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City of iar Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-i)0826zt .Final ; ction Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO DELETE, IN ITS ENTIRETY; ARTICLE 7, ENTITLED, "HP HISTORIC PRESERVATION OVERLAY DISTRICTS," AND PROVIDING FOR CERTAIN PROVISIONS OF SAID ARTICLE TO BE INCORPORATED IN THE CODE OF THE CITY OF MIAMI, FLORIDA. AS AMENDED; AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ENTITLED "HISTORIC PRESERVATION," BY 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 MIAMI MODERN ("M1MO")1BISCAYNE BOULEVARD HISTORIC DISTRICT MAY SELL BASE UNUSED DEVELOPMENT RIGHTS; (2) REQUIRING BENEFIT FROM SUCH TRANSFER TO BE USED FOR FUTURE IMPROVEMENTS AND MAINTAINANCE OF ORIGINATING HISTORIC PROPERTIES; (3) AN ELIGIBILITY PROCESS FOR HISTORIC RESOURCES WHEREBY THOSE PROPERTIES NOT YET LOCALLY DESIGNATED MAY QUALIFY FOR THE TRANSFER OF DEVELOPMENT PROGRAM, (4) A MONITORING PROCESS TO INSURE COMPLIANCE WITHIN THE TRANSFER OF DEVELOPMENT RIGHTS PROCESS; (5) CREATING A TRACKING 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 AND THE MIAMI 21 CODE; (6) WAIVERS AND EXCEPTIONS FOR LOCALLY DESIGNATED HISTORIC RESOURCES; AND (7) NOMINATIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES; MORE PARTICULARLY BY AMENDING SECTIONS 23-1 THROUGH 23-9 OF SAID CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the preservation of the City of Miami's historic resources is a significant goal in the city's overall vision for its future; and WHEREAS. with the increasing competition for land and the relative expense of maintaining significant resources in their historic condition has made historic preservation exceedingly difficult financially, particularly when the land is zoned for a greater density; and WHEREAS, the public bonus process instituted through the Miami 21 Code will provide a market for unused base development rights; and WHEREAS, there are historic resources within the city that have not yet been historically designated but would be eligible for designation, and thus for the incentive offered by the Transfer of City of 'tliami Prage 1 of 26 Printed On: 6/15/2007 File Number: 07-00826z' Development Rights incentive, and WHEREAS. certain provisions of the Miami 21 Code with respect to open space, off-street parking, minimum lot size, signage and/or loading requirements prevent a historic resource from strict compliance, and therefore preclude a viable use; and WHEREAS, it has been identified that certain provisions of the Ordinance No, 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, related to Historic Preservation should be removed from the Zoning Ordinance and incorporated into the City Code; and 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 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 11000 of the City of Miami, Florida, as amended, is amended by deleting Article 7, entitled "HP Historic Preservation Overlay Districts," in its entirety and substituting in lieu thereof the following language in said Article: "Provisions and regulations relating to "HP Historic Preservation Overlay Districts" are set forth in Chapter 23 of the Code of the City of Miami, Florida, as amended," Section 3. Chapter 23 of the Code of the City of Miami, Florida, as amended, entitled "Historic Preservation" is hereby amended in the following particulars: {1} Chapter 23 HISTORIC PRESERVATION ARTICLE I, HISTORIC PRESERVATION Sec. 23-1. Intent and purpose. (a) The intent of this chapter is to preserve and protect the heritage of the city through the identification, evaluation, rehabilitation, adaptive use, restoration, and public awareness of Miami's historic, architectural, and archeological resources. This chapter is further intended to: (1) Effect and accomplish the protection, enhancement, perpetuation, and use of structures, landscape features, archeological and paleontological resources, areas, neighborhoods, and scenic vistas which represent distinctive elements of the city's historic, cultural, archeological, City of Miami Page 2 ([ 26 Printed On: 6/15/2007 Fife Nu; nbPr O7- 00826zt paleontological, aesthetic, and architectural heritage_ (2) Foster civic pride in the accomplishments of the past. (3) Protect and enhance the aesthetic and environmental character, diversity, and interest of neighborhoods. (4) Stabilize and improve property values in neighborhoods and in the city as a whole, (5) Protect and enhance the city's attraction to residents. tourists, and visitors and thereby serve as a support and stimulus to the economy. (6) Promote the use of historic slues resources. historic districts, and archeological 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, archeological, paleontological, aesthetic, and architectural heritage. (2) Provide a mechanism whereby the Historic and Environmental Preservation Board may, in the interests 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 structures deemed individually significant, or "contributing" within a designated historic district. (3) Provide a mechanism whereby the Historic and Environmental Preservation Board may, in the interests of historic preservation, waive up to 26% of the underlying transect requirements for building footprint and/or green space, for either an addition to an existing locally -designated historic resource, or a "contributing" building within a historic district, or for new construction within a historic district. (4) Provide a mechanism whereby the Historic and Environmental Preservation Board may. in the interests of historic preservation, allow signage which has been deemed "historic" to remain, and be repaired, restored. structurally altered, or reconstructed. (5) Through the historic preservation exception, provide a mechanism for the granting of a certain use when the granting of such use is necessary to encourage or assure the continued preservation of the individually designated historic resource, or "contributing" building within a historic district. (6) Provide an incentive for historic resources and those deemed "eligible" Citof Miami Page 3 of 26 Primed On: 6/75/2007 File Number Q7_OO626z1 known as "Transfer of Development Rights for Historic Resources' Establish mini rnum standards to ualif ell ible resources that while not et officially locally designated under the provisions of this chapter, qualify as eligible for listing and thereby may apply for Transfer of Development Rights. provided that the resource is formally listed in the Miami Register of Historic Places within one year from the date of the Historic and Environmental Preservation Board's review of the application. (8) Establish procedures for the review of nominations to the National Register of Historic Places as governed by the requirements of the Florida Division Of Historical Resources. (2)(9) Assure that alterations and new construction within designated historic sites, historic districts, and archeological 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 aver archeological zones and sites within the city. Sec. 23-2. Definitions. The following definitions shall apply only to this chapter; undefined terms shall be defined as set forth in the National Historic Preservation Act of 1966, as amended, or as commonly used: Accelerated Certificate of Appropriateness. A review of proposed changes to a historic resource that is conducted by the Board concurrently with a request for historic designation. Adaptive Use. The process of converting a building to a use other than that for which it was designed. Addition. A construction project physically connected to the exterior of a building. Alteration. Any change affecting the exterior appearance of a structure or its setting by additions, reconstruction, remodeling, or maintenance involving change in color, form, texture, signs, or materials. or any such changes in appearance of designated interiors. Applicant. The owner of record of a property and/or structures located thereon, or has their authorized representative. Application, complete. An application for approval sought pursuant to this chapter shall be deemed complete if it is on a form approved by the city and all applicable information is provided by the applicant on the form, or attachment(s) as necessary, at the time of its filing and all required fees are paid. Archeological conservation area. e.ifMiamni Page 4 of 26 .Printed On: 6/15/200 r ile Number: 07-QO 25zt 1\kar -i- retie+us e- or pan-on--tt-4e-fart land-us-e-plan--rna-pserer-entitled llHistari-c fstr-i- --Braundanes -and-H-istoricaily S ing Protection. A geographically defined area where the probability of sub -surface artifacts is considered high. Archeological 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. A. eologica &ites may be found ith=x?- Archeological 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, g ou d 4 urbing activity, or other work; or to allow certain waivers or an exemption to the criteria set forth in the Zoning Code or Miami 21 Code, Certificate of Approval. A written document permitting tree removal or development activity within those areas identified and established as environmental preservation districts. 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. The Certificate of Transfer may not be used until the receiving site has completed the required approval process. Certificate to Dig. A written document permitting certain ground disturbing activities, such as filling, grading, swimming pool excavation and the removal of vegetation or trees that may involve the discovery of as yet unknown or known archeological resources within a designated archeological site or zone. Certified local government. Agovernment satisfying the requirements of the U.S. National Historic Preservation Act amendments of 1980 ( Public Law 96-515) and the implementing of regulations of the Department of the Interior and the State of Florida. ,cncc of time and Contributing resource/landscape feature. A building, landscape feature, site, structure or object that adds to the historical architectural qualities, historic associations, or archeological values for which a district is significant because: it was present during the period of significance of the district, and possesses historic integrity, reflecting its character at that time; or it is capable of providing important information about the period: or it independently meets the National Register of Historic Places criteria for evaluation set forth in 36 CFR Part 60.4 incorporated by reference. City of Miami Page 5 of26 Printed On: 6/]57'2i907 File Number O7-0Q326zt Demolition, The complete destruction of a structure, or any part thereof. Desicjaatoot pr p ry-desig'7'-4 district; des gnatcd ar -A f ist-ori s-i e4ister zone designated pu a ; "ter --this chapter or article 16 of Ordinance No. 9500, the previous zoning a-14hy,-as amended, 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; been certified by the Historic and Environmental Preservation Board as having met that criteria; and been qualified by the Planning Director, so that they may take advantage of the Transfer of Development 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 manmade attributes in need of preservation and control because of their educational, economic, ecological and environmental importance to the welfare of the general public and the city as a whole. and identified in the Official Atlas of Environmental Preservation Districts and Scenic Transportation Corridors. Existing Conditions Report, A report prepared by a registered architect or engineer which 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 archeological sites and properties in the State of Florida, usually the result of a systematic survey. Ground disturbing activity. Any excavation, filling, digging, removal of trees, or any other activity that may alter or reveal an interred archeological or paleontological site. Historic district. A geographically defined area possessing a significant concentration, linkage, or continuity of sites or structures united historically or aesthetically by plan or physical development. Historic and environmental preservation atlas. The Official Historic and Environmental Preservation Atlas of the city, as amended, which shows all designated historic sites, historic districts, and archeological zones. Historic Preservation Exception: When used in this chapter, an exception allows for a certain use to be allowed in specifically identified transects, when such use results in significant preservation strategies. Historic Preservation Waiver: When used in this chapter, a difference from what is required under the underlying transect provisions and what may be allowed when used to City of Miami Page 6 of 26 Printed On: 6/1 /2007 Frle Number" 07--OO626zt 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 situ: A geographically defined are Gontainfng hi,s-t Trro-e- -Wiest eti-c ih * or value as part of the heritage of the city. The location of -a na t ny rRt n c if r a s ructu ro whe#+er c i i ��, i � fi c-o r his ��--cvrcr�. rrg vrm-v y--�.. r-rcN-r sta ding, ruined, run red � an&sh© van shed str-u^+u ere the locat;o^ itself - possesses -historic, cultural, of o_v fl�i wit ria s t `c. e Historic site. The location of a significant event. a prehistoric or historic occupation or activity. or a vanished structure, where the location itself possesses historic, cultural, archeological, or paleontological value. Will. New construction that hasbeen designed and built to replace missing structures or otherwise fill paps in the streetscape of a historic district. Interim protection measure. The interim period of time needed to protect a property from demolition, relocation, alteration, or new construction until such period of time provided by law passes for the property to be considered for designation as a historic site, historic district, or archeological zone. ........ Landscape feature. Vegetation, geological features, ground elevation, bodies of water or other natural or environmental features. Locally Designated Historic Resource. An overarching term used to describe any archeological site or zone: individual building; structure, object, landscape feature or historic district that has been approved for designation by the City of Miami's Historic and Environmental Preservation Board, as prescribed by the provisions of this chapter, and shown in the Historic and Environmental Preservation Atlas. Maintenance Plan. A written document submitted by the owner of a qualified 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. Miami Register of Historic Places. The list of locally designated historic resources that have met the criteria for significance and have been designated by the Historic and Environmental Preservation Board, pursuant to the provisions of this chapter. National Register of Historic Places. The list of historic properties significant in American history. architecture, archeology, engineering and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966, as amended. City of Miami Page 7 of 26 Printed On: 6/15/2007 File Nwnber 97-00:926zt Non -Contributing Resource. A building, landscape feature, obiect, structure, or r heolo al resource that does not add to the historic architectur I guaites historic associations, or archeological 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 tirne or is inca able cf yieIdnJjjortant information about the eriod; 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 Property. A building that has increased its base 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 which have been identified as having a unique landscape character and/or an expansive tree canopy that is of substantial environmental importance to the city. as described in Section 17-31(3) of the Miami City Code. Sending Property: The qualifying historic resource that is selling its unused base development rights to the receiving property. aeti4ityT-o-F-a-struoture,wheth-r standing, ruined, or vanished, where the location itself of--any-existing--str4;Gtu-re City of Miami Page 8 of 26 Printed On: 6/15/2007 Fite Numbers 0, 0082&z1 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 Fights (TDR) for Historic Resources. The sale of the unused base development rights to another party upon a binding commitment that results in the rests ration..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 Code, as amended. shall; carry out the duties as assigned by this chapter. Sec. 23-4. Designation of historic sites resources, historic districts, and archeological sites and zones. (a) Criteria for designation. Properties may be designated as historic sites, resources, historic districts, or archeological sites or zones only if they have significance in the historical, cultural, archeological, paleontological, aesthetic, or architectural heritage of the city, state, or nation; possess integrity of design, setting, materials, workmanship, feeling, and association; and meet one or more of the following criteria: (1) Are associated in a significant way with the life of a person important in the past; (2) Are the site of a historic event with significant effect upon the community, city, state, or nation; (3) Exemplify the historical, cultural, political, economical, or social trends of the community; (4) Portray the environment in an era of history characterized by one or more distinctive architectural styles; (5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction; (6) Are an outstanding work of a prominent designer or builder; (7) Contain elements of design, detail, materials, or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the South Florida environment; or City- of Miami Page 9 of 26 Printed On: 6/15,2007 Fife Number O7-00826zt (6) Have yielded, or may be likely to yield, information important in prehistory or history. b. Criteria Exceptions. Ordinarily cemeteries. birth places, or graves of historical figures, properties owned by religious institutions or used for religious purposes. structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties that have achieved significance within the past fifty (50) years shall not be considered eligible for listing in the Miami Register of Historic Places, However, such properties will qualify for designation if they are integral parts of districts that do meet the criteria, or if they fall within the following categories: (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 there is no appropriate site or building directly associated with his or her productive life; or (3) A cemetery that derives its primary significance from graves of persons of outstanding importance, from age, from distinctive design features, or from association with historic events; or Lzil A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and no other building or structure with the same association has survived; or (5) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance: or (6) A property achieving significance within the past fifty (50) years if it is of exceptional importance; or (7) A religious property deriving primary significance from architectural or artistic distinction or historical importance. (31}(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 archeological sites and zones according to the following procedures: (1) Proposal and preliminary evaluation. Proposals for designation may be made to the board by any one of its members, the mayor, the city commissione planning and zoning department; any other city department, agency, or board, the Miami Dade County , 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 City of Miami Page 10 426 26 Painted On: 6/1572007 er: 0 %-Qg826zt 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, if any, which is the subject of said proposal for designation shall be notified by mail of the board's intent to consider the preliminary evaluation of the property. Should the applicant be a person other than the property owner or their designated agent or attorney, the applicant of record shall be notified as well as the owner of the subject property. b. Interim protection measures. From the date said notice of the preliminary evaluation is provided, 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 ofa 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 23-5. The preservation officer shall place said application for a certificate of appropriateness on the next available agenda of the board. Any owner who carries out or causes to be carried out any work without the required certificate of appropriateness shall be subject to the provisions of subsection 23 -64-23-8 (f). (2) Preparation of designation report. For every proposed historic site resource, historic district, and archeological site or zone, the planning and zoning department shall prepare a designation report containing the following information: a. Designation report. The designation report shall contain a statement of the historic, architectural, and/or archeological significance of the proposed historic site resource, historic district, or archeological 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 City of Miami Page 11 of 26 Printed On: 6/15/2007 File Number.- 07-00626zt 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. Archeological zone boundaries shall generally conform to natural physiographic features which were the focal points for prehistoric and historic activities or may be drawn along property lines, streets, or geographic features to facilitate efficient management. c. interiors. Interior spaces that have exceptional architectural, artistic, or historic importance and that are customarily open to the public may be subject to regulation under this chapter. The designation report shall describe precisely those features subject to review and shall set forth standards and guidelines for such regulations. Interior spaces not so described shall not be subject to review under this chapter. (3) Notice and public hearing. The board shall conduct a public hearing to determine whether the proposed historic site -resource, historic district, or archeological zone meets the criteria set forth in subsection 23-4(a) and shall approve, amend, or deny the proposed designation. The board may rehear proposals based upon policies set forth in its rules of procedure. Ali public hearings on designations conducted by the board, except as provided in subsection 23-4(b) (1)a., and hearings on appeals of board decisions to the city commission regarding designations shall be noticed as follows: a. The owner of property or his designated agent or attorney, if any, which is the subject of such designation shall be notified by mail at least 30 days prior to the board's meeting and ten days prior to subsequent administrative appellate hearings. The owner shall receive a copy of the designation report unless there are more than 20 owners, in which case the notice shall state that a copy is available and where it may be obtained. b. An advertisement shall be placed in a newspaper of general circulation at least ten days prior to the hearing. c. Signs shall be posted pursuant to subsection 62-129(2)a, as amended, of this Code. d. Notice of the time and place of the public hearing by the board, or city commission, as the case may be, shall be sent at least ten days in advance of the hearing by mail to all owners of property within 500 feet of the property lines of the land for which the hearing is required. The applicant shall be charged the appropriate fee as sot forth in section 62 156 ter thug established for this purpose. C0r of Miami Page 12 0f 26 Printed On. 671 /2007 Fie Number 87-0O826zt 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 archeological 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 reservation officer shall fia the ro ert as a historic resource in the Cit of Miami's building department records (ARPSL (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 and any other party having an expressed interest in the property-, b. The Miami -Dade County Clerk of the Courts. (54(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 of Seca 23-7. Waivers and Exceptions for Locally Designated Historic Resources. In an effort to promote and encourage the preservation and adaptive use of locally designated resources, so designated pursuant to the provisions of Section 23-4 of this article , the Historic and Environmental Preservation Board may grant a certain exception to a use permitted in specific transects, and/or may grant certain waivers to the Miami 21 code provided that it will result in the preservation of a locally designated property. Historic -Preservation Exceptions. Bed and breakfasts may be permissible as an exception in residential transects T-4R, T-5R, and T-6R. Such uses shall be permissible only within existing structures that contribute to the historic character of the historic resource or district, as identified in the designation report prepared pursuant to Chapter 23 of 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 City of Miami Page 1.3 of -6 Printed On: 6/15/2007 mile Numbers 07-OO826zi repair, unless such structure(s) is (are) reconstructed in accordance with a certificate of appropriateness approved by the board pursuant to the provisions of chapter 23 of the Code of the City of Miami. Any use authorized pursuant to this section shall corn} ! with all re ulations a licable to the same or similar use in the most restrictive transect permitting such use: to the extent such regulations have not been modified pursuant to this section. Historic Preservation Waivers. The board may authorize certain waivers to the requirements of the underlying transect, to the extent indicated herein. a. Waivers concerning existing buildings Any building that is individually designated or is classified as a contributing building within a local historic district. as identified in the designation report, shall be permitted to be repaired,_ restored, structurally altered, or reconstructed, notwithstanding any conflicts with provisions of the underlying transect 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 transect a waiver of up to twenty (20) percent from the underlying requirements for building footprint, and preen 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 circumstances exist, such as adjacencies or shared parking that will practically alleviate concerns for off-street parking 4. Signage Historic signs shall be permitted to remain and to be repaired, restored, structurally altered, or reconstructed. b. Waivers concerning additions and new buildings. 1. Waivers for new buildings or additions to existing buildings may also be authorized by the board when necessary to assure City 7f /l4iurni Page 14 of 26 Printed On: 6 15/2007 File Number. 07-QO626zf the preservation of historic resources and h#stork districts. 2. In cases where the configuration of a historic district precludes reasonable and appropriate use of the property within the underlying transect zone, a waiver of up to twenty (20) ercent from the under) in re uirements for buildin footprint. and green space may be authorized by the board. c. Procedures for granting Exceptions and 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. d. Notice and hearings, generally. The board shall notice the public hearing at which the exception and/or waiver is requested, following the same procedures as is required for a Special Certificate of Appropriateness. e. Decision of the board. The board shall make -findings -based upon the standards set forth in section 23- 8 and shall take one (1) of the following actions: Issue the special certificate of appropriateness for the exception or 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. Standards. In addition to the guidelines and standards for issuing certificates of appropriateness as set forth in Section 23-8 of the Miami City Code, the Board shall determine that the following standards have been met before reaching a decision to grant a special certificate of appropriateness: 1. The exception or waiver shall be the minimum necessary to assure the continued preservation of the historic structure; and 2. The exception or waiver shall be in harmony with the general intent and purpose of this chapter. g, Conditions and safeguards. City of Miami Page 15 of 26 Printed O, 6/1-/2007 F e Nun ber 07 00626zi In rantin an exce tion or waiver the board rra rescribe appropriate conditions and safeguards necessary to protect and further the interest of the area and abutting properties, including, but not limited to, landscape materials, walls, and fences as required buffering; modifications of the orientation of any openings; modification of site arrangements; and control of manner or hours of operation. h. Requirements for substantial rehabilitation. As a condition of granting an exception or waiver, as determined by the board at the time of granting the special certificate of appropriateness the board may require that the structure(s) for which the exception or waiver is (are) requested be substantially rehabilitated in accordance with the Florida Building Code, the National Fire Prevention Code, the U.S. Secretary of the Interior's "Standards for Rehabilitation," and any other applicable codes and regulations. i. Requirements concerning time limitations. Any certificate of appropriateness issued under this section shall be governed by the time limitations stipulated in Section 23-8(q). Sec. 23-5 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 exceptions or waivers from the provisions of the zoning code. A certificate of appropriateness shall be required for any ground disturbing activity within a designated archeological site or archeological zone or within an archeological conservation area. All certificates of appropriateness shall be subject to the applicable criteria in subsection 23-8 (h) and any other applicable criteria specified in this chapter, as amended. No permits shall be issued by the building department for any work requiring a certificate of appropriateness unless such work is in conformance with such certificate. (b) Procedures for issuing certificates of appropriateness. (1) Preapplication conference(s). Before submitting an application for a certificate of appropriateness, an applicant is encouraged to confer with the preservation officer to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data. At the request of the applicant, the preservation officer, or any member of the board, an additional preapplication conference shall be held between the applicant and the board or its designated representative. The purpose of such conference shall be to further discuss and clarify preservation objectives and design guidelines in cases that may not conform to established objectives and guidelines. In no case, however, shall any statement or representation made prior to the official application review be binding on the board, the city commission, or any city department. City of Miami Page 16 of 26 Printed On: 6115/2007 File Number: 07-00825z' (2) Application for certificate of appropriateness. The applicant shall submit to the preservation officer an application together with supporting exhibits, a-r-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 Historic and Environmental Preservation Board. (4) Special certificates of appropriateness. Where the action proposed in an application involves a major addition. alteration, relocation, or demolition, as specified by the rules of procedure of the board; or where the preservation officer finds that the action proposed in an application involving a minor alteration is not clearly in. accord with the guidelines as set forth in subsection 23-5 8(c); or when the applicant is requesting a waiver from the requirements. of the zoning.code.or requesting .an exception, the application shall be classified as a special certificate of appropriateness, and the following procedures shall govern. a. Public hearing. When a complete application is received, the preservation officer shall place the application on the next regularly scheduled meeting of the board. The board shall hold a public hearing to review the application. All public hearings on 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 an, of Miami Page 17 of 26 Printed On: 6/15/20007 Fife Number 07-OO826zt upon the guidelines set forth in subsection 23-5--8(c), as well as the general purpose and intent of this chapter and any specific design guidelines officially adopted for the particular historic site resource, historic district, or archeological 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; 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 archeological site, archeological zone, or archeological conservation area, pursuant to the provisions of subsection 23-5(c)(5). 5 fission for a certificate of appropriatenese for any work that is No. 11000, the zoning ordinance of the city, as amended. 5, Issuance of a written communication prepared by the Historic Preservation Officer to the Director of the Planning Department and the Zoning Administrator that sets out the exact parameters for their waiver (s) from the provisions of the Miami 21 code and the reasons wherefore, and/or their decision as to the exception allowed within a certain transect, and their reasons wherefore. c. Time limitations. if no action is taken upon an application by the board within 60 calendar days, excluding those days within the month of August, from the receipt of a complete application, such application shall be deemed to have been approved, and the preservation officer shall authorize issuance of any permit dependent upon such certification, if otherwise lawful, recording as authorization City of Miami Page 18 426 Printed On: 6/15/2007 Hie NLgnber 0T-QO625zi the provisions of this section. This time limit may be waived at any time by mutual consent of the applicant and the board. d. Records. Written copies of all decisions and certificates of appropriateness shall be filed with the planning ar z©n ag department. e. Appeals. The applicant: the planning and zoning department, or any aggrieved party may appeai to the city commission any decision of the board on matters relating to certificates of appropriateness by filing within 15 calendar days after the date of the decision a written notice of appeal with the hearing boards department, with a copy to the preservation officer. The notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee of $500.00. The city commission shall hear and consider all facts material to the appeal and render a decision promptly. The city commission may affirm, modify, orreverse the board's decision. The decision of the city commission shall constitute final administrative review, and no petition for rehearing or reconsideration shall be considered by the city. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. f. Changes in approved work. Any change in work proposed subsequent to the issuance of a certificate of appropriateness shah be reviewed by the preservation officer. If the preservation officer finds that the proposed change does not materially affect the property's historic character or that the proposed change is in accord with approved guidelines, standards, and certificates of appropriateness, the officer may issue a supplementary standard certificate of appropriateness for such change. If the proposed change is not in accord with guidelines, standards, or certificates of appropriateness previously approved by the board, a new application for a special certificate of appropriateness shall be required. g- Conditional uses and deviations. The board shall i ue special certificates of a zoning ordinance of the city, as amended. (5-Ag) Expiration of certificates of appropriateness. Any certificate of appropriateness issued pursuant to the provisions of this section shall expire 12 months from the date of issuance, unless the authorized work is commenced within this time period, or a building permit has been obtained. The preservation officer may grant an extension of time not to exceed six months twelve months upon written request by the applicant, unless the board's guidelines as they may relate to the authorized work have been amended. .(a)(h) Guidelines for issuing certificates of appropriateness. (1) Alteration of existing structures, new construction. City of Miami Page 19 of 26 Printed On: 6/15/2007 Fite fVumber.- O-QQ826z 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. As application for a waivers) from the Miami 21 Code will be made on forms provided by the Planning Department, and will be processed and noticed in accordance with the procedures for a Special Certificate of Appropriateness. 2)(4) Demolition of existing structures. a. Decisions of the board to issue, deny or issue with a deferred effective date applications for certificates of appropriateness for demolition shall be based upon the following criteria: The degree to which the structure contributes to the historic and/or architectural significance of 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 City of Miami Page 20 of 26 Printed On: 6/1 i/2007 File Number 07.00a26zt 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. {(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 oppropriatoncsw approval shall be granted for Cit ' of Miami Page 21 of 26 Printed On: 6'15/2007 Fite Number_: O7-OO826zt removal, relocation, concealment or effective destruction by damage of any contributing landscape features identified in the designation report unless one of the following conditions exists: 1. The landscape feature is located in the buildable area or yard area where a structure may be placed and unreasonably restricts the permitted use of the property; or 2. The landscape feature is inappropriate in a historic context or otherwise detracts from the character of the historic site or historic district; or 3. The landscape feature is diseased, injured, or in danger of falling; unreasonably interferes with utility service; creates unsafe vision clearance; or conflicts with other applicable laws and regulations. b. As a condition of granting the certificate of appropriateness, the applicant may be required to relocate or replace identified landscape features. + i Ground disturbing activity in archaeological zones, archaeological sites, or archaeological conservation areas. a. No certificate to dig shall be issued for new construction, excavation, tree removal, or any other ground disturbing activity until the city's archeologist staff has reviewed the application, evaluated the scope and determined whether or not the matter should be brought to the board for their review, made its werk-.- 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 archeologist approved by the board. 2. An archeological survey at the applicant's expense conducted by an archeologist approved by the board containing an assessment of the significance of the archeological site and an analysis of the impact of the proposed activity on the archeological site. 3. Proposal for mitigation measures. 4. Protection or preservation of all or part of the archeological site for green space, if the site is of exceptional importance and such denial would not unreasonably restrict the primary use of the property. b. The board may issue a certificate of appropriateness to dig with a CTity of Miami Page 22 of 26 Printed On: 6/15/2007 Fife Nu e-r. o7-9 826z delayed effective date of up to 45 calendar days to allow any necessary site excavation or assessment. -)(8) Unreasonable or undue economic hardship. a. Where strict enforcement of the provisions of this section would result in an unreasonable or undue economic hardship to the applicant, the board shall have the power to vary or modify the provisions of this section, including adopted guidelines. The fact that cornpliance would result in some increase in costs shall not be considered unreasonable or undue economic hardship if the use of the property is still economically viable. b. Any applicant wishing to assert unreasonable or undue hardship must submit as a part of the application for a certificate of appropriateness a written statement presenting the factual data establishing such economic hardship. The written statement presenting factual data shall be in the form of a sworn affidavit containing the following information: 1. The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased; 2. The assessed value of the land and improvements thereon according to the three most recent assessments; 3. The amount of real estate taxes for the previous three years: 4. Ail 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 City of Miami Page 23 of 26 Printed On: 6/15/2007 Fife Number ' 7-O0826zt ues o#the poperty; c. 1 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. 23-9. Administration, enforcement, violations, and penalties. (a) Ordinary maintenance and repair. Nothing in this chapter shall be construed to prevent or discourage the ordinary maintenance or repair of any structure when such maintenance or repair does not constitute an alteration, or to prevent the ordinary maintenance of landscape features. (b) Enforcement of maintenance and repair provisions. When the board or preservation officer determines that any designated property is endangered by lack of maintenance and repair, or that any other property in visual proximity to a designated property lacks maintenance and repair to such an extent as to detract from the character of the designated property, the board or officer may request appropriate officials or agencies of the city to require correction of such deficiencies under authority of applicable laws and regulations. (c) Unsafe structures. In the event the building official of the city determines that any designated property is unsafe pursuant to chapter 8.5 of the Code of Miami -Dade County, Florida, as amended, he shall immediately notify the board with copies of such findings. Where reasonably feasible within applicable laws and regulations, the building official shall endeavor to have the structure repaired rather than demolished and shall take into consideration any comments and recommendation of the board. The board may take appropriate actions to effect and accomplish preservation of such structure, including, but not limited to, negotiations with the owner and other interested parties, provided that such actions do not interfere with the procedures in chapter 8.5 of the Code of Miami -Dade County, Florida, as amended. (d) Emergency conditions. For the purpose of remedying emergency conditions determined to be imminently dangerous to life, health, or property, nothing contained herein shall prevent any temporary construction, reconstruction, demolition, or other repairs to a designated property, pursuant to an order of a government agency or a court of competent jurisdiction, provided that only such work as is reasonably necessary to correct the emergency condition may be carried out. The owner of a structure damaged by fire or natural calamity may stabilize the structure immediately and rehabilitate it later under the provisions of this chapter. (e) Enforcement. The building department and the code inspectors as defined in section 2-813 shall assist the board by making necessary inspections in connection with the Cin.' of Miami Page 24 of 26 Printed On: 6/15/2007 File Number: 07-OO826zt enforcement of this chapter. The building department shall be responsible for promptly stopping any work attempted to be done without or contrary to any certificate of appropriateness required under this chapter; and shall further be responsible for ensuring that any work not in accordance with a certificate of appropriateness is voluntarily corrected to comply with said certificate. (f) Violations and penalties. Any person who carries out or causes to be carried out any work in violation of this chapter shall be required to restore the locally designated property either to its appearance prior to the violation or in accordance with a certificate of appropriateness approved by the board. The following procedures shall govern: (1) Referral to preservation board. The building department and code inspectors as defined in section 2-813 shall refer all violations to the board, unless such violation is voluntarily corrected to comply with a previously issued certificate of appropriateness. (2) Preservation board public hearing. The board shall conduct a public hearing with notice as set forth in subsection 23-5(b)(1)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-) (7) and shall take one of the following actions: a. Reaffirmation of a previously issued certificate of appropriateness; b. Issuance of an amended special certificate of appropriateness with specified modifications and conditions; or c. Issuance of a new special certificate of appropriateness with specified conditions. The board may specify a reasonable limitation of time within which the work authorized by the certificate of appropriateness shall be commenced or completed, or both. Appeals of any decision of the board related to certificates of appropriateness shall follow the same procedures as set forth in subsection 23-5(b)(4)e. (4) Referral to code enforcement board. If the work authorized by any certificate of appropriateness issued pursuant to subsection 23 6-4434 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. GO; of Miami Page 25 of 26 Printed On: 6/1.5/2007 File t.hj fiber L'7-OQ82fzt (h) Application equally to private parties and public bodies. The provisions of this chapter shall apply equally to plans, projects, or work executed or assisted by any private party, governmental body or agency, department, authority, or board of the city, county, or state. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 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} APPROVED AS TO FORM AND CORRECTNESS`' JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. C'in' oj:M17iand Page 26 of 26 Printed On: 6/15/2007