HomeMy WebLinkAboutO-13429City of Miami
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Ordinance: 13429
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01424 Final Action Date: 2/13/2014
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
City of Miami
Page 1 of 3 File Id: 13-01424 (Version: 2) Printed On: 12/18/2017
File Number: 13-01424 Enactment Number: 13429
ARTICLE I. HISTORIC PRESERVATION
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 also be classified as
exceptions; and may be allowed except in s family and duplex residential (T3
sub 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 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 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.
City of Miami Page 2 of 3 File Id: 13-01424 (Version: 2) Printed On: 12/18/2017
File Number: 13-01424 Enactment Number: 13429
*II
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}
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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