HomeMy WebLinkAboutItem #1- HEPBLEGISTAR FILE ID: 08-00146zt
APPLICANT
REQUEST/LOCATION
LEGAL DESCRIPTION
PETITION
PLANNING RECOMMENDATION
BACKGROUND AND ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
PLANNING FACT SHEET
March 5, 2008 Item # 1
Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
An amendment to Ordinance No. 11000, to delete, in its
entirety, Article 7, entitled, "hp historic preservation overlay
districts," and providing for certain provisions of said article
to be incorporated in the code of the city of Miami, Florida,
as amended; entitled "historic preservation"
See supporting documentation
An Ordinance of the Miami City Commission amending
Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami, Florida, to delete, in its entirety„ Article
7, entitled, "hp historic preservation overlay districts," and
providing for certain provisions of said article to be
incorporated in 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 repealer provision and severability clause; and providing
for an effective date
APPROVAL
This will allow the Historic and Environmental Preservation
Board to consider waivers from certain provisions of the
zoning code (e.g. off-street parking, minimum lot size, etc)
for locally designated historic properties, previously
contained in Article 7 "Historic Preservation Overlays" of
the Zoning Code; provide additional clarification to process;
and add definitions to further instruct and inform.
VOTE:
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
Date Printed: 2/25/2008 Page 1
City of Miami
Legislation
PAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00146zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, TO DELETE, IN ITS ENTIRETY, ARTICLE 7, ENTITLED, "HP HISTORIC
PRESERVATION OVERLAY DISTRICTS," AND PROVIDING FOR CERTAIN
PROVISIONS OF SAID ARTICLE TO BE INCORPORATED IN 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 REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will allow the Historic and Environmental Preservation Board to
consider waivers from certain provisions of the zoning code (e.g. off-street parking,
minimum lot size, etc) for locally designated historic properties, previously contained
in Article 7 "Historic Preservation Overlays" of the Zoning Code; provide additional
clarification to process; and add definitions to further instruct and inform.
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 Miami, Florida, as amended, related to Historic Preservation should be
removed from the Zoning Ordinance and incorporated into the City Code; and
City of Miami
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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; and
WHEREAS, the Historic and Environmental Preservation Board considered this item at its
February 5, 2008 meeting, and unanimously voted to recommend the adoption of the ordinance, with
certain changes, to the Planning Advisory Board and the City Commission; and
WHEREAS, the Miami Planning Advisory Board (PAB) considered this item at its March 5,
2008 meeting, Item No. 1 adopted Resolution No. PAB and by a vote of to
( - ) has recommended the adoption of this item to the City of Miami City Commission;
and
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 11000 of the City of Miami, Florida, as amended, is amended by
deleting Article 7, entitled "HP Historic Preservation Overlay Districts," in its entirety and substituting in
lieu thereof the following language in said Article:
"Provisions and regulations relating to "HP Historic Preservation Overlay
Districts" are set forth in Chapter 23 of the Code of the City of Miami, Florida, 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 Miami'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.
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(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) Promote the use of historic sites resources, historic districts, and
archaeological sites and zones for the education, pleasure, and welfare
of the people of the city.
(b) The purpose of this chapter is to:
(1) Provide the framework and legal mechanism for identifying and designating
those properties that have major significance in the city's historic, cultural,
archaeological, paleontological, aesthetic, and architectural heritage.
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,
minimum 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 within an historic
district.
Provide 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 local historic
district.
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.
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.
Assure that alterations and new construction within designated historic sites,
historic districts, and archaeological zones are compatible with the property's
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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 1966, 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
#ts their authorized representative.
Application, complete. An application for approval sought pursuant to this chapter
shall be deemed complete if it is on a form approved by the city and all applicable
information is provided by the applicant on the form, or attachment(s) as necessary, at the
time of its filing and all required fees are paid.
Archaeological 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".
Archaeological site. A single specific location which has yielded or is likely to yield
information on local history, prehistory, or paleontology. Archaeological sites may be found
within archacological zoncs, historic sitcs, or historic 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 dicturh,ng tivit„ or other work; or to
allow certain waivers or an exemption to the criteria set forth in the Zoning Code
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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 structure/landscape feature. A structure or which by location, design,
setting, materials, workmanship, feeling, and association adds to the sense of time and
place and historical development of a historic site or historic district.
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.
Demolition. The complete destruction of a structure, or any part thereof.
Designated property; designated historic site; designated historic district; designated
archaeological zone. A historic site, historic district, or archaeological zone designated
pursuant to either this chapter or article 16 of Ordinance No. 9500, the previous zoning
ordinance of the city, as amended, and shown in the historic and environmental
preservation atlas.
Environmental Preservation 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.
Florida Master Site File (FMSF). The list, or catalog, maintained by the Division of
Historical 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
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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 shows all designated
historic sites, historic districts, and archaeological 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.
Historic site. A geographically defined area containing a structure or site, or a
historically related complex of structures or sites, which has a special character or a special
historic or aesthetic interest or value as part of the heritage of the city . The location of a
significant event, a prehistoric or historic occupation or activity, or a structure, whether
standing, ruined, ruined or vanished, or a vanished structure, where the location itself
possesses historic, cultural, archaeological, or paleontological value, regardless of the
value of any existing structure.
Infill. New construction that has been designed and built to replace missing
structures or otherwise fill gaps in the streetscape of a historic district.
Interim protection measure. The interim period of time needed to protect a property
from demolition, relocation, alteration, or new construction until such period of time
provided by law passes for the property to be considered for designation as a historic site ,
historic district, or archaeological zone.
Landscape feature. Vegetation, geological features, ground elevation, bodies of
water or other natural or environmental features.
Locally Designated Historic Resource. An overarching term used to describe any
archaeological site or zone; individual building; structure, object, landscape feature or
historic district that has been approved for designation by the City of Miami's Historic and
Environmental Preservation Board, as prescribed by the provisions of this chapter, and
shown in the Historic and Environmental Preservation Atlas.
Miami Register 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.
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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 later work or by the replacement of missing earlier work.
Scenic Transportation Corridor. Those roadways which have been identified as
having a unique landscape character and/or an expansive tree canopy that is of substantial
environmental importance to the city, as described in Section 17-31(3) of the Miami City
Code.
Site. The location of a significant event, a prehistoric or historic occupation or
activity, or a structure, whcthcr standing, ruincd, or vanished, where the location itself
possesses historic, cultural, archeological, or paleontological value regardless of the value
of any existing structure.
Structure. Anything constructed or erected, the use of which requires a fixed
location on the ground or attachment to something having fixed location on the ground.
Unreasonable or undue economic hardship. An onerous and excessive financial
burden that destroys reasonable and beneficial use of property and that would amount to
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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 cites 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
(8) Have yielded, or may be likely to yield, information important in prehistory or
history.
b. Criteria Exceptions. Ordinarily cemeteries, birth places, or graves of historical
figures, properties owned by religious institutions or used for religious purposes, structures
that have been moved from their original locations, reconstructed historic buildings ,
properties primarily commemorative in nature and properties that have achieved
significance within the past fifty (50) years shall not be considered eligible for listing in the
Miami Register of Historic Places. However, such properties will qualify for designation if
they are integral parts of districts that do meet the criteria, or if they fall within the following
categories:
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Lil 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
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
A cemetery that derives its primary significance from graves of persons of
outstanding importance, from age, from distinctive design features, or from
association with historic events; or
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
A property primarily commemorative in intent if design, age, tradition, or
symbolic value has invested it with its own exceptional significance; or
A property achieving significance within the past fifty (50) years if it is of
exceptional importance; or
A religious property deriving primary significance from architectural or
artistic distinction or historical importance.
�14)LQ 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
Miami Dade County 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 property
e. Contemporary photographs of the property of those sides visible from the
public right-of-way.
f. Name and contact information of the person (s)/ organization (s)
submitting the proposal.
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The board shall conduct a preliminary evaluation of the data provided in the
proposal for conformance with criteria set forth in subsection 23-4(a); and shall, if
appropriate, direct the planning and 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 least ten days prior to the meeting at which the board will
consider the preliminary evaluation, the owner of property or his designated
agent or attorney, if any, which is the subject of said proposal for designation
shall be notified by certified mail of the board's intent to consider the
preliminary evaluation of the property. Should the applicant be a person
other than the property owner or their designated agent or attorney, the
applicant of record shall be notified as well as the owner of the subject
property.
b. Interim protection measures. From the date said notice of the
preliminary 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 a
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 shall
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(f).23 9 (f).
(2) Preparation of designation report. For every proposed historic sitc resource,
historic district, and archaeological ite or zone, the planning and zoning department
shall prepare a designation report containingthe 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 sites resources shall
generally include the entire property or tract of land, unless such tract is so
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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. Archaeological zone boundaries 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 geographic features to facilitate efficient management.
c. Interiors. Interior spaces that have exceptional architectural, 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 shall 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 citc 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
proposals based upon policies set forth in its rules of procedure. All 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 his designated agent or attorney, if any, which
is the subject of such designation shall be notified by mail 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 there 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
least 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 act forth in scction 62 156 for the mailing
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
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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.
LQ 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.
LQ Notifications. Following the designation of a resource, the historic preservation
officer shall notify the following parties with a copy of the resolution:
a. The owner (s) of record and any other party having an expressed interest
in the property;
b. The Miami -Dade County Clerk of the Courts.
5)j Appeals. The property owner, any one member of the city commission, the
planning and zoning department, or any aggrieved party may appeal to the city
commission any decision 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 $3.50 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 all 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 23 5 23-4(b) shall remain in effect
during the entire appeal process, unless stayed by a court of competent jurisdiction.
6)L 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.
s}LQ 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
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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.
ILD 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.
LQ Owner notification and requirements for comment. The
preservation board shall obtain comments from the public that
report making a recommendation. Objections to being listed in
property owners must be notarized and filed with the historic
thirty (30) days after its meeting, the historic preservation and
board shall forward to the State historic preservation officer its
historic and environmental
shall be included in the
the National Register by
preservation office. Within
environmental preservation
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.
LQI 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 historic and environmental preservation board or local
officials or both support the nomination, the state historic preservation officer will 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 preservation board and the
local officials recommend that a property not be nominated to the National Register, the
state historic preservation officer will take no further action on the nomination unless an
appeal is filed with the state historic preservation officer.
Sec. 23-6 Waivers for Locally Designated Historic Resources.
In an effort to promote and encourage the preservation and adaptive use of locally
designated resources, so designated pursuant to the provisions of Section 23-4 of this
article , the Historic and Environmental Preservation Board may grant certain waivers to the
Zoning code provided that it will further the preservation of a locally designated property.
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, as well as those non-contributing
buildings located within the Biscayne Boulevard/ Miami
Modern Historic District, shall be permitted to be repaired,
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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 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
or historic district, and that
d) it can be demonstrated that special circumstances exist,
such as adjacencies or shared parking that will practically
alleviate concerns for off-street parking.
The Historic and Environmental Preservation Board shall make specific
findings that establish how the criteria have been met. Additionally, the Board
may impose any conditions, restrictions, or limitations deemed appropriate in
order to ensure compliance with the criteria set forth above.
b. Waivers concerning Historic Signage
Historic signs shall be permitted to remain and to be repaired,
restored, structurally altered, or reconstructed. Signs may possess
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intrinsic importance, or acquire that importance as a result of their
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. Is associated with historic figures, events or places;
2. Is significant as evidence of the history of the product,
business, or service advertised;
3. Is 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. Is 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 necessary to
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assure the continued preservation of the designated historic structure.
d. Notice and hearings, generally.
The board shall notice the public hearing at which the waiver is
requested, following the same procedures as is required for a Special
Certificate of Appropriateness.
e. Decision of the board.
The board shall make findings based upon the standards set forth in
section 23- 8 and shall take one (1) of the following actions:
1. Issue the special certificate of appropriateness for the waiver
proposed by the applicant; or
2. Issue the special certificate of appropriateness with specific
modifications and conditions; or
3. Deny the special certificate of appropriateness.
f. Standards.
In addition to the guidelines and standards for issuing certificates of
appropriateness as set forth in Section 23-8 of the Miami City Code, the
Board shall determine that the following standards have been met before
reaching a decision to grant a special certificate of appropriateness:
1. The waiver shall be the minimum necessary to assure the
continued preservation of the historic structure; and
2. The waiver shall be in harmony with the general intent and
purpose of this chapter.
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.
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i. Requirements concerning time limitations.
Any certificate of appropriateness issued under this section shall be
governed by the time limitations stipulated in Section 23-8(q).
Sec. 23-6 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 archaeological site or
archaeological zone or within an archaeological 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 of appropriateness.
(1) Preapplication 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, shall 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 ,
and other materials, and any applicable fees as required by 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
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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 233 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 a iplicant may ai egue that hi a bo to ifi
S8� St crra-rrt� tl$H��o���;,,a-
special certificate of appropriateness.
a. Public hearing. When a complete application is received, the
preservation officer shall place the application on the next regularly
scheduled meeting of the board. The board shall hold a public
hearing to review the application. All public hearings on certificates of
appropriateness conducted by the board and hearings on appeals of
board decisions to the city commission regarding certificates of
appropriateness shall be noticed as follows:
1. The applicant shall be notified by mail at least ten
calendar days prior to the hearing.
2. Any individual or organization requesting such notification
and paying any established fees therefore shall be
notified by mail at least ten calendar days prior to the
hearing.
3. An advertisement shall be placed in a newspaper at least
ten calendar days prior to the hearing.
4. Any additional notice deemed appropriate by the board.
b. Decision of the board. The decision of the board shall be based
upon the guidelines set forth in subsection 23-5-8(n as well as the
general purpose and intent of this chapter and any specific design
guidelines officially adopted for the particular historic sitc resource,
historic district, or archaeological site or zone. No decision of the
board shall result in an unreasonable or undue economic hardship for
the owner. The board may seek technical advice from outside its
members on any application. The decision of the board shall include
a complete description of its findings, and shall direct one of the
following actions:
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;
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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
No. 11000, the zoning
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,
to article 17 of Ordinance
ordinance of the city,
as
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 apply,
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
considered by the city. Appeals from decisions of the city commission may be made to the courts
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as provided by the Florida Rules of Appellate Procedure.
f. Changes in approved work. Any change in work proposed subsequent to the issuance of a
certificate of appropriateness shall 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, Conditional uses and deviations. The board shall issue special certificates of appropriateness
for conditional uses and deviations, pursuant to the provisions of article 7 of Ordinance No. 11000,
Oho zoning ordinance of the city as amended
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 months twelve months
upon written request by the applicant, unless the board's
guidelines as they may relate to the authorized work have been
amended.
(c)Q 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 aestheic character of the subject structure
or the relationship and congruity between the subject
structure and its neighboring structures and suroundings,
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."
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(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.
(2)(4j 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:
1. The degree to which the structure
contributes to the historic and/or
architectural significance of the
historic site or district;
2. Whether loss of the structure would
adversely affect the historic and/or
architectural integrity 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;
6. Whether there is a compelling public
interest requiring the demolition.
b. The owner shall 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
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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.
{�)_1 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 0j Removal of landscape features.
a. No certificate of appropriatenes& approval shall be granted for
removal, relocation, concealment or effective destruction by
damage of any contributing landscape features identified in the
designation report unless one of the following 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 in danger
of falling; unreasonably interferes with utility service;
creates unsafe vision clearance; or conflicts with
other applicable laws and regulations.
b. As a condition of granting the certificate of appropriateness
approval, the applicant may be required to relocate or replace
identified landscape features.
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{}2) Ground disturbing activity in archaeological zones, archaeological
sites, or archaeological conservation areas.
a. No certificate of appropriatenes& to dig shall be issued for new
construction, excavation, tree removal, or any other ground
disturbing activity until the city's archeologist staff or its
representative, all of whom meet the Secretary of the Interior's
Professional Qualifications Standards for Archaeology (36 CFR
Part 61 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 appropriatcncss to dig with a
delayed effective date of up to 45 calendar days to allow any
necessary site excavation or assessment.
(-rs4LQ Unreasonable or undue economic hardship.
a. Where strict enforcement of the provisions of this section would
result in an unreasonable or undue economic hardship to the
applicant, the board shall have the power to vary or modify the
provisions of this section, including adopted guidelines. The fact that
compliance would result in some increase in costs shall not be
considered unreasonable or undue economic hardship if the use of
the property is still economically viable.
b. Any applicant wishing to assert unreasonable or undue hardship
must submit as a part of the application for a certificate of
appropriateness a written statement presenting the factual data
establishing such economic hardship. The written statement
presenting factual data shall be in the form of a sworn affidavit
containing the following information:
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1. The amount paid for the property, the date of purchase
and the party from whom purchased, including a
description of the relationship, whether business or
familial, if any, between the owner and the person
from whom the property was purchased;
2. The assessed value of the land and improvements
thereon according to the three most recent
assessments;
3. The amount of real estate taxes for the previous three
years;
4. All appraisals obtained by the owner or applicant within
the previous three years in connection with the
potential or actual purchase, financing or ownership of
the property;
5. All listings of the property for sale or rent within the
previous three years, prices asked and offers
received, if any;
6. For income producing property only, a profit and loss
statement for the property containing the annual gross
income for the previous three years; itemized
expenses, including operating and maintenance costs,
for the previous three years; annual cash flow for the
previous three years; and proof that the owner has
made reasonable efforts to obtain a reasonable rate of
return on the owner's investment and labor;
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
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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.
(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)('I)a. 23-7(4)(a).
(3) Decision of preservation board. The board shall make findings based
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upon the provisions of this section and the guidelines set forth in subsection
23-5-(G) (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
c. 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. If the work authorized by any
certificate of appropriateness issued pursuant to subsection 23 6(f ) 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.
(g) Conflicts. Where there are conflicts between the requirements of this chapter
and provisions of the zoning ordinance or other codes covering the same subject,
the most restrictive requirements shall apply.
(h) Application equally to private parties and public bodies. The provisions of this
chapter shall apply equally to plans, projects, or work executed or assisted by any
private party, governmental body or agency, department, authority, or board of the
city, county, or state.
*„
Section 4. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 5. 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 6. 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 Miami, 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 7. This Ordinance shall become effective thirty (30) days after approval at second reading,
unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor
City of Miami Page 26 of27 Printed On: 2/26/2008
File Number: 08-00146zt
vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City
Commission.
APPROVED AS TO FORM AND CORRECTNESS:
MARIA J. CHIARO
INTERIM 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.
City of Miami Page 27 of 27 Printed On: 2/26/2008