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CC FR Legislation (Version 2)
City of arni Legislation Ordinance F4 e Number: OX-W) 46'1 3500 San American u.) Miami, FL 33133 w\rtv F, iamigay.corn F€83a4 cti AN ORDINANCE OF THE MIArvii CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO DELETE THOSE PORTIONS OF ARTICLE 7 ENTITLED, "HP HISTORIC PRESERVATION OVERLAY DISTRICTS" THAT ADDRESS "DEVIATIONS' CONCERNING HISTORIC STRUCTURES, AND PROVIDING FOR CERTAIN PROVISIONS OF SAID ARTICLE TO BE INCORPORATED IN CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA. AS AMENDED: ENTITLED, "HISTORIC PRESERVATION"; BY ADDING WAIVERS FOR LOCALLY DESIGNATED HISTORIC RESOURCES; CREATING A PROCESS FOR THE REVIEW OF NOMINATIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES; ADDING ADDITIONAL DEFINITIONS, AND CLARIFYING PROCESS AND PROCEDURES OF SAID CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning Advisory Board, at its meeting of March 5, 2008, Item No. 1, following an advertised public hearing, adopted by Resolution No. PAB 08-010, by a vote cf eight to zero (8-0) recommending APPROVAL of an amendment to Ordinance No. 11000, as amended; and WHEREAS, the preservation of the City of Miami'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; and WHEREAS, frequently the most viable option for the preservation of historic resources is through their conversion for a different use; and WHEREAS, certain provisions of the Zoning Code with respect to setbacks, open space, off-street parking, minimum lot size, signage and/or loading requirements prevent a locally designated historic resource, or a contributing building within a locally designated historic district from strict compliance, and therefore preclude a viable use; and WHEREAS, it has been identified that certain provisions of the Ordinance No. 11000, the Zoning Ordinance of the City of Mierni, Florida, as amended, related to Historic Preservation should be removed from the Zoning Ordinance and incorporated into the City Code; and WHEREAS, as a Certified Local Government, recognized by the Division of Historical Resources, Florida Department of State, the City of Miami is required to review nominations to the National Register of Historic Places; NOW, THEREFORE: BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, City ri Page 1 (11.2; Printed O 4/10/2008 fk Number- 08-00146zt FLORIDA: Section 1. The recitals and findings contained in the Prearnbe to this 0rdnance are adopted reference and incorporated as if fully set forth in this Section, Section 2, Ordinance No. 11000 of the City of Miami, Florida, as amended, is amended by deleting portions of Article 7, entitled "HP Historic Preservation Overlay Districts," i-n--4s---entife-ty and substituting the following language in said Article: "Provisions and reaulations • latin "HP Historic Preservation Overin- Districts' orth in Chapter 23 of the Code of the City of Miami, Forida. as amended," Section 3. 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, (a) The intent of this chapter is to preserve and protect the heritage of the city through the identification, evaluation, rehabilitation, adaptive use, restoration, and public awareness of Miarni's historic, architectural, and archaeological resources, This chapter is further intended to: (1)Effect and accomplish the protection, enhancement, perpetuation, and use of structures, landscape features, archaeological and paleontological resources, areas, neighborhoods, and scenic vistas which represent distinctive elements of the city's historic, cultural, archaeological, paleontological, aesthetic, and architectural heritage. (2)Foster civic pride in the accomplishments of the past. (3)Protect and enhance the aesthetic and environmental character, diversity, and interest of neighborhoods. (4)Stabilize and improve property values in neighborhoods and in the city as a whole. (5)Protect and enhance the city's attraction to residents, tourists, and visitors and thereby serve as a support and stimulus to the economy. (6)Prornote the use of historic sites resources, historic districts, and archaeologica! sites and zones for the education, pleasure, and welfare of the people of the city. (b) The purpose of this chapter is to: City of Miami Page 2 of 25 Printed On: 4/10/2008 Re Number 08-00146zt (1)Prid-v4,-Je, the framev,ight; and qa mechanism ter :identifying and designating those properties Ina, have major significance in the oity's historic, cultural, arcinaecogicai„ L-taleontok)clical, aesthetic, and architectural heritage. (2)Provide a mechanism whereby the Historic and Environmental Preservation Board may. in the interests of historic preservation, waive up to 20% of certain zoning requirements pertaining to minimum lot size, setbacks„rninimum lot widths, building footprint, green space, and/or loading requirements, for those structures deemed individually significant. or "contributing" within a locally designated historic district, for either an addition to the historic building, or for new construction vvithin an historic,' district, (3)Prov de a mechanism whereby the Historic and Environmental Preservation Board may. in the interests of historic preservation. waive uP to 100% of the underlying zoning district requirements for off-street parking for those structures deemed individually significant or "contributing" within a locally designated historic district, or for new construction within a ocal historic district. A finding will be made h t there 's arkin available within walkin distance, inc udin without iimitation, ad'acent or shared p_arking that alleviate concern for off-street parking. (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)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. (6)Assure that alterations and new construction within designated historic sites, historic districts, and archaeological zones are compatible with the property's historic character. (c) Pursuant to section 16A-3(2)(c) of the Code of Miami -Dade County, Florida, the city expressly reserves and retains jurisdiction over archaeological zones and sites within the city. 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 1g66, as amended, or as commonly used: Accelerated Certificate of Appropriateness. A review of proposed changes to a historic resource that is conducted by the Board concurrently with a request for historic designation. Adaptive Use. The process of converting a building to a use other than that for which it was designed. Addition. A construction project physically connected to the exterior of a building. Alteration. Any change affecting the exterior appearance of a structure or its setting by additions, reconstruction, remodeling, or maintenance involving change in color. form, texture, signs, or materials, or any such changes in appearance of designated interiors. Applicant. The owner of record of a property and/or structures located thereon, or Pis their authorized representative. City ()Ill:Mni Page 3 of 25 Priwed 4/10/2008 fie NO.°rrt)er." 08-001466z( Application, complete. An application f)r approval sought pursuant this chapter shall cdeemed complete if it is on a form approved by The city and all applicable information is provided by the applicant on the form, or attacbnent(s) as necessary, at the time of its fIl rig and all required fees are paid. Archaeo/o lca/ conservation area_ A geographically defined area delineated in the Miami comprehensive neighborhood plan on the future land use plan map series entitled "Historic District Boundaries and Historically Significant Properties Meriting Protection". where there is a probability of encountering, historical andlor prehistorical sub -surface artifacts Archaeological site. A single specific location which has yielded or is likely to yield information on local history, prehistory, or paleontology, and which has been designated as such through the provisions of this chapter. Azones, citcv, districts. Archaeological zone. A geographically defined area which may reasonably be expected to yield information on local history, prehistory, or paleontology based upon broad prehistoric or historic settlement patterns, and which has been designated as such through the provisions of this chapter. Certificate of Appropriateness. A written document, issued pursuant to this chapter, permitting specified alterations, demolitions, ground disturbing activity, or other work; or to allow certain waivers or an exemption to the criteria set forth in the Zoning Code Certificate of Approval. A written document permitting tree removal or development activity within those areas identified and established as environmental preservation districts. Certificate to Dig. A written document permitting certain ground disturbing activities, such as filling, grading, swimming pool excavation and the removal of vegetation or trees that may involve the discovery of as yet unknown or known archaeological resources within a designated archaeological site or zone. Certified local government. A government satisfying the requirements of the U.S. National Historic Preservation Act amendments of 1980 ( Public Law 96-515) and the implementing of regulations of the Department of the Interior and the State of Florida. 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 which is deemed as being incorporated by reference herein. Demolition. The complete destruction of a structure, or any part thereof. City 0.0 larn, Pcgg e 4 taf 2.>" Printed CM: 4/1 tJ/X)U8 File Number OE-00146j trH4,46igi,?-4314-e4—at:G4aei sh-own--ini-t4e4n-istorio ;ores -or -vat -ion- ,t Environmental Preiservaifioo District Geographical areas, parcels or corridors, which have been or may be identified in the future, established by the city commission as significant natural or 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. F Vaster Site File (FMSF). The list, orcataoa,__rnaintanedpy the DivisionDivison of Historica Resources., of those recorded historical and archaeological sites and properties in the State of Florida, usually the result of a systematic survey. Ground disturbing activity. Any excavation, filling, digging, removal of trees, or any other activity that may alter or reveal an interred archaeological or paleontological site. Historic district. A geographically defined area possessing a significant concentration, linkage, or continuity of sites or structures united historically or aesthetically by plan or physical development. Historic and environmental preservation atlas. The Official Historic and Environmental Preservation Atlas of the city, as amended, which snows ail designated historic resources, historic districts, and archaeological sites and zones. Historic Preservation Waiver: When used in this chapter, a difference from what is required under the underlying zoning district 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. or ocou-patto-H=,-er--aoti4itor--a-structure, whether standing, ruined, ruined or vanished, o-r a va-h-i-sh d struotue, where the ocation itself possesses hictor4 cultur.al, aFchaeoogicai. or paleontological Historic site. The location of a significant event, a prehistoric or historic occupation or activity, or a vanished structure, where the location itself possesses historic, cultural, archaeological, or paleontological value. Infill. New construction that has been designed and built to replace missing structures or otherwise fill gaps in the streetscape of a historic district. City of -Miami Page 5 of 25 Printed On: 4/10:2008 05 'i46zt Interim protection measure. The it ternm period of time needed to protect a pr 3e ty m dement; relocation, alteration, or new construction until such period of time provided law asses for the property to be considered for deal nation; as a historic site, n stori district, or arci`ff eoio a>cal zone. Landscape feature_ eg£t^tlJgeological features, ground lci ion, or environmental features Locally Designated H/store or zone; individuai building; approved for designation by th ce. An overarching term used t be ater or other natural haeoiocticaI site ure, object, landscape feature or historic district that has been ity of�iarr,i's Historic and Environmental Preservation Board, as prescribed by the provisions of this chapter. and shown in the Historic and Environmental Preservation Atlas. tvliami Req ster of Historic Places. The list of locally designated historic resources that have met the criteria for significance and have been designated by the Historic and Environmental Preservation Board, pursuant to the provisions of this chapter. National Register of Historic Places. The list of historic properties significant in American history, architecture, archaeology, engineering and culture. maintained by the Secretary of the interior, as established by the National Historic Preservation Act of 1966. as amended. Non -Contributing Resource. A building. landscape feature, object. structure, or archaeological resource that does not add to the historic architectural qualities. historic associations, or archaeological values for which a district is significant because it was not present during the period of significance of the district; due to alterations, disturbances. additions or other changes, it no longer possesses historic integrity reflecting its character at that time. or is incapable of yielding important information about the period; or does not independently meet the National Register of Historic Places criteria for evaluation. Ordinary maintenance or repair. Any work, the purpose and effect of which is to correct any deterioration or decay of a structure or landscape feature, or any part thereof, by restoring it. as nearly as may be practicable, to its condition prior to such deterioration or decay, using the same materials or those materials available which are as close as possible to the original. Preservation. The act or process of applying measures to sustain the existing form, integrity, and material of a building or structure. It may include initial stabilization work as well as ongoing maintenance of the historic building. Reconstruction. The act or process of reproducing by new construction the exact form and detail of a vanished structure as it appeared at a specific period of time. Rehabilitation. The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values. Relocation. Any change of the location of a structure in its present setting or to another setting. Restoration. The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of iater work or by the City 41 Miami Page 6 of 25 Printed On: 4'10/20 8 FaiJe uidrri e=: 08-O0?46zi replacYrneni of missing e c TrL;I'.S o/t 3 Io?J Corrido e roadways w fic? have been identified as hav e . i idscs e char after ca- n !or an x. anS(ye tree 1 ;% i a i tbsta. nt?a environmental i i or annie to the city, as described in Section 17-31(3) of the Niliami City Co, -b-the-43vate4$..a.... d % ii arit -pit c 3 51-toro vrh-}s-ly GG pato o ty -0F: +-e. w*,ether ,d;: g, i s# -- hart h- tori:,, r- - ar ai-or-p-a = logic -.a+- l-ue4ega iiiiess--the--vaiuse--of-any tJng--strutte. Structure. Anything constructed or erected, the use of which req. ices a fixed location on the ground cr attachment to something having fixed location on the ground, Unreasonableor undue economic hardship. An onerous and excessive financial burden that destroys reasonable and beneficial use of property and that would amount to the taking of property without just compensation, or failure to achieve a reasonable economic return in the case of income -producing properties. Sec. 23-3. Historic and environmental preservation board; preservation officer. The historic and environmental preservation board (hereinafter referred to as the "board") and the preservation officer, as established pursuant to sections 62-186 and 62-191 of the Code, as amended, shall carry out the duties as assigned by this chapter. Sec. 23-4. Designation of historic siten resources, historic districts, and archaeological sites and zones. (a) Criteria for designation. Properties may be designated as historic 'sites, resources; historic districts, or archaeological sites or zones only if they have significance in the historical, cultural, archaeological, paleontological, aesthetic, or architectural heritage of the city, state, or nation; possess integrity of design, setting, materials, workmanship, feeling, and association; and meet one or more of the following criteria: (1) Are associated in a significant way with the life of a person important in the past; (2) Are the site of a historic event with significant effect upon the community, city, state, or nation; (3) Exemplify the historical, cultural, political, economical, or social trends of the community; (4) Portray the environment in an era of history characterized by one or more distinctive architectural styles; (5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction; (6) Are an outstanding work of a prominent designer or builder; (7) Contain elements of design, detail, materials, or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the South Florida environment; or City c f. Miami Page -7 of 25 Printed On 4,10/2008 ! } ?lave yielded; or may be Ijk y to i € information y' Criteria Exceptions - teem teri oirtr Pa s `> : ```ia� es n€ i?!St; rival f - ores rya ernes �. CJj lc�`. >� Ordinarily `J cwried be gel; :pus instituera or used for rein Fous urpo es, structures that gave p en moved prom their enq nal locations: reconstructed historic built lags properties primarily commemorative in nature and properties that have achieved significance wither, the past fifty (50) nears shall not be considered eligible for listing in the Miami Register of Historic Places. However, such roperties will Qualify for designation if they are integral parts of districts that do meet the criteria, or if they fall within the following categories: prehist (i) A building or structure that has been removed from its original location but is significant primarily for architectural value, or is the surviving structure most importantly associated with a historic person or event: or (2) A birthplace or grave of a local historical figure of outstanding importance if there is no appropriate site or building directly associated with his or her productive life: or (3) A cemetery that derives its primary significance from graves of persons of outstanding importance, from ape, from distinctive design features, or from association with historic events: or (4) A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and no other building or structure with the same association has survived: or (5) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or (6) A property achieving significance within the past fifty (50) years if it is of exceptional importance; or (7) A religious property deriving primary significance from architectural or artistic distinction or historical importance. (.b (c) Procedures for designation. Properties which meet the criteria set forth in subsection 23-4(a) may be designated as historic sites 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 and zoning department, any other city department, agency, or board, the historic preservation board, or any interested citizen, organization, agency, association, board, or business entity. (2) Contents of Proposal. At a minimum the initial proposal shall provide, a. Address, legal description, and folio number of the property to be considered; b. Name and address of the current owner of the property as recorded in the public records of the Miami -Dade County Property Appraiser: c. A description of the historical. architectural, or archaeological significance demonstrated by the property for consideration; d. A bibliography and/or other documentation that substantiates the claims for the significance of the city of i�r i Page 8 of 25 Printed On: 4/10/2008 Ni)mber: 08-00146zt pEriberty: e. Contemporary photographs of the property of those sides visible from the fuhlic ridht-of-waiir, I. Name and contact information of the person(s) organization(s) submitsubrtnatheptpps The board shalt conduct a preliminary evaluation of the data provided in the proposal for conformance with criteria set forth in subsection 23-4(a): and shalt if appropriate, direct the planning a -rid -zoning department to prepare a designation report The board may require the party initiating such proposal to provide any additional documentation, and to pay any applicable fees. a, Notification. At ieast ten days prior to the meeting at which the board vvill 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 shalt 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 at the address appearing in the County's real property records for the property being considered for designation as well as the owner of the subject propertv- b Interim protection measures. From the date said notice of the prelim nary evaluation is sent by certified mail, no building permit for any new construction, alteration, relocation, or demolition that may affect the property proposed for designation shall be issued until one of the following occurs: 1. The board finds that the property does not appear to meet the criteria for designation and votes not to direct the planning and zoning department to prepare a designation report in accordance with subsection 23-4(b)(1): Or 2. The board approves or denies the designation in accordance with subsection 23-4(b)(3). or 120 days have elapsed, whichever shaft occur first, unless this time limit is waived on the record by mutual consent of the owner and the board; or 3. The owner applies for an accelerated approval of a certificate of appropriateness prior to final action on the designation by the board, and such certificate of appropriateness has been issued in accordance with the provisions of section 23-8. The preservation officer shall place said application for a certificate of appropriateness on the next available agenda of the board. Any owner who carries out or causes to be carried out any work without the required certificate of appropriateness shall be subject to the provisions of subsection 23 6(023-9 (f), (2) Preparation of designation report. For every proposed historic site resource, historic district, and archaeological site or zone, the planning a4 en.j department shall prepare a designation report containing the following information: a. Designation report. The designation report shall contain a statement of the historic, architectural, and/or archaeological significance of the proposed historic site resource, historic district, or archaeological zone; the criteria upon which the designation is based; a physical description of the property; an identification of contributing structures and/or landscape features; present trends and conditions; and incentives to encourage preservation, rehabilitation, or adaptive use. b. Boundaries. The designation report shall include a map or maps indicating proposed boundaries. Boundaries for historic eiteE, resources shall generally include the entire property or tract of land, unless such tract is so large that portions thereof are visually and functionally unrelated to any contributing structure or landscape feature. Historic district boundaries shall in general be drawn to include all contributing structures reasonably contiguous within an area and may include properties which individually do not contribute to the historic character of the district, but which require regulation in order to control potentially adverse influences on the character and integrity of the district. City of Miami Page 9 of 25 Printed On: 4/10/24908 flfr Nwr.iber: 08-0014603 Archaeciiiogica zone buaes shall .generally conform to natural physiographic features which were the focal points for prehistoric and historic activities or may be drawn along property lines. streets, or ographic features to facilitate efficient management. c. Interiors. interior spaces that have exceptional arohtectura1, artistic, or historic importance and that are customarily open to the public may be subject to regulation under this chapter. The designation report shall describe precisely those features subject to review and shall set forth standards and guidelines for such regulations. interior spaces not so described snail not be subject to review under this chapter. (3) Notice and public hearing. The board shall conduct a public hearing to determine whether the proposed historic site --resource, historic district, or archaeological zone meets the criteria set forth in subsection 23-4(a) and shall approve, amend, or deny the proposed designation. The board may rehear proposs based upon poiicis set forth in its rules of procedure. Ail public hearings on designations conducted by the board, except as provided in subsection 23-4(b)(1)a,, and hearings on appeals of board decisions to the city commission regarding designations shall be noticed as follows: a. The owner of property or h $ designated agent or attorney, if any, which is the subject of such designation shall be notified by mad at least 30 days prior to the board's meeting and ten days prior to subsequent administrative appellate hearings. The owner shall receive a copy of the designation report unless here are more than 20 owners, in which case the notice shall state that a copy is available and where it may be obtained. b. An advertisement shall be placed in a newspaper of general circulation at !east ten days prior to the hearing. c. Signs shall be posted pursuant to subsection 62-129(2)a, as amended, of this Code. d. Notice of the time and place of the public hearing by the board, or city commission, as the case may be, shall be sent at least ten days in advance of the hearing by mail to all owners of property within 500 feet of the property lines of the land for which the hearing is required. The applicant shall be charged the appropriate fee as set f -th-e-rea-i-ling established for this purpose. e. For the purpose of this chapter, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Miami -Dade County. The preservation officer, or his/her designee, shall certify at the time of the public hearing that notice as herein required was given to the persons as named and with addresses shown on his certification by the placing in the mail system of the United States on the date certified the herein required notice, the certification shall be conclusive of the giving of such notice; in the case of condominiums, notice will be sent solely to the condominium association. No action taken by the board, or the city commission, as the case may be, shall be voided by the failure of an individual property owner or property owners to receive notice pursuant to this chapter. (4) Historic and environmental preservation atlas. Historic sites, historic districts, and archaeological zones designated pursuant to section 23-4 shall be shown in the "Official Historic and Environmental Preservation Atlas of the City of Miami, Florida," as amended. Electronic Building Records, Following the designation of a resource, the historic preservation officer shall flag the property as a historic resource in the City of Miami's building department records. (6) Notifications. Following the designation of a resource, the historic preservation officer shall notify the following parties with a copy of the resolution: City of Miami Page 10 qf 25 Primed On: 4/10/2008 0-300146 no' any other pally o Miami Dade County .Jerk of the Courts - an expressed er st in the Pro Appeals. The property owner, any one member of the city commission, the nlanni- g and z --w department, or any aggrieved party may appeal to the city corny mission any deois{on of the board on matters relating to designations by filing within 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. Such 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, plus $3.53 per mailed notice required pursuant to subsection 23-4(b)3). The city commission shall hear and consider all facts material to the appeal and render a decision promptly. The city commission may affirm, modify, or reverse the board's decision. Any decision to reverse the board's decision shall require a three -fifths vote of ail members of the city commission. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. The provisions of section 2-3-5 23-4(b) shall remain in effect during the entire appeal process, unless stayed by a court of competent jurisdiction. k6)(8) Amendments. The board may amend any designation by following the same procedures as set forth in this section. The board may likewise rescind any designation if the structure or feature of principal historic significance has been demolished or destroyed. { (J Effect of designation. Upon designation. and thereafter, the provisions of section 23-5 23-8 shall apply. Sec. 23-5. Nomination to the National Register of Historic Places. (a) Responsibilities under the certified local government program. As part of the duties under the certified local government program, the historic and environmental preservation board shall receive all nominations to the National Register of Historic Places for any properties located within the City of Miami, following the regulations of the Florida Division of Historical Resources. (b) Notice requirements. The historic and environmental preservation board shall give notice to the owner of the property at least thirty (30) days but not more than seventy-five (75) days prior to the historic preservation board meeting at which the nomination will be considered. The historic preservation board shall also obtain a written recommendation from the city commission and the Miami -Dade Board of County Commissioners as to whether or not each property should be nominated to the National Register: and these recommendations shall be given to the historic preservation board within thirty (30) days. (c) Owner notification and requirements for comment. The historic and environmental preservation board shall obtain comments from the public that shall be included in the report making a recommendation. Objections to being listed in the National Register by property owners must be notarized and filed with the historic preservation office. Within thirty (30) days after its meeting, the historic preservation and environmental preservation board shall forward to the State historic preservation officer its action on the nomination and the recommendations of the local officials. Appropriate local officials. the owner and the applicant shall be notified of the historic and environmental preservation board's actions. d) Referral to the Florida State Historic Preservation Officer. The state historic preservation officer will take further steps on the nomination in accordance with federal and state regulations. If either the Ciry of :Ilium! Page 1! of 25 Printed On: 4/10i2008 Ni.irr)ber: 0 '==C ?d environme tal preservation board or 'opal offictals or both support the non',inatio state historic preservation officer wdl schedule the nomination for consideration by the state review board for the National Register at its next regular meeting. if both the historic and environmental reservation board and the local officials recommend that a . ='o erg toe nominated to the National Register. the state historic preservation off e r wffl take no f ar t er act:cn o t=T` r omination unless an appeal is filed with the state historic preservation officer_ Sec. 23-6 givers for t ocal De arse Resource In an effort to promote and encourage the preservation and adaptive use of Iocail { desi Hated resources. so designated pursuant to the provisions of Section 23-4 of this article , the Historic and Environmental Preservation Board may grant certain waivers to the Zoning code provided that it will further the eresration of a locally designated € ronerty. 1. Historic Preservation Waivers. The board may authorize certain waivers to the requirements of the underlying zoning district. to the extent indicated herein. a. Waivers concerning additions and existing buildings: 1. Any building that is individually designated or is classified as a contributing building within a local historic district, as identified in the designation report, and only for those non-contributing buildings located within the Biscayne Boulevard/ Miami Modern Historic District, 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. 2. In cases where the configuration of a locally designated property, or a contributing property within a locally designated historic district or a noncontributing building only located within the Biscayne Boulevard/ Miami Modern Historic District precludes reasonable and appropriate use of the property within the underlying zoning district a waiver of up to twenty (20) percent 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 or a noncontributing building within the Biscayne Boulevard/ Miami Modern 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 % 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: a) Granting the modification will further the preservation of the historic and architectural character of the historic resource, or the historic district in which the proposal is located. b) Granting the modification would promote the preservation of the historic resource or historic district while reducing nonconformities. c) Granting the modification would help minimize or mitigate any potential adverse effect of a specific proposal whose implementation promotes the preservation of the historic site OF historic district and that City, of Miami Page 12 of 25 Printed On: 411 it/2O')8 08-0C E 46zt d} it can be demonstrated that special lair umstances e; is.t, such as .'a t practically aUevi t nserns for off-street parking, The HlStoriC and Environmental Preservation Board shall make specif;` findings that establish how the cheer? have been r"iet. Additionaii _ the Board may impose any conditions, restrictions, or limitation deemed appropriate in order to ensure compliance with the criteria set forth above_ Waivers concerning Historic Signage: Historic skins shall be permitted to remain and to be repaired, restored. st cturaily altered, or reconstructed. Signs may possess intrinsic importance, or acquire that importance as a result of then association with a ,historic resource. In determining whether a sign qualifies as `historic the Historic and Environmental Preservation Board shall determine whether it meets one or more of the following criteria. 1.1s associated with historic figures, events or places; 2.Is significant as evidence of the history of the duct, business, or service advertis d: 3.1s significant as it reflects the historic development of the building or the development of the historic district. (A sign may be the only evidence of a building's historic use); 4.Exhibits the use of materials characteristic of a specific historic period, such as gold leaf on glass, neon. or stainless steel lettering; 5.1s integral to the building's design or physical fabric, as for example, 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 of the building's construction is rendered in stone, metal, or tile (in such cases, removal may cause damage to the materials. or affect the integrity of the building's original design); 6. Portrays an outstanding example of the sign maker's art, whether because of its excellent craftsmanship, use of materials or design; 7. is identified as a local landmark, because of its prominence and popular recognition as a focal point in the community; 8. Assists in defining the character of a district, as for example, marquees in a theater district, or prominent neon signs associated with the proliferation of motels dependent upon the tourism industry. In conjunction with allowing the retention/restoration/rehabilitation of a historic sign, the Historic and Environmental Preservation Board shall make specific findings establishing how the subject sign meets these established criteria. c. Procedures for granting Waivers. An application for a special certificate of appropriateness shall be submitted pursuant to the provisions of Section 23-8 of this chapter. In addition, the application shall contain a written statement justifying the requested waiver and provide evidence that the waiver is reasonably necessary to assure the continued preservation of the designated historic structure. Notice and hearings, generally. City c;) ilimi Page 13 of 25 Printed On: 4/10/2008 Fife Number 08-001 46zt The boad snail notice the public hearing at which the waiver is requested, oownq the same procedures as is i-quired for a Special Cert.flcateofApprohateness. Decision of the board. The board shall make findini iase 1)of the following actions; ip.pniestandards set forth in section 23- 8 and shall take one 1issue the special certificate of appropriatenessthe waiver proposed by the applicant, or issue the special certificate of appropraeness with specific modifications and conditions; or 3. Deny the special certificate of appropriateness. f. Standards. in addition to the uidelines and standards for issuing certificates of appropriateness as set forth in Section 23-8 of the Marny Code, the Board shall determine that the foHowing standards have been met before reaching a decision to grant a special certificate of appropriateness: I. The waiver shall be the minimum necessary to assure the continued preservation of the historic structure; and . The waiver shall be in harmony with the qeneral nten and uoose of this cnaoter. g. Conditions and safeguards. In granting any 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. h. Requirements for substantial rehabilitation. As a condition of granting a 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 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. Requirements concerning time limitations. Any certificate of appropriateness issued under this section shall be governed by the time limitations sti ulated in Section 23-8(o1. Sec. 23--5 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 waivers from the provisions of the zoning code. A certificate to dig shall be required for any ground disturbing activity within a designated (70' of ..1111Inii Page 14 of 25 Printed On: 4:10/2(708 File Ntfinber 08-00146v. archaeologic site or archaeclocjica zone or within an archaeologiCai conservation area. All certificates of appropriateness shall be subject to the applicable criteria in subsection 23-8 (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 cf approprateness, (1) Prp,application conference(s). Before submitting an application for a certificate of appropriateness, an applicant is encouraged to confer with the preservation officer to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data. At the request of the applicant, the preservation officer, or any member of the board; an additional preapplication conference shall be held between the applicant and the board or its designated representative. The purpose of such conference shall be to further discuss and clarify preservation objectives and design guidelines in cases that may not conform to established objectives and guidelines. In no case, however, shah any statement or representation made prior to the official application review be binding on the board, the city commission, or any city department. (2) Application for certificate of appropriateness_ The applicant shall submit to the preservation officer an application together with supporting exhibits, anel—other materials, and any applicable fees as required by law and/or the rules of procedure of the board. No application shall be deemed to be complete until all supporting materials required have been provided and any established fees paid. (3) Standard certificates of appropriateness. Where the action proposed in an application is a minor improvement, as specified by the rules of procedure of the board, and is in accord with the guidelines for issuing certificates of appropriateness as set forth in subsection 23-8 (h). 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 may request that the application be initially classified as a special certificate of appropriateness if they wish to have the matter heard by the Historic and Environmental Preservation Board, (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; or 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 23-5 8(h): or when the applicant is requesting a waiver from the requirements of the zoning code. the application shall be classified as a special certificate of appropriateness, and the following procedures shall govern. The apalieant-may-al-se-r-eweet-thathiseappi-l-ization-beedassi-fied-as-a-speal-seFt-it-isote of appropriatene,s. a.Publfc 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 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 mai 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 feast ten calendar days prior to the hearing. 3. An advertisement shall be placed in a newspaper at least ten calendar days prior to the hearing: Oty of Miami Page J5 of 25 Printed On: 4/10/2008 f :acre 08-00146zr 4. .any addit,or a notice deeme appropriate by, the board. b. D 'c ;tor; of the board. The decision of the board ;hall be bas t per°€r thin, uidellnes set forth a, subsection 2 3-5-8(h , as Well as the general purpose and intent of this chapter and any specific design guidelines officially adopted for trie particular historic s4e resource, historic district, or archaeological site or zone. No decision of the hoard 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: 1. issuance of a special certificate of appropriateness for the work proposed by the applicant; 2. issuance of a special certificate of appropriateness with specified modifications and conditions: 3. Denial of a special certificate of appropriateness, including denial of a special certificate of appropriateness for demolition; or 4. issuance of a special certificate of appropriateness 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 of subsection 23-8(6) or up to 45 calendar days for any work potentially affecting an archaeological site, archaeological zone; or archaeological conservation area, pursuant to the provisions of subsection 23-8 (7): 5. issuance of a recommendation to the city commission for a certificate of appropriateness for any work that is included in an application for a major use special permit (MUSP), pursuant to article 17 of Ordinance No. 11000, the zoning ordinance of the city, as amended; 6. Issuance of a written communication prepared by the Historic Preservation Officer to the Director of the Planning Department and the Zoning Administrator that sets out the exact parameters for their waiver (s) from the provisions of the zoning code and the reasons wherefore. c. Time limitations. If no action is taken upon an application by the board within 60 calendar days, (excluding those days within the month of August), from the receipt of a complete application, such application shall be deemed to have been approved. However. should in the opinion of the historic preservation officer or the Historic and Environmental Preservation Board, such delays be attributable to the applicant and/or their agent, this time limitation shall not appply, nor shall the application be considered approved. The preservation officer shall authorize issuance of any permit dependent upon such certification, if otherwise lawful, recording as authorization the provisions of this section. This time limit may be waived at any time by mutual consent of the applicant and the board. d. Records. Written copies of all decisions and certificates of appropriateness shall be filed with the planning and zoning department. e. Appeals. The applicant, the planning and zoning 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 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. 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 promptly. 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 City of' Miami i llg( 16 f)f 25 Printed On: 4/10/208 f v 14Fzt cons tenet b', the city. Api'ea s from decisions of the city c mmiss@or's may be made to as provided by the Florida Rules of Appellate Procedure_ f Changes Tn approved work. Any change in work proposed s: bs ,quent to the issuance of a certificate of appropriateness shah be reviewed by the preservation officer. if the preservation officer finds that the proposed change does not materially affect the property's historic character or that the proposed change is in accord with approved guidelines, standards, and certificates of appropriateness, the officer may issue a supplementary standard certificate of appropriateness for such change. if the proposed change is not in accord with guidelines, standards, or certificates of appropriateness previously approved by the board, a new application for a special certificate of appropriateness shall be required. g C n lanai--usas. rev tip s s i issue speclai for-c�€ditic s at-u-ses-aFe e ta-rrs-0-f-a t*e zoning ordinance of the city, as amended. (q) 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 six month; twelve months upon written request by the applicant, unless the bard's guidelines as they may relate to the authorized work have been amended. {-e-}(h) 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 23- 8 (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 site resource or historic district, or where the board has subsequently adopted additional standards and guidelines for a particular designated historic site 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." (3)Applications for a Waiver. An application for a waiver(s) from 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. The fee shall be as prescribed by law and/or the rules of procedure of the board, and payable at the time of application. (-2}(4) Demolition of existing structures. a. Decisions of the board to issue, deny or issue with a deferred effective date applications for certificates of appropriateness for demolition shall be based upon the following criteria; The degree to which the structure contributes to the historic and/or architectural significance of Ciry of Miami Page 17 of 25 Printed One 4/10/2008 riff.' f'l? rir?=er: t -u 454:t the historic site or di _ Whether loss of the structure would adversely affect the histor=c, and/or architectural ;r=€tegrhty of the historic site or district; 3. Whether architectural plans have been presented to the board for the reuse of the property if the proposed demolition were to be carried out, and the appropriateness of said plans to the character of the historic site or district, if applicable; 4. Whether the structure poses an imminent threat to public health or safety; 5. Whether the applicant has demonstrated that retention of the structure would create an unreasonable or undue economic hardship; 5. Whether there is a compelling public interest requiring the demolition. b. The owner shaft permit access to the subject property for the purpose of inspections and/or appraisals required by the board or preservation officer. c. As a condition of issuing a certificate of appropriateness for demolition, the board may require, at the applicant's expense, salvage and preservation of significant building materials, architectural details and ornaments, fixtures; and the like for reuse in restoration of other historic properties. The board may also require at the applicant's expense the recording of the structure for archival purposes prior to demolition. The recording may include, but shall not be limited to, photographs and measured drawings. d. As a condition of issuing a certificate of appropriateness for demolition, the board may require that no building permit be issued for the demolition of said structure until a building permit for the construction of a new building has been issued, if new construction is proposed. (3)(5) Relocation of existing structures. Relocation of historic structures from their original location shall be discouraged; however, the board may grant a certificate of appropriateness if it finds that no reasonable alternative is available for preserving the structure on its original site and the proposed relocation site is compatible with the historic and architectural character of the structure. The board may issue a certificate with a delayed effective date of up to six months in order to explore alternatives to relocating the structure in question. (4)(6) Removal of landscape features. a. No certificate of a^p ;p rateees6 approval shall be granted for removal, relocation, concealment or effective destruction by damage of any contributing landsape features identified in the designation report unlss one of the folioing conditions exists: 1. The landscape feature is located in the buildable area or yard area where a structure may be placed and unreasonably restricts the permitted use of the property; or 2, The landscape feature is inappropriate in a historic context or otherwise detracts from the character of the historic site or historic district; or 3. The landscape feature is diseased, injured, or i danger of falling; unreasonably interferes with City c➢f Mi(Uni Pugs: 18 { f 25 Printed On: 4/10!2(}U8 Ffie rjuLtiber 08_00146 -utility service; reaulatrons, aces unsafe vision once; or conflics with o'her applicable s and b. Asa condition of granting the- certificate of app-ropr-ratePess---.approval, the a icant may required to relocate or replace identified landscape features. -5 (7) r rouo?d disturbing activity in archaeological zones, aruhaeeoio- conservation areas. rchaeo a, No certificate eap. ate e&s to did shall be issued for new construction, excavation, tree removal, or any other ground disturbing activity until the city's afcheologis-t staff has reviewed the application, evaluated the scope and determined whether or not the matter should be brought to the board for their review. 1. Scientific excavation and evaluation of the site at the applicant's expense by an archeologist who meets the Secretary of the interior's Professional Qualifications Standards for Archaeology (36 CFR Part 61). 2. An archaeological survey at the applicant's expense conducted by an archeologist who meets the Secretary of the Interior's Professional Qualifications Standards for Archaeology (36 CFR Part 61), which contains an assessment of the significance of the archaeological site and an analysis of the impact of the proposed activity on the archaeological 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 of appropriateness to dig with a delayed effective date of up to 45 calendar days to allow any necessary site excavation or assessment. ((8) 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 fora 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 City (.1.i'hutni Page 19 of 25 Printed On: 4/10/2008 Fife Nun.?ber 08-001467f' 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 actuai purchase, financing or ownership of the property: 5. All listings of the property for sale or rent within the previous three years, phces asked and offers received, if any; 6. For income producing property only, a profit and ioss 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; 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 describe 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 23-9, Administration, enforcement, violations, and penalties. (a) Ordinary maintenance and repair. Nothing in this chapter shall be construed to prevent or discourage the ordinary maintenance or repair of any structure when such maintenance or repair does not constitute an alteration, or to prevent the ordinary maintenance of landscape features. (b) Enforcement of maintenance and repair provisions. When the board or preservation officer determines that any designated property is endangered by lack of maintenance and repair, or that any other property in visual proximity to a designated property lacks maintenance and repair to such an extent as to detract from the character of the designated property, the board or officer may request appropriate officials or agencies of the city to require correction of such deficiencies under authority of applicable laws and regulations. (c) Unsafe structures. In the event the building official of the city determines that any designated property is unsafe pursuant to chapter 8.5 of the Code of Miami -Dade County, Florida, as amended, he shall immediately notify the board with copies of such findings. Where reasonably feasible within applicable laws and regulations, the building official shall endeavor to have the structure repaired rather than demolished and shall take into consideration any comments and recommendation of the board. The board may take appropriate actions to effect and accomplish preservation of such structure, including, but not limited to, negotiations with the owner and other interested parties, provided that such actions do not interfere with the procedures in chapter 8.5 of the Code of Miami -Dade County. Florida, as amended. Citi. of Miami Page 20 425 Printed On: 4/10/2008 Ejle Nomt)er- 08-00146zt (d) Emergency conditions. For the purpose of remedying emergency conditions determined to be imminently dangerous to life, health, or property, nothing contained herein shall prevent any temporary construction, reconstruction, demolition, or other repairs to a designated property, pursuant to an order of a government agency or a Court of competent jurisdiction, provided that only such work as is reasonably necessary to correct the emergency condition may be carried out. The owner of a structure damaged by fire or natural calamity may stabilize the structure immediately and rehabilitate it later under the provisions of this chapter. (e) Enforcement. The building department and the code inspectors as defined in section 2-813 shall assist the board by making necessary inspections in connection with the ,enforcement of this chapter. The building department shall be responsible for promptly stopping any work attempted to be done without or contrary to any certificate of appropriateness required under this chapter; and shall further be responsible for ensuring that any work not in accordance with a certificate of appropriateness is voluntarily corrected to comply with said certificate. (f) Violations and penalties. Any person who carries out or causes to be carried out any work in violation of this chapter shall be required to restore the locally designated property either to its appearance prior to the violation or in accordance with a certificate of appropriateness approved by the board. The following procedures shall govern: (1) Referral to preservation board The building department and code inspectors as defined in section 2-813 shall refer all violations to the board, unless such violation is voluntarily corrected to comply with a previously issued certificate of appropriateness. (2) Preservation board public hearing. The board shall conduct a public hearing with notice as set forth in subsection 23 5(b)(4)a. 23-7(4)(a). (3) Decision of preservation board. The board shall make findings based upon the provisions of this section and the guidelines set forth in subsection 23 5-(e) (7) and shall take one of the following actions: a. Reaffirmation of a previously issued certificate of appropriateness; b. Issuance of an amended special certificate of appropriateness with specified modifications and conditions; or Issuance of a new special certificate of appropriateness with specified conditions. The board may specify a reasonable limitation of time within which the work authorized by the certificate of appropriateness shall be commenced or completed, or both. Appeals of any decision of the board related to certificates of appropriateness shall follow the same procedures as set forth in subsection 23-5(b)(4)e. (4) Referral to code enforcement board, lf the work authorized by any certificate of appropriateness issued pursuant to subsection 23 5-(1)-(3) 7 above is not commenced and/or completed within the time specified, or if a subsequent violation of a certificate of appropriateness issued pursuant to this section is found, the building department or code inspectors as defined in section 2-813 shall initiate enforcement proceedings before the code enforcement board pursuant to the provisions of section 2-814 of the Miami City Code. This remedy shall be in addition to and not in lieu of any criminal or civil prosecution and penalty that may be provided. City of Alianii Page 21 of 25 Printed On; 440/2008 Number: OE-00145V (g) Conflicts. Where there are conflicts between the requirements of this chapter and proOsions of the zoning ordinance or other codes covering the same sti'-j...ct: the most restrictive requirements shall apply, (h) AprIcation equally to private parties and public bodies. The provisions of this chapter shal; apply equally to pions, projects, or work executed or assisted by any private party, governmental body or agency, department, authority, or board of the city, county, or state. *1, ARTICLE 7, HP HISTORIC PRESERVATION OVERLAY DISTRICTS* *Editor's note: Ord. No. 10874, § 1, adopted Apr. 25, 1991, repealed former Art. 7 of the zoning ordinance, §§ 700--711, relative to heritage conservation overlay districts, and enacted new provisions as Art. 7. §§ 700--705. Formerly, Art. 7 derived from Ord. No. 11000, the base zoning ordinance, adopted Mar. 8, 1990. Sec. 700. Intent. Chapter 23, Historic Preservation, of the Miami City Code has the intent of preserving and protecting the heritage of the City of Miami through the restoration, rehabilitation and adaptive use of Miami's historic and architectural resources, it is the intent of this article to further promote the adaptive use of historic sites buildings and buildings within historic districts by relaxing certain otherwise appl-i-ca-b-le zehing-regi.gati-o-hs-q-t-he--sta-h-dia-rel-sdariaceid-ures and conditions set forth in this article are met .allowind certain uses, when it can be demonstrated that the new use will result in a significant preservation goal. (Ord. No. 10874, § 1, 4-25-91; Ord. No. 12467; § 2, 12-18-03) Sec. 701. Application of district. No application for an HP overlay district shall be accepted unless the historic site, building, or historic district has been designated pursuant to chapter 23 of the Miami City Code. Furthermore, HP overlay districts shall be applied only to said designated historic sites, buildings, and historic districts which shall require a conditional use or —deviation, as defined in section 704.1 below, to assure their preservation. HP overlay districts may hereafter be established pursuant to the provisions of article 22, Amendments, except that all applications for amendments shall be submitted to the historic arid environmental preservation board, as established pursuant to chapter 62 of the Miami City Code, for review and recommendation prior to any public hearing on such application by the planning advisory board or zoning board. Applications for amendments to existing HP overlay districts shall be processed likewise. Applications for HP overlay districts shall be exempt from the size limit requirement on the rezoning of property as established in section 2214.1. (Ord. No. 10874, § 1, 4-25-91; Ord. No. 12467, § 2, 12-18-03) Sec. 702. Effect of district. City ofMiami Page 22 of 25 Printed On: 4/10/2008 HP overlay districts shall have the effect of modifying a e u -tn perm kited uses applyt-Fi- -- -; within an existing zoning districts indicated in the official zoning atlas, OF zoning districts hereafter created and remaining after the HP overlay district is su rlrr sed+, tothe �� .pu extent provided herein, Ail z-9i- --t -'t- -emef '=eg'4lai s—aft..-per{ -eduf &....pe- r mitted uses not specifically modified by the HP overlay shall remain in full force and effect. (Ord_ No. 10874, § 1 4-25-91 Ord. No. 12467. § 2. 12-18-03) Sec. 703, Historic and environmental preservation board; preservation officer. The historic and environmental preservation board (hereinafter referred to as the "board") and the preservation officer as established pursuant to chapter 62 of the Miami y c.,ode snail carry out the dudes as assigned by this article. (Ord. No. 10874, § 1, 4-25-91; Ord. No. 12467, § 2, 12-18-03) Sec. 704, Conditional uses and -deviations; Conditional uses dnvf3aTrs subject to the applicable criteria in Section 704.3 and any other applicable criteria specified in this ordinance: as amended. 704.1. Types of conditional uses 704.1.1. Conditional uses. Professional offices, tourist and guest homes, museums, and private dubs or lodges may be permissible as conditional uses. Such uses shall be permissible only within existing structures either individually designated or structures that contribute to the historic character of the historic site 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. For the purpose of this section: reconstruction shall be defined as the act or process of reproducing by new construction the exact form and detail of a vanished structure as it appeared at a specific period of time. Any use authorized pursuant to this section shall comply with all regulations applicable to the same or similar use in the most restrictive zoning classification permitting such use, to the extent such regulations have not been modified pursuant to this section. • ions of article 11, of a hi nnrmi##oil to do iona1rrpp,.J rest red c ru`oturally at e4-or rec 'TCl�.TQTiLd, rLJCVI cl R, Jt P©CPTPTfTc� , width, maximum height, building footprint, green spar assure the preservation of historic sites and historic distr t r,or ; s gn sha 1 be pe tied to remain and to be repaired, restored, structurally altered, or reconstructed. ("tip d♦vYt`"rvi-1,nFnr'el�-a���iacnn�l-,io �rr! �rn board. dlstr€ct crih skin# rr mplaa rail? �'fcs of the property, it n nor l ma r aut r ri�a epees- that .would crdi Drily be required guiremcnts would destroy + e historic character business hours Page 23 (9 25 Primed On: 4/JO/20f)8 Nu tier: 0 `,r.., e- {`3 F �:;: d-o --H4-vi t- -- iioert 704 2. ProceduT s for granting C017t 1tionall uses cr 44-Ct'Evlcr1 - 704.2,1 Application for o special certificate of appropriateness. An application for a special certificate of appropriateness shall be submitted pursuant to the ;provisions of chapter 23 of the rvilarni City Code. In addition, the application shad contain a written statement justifying the requested conditional use o- deviat-its and rovi +ram provide evidence that the conditional use or--de-a=- is necessary to assure the continued preservation of the individually designated historic structure or contributing structure within a historic district. 704.2.2. Notice and hearings; generally. The board shall hold a :ubiio hearing with notice as set forth in chapter 62 of the Miami City Code. 704.2.3. Decision of the board. The board shall make findings based upon the standards set forth in section 704.3 and shall take one (1) of the following actions: 1. Issuance of a special certificate of appropriateness for the conditional use or deviation proposed by the applicant; or 2. Issuance of a special certificate of appropriateness with specific modifications and conditions; or 3. Denial of a special certificate of appropriateness. 704.3. Standards. In addition to guidelines and standards for issuing certificates of appropriateness as set forth in section 23(c) 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: 1. The conditional use or devia-ti.on shall be the minimum necessary to assure the continued preservation of the historic structure; and 2. The conditional use or deviation shall be in harmony with the general intent and purpose of this Article and the applicable criteria as specified in Section 1305; and 3, For private clubs or lodges, the minimum lot size shall be fifteen thousand (15,000) square feet. For private clubs, hours of operation shah not extend beyond eleven o'clock (11100) p.m. 704.4. Conditions and safeguards. 704.4.1. The board may impose conditions and safeguards. In granting any conditional use e deviation, 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. 704.4.2. Requirements for substantial rehabilitation. As a condition of granting a conditional use or cubsta , 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 conditional use o-r-i21-eviatisn 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. 704.4.3. Requirements concerning time limitations. in granting a special certificate of appropriateness, the board shall, as a condition or safeguard, specify a reasonable limitation of time within which an application for a building permit, if applicable, shall be made. In addition, the board may prescribe a reasonable limitation of time within which rehabilitation shall be commenced or completed, or both. Failure to meet such time limitations shall result in the cancellation of the special certificate of appropriateness unless, on application to the board and on due cause shown, the board shall extend the time limitation originally set. Such application shall be filed with the preservation officer not less than thirty (30) calendar days prior to the date of expiration of the certificate of appropriateness. If the application for an extension of time is denied by the board, it shall state in writing its reasons for the action of denial. Extensions in six-month increments may be granted, but in no case shall more than two (2) extensions be granted for a specific certificate of appropriateness. (Ord. No. 10874, § 1, 4-25-91; Ord. No. 11497, § 1, 5-22-97; Ord. No. 11519, § 2, 6-26-97; Ord. No 12467, § 2, 12-18-03) (in of Page 24 of 25 Printed On: 4/10/2008 Nurnb.r.- 08-90146z, Sec, 705, Appeals. Appeals of any decision of the board sh811 follow the same prc Miami City Code. (Ord. No, 10,874, § 1, 4-25-91; Ord. No, 12467, § 2, 12-18-03) iedures as set forth in chapter 23 of the Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordnance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made apart of the Code of the City of Mi2Mi, Florida, as amended which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{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 J-le 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. Cifo Miami Page 25,125 Printed On: 4/10/2008