HomeMy WebLinkAboutLegislation FR (Version 1)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01424 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23,
ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "HISTORIC PRESERVATION", MORE PARTICULARLY BY AMENDING
SECTION 23-6.1 ENTITLED 'WAIVERS, EXCEPTIONS, AND EXCLUSIONS FOR
LOCALLY DESIGNATED HISTORIC RESOURCES", TO ALLOW THE HISTORIC
AND ENVIRONMENTAL PRESERVATION BOARD TO GRANT EXCEPTIONS FOR
RESTAURANTS, PRIVATE CLUBS, AND LODGES AS ALLOWABLE USES,
EXCEPT IN T3 (SUB -URBAN) AND T4 (GENERAL URBAN) TRANSECT ZONES,
THROUGH THE CERTIFICATE OF APPROPRIATENESS PROCESS, WHEN THE
RESULT LEADS TO THE PRESERVATION OF A SIGNIFICANT HISTORIC
STRUCTURE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, the preservation of the City of Miami's ("City's") historic resources is a significant goal
in the City's overall vision for its future; and
WHEREAS, the adaptive use of historically designated buildings enhances the City's quality of life;
and
WHEREAS, the adaptation of locally designated historic resources for a new use greatly increases
the opportunity to create a viable business venture; and
WHEREAS, the adaptive use of locally designated historic buildings provides new opportunities for
the preservation and appreciation of the City's historic resources; and
WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and
in the best interests of the general welfare of the City and its citizens to amend the Code of the City of
Miami, Florida, as amended ("City Code"), as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. Chapter 23 of the City Code entitled "Historic Preservation" is amended in the following
particulars: {1}
"CHAPTER 23
HISTORIC PRESERVATION
ARTICLE I. HISTORIC PRESERVATION
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File Number: 13-01424
Sec. 23-6.1. Waivers, exceptions and exclusions for locally designated historic resources.
(3) 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 uses 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 and general
urban) transect zones. Additional allowable uses which include restaurants, private
clubs, and lodges will also be classified as exceptions and may be allowed except in
single family and duplex residential (T3 sub -urban) and low density multifamily
residential (T4 general urban transect) 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 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.
(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 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.
c. For restaurants, private clubs, and lodges, the property shall be located in a
T5-R Transect Zone or higher. Prior to the issuance of a Certificate of Use
for any such use, a parking plan must be approved by process of Warrant
pursuant to the provisions of Miami 21.
*11
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
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File Number. 13-01424
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption
thereof.{2}
APPROVED AS TCZFPsRM AND CORRECTNESS:
VICTORIA MEND
CITY ATTORN�''
Foo tnot
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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