HomeMy WebLinkAboutLegislation - SUBCity of Miami
Legislation
Ordinance: 13008
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00146zt
Final Action Date: 6/26/2008
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF
THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"HISTORIC PRESERVATION," BY ALLOWING THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD ("HEPB") TO GRANT WAIVERS FOR
LOCALLY DESIGNATED HISTORIC RESOURCES; PROVIDING DEFINITIONS AND
ESTABLISHING PROVISIONS FOR: (1)"TRANSFER OF DEVELOPMENT RIGHTS
FOR HISTORIC RESOURCES;" A PROCESS WHEREBY OWNERS OF
HISTORICALLY SIGNIFICANT PROPERTIES OR NON-CONTRIBUTING
PROPERTIES WITHIN THE DESIGNATED MIAMI MODERN ("MIMO")/BISCAYNE
BOULEVARD HISTORIC DISTRICT MAY SELL BASE UNUSED DEVELOPMENT
RIGHTS; (2)REQUIRING THE BENEFIT FROM SUCH TRANSFER TO BE USED
FOR FUTURE IMPROVEMENTS AND MAINTENANCE OF ORIGINATING
HISTORIC PROPERTIES; (3)CREATING AN ELIGIBILITY PROCESS FOR
HISTORIC RESOURCES WHEREBY THOSE PROPERTIES NOT YET LOCALLY
DESIGNATED MAY QUALIFY FOR THE TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM BEING ESTABLISHED; (4)ESTABLISHING A MONITORING PROCESS
TO INSURE COMPLIANCE WITHIN THE TRANSFER OF DEVELOPMENT RIGHTS
PROCESS; (5)CREATINGATRACKING SYSTEM WITHIN THE BUILDING PERMIT
PROCESS THAT LIMITS CAPACITIES FOLLOWING THE SALE OF THE
DEVELOPABLE TRANSFER RIGHTS SUBJECT TO THE APPLICABLE
PROVISIONS OF THE ZONING ORDINANCE; (6)ALLOWING WAIVERS FOR
LOCALLY DESIGNATED HISTORIC RESOURCES BASED ON CERTAIN
STANDARDS; AND (7)ESTABLISHING PROCEDURES FOR NOMINATIONS TO
THE NATIONAL REGISTER OF HISTORIC PLACES; MORE PARTICULARLY BY
AMENDING SECTIONS 23-1 THROUGH 23-9 OF THE CODE OF THE CITY OF
MIAMI; FURTHER AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO AMEND ARTICLE 7,
ENTITLED "HP HISTORIC PRESERVATION OVERLAY DISTRICTS," THAT
ADDRESSES "DEVIATIONS" CONCERNING HISTORIC STRUCTURES, AND
PROVIDING FOR CERTAIN PROVISIONS OF SAID ARTICLE ARE
INCORPORATED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, AND TO ADD RESTAURANTS AS A CONDITIONAL USE WITH
APPROPRIATE SAFEGUARDS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the preservation of the City of Miami's ("City") historic resources is a significant
goal in the City's overall vision for its future; and
WHEREAS, the increasing competition for land and the relative expense of maintaining
significant resources in their historic condition has made historic preservation exceedingly difficult
financially, particularly when the land is zoned for high density use; and
WHEREAS, areas within the City exist where greater intensity may be desirable and these
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City of Miami
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Enactment Number: 13008
areas may be described as "receiving sites" for the purpose of the sale of transfers of development
rights ("TDRs"), and
WHEREAS, historic resources exist within the City that have not yet been historically
designated, but would be eligible for designation, and thus for the incentive offered by a Transfer of
Development Rights incentive; and
WHEREAS, certain provisions of Ordinance 11000, the Zoning Ordinance of the City of Miami,
with respect to open space, off-street parking, minimum lot size, signage and/or loading requirements
prevent a historic resource from strict compliance, and sometimes precludes viable use; 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; and
WHEREAS, it has been identified that certain provisions of Ordinance No. 11000, of the Zoning
Ordinance of the City of Miami, Florida, as amended, relating to Historic Preservation should be
removed from the Zoning Ordinance and incorporated into Chapter 23 of the City Code for ease of
use; and
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 23 of the Code of the City of Miami, Florida, as amended, entitled "Historic
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 pale ontological resources, areas, neighborhoods, and
scenic vistas which represent distinctive elements of the City's historic, cultural, archaeological,
pale ontological, 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
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Enactment Number; 13008
(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.
(2) Provide a mechanism whereby the HEPB may, in the interest of historic preservation, waive
certain zoning requirements pertaining to minimum lot size, setbacks, minimum lot widths, building
footprint, green space, off-street parking and/or loading requirements, for those existing structures
deemed individually significant, or "contributing" within a designated historic district.
(3) Provide a mechanism whereby the HEPB may, in the interests of historic preservation, waive
up to 20% of the underlying zoning district requirements for building footprint or green space, for
either an addition to an existing locally -designated historic resource, or a "contributing" building
within a historic district.
.(4) Provide a mechanism whereby the HEPB may, in the interests of historic preservation, allow
signage which has been deemed "historic" to remain, and be repaired, restored, relocated,
structurally altered, or reconstructed.
(5) Provide an incentive for historic resources, and those deemed "eligible" by the City of Miami
HEPB for historic designation, known as "Transfer of Development Rights for Historic Resources."
(6) Establish minimum standards to qualify eligible resources, that while not yet officially locally
designated under the provisions of this chapter, qualify as eligible for listing and thereby may apply
for Transfer of Development Rights, provided that the resource is formally listed in the Miami
Register of Historic Places within one year from the date of the HEPB's review of the application.
(7) 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.
(2)L8 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.
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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 physical 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 his 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 applicable or 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" where the probability of
sub -surface artifacts is considered likely.
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. Archaeelagie-al-sites-m-ay-be-found-w+t#iin-arohaeologieal-zenes histei c-
sites or-lei-steric 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-dsturbing et+vity; or other work: or to allow certain
waivers from the criteria set forth in the Zoning Ordinance and this Chapter.
Certificate of Approval. A written document permitting tree removal or development activity within
those areas identified and established as environmental preservation districts or scenic
transportation corridors.
Certificate of Transfer. A written document issued by the Planning Director to the eligible historic
resource (sending site), stipulating the amount of area available for transfer.
Certificate to Dig. A written document permitting certain ground disturbing activities, such as filling,
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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 applicable
regulations of the Department of the Interior and the State of Florida.
Gel Elting--structure%landseape--feature st cturc or-whieh y-leeatiort design, setting-,
materials -workmanship, feeling, and aceeiation-adds to the -sense of time -and -place and historical
development-ef -a-hi stone-site-or-histora�distrist
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 expressly
incorporated by reference in this chapter.
Demolition. The complete destruction of a structure, or any part thereof.
Dosignated—propel -designated historic site; designated—histeric district; dcsignated-
arehaeelogieal zone. A historic-site-historis--d+strict, er archaeelegieal zone designated -pursuant to
either this chapteror-artielc 16--of Ordinance No. 9500;the-previews zoning -ordinance of the-eity-
as amended, and shown -in the-historic-and-envirenmental-presewatlen atlas -
Eligible Historic Resource. A term used to describe archaeological sites and individual buildings,
which have not yet been locally designated under the provisions of Chapter 23, but have met the
eligibility criteria, and been certified by the HEPB as having met that criteria, so that they may take
advantage of the Transfer of Development Rights program, providing that their owners commit to
the official local designation within a period of one year from the Board's approval of the
determination of eligibility.
Environmental Preservation District: Geographical areas, parcels or corridors, which have been or
may be identified in the future, established by the City Commission as significant natural or artificial
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.
Existing Conditions Report, A report prepared by a registered architect or engineer that describes
the current general condition of an eligible historic resource that is applying for a Certificate of
Transfer.
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
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that may alter or reveal an interred archaeological or pale ontological site.
Enactment Number: 13008
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 shows all designated historic sites, historic districts, and
archaeological zones.
Historic Preservation Waiver: 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 sign, A skin that has demonstrated artistic, historic, cultural, and/or aesthetic value, as
determined by resolution of the HEPB.
Historic site. A gcographieal-ly-dcfincd area containing a structure or site, or -a -historically related
complex of structures --emotes which has -a --special character --or a special historic or aesthetic -
interest or value -as part of -the -heritage -of -the- it e location of a significant -even# -a-prehistoric
or -historic occupation-or-aetivity-or a structure; whether standing rained ruined-or-uanishe r-a-
vaRished-str-ueture where-the-loc-ation-itself possesses historic, cultural, archeoiogfsa-or—pale-
ontological-value. regardless of the valuc of any -existing -structure, 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 pale ontological 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.
Interim protection measure. The interim period of time needed to protect a property building,
structure, object and/or landscape feature 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. 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 HEPB, as prescribed by the provisions of this chapter, and shown in the Historic
and Environmental Preservation Atlas.
Maintenance Plan. A written document submitted by the owner of an eligible historic resource for
the Transfer of Development Rights program, that identifies any existing deficiencies in the building
along with a remediation plan for the short term, and which further identifies a plan for the cyclical
maintenance of the building for the long term.
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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 HEPB, 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.
Receiving Site. A parcel or parcels that have increased their development rights through the
purchase and application of a Historic TDR purchase.
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 that 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.
Sending Property: The qualifying historic resource that is selling its unused base development
rights to the receiving site.
Site. The-Ioeatien of a -significant event, a prehistoric—er--hietor-ie-eeeupation or aetvity -er a
Et re; -w tethestanding uirled;-or-valis# e-where-the-Ioc-ation itself pos„cc.,,es-historic,
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cultural; -archeological o -pale-ontological vatuc rcgardlcsc 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.
Transfer of Development Rights (TDR) for Historic Resources. The sale of the unused
development rights to another party upon a binding written commitment that results in the
restoration, rehabilitation and/or preservation of the historic resource for the public benefit.
Unreasonable or 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 City Code, as
amended, shall carry out the duties as assigned by this chapter and other applicable laws.
Sec. 23-4.Designation of historic sites resources, historic districts, and archaeological
sites and zones.
(a) Criteria for designation. Properties may be designated as historic site, resources, historic
districts, or archaeological sites and 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
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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:
(1) 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 no appropriate
site or building exists 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 age, from distinctive design features, or from association with historic events;
or
(4) A reconstructed building when accurately executed in a suitable environment and presented
appropriately 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 exceptionally
important; 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, tire-Miat-i Dade County—kistsric-
prese;rvation-board, or any interested citizen, organization, agency, association, board, or
business entity. The board shall conduct a preliminary evaluation of the data provided in the
proposal for conformance with criteria set forth in subsection 23-4(a); and shall, if appropriate,
direct the planning and -zoning department to prepare a designation report. The board may
require the party initiating such proposal to provide any necessary documentation, and to pay
any applicable fees.
a. Notification. At least ten days prior to the meeting at which the board will consider the
preliminary evaluation, the owner of property or his designated agent or attorney on file with the
city, 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 designated agent or attorney on file with
the city, the applicant shall be notified and the owner of record of the subject property shall be
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the city, the applicant shall be notified and the owner of record of the subject property shall be
notified.
b. Interim protection measures. From the date said notice of the preliminary evaluation is
mailed, 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 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 office 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- ),23-8 (f).
(2) Preparation of designation report. For every proposed historic site resource, historic distrct,
and archaeological zone, the planning and -zoning department shall prepare a designation report
containing the following information:
a. Designation rport. 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 site or 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 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 regularly 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
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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 thin 0} fifteen (15) 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 -set forth in section 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 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.
(5) Electronic Building Records. Following the designation of a resource, the historic preservation
officer shall note 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:
a. The owner(s) of record.
b. The Miami -Dade County Clerk of the Courts.
(-5}(7) 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
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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 as promptly as possible. 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. The appeal shall be a de novo hearing and the city
commission may consider new evidence or materials in accordance with §2004 of the Zoning
Ordinance. Appeals shall be made directly to the Miami City Commission, within 15 calendar days
after the date of the decision, and follow the procedures described in Sections 23-8(e) or 23-4(7).
(6)(81 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.
ke)(d) 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 HEPB 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 HEPB shall give notice to the owners 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 HEPB shall also obtain a written recommendation
from the City Commission and the Miami -Dade Board of County Commissioners whether each
property should be nominated to the National Register, and these recommendations shall be given
to the HEPB within thirty (30) days.
,(c) Owner notification and requirements for comment. The HEPB 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 HEPB 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 HEPB 's actions.
fd) 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 HEPB 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 HEPB 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. Transfer of Development Rights for Historic Resources; Provision for a
Determination of Eligibility Process, and Special Provisions for Resources within the Miami
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Modern (MiMo)/Biscayne Boulevard Historic District.
It is the intent of this section to encourage the preservation of historic resources by creating a
process whereby the otherwise unusable development rights for historic resources may be
converted into an asset that may be sold to a receiving site, where a greater intensity is currently
allowed. Owners of eligible properties shall be issued a "Certificate of Eligibility" following
confirmation that the property meets the criteria established in Section 23-6 (a) or has been
determined eligible under the process described in Section 23-6 (c) of this Code.
(a) Eligible Properties (Sending Sites).
(1) Under the TDR provisions described in this section, a property owner is automatically eligible to
apply to sell their unused development rights if the property is classified as one or more of the
following:
a. Individually listed in the National Register of Historic Places;
b. Listed as a contributing property within a National Register district;
c. Individually listed in the Miami Register of Historic Places under the provisions of Section 23-4 of
the Miami City Code;
d. Listed as a contributing property within a local historic district under the provisions of Section
23-4 of the Miami City Code;
e. Qualified as an "eligible historic resource," after having met the criteria for eligibility set forth in
sub -section (c) below, and so determined by the HEPB.
f. Otherwise qualifies as a historic resource, but that has lost its historic integrity because of major
alterations and/or additions; provided that it can be shown to the HEPB that:
1. The building's original appearance can be documented;
2. The owner applies for and receives a Special Certificate of Appropriateness, detailing the steps
to be taken to restore the original appearance of the building;,
3. The owner substantially completes the proposed restoration activity before an application for
Transfer of Development Rights is submitted,
,(2) A contributing or non-contributing resource contained within the boundaries of the Miami
Modern (MiMo)/Biscayne Boulevard Historic District shall be eligible for the TDR incentive as
further described in Section 23-6 (3)(b).
(b) Miami Modern (MiMo)/Biscayne Boulevard Historic District.
On June 6, 2006 the HEPB designated that portion of Biscayne Boulevard from NE 50th Street on
the South to NE 77th Street on the north, as a historic district. Historically, Biscayne Boulevard
was a premier shopping destination, and later the principal corridor leading tourists to the
spectacular attractions in the Miami area.
As the MiMo/Biscayne Boulevard Historic District is the only overwhelmingly commercial historic
district in the city that has been listed in the Miami Register of Historic Places, it is deemed
deserving of special considerations not applicable to the residential historic districts.
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Over the years, inappropriate infill construction changed the character of Biscayne Boulevard,
resulting in a Tess -than -cohesive character. It is the desire of the City of Miami to encourage new
construction and improvements or remodelings to existing structures so that they either return to
the classic types prevalent during the historic periods of significance, or represent an improvement
that maintains the high standards of appearance for the entire historic district, as determined by
the HEPB.
Further, the TDR incentive shall be available to the structures judged as non-contributing only in
the MiMo/Biscayne Boulevard Historic District. The incentive for non-contributing buildings is
intended to promote reinvestments within the overall area encompassed by the historic district
leading to its betterment,
(1) Standards for the Improvements to Non -Contributing Structures. When improvements to
non-contributing buildings are made, the following guidelines shall be implemented:
a. Use of building materials commonly found in the construction of the "contributing" structures
within the historic district;
b. Installation of signage that is in keeping with the periods of significance represented in the
district (1924-1956);
c. Architectural design that complements the historic building types and vocabulary which include:
i, Mediterranean Revival
ii. Art Moderne
iii. Art Deco
iv. Miami Modern (MiMo)
v. South Florida Regional Vernacular
e.q. a style or type of building that represents the local or indigenous adaptations of design
resultant from the climate, traditions, and available building materials in the region.
Nothing in these standards shall be construed to encourage a false sense of historical appearance.
Replications or reconstructions shall be permitted only as specifically allowed by the HEPB, and
under the provisions of Section 23-6 (1)(f).
(c) Qualification as an Eligible Historic Resource: Requirements and Certification Process.
A property may be determined eligible for local historic designation in order receive a "Certificate of
Eligibility, and therefore take advantage of the Transfer of Development Rights provisions,
provided that the building meets certain eligibility criteria; and that a formal application for local
historic designation is submitted to the Planning Department within one (1) year from the date the
eligibility application is approved by the historic and environmental preservation board.
1. Criteria for Eligibility. In general, the resource must be at least fifty (50) years old and maintain
its physical integrity so that it sufficiently conveys its original character; possess integrity of design,
setting, material, workmanship, feeling and association, and meet at least one of the following
criteria:
a, is associated in a significant way with the life of a person important in the past;
b. is the land or location of a historic event with significant effect upon the community, city, state, or
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c. exemplifies the historical, cultural, political, economical, or social trends of the community;
d. portrays the environment in an era of history characterized by one or more distinctive
architectural styles;
e. embodies the distinguishing characteristics of an architectural style, or period, or method of
construction;
f. is an outstanding work of a prominent designer or builder; and
q. contains elements of design, detail, materials, or craftsmanship of outstanding quality or which
represents a significant innovation or adaptation to the South Florida environment.
2. Application Process and Documentation Required to Qualify as an "Eligible Historic Resource"
Applications for a determination of eligibility in connection with the Transfer of Development Rights
program will contain the information required within a local historic designation report, and
sufficient supporting documentation to enable the HEPB to make a valid conclusion. The
application will include:
a. photographs of all elevations illustrating the existing conditions;
b. most recently available copy of the Miami -Dade County Assessor's office record for the property;
c. affidavit for Proof of Ownership-,
d. written description of the property, noting architectural style, building materials, roof shapes, and
ornament, as applicable;
e. written description of the changes to the property that have occurred over time, as applicable;
f. results of Miami City Directory search to identify original resident/business establishment, as
applicable;
q. bibliography of historical records used in the research, as applicable;
h. written evaluation of the property's significance using the criteria established in Section 23-4(a)
(1-8);
i. other information as deemed necessary by the Planning Director; and
i, any fees specified for this purpose.
3. Review for Certification of an Eligible Historic Resource. Once the application for a
Determination of Eligibility has been deemed complete, the Preservation Officer shall schedule the
application before the next regularly scheduled meeting of the HEPB. At least ten (10) days prior
to the meeting at which the application will be heard, the owner or their designated agent or
representative, shall be notified of the Board's intent to consider the application.
In making its decision as to whether to certify the resource, the Board shall consider:
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a. whether the resource is of such interest or quality that it meets one or more of the criteria
established by Section 23-4 (a)(1-8);
b. whether the resource maintains its physical integrity, or whether it has been altered to such a
degree that it no longer conveys the qualities for which it was deemed historically significant;
c. whether the preservation of the resource will promote the general welfare of the city by providing
an opportunity for the study of local history, architecture and design, or develop an understanding
of the importance and value of a particular culture and heritage;
d. whether or not the resource is one of the Last remaining examples of its kind in the city, region,
or state.
4. Should the HEPB find that the proposed resource meets the criteria and considerations to be
deemed an eligible historic resource; within thirty (30) days of that decision, a "Certificate of
Eligibility" will be prepared by the Historic Preservation Officer, and mailed (via certified mail) to
the Applicant.
5. Appeals from the Decision of the HEPB. 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 as promptly as possible. 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 2-3-5
23-4(b) shall remain in effect during the entire appeal process, unless stayed by a court of
competent jurisdiction. The appeal shall be a de novo hearing and the city commission may
consider new evidence or materials in accordance with §2004 of the Zoning Ordinance. Appeals
shall be made directly to the Miami City Commission, within 15 calendar days after the date of the
decision, and follow the procedures described in Sections 23-8(e) or 23-4(7).
6. Requirement for Local Historic Designation, "Eligible Historic Resources."
a. A resource classified as an "Eligible Historic Resource" may apply for a Certificate of Transfer
following the determination of eligibility.
b. Should the applicant apply for and receive a Certificate of Eligibility the eligible historic resource
will be required to be locally designated through the formal process described in this chapter,
within one (1) year following the HEPB 's determination.
7. Conditions and Safeguards: "Eligible Historic Resources"
a. Upon the determination of eligibility by the HEPB, the owner shall be subject to the restrictions.
concerning the requirement for the issuance of a Certificate of Appropriateness for changes made
to the building. The owner is prohibited from demolishing a structure deemed an eligible historic
resource, until such time as an application for a Special Certificate of Appropriateness for
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demolition under the process contained in Section 23-8 (4) is adjudicated by the HEPB.
[Enter Text Here]
b. The "Certificate of Eligibility" will expire within one (1) year from the HEPB's determination, at
which time, the property owner must have applied for local historic designation of the resource
which had been determined eligible.
8. Calculations of Available Development Rights (Sending Property).
1. For those properties deemed eligible to participate in the TDR program under the terms of
Section 23-6 (1), the Zoning Administrator or their designee shall calculate the unused
development potential (base development rights) that may be transferred to a receiving property at
100% of the available square feet permitted by the underlying zoning district, thereby recognizing
the additional requirements associated with the rehabilitation of a historic property.
2. For those non-contributing properties contained with the Miami Modern (MiMo)/Biscayne Boulevard
Historic District as described in Section 23-6(b), the Zoning Administrator or their designee shall
calculate the base unused development rights at 75% of the total available square feet permitted by
the underlying zoning district, which shall be available for transfer (sale). The lot itself may be
developed at 100% of its capacity under the requirements of the historic district guidelines, and the
Miami Zoning Code.
(9) Requirements for the Preservation of Eligible Historic Resources (Sending Properties) Using the
Provisions of the TDR: Application Process.
The purpose of this incentive is to insure that historic resources are preserved for the public benefit.
The requirements that follow apply to all buildings which make use of the TDR program. The use of
the TDR for Historic Resources requires the demonstration and evidence that establishes the sound
physical condition of the sending resource; or that the rehabilitation treatments, if needed, will be
undertaken within a reasonable period, and that the owner (and subsequent owners) is covenanted to
maintain the property. Therefore, following the qualification of any eligible historic resource, the
applicant requesting the Certificate of Transfer shall provide the Planning Department with:
(1) An "Existing Conditions Report" prepared by a registered engineer or architect that at a minimum
records the data required by the Building Code upon periodic recertification; and which must include
an evaluation of the current condition of the:
a. Wall Construction
i. Masonry bearing walls
ii. Steel/Concrete Framing Systems
b. Roof Construction
c. Windows (noting those that are replacements, and those that appear to be originals)
d. Exterior Doors (noting those that are replacements and those that appear to be originals)
e. Exterior Balconies, if applicable
f. Decorative ornament (e.g. cast concrete medallions, pilasters, string courses, etc., as applicable)
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h. HVAC System
I. Plumbing
j, Electrical
k. Fire Protection/Life Safety Systems (if any)
I. Handicapped Accessibility
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(2) A "Maintenance Plan" will be submitted concurrently with the Existing Conditions Report and
shall list those items and/or systems that have been identified as deficient, deteriorated, or
non-existent, in the Existing Conditions Report. The Maintenance Plan will at a minimum provide
a. A prioritized schedule that identifies those elements in substandard condition, in need of
imminent repair/replacement, and a schedule for their repair.
b. A prioritized schedule for the correction of any other deficiencies identified in the Existing
Conditions Report.
c. A long-range plan that addresses the cyclical maintenance of the property.
g. Requirements for the issuance of TDRs for "non-contributing" properties within the Miami
Modern (MiMo)/Biscayne Boulevard Historic District.
1. "Non-contributing" properties.
The intent of the special incentives along Biscayne Boulevard is to provide capital for
improvements to buildings that may have fallen into disrepair, and thus contribute to the overall
appearance and stability of the boulevard as a whole. Therefore, following the qualification of a
non-contributing property as eligible for the TDR benefit, the owner/applicant shall provide the
Planning Department with:
a. An "Existing Conditions Report" as described in Section 23-6 (f)(1).
b. A "Maintenance Plan" as described in Section 23-6 (f)(2).
c. A special certificate of appropriateness application for the improvements to be made to the
structure, noting the improvements designed specifically to promote a harmonious relationship with
other structures within the boulevard historic district.
d. The special certificate of appropriateness will be processed in accordance with the provisions
contained in section 23-8 of this ordinance.
(10) Release of Certificate of Transfer
The Planning Director, or their designee, will prepare the Certificate of Transfer for the unused
development rights for historic resources so classified as automatically eligible as established by
Section 23-6 (1) or after the resource has been determined eligible under the terms of subsection
c). The Certificate of Transfer will be issued only after one of the following conditions has been
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a. An Existing Conditions Report and Long -Term Maintenance Report is on file with the Planning
Department, and that the results of the existing conditions report demonstrate that the resource is
in compliance with the building code, and is in no need of repairs;
b. An Existing Conditions Report and Long -Term Maintenance Report is on file with the Planning
Department, and the existing conditions report has identified deficiencies in the soundness of the
building, and the owner has:
1. Presented detailed plans to correct the deficiency(ies) to the Preservation Officer, with a
schedule identified with which to complete the repairs, not to exceed twelve (12) months from the
date the plans have been submitted;
That a bond (representing the value of the improvements necessary to correct the deficiencies)
has been posted with the city to be used in the event the owner defaults from their promise to
make the necessary repairs;
(11) Covenant (Sending Property)
The Planning Director, or their designee will prepare the Certificate of Transfer for the unused
development rights for historic resources so classified as automatically eligible as established by
Section 23-6(1) or after the resource has been determined eligible under the terms of subsection
(c). The Certificate of Transfer may only be issued following the applicant's fulfillment of the
requirements contained in subsections (9) (1) and (2), and following the filing of restrictive
covenant with the city, which covenant shall provide:
a. That the eligible historic resource will be maintained to a standard consistent with the Building
Departments' standards for "Forty (40) year recertification";
b. That the requirement for long-term maintenance will follow the title to the property through any
subsequent owners;
c. That the City of Miami will be advised of any change in property ownership
The original covenant will be maintained by the Planning Department, and a copy filed with the
Miami -Dade County Clerk of the Courts.
(11) Restrictions (Receiving Property)
a. The TDRs may only be used in areas of the city so designated as receiving sites, where an
increase in intensity from the underlying zoning district is allowed, specifically for the use of the
historic TDRs,
Sec. 23-7. Waivers for Locally Designated Historic Resources.
In an effort to promote and encourage the preservation and adaptive use of Ically designated
resources, so designated pursuant to the provisions of Section 23-4 of this article the HEPB may
grant certain waivers to the Zoning Code proided that it will result in the preservation of a locally
designated property.
1. Historic Preservation Waivers.
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The board may authorize certain waivers to the requirements of the underlying zoning district, to
the extent indicated herein,
a. Waivers concerning existing buildings
1. Any building that is individually locally desgnated or is classified as a contributing building within
a local historic district, as identified in the designation report, shall be permitted to be repaired,
restored, structurally altered or reconstructed notwithstanding any conflicts with provisions of the
underlying zoning district requirements pertaining to minimum lot size, setbacks, minimum lot
width, building footprint, green space off-street parking or loading requirements.
2. In cases where the configuration of a locally designated property, or a contributing property
within a locally designated historic district precludes reasonable and appropriate use of the
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 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 of 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 resource or
historic district.
(d) Special circumstances exist such as adjacencies or shared parking that will practically alleviate
concerns for off-street parking,
(e) The HEPB 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.
4. Signage
Historic signs shall be permitted to remain and to be repaired, restored, structurally altered,
reconstructed, or relocated utilizing the Certificate of Appropriateness process. Historic signs may
possess intrinsic importance, or acquire that importance as a result of their association with the
historic resource through which they have become associated.
In determining whether a sign qualifies as "historic", the HEPB shall consider whether it is:
(a) Associated with historic figures, events or places;
(b) Significant as evidence of the history of the product, business, or service advertised;
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(c) Significant as reflecting the history of the building or the development of the historic district. (A
sign may be the only evidence of a building's historic use);
(d) Characteristic of a specific historic period, such as gold leaf on glass, neon, or stainless steel
lettering;
(e) Integral to the building's design or physical fabric, as when a sign is a part of a storefront made
of Carrara glass or enamel panels, or when the name of the historic firm or the date are rendered
in stone, metal or tile, (in such cases, removal can cause damage to the materials, or affect the
integrity of the building's original design);
(f) Outstanding examples of the sign maker's art. Whether because of their excellent
craftsmanship, use of materials or design;
(g) Recognized as a local landmark, because of its prominence and popular recognition as a focal
point in the community;
(h) Assists in defining the character of a district, as for example marquees in theater districts, or
prominent neon signs associated with the proliferation of motels dependent upon the tourism
industry.
In conjunction with allowing the retention, restoration, rehabilitation, and/or reconstruction of a
historic sign, the HEPB shall make specific findings establishing how the subject sign meets these
established criteria.
a. Waivers concerning additions
Waivers for additions to existing buildings may also be authorized by the board when necessary to
assure the preservation of historic resources and historic districts, subject to the limitations
described in Section 23-7.
b. 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 exception or waiver and provide evidence that the exception or
waiver is necessary to assure the continued preservation of the designated historic structure.
c. 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.
d. Decision of the board.
The board shall make findings based upon the standards set forth in Section 23-8 of the Miami City
Code, as amended, 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.
e. Standards.
In addition to the guidelines and standards for issuing certificates of appropriateness as set forth in
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Section 23-8 of the Miami City Code, as amended, 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.
f. 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.
g. 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
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.
h. Requirements concerning time limitations.
Any certificate of appropriateness issued under this section shall be governed by the time
limitations stipulated in Section 23-8(g).
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 archaeological site or archaeological zone or within an archaeological
conservation area. All certificates of appropriateness and certificates to dig shall be subject to the
applicable criteria in subsection 23-8(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) Pre -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 pre -application 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
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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 23-5 7(c), the
preservation officer shall, within ten calendar days of receipt of the complete application, issue a
standard certificate of appropriateness, with or without conditions, indicating in writing conformity
with said guidelines. Following such approval, permits dependent upon it may be issued if
otherwise lawful. An applicant may request that the application be initially classified as a special
certificate of appropriateness if they wish to have the matter heard by the HEPB.
(4) Special certificates of appropriateness. Where the action proposed in an application involves a
major addition, alteration, relocation, or demolition, as specified by the rules of procedure of the
board; er-where the preservation officer finds that the action proposed in an application involving a
minor alteration is not clearly in accord with the guidelines as set forth in subsection 23-5 8(c); 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 applicant -may -arse -request -that his application be clasified-as-a-
special certificate of-appropriatencss.
a. Public hearing. VVhen 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 23-58(c), as well as the general purpose and intent of this chapter and any specific
design guidelines officially adopted for the particular historic cite 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 subsections 23-5(c)(2), (3), and (4), 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 23-5(c)(5).
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 of Miami, as amended.
6, Issuance of a written communication prepared by the Preservation Officer to the Director of the
Planning Department and the Zoning Administrator that sets out the exact parameters for their
waiver(s) from the provisions of the zoning code and the reasons wherefore.
(5) Accelerated Certificate of Appropriateness. When an applicant is proposing physical changes to
a resource that is simultaneously being considered for local historic designation, if the proposed
changes are of a substantial nature, the preservation officer shall follow the procedures specified
for a Special Certificate of Appropriateness. A hearing for an Accelerated Certificate of
Appropriateness will be preceded by the Preliminary Designation Report, in order to establish
whether the resource appears to meet the criteria for local historic designation,
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, and 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. However, should in the opinion of the 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.
d. Records. Written copies of all decisions and certificates of appropriateness shall be filed with
the planning and zoning department.
e. 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 as promptly as possible.
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 2-3-5 23-4(b) shall remain in effect
during the entire appeal process, unless stayed by a court of competent jurisdiction. The appeal
shall be a de novo hearing and the city commission may consider new evidence or materials in
accordance with §2004 of the Zoning Ordinance. Appeals shall be made directly to the Miami City
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Commission, within 15 calendar days after the date of the decision, and follow the procedures
described in Sections 23-8(e) or 23-4(7).
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. The board shall issue special certificates of appropriateness for conditional
uses, pursuant to the provisions of Article 7 of Ordinance No. 11000, the Zoning Ordinance of the
City of Miami, as amended.
(g) 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 cix 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)(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."
(2) Applications for Exceptions. An application for an exception 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.
(3) Applications for a Waiver. An application for a waiver(s) from the provisions of the zoning code
will be made on forms provided by the Planning Department, and will be processed and noticed in
accordance with the procedures for a Special Certificate of Appropriateness.
2)(4) Demolition of existing structures.
a. Decisions of the board to issue, deny or issue with a deferred effective date applications for
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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 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 apprepr-iatenc,o 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
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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, the applicant may be required to
relocate or replace identified landscape features.
(5)(7) Ground disturbing activity in archaeological zones, archaeological sites, or archaeological
conservation areas.
a. No certificate of-appr-epriateness to dig shall be issued for new construction, excavation, tree
removal, or any other ground disturbing activity until the city's arehhcologist staff has reviewed the
application, evaluated the scope and determined whether the matter should be brought to the
board for its review. and -made his roeommendation concerning the required scope-of-aioheelogical
work-. The staff or the board may require any or all of the following to be developed as an
archaeological plan:
1. Scientific excavation and evaluation of the site at the applicant's expense by an archaeologist
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
archaeologist 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
approved -by -tie-board.
2. An archeological survey at the applicant's expense conducted by an archeologist approved by
the board containing an assessment of the significance of the archeological site and an analysis of
the impact of the proposed activity on the archeological site.
3. Proposal for mitigation measures.
4. Protection or preservation of all or part of the archaeological site for green space, if the site
is of exceptional importance and such denial would not unreasonably restrict the primary use of
the property.
b. The board may issue a certificate of apprepriatencs& to dig with a delayed effective date of
up to 45 calendar days to allow any necessary site excavation or assessment.
0)}(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 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 maintenance of landscape
features.
(b) Enforcement of maintenance and repair provisions. When the board or preservation officer
determines that any designated property is endangred 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
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to have the sructure 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, provide that
only such work as is reasonably necessary to correct the emergency condition may be carried
out. The owner of structure damage 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. par
(2) Preservation board public hearing. The board shall conduct public hearing with notice as
set forth in subsection 2-3 5(()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(c) (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
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appropriateness issued pursuant to subsection 23-6(#){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.
(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 3. Article 7 of Ordinance No. 11000, as amended, of the Zoning Ordinance of the City
of Miami, Florida, entitled "HP Historic Preservation Overlay Districts" is hereby amended in the
following particulars: {1}
ARTICLE 7
HP HISTORIC PRESERVATION OVERLAY DISTRICTS
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,elaxing—Main
otherwise applicable zoning -regulations if the -standards, preeederes and conditions set forth in this
article are -met -allowing certain uses, when it can be demonstrated that the new use will result in a
significant preservation goal
Sec. 701. Application of district.
No application for an HP overlay district shall be accepted unless the historic site, building, or
contributing building within a 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 contributing buildings within 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 and
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
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rezoning of property as established in section 2214.1.
Sec. 702. Effect of district.
HP overlay districts shall have the effect of modifying uireme ts—regulations--and
procedures the permitted uses applying in within an existing zoning districts indicated in the official
zoning atlas, or zoning districts hereafter created and remaining after the HP overlay district is
superimposed, to the extent provided herein. All zoning requirements, regulations and -procedures,
permitted uses not specifically modified by the HP overlay shall remain in full force and effect.
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 City Code shall carry out
the duties as assigned by this article.
Sec. 704. Conditional uses and -deviations:
Conditional uses and -deviations 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 and-deviatiens permissible:
704.1.1. Conditional uses. Professional offices, tourist and guest homes, museums, restaurants and
private clubs or lodges may be permissible as conditional uses. Such uses shall be permissible only
within existing structures either individually designated or 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.
704.1.2. Deviations eencerning-historic structures. The -board may -vary -the provisions of article
Ne►neeaformitics, to -the extent indicated -herein: Any-struetu, „at contributes to thc historic character
of a historic -site or -historic -district, as -identified -in --the aforementioned designation -report, shall -be
permitted -to -be -repaired, restored structurally --altered, or recor uotedr-►notwitthstand+ng-aey-eenflict&
with -provisions of the -underlying zoning-district-per-taining--to-minimum lot size, setbacks, minimum lot
width; nnaximum-height; building--footprint;-green-space, offstreet parking -or -leading requirements. New
structures or -additions to -existing -structures -may -also --be authorized -by -the the board -when necessary -to
acottre-the preservation of -historic -sites and -historic districts. Historic signs shall be permitted to
remain -and -to be -repair -cell -restored, structurally -altered erreconstructed.
704.1.3. Deviations concerning additions and -new -building. to Gasec where thc configuration of an
HP district -precludes reasonable and appropriate -use of the -property within the utndef=lying-zeniang
district cnvelepe -a-deviation-of-up to twenty-R-O)-percent from the underlying zoning district
requirements-for-maxi+n um-heighti-buildinng foetpri4nt and green space -may -be -authorized -by -the
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704.1.4. Deviations concerning -offs reet-par{ting—tn ases-where-the size or configuration of an HP
district is such that compiiaRGe-with-offstreet-ppa g-requirements-wetrld destroy -the -historic character
ofthe-property; the-board-may-authorit e a -;eduction of -up -to -one --third (1/3) of the -number of parking
spaces that -would -ordinarily -lie required for-a-new-struotun— equivalent use and floor area. For
private clubs -or --lodges; up o-seventy-five-(75) percent of -the required off street parking spaces -may
be provided -by -valet -parking provided -that -an attendant shall remain on duty during business -hours
and that all -valet -activities shall -be conducted on-private-properfy-
704.2. Procedures for granting conditional uses and -deviations.
704.2.1. Application for a special certificate of appropriateness. An application for a special certificate
of appropriateness shall be submitted pursuant to the provisions of chapter 23 of the Miami City Code.
In addition, the application shall contain a written statement justifying the requested conditional use Or
deviation and providing provide evidence that the conditional use or --deviation 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 public 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 -deviation 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 restaurants,, private clubs, or lodges the minimum lot size shall be fifteen thousand (15,000)
square feet. For private clubs and restaurants, hours of operation shall not extend beyond eleven
o'clock (11:00) p.m.
4. For restaurants, the property shall be adjacent to a major boulevard and a parking plan shall be
required to be approved by the City Commission prior to the issuance of the approval for use.
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
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substantial -deviation, 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 or -deviation
is (aye} 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_shail_befia_e_d_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.
Sec. 705. Appeals.
Appeals of any decision of the board shall follow the same procedures as set forth in chapter 23 of the
Miami City Code.
*11
Section 4. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance 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 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 6. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
:P OVED AS TO FORM AND CORRECTNESS:
VICTORIA M NDEZ
CITY ATTORNEY
Footnotes:
City of Miami
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{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 (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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City of Miami
Legislation
Ordinance: 13008
City Hall
3500 Pan American
Drive
Miami, FL 331
www.miamigo ` om
File Number: 08-00146zt Final Action 1,r te:6/26/2008
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTEr 23 OF
THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENT LED
"HISTORIC PRESERVATION," BY ALLOWING THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD (HEPB) TO GRANT WAI
LOCALLY DESIGNATED HISTORIC RESOURCES; PROVIDING DE
ESTABLISHING PROVISIONS FOR: (1)"TRANSFER OF DEVELO
FOR HISTORIC RESOURCES;" A PROCESS WHEREBY OWNE
HISTORICALLY SIGNIFICANT PROPERTIES OR NON-CONT
PROPERTIES WITHIN THE DESIGNATED MIAMI MODERN
BOULEVARD HISTORIC DISTRICT MAY SELL BASE UNU
RIGHTS; (2)REQUIRING THE BENEFIT FROM SUCH T
FOR FUTURE IMPROVEMENTS AND MAINTENANCE
HISTORIC PROPERTIES; (3)CREATING AN ELIGIBI
HISTORIC RESOURCES WHEREBY THOSE PROP
DESIGNATED MAY QUALIFY FOR THE TRANSF
PROGRAM BEING ESTABLISHED; (4)ESTABLI
TO INSURE COMPLIANCE WITHIN THE TRA
PROCESS; (5)CREATING A TRACKING SY
PROCESS THAT LIMITS CAPACITIES FO
DEVELOPABLE TRANSFER RIGHTS SU
PROVISIONS OF THE ZONING ORDI
LOCALLY DESIGNATED HISTORIC
STANDARDS; AND (7)ESTABLISHI
THE NATIONAL REGISTER OF
AMENDING SECTIONS 23-1 T
MIAMI; FURTHER AMENDIN
ZONING ORDINANCE OF T
ENTITLED "HP HISTORIC
ADDRESSES "DEVIATI
PROVIDING FOR CE
INCORPORATED IN
AMENDED, AND T
APPROPRIATE
PROVIDING F
RS FOR
ITIONS AND
ENT RIGHTS
S OF
UTING
IMO")/BISCAYNE
D DEVELOPMENT
SFER TO BE USED
ORIGINATING
Y PROCESS FOR
TIES NOT YET LOCALLY
OF DEVELOPMENT RIGHTS
ING A MONITORING PROCESS
FER OF DEVELOPMENT RIGHTS
EM WITHIN THE BUILDING PERMIT
OWING THE SALE OF THE
JECT TO THE APPLICABLE
NCE; (6)ALLOWING WAIVERS FOR
SOURCES BASED ON CERTAIN
G PROCEDURES FOR NOMINATIONS TO
TORIC PLACES; MORE PARTICULARLY BY
OUGH 23-9 OF THE CODE OF THE CITY OF
RDINANCE NO. 11000, AS AMENDED, THE
CITY OF MIAMI, FLORIDA, TO AMEND ARTICLE 7,
RESERVATION OVERLAY DISTRICTS," THAT
S" CONCERNING HISTORIC STRUCTURES, AND
AIN PROVISIONS OF SAID ARTICLE ARE
E CODE OF THE CITY OF MIAMI, FLORIDA, AS
ADD RESTAURANTS AS A CONDITIONAL USE WITH
FEGUARDS; CONTAINING A SEVERABILITY CLAUSE; AND
AN EFFECTIVE DATE.
WHERE Ly,, the preservation of the City of Miami's (CITY) historic resources is a significant
goal in the City' < overall vision for its future; and
WH EAS, the increasing competition for land and the relative expense of maintaining
significan . resources in their historic condition has made historic preservation exceedingly difficult
financi- particularly when the land is zoned for high density use; and
WHEREAS, areas within the City exist where greater intensity may be desirable and these
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areas may be described as "receiving sites" for the purpose of the sale of transfers of develop r -nt
rights ("TDRs"), and
WHEREAS, historic resources exist within the City that have not yet been torically
designated, but would be eligible for designation, and thus for the incentive offered by a ransfer of
Development Rights incentive; and
WHEREAS, certain provisions of Ordinance 11000, the Zoning Ordinance of e City of Miami,
with respect to open space, off-street parking, minimum lot size, signage and/or Io.,• ing requirements
prevent a historic resource from strict compliance, and sometimes precludes viabl< use; and
WHEREAS, as a Certified Local Government, recognized by th :` Division of Historical
Resources, Florida Department of State, the City of Miami is required to , -view nominations to the
National Register of Historic Places; and
WHEREAS, it has been identified that certain provisions of Ore ance No. 11000, of the Zoning
Ordinance of the City of Miami, Florida, as amended, relating t• istoric Preservation should be
removed from the Zoning Ordinance and incorporated into Chap. r 23 of the City Code for ease of
use; and
NOW, THEREFORE, BE IT ORDAINED BY THE ; MMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in th' ,• Section.
Section 2. Chapter 23 of the Code of the ity of Miami, Florida, as amended, entitled "Historic
Preservation" is hereby amended in the followin•'particulars {1}
Chapter 23
HI ORIC PRESERVATION
ARTI E I. HISTORIC PRESERVATION
Sec. 23-1. Intent and purpos
(a) The intent of this char`'er is to preserve and protect the heritage of the City through the
identification, evaluation, -habilitation, adaptive use, restoration, and public awareness of Miami's
historic, architectural, ar' archaeological resources. This chapter is further intended to:
(1) Effect and acc<>" plish the protection, enhancement, perpetuation, and use of structures,
landscape featur:., archaeological and pale ontological resources, areas, neighborhoods, and
scenic vistas wc'"ch represent distinctive elements of the City's historic, cultural, archaeological,
pale ontologic aesthetic, and architectural heritage.
(2) Foster --°vic pride in the accomplishments of the past.
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(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 there, ' serve
as a support and stimulus to the economy.
(6) Promote the use of historic sites resources, historic districts, and archaeolo•J al 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 desi•, sting those properties
that have major significance in the City's historic, cultural, archa-, ogical, paleontological,
aesthetic, and architectural heritage.
(2) Provide a mechanism whereby the HEPB may, in the interes '.f historic preservation, waive
certain zoning requirements pertaining to minimum lot size, setb s, minimum lot widths, building
footprint, green space, off-street parking and/or loading require ►r ents, for those existing structures
deemed individually significant, or "contributing" within a desi•r ated historic district.
(3) Provide a mechanism whereby the HEPB may, in th- nterests of historic preservation, waive
up to 20% of the underlying _.zoning _distr_ict—r_equiremen t forbuildingfootprint-or- green _space_for
either an addition to an existing locally -designated h toric resource, or a "contributing" building
within a historic district.
(4) Provide a mechanism whereby the HEPB y, in the interests of historic preservation, allow
signage which has been deemed "historic" o remain, and be repaired, restored, relocated,
structurally altered, or reconstructed.
(5) Provide an incentive for historic reso,J'rces, and those deemed "eligible" by the City of Miami
HEPB for historic designation, known a 'Transfer of Development Rights for Historic Resources."
(6) Establish minimum standards {s' qualify eligible resources, that while not yet officially locally
designated under the provisions •:F this chapter, qualify as eligible for listing and thereby may apply
for Transfer of Development ''•hts, provided that the resource is formally Listed in the Miami
Register of Historic Places wi r' n one year from the date of the HEPB's review of the application.
(7) Establish procedures r the review of nominations to the National Register of Historic Places
as governed by the req ements of the Florida Division of Historical Resources.
(2)0j Assure that terations and new construction within designated historic sites, historic
districts, and arch..'ological zones are compatible with the property's historic character.
(c) Pursuant to ection 16A-3(2)(c) of the Code of Miami -Dade County, Florida, the City expressly
reserves and etains jurisdiction over archaeological zones and sites within the City.
Sec. 23- Definitions.
ity of Miami
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The following definitions shall apply only to this chapter; undefined terms shall be defined as se,,
forth in the National Historic Preservation Act of 1966, as amended, or as commonly used:
Accelerated Certificate of Appropriateness. A review of proposed physical changes to a toric
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 ich 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 + etting by additions,
reconstruction, remodeling, or maintenance involving change in color, f•, , texture, signs, or
materials, or any such changes in appearance of designated interiors.
Applicant. The owner of record of a property and/or structures I•, ated thereon, or his their
authorized representative.
Application, complete. An application for approval sought pursuto this chapter shall be deemed
complete if it is on a form approved by the City and all appli ,.ale information is provided by the
applicant on the form, or attachment(s), as applicable or ne ssary, at the time of its filing and all
required fees are paid.
Archaeological conservation area. A geographicall,defined area delineated in the Miami
comprehensive neighborhood plan on the future land ,ise plan map series entitled "Historic District
Boundaries and Historically Significant Properties eriting Protection" where the probability of
sub -surface artifacts is considered likely.
Archaeological site. A single specific location ` hich has yielded or is likely to yield information on
local history, prehistory, or paleontology, arwhich has been designated as such through the
provisions of this chapter. Archaeological . `es may be found within archaeological zones, historic
sites, or historic districts.
Archaeological zone. A geographic
information on local history, prehi
settlement patterns, and which
chapter.
y defined area which may reasonably be expected to yield
ry, or paleontology based upon broad prehistoric or historic
as been designated as such through the provisions of this
Certificate of Appropriaten_s. A written document, issued pursuant to this chapter, permitting
specified alterations, de ►,•litions, , or other work; or to allow certain
waivers from the criteria et forth in the Zoning Ordinance and this Chapter.
Certificate of Approv: I. A written document permitting tree removal or development activity within
those areas ide fied and established as environmental preservation districts or scenic
transportation cor'idors.
Certificate of ransfer. A written document issued by the Planning Director to the eligible historic
resource (s ding site), stipulating the amount of area available for transfer.
Certific., e to Dig. A written document permitting certain ground disturbing activities, such as filling,
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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 archaeologic.:
site or zone.
Certified local government. A government satisfying the requirements of the U.S. National toric
Preservation Act amendments of 1980 (Public Law 96-515) and the implementing of a.licable
regulations of the Department of the Interior and the State of Florida.
Contributing structure/landscape feature. A structure or which by location, d-.ign, setting,
materials, workmanship, feeling, and association adds to the cense of time and plan and historical
development of a historic site or historic district.
Contributing resource/landscape feature. A building, landscape feature, si structure or .object
that adds to the historical architectural qualities, historic associations, or a aeological values for
which a district is significant because: it was present during the period of .: nificance of the district,
and possesses historic integrity, reflecting its character at that time; • ' it is capable of providing
important information about the period; or it independently meets the ` ational Register of Historic
Places criteria for evaluation set forth in 36 CFR Part 60.4 which deemed as being expressly
incorporated by reference in this chapter.
Demolition. The complete destruction of a structure, or any pthereof.
Designated property; designated historic site de r•noted historic district; designated
orchacological zone A histor_ic-sitc histor_i.c-district,-or , r'- hacoFog -ical-zone-d.esig:nated-pur-s- u- ant. -to
cithcr this chapter or article 16 of Ordinance No. 950R, the previous zoning ordinance of the city,
Eligible Historic Resource. A term used to des ,ar'•e archaeological sites and individual buildings,
which have not yet been locally designated u per the provisions of Chapter 23, but have met the
eligibility criteria, and been certified by the Hr`'B as having met that criteria, so that they may take
advantage of the Transfer of Developmen ;. eights program, providing that their owners commit to
the official local designation within a riod of one year from the Board's approval of the
determination of eligibility.
Environmental Preservation District 'Geographical areas, parcels or corridors, which have been or
may be identified in the future, es r=:fished by the City Commission as significant natural or artificial
attributes in need of preservati and control because of their educational, economic, ecological
and environmental importanc to the welfare of the general public and the City as a whole, and
identified in the Official Atl of Environmental Preservation Districts and Scenic Transportation
Corridors.
Existing Conditions R=,i ort. A report prepared by a registered architect or engineer that describes
the current general ,('ondition of an eligible historic resource that is applying for a Certificate of
Transfer.
Florida Master Site File (FMSF). The List, or catalog, maintained by the Division of Historical
Resources, •'' those recorded historical and archaeological sites and properties in the State of
Florida, us Ily the result of a systematic survey.
Groun
sturbing activity. Any excavation, filling, digging, removal of trees, or any other activity
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that may alter or reveal an interred archaeological or pale ontological site.
Enactment Number: 13008
Historic district. A geographically defined area possessing a significant concentration, linkage,
continuity of sites or structures united historically or aesthetically by •plan or physical developm
Historic and environmental preservation atlas. The Official Historic and Environmental Pre , rvation
Atlas of the City, as amended, which shows all designated historic sites, historic dis cts, and
archaeological zones.
Historic Preservation Waiver: A difference from what is required under the u erlyinq zoning
district provisions and what may be allowed when used to promote historic preser,'ation.
Historic resource. An overarching term used to describe the various cateqor ', of properties which
have demonstrated significance in the history of the City, the county, the ,..ate and/or the nation.
These properties include landscape features, archaeological sites and z. es, structures, buildings,
districts, and objects.
Historic sign. A sign that has demonstrated artistic, historic, cul.,'al, and/or aesthetic value, as
determined by resolution of the HEPB.
Historic site. A geographically defined area containing a ctr Lure or site, or a historically related
complex of structures or sites, which has a special charyctcr or a special historic or aesthetic
interest or value as part of the heritage of the city. The 1 F'`ation of a significant event, a prehistoric
or historic occupation or activity, or a structure, wheth (standing, ruined, ruined or vanished, or a
vanished structure, where the location itself posse es historic, cultural, archeological, or pale
ontological value. regardless of the value of any isting structure. The location of a significant
event, a prehistoric or historic occupation or ac ity, or a vanished structure, where the location
itself possesses historic, cultural, archaeologic.. , or pale ontological value.
Infill. New construction that has been desi• `ed and built to replace missing structures or otherwise
fill gaps in the streetscape of a historic dig; ' ict.
Interim protection measure. The i . arim period of time needed to protect a property building,
structure, object and/or landsca feature from demolition, relocation, alteration, or new
construction until such period of ; e provided by law passes for the property to be considered for
designation as a historic site, h. oric district, or archaeological zone.
Landscape feature. Vege ion, geological features, ground elevation, bodies of water or other
natural or environmental s'atures.
Locally Designated Historic Resource. Any archaeological site or zone; individual building;
structure, object, I- r escape feature, or historic district that has been approved for designation by
the City of Miami' -IEPB, as prescribed by the provisions of this chapter, and shown in the Historic
and Environme al Preservation Atlas.
MaintenancPlan. A written document submitted by the owner of an eligible historic resource for
the Trans r of Development Riqhts program, that identifies any existing deficiencies in the building
along w; a remediation plan for the short term, and which further identifies a plan for the cyclical
maint ance of the building for the lonq term.
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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 HEPB, pursuant to the provisions o
this chapter.
National Register of Historic Places. The list of historic properties significant in American tory,
architecture, archaeology, engineering and culture, maintained by the Secretary of the Innor, as
established by the National Historic Preservation Act of 1966, as amended.
Non -Contributing Resource. A building, landscape feature, object, structure, or chaeological
resource that does not add to the historic architectural qualities, historic sociations, or
archaeological values for which a district is significant because it was not presen;.uring the period
of significance of the district; due to alterations, disturbances, additions or .' er changes, it no
longer possesses historic integrity reflecting its character at that time, or i , ncapable of yielding
important information about the period; or does not independently meet ;re National Register of
Historic Places criteria for evaluation.
Ordinary maintenance or repair. Any work, the purpose and effe of which is to correct any
deterioration or decay of a structure or landscape feature, or any >'art thereof, by restoring it, as
nearly as may be practicable, to its condition prior to such deteri» ation or decay, using the same
materials or those materials available which are as close as pos3``ale to the original.
Preservation. The act or process of applying measures to stain the existing form, integrity, and
material of a building or structure. It may include initi. stabilization work as well as ongoing
maintenance -of the_historiclauildinq.
Receiving Site. A parcel or parcels that have in rased their development rights through the
purchase and application of a Historic TDR purch
Reconstruction. The act or process of reprod inq by new construction the exact form and detail
of a vanished structure as it appeared at a s•, =cific period of time.
Rehabilitation. The act or process of r-,'urning a property to a state of utility through repair or
alteration which makes possible an ef=, 'ient contemporary use while preserving those portions or
features of the property which are si•.r'ficant to its historical, architectural, and cultural values.
Relocation. Any change of the lotion of a structure in its present setting or to another setting.
Restoration. The act or proc=As of accurately recovering the form and details of a property and its
setting as it appeared at a • - rticular period of time by means of the removal of later work or by the
replacement of missing e ``ierwork.
Scenic Transportatio Corridor. Those roadways that have been identified as having a unique
landscape charact " 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.
Sending Prop y::
The qualifying historic resource that is selling its unused base development
rights to the ceivinq site.
Site. T location of a significant event, a prehistoric or historic occupation or activity, or a
structuea •, whether standing, ruined, or vanished, where the location itself possesses historic,
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Structure. Anything constructed or erected, the use of which requires a fixed location on t
ground or attachment to something having fixed location on the ground.
Transfer of Development Rights (TDR) for Historic Resources. The sale of the /used
development rights to another party upon a binding written commitment that resu a in the
restoration, rehabilitation and/or preservation of the historic resource for the public ben-.
Unreasonable or undue economic hardship. An onerous and excessive financ'I burden that
destroys reasonable and beneficial use of property and that would amount to the ing of property
without just compensation, or failure to achieve a reasonable economic ret,e n in the case of
income -producing properties.
Sec. 23-3. Historic and environmental preservation board; preservati • ' officer.
The Historic and Environmental Preservation Board_� "board") io (hereinafter referr to as the.and the
preservation officer, as established pursuant to sections 62-186 and %r-191 of the City Code, as
amended, shall carry out the duties as assigned by this chapter an .other applicable laws.
Sec. 23-4.Designation of historic sites resources, histori "districts, and archaeological
sites and zones.
(a) Criteria for designation. Properties may be design red as historic ekes, resources, historic
districts, or archaeological sites and zones only if Bey have significance in the historical,
cultural, archaeological, paleontological, aesthetic, architectural heritage of the city, state, or
nation; possess integrity of design, setting, mat:r als, workmanship, feeling, and association;
and meet one or more of the following criteria:
(1) Are associated in a significant way with t life of a person important in the past;
(2) Are the site of a historic event wit ignificant effect upon the community, city, state, or
nation;
(3) Exemplify the historical, cultura
political, economical, or social trends of the community;
(4) Portray the environment i an era of historycharacterized byone or more distinctive
.�
architectural styles;
(5) Embody those disting� shing characteristics of an architectural style, or period, or method
of construction;
(6) Are an outstandi %. work of a prominent designer or builder;
(7) Contain ele Ants of design, detail, materials, or craftsmanship of outstanding quality or
which represe /a significant innovation or adaptation to the South Florida environment; or
(8) Have yi; .ed, or may be likely to yield, information important in prehistory or history.
b. Crite r a Exceptions. Ordinarily cemeteries, birth places, or graves of historical figures,
propel es owned by religious institutions or used for religious purposes, structures that have
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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 Place
However, such properties will qualify for designation if they are integral parts of districts tha., o
meet the criteria, or if they fall within the following categories:
(1) A building or structure that has been removed from its original location but is •nificant
primarily for architectural value, or is the surviving structure most importantly associ,. ed with a
historic person or event; or
(2) A birthplace or grave of a local historical figure of outstanding importance no appropriate
site or building exists directly associated with his or her productive life; or
(3) A cemetery that derives its primary significance from graves of pp `sons of outstanding
importance, from age, from distinctive design features, or from associon with historic events;
or
(4) A reconstructed building when accurately executed in a suita�b' environment and presented
appropriately as part of a restoration master plan and no oth 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 st fifty (50) years if it is exceptionally
important; or
(7) A religious property deriving primary significance from architectural or artistic distinction or
historical importance.
(b)(c) Procedures for designation. Prorties which meet the criteria set forth in subsection
23-4(a) may be designated as histori/sites resources, historic districts, and archaeological
sites and zones according to the folio ng procedures:
(1) Proposals and preliminary ev. 'uation. Proposals for designation may be made to the board
by any one of its members ,°' he mayor, the city commission, the planning and zoning
department, any other city partment, agency, or board, the Miami Dade County historic
preservation board, or an interested citizen, organization, -agency, association, board, or
business entity, The boa shall conduct a preliminary evaluation of the data provided in the
proposal for conformanwith criteria set forth in subsection 23-4(a); and shall, if appropriate,
direct the planning a zoning department to prepare a designation report. The board may
require the party ini 'sting such proposal to provide any necessary documentation, and to pay
any applicable fee/
a. Notification," At least ten days prior to the meeting at which the board will consider the
preliminary : aluation, the owner of property or his designated agent or attorney on file with the
city, if any hich is the subject of said proposal for designation shall be notified by certified
mail of t board's intent to consider the preliminary evaluation of the property. Should the
applic.rc� be a person other than the property owner or designated agent or attorney on file with
the c , the applicant shall be notified and the owner of record of the subject property shall be
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b. Interim protection measures. From the date said notice of the preliminary evaluatio 'is
mailed, no building permit for any new construction, alteration, relocation, or demoiitio that
may affect the property proposed for designation shall be issued until one of the f91owing
occurs:
1. The board finds that the property does not appear to meet the criteria for de nation and
votes not to direct the planning and zoning department to prepare a desig ton report in
accordance with subsection 23-4(b)(1); or
2. The board approves or denies the designation in accordance with sub =ction 23-4(b)(3), or
120 days have elapsed, whichever shall occur first, unless this time , i it 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 certificat: of appropriateness prior to
final action on the designation by the board, and such certificat of appropriateness has been
issued in accordance with the provisions of section 23-8. Th- preservation office shall place
said application for a certificate of appropriateness on the nw' t available agenda of the board.
Any owner who carries out or causes to be carried out an a ork without the required certificate
of appropriateness shall be subject to the provisions of s ,.section 23 6(f).23-8 (f).
(2) Preparation of designation report. For every proed historic site resource, historic district,
and archaeological zone, the planning and zoning -partmentshall prepare a designation report
containing the following information:
a. Designation report. The designation report %all containa statement of the historic, architectural,
and/or archaeological significance of the pro•.sed historic siteT resource, historic district, or
archaeological site or zone; the criteria upo which the designation is based; a physical description of
the property; an identification of contribut. "gig structures and/or landscape features; present trends and
conditions; and incentives to encourag: :reservation, rehabilitation, or adaptive use.
b. Boundaries. The designatio report shall include a map or maps indicating proposed
boundaries. Boundaries for hist.;o c sites resources shall generally include the entire property or
tract of land, unless such tr. / is so large that portions thereof are visually and functionally
unrelated to any contributin• tructure or landscape feature. Historic district boundaries shall in
general be drawn to Inclu'�`'4 all contributing structures reasonably contiguous within an area and
may include properties w/ch individually do not contribute to the historic character of the district,
but which require regul"ion in order to control potentially adverse influences on the character and
integrity of the dist�tt. Archaeological zone boundaries shall generally conform to natural
physiographic feat -s which were the focal points for prehistoric and historic activities or may be
drawn along prop `' y lines, streets, or geographic features to facilitate efficient management.
c. Interiors. I n 'erior spaces that have exceptional architectural, artistic, or historic importance and
that are re r"` larly open to the public may be subject to regulation under this chapter. The
designati. ' report shall describe precisely those features subject to review and shall set forth
standar, and guidelines for such regulations. Interior spaces not so described shall not be subject
to rev! under this chapter.
(3 otice and public hearing. The board shall conduct a public hearing to determine whether the
oposed historic site -resource, historic district, archaeological site or zone meets the criteria set
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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 publi
hearings on designations conducted by the board, except as provided in subsection 23-4(b)(1'?
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 subje of such
designation shall be notified by mail at least thirty (30) fifteen (15) days prior to ,tfie board's
meeting and ten days prior to subsequent administrative appellate hearings. Th (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 ast ten days prior to
the hearing.
c. Signs shall be posted pursuant to subsection 62-129(2)a, as amende;'of this Code.
d. Notice of the time and place of the public hearing by the board, o ity Commission, as the case
may be, shall be sent at least ten days in advance of the hearing l y mail to all owners of property
within 500 feet of the property lines of the land for which the )fearing is required. The applicant
shall be charged the appropriate fee as set forth in secti n 6 156 f„r +he mailing established for
this purpose.
e-Forthe-purpose-of this -chapter, the -names and -add r es -of property owners -shall -be -deemed
those appearing on the latest tax rolls of Miami -Dade, ounty. The preservation officer, or his/her
designee, shall certify at the time of the public heari that notice as herein required was given to
the persons as named and with addresses show on his certification by the placing in the mail
system of the United States on the date certifie he herein required notice, the certification shall
be conclusive of the giving of such notice; in th case of condominiums, notice will be sent solely to
the condominium association. No action take by the board, or the City Commission, as the case
may be, shall be voided by the failure of an, ' dividual property owner or property owners to receive
notice pursuant to this chapter.
(4) Historic and environmental pr: servation atlas. Historic sites, historic districts, and
archaeological zones designated p ; 'suant to section 23-4 shall be shown in the "Official Historic
and Environmental Preservation A' as of the City of Miami, Florida," as amended.
(5) Electronic Building Recor... Following the designation of a resource, the historic preservation
officer shall note the grope '� _as a historic _resource in the City. of _Miami's building department
records.
(6) Notifications. Folly' inq the designation of a resource, the historic preservation officer shall
notify the following p W` ies with a copy of the resolution:
a. The owner(s)
b. The Miami
record.
ade County Clerk of the Courts.
{-5-) Apt -als. The property owner, any one member of the City Commission, the planning and
zoning 0 - partment, or any aggrieved party may appeal to the City Commission any decision of the
boar ,:/: n matters relating to designations by filing within 15 calendar days after the date of the
dec'ion a written notice of appeal with the hearing boards department, with a copy to the preservation
ty of Miami
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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 ma's d
notice required pursuant to subsection 23-4(b)(3). The city commission shall hear and consider a
facts material to the appeal and render a decision as promptly as possible. The City Commissi. / may
affirm, modify, or reverse the board's decision. Any decision to reverse the board's decision selI
require a three -fifths vote of all members of the City Commission. Appeals from decisions (he City
Commission may be made to the courts as provided by the Florida Rules of Appellate Pr•,edure. 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. The appeal shall be a de novo hearing anhe city
commission may consider new evidence or materials in accordance with §2004 of t/Zoning
Ordinance. Appeals shall be made directly to the Miami City Commission, within�> calendar days
after the date of the decision, and follow the procedures described in Sections ,1-8(e) or 23-4(7).
{6)] Amendments. The board may amend any designation by follow the same procedures
as set forth in this section. The board may likewise rescind any desnation if the structure or
feature of principal historic significance has been demolished or destr.'ed.
(c)fsjI Effect of designation. Upon designation, and thereafter, th/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 governmen'rogram. As part of the duties under the
certified local government program, the HEPB shq receive all nominations to the National
Register of Historic Places for any properties lo
regulations of the Florida Division of Historical Res
(b) Notice requirements. The HEPB shall qiv
(30) days but not more than seventy-five (75,
at which the nomination will be considered
from the City Commission and the Mia
property should be nominated to the
to the HEPB within thirty. (30) days.
(c) Owner notification and requir
ed within the City of Miami, following the
rces.
notice to the owners of the property at least thirty
days prior to the historic preservation board meeting
he HEPB shall also obtain a written recommendation
i-Dade Board of County Commissioners whether each
N t`ional Register, and these recommendations shall be given
ents for comment. The HEPB shall obtain comments from the
public that shall be included in ' e report making a recommendation. Objections to being listed in
the National Register by prop, y owners must be notarized and filed with the historic preservation
office.- Within thirty (30) d,; s after its meeting, the HEPB shall forward to the state historic
preservation officer its a on on the nomination and the recommendations of the local officials.
Appropriate local officia�,; the owner and the applicant shall be notified of the HEPB 's actions.
(d) Referral to the F rida State Historic Preservation Officer. The state historic preservation officer
will take further stf,. •s on the nomination in accordance with federal and state regulations. If either
the HEPB or lo
will schedule tp
officials, or both, support the nomination, the state historic preservation officer
nomination for consideration by the state review board for the National Register at
its next regu r meeting. If both the HEPB and the local officials recommend that a property not be
nominated,/ the National Register, the state historic preservation officer will take no further action
on the n•r' ination unless an appeal is filed with the state historic preservation officer.
Sec. 3-6. Transfer of Development Rights for Historic Resources; Provision for a
De,u' rmination of Eligibility Process, and Special Provisions for Resources within the Miami
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Modern (MiMo)/Biscayne Boulevard Historic District.
It is the intent of this section to encourage the preservation of historic resources by creatina
process whereby the otherwise unusable development rights for historic resources m. be
converted into an asset that may be sold to a receiving_ site, where a greater intensity is c/rently
allowed. Owners of eligible properties shall be issued a "Certificate of Eligibility" (lowing
confirmation that the property meets the criteria established in Section 23-6 (a) oas been
determined eligible under the process described in Section 23-6 (c) of this Code.
Enactment Number: 1300
(a) Eligible Properties (Sending Sites).
(1) Under the TDR provisions described in this section, a property owner is au matically eligible to
apply to sell their unused development rights if the property is classified ' one or more of the
following:
a. Individually listed in the National Register of Historic Places;
b. Listed as a contributing property within a National Register distri
c. Individually listed in the Miami Register of Historic Places un f=r the provisions of Section 23-4 of
the Miami City Code;
d. Listed as a contributing property within a local historian district under the provisions of Section
23 4-ef the Miami C ty Code;
e. Qualified as an "eligible historic resource," after '.vinq met the criteria for eligibility set forth in
sub -section (c) below, and so determined by the PB.
f. Otherwise qualifies as a historic resource, bthat has lost its historic integrity because of major
alterations and/or additions; provided that it ;fin be shown to the HEPB that:
1. The building's original appearance ca
2. The owner applies for and receives
to be taken to restore the original ap
3. The owner substantially compl
Transfer of Development Rights =°s
e documented;
Special Certificate of Appropriateness, detailing the steps
arance of the building;
es the proposed restoration activity before an application for
ubmitted.
(2) A contributing or non-ctributinq resource contained within the boundaries of the Miami
Modern (MiMo)/Biscayne ulevard Historic District shall be eligible for the TDR incentive as
further described in Secti '` 23-6 (3)(b).
(b) Miami Modern (Mi, �o)/Biscayne Boulevard Historic District.
On June 6, 2006 ,s°e HEPB designated that portion of Biscayne Boulevard from NE 50th Street on
the South to N r'` 7th Street on the north, as a historic district. Historically, Biscayne Boulevard
was a premix: °" shopping destination, and later the principal corridor leading tourists to the
spectacular "tractions in the Miami area.
As the o/Biscayne Boulevard Historic District is the only overwhelmingly commercial historic
district/ the city that has been listed in the Miami Register of Historic Places, it is deemed
desers'°inq of special considerations not applicable to the residential historic districts.
City of Miami
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Over the years, inappropriate infill construction changed the character of Biscayne Boulevard,
resulting in a less -than -cohesive character. It is the desire of the City of Miami to encourage ne
construction and improvements or remodelings to existing structures so that they either retur�/`o
the classic types prevalent during the historic periods of significance, or represent an improveent
that maintains the high standards of appearance for the entire historic district, as determi/-d by
the HEPB.
Further, the TDR incentive shall be available to the structures fudged as non-contri�a"ing only in
the MiMo/Biscayne Boulevard Historic District. The incentive for non-contributi •buildings is
intended to promote reinvestments within the overall area encompassed by th .✓historic district
leading to its betterment.
(1) Standards for the Improvements to Non -Contributing Structures. W/ n improvements to
non-contributing buildings are made, the following guidelines shall be impl ented:
a. Use of building materials commonly found in the construction of 'e "contributing" structures
within the historic district;
b. Installation of signage that is in keeping with the periods •�,'�'significance represented in the
district (1924-1956);
c. Architectural design that complements the historic buildi ,,�� types and vocabulary which include:
i. Mediterranean Revival
ii. Art Moderne
iii. Art Deco
iv. Miami Modern (MiMo)
v. South Florida Regional Vernacular
e.q. a style or type of building that represents the local or indigenous adaptations of design
resultant from the climate, traditions, and ailable building materials in the region.
Nothing in these standards shall be cstrued to encourage a false sense of historical appearance.
Replications or reconstructions sh•)' be permitted only as specifically allowed by the HEPB, and
under the provisions of Section 23/. (1)(f).
(c) Qualification as an Eligible/ istoric Resource: Requirements and Certification Process.
A property may be determ' Pied eligible for local historic designation in order receive a "Certificate of
Eligibility," and therefor°-' take advantage of the Transfer of Development Rights provisions,
provided that the build q meets certain eligibility criteria; and that a formal application for local
historic designation 'a' submitted to the Planning Department within one (1) year from the date the
eligibility application is approved by the historic and environmental preservation board.
1, Criteria for w.rgibility. In general, the resource must be at least fifty (50) years old and maintain
its physical i =grity so that it sufficiently conveys its original character; possess integrity of design,
setting, m.�=rial, workmanship, feeling and association, and meet at least one of the following
criteria:
a. is ,.sociated in a significant way with the life of a person important in the past;
b 's the land or location of a historic event with significant effect upon the community, city, state, or
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nation;
c. exemplifies the historical, cultural, political, economical, or social trends of the community;
d. portrays the environment in an era of history characterized by one or more disti tive
architectural styles;
e. embodies the distinguishing characteristics of an architectural style, or period, or, ethod of
construction;
f. is an outstanding work of a prominent designer or builder; and
q. contains elements of design, detail, materials, or craftsmanship of outstanding quality or which
represents a significant innovation or adaptation to the South Florida enviro rfient.
2. Application Process and Documentation Required to Qualify as an "Eljble Historic Resource"
Applications for a determination of eligibility in connection with the T nsfer of Development Rights
program will contain the information required within a local i toric designation report, and
sufficient supporting documentation to enable the HEPB to make a valid conclusion. The
application will include:
a. photographs of all elevations illustrating the existing coni`Eons;
b. most recently available copy of the Miami -Dade Coun4 y Assessor's office
c. affidavit for Proof of Ownership;
record for the property;
d. written description of the property, noting arctectural style, building materials, roof shapes, and
ornament, as applicable;,
e. written description of the changes to th ; property that have occurred over time, as applicable;
f. results of Miami City Directory se; ch to identify original resident/business establishment, as
applicable;
q. bibliography of historical recors used in the research, as applicable;
h. written evaluation of the oper r�ty's significance using the criteria established in Section 23-4(a)
(1-8);
i. other information as . emed necessary by the Planning Director; and
j. any fees specifier or this purpose.
3. Review foreCertification of an Eligible Historic Resource. Once the application for a
Determination of Eligibility has been deemed complete, the Preservation Officer shall schedule the
application fore the next regularly scheduled meeting of the HEPB. At least ten (10) days prior
to the m-,' Ling at which the application will be heard, the owner or their designated agent or
represer `ative, shall be notified of the Board's intent to consider the application.
Ind its decision as to whether to certify the resource, the Board shall consider:
ty of Miami
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a. whether the resource is of such interest or quality that it meets one or more of the cnteri,.;"
established by Section 23-4 (a)(1-8);
b. whether the resource maintains its physical integrity, or whether it has been altered to ,w` ch a
degree that it no longer conveys the qualities for which it was deemed historically significa
c. whether the preservation of the resource will promote the general welfare of the city
an opportunity for the study of local history, architecture and design, or develop an
of the importance and value of a particular culture and heritage;
d. whether or not the resource is one of the last remaining examples of its kinin the city, region,
or state.
y providing
derstandinq
4. Should the HEPB find that the proposed resource meets the criteria and considerations to be
deemed an eligible historic resource; within thirty (30) days of that ,recision, a "Certificate of
Eligibility" will be prepared by the Historic Preservation Officer, and "ailed (via certified mail) to
the Applicant.
5. Appeals from the Decision of the HEPB. The property ow;'er, any one member of the City
Commission, the planning ate„ ning. department, or any aggrieved party may appeal to the City
Commission any decision of the board on matters relati ztr to designations by filing within 15
calendar days after the date of the decision a written n ice of appeal with the hearing boards
department, with a copy to the preservation officer. Suc, notice of appeal shall set forth concisely
the decision appealed from and the reasons or qro ds for the appeal. Each appeal shall be
accompanied by a fee of $500.00, plus $3.50 per iled notice required pursuant to subsection
23-4(b)(3). The city commission shall hear and core ider all facts material to the appeal and render
a decision as promptly as possible. The City t ommission may affirm, modify, or reverse the
board's decision. Any decision to reverse the b rd's decision shall require a three -fifths vote of all
members of the City Commission. Appeals frdecisions of the City Commission may be made to
the courts as provided by the Florida Rulesf Appellate Procedure. The provisions of section 2-3-5
23-4(b) shall remain in effect during th ' entire appeal process, unless stayed by a court of
competent jurisdiction. The appeal shl be a de novo hearing and the city commission may
consider new evidence or materials i accordance with §2004 of the Zoning Ordinance. Appeals
shall be made directly to the Miami ity Commission, within 15 calendar days after the date of the
decision, and follow the procedur described in Sections 23-8(e) or 23-4(7).
6. Requirement for Local Histgp c Designation, "Eligible Historic Resources."
a. A resource classified a an "Eligible Historic Resource" may apply for a Certificate of Transfer
following the determinate of eligibility.
b. Should the applic t apply for and receive a Certificate of Eligibility the eligible historic resource
will be required to , e locally designated through the formal process described in this chapter,
within one (1)ye., following the HEPB 's determination.
7. Conditions , nd Safeguards: "Eligible Historic Resources"
a. Upon t determination of eligibility by the HEPB, the owner shall be subject to the restrictions
concer q the requirement for the issuance of a Certificate of Appropriateness for changes made
to theuilding. The owner is prohibited from demolishing a structure deemed an eligible historic
res.,frce, until such time as an application for a Special Certificate of Appropriateness for
ity of Miami
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demolition under the process contained in Section 23-8 (4) is adjudicated by the HEPB.
[Enter Text Here]
b. The "Certificate of Eligibility" will expire within one (1) year from the HEPB's determinatio
which time, the property owner must have applied for local historic designation of the re
which had been determined eligible.
8. Calculations of Available Development Rights (Sending Property).
1. For those properties deemed eligible to participate in the TDR program un•; the terms of
Section 23-6 (1), the Zoning Administrator or their designee shall calc ,. °te the unused
development potential (base development rights) that may be transferred to a r Aceiving property at
100% of the available square feet permitted by the underlying zoning distric`thereby recognizing
the additional requirements associated with the rehabilitation of a historic p perty.
2. For those non-contributing properties contained with the Miami Mod-,( (MiMo)/Biscayne Boulevard
Historic District as described in Section 23-6(b), the Zoning Administr�or or their designee shall
calculate the base unused development rights at 75% of the total a liable square feet permitted by
the underlying zoning district, which shall be available for transfer ` ale). The lot itself may be
developed at 100% of its capacity under the requirements of th:,,istoric district guidelines, and the
Miami Zoning Code
(-9) Requirements -for the -Preservation of Eligible=H-istoric- sources -(Sending -Properties) Using the
Provisions of the TDR: Application Process.
The purpose of this incentive is to insure that historresources are preserved for the public benefit.
The requirements that follow apply to all buildings�hich make use of the TDR program. The use of
the TDR for Historic Resources requires the de ,'onstration and evidence that establishes the sound
physical condition of the sending resource; o at the rehabilitation treatments, if needed, will be
undertaken within a reasonable period, and�at the owner (and subsequent owners) is covenanted to
maintain the property. Therefore, following' he qualification of any eligible historic resource, the
applicant requesting the Certificate of T,::nsfer shall provide the Planning Department with:
(1) An "Existing Conditions Report" i'epared by a registered engineer or architect that at a minimum
records the data required by the :gilding Code upon periodic recertification; and which must include
an evaluation of the current cony" ion of the:
a. Wall Construction
i. Masonry bearing walls
ii. Steel/Concrete Frami,e Systems
b. Roof Constructio
c. Windows (not'. those that are replacements, and those that appear to be originals)
d. Exterior Drs (noting those that are replacements and those that appear to be originals)
e. ExteriBalconies, if applicable
f. Deb rative ornament (e.g. cast concrete medallions, pilasters, string courses, etc., as applicable)
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q. Elevators (if applicable)
h. HVAC System
I. Plumbing
j. Electrical
k. Fire Protection/Life Safety Systems (if any).
I. Handicapped Accessibility
Enactment Number: 13008
(2) A "Maintenance Plan" will be submitted concurrently with the Existing C�sa''q ditions Report and
shall List those items and/or systems that have been identified as de ;''lent, deteriorated, or
non-existent, in the Existing Conditions Report. The Maintenance Plan wilp't a minimum provide:
a. A prioritized schedule that identifies those elements in substandard, ondition, in need of
imminent repair/replacement, and a schedule for their repair.
b. A prioritized schedule for the correction of any other deficienc .n"s identified in the Existing
Conditions Report.
c. A long-range plan that addresses the cyclical maintena e of the property.
q. Requirements for the issuance of TDRs for "no ''contributing" properties within the Miami
Modern (MiMo)/Biscayne Boulevard Historic District.
1. "Non-contributing" properties.
The intent of the special incentives alo'q Biscayne Boulevard is to provide capital for
improvements to buildings that may have =lien into disrepair, and thus contribute to the overall
appearance and stability of the bouleva „� as a whole. Therefore, following the qualification of a
non-contributing property as eligible f 'F the TDR benefit, the owner/applicant shall provide the
Planning Department with:
a. An "Existing Conditions Report' s described in Section 23-6 (f)(1).
b. A "Maintenance Plan" as d `scribed in Section 23-6 (f)(2).
c. A special certificate o ; ppropriateness application for the improvements to be made to the
structure, noting the im!, vements designed specifically to promote a harmonious relationship with
other structures withi e boulevard historic district,
d. The special ce r"9 icate of appropriateness will be processed in accordance with the provisions
contained in sec,:': n 23-8 of this ordinance.
(10) Releas*, f Certificate of Transfer
The Pla -`inq Director, or their designee, will prepare the Certificate of Transfer for the unused
develoe ent rights for historic resources so classified as automatically eligible as established by
Secti23-6 (1) or after the resource has been determined eligible under the terms of subsection (
c). e Certificate of Transfer will be issued only after one of the following conditions has been
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met:
a. An Existing Conditions Report and Long -Term Maintenance Report is on file with the Plannin.
Department, and that the results of the existing conditions report demonstrate that the resourc, is
in compliance with the building code, and is in no need of repairs;
b. An Existing Conditions Report and Long -Term Maintenance Report is on file with the Pl nninq
Department, and the existing conditions report has identified deficiencies in the soundns of the
building, and the owner has:
1. Presented detailed plans to correct the deficiency(ies) to the Preservation Office(, with a
schedule identified with which to complete the repairs, not to exceed twelve (12)//months from the
date the plans have been submitted;
That a bond (representing the value of the improvements necessary to orrect the deficiencies)
has been posted with the city to be used in the event the owner def Its from their promise to
make the necessary repairs;
(11) Covenant (Sending Property)
The Planning Director, or their designee will prepare the Ce ';licate of Transfer for the unused
development rights for historic resources so classified as aut - atically eligible as established by
Section 23-6(1) or after the resource has been determined Egible under the terms of subsection
(c). The Certificate of Transfer may only be issued fol ing the applicant's fulfillment of the
requirements -contained in-subseetions (-)-(1-) an end following the filing af=restrictive
covenant with the city, which covenant shall provide:
a. That the eligible historic resource will be mainta`-ed to a standard consistent with the Building
Departments' standards for "Forty (40) year recertai cation";
b. That the requirement for long-term maintenice will follow the title to the property through any
subsequent owners;
c. That the City of Miami will be advised any change in property ownership
The original covenant will be maintied by the Planning Department, and a copy filed with the
Miami -Dade County Clerk of the C., rts.
(11) Restrictions (Receiving Pr.,®erty)
a. The TDRs may only be sed in areas of the city so designated as receiving sites, where an
increase in intensity from ' e underlying zoning district is allowed, specifically for the use of the
historic TDRs.
Sec. 23-7. Waivers or Locally Designated Historic Resources.
In an effort to p :mote and encourage the preservation and adaptive use of locally designated
resources, so •'=signated pursuant to the provisions of Section 23-4 of this article the HEPB may
grant certain " aivers to the Zoning Code proided that it will result in the preservation of a locally
designated +roperty.
1. Hist. c Preservation Waivers.
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The board may authorize certain waivers to the requirements of the underlying zoning district, to
the extent indicated herein.
a. Waivers concerning existing buildings
1. Any building that is individually locally designated or is classified as a contribuing building ,, Within
a local historic district, as identified in the designation report, shall be permitted to be r- aired,
restored, structurally altered, or reconstructed, notwithstanding any conflicts with provisi•'s of the
underlying zoning district requirements pertaining to minimum lot size, setbacks, ►' imum 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 co ibutinq property
within a locally designated historic district precludes reasonable and apprr,'Hate use of the
property within the underlying zoning district a waiver of up to twenty (.4) percent from the
underlying requirements for setbacks building footprint, and green space m be authorized by the
board.
3. In cases where the size or configuration of a locally designate property, or a contributing
property within a locally designated historic district is such that co pliance with off-street parking
requirements would destroy the historic character of the prop: y, the board may authorize a
reduction of up to 100% of the number of parking spaces tha ' ould ordinarily be required for a
new structure of equivalent use and floor area. Such a redu on 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 of the historic district in whiff the proposal is located..
(b) Granting the modification would promote the ®'reservation of the historic resource or historic
district while reducing nonconformities.
(c) Granting the modification would help , "' imize or mitigate any potential adverse effect of a
specific proposal whose implemenation omotes the preservation of the historic resource or
historic district.
(d) Special circumstances exist suc ,/s adjacencies or shared parking that will practically alleviate
concerns for off-street parking.
(e) The HEPB shall make ecific findings that establish how the criteria have been met.
Additionally, the Board may ' pose any conditions, restrictions, or limitations deemed appropriate
in order to ensure complia e with the criteria set forth above.
4. Signage
Historic signs sh i be permitted to remain and to be repaired, restored, structurally altered,
reconstructed, or elocated utilizing the Certificate of Appropriateness process. Historic signs may
possess intrinsimportance, or acquire that importance as a result of their association with the
histonc so e through which they have become associated.
In deter ing whether a sign qualifies as "historic", the HEPB shall consider whether it is:
(a) A ociated with historic figures, events or places.,
(b) a gnificant as evidence of the history of the product, business, or service advertised;
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(c) Significant as reflecting the history of the building or the development of the historic district. (A
sign may be the only evidence of a building's historic use);
(d) Characteristic of a specific historic period, such as gold leaf on glass, neon, or stainless ste
Lettering
(e) Integral to the building's design or physical fabric, as when a sign is a part of a storefront .r`.de
of Carrara glass or enamel panels, or when the name of the historic firm or the date are rer•ered
in stone, metal or tile, (in such cases, removal can cause damage to the materials, or .,'ect the
integrity of the building's original design);
(f) Outstanding examples of the sign maker's art. Whether because of th excellent
craftsmanship, use of materials or design;
(g) Recognized as a Local landmark, because of its prominence and popular reco ;, ' ition as a focal
point in the community;
(h) Assists in defining the character of a district, as for example marquees i heater districts, or
prominent neon signs associated with the proliferation of motels depen•.P`nt upon the tourism
industry.
In conjunction with allowing the retention, restoration, rehabilitation , nd/or reconstruction of a
historic siqn, the HEPB shall make specific findings establishing ho e subject sign meets these
established criteria.
a. Waivers concerning additions
Waivers for additions to existing buildings may also be aut rized by the board when necessary to
assure=the—pre ervation-of—his-toric resotrccs and his nc districts -subject to the limitations
described in Section 23-7.
b. Procedures for granting Waivers,
An application for a special certificate of apopriateness shall be submitted pursuant to the
provisions of Section 23-8 of this chapter.) addition, the application shall contain a written
statement justifying the requested exceptio /'or waiver and provide evidence that the exception or
waiver is necessary to assure the continu preservation of the designated historic structure.
c. Notice and hearings, generally.
The board shall notice the public earinq at which the waiver is requested, following the same
procedures as is required for a piecial Certificate of Appropriateness.
d. Decision of the board.
The board shall make fin:r'`ngs based upon the standards set forth in Section 23-8 of the Miami City
Code, as amended, an o shall take one (1) of the following actions:
1. Issue the specia °' ertificate of appropriateness for the waiver proposed by the applicant; or
2. Issue the spal certificate of appropriateness with specific modifications and conditions; or
3. Deny the .pecial certificate of appropriateness.
e. Stan,rrds.
In as:ition to the guidelines and standards for issuing certificates of appropriateness as set forth in
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Section 23-8 of the Miami City Code, as amended, 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 hi 'Vic
structure; and
2. The waiver shall be in harmony with the general intent and purpose of this chapter.
f. Conditions and safeguards.
In granting any waiver, the board may prescribe appropriate conditions and safeuards necessary
to protect and further the interest of the area and abutting properties, includi but not limited to,
landscape materials, walls, and fences as required buffering; modifications o1V e orientation of any
openings; modification of site arrangements; and control of manner or houof operation.
g. Requirements for substantial rehabilitation.
As a condition of granting a waiver, as determined by the board a - ` e time of granting the special
certificate of appropriateness, the board may require that the s cture(s) for which the waiver is
requested be substantially rehabilitated in accordance with the,`'lorida Building Code, the National
Fire Prevention Code, the U.S. Secretary of the Interior's " ,i'=ndards for Rehabilitation," and any
other applicable codes and regulations..
h. Requirements concerning time limitations.
Any certificate of appropriateness issued under / is section shall be governed by the time
limitations stipulated in Section 23-8(,q).
Sec. 23-5 23-8. Certificates of appropriates ss.
(a) Certificates of appropriateness, wh required. A certificate of appropriateness shall be
required for any new construction, altettion, relocation, or demolition within a designated historic
site or historic district. A certificate o ," ppropriateness shall also be required for waivers from the
provisions of the zoning code. A ertificate to dig shall be required for any ground disturbing
activity within a designated arch ological site or archaeological zone or within an archaeological
conservation area. All certifica'` of appropriateness and certificates to dig shall be subject to the
applicable criteria in subsecti23-8(h) and any other applicable criteria specified in this chapter,
as amended. No permits ,* i all be issued by the building department for any work requiring a
certificate of appropriaten s unless such work is in conformance with such certificate.
(b) Procedures for iss,ng certificates of appropriateness.
(1) Pre-appiicati. ` conference(s). Before submitting an application for a certificate of
appropriateness an applicant is encouraged to confer with the preservation officer to obtain
information a guidance before entering into binding commitments or incurring substantial
expense in e preparation of plans, surveys, and other data. At the request of the applicant, the
preservati. ' officer, or any member of the board, an additional pre -application conference shall be
held bet een the applicant and the board or its designated representative. The purpose of such
confer ce shall be to further discuss and clarify preservation objectives and design guidelines in
case that may not conform to established objectives and guidelines. In no case, however, shall
an,; statement or representation made prior to the official application review be binding on the
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board, the city commission, or any city department.
Enactment Number: 13008
(2) Application for certificate of appropriateness. The applicant shall submit to the preservati
officer an application together with supporting exhibits, and other materials, and any applicle
fees as required by the rules of procedure of the board. No application shall be deemed . • be
complete until all supporting materials required have been provided and any established fe paid.
(3) Standard certificates of appropriateness. Where the action proposed in an app ''ation is a
minor improvement, as specified by the rules of procedure of the board, and is in a ord with the
guidelines for issuing certificates of appropriateness as set forth in subsection 7(c), the
preservation officer shall, within ten calendar days of receipt of the complete a•{ 'cation, issue a
standard certificate of appropriateness, with or without conditions, indicating i riting conformity
with said guidelines. Following such approval, permits dependent upon ; may be issued if
otherwise lawful. An applicant may request that the application be initially assified as a special
certificate of appropriateness if they wish to have the matter heard by the r PB.
(4) Special certificates of appropriateness. Where the action propose" in an application involves a
major addition, alteration, relocation, or demolition, as specified bye rules of procedure of the
board; et -where the preservation officer finds that the action proped in an application involving a
minor alteration is not clearly in accord with the guidelines as s forth in subsection 23-5 8(c); or
when the applicant is requesting a waiver from the req ; cements of the zoning code the
application shall be classified as a special certificate o appropriateness, and the following
procedures shall govern. The applicant may also reques, hat his application be classified as a
a. Public hearing. When a complete application is rea Hved, the preservation officer shall place the
application on the next regularly scheduled meeti of the board. The board shall hold a public
hearing to review the application. All public hear ;r gs on certificates of appropriateness conducted
by the board and hearings on appeals of b/•rd decisions to the city commission regarding
certificates of appropriateness shall be noticeVas follows:
1. The applicant shall be notified by mail . ".east ten calendar days prior to the hearing.
2. Any individual or organization re • resting such notification and paying any established fees
therefore shall be notified by mail at ast ten calendar days prior to the hearing.
3. An advertisement shall be plad in a newspaper at least ten calendar days prior to the hearing.
4. Any additional notice dee ,�W-d appropriate by the board.
b. Decision of the board.,-'` he decision of the board shall be based upon the guidelines set forth in
subsection 23-58(c), :`' well as the general purpose and intent of this chapter and any specific
design guidelines o r,' Tally adopted for the particular historicsite resource, historic district, or
archaeological site/ r zone. No decision of the board shall result in an unreasonable or undue
economic hardsh;, for the owner. The board may seek technical advice from outside its members
on any applica 'rn. The decision of the board shall include a complete description of its findings,
and shall dire one of the following actions:
1. lssuan of a special certificate of appropriateness for the work proposed by the applicant;
2. lss nce 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 tix
months in cases of demolition or relocation of a contributing structure or landscape fure,
pursuant to the provision of subsections 23-5(c)(2), (3), and (4), or up to 45 calendar days or any
work potentially affecting an archaeological site, archaeological zone, or arch; ological
conservation area, pursuant to the provisions of subsection 23-5(c)(5).
5. Issuance of a recommendation to the city commission for a certificate of appropr;'eness for any
work that is included in an application for a major use special permit (MUSP), pur ant to article 17
of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, as amende
6. Issuance of a written communication prepared by the Preservation Offic ` to the Director of the
Planning Department and the Zoning Administrator that sets out the es" ct parameters for their
waiver(s) from the provisions of the zoning code and the reasons wheref re.
(5) Accelerated Certificate of Appropriateness. When an applicant i .roposinq physical changes to
a resource that is simultaneously being considered for local hishisti is designation, if the proposed
changes are of a substantial nature, the preservation officer sh I follow the procedures specified
for a Special Certificate of Appropriateness. A hearingor an Accelerated Certificate of
Appropriateness will be preceded by the Preliminary Des nation Report, in order to establish
whether the resource appears to meet the criteria for local ' istoric designation.
c. Time limitations. If no action is taken upon an appl'°.tion by the board within 60 calendar days,
excluding those days within the month of August, fr the receipt of a complete application, such
application shall be deemed to have been appro d, and the preservation officer shall authorize
issuance of any permit dependent upon suc certification, if otherwise lawful, recording as
authorization the provisions of this section. Tyr time limit may be waived at any time by mutual
consent of the applicant and the board. Ho ver, should in the opinion of the preservation officer
or the historic and environmental presery on board such delays be attributable to the applicant
and/or their agent, this time limitation all not apply, nor shall the application be considered
approved.
d. Records. Written copies of all F cisions and certificates of appropriateness shall be filed with
the planning and zoning departm t.
e. Appeals. The property o finer, any one member of the City Commission, the planning and
zoning department, or any -y grieved party may appeal to the City Commission any decision of the
board on matters relatin• ' o designations by filing within 15 calendar days after the date of the
decision a written not'of appeal with the hearing boards department, with a copy to the
preservation .officer. , Bch notice of appeal shall set forth concisely the decision appealed from and
the reasons or grods for the appeal. Each appeal shall be accompanied by a fee of $500.00,
plus $3.50 per m'ed notice required pursuant to subsection 23-4(b)(3). The city commission shall
hear and consi. 'r all facts material to the appeal and render a decision as promptly as possible.
The City Corn °" ission may affirm, modify, or reverse the board's decision. Any decision to reverse
the board's,+•ecision shall require a three -fifths vote of all members of the City Commission.
Appeals f,csm decisions of the City Commission may be made to the courts as provided by the
Florida 'r`'les of Appellate Procedure. The provisions of section 23-5 23-4(b) shall remain in effect
during e entire appeal process, unless stayed by a court of competent jurisdiction. The appeal
shal :e a de novo hearing and the city commission may consider new evidence or materials in
acrdance with §2004 of the Zoning Ordinance. Appeals shall be made directly to the Miami City
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Commission, within 15 calendar days after the date of the decision, and follow the procedures
described in Sections 23-8(e) or 23-4(7).
f. Changes in approved work. Any change in work proposed subsequent to the issuance,.f a
certificate of appropriateness shall be reviewed by the preservation officer. If the presej ation
officer finds that the proposed change does not materially affect the property's historic chVacter or
that the proposed change is in accord with approved guidelines, standards, and cerrtfficates of
appropriateness, the officer may issue a supplementary standard certificate of approp/ateness 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 spe al certificate of
appropriateness shall be required.
g. Conditional uses. The board shall issue special certificates of appropri.l eness for conditional
uses, pursuant to the provisions of Article 7 of Ordinance No. 11000, the ,.ning Ordinance of the
City of Miami, as amended.
,(g) Expiration of certificates of appropriateness. Any certificate of ap • opriateness issued pursuant
to the provisions of this section shall expire 12 months from thdate of issuance, unless the
authorized work is commenced within this time period, or a buildi permit has been obtained. The
preservation officer may grant an extension of time not to exc d six months twelve months upon
written request by the applicant, unless the board's guideline as they may relate to the authorized
work have been amended.
(c)(h) Guidelines for —issuing certificates -of appropriate=ss
(1) Alteration of existing structures, new construction. Generally, for applications relating to
alterations or new construction as required in bsection 23-8(a) the proposed work shall not
adversely affect the historic, architectural, or sthetic character of the subject structure or the
relationship and congruity between the su jct structure and its neighboring structures and
surroundings, including but not limited to fo , spacing, height, yards, materials, color, or rhythm
and pattern of window and door openi ,s in building facades; nor shall the proposed work
adversely affect the special character or pecial historic, architectural or aesthetic interest or value
of the overall historic site or historic di trict. Except where special standards and guidelines have
been specified in the designation of particular historic site resource or historic district, or where
the board has subsequently a pted additional standards and guidelines for a particular
designated historic sito resour or historic district, decisions relating to alterations or new
construction shall be guided b the U.S. Secretary of the Interior's "Standards for Rehabilitation
and Guidelines for Rehabilita)i g Historic Buildings."
(2) Applications for Exce ions. An application for an exception will be made on forms provided by
the Planning Departme , and will be processed and noticed in accordance with the procedures for
a Special Certificate of Appropriateness.
(3) Applications fofa Waiver. An application for a waiver(s) from the provisions of the zoning code
will be made on orms provided by the Planning Department, and will be processed and noticed in
accordance w'.tthe procedures for a Special Certificate of Appropriateness.
2. An ar eological survey at the applicant's expense conducted by an archeologist approved by
the boa . containing an assessment of the significance of the archeological site and an analysis of
the i act of the proposed activity on the archeological site.
roposal for mitigation measures.
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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 o
the property.
b. The board may issue a certificate of appropriatcncso to dig with a delayed effective • m"fe of
up to 45 calendar days to allow any necessary site excavation or assessment.
(6)(8) Unreasonable or undue economic hardship.
a. Where strict enforcement of the provisions of this section would result in an reasonable or
undue economic hardship to the applicant, the board shall have the power to ; %ry or modify the
provisions of this section, including adopted guidelines. The fact that com%`lance would result
in some increase in costs shall not be considered unreasonable or undu-.- -conomic hardship if
the use of the property is still economically viable.
b. Any applicant wishing to assert unreasonable or undue hardshiimust submit as a part of
the application for a certificate of appropriateness a written sta ment presenting the factual
data establishing such economic hardship. The written statem -.,r`t presenting factual data shall
be in the form of a sworn affidavit containing the following info ation:
1. The amount paid for the property, the date of purchase nd the party from whom purchased,
including a description of the relationship, whether bu 1 ness or familial, if any, between the
owner and the person from whom the property was p ` hased;
2. The assessed value of the land and improve,. '" ents thereon according to the three most
recent assessments;
3. The amount of real estate taxes for the prious three years;
4. All appraisals obtained by the ow -r or applicant within the previous three years in
connection with the potential or actual o rchase, financing or ownership of the property;
5. All listings of the property for s `= 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 f the previous three years; itemized expenses, including operating
and maintenance costs, •r the previous three years; annual cash flow for the previous three
years; and proof that F'e owner has made reasonable efforts to obtain a reasonable rate of
return on the owner's®vestment and labor;
7. Any considera ' n by the applicant as to uses or adaptive uses of the property;
c. In the eve that any of the required information is not reasonably available to the applicant
or cannot b obtained, the applicant shall file with the affidavit a statement of the information
that Cann be obtained and shall describe the reasons why such information is unavailable.
d. Noithstanding the submission of the above information, the board may require, at the
app ant's expense, additional evidence, including, but not limited to, architectural, structural
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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 pr ent or
discourage the ordinary maintenance or repair of any structure when such maint- ante or
repair does not constitute an alteration, or to prevent the ordinary maintenance o andscape
features.
(b) Enforcement of maintenance and repair provisions. When the board or pr- ervation officer
determines that any designated property is endangered by lack of mainten. ' ce and repair, or
that any other property in visual proximity to a designated property lac; maintenance and
repair to such an extent as to detract from the character of the design. -d property, the boad
or officer may request appropriate officials or agencies of the city to ruire correction of such
deficiencies under authority of applicable laws and regulations.
(c) Unsafe structures. In the event the building official of e city determines that any
designated property is unsafe pursuant to chapter 8.5 of th Code of Miami -Dade County,
Florida, as amended, he shall immediately notify the board copies of such findings. Where
reasonably feasible within applicable laws and regulation ,, `the building official shall endeavor
to have the structure repaired rather than demolishedd shall take into consideration any
comments-and-r-ecommendatio-n-of the -board: The-boamay-take-appropriate-actions-to-effect
and accomplish preservation of such structure, Intl ing, but not limited to, negotiations with
the owner and other interested parties, provided at such actions do not interfere with the
procedures in chapter 8.5 of the Code of Miami- de County, Florida, as amended.
(d) Emergency conditions. For the purpose e `remedying emergency conditions determined to
be imminently dangerous to life, health, or operty, nothing contained herein shall prevent any
temporary construction, reconstruction, ; molition, or other repairs to a designated property,
pursuant to an order of a government .'ency or a court of competent jurisdiction, provide that
only such work as is reasonably nec- sary to correct the emergency condition may be carried
out. The owner of structure dam- e by fire or natural calamity may stabilize the structure
immediately and rehabilitate it lat-' under the provisions of this chapter.
(e) Enforcement. The build'rg department and the code inspectors as defined in section
2-813 shall assist the bo.. rd by making necessary inspections in connection with the
enforcement of this cher. The building department shall be responsible for promptly
stopping any work a r-mpted to be done without or contrary to any certificate of
appropriateness requi d 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 c. ' ificate.
(f) Violations a penalties. Any person who carries out or causes to be carried out any work in
violation of t 's chapter shall be required to restore the locally designated property either to its
appearancprior to the violation or in accordance with a certificate of appropriateness
approve the board. The following procedures shall govern:
(1) ' erral to preservation board. The building department and code inspectors as defined in
se on 2-813 shall refer all violations to the board, unless such violation is voluntarily corrected
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to comply with a previously issued certificate of appropriateness. par
(2) Preservation board public hearing. The board shall conduct public hearing with notice as
set forth in subsection 23 5OOa. 23-7(4)(a).
(3) Decision of preservation board. The board shall make findings based upon the provi-°ons
of this section and the guideines set forth in subsection 23-5(e) (7) and shall take on- •f the
following actions:
a. Reaffirmation of a previously issued certificate of appropriateness;
b. Issuance of an amended special certificate of appropriateness with specif -,d modifications
and conditions; or
c. Issuance of a new special certificate of appropriateness with specified <-•nditions.
The board may specify a reasonable limitation of time within which r`e work authorized by the
certificate of appropriateness shall be commenced or complete., or both. Appeals of any
decision of the board related to certificates of appropriates -ss shall follow the same
procedures as set forth in subsection 23-5(b)(4)e.
(4) Referral to code enforcement board. If the wor authorized by any certificate of
appropriateness issued pursuant to subsection 23 : _,. 7 abovc is not commenced and/or
completed within the time specified, or if a sub :-° -quent violation of a certificate of
appropriateness issued pursuant to this section is r•und, the building department or code
inspectors as defined in section 2-813 shall initiate -nforcement proceedings before the code
enforcement board pursuant to the provisions of. ection 2-814 of the Miami City Code. This
remedy shall be in addition to and not in lieu .. any criminal or civil prosecution and penalty
that may be provided.
(g) Conflicts. Where there are conflicbetween 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 p ` ies and public bodies. The provisions of this chapter shall
apply equally to plans, projes, or work executed or assisted by any private party,
governmental body or agency, Department, authority, or board of the city, county, or state.
Section 3. Article 7 f Ordinance No. 11000, as amended, of the Zoning Ordinance of the City
of Miami, Florida, e led "HP Historic Preservation Overlay Districts" is hereby amended in the
following particular-,: {1}
ARTICLE 7
HP HISTORIC PRESERVATION OVERLAY DISTRICTS
Sec. 7 i.+. Intent.
Chapter 23, Historic Preservation, of the Miami City Code has the intent of preserving and
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protecting the heritage of the City of Miami through the restoration, rehabilitation and adaptive use
Miami's historic and architectural resources. It is the intent of this article to further promote e
adaptive use of historic sites buildings and buildings within historic districts by relaxing c ain
otherwise applicable zoning regulations if the standards, procedures and conditions set fort n this
article arc rnet allowing certain uses, when it can be demonstrated that the new use will r ult in a
significant preservation goal.
Sec. 701. Application of district.
No application for an HP overlay district shall be accepted unless the hist•,°c site, building, or
contributing building within a historic district has been designated pursuant to c pter 23 of the Miami
City Code. Furthermore, HP overlay districts shall be applied only to said dgnated historic sites,
buildings, and contributing buildings within historic districts which shall re • j`ire a conditional use er
deviation, as defined in section 704.1 below, to assure their preservation.
HP overlay districts may hereafter be established pursuant the provisions of article 22,
Amendments, except that all applications for amendments shall p. submitted to the historic and
environmental preservation board, as established pursuant to charJ`'er 62 of the Miami City Code, for
review and recommendation prior to any public hearing on suc ,application by the planning advisory
board or zoning board. Applications for amendments to existin• ,' P overlay districts shall be processed
likewise. Applications_ for HP overlay_ districts _shalLbe_exemfrom-the size limit_requirement__on_ the
__
rezoning of property as established in section 2214.1.
Sec. 702. Effect of district.
HP overlay districts shall have the eff ct of modifying requirements, regulations and
procedures the permitted uses applying in wit ... an existing zoning districts indicated in the official
zoning atlas, or zoning districts hereafter cr, °`ated and remaining after the HP overlay district is
superimposed, to the extent provided here . All zoning rentiiremen+s. regulations and procedures
permitted uses not specifically modified by, e HP overlay shall remain in full force and effect.
Sec. 703. Historic and environme `' al preservation board; preservation officer.
The historic and environm : `tal preservation board (hereinafter referred to as the "board") and
the preservation officer as esta.; shed pursuant to chapter 62 of the Miami City Code shall carry out
the duties as assigned by this icle.
Sec. 704. Conditional u` es anti -deviations,
Conditional us and deviations subject to the applicable criteria in Section 704.3 and any
other applicable Grit is specified in this ordinance, as amended.
704.1. Types of nditional uses and deviations permissible.
704.1.1. Co.. itional uses. Professional offices, tourist and guest homes, museums, restaurants and
private clue" or lodges may be permissible as conditional uses. Such uses shall be permissible only
within e ting structures either individually designated or that contribute to the historic character of the
histori site -of district, as identified in the designation report prepared pursuant to chapter 23 of the
Cod., of the City of Miami; and shall not be permissible in any case where the structure(s) of principal
his,ric significance has (have) been destroyed or damaged beyond repair, unless such structure(s) is
e) reconstructed in accordance with a certificate of appropriateness approved by the board pursuant
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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 e - ct
form and detail of a vanished structure as it appeared at a specific period of time. Any use autho. ized
pursuant to this section shall comply with all regulations applicable to the same or similar us in the
most restrictive zoning classification permitting such use, to the extent such regulations hav of been
modified pursuant to this section.
704.1.2. Deviations concerning historic structures. The board may vary the provisio ,w of article 11,
Nonconformities, to the extent indicated herein. Any structure that contributes to the ,r istoric character
of a historic site or historic district, as identified in thc aforementioned dccignat'n report, shall be
permitted to be repaired, restored, structurally altered, or reconstructed, notwith , ` nding any conflicts
assure the preservation of historic sites and --historic districts. Historic igns shall be permitted to
704.1.3. Deviations concerning.
district envelope, a deviation of up to twenty (20) percen ,. from the underlying zoning district
by -the
board.
private clubs or lodges, up to seventy five (75)
rcent of thc required off street par -king -„paces may
704.2. Procedures for granting condition uses and deviations.
704.2.1. Application for a special ce `, i cate of appropriateness. An application for a special certificate
of appropriateness shall be submit pursuant to the provisions of chapter 23 of the Miami City Code.
In addition, the application shall .ntain a written statement justifying the requested conditional use OF
deviation and providing .rovid evidence that the conditional use or deviation is necessary to assure
the continued preservation ` the individually designated historic structure or contributing structure
within a historic district.
704.2.2. Notice and he.;''ings, generally. The board shall hold a public hearing with notice as set forth
in chapter 62 of the Y' mi City Code.
704.2.3. Decision f the board. The board shall make findings based upon the standards set forth in
section 704.3 a mr shall take one (1) of the following actions:
1. Issuance a$f a special certificate of appropriateness for the conditional use or deviation proposed
by the appliveznt; or
2. Issua ; e of a special certificate of appropriateness with specific modifications and conditions; or
3. Den of a special certificate of appropriateness.
704 ;.-` Standards.
In addition to guidelines and standards for issuing certificates of appropriateness as set forth in
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section 23(c) of the Miami City Code, the Board shall determine that the following standards hav
been met before reaching a decision to grant a special certificate of appropriateness:
1. The conditional use or deviation shall be the minimum necessary to assure the conti►. ed
preservation of the historic structure; and
2. The conditional use or deviation shall be in harmony with the general intent and purpo of this
Article and the applicable criteria as specified in Section 1305; and
3. For restaurants, private clubs, or lodges the minimum lot size shall be fifteen thous. ' d (15,000)
square feet. For private clubs and restaurants, hours of operation shall not extend •,f yond eleven
o'clock (11:00) p.m.
4. For restaurants, the property shall be adjacent to a major boulevard and a pare nq plan shall be
required to be approved by the City Commission prior to the issuance of the aggro °I for use.
704.4. Conditions and safeguards.
704.4.1. The board may impose conditions and safeguards. In gran ',, g any conditional use er
deviation, the board may prescribe appropriate conditions and safegu- r•s necessary to protect and
further the interest of the area and abutting properties, including, ;•ut not limited to, landscape
materials, walls, and fences as required buffering; modifications of ` e orientation of any openings;
modification of site arrangements; and control of manner or hours • operation.
704.4.2. Requirements for substantial rehabilitation. As a co ` ition of granting a conditional use er
substantial deviation, as determined by the board at the ti ` e of granting the special certificate of
appropriateness, the board may require that the structure( for which the conditional use or deviation
is {-ere-) requested be substantially rehabilitated- in-accg, eance--theth=the=Florida=Building=Code, the
National Fire Prevention Code, the U.S. Secretary of t ;` Interior's "Standards for Rehabilitation," and
any other applicable codes and regulations.
704.4.3. Requirements concerning time limitation <' In granting a special certificate of appropriateness,
the board shall, as a condition or safeguard, s,e`ecify a reasonable limitation of time within which an
application for a building permit, if applicable„hall be made. In addition, the board may prescribe a
reasonable limitation of time within which rn abilitation shall be commenced or completed, or both.
Failure to meet such time limitations s!=II result in the cancellation of the special certificate of
appropriateness unless, on application .a` the board and on due cause shown, the board shall extend
the time limitation originally set. Suc application shall be filed with the preservation officer not less
than thirty (30) calendar days prior t the date of expiration of the certificate of appropriateness. If the
application for an extension of ti is denied by the board, it shall state in writing its reasons for the
action of denial. Extensions in s;``-month increments may be granted, but in no case shall more than
two (2) extensions be granted ;or a specific certificate of appropriateness.
Sec. 705. Appeals.
Appeals of any decision of the board shall follow the same procedures as set forth in chapter 23 of the
Miami City Code.
*II
Section 4.° If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared in lid, the remaining provisions of this Ordinance shall not be affected.
Se .r on 5. It is the intention of the City Commission that the provisions of this Ordinance shall
beco,re and be made apart of the Code of the City of Miami, Florida, as amended which provisions
ma , •e renumbered or relettered and that the word "ordinance" may be changed to "section," "article,"
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or other appropriate word to accomplish such intention.
Section 6. This Ordinance shall become effective immediately upon its adoption and signat ,`e of
the Mayor.{2}
2)(4) Demolition of existing structures.
a. Decisions of the board to issue, deny or issue with a deferred effective date .•plications for
certificates of appropriateness for demolition shall be based upon the following cri T ria:
1. The degree to which the structure contributes to the historic and/or architural significance of
the historic site or district;
2. Whether Toss of the structure would adversely affect the historic and r architectural integrity of
the historic site or district;
3. Whether architectural plans have been presented to the board the reuse of the property if the
proposed demolition were to be carried out, and the appropriate F =ss of said plans to the character
of the historic site or district, if applicable;
4. Whether the structure poses an imminent threat to public ealth or safety;
5. Whether the applicant has demonstrated that r -ntion of the structure would create an
unreasonable or undue economic hardship;
6. Whether there is a compelling public interest ry uiring the demolition.
b. The owner shall permit access to the su >'ect property for the purpose of inspections and/or
appraisals required by the board or preserv.:,``'ion officer.
c. As a condition of issuing a certificate, of appropriateness for demolition, the board may require,
at the applicant's expense, salvage a• preservation of significant building materials, architectural
details and ornaments, fixtures, an., e like for reuse in restoration of other historic properties, The
board may also require at the .fplicant's expense the recording of the structure for archival
purposes prior to demolition. Trecording may include, but shall not be limited to, photographs
and measured drawings.
d. As a condition of issue a certificate of appropriateness for demolition, the board may require
that no building permit issued for the demolition of said structure until a building permit for the
construction of a new ilding has been issued, if new construction is proposed.
(-3)(5) Relocation, f existing structures. Relocation of historic structures from their original
location shall be r iscouraged; however, the board may grant a certificate of appropriateness if it
finds that no r:sonable alternative is available for preserving the structure on its original site and
the propose relocation site is compatible with the historic and architectural character of the
structure. .' e board may issue a certificate with a delayed effective date of up to six months in
order toplore alternatives to relocating the structure in question.
6 ;'' Removal of landscape features.
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a. No certificate of appropriateness 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 m
placed and unreasonably restricts the permitted use of the property; or
2. The landscape feature is inappropriate in a historic context or otherwise detract: from the
character of the historic site or historic district; or
3. The landscape feature is diseased, injured, or in danger of falling; unreasonainterferes with
utility service; creates unsafe vision clearance; or conflicts with other a•.•licable laws and
regulations.
b. As a condition of granting the certificate of appropriateness, the appl' ant may be required to
relocate or replace identified landscape features.
(5.ZLfl Ground disturbing activity in archaeological zones, archaeo. gical sites, or archaeological
conservation areas.
a. No certificate of- appropriateness to dig shall be issued fo, new construction, excavation, tree
removal, or any other ground disturbing activity until the cit ':-archeologist staff has reviewed the
application, evaluated the scope and determined wheth-,,' the matter should be brought to the
-boar-d foreitser-eviemean-d=made=his=recornmendation=concning-the=rcquirod_scope-of-archeological
work, The staff or the board may require any or a of the following to be developed as an
archaeological plan:
1. Scientific excavation and evaluation of the si at the applicant's expense by an archaeologist
who meets the Secretary of the Interior's Pro ssional Qualifications Standards for Archaeology
(36 CFR Part 61).2. An archaeological s ` ey at the applicant's expense conducted by an
archaeologist who meets the Secretary of ,,i' e 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 t F impact of the proposed activity on the archaeological site
Footnotes:
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{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 ,' thin
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, i : hall
become effective immediately upon override of the veto by the City Commission or up•, the
effective date stated herein, whichever is later.
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