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Miami, Florida, Code of Ordinances » PART II - THE CODE » Chapter 23 - HISTORIC PRESERVATION
» ARTICLE I. HISTORIC PRESERVATION »
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Sec. 23-1. Intent and purpose.
Sec. 23-2. Definitions,
Sec. 23-3. Historic and environmental preservation board; preservation officer.
Sec. 23-4. Designation of historic resources. historic districts, and archaeological sites and zones.
Sec. 23-5. Nomination to the national register off historic places.
Sec. 23-6. Transfer of development rights for historic resources: provision for a determination of eligibility process. and
special provisions for resources within the Miami Modem (MiMo)Biscavne Boulevard Historic District: prohibiting
certain uses: and establishing a 35-foot height limit.
Sec. 23-6.1. Waivers, exceptions and exclusions for locally designated historic resources.
Sec. 23-6.2. Certificates of appropriateness.
Sec.23-6.3. Administration, enforcement. violations. and penalties.
Sec. 23-6.4. Signage.
Sec. 23-1. Intent and purpose.
(a) The intent of this chapter is to preserve and protect the heritage of the city through the
identification, evaluation, rehabilitation, adaptive use, restoration, and public awareness of
Miami's historic, architectural, and archaeological resources. This chapter is further intended
to:
(1) Effect and accomplish the protection, enhancement, perpetuation, and use of
structures, landscape features, archaeological and pale ontological resources, areas,
neighborhoods, and scenic vistas which represent distinctive elements of the city's
historic, cultural, archaeological, pale ontological, aesthetic, and architectural heritage.
(2) Foster civic pride in the accomplishments of the past.
(3) Protect and enhance the aesthetic and environmental character, diversity, and interest
of 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 resources, historic districts, and archaeological sites and
zones for the education, pleasure, and welfare of the people of the city.
The purpose of this chapter is to:
(1) Provide the framework and legal mechanism for identifying and designating those
properties that have major significance in the city's historic, cultural, archaeological,
paleontological, aesthetic, and architectural heritage.
(2) Provide a mechanism whereby the HEPB may, in the interest of historic preservation,
waive certain zoning requirements pertaining to minimum lot size, setbacks, minimum
lot widths, building footprint, green space, off-street parking and/or loading
requirements, for those existing structures deemed individually significant, or
"contributing" within a designated historic district.
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Provide a mechanism whereby the HEPB may, in the interests of historic
preservation, waive up to 20 percent of the underlying zoning district requirements for
building footprint or green space, for either an addition to an existing locally -
designated historic resource, or a "contributing" building within a historic district.
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, relocated, structurally altered, or
reconstructed.
(5) Through the historic preservation exception or exclusion, provide mechanisms for the
granting of certain uses 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" by the city
HEPB for historic designation, known as 'Transfer of Development Rights for Historic
Resources."
(7) 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 city 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 govemed by the requirements of the state division of historical resources.
(9) Assure that alterations and new construction within designated historic sites, historic
districts, and archaeological zones are compatible with the property's historic
character.
(c) Pursuant to subsection 16A-3(2)(c) of the Code of Miami -Dade County, Florida, the city
expressly reserves and retains jurisdiction over archaeological zones and sites within the
city.
(Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2, 10-22-09; Ord. No. 13180, § 2, 5-27-10)
(3)
(4)
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 physical changes to a
historic resource that is conducted by the board concurrently with a request for historic designation.
Adaptive use. The process of converting a building to a use other than that for which it was
designed.
Addition. A construction project physically connected to the exterior of a building.
Alteration. Any change affecting the exterior appearance of a structure or its setting by
additions, reconstruction, remodeling, or maintenance involving change in color, form, texture,
signs, or materials, or any such changes in appearance of designated interiors.
Applicant. The owner of record of a property and/or structures located thereon, or their
authorized representative.
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Application, complete. An application for approval sought pursuant to this chapter shall be
deemed complete if it is on a form approved by the city and all applicable information is provided by
the applicant on the form, or attachment(s), as applicable or necessary, at the time of its filing and
all required fees are paid.
Archaeological conservation area. A geographically defined area delineated in the Miami
comprehensive neighborhood plan on the future land use plan map series entitled "Historic District
Boundaries and Historically Significant Properties Meriting Protection" where the probability of sub-
surface artifacts is considered likely.
Archaeological site. A single specific location which has yielded or is likely to yield
information on local history, prehistory, or paleontology, and which has been designated as such
through the provisions of this chapter.
Archaeological zone. A geographically defined area which may reasonably be expected to
yield information on local history, prehistory, or paleontology based upon broad prehistoric or
historic settlement pattems, and which has been designated as such through the provisions of this
chapter.
Certificate of appropriateness. A written document, issued pursuant to this article, permitting
specified alterations, demolitions, or other work; or to allow certain waivers from the criteria set forth
in the zoning ordinance and this chapter.
Certificate of approval. A written document permitting tree removal or development activity
within those areas identified and established as environmental preservation districts or scenic
- • ctransportation corridors.
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o a 3. Certificate of transfer. A written document issued by the Planning Director to the eligible
a ^' a historic resource (sending site), stipulating the amount of area available for transfer.
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3 3 ▪ c Certificate to dig. A written document permitting certain ground disturbing activities, such as
CI c o filling, grading, swimming pool excavation and the removal of vegetation or trees that may involve
is.)3 .o the discovery of as yet unknown or known archaeological resources within a designated
fD & archaeological site or zone.
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Certified local government. A govemment satisfying the requirements of the U.S. National
Historic Preservation Act amendments of 1980 (Public Law 96-515) and the implementing of
applicable regulations of the department of the interior and the state.
Contributing resource4andscape feature. A building, landscape feature, site, structure or
object that adds to the historical/architectural qualities, historic associations, or archaeological
values for which a district is significant because: it was present during the period of significance of
the district, and possesses historic integrity, reflecting its character at that time; or it is capable of
providing important information about the period; or it independently meets the National Register of
Historic Places criteria for evaluation set forth in 36 CFR Part 60.4 incorporated by reference.
Cultural facility. A place established for the advancement of culture, including but not limited
to: art, dance, music, literature and other intellectual and performance activities.
Demolition. The complete destruction of a structure, or any part thereof.
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Demolition by neglect. The deliberate or inadvertent failure to maintain minimum
maintenance standards for those properties designated historic either individually or as a
contributing property within a historic district by action .of the historic and environmental
preservation board.
Eligible historic resource. A term used to describe archaeological sites and individual
buildings, which have,not yet been locally designated under the provisions under this chapter but
have met the eligibility criteria and been certified by the historic and environmental preservation
board as having met that criteria; so that they may take advantage of the transfer of development
rights program, providing. that their owners commit to the official local designation within a period of
one year from the board's approval of the determination of eligibility.
Environmental preservation district. Geographical areas, parcels or corridors, which have
been or may be identified in the future, established by the city commission as having significant
natural or landscape attributes in need of preservation and control because of their educational,
economic, ecological and environmental importance to the welfare of the general public and the city
as a whole, and identified in the official atlas of environmental preservation districts and scenic
transportation corridors.
Existing conditions report. A report prepared by a registered architect or engineer that
describes the current general condition of an eligible historic resource that is applying for a
certificate of transfer.
Florida master site file (FMSF). The list, or catalog, maintained by the division of historical
resources, of those recorded historical and archaeological sites and properties in the state, usually
the result of a systematic survey.
Ground disturbing activity. Any excavation, filling, digging, removal of trees, or any other
activity that may alter or reveal an interred archaeological or pale. ontological site.
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a N linkage, or continuity of sites or structures united historically or aesthetically by plan or physical
co c 8 a development.
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• O V Historic and environmental preservation atlas. The official historic and environmental----
° iv preservation atlas of the city, as amended, which shows all designated historic sites, historic
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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 exclusion. When used in this chapter, an exclusion allows for a cultural
facilities use in medium and high density multifamily (general urban) zones, when such use results
in significant preservation objectives.
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
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nation. These properties include landscape features, archaeological sites and zones, structures,
buildings, districts, and objects.
Historic sign. A sign that has demonstrated artistic, historic, cultural, and/or aesthetic value,
as determined by resolution of the HEPB.
Historic site. The location of a significant event, a prehistoric or historic occupation or activity,
or a vanished structure, where the location itself possesses historic, cultural, archaeological, or pale
ontological value.
Infill. New construction that has been designed and built to replace missing structures or
otherwise fill gaps in the streetscape of a historic district.
Interim protection measure. The interim period of time needed to protect a property building,
structure, object and/or landscape feature from demolition, relocation, alteration, or new
construction until such period of time provided by law passes for the property to be considered for
designation as a historic site, historic district, or archaeological zone.
Landscape feature. Vegetation, geological features, ground elevation, bodies of water or
other natural or environmental features.
Locally designated historic resource. Any archaeological site or zone; individual building;
structure, object, landscape feature, or historic district that has been approved for designation by
the city's HEPB, as prescribed by the provisions of this chapter, and shown in the historic and
environmental preservation atlas.
Maintenance plan. A written document submitted by the owner of an eligible historic resource
N for the transfer of development rights program, that identifies any existing deficiencies in the
3 c a 1 building along with a remediation plan for the short term, and which further identifies a plan for the
o . c. . cyclical maintenance of the building for the long term.
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co o °: Miami register of historic places. The list of locally designated historic resources that have
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c National register of historic places. The list of historic properties significant in American
`"' z T history,architecture, archaeology,
gy, engineering and culture, maintained by the Secretary of the
Interior, as established by the National Historic Preservation Act of 1966, as amended.
Non-contributing resource. A building, landscape feature, object, structure, or archaeological,
resource that does not add to the historic architectural qualities, historic associations, or
archaeological values for which a district is significant because it was not present during the period
of significance of the district; due to alterations, disturbances, additions or other changes, it no
longer possesses historic integrity reflecting its character at that time, or is incapable of yielding
important information about the period; or does not independently meet the national register of
historic places criteria for evaluation.
Ordinary maintenance or repair. Any work, the purpose and effect of which is to correct any
deterioration or decay of a structure or landscape feature, or any part thereof, by restoring it, as
nearly as may be practicable, to its condition prior to such deterioration or decay, using the same
materials or those materials available which are as close as possible to the original.
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Preservation. The act or process of applying measures to sustain the existing form, integrity,
and material of a building or structure. It may include initial stabilization work as well as ongoing
maintenance of the historic building.
Receiving site. A parcel or parcels that have increased their development rights through the
purchase and application of a historic TDR purchase.
Reconstruction. The act or process of reproducing by new construction the exact form and
detail of a vanished structure as it appeared at a specific period of time.
Rehabilitation. The act or process of retuming a property to a state of utility through repair or
alterationwhich makes possible an efficient contemporary use while preserving those portions or
features of the property which are significant to its historical, architectural, and cultural values.
Relocation. Any change of the location of a structure in its present setting or to another
setting.
Restoration. The act or process of accurately recovering the form and details of a property
and its setting as it appeared at a particular period of time by means of the removal of later work or
by the replacement of missing earlier work.
Scenic transportation corridor. Those roadways that have been identified as having a unique
landscape character and/or an expansive tree canopy that is of substantial environmental
importance to the city, as described in subsection 17-31(3).
Sending property. The qualifying historic resource that is_selling its unused base
development rights to the receiving site.
Structure. Anything constructed or erected, the use of which requires a fixed location on the
ground or attachment to something having fixed location onthe ground.
Transfer of development rights (TDR) for historic resources. The sale of the unused
development rights to another party upon a binding written commitment that results in the
restoration, rehabilitation and/or preservation of thehistoric 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 retum in the case of income
-producing properties.
(Orrl. No. 13008, § 2, 6-26-08; Ord No. 13116, § 2, 10-22-09; Ord. No. 13133, § 1, 1-28-10; Ord. No. 13180, § 2, 5-
27-10)
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, as amended,
shall carry out the duties as assigned by this chapter and other applicable laws.
(Ord No. 13008, § 2, 6-26-08)
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Sec. 23-4. Designation of historic resources, historic districts, and archaeological
sites and zones.
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(a) Criteria for designation. Properties may be designated as historic resources, historic districts,
or archaeological sites and zones only if they have significance in the historical, cultural,
archaeological, paleontological, aesthetic, or architectural heritage of the city, state, or
nation; possess integrity of design, setting, materials, workmanship, feeling, and association;
and meet one or more of the following criteria:
(1) Are associated in a significant way with the life of a person important in the past;
(2) Are the site of a historic event with significant effect upon the community, city, state,
or nation;
(3) Exemplify the historical, cultural, political, economical, or social trends of the
community;
(4) Portray the environment in an era of history characterized by one or more distinctive
architectural styles;
(5) Embody those distinguishing characteristics of an architectural style, or period, or
method of construction;
(6) Are an outstanding work of a prominent designer or builder;
(7) Contain elements of design, detail, materials, or craftsmanship of outstanding quality
or which represent a significant innovation or adaptation to the South Florida
environment; or
(8) Have yielded, or may be likely to yield, information important in prehistory or history.
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 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; _.
(2) A birthplace or grave of a local historical figure of outstanding importance if no
appropriate site or building exists directly associated with his or her productive life;
(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;
(4) A reconstructed building when accurately executed in a suitable environment and
presented appropriately as part of a restoration master plan and no other building or
structure with the same association has survived;
(5) A property primarily commemorative in intent if design, age, tradition, or symbolic
value has invested it with its own exceptional signficance;
(6) A property achieving significance within the past 50 years if it is exceptionally
important; or
(7) A religious property deriving primary significance from architectural or artistic
distinction or historical importance.
(b)
(c)
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Procedures for designation. Properties which meet the criteria set forth in section 23-4 may
be designated as historic resources, historic districts, and archaeological sites and zones
according to the following procedures:
(1) Proposals and preliminary evaluation. Proposals for designation may be made to the
board by any one of its members, the mayor, the city commission, the planning
department, any other city department, agency, or 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 (a); and shall, if appropriate, direct the planning
department to prepare a designation report. The board may require the party initiating
such proposal to provide any necessary documentation, and to pay any applicable
fees.
a. " Notification. At least ten days prior to the meeting at which the board will
consider the preliminary evaluation, the owner of property or his designated
agent or attorney, on file with the city, which is the subject of said proposal for
designation shall be notified by certified mail of the board's intent to consider
the preliminary evaluation of the property. Should the applicant be a person
other than the property owner or designated agent or attorney on file with the
city, the applicant shall be notified and the owner of record of the subject
property shall be notified. For historic districts where there are more than fifty
properties to be considered, for designation; the owners shall be notified by first
class mail and by the published notice.
b. Interim protection measures. From the date said notice of the preliminary
evaluation is mailed, no building permit for any new construction, alteration,
relocation, or demolition that may affect the property proposed for designation
shall 'be issued until one of the following occurs:
1. The board finds that the property does not appear to meet the criteria for
designation and votes not to direct the planning department to prepare a
designation report in accordance with subsection (b)(1);.
2. The board approves or denies the designation in accordance with .
subsection (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 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 23-6.2. The preservation office shall place said application for a
certificate of appropriateness on the next available agenda of the board.
Any owner who carries out or causes to be carried out any work without
the required certificate of appropriateness shall be subject to the
provisions of subsection 23-6.2(f).
(2) Preparation of designation report. For every proposed historic site resource, historic
district, and archaeological zone, the planning department shall prepare a designation
report containing the following information:
a• Designation report. The designation report shall contain a statement of the
historic, architectural, and/or archaeological significance of the proposed
historic resource, historic district, or archaeological site or zone; the criteria
upon which the designation is based; a physical description of the property; an
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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 resources shall generally include
the entire property or tract of land, unless such tract is so large that portions
thereof are visually and functionally unrelated to any contributing structure or
landscape feature'. Historic district boundaries shall in general be drawn to
include all contributing structures reasonably contiguous within an area and
may include properties which individually do not contribute to the historic
character of the district, but which require regulation in order to control
potentially adverse influences on the character and integrity of the district.
Archaeological zone boundaries shall generally conform to natural
physiographic features which were the focal points for prehistoric and historic
activities or may be drawn along property lines, streets, or geographic features
to facilitate efficient management.
c. Interiors. Interior spaces that have exceptional architectural, artistic, or historic
importance and that are regularly open to the public may be subject to
regulation under this chapter. The designation report shall describe precisely
those features subject to review and shall set forth standards and guidelines for
such regulations. Interior spaces not so described shall not be subject to review
under this chapter.
(3) Notice and public hearing. The board shall conduct a public hearing to determine
whether the proposed historic resource, historic district, archaeological site or zone
meets the criteria set forth in subsection (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 (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 attomey, if any, which is the
subject of such designation shall be notified by mail at least 15 days prior to the
board's meeting and ten days prior to subsequent administrative appellate
hearings. The owner shall -receive a copy of the designation report unless there -
are more than 20 owners, in which case the notice shall state that a copy is
available and where it may be obtained.
b. An advertisement shall be placed in a newspaper of general circulation at least
ten days prior to the hearing.
Signs shall be posted pursuant to subsection 62-129(2)a., as amended.
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 established for this purpose.
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
c.
d.
e.
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system of the United States on the date certified the herein required notice, the
certification shall be conclusive of the giving of such notice; in the case of
condominiums, notice will be sent solely to the condominium association. No
action taken by the board, or the city commission, as the case may be, shall be
voided by the failure of an individual property owner or property owners to
receive notice pursuant to this chapter.
(4) Historic and environmental preservation atlas. Historic sites, historic districts, and
archaeological zones designated pursuant to section 23-4 shall be shown in the
"Official Historic and Environmental Preservation Atlas of the City of Miami, Florida,"
as amended.'
(5) Electronic building records. Following the designation of a resource, the historic
preservation officer shall note the property as a historic resource in the city'sbuilding
department records.
(6) Notifications. Following the designation of a resource, the historic preservation officer
shall notify the following parties with a copy of the resolution:
a. The owner(s) of record.
b. The Miami -Dade County Clerk of the Courts.
(7) Appeals. The property owner, any one member of the city commission, the planning
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 $525.00, plus $3.50 per mailed notice required
pursuant to subsection (b)(3). The city commission shall hear and consider all facts
material to the appeal and render a decision as promptly as possible. The city
commission may affirm, modify, or reverse the board's decision. Any decision to
reverse the board's decision shall require a three -fifths vote of all members of the city
commission. Appeals from decisions of the city commission, may be made to the
courts as provided by the Florida Rules of Appellate. Procedure. The provisions of
subsection (b) shall remain in effect during the entire appeal process, unless stayed
by a court of competent jurisdiction. The appeal shall be a de novo hearing and the
city commission may consider newevidence or materials in accordance with section
2004 of the zoning ordinance. Appeals shall be made directly to the city commission,
within 15 calendar days after the date of the decision, and follow the procedures
described in subsections 23-6.2(e) or 23-4(7).
(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.
(d) Effect of designation. Upon designation, and thereafter, the provisions of section 23-6.2 shall
apply.
(Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2, 10-22-09; Ord. No. 13142, § 10, 2-11-10)
Sec. 23-5. Nomination to the national register of historic places.
(a) Responsibilities under the certified local government program. As part of the duties under the
certified local government program, the HEPB shall receive all nominations to the national
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register of historic places for any properties located within the city, following the regulations
of the state division of historical resources..
(b) Notice requirements. The HEPB shall give notice to the owners of the property at least 30
days but not more than 75 days prior to the historic preservation board meeting at which the
nomination will be considered. The HEPB shall also obtain a written recommendation from •
the city commission and the Miami -Dade Board of County Commissioners whether each
property should be nominated to the National Register, and these recommendations shall be'
given to the HEPB within 30 days.
(c) Owner notification and requirements for comment. The HEPB shall obtain comments from
the public that shall be included in the report making a recommendation. Objections to being
. listed in the national register by property owners must be notarized and filed with the historic
preservation office. Within 30 days after its meeting, the HEPB shall forward to the state
historic preservation officer its action on the nomination and the recommendations of the
local officials. Appropriate local officials, the owner and the applicant shall be notified of the
HEPB's actions.
(d) Referral to the state historic preservation officer. The state historic preservation officer will
take further steps on the nomination in accordance with federal and state regulations. If
either the HEPB or local officials, or both, support the nomination, the state historic
preservation officer will schedule the nomination for consideration by the state review board
for the national register at its next regular meeting. If both the HEPB and the local officials
recommend that a property not be nominated to the national register, the state historic
preservation officer will take no further action on the nomination unless an appeal is filed with
the state historic preservation officer.
(Ord. No. 13008, § 2, 6-26-08)
Sec. 23-6. Transfer of development rights for historic resources; provision for a
determination of eligibility process; and special -provisions for -resources -within -the
Miami Modern (MiMo)/Biscayne Boulevard Historic District; prohibiting certain
uses; and establishing a 35-foot height limit
It is the intent of this section to encourage the preservation of historic resources by creating a
process whereby the otherwise unusable development rights_for historic resources may be
converted into an asset that may be sold to a receiving site located within a T-6 transect, where a
public benefits bonus may be used. Owners of eligible properties shall be issued a "certificate of
eligibility" following confirmation that the property meets the criteria established in subsection (1) or
has been determined eligible under the process described in subsection (3).
•
(1) Eligible properties (sending sites).
a. Under the TDR provisions described in this section, a property owner is
automatically eligible to apply to sell their unused development rights if the
property is located in a T4-O transect or higher, and is classified as one or
more of the following:
1. Individually listed in the national register of historic places;
2. Listed as a contributing property within a national register district;
3. Individually listed in the Miami register of historic places under the
provisions of section 23-4
4. Listed as a contributing property within a local historic district under the
provisions of section 23-4
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(2)
5. Qualified as an "eligible historic resource," after having met the criteria
for eligibility set forth in subsection (3), and so determined by the HEPB.
6. Otherwise qualifies as a historic resource, but that has lost its historic
integrity because of major alterations and/or additions; provided that it
can be shown to the HEPB that:
The building's original appearance can be documented;
The owner applies for and receives a special certificate of
appropriateness, detailing the steps to be taken to restore the
original appearance of the building;.
The owner substantially completes the proposed restoration
activity before an application for transfer of development rights.is
submitted.
7. A multi -family residential structure in a T4-R Transect, shall be eligible
for the TDR program, only in the event it is:
A. Individually listed in the National Register of Historic Places;
and/or
B. Individually listed in the Miami Register of Historic Places.
C. Qualified as an "eligible historic resource" by the HEPB after
having met the criteria for eligibility set forth in subsection (3), for
an individually significant resource.
D. A contributing or non-contributing resource contained within the
boundaries of the Miami Modem (MiMo)/Biscayne Boulevard
Historic District shall be eligible for the TDR incentive as further
described in subsection (2).
Miami Modem (MiMo/Biscayne Boulevard historic district. On June 6, 2006 the HEPB
designated that portion of Biscayne Boulevard from NE 50th Street on the South to
NE 77th Street on the north, as a historic district. Historically, Biscayne Boulevard was
a premier shopping destination, and later the principal corridor leading tourists to the
spectacular attractions in the Miami area.
As the MiMo/Biscayne Boulevard historic district is the only overwhelmingly
commercial historic district in the city that has been listed in the Miami register of
historic places, it is deemeddeserving 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 Tess -than -cohesive character. It is the desire of the city to
encourage new construction and improvements or remodelings to existing structures
so that they either retum to the classic types prevalent during the historic periods of
significance, or represent an improvement that maintains the high standards of
appearance for the entire historic district, as determined by the HEPB.
Further, the TDR incentive shall be available to the structures judged as non-
contributing only in the MiMo/Biscayne Boulevard historic district. The incentive for
non-contributing buildings is intended to promote reinvestments within the overall area
encompassed by the historic district leading to its betterment.
(a) Permitted uses. In a further effort to maintain a balance of retail, entertainment
and service uses, no additional car washes or service stations shall be
permitted within the historic district. Car washes and service stations existing at
A.
B.
C.
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the time of the passage of the ordinance from which this section derives shall
be grandfathered and allowed to remain.
(b) Calculations of available development rights (sending property) for. the MiMo
(Miami Modem)/Biscayne Boulevard Historic District.
1. For those contributing properties contained within the Miami Modem
(MiMo)/Biscayne Boulevard Historic District deemed eligible by the
preservation officer to participate in the TDR program under the terms of
section 23-6, the zoning administrator or their designee shall calculate
the unused development potential (base development rights) that may
be transferred to a receiving property at two and one quarter percent per
square foot of the available square feet permitted by the underlying
transact, thereby recognizing the additional requirements associated
with the rehabilitation of a historic property. Notwithstanding these
calculations, based on the allowable development rights prescribed by
the Miami 21 Code transects for this historic district, no building or
structure contained within the boundaries of the Miami Modem
(MIMO)/Biscayne Boulevard historic district shall exceed 35 feet in
height. Buildings existing at the time of passage of the ordinance from
which this section derives shall be grandfathered and allowed to remain.
2. For those non-contributing properties contained within the Miami Modem
(MiMo)/Biscayne Boulevard Historic District as described in section 23-
6, the zoning administrator or their designee shall calculate the base
unused development rights at one and three-quarters percent per
square foot of the total available square feet permitted by the underlying
transect which shall be available for transfer (sale). The lot itself may be
developed at 100 percent of its capacity under the requirements of the
historic district guidelines, and the Miami 21 Code. Notwithstanding
these calculations, based on the allowable development rights
prescribed by the Miami 21 Code transects for this historic district, no
building or structure contained within the boundaries of the Miami
Modem (MIMO)/Biscayne Boulevard historic district shall exceed 35 feet
in height. Buildings existing at the time of passage of the ordinance from
which section derives shall be grandfathered and allowed to remain.
(3) Standards for the improvements to non-contributing structures. When improvements
to non-contributing buildings are made, the following guidelines shall be implemented:
a. Use of building materials commonly found in the construction of the
"contributing" structures within the historic district;
b. Installation of signage that is in keeping with the periods of significance
represented in the district (1924-1956);
C. Architectural design that complements the historic building types and
vocabulary which include:
i Mediterranean Revival;
ii• Art Modeme;
iii. Art Deco;
iv. Miami Modem (MiMo);
V. South Florida Regional Vernacular, e.g. a style or type of building that
represents the local or indigenous adaptations of design resultant from
the climate, traditions, and available building materials in the region.
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(4)
Nothing in these standards shall be construed to encourage a false sense of historical
appearance. Replications or reconstructions shall be permitted only as specifically
allowed by the HEPB, and under the provisions of subsection (1)a.6.
Qualification as an eligible historic resource —Requirements and certification process.
A property may be determined eligible for local historic designation in order receive a
"certificate of eligibility," and therefore take advantage of the transfer of development
rights provisions, provided that the building meets certain eligibility criteria; and that a
formal application for local. historic designation is submitted to the planning
department within one year from the date the eligibility application is approved by the
historic and environmental preservation board.
Criteria for eligibility. In general, the resource must be at least 50 years old and
maintain its physical integrity so that it sufficiently conveys its original
character; possess integrity of design, setting, material, workmanship, feeling
and association, and meet at least one of the following criteria:
1. Is associated in a significant way with the life of a person important in
the past;
2. Is the land or location of a historic event with significant effect upon the
community, city, state, or nation;
3. Exemplifies the historical, cultural, political, economical, or social trends
of the community;
4. Portrays the environment in an era of history characterized by one or
more distinctive architectural styles;
5. Embodies the distinguishing characteristics of an architectural style, or
period, or method of construction;
6. Is an outstanding work of a prominent designer or builder; and
7. Contains elements of design, detail, materials, or craftsmanship of
outstanding quality or which represents a significant innovation or
adaptation to the South Florida environment.
(5) Application process and documentation required to qualify as an "eligible historic
resource."Applications for a determination of eligibility in connection with the transfer
of development rights program will contain the information required within a local
historic designation report, and sufficient supporting documentation to enable the
HEPB to make a valid conclusion. The application will include:
1. Photographs of all elevations illustrating the existing conditions;
2. Most recently available copy of the Miami -Dade County assessor's office
record for the property;
3. Affidavit for proof of ownership;
4. Written description of the property, noting architectural style, building
materials, roof shapes, and omament, as applicable;
5. Written description of the changes to the property that have occurred
over time, as applicable;
6. Results of Miami City Directory search to identify original
resident/business establishment, as applicable;
7. Bibliography of historical records used in the research, as applicable;
8. Written evaluation of the property's significance using the criteria
established in subsections 23-4(a)(1-8);
9. Other information as deemed necessary by the planning director; and
a.
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(6)
10. Any fees specified for this purpose.
Review for certification of an eligible historic resource. Once the application for a
determination of eligibility has been deemed complete, the preservation officer shall
schedule the application before the next regularly scheduled meeting of the HEPB. At
least ten 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.
b.
c.
d.
e.
f.
Whether the resource is of such interest or quality that it meets one or more of
the criteria established by subsections 23-4(a)(1-8);
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;
Whether the preservation of the resource will promote the general welfare of
the city by providing an opportunity for the study of local history, architectural
,and design, or develop an understanding of the importance and value of a
particular culture and heritage;
Whether or not the resource is one of the last remaining examples of its kind in
the city, region, or state.
Should the HEPB find that the proposed resource meets the criteria and
considerations to be deemed an eligible historic resource; within 30 days of
that decision, a "certificate of eligibility" will be prepared by the historic
preservation officer, and mailed (via certified mail) to the applicant.
Appeals from the decision of the HEPB. The property owner, any one member
of the city commission, the planning department, or any aggrieved party may
appeal to the city commission any decision of the board on matters relating to
designations by filing within 15 calendar days after the date of the decision a
written notice of appeal with the hearing boards department, with a copy to the
preservation officer. Such notice of appeal shall set forth concisely the decision
appealed from and the reasons or grounds for the appeal. Each appeal shall be
accompanied by a fee of $500.00, plus $3.50 per mailed notice required
pursuant to subsection 23-4(b)(3). The city commission shall hear and consider
all facts material to the appeal and render a decision as promptly as possible.
The city commission may affirm, modify, or reverse the board's decision. Any
decision to reverse the board's decision shall require a three -fifths vote of all
members of the city commission. Appeals from decisions of the city
commission may be made to the courts as provided by the Florida Rules of
Appellate Procedure. The provisions of subsection 23-4(b) shall remain in
effect during the entire appeal process, unless stayed by a court of competent
jurisdiction. The appeal shall be a de novo hearing and the city commission
may consider new evidence or materials in accordance with § 2004 of the
zoning ordinance. Appeals shall be made directly to the city commission, within
15 calendar days after the date of the decision, and follow the procedures
described in subsection 23-6.2(e) or 23-4(c)(7).
Requirement for local historic designation, "eligible historic resources."
1. A resource classified as an "eligible historic resource" may apply for a
certificate of transfer following the determination of eligibility.
2.
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Should the applicant apply for and receive a certificate of eligibility the
eligible historic resource will be required to be locally designated through
the formal process described in this chapter, within one year following
the HEPB's determination.
h. Conditions and safeguards —"Eligible historic resources."
1 • Upon the determination of eligibility by the HEPB, the owner shall be
subject to the restrictions concerning the requirement for the issuance of
a certificate of appropriateness for changes made to the building. The
owner is prohibited from demolishing a structure deemed an eligible
historic resource, until such time as an application for a special
certificate of appropriateness for demolition under the process contained
in section 23-6 is adjudicated by the HEPB.
2. The "certificate of eligibility" will expire within one year from the HEPB's
determination, at which time, the property owner must have applied for
local historic designation of the resource which had been determined
eligible.
(7) Calculations of available development rights (sending property). For those properties
deemed eligible to participate in the TDR program under the terms of section 23-6, 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 percent of the available square feet permitted by the underlying transect, thereby
recognizing the additional requirements associated with the rehabilitation of a historic
property.
(8) Requirements for the preservation of eligible historic resources (sending properties)
using the provisions of the TDR—Application process. The purpose of this incentive is
to insure that historic resources are preserved for the public benefit. The requirements.
that follow apply to all buildings which make use of the TDR program. The use of the
TDR for Historic Resources requires the demonstration and evidence that establishes
the sound physical condition of the sending resource; or that the rehabilitation.
treatments, if needed, will be undertaken within a reasonable period, and that the
owner (and subsequent owners) is covenanted to maintain the property. Therefore,
following the qualification of any eligible historic resource, the applicant requesting the
certificate of transfer shall provide the planning department with:
1. An "existing conditions report" prepared by a registered engineer or architect
that at a minimum records the data required by the building code upon periodic
recertification; and which must include an evaluation of the current condition of
the:
A. Wall construction:
i Masonry bearing walls;
ii. Steelconcrete 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.
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Decorative ornament (e.g. cast concrete medallions, pilasters, string
courses, etc., as applicable);
G. Elevators (if applicable);
H. HVAC system;.
Plumbing;
J. Electrical;
K. Fire protection/life safety systems (if any);
L. 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 provide:
A. A prioritized schedule that identifies those elements in substandard
condition, in need of imminent repair/replacement, and a schedule for
their repair.
B. A prioritized schedule for the correction of any other deficiencies
identified in the existing conditions report.
C. A Tong -range plan that addresses the cyclical maintenance of the
property.
(9) Requirements for the issuance of TDRs for "non-contributing" properties within the
Miami Modem (MiMo)/Biscayne Boulevard historic district.
"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:
1 • An "existing conditions report" as described in subsection (3)i.1.
2. A "maintenance plan" as described in subsection (3)i.2.
3. 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.
4. The special certificate of appropriateness will be processed in accordance with
the provisions contained in section 23-6.2
(10) Release of certificate of transfer. The planning director, or their designee, will prepare
the certificate of transfer for the unused development rights for historic resources so
classified as automatically eligible as established by subsection (1)a. or after. the
resource has been determined eligible under the terms of subsection (3). The
certificate of transfer will be issued only after one of the following conditions has been
met:
1.
2.
An existing conditions report and Tong -term maintenance report is on file with
the planning department, and that the results of the existing conditions report
demonstrate that the resource is in compliance with the building code, and is in
no need of repairs; .
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An existing conditions report and long-term maintenance report is on file with
the planning department, and the existing conditions report has identified
deficiencies in the soundness of the building, and the owner has:
A. Presented detailed plans to correct the deficiency(ies) to the
preservation officer, with a schedule identified with which to complete
the repairs, not to exceed 12 months from the date the plans have been
submitted;
B. - That a bond (representing the value of the improvements necessary to
correct the deficiencies) has been posted with the city to be used in the
event the owner defaults from their promise to make the necessary
repairs;
Covenant (sending property). The planning director, or their designee will prepare the
certificate of transfer for the unused development rights for historic resources so
classified as automatically eligible as established by subsection (1)a. or after the
resource has been determined eligible under the terms of subsection (3). The
certificate of transfer may only be issued following the applicant's fulfillment of the
requirements contained in subsections (3)i.1. and (3)i.2., and following the filing of
restrictive covenant with the city, which covenant shall provide:
1. That the eligible historic resource will be maintained to a standard consistent
with the building department's standards for"Forty (40) year recertification";
2. That the requirement for long-term maintenance will follow the title to the
property through any subsequent owners;
3. That the city will be advised of any change in property ownership.
The original covenant will be maintained by the planning department, and a copy filed
with the Miami -Dade County clerk of the courts.
Editor's note —
Ord. No. 13116, § 2, adopted October 22, 2009, changed the title of section 23-6 from "Transfer of
development rights for historic resources; provision for a determination of eligibility process,.
and special provisions for resources within the Miami Modem (MiMo)Biscayne Boulevard
Historic District" to "Transfer of development rights for historic resources; provision for a
determination of eligibility process, and special, provisions for resources within the Miami
Modern (MiMo)/Biscayne Boulevard Historic District; prohibiting certain uses; and
establishing a 35-foot height limit."
Sec. 23-6.1. Waivers, exceptions and exclusions 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, the HEPB may
grant a certain exception to a use permitted in specific zoning designations, or an exclusion to allow
a cultural facility as an allowable use in medium and high density multifamily (general urban) zones,
and/or may grant certain waivers to the zoning code provided that it will result in the preservation of
a locally designated property.
Historic preservation waivers. The board may authorize certain waivers to the requirements
of the underlying zoning district, to the extent indicated herein.
(1) Waivers concerning existing buildings.
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(2)
(3)
a. Any building that is individually locally 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 zoning district requirements pertaining to minimum lot size,
setbacks, minimum lot width, building footprint, green space, off-street parking
or loading requirements.
b. 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 percent (20%) from the underlying requirements for
*setbacks building footprint, and green space may be authorized by the board.
c. 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 one
hundred percent (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:
1- Granting the modification will further the preservation of the historic and
architectural character of the historic resource, or of the historic district
in which the proposal is located.
2. Granting the modification would promote the preservation of the historic
resource or historic district while reducing nonconformities.
3. Granting the modification would help minimize or mitigate any potential
adverse effect of a specific proposal whose implementation promotes
the preservation of the historic resource or historic district.
4. Special circumstances exist such as adjacencies or shared parking that
will practically alleviate concems for off-street parking.
5. The HEPB shall make specific findings that establish how the criteria
have been met. Additionally, the board may impose any conditions,
restrictions, or limitations deemed appropriate in order to ensure
compliance with the criteria set forth above.
Waivers conceming additions. Waivers for additions to existing buildings may also be
authorized by the board when necessary to assure the preservation of historic
resources and historic districts, subject to the limitations described in section 23-6.1
Historic preservation exceptions. The board may authorize certain exceptions to the
requirements of the underlying zoning to the extent indicated herein. Bed and
breakfast uses complying with applicable codes may be permissible as an exception
in low, medium and high density multifamily residential (general urban, urban center
and urban core) zones. Additional allowable use which include professional offices,
bed and breakfasts, and museums will also be classified as exceptions, and may be
allowed except in single family and duplex residential (sub -urban) zones. 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; 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. Any use authorized pursuant to this section shall comply with all
regulations applicable to the same or similar use in the most restrictive zoning
designation permitting such use; to the extent such regulations have not been
modified pursuant to this section.
a. Exclusion. In an effort to provide even greater flexibility in the adaptive use of
locally designated historic resources, and to recognize the concomitant
relationship of historic preservation and the cultural arts, the HEPB is
authorized to grant an exclusion for a cultural facilities as an allowable use in
medium and high density multifamily (general urban) zones; such uses may
include:
1- Rehearsal/studio space(s);
2- Gallery space(s);
3. Performance workshop areas;
4. Classrooms for arts education.
(a) The HEPB shall review each application for an exclusion that would
permit the conversion of a locally designated historic resource for use as
a cultural facility through the process for a special certificate of
appropriateness as defined in this chapter. The special certificate of
appropriateness may include requests for both additions and/or new
construction in order to meet the programming requirements of the
cultural facility.
(b) Adjacent land, owned or leased by the facility may be used to provide
required parking.
(c) The HEPB may concurrently review a waiver of certain zoning
requirements in conjunction with a request for an exclusion, provided
that the request is the minimum necessary to successfully accomplish
the project; and that the impact to the surrounding areas is minimal.
(4) Procedures for granting exceptions, waivers and exclusions. An application for.a
special certificate of appropriateness shall be submitted pursuant to the provisions of
section 23-8. In addition, the application shall contain a written statement justifying the
requested exception, or waiver or exclusion and provide evidence that the exception,
or waiver or exclusion is necessary to assure the continued preservation of the
designated historic structure.
(5) Notice and hearings, generally. The board shall notice the public hearing at which the
waiver, and/or exception or exclusion is requested, following the same procedures as
is required for a special certificate of appropriateness.
(6) Decision of the board. The board shall make findings based upon the standards set
forth in section 23-6.2, as amended, and shall take one of the following actions:
a. Issue the special certificate of appropriateness for the waiver proposed by the
applicant;
b. Issue the special certificate of appropriateness with specific modifications and
conditions; or
C. Deny the special certificate of appropriateness.
(7) Standards. In addition to the guidelines and standards for issuing certificates of
appropriateness as set forth in section 23-6.2, as amended, the board shall determine
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that the following standards have been met before reaching a decision to grant a
special certificate of appropriateness:
a. The exception, or waiver or exclusion shall be the minimum necessary to
assure the continued preservation of the historic structure; and
b. The exception, or waiver or exclusion shall be in harmony with the general
intent and purpose of this chapter.
(8) Conditions and safeguards. In granting any exception, or waiver or exclusion, 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.
(9) Requirements for substantial rehabilitation. As a condition of granting an exception, or
waiver or exclusion, 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.
(10) Requirements conceming time limitations. Any certificate of appropriateness issued
under this section shall be govemed by the time limitations stipulated in subsection 23
--6.2(g).
(Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2, 10-22-09; Ord. No. 13180, § 2, 5-27-10)
Editor's note —
Ord. No. 13180, § 2, adopted May 27, 2010, changed the title of section 23-6.1 from "Waivers and
exceptions for locally designated historic resources" to' Waivers, exceptions and exclusions
for locally designated historic resources."
Sec. 23-6.2. 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 or exclusion from the provisions of the zoning code, or any successor
zoning code. A certificate to dig shall be required for any ground disturbing activity within a
designated archaeological site or archaeological zone or within an archaeological
conservation area. All certificates of appropriateness and certificates to dig shall be subject
to the applicable criteria in this Section and any other applicable criteria specified in this
chapter, as amended. No permits shall be issued by the building department for any work
requiring a certificate of appropriateness unless such work is in conformance with such
certificate.
(b) Procedures for issuing certificates of appropriateness.
(1) Pre -application conference(s). Before submitting an application for a certificate of
appropriateness, an applicant is encouraged to confer with the preservation officer to
obtain information and guidance before entering into binding commitments or incurring
substantial expense in the preparation of plans, surveys, and other data. At the
request of the applicant, the preservation officer, or any member of the board, an
additional pre -application conference shall be held between the applicant and the
board or. its designated representative. The purpose of such conference shall be to
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(2)
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.
Application for certificate of appropriateness. The applicant shall submit to the
preservation officer an application together with supporting exhibits, 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 the application
is a minor improvement, as specified by the rules of procedure or the board, and is in
accord with the guidelines for issuing certificates of appropriateness as set forth
subsection 23-7(c), the preservation officer shall, within ten calendar days of receipt of
the complete application, issue a standard certificate of appropriateness with or
without conditions, indicating in writing, conformity with said guidelines. Following
such approval, permits dependent upon it may be issued if otherwise lawful. An
applicant may request that the application be initially classified as a special certificate
of appropriateness if they wish to have the matter heard by the HEPB.
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; 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 (c); or when the applicant is requesting a waiver,
or exception or exclusion from the requirements of the zoning code the application
shall be classified as a special certificate of appropriateness, and the following
procedures shall govem:
a.
(4)
b.
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 all 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.
Decision of the board. The decision of the board shall be based upon the
guidelines set forth in subsection (c), as well as the general purpose and intent
of this chapter and any specific design guidelines officially adopted for the
particular historic resource, historic district, or archaeological site or zone. No
decision of the board shall result in an unreasonable or undue economic
hardship for the owner. The board may seek technical advice from outside its
members on any application. The decision of the board shall include a
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complete description of its findings, and shall direct one. of the following
actions:
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 (6) months in cases of demolition or relocation
of a contributing structure or landscape feature, pursuant to the
provision of special certificates of appropriateness for demolition in this
section or up to forty-five (45) calendar days for any work potentially
affecting an archaeological site, archaeological zone, or archaeological
conservation area, pursuant to the provisions of special certificates of
appropriateness for demolition in this section.
Issuance of a written communication prepared by the preservation
officer to the director of the planning department and the zoning
administrator that sets out the exact parameters for the 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.
6. Accelerated certificate of appropriateness. There are occasions when an
applicant is proposing physical changes to a resource that is
simultaneously being considered for local historic designation. Under
those circumstances, and only if the proposed changes are of a
substantial nature, the historic preservation officer shall follow the
procedures specified for a special certificate of appropriateness. A
hearing for an accelerated certificate of appropriateness will be
preceded by the preliminary designation report, in order to establish
whether or not the resource appears to meet the criteria for local historic
designation.
(5) Accelerated certificate of appropriateness. When an applicant is proposing physical
changes to a resource that is simultaneously being considered for local historic
designation, if the proposed changes are of a substantial nature, the preservation
officer shall follow the procedures specified for a special certificate of appropriateness.
A hearing for an accelerated certificate of appropriateness will be preceded by the
preliminary designation report, in order to establish whether the resource appears to
meet the criteria for local historic designation.
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 ofany permit dependent upon such certification, if otherwise
lawful, recording as authorization the provisions of this section. This time limit may be waived
at any time by mutual consent of the applicant and the board. However, should in the opinion
of the preservation officer or the historic and environmental preservation board such delays
be attributable to the applicant and/or their agent, this time limitation shall not apply, nor shall
the application be considered approved.
1.
5.
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(d) Records. Written copies of all decisions and certificates of appropriateness shall be filed with
the planning department.
(e) Appeals. The applicant, the planning department, or any aggrieved party may appeal to the
city commission any decision of the board on matters relating to designations and certificates
of appropriateness by filing within fifteen (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 $525.00,
plus $3.50 per mailed notice required pursuant to 23-4. The city commission shall hear and
consider all facts material to the appeal and render a decision as promptly as possible. The
appeal shall be de novo hearing and the city commission may consider new evidence or
materials. 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 proposedchange 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.
(9) 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 12
months upon written request by the applicant, unless the board's guidelines as they may
relate to the authorized work have been amended.
(h) Guidelines for issuing certificates of appropriateness.
(1) Alteration of existing structures, new construction: Generally, for applications relating
to alterations or new construction as required in subsection (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 resource or historic district, or where the board
has subsequently adopted additional standards and guidelines for a particular
designated historic 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 a waiver, or exception or exclusion. An application for a waiver(s), or
exception or exclusion from the provisions of 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.
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Ground disturbing activity in archeological zones, archeological sites, or archeological
conservation areas.
a. No certificate of appropriateness shall be issued for new construction,
excavation, tree removal, or any other ground disturbing activity until the city's
archeologist has reviewed the application and made his recommendation
conceming the required scope of archeological work. The board may require
any or all of the following:
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 archaeological site for
green space, if the site is of exceptional importance and such denial
would not unreasonably restrict the primary use of the property.
b. The board may issue a certificate 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.
b.
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.
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 swom
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 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
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(i)
years; and proof that the owner has made reasonable efforts to obtain a
reasonable rate of return on the owner's investment and labor;
7. Any consideration by the applicant as to uses or adaptive uses of the
property;
c• In the event that any of the required information is not reasonably available to
the applicant or cannot be obtained, the applicant shall file with the affidavit a
statement of the information that cannot be obtained and shall described 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.
Demolition by neglect.
(1) Demolition by neglect prohibited; affirmative maintenance required. The owner(s) of a
property designated historic pursuant to this chapter, which includes a property either
individually designated, or designated as a contributing property within a historic
district, as defined by this chapter, shall comply with all applicable codes, laws, and
regulations goveming the maintenance of the property. It is the intention of this
section to preserve from deliberate negligence, or inadvertent neglect the exterior
features of property designated historic and the interior portions thereof .when
maintenance is necessary to prevent deterioration and decay of the property. All such
properties shall be preserved against such decay and deterioration and shall be free
from structural defects through prompt corrections of any of the following defects:
a. Facades which may fall or damage the subject property, adjoining property, or
injure members of the public.
b. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor
supports, deteriorated walls, or other vertical structural supports.
c• Members of ceilings, roofs, or other horizontal members which sag, split, or
buckle due to defective material or deterioration.
d. ' Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or
floors, including broken or missing windows or doors.
Any fault or defect in the property which renders it structurally unsafe,
insufficiently protected from weathering, or not properly watertight.
Defective or insufficient weather protection which jeopardizes the integrity of
exterior or interior walls, roofs, or foundation, including lack of paint or
weathering due to lack of paint or protective covering.
g• Any structure designated historic which is not properly secured under the
Florida Building Code or other technical codes and is accessible to the general
public; or, any fault or defect on the property designated historic that renders it
structurally unsafe or not properly watertight.
h. Spelling of the concrete of any portion of the interior or exterior of the structure
designated historic.
(2) Unreasonable or undue economic hardship. A property owner who believes that
application of this section creates an unreasonable or undue economic hardship, as
that term is defined by this chapter, may apply for a special certificate of
appropriateness to the board within 15 days of having notice or knowledge of any
f.
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defect(s) referred to in this section. The procedure employed by the board shall be the
same as for the consideration of a special certificate of appropriateness under this
chapter. The board may grant the owner an extension of time to comply with
correctivework or limit the scope of the corrective work.
(3) Enforcement.
a. Notice of administrative enforcement. Enforcement shall be as provided
pursuant to Chapter 2, Article X, entitled "Code Enforcement," of the City of
Miami Code, as amended.
b. Civil actions for injunction and remedial relief; lien on property. In addition to
code enforcement remedies, if the property owner fails to take corrective action
within the time prescribed, the city may file any civil action ordering the property
owner to take corrective actions and the city may seek damages and seek any
H other relief available under Florida Law. The court may order an injunction
3 c a providing such remedies if the city proves that the owner has violated this
a 3, ordinance and such violation threatens the integrity or existence of a
O.
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city enter into the property and take corrective action, the cost of the corrective
o
o action incurred by the city shall be a municipal special assessment lien against
o o the property. Such lien shall, until fully paid and discharged, be of equal rank
' and dignity with the lien of ad valorem taxes, and shall be superior in rank and
w s = dignity to all other liens, encumbrances, titles, claims in, to or against the real
property involved. Such liens may be instituted and enforced pursuant to
Chapter 173, Florida Statutes, as amended, or the collection and enforcement
of payment thereof may be accomplished by any other method authorized by
law. The property owner shall pay all costs of collection, including reasonable
attomey's fees, service charges, civil penalties, and liens imposed by virtue of
this ordinance.
(Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2, 10-22-09; Ord. No. 13133, § 1, 1-28-10; Ord. No. 13142, § 10, 2
11-10;; Ord. No. 13180, § 2, 5-27-10)
Sec. 23-6.3. Administration, enforcement, violations, and penalties.
(a) Ordinary maintenance and repair. Nothing in this article 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
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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 govemment agency or a court of competent jurisdiction,
provide that only such work as is reasonably necessary to correct the emergency condition
may be carried out. The owner of structure damage by fire or natural calamity may stabilize
the structure immediately and rehabilitate it later under the provisions of this chapter.
(e) Enforcement. The. building department and the code inspectors as defined in section 2-813
shall assist the board by making necessary inspections in connection with the enforcement
of this chapter. The building department shall be responsible for promptly stopping any work
attempted to be done without or contrary to any certificate of appropriateness required under
this article; 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 article shall be required to restore the locally designate d 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 govem:
(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 public hearing with notice
as set forth in this chapter.
(3) Decision of preservation board. The board shall make findings based upon the
provisions of this section and the guidelines set forth in this article 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 23-6.
(4) Referral to code enforcement board. If the work authorized by any certificate of
appropriateness issued pursuant to this article 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. This remedy shall be
in addition to and not in lieu of any criminal or civil prosecution and penalty that may
be provided.
(9) 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.
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(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,
govemmental body or agency, department, authority, or board of the city, county, or state.
(Ord. No. 13008, § 2, 6-26-08; Ord No. 13116, § 2, 10-22-09).
Sec. 23-6.4. Signage.
Historic signs shall be permitted to remain and to be repaired, restored, structurally altered,
reconstructed, or relocated utilizing the certificate of appropriateness process. Historic signs may
possess intrinsic importance, or acquire that importance as a result of their association with the
historic resource through which they have become associated.
In determining whether a sign is "historic," the HEPB shall consider whether it is:
(1) Associated with historic figures, events, or places.
(2) Significant as evidence of the history of the product, business, or service. advertised.
(3) Significant as reflecting the history of the building or the development of the historic
district (A sign may be the only evidence of a building's historic use).
(4) Characteristic of a special historic period, such as gold leaf on glass, neon, or
stainless steel lettering.
(5) Integral to the building's design or physical fabric; as when a sign is a part of a
storefront made of Carrara glass or enamel panels, or when the name of the historic
firm or the date is rendered in stone, metal or tile, (in such cases, removal can cause
damage to the materials; or affect the integrity of the building's original design);
(6) Outstanding examples of the sign maker's art. Whether because of their excellent
craftsmanship, use -of materials or design;
(7) Recognized as a local landmark because of its prominence and popular recognition
as a focal point in the community;
(8) Assists in defining the character of a district as for example marquees in theater
districts, or prominent neon signs associated with the proliferation of motels
dependent on the tourism industry.
In conjunction with allowing the retention, restoration, rehabilitation, and/or reconstruction of
a historic sign, the HEPB shall make specific findings establishing how the subject sign meets these
established criteria.
(Ord. No. 13116, § 2, 10-22-09)
FOOTNOTE(S):
(2) —
Editor's note r Ord. No. 13008, § 2, adopted June 26, 2008, amended article I in its entirety to read as herein set
out. Formerly, article I pertained to similar subject matter, and derived from the Code of 1980, §§ 23.1-1-23.1-6;
Ord No. 10875, § 1, adopted April 25, 1991; Ord. No. 11200, § 3, adopted November 17, 1994; Ord. No. 11564, §
11, adopted October 28, 1997; Ord. No. 12195, § 2, adopted Mar h 7, 2002; Ord. No. 12496, § 2, adopted February
26, 2004. Ord. No. 13008 enacted provisions intended for use as sections 23-7-23-9. Inasmuch as there are
already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as
sections 23-6.1-23-6.3. (Back)
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