservation of the resource will promote the general welfare of the city by providing
an opportunity for the study of local history, architecture a4 -and design, or develop an understanding
of the importance and value of a particular culture and heritage;
4: d. Whether or not the resource is one of the last remaining examples of its kind in the city, region,
or state.
Vie. Should the HEPB find that the proposed resource meets the criteria and considerations to be
deemed an eligible historic resource; within 30 days of that decision, a "certificate of eligibility will be
prepared by the historic preservation officer, and mailed (via certified mail) to the applicant.
f. Appeals from the decision of the HEPB.
f—.g_Requirement for local historic designation, "eligible historic resources"
g-. h. Conditions and safeguards -"Eligible historic resources."
1. Upon the determination of eligibility by the HEPB, the owner shall be subject to the restrictions
concerning the requirement for the issuance of a certificate of appropriateness for changes made to
the building. The owner is prohibited from demolishing a structure deemed an eligible historic
resource, until such time as an application for a special certificate of appropriateness for demolition
under the process contained in s4b-sSection 23-6.(b)(4) is adjudicated by the HEPB. (Enter Text
Here]
b. 2. The "certificate of eligibility" will expire within one year from the HEPB's determination, at which
time, the property owner must have applied for local historic designation of the resource which had
been determined eligible.
g-7. Calculations of Available Development Rights (Sending Property)
4. a. For those properties deemed eligible to participate in the TDR program under the terms of
Section 23-6 O , 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 Zoning distri`-t transect, thereby
recognizing the additional requirements associated with the rehabilitation of a historic property.
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(8) Requirements for the preservation of eligible historic resources (sending Properties) using
the provisions of the TDR- Application process.
t (9) Requirements for the issuance of TDRs for "non-contributing" properties within the Miami
Modern (MiMo)/Biscayne Boulevard historic district. "Non-contributing" properties. The intent of the
special incentives along Biscayne Boulevard is to provide capital for improvements to buildings that
may have fallen into disrepair, and thus contribute to the overall appearance and stability of the
boulevard as a whole. Therefore, following the qualification of a non-contributing property as eligible
for the TDR benefit, the owner/applicant shall provide the planning department with:
I—.LjO� Release of certificate of transfer
Covenant (sending property)
Sec. 23-6.1 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 Gle, the HEPB may
grant a certain exception to a use permitted in specific transects, and/or may grant certain waivers
to the %^nin^ Code Miami 21 code provided that it will result in the preservation of a locally
designated property.
Historic preservation waivers. The board may authorize certain waivers to the requirements of the
underlying zoning district, to the extent indicated herein.
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(1) Waivers concerning existing buildings.
Enactment Number: 13116
a. Any building that is individually locally designated or is classified as a contributing building
within a local historic district, as identified in the designation report, shall be permitted to be
repaired, restored, structurally altered, or reconstructed, notwithstanding any conflicts with
provisions of the underlying zoning district requirements pertaining to minimum lot size, setbacks,
minimum lot width, building footprint, green space, off-street parking or loading requirements.
b. 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
property within the underlying zoning distric-t transect a waiver of up to twenty {24D) percent20%)
from the underlying requirements for setbacks, building footprint, and green space may be
authorized by the board.
c. 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 4-99 one hundredep rcent1( 00%) 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:
1=472M.Ium IMUTINMIEN= Mi T.1:T.lGR'fR1:T-S7:T-T�E�rS
1 4sSC)Giated with hic+nriG figures, events, or nlaGes
4 sign may be the only eyidenno of a building's his4oriG use.
0 SUGh as geld leaf en glass, 0
or stainless steel
lett
5. integral to the building's design er physiGal fabFiG; as when a sign is a part of a sterefrent
made of Carrara glass er enamel panels, er when the name of the histGFiG fiffn er the date are_
rendered On stone, metal er tole, (on SUGh Gases, removal Gan Gause damage to the Materials; or--
affeGt the integrity of the building's original designl•
6. Outstanding examples of the sign maker's art. Whether beGause of their eXGeI1
rraftsmanshin so of materials or design;
0 use 0
point in the r•ommunity•
0
8. Assists On defining the GharaGter of a diStFiGt as for example marquees On theater diStFiGtS, E)F
prominent new, , �Jl 1. SSC)Gmated with the proliferation of metels dependent on the tourism
�y.
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(2) Waivers concerning additions. 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 23-6.1.
Historic Preservation Exceptions.
The board may authorize certain exceptions to the requirements of the underlying transect to
the extent indicated herein. 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 he
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 transec permitting sch use; to the extent such regulations have
not been modifursuant to this section.
(3-4) Procedures for granting Exceptions and Waivers.
{4_J Notice and hearings, generally. The board shall notice the public hearing at which the
waiver and/or exception is requested, following the same procedures as is required for a special
certificate of appropriateness.
{�§J Decisions of the Board.
(6 7) Standards
In addition to the guidelines and standards for issuing certificates of appropriateness as set forth
in Section 23-6.2, as amended, the board shall determine that the following standards have been
met before reaching a decision to grant a special certificate of appropriateness:
a. The exception or waiver shall be the minimum necessary to assure the continued preservation
of the historic structure; and
b. The exception or waiver shall be in harmony with the general intent and purpose of this
chapter.
{7_51 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;
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modifications of the orientation of any openings; modification of site arrangements; and control of
manner or hours of operation.
(6-9� 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.
{�IOJ Requirements concerning time limitations
Sec. 23-6.2. 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 zening 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
subseGtien this Section 0) 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 GCertificates of appropriateness. 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 (c); or when the applicant is requesting a waiver or exception from the requirements
of the zening Miami 21 code the application shall be classified as a special certificate of
appropriateness, and the following procedures shall govern.
a. Public hearing. When a complete application is received, the preservation officer shall place the
application on the next regularly scheduled meeting of the board. The board shall hold a public
hearing 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 appropriate by the board.
b. Decision of the board. The decision of the board shall be based upon the guidelines set forth in
subsection (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 sCertificate of aAppropriateness, including denial of a special certificate of
appropriateness for demolition; or
3suance of a sSpecial sCertificate of aAppropriateness with a deferred effective date of up to six
months in cases of demolition or relocation of a contributing structure or landscape feature,
pursuant to the provision ofsubseEt+ens 23-5(G)( , and (43 special certificates of
appropriateness for demolition in this section or up to forty-five (45) calendar days for any work
potentially affecting an archaeological site, archaeological zone, or archaeological conservation
area, pursuant to the provisions of subseGtien 23 5(4t5' special certificates of appropriateness
for demolition in this section.
5.
work that is OnGluded on an appliGation for a major use speGi-al permit (MUSP), pursuant to ar-tiGle 17 of
Qrdmnanre Ne 11000, the zening rdinanGe,as amended.
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 Miami 21 code and the reasons wherefore, and/or
their decision as to the exceation allowed within a certain transect. and their reasons wherefore.
6. 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 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, property owner, any ene member of the Gity nommission the planning
department, or any aggrieved party may appeal to the city commission any decision of the board on
matters relating to designations and certificates of appropriateness by filing within fifteen 15 calendar
days after the date of the decision a written notice of appeal with the hearing boards department, with
a copy to the preservation officer. SUGh 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 $525.00, plus $3.50 per mailed notice required pursuant to 23-4. subseGtien 23 4(b)
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0)-. 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. The city commission may affirm, modify, or reverse the board's decision.
Any deGision to reverse the beard's deGiSiOn shall require a three fifths vote of all members of the Gity
^^mmission. 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. Appeals from deGisiens of the Gity GOMmission may be made to the GC)61rts as previd
the Florida Rules of Appellate PFOGedure. The provisions of subseGtien 23 4 (b) shal! remain on effeGt
during the entire appeal PFC)Gess, unless stayed by a GC)UFt Of GOMpetent jurisdiGtien. The appeal shall
be a de neve hearing and the Gity GOMmission may Gensider new evidenGe or materials on aGGE)rdanGe
with § 2004 of the zoning ordinanGe. Appeals shall be made direGtly tC) the Gity GOMmission, within 15
Galendar days after the date of the deGision, and fellow the PFOGedures deSGribed on subseGtiens 23
6.2 (e) or 23 4 t7\
(g_h) Expiration of certificates of appropriateness. Any certificate of appropriateness issued pursuant
to the provisions of this section shall expire 12 months from the date of issuance, unless the
authorized work is commenced within this time period, or a building permit has been obtained. The
preservation officer may grant an extension of time not to exceed 12 months upon written request by
the applicant, unless the board's guidelines as they may relate to the authorized work have been
amended.
{+121 Guidelines for issuing certificates of appropriateness.
(1) Alteration of existing structures, new construction. Generally, for applications relating to alterations
or new construction as required in subsection (a) the proposed work shall not adversely affect the
historic, architectural, or aesthetic character of the subject structure or the relationship and congruity
between the subject structure and its neighboring structures and surroundings, including but not
limited to form, spacing, height, yards, materials, color, or rhythm and pattern of window and door
openings in building facades; nor shall the proposed work adversely affect the special character or
special historic, architectural or aesthetic interest or value of the overall historic site or historic district.
Except where special standards and guidelines have been specified in the designation of a particular
historic resource or historic district, or where the board has subsequently adopted additional
standards and guidelines for a particular designated historic resource or historic district, decisions
relating to alterations or new construction shall be guided by the U.S. Secretary of the Interior's
"Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings."
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Applications for a Waiver or Exception. An application for a waiver(s) or exception from the
provisions of the 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.
4 3) Ground disturbing activity in archeological zones, archeological sites, or archeological
conservation areas.
a. No certificate of appropriateness shall be issued for new construction, excavation, tree removal, or
any other ground disturbing activity until the city's archeologist has reviewed the application and
made his recommendation concerning the required scope of archeological work. The board may
require any or all of the following:
1. Scientific excavation and evaluation of the site at the applicant's expense by an archeologist
approved by the board.
2. An archeological survey at the applicant's expense conducted by an archeologist approved by the
board containing an assessment of the significance of the archeological site and an analysis of the
impact of the proposed activity on the archeological site.
3. Proposal for mitigation measures.
4. Protection or preservation of all or part of the archaeological site for green space, if the site is of
exceptional importance and such denial would not unreasonably restrict the primary use of the
property.
b. The board may issue a certificate to dig with a delayed effective date of up to 45 calendar days to
allow any necessary site excavation or assessment.
{�4) Unreasonable or undue economic hardship.
a. Where strict enforcement of the provisions of this section would result in an unreasonable or undue
economic hardship to the applicant, the board shall have the power to vary or modify the provisions of
this section, including adopted guidelines. The fact that compliance would result in some increase in
costs shall not be considered unreasonable or undue economic hardship if the use of the property is
still economically viable.
b. Any applicant wishing to assert unreasonable or undue hardship must submit as a part of the
application for a certificate of appropriateness a written statement presenting the factual data
establishing such economic hardship. The written statement presenting factual data shall be in the
form of a sworn affidavit containing the following information:
1. The amount paid for the property, the date of purchase and the party from whom purchased,
including a description of the relationship, whether business or familial, if any, between the owner and
the person from whom the property was purchased;
2. The assessed value of the land and improvements thereon according to the three most recent
assessments;
3. The amount of real estate taxes for the previous three years;
4. All appraisals obtained by the owner or applicant within the previous three years in connection with
the potential or actual purchase, financing or ownership of the property;
5. All listings of the property for sale or rent within the previous three years, prices asked and offers
received, if any;
6. For income producing property only, a profit and loss statement for the property containing the
annual gross income for the previous three years; itemized expenses, including operating and
maintenance costs, for the previous three years; annual cash flow for the previous three years; and
proof that the owner has made reasonable efforts to obtain a reasonable rate of return on the owner's
investment and labor;
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Enactment Number: 13116
7. Any consideration by the applicant as to uses or adaptive uses of the property;
c. In the event that any of the required information is not reasonably available to the applicant or
cannot be obtained, the applicant shall file with the affidavit a statement of the information that cannot
be obtained and shall described the reasons why such information is unavailable.
d. Notwithstanding the submission of the above information, the board may require, at the applicant's
expense, additional evidence, including, but not limited to, architectural, structural and/or financial
evaluations or studies as are reasonably necessary in the opinion of the board to determine the
economic feasibility of rehabilitation of the structure.
Sec. 23-6.3. Administration, enforcement, violations, and penalties.
(2) Preservation board public hearing. The board shall conduct public hearing with notice as set
forth in subseGtien 23 6.1(4) in this Chapter .
Sec. 23-6.4. Signage.
(1) Historic signs shall be permitted to remain and to be repaired, restored, structurally altered,
reconstructed, or relocated utilizing the certificate of appropriateness process. Historic signs may
possess intrinsic importance, or acquire that importance as a result of their association with the
historic resource throuah which thev have become associated.
a)ln determining whether a sign is "historic," the HEPB shall consider whether it is:
1. Associated with historic figures, events, or places.
2. Significant as evidence of the history of the product, business, or service advertised.
3. Significant as reflecting the history of the building or the development of the historic district ( A
sign may be the only evidence of a building's historic use).
4. Characteristic of a special historic period, such as gold leaf on glass, neon, or stainless steel
lettering.
5. Integral to the building's design or physical fabric; as when a sign is a part of a storefront
made of Carrara glass or enamel panels, or when the name of the historic firm or the date is
rendered in stone, metal or tile, (in such cases, removal can cause damage to the materials; or
affect the integrity of the building's original design);
6. Outstanding examples of the sign maker's art. Whether because of their excellent
craftsmanship, use of materials or design;
7. Recognized as a local landmark because of its prominence and popular recognition as a
focal point in the community;
8.Assists in definina the character of a district as for examale marauees in theater districts. or
prominent neon signs associated with the proliferation of motels dependent on the tourism
industry.
In conjunction with allowing the retention, restoration, rehabilitation, and/or reconstruction of a
historic sian. the HEPB shall make saecific findinas establishina how the subiect sian meets these
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established criteria.
Enactment Number: 13116
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. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Code of the City of Miami, Florida, as amended which provisions
may be re -numerated or re -lettered and the word 'ordinance" may be changed to "section", "article",
or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective upon one hundred and twenty (120) days
after final reading and adoption thereof. {2}
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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