HomeMy WebLinkAboutOrdinanceCity of Miami
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Ordinance
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Miami, FL 33133
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File Number: 07-00826zt Final Action Date: 10/28/2009
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 ("MIMO")/BISCAYNE BOULEVARD HISTORIC DISTRICT MAY
SELL BASE UNUSED DEVELOPMENT RIGHTS; (2) REQUIRING BENEFIT FROM
SUCH TRANSFER TO BE USED FOR FUTURE IMPROVEMENTS AND
MAINTENANCE 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 ATRACKING 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
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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
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distinctive elements of the city's historic, cultural, archeological,
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 sites 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.
a) 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.
gj Provide a mechanism whereby the Historic and Environmental Preservation
Board may, in the interests of historic preservation, waive up to 20% 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.
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.
L5j 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.
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Provide an incentive for historic resources and those deemed "eligible"
known as "Transfer of Development Rights for Historic Resources"
M 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 Historic and
Environmental Preservation Board's review of the application.
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 over 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
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
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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. ° geographically definer! 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. 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. Archeological sites may be found within
archcological zones, historic sites, or historic districts.
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, ground disturbing 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. A government satisfying the requirements of the U.S.
National Historic Preservation Act amendments of 1980 ( Public Law 96-515) and the
implementing of regulations of the Department of the Interior and the State of Florida.
Contributing structure/landscape feature. A structure or which by location, design,
place and historical development of a historic site or historic district.
Contributing resource/landscape feature. A building, landscape feature, site,
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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.
Demolition. The complete destruction of a structure, or any part thereof.
Designated property; designated historic site; designated historic district;
designated archeological zone. A historic site, historic district, or archeological zone
designated pursuant to either this chapter or article 16 of Ordinance No. 9500, the
environmental preservation 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; 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.
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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
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.
historically related complex of structures or sites, which has a special character or a
special historic or aesthetic interest or value as part of the heritage of the city. The
whether standing, ruined, ruined or vanished, or a vanished structure, where the location
value of any existing structure.
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.
Infill. New construction that has been designed and built to replace missing
structures or otherwise fill gaps in the streetscape of a historic district.
Interim protection measure. The interim period of time needed to protect a property
from demolition, relocation, alteration, or new construction until such period of time
provided by law passes for the property to be considered for designation as a historic site,
historic district, or 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.
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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 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.
Non -Contributing Resource. A building, landscape feature, object, structure, or
archeological resource that does not add to the historic architectural qualities, 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 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 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
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Miami City Code.
Sending Property: The qualifying historic resource that is selling its unused base
development rights to the receiving property.
Site. The location of a significant event, a prehistoric or historic occupation or
activity, or a structurc, whcthcr standing, ruined, or vanished, where the location itself
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 base development rights to another party upon a binding 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 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
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distinctive architectural styles;
(5) Embody those distinguishing characteristics of an architectural style, or period,
or method of construction;
(6) Are an outstanding work of a prominent designer or builder;
(7) Contain elements of design, detail, materials, or craftsmanship of outstanding
quality or which represent a significant innovation or adaptation to the South
Florida environment; or
(8) Have yielded, or may be likely to yield, information important in prehistory or
history.
b. Criteria Exceptions. Ordinarily cemeteries, birth places, or graves of historical
figures, properties owned by religious institutions or used for religious purposes, structures
that have been moved from their original locations, reconstructed historic buildings,
properties primarily commemorative in nature and properties that have achieved
significance within the past fifty (50) years shall not be considered eligible for listing in the
Miami Register of Historic Places. However, such properties will qualify for designation if
they are integral parts of districts that do meet the criteria, or if they fall within the following
categories:
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
0 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
0 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
Oj A reconstructed building when accurately executed in a suitable
environment and presented in a dignified manner as part of a restoration
master plan and no other building or structure with the same association
has survived; or
A property primarily commemorative in intent if design, age, tradition, or
symbolic value has invested it with its own exceptional significance; or
A property achieving significance within the past fifty (50) years if it is of
exceptional importance; or
A religious property deriving primary significance from architectural or
artistic distinction or historical importance.
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(b)(c) Procedures for deignation. Poperties which meet the criteria set forth in subsection 23
-4(a) may be designated as historic cites 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 cit commissione planning
and zoning department, any other city department, agency, or board, the
Miami Dade County historic preservation board, or any interested citizen,
organization, agency, association, board, or business entity. 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, 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 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 23-5. 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 6(f).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
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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
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 cite 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. All public hearings
on designations conducted by the board, except as provided in subsection 23-4(b)
(1)a., and hearings on appeals of board decisions to the city commission regarding
designations shall be noticed as follows:
a. The owner of property or his designated agent or attorney, if any, which
is the subject of such designation shall be notified by mail at least 30 days
prior to the board's meeting and ten days prior to subsequent administrative
appellate hearings. The owner shall receive a copy of the designation report
unless there are more than 20 owners, in which case the notice shall state
that a copy is available and where it may be obtained.
b. An advertisement shall be placed in a newspaper of general circulation
at least ten days prior to the hearing.
c. Signs shall be posted pursuant to subsection 62-129(2)a, as amended,
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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 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 preservation officer shall flag the property as a historic resource in the City
of Miami's building department records (ARPS).
(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.
{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 officer. Such notice
of appeal shall set forth concisely the decision appealed from and the reasons or
grounds for the appeal. Each appeal shall be accompanied by a fee of $500.00,
plus $3.50 per mailed notice required pursuant to subsection 23-4(b)(3). The city
commission shall hear and consider all facts material to the appeal and render a
decision promptly. The city commission may affirm, modify, or reverse the board's
decision. Any decision to reverse the board's decision shall require a three -fifths
vote of all members of the city commission. Appeals from decisions of the city
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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.
{6)(8) Amendments. The board may amend any designation by following the
same procedures as set forth in this section. The board may likewise rescind any
designation if the structure or feature of principal historic significance has been
demolished or destroyed.
(c)(d) Effect of designation. Upon designation, and thereafter, the provisions of
section 2-3-5 23-8 shall apply.
Sec. 23-5. Nomination to the National Register of Historic Places.
(a) Responsibilities under the certified local government program. As part of the
duties under the certified local government program, the historic and environmental
preservation board shall receive all nominations to the National Register of Historic Places
for any properties located within the City of Miami, following the regulations of the Florida
Division of Historical Resources.
(b) Notice requirements. The historic and environmental preservation board shall give
notice to the owner of the property at least thirty (30) days but not more than seventy-five
(75) days prior to the historic preservation board meeting at which the nomination will be
considered. The historic preservation board shall also obtain a written recommendation
from the city commission and the Miami -Dade Board of County Commissioners as to
whether or not each property should be nominated to the National Register, and these
recommendations shall be given to the historic preservation board within thirty (30) days.
(c) Owner notification and requirements for comment. The historic and environmental
preservation board shall obtain comments from the public that shall be included in the
report making a recommendation. Objections to being listed in the National Register by
property owners must be notarized and filed with the historic preservation office. Within
thirty (30) days after its meeting, the historic preservation and environmental preservation
board shall forward to the State historic preservation officer its action on the nomination
and the recommendations of the local officials. Appropriate local officials, the owner and
the applicant shall be notified of the historic and environmental preservation board's
actions.
(d) Referral to the Florida State Historic Preservation Officer. The state historic
preservation officer will take further steps on the nomination in accordance with federal
and state regulations. If either the historic and environmental preservation board or local
officials or both support the nomination, the state historic preservation officer will schedule
the nomination for consideration by the state review board for the National Register at its
next regular meeting. If both the historic and environmental preservation board and the
local officials recommend that a property not be nominated to the National Register, the
state historic preservation officer will take no further action on the nomination unless an
appeal is filed with the state historic preservation officer.
Sec. 23-6. Transfer of Development Rights for Historic Resources; Provision for a
Determination of Eligibility Process, and Special Provisions for
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Resources within the Miami Modern (MiMo)/Biscayne Boulevard
Historic District.
It is the intent of this section to encourage the preservation of historic resources by
creating a vehicle whereby the otherwise unusable base development rights for historic
resources may be converted into an asset that may be sold to a receiving property, where
the development is not constricted by historic preservation objectives.
Oj Qualifying Properties (Sending Sites).
(1) A property is automatically eligible to sell their unused base development rights
if they are located in a Transect T- 4 0 zone or higher if they are classified
as one 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 Chapter 23, Miami City Code;
d. Listed as a contributing property within a local historic district under the
provisions of Chapter 23, Miami City Code;
e. Qualified as an "eligible historic resource" by the Planning Director, after
having met the criteria for eligibility and so certified by the Historic
and Environmental Preservation Board.
(2) A multi -family residential structure in Transect T4 R, shall be eligible for the TDR
program, only in the event it is:
a. Individually listed in the National Register of Historic Places
b. Individually listed in the Miami Register of Historic Places.
c. Certified by the Historic and Environmental Preservation Board and
qualified by the Planning Director as meeting the eligibility
requirements for an individually significant resource.
(3) 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 (B).
(b) Miami Modern (MiMo)/Biscayne Boulevard Historic District.
On June 6, 2006 the Historic and Environmental Preservation Board
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.
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As the MiMo/Biscayne Boulevard Historic District is the only overwhelmingly
commercial historic district in the city, it is deemed deserving of special considerations not
applicable to the residential historic districts.
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 new construction and improvements or remodelings to existing
structures so that they either return to the classic types prevalent during the historic period
of significance, or represent an improvement that maintains the high standards of
appearance for the entire historic district.
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 will prompt 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 period of significance
represented in the district (1924-1956);
c. Architectural design that complements the historic building types and
vocabulary which include:
Mediterranean Revival
ii. Art Moderne
Hi. Art Deco
iv. Miami Modern (MiMo).
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 Historic and Environmental Preservation Board.
(c) Qualification as an Eligible Historic Resource: Requirements and Process.
A property may be determined eligible for local historic designation in order to
take advantage of the Transfer of Development Rights provisions, provided that it
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 sixty (60) years
old and maintain its physical integrity so that it sufficiently conveys its original
character; possess integrity of design, setting, material, workmanship, feeling and
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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 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 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
g_ 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
Historic Preservation and Environmental Board 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;
g_ bibliography of historical records used in the research, as applicable;
h. written evaluation of the property's significance using the criteria
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established in Section 23-4(a)(1-8);
other information as deemed necessary by the Planning Director;
and
L the fee as established in Chapter 62, Article VI, of the Miami City Code.
3. Review for Certification of an Eligible Historic Resource. Once the application
for a Determination of Eligibility has been deemed complete, the Historic
Preservation Officer shall schedule the application before the next regularly
scheduled meeting of the Historic and Environmental Preservation Board. 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:
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.
Should the Historic and Environmental Preservation Board 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 summary report stating
those findings will be prepared and submitted to the Planning Director for final
qualification.
4. Qualification by the Planning Director.
a. if the Planning Director concurs with the findings of the Historic and
Environmental Preservation Board, the property will be qualified as
"historically significant" and a document so stating prepared. The
document shall be recorded in the Public Records of Miami -Dade
County.
b. if the Planning Director fails to concur with the findings of the Historic
and Environmental Preservation Board, the Director will issue a
written explanation stating the reasons for their non -concurrence.
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5. Appeals from the Decision of the Planning Director. Appeals shall be made
directly to the Miami City Commission.
6. Requirement for Local Historic Designation. A resource classified as an
"Eligible Historic Resource" may apply for the Transfer of Development Rights
incentive either following the determination of eligibility, or concurrently with the
application for the determination of eligibility. Should the applicant apply for and
receive a Certificate of Transfer, 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 Historic and Environmental Preservation Board's
recommendation declaring the property eligible. When the Certificate of Transfer is
executed, the property owner will also covenant with the city to have the property
locally designated.
Calculations of Available Development Rights (Sending Property).
1. For those properties so qualified under the terms of Section 23-6 (1) and (2),
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, 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, 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 21 code.
(e) Certificate of Transfer (Receiving Property)
The Planning Director may administratively grant the transfer of the base unused
development rights for historic resources eligible under this section by issuing a Certificate
of Transfer.
(1) Restrictions.
a. The TDRs may only be used in T-6 transects where the public benefits
bonus is allowed.
b. In no case shall the TDRs be used to exceed the maximum base
development rights and the potential bonuses of the receiving
property.
c. In no case shall the Certificate of Transfer be issued until the
requirements for the preservation of the sending property have been
met, and a restrictive covenant filed in the Public Records of
Miami -Dade County. All such covenants shall be reviewed by the
city's Law Department for form, and by the city's Planning
Department for content. The Miami -Dade County Property
Appraiser's office will be copied on all such transactions.
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(f). Requirements for the Preservation of Eligible Historic Resources (Sending Properties)
Using the Provisions of the TDR.
The purpose of this incentive is to insure that historic resources are preserved for
the public benefit into the foreseeable future. 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)
g_ Elevators ( if applicable)
h. HVAC System
i_ Plumbing
L Electrical
k. Fire Protection/Life Safety Systems ( if any)
Handicapped Accessibility
(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 provie:
par a. A prioriized schedule that identifies those eleents in substandard
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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 to
property.
pard
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.
Sec. 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.
1. 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
repair, unless such structure(s) is (are) reconstructed in accordance with a
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certificate of appropriateness approved by the board pursuant to the provisions of
chapter 23 of the Code of the City of Miami. Any use authorized pursuant to this
section shall comply with all regulations applicable to the same or similar use in the
most restrictive transect permitting such use; to the extent such regulations have
not been modified pursuant to this section.
2. 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
1. Any building that is individually designated or is classified as a
contributing building within a local historic district, as
identified in the designation report, 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 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 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
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also be authorized by the board when necessary to assure
the preservation of historic resources and historic 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)
percent from the underlying requirements for building
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:
1. 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.
f. Standards.
In addition to the guidelines and standards for issuing certificates of
appropriateness as set forth in Section 23-8 of the Miami City Code, the
Board shall determine that the following standards have been met before
reaching a decision to grant a special certificate of appropriateness:
1. The 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.
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g_ Conditions and safeguards.
In granting any exception or waiver, the board may prescribe
appropriate conditions and safeguards necessary to protect and further the
interest of the area and abutting properties, including, but not limited to,
landscape materials, walls, and fences as required buffering; modifications
of the orientation of any openings; modification of site arrangements; and
control of manner or hours of operation.
h. Requirements for substantial rehabilitation.
As a condition of granting 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(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 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
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made prior to the official application review be binding on the board, the city
commission, or any city department.
(2) Application for certificate of appropriateness. The applicant shall submit
to the preservation officer an application together with supporting exhibits,
and other materials, and any applicable fees as required by the rules of
procedure of the board. No application shall be deemed to be complete until
all supporting materials required have been provided and any established
fees paid.
(3) Standard certificates of appropriateness. Where the action proposed in
an application is a minor improvement, as specified by the rules of
procedure of the board, and is in accord with the guidelines for issuing
certificates of appropriateness as set forth in subsection 23-5 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; o-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. The applicant may also request that his
application be classified as a special certificate of appropriateness.
a. Public hearing. When a complete application is received, the
preservation officer shall place the application on the next regularly
scheduled meeting of the board. The board shall hold a public
hearing to review the application. All public hearings on certificates
of appropriateness conducted by the board and hearings on appeals
of board decisions to the city commission regarding certificates of
appropriateness shall be noticed as follows:
1. The applicant shall be notified by mail at least ten
calendar days prior to the hearing.
2. Any individual or organization requesting such notification
and paying any established fees therefore shall be
notified by mail at least ten calendar days prior to the
hearing.
3. An advertisement shall be placed in a newspaper at least
ten calendar days prior to the hearing.
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4. Any additional notice deemed appropriate by the board.
b. Decision of the board. The decision of the board shall be based
upon the guidelines set forth in subsection 23-5-8(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;
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
archeological site, archeological zone, or
archeological 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-u+se special
permit (MUSP), pursuant to article 17 of Ordinance
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
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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.
d. Records. Written copies of all decisions and certificates of
appropriateness shall be filed with the planning and zoning
department.
e. Appeals. The applicant, the planning and zoning department, or
any aggrieved party may appeal to the city commission any decision
of the board on matters relating to certificates of appropriateness by
filing within 15 calendar days after the date of the decision a written
notice of appeal with the hearing boards department, with a copy to
the preservation officer. The notice of appeal shall set forth concisely
the decision appealed from and the reasons or grounds for the
appeal. Each appeal shall be accompanied by a fee of $500.00. The
city commission shall hear and consider all facts material to the
appeal and render a decision promptly. The city commission may
affirm, modify, or reverse the board's decision. The decision of the
city commission shall constitute final administrative review, and no
petition for rehearing or reconsideration shall be considered by the
city. Appeals from decisions of the city commission may be made to
the courts as provided by the Florida Rules of Appellate Procedure.
f. Changes in approved work. Any change in work proposed
subsequent to the issuance of a certificate of appropriateness shall
be reviewed by the preservation officer. If the preservation officer
finds that the proposed change does not materially affect the
property's historic character or that the proposed change is in accord
with approved guidelines, standards, and certificates of
appropriateness, the officer may issue a supplementary standard
certificate of appropriateness for such change. If the proposed
change is not in accord with guidelines, standards, or certificates of
appropriateness previously approved by the board, a new
application for a special certificate of appropriateness shall be
required.
g Conditional uses and deviations. The board sha +slue special
certificates of appropriateness for conditional -uses and deviations,
pursuant to the provisions of article 7 of Ordinance No. 11000, the
zoning ordinance of the city as amended
{5}{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
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permit has been obtained. The preservation officer may grant an
extension of time not to exceed six months twelve months upon
written request by the applicant, unless the board's guidelines as
they may relate to the authorized work have been amended.
{c)j 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. As application for a waiver(s)
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:
1. The degree to which the structure
contributes to the historic and/or
architectural significance of the historic
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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.
Relocation of existing structures. Relocation of historic structures
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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.
Removal of landscape features.
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 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.
{5)(7) Ground disturbing activity in archaeological zones, archaeological
sites, or archaeological conservation areas.
a. No certificate of appropriateness 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
recommendation ( ) concerning the required scope of archeological
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 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
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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 delayed effective date of up to 45 calendar days to allow any
necessary site excavation or assessment.
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:
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
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received, if any;
6. For income producing property only, a profit and loss
tatementfor the property containing the annual gross
incomefor the previous three years; itemized expnses,
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
ues ofthe poperty;
pard
c. I the event that any of the required information is not reasonably
available to the applicant or cannot be obtained, the applicant shall
file with the affidavit a statement of the information that cannot be
obtained and shall describe the reasons why such information is
unavailable.
d. Notwithstanding the submission of the above information, the board may
require, at the applicant's expense, additional evidence, including,
but not limited to, architectural, structural and/or financial evaluations
or studies as are reasonably necessary in the opinion of the board to
determine the economic feasibility of rehabilitation of the structure.
Sec. 23--6 23-9. Administration, enforcement, violations, and penalties.
(a) Ordinary maintenance and repair. Nothing in this chapter shall be construed to
prevent or discourage the ordinary maintenance or repair of any structure when such
maintenance or repair does not constitute an alteration, or to prevent the ordinary
maintenance of landscape features.
(b) Enforcement of maintenance and repair provisions. When the board or
preservation officer determines that any designated property is endangered by lack of
maintenance and repair, or that any other property in visual proximity to a designated
property lacks maintenance and repair to such an extent as to detract from the character
of the designated property, the board or officer may request appropriate officials or
agencies of the city to require correction of such deficiencies under authority of applicable
laws and regulations.
(c) Unsafe structures. In the event the building official of the city determines that
any designated property is unsafe pursuant to chapter 8.5 of the Code of Miami -Dade
County, Florida, as amended, he shall immediately notify the board with copies of such
findings. Where reasonably feasible within applicable laws and regulations, the building
official shall endeavor to have the structure repaired rather than demolished and shall take
into consideration any comments and recommendation of the board. The board may take
appropriate actions to effect and accomplish preservation of such structure, including, but
not limited to, negotiations with the owner and other interested parties, provided that such
actions do not interfere with the procedures in chapter 8.5 of the Code of Miami -Dade
County, Florida, as amended.
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(d) Emergency conditions. For the purpose of remedying emergency conditions
determined to be imminently dangerous to life, health, or property, nothing contained
herein shall prevent any temporary construction, reconstruction, demolition, or other
repairs to a designated property, pursuant to an order of a government agency or a court
of competent jurisdiction, provided that only such work as is reasonably necessary to
correct the emergency condition may be carried out. The owner of a structure damaged by
fire or natural calamity may stabilize the structure immediately and rehabilitate it later
under the provisions of this chapter.
(e) Enforcement. The building department and the code inspectors as defined in
section 2-813 shall assist the board by making necessary inspections in connection with
the enforcement of this chapter. The building department shall be responsible for promptly
stopping any work attempted to be done without or contrary to any certificate of
appropriateness required under this chapter; and shall further be responsible for ensuring
that any work not in accordance with a certificate of appropriateness is voluntarily
corrected to comply with said certificate.
(f) Violations and penalties. Any person who carries out or causes to be carried
out any work in violation of this chapter shall be required to restore the locally designated
property either to its appearance prior to the violation or in accordance with a certificate of
appropriateness approved by the board. The following procedures shall govern:
(1) Referral to preservation board. The building department and code
inspectors as defined in section 2-813 shall refer all violations to the board,
unless such violation is voluntarily corrected to comply with a previously
issued certificate of appropriateness.
(2) Preservation board public hearing. The board shall conduct a public
hearing with notice as set forth in subsection 23 5(b)(4)a. 23-7(4)(a).
(3) Decision of preservation board. The board shall make findings based
upon the provisions of this section and the guidelines set forth in subsection
23-5(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
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certificate of appropriateness issued pursuant to subsection 23 6(f}(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.
*11
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.
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