HomeMy WebLinkAboutLegislation SR (Version 2)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 AND PRIVATE CLUBS AS ALLOWABLE USES, EXCEPT IN T3
AND T4 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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Sec. 23-6.1. Waivers, exceptions and exclusions for locally designated historic resources.
(3) Historic preservation exceptions. Unless otherwise authorized by Article 4, Table 3,
of the Miami 21 Code, T 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 aise be classified as exceptions; and may
be allowed except in single family and duplex residential (T3 cub. urban) Transect z
Zones. Additional allowable uses which include Restaurants and Private Clubs, as
they are respectively defined in Section 4-2 of the City Code, will also be classified
as exceptions and may be allowed except in T3 and T4 Transect Zones. Such uses
shall be permissible only within existing structures that are individually designated or
contributing resources within a designated historic district contribute to the historic
character of the historic r-esource 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 and Private Clubs 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. A parking plan for purposes of this section is a
written plan or graphic depiction presented by the Applicant providing for
traffic control and parking accommodations for the property.
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File Number: 13-01424
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENbEZ
CITY ATTORNEY
Footnotes:
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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