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HomeMy WebLinkAboutCC SR Legislation (Version 4)4g 01, „ City of Miami :*iA69IF 96fit5 - Legislation Ordinance File Number: 10-00316zt 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 INCLUDE A DEFINITION OF "CULTURAL FACILITIES"; BY ALLOWING THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD TO GRANT EXCLUSIONS FOR CULTURAL FACILITIES AS AN ALLOWABLE USE IN MEDIUM AND HIGH DENSITY MULTI -FAMILY (GENERAL URBAN) ZONES AND TO GRANT EXCEPTIONS FOR PROFESSIONAL OFFICES, LODGING, MUSEUMS AND PRIVATE CLUBS AS ALLOWABLE USES EXCEPT IN SINGLE FAMILY AND DUPLEX (SUB -URBAN) ZONES, THROUGH THE CERTIFICATE OF APPROPRIATENESS PROCESS, WHEN THE RESULT LEADS TO THE PRESERVATION OFA SIGNIFICANT HISTORIC STRUCTURE; PROVIDING DEFINITIONS AND AMENDING SECTIONS 23-1; 23-2, 23-6.1 AND 23-8, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO IMPLEMENT THESE AMENDMENTS; 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, the adaptive use of historically designated buildings enhances the City's quality of life; and WHEREAS, the adaptation of locally designated historic resources for a new use greatly increases the opportunity to create a viable business venture; and WHEREAS, the use of locally designated historic buildings for cultural facilities expands our appreciation for not only the building arts, but the cultural arts as well, creating a synergy between the cultural and historic preservation communities; and WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interests of the general welfare of the City of Miami and its citizens to amend the Code of the City of Miami, Florida, as amended ("City Code"), as hereinafter set forth; 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 City Code, entitled "Historic Preservation" is hereby amended in the following particulars: (1 } City of Miami Page I of 6 File Id. 10-00316zt (Version: 4) Printed On: 5/3/2010 File Number: 10-00316zt "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, relocated, structurally altered, or reconstructed. (5) Through the historic preservation exception or exclusion, provide mechanisms for the granting of certain uses 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. 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: Contributing resource/landscape feature. A building, landscape feature, site, structure or object that adds to the historical/architectural qualities, historic associations, or archaeological values for which a district is significant because: it was present during the period of significance of the district, and possesses historic integrity, reflecting its character at that time; or it is capable of providing important information about the period; or it independently meets the National Register of Historic Places criteria for evaluation set forth in 36 CFR Part 60.4 incorporated by reference. Cultural Facility. A place established for the advancement of culture including but not limited to: art dance, music, literature and other intellectual and performance activities. Historic Preservation Exception: When used in this chapter, an exception allows for a certain use to be allowed in specifically identified zoning designations, when such use results in significant preservation strategies. Historic Preservation Exclusion. When used in this chapter, an exclusion allows for a cultural facilities use in medium and high density multifamily ( General Urban) zones, when such use results in significant preservation objectives. City of Miami Page 2 of 6 File Id. 10-003I6rt (Version: 4) Printed On: 51312010 File Number: 10-00316zt Sec. 23-6.1 Waivers, and Exceptions and Exclusions 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, the HEPB may grant a certain exception to a use permitted in specific zoning designations, or an exclusion to allow a cultural facility as an allowable use in medium and high density multifamily ( General Urban) zones, and/or may grant certain waivers to the zoning 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. (1) Waivers concerning existing buildings. 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 designation a waiver of up to twenty percent (20%) 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 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: (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. (3) Historic Preservation Exceptions. The board may authorize certain exceptions to the requirements of the underlying zoning to the extent indicated herein. Bed and breakfast uses complying with applicable codes may be permissible as an exception in Low, Medium and High Density Multi Family Residential (General Urban, Urban Center and Urban Core) zones. Additional allowable use which include professional offices lodging museums and private clubs will also be classified as exceptions and may be allowed except in Single Family and Duplex Residential (Sub -Urban) zones Such uses shall be permissible only within existing City of Miami Page 3 of 6 File Id: 10-00316zt (Version: 4) Printed On: 51312010 File Number: 10-00316zt 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 zoning designation permitting such use; to the extent such regulations have not been modified pursuant to this section. a. Exclusion. In an effort to provide even greater flexibility in the adaptive use of locally designated historic resources, and to recognize the concomitant relationship of historic preservation and the cultural arts, the HEPB is authorized to grant an exclusion for cultural facilities as an allowable use in medium and high density multifamily ( General Urban) zones; such uses may include: i. Rehearsal/ Studio Space (s); ii. Gallery Space(s) iii. Performance Workshop areas iv. Classrooms for arts education; (a) The HEPB shall review each application for an exclusion that would permit the conversion of a locally designated historic resource for use as a cultural facility through the process for a Special Certificate of Appropriateness as defined in this chapter. The Special Certificate of Appropriateness may include requests for both additions and/or new construction in order to meet the programming requirements of the cultural facility. (b) Adjacent land, owned or leased by the facility may be used to provide required parking, (c) The HEPB may concurrently review a waiver of certain zoning requirements in conjunction with a request for an exclusion, provided that the request is the minimum necessary to successfully accomplish the project; and that the impact to the surrounding areas is minimal. (4) Procedures for granting Exceptions, Waivers and Exclusions. An application fora special certificate of appropriateness shall be submitted pursuant to the provisions of Section 23-8 of t his chapter. In addition, the application shall contain a written statement justifying the requested exception,Lor waiver or exclusion and provide evidence that the exception, or waiver or exclusion is necessary to assure the continued preservation of the designated historic structure. (5) Notice and hearings, generally. The board shall notice the public hearing at which the waiver, and/or exception or exclusion is requested, following the same procedures as is required for a special certificate of appropriateness. (6) Decision of the Board. (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: City of Miand Page 4 of 6 File Id. 10-003167t (Version: 4) Printed On: 5/3/2010 File Number.' 10-00316zt a. The exception., or waiver or exclusion shall be the minimum necessary to assure the continued preservation of the historic structure; and b. The exception, or waiver or exclusion shall be in harmony with the general intent and purpose of this chapter. (8) Conditions and safeguards. In granting any exception, or waiver or exclusion, 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. (9) Requirements for substantial rehabilitation. As a condition of granting an exception, or waiver or exclusion, 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. (10) Requirements concerning time limitations 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 or exclusion from the provisions of the zoning 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 this Section 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 (3) Standard certificates of appropriateness. Where the action proposed in the application is a minor improvement, as specified by the rules of procedure or the board, and is in accord with the guidelines for issuing certificates of appropriateness as set forth subsection 23-7 (c), the preservation officer shall, within ten calendar days of receipt of the complete application, issue a standard certificate of appropriateness with or without conditions, indicating in writing, conformity with said guidelines. Following such approval, permits dependent upon it may be issued if otherwise lawful. An applicant City of Miami Page 5 of 6 File Id. 10-003167t (Version: 4) Printed On: 51312010 File Number: 10-00316zt may request that the application be initially classified as a special certificate of appropriateness if they wish to have the matter heard by the HEPB. (4) Special Certificates 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; 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 or exclusion from the requirements of the zoning code the application shall be classified as a special certificate of appropriateness, and the following procedures shall govern. Applications for a Waiver, or Exception or Exclusion. An application for a waiver(s),, or exception or exclusion from the provisions of the zoning 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. 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. *11 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 immediately 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. City of Miami Page 6 of 6 File Id: 10-003164 (Version: 4) Printed On: 513/2010