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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 sites, historic districts, and archeological
zones.
Sec. 23-5. Certificates of appropriateness.
Sec. 23-6. Administration, enforcement, violations, and penalties.
Sec. 23-1. Intent and purpose.
(a) The intent of this chapter is to preserve and protect the heritage of the
city through the identification, evaluation, rehabilitation, adaptive use, restoration,
and public awareness of Miami's historic, architectural, and archeological
resources. This chapter is further intended to:
(1) Effect and accomplish the protection, enhancement, perpetuation, and
use of structures, landscape features, archeological and paleontological
resources, areas, neighborhoods, and scenic vistas which represent
distinctive elements of the city's historic, cultural, archeological,
paleontological, aesthetic, and architectural heritage.
(2) Foster civic pride in the accomplishments of the past.
(3) Protect and enhance the aesthetic and environmental character,
diversity, and interest of neighborhoods.
(4) Stabilize and improve property values in neighborhoods and in the city
as a whole.
(5) Protect and enhance the city's attraction to residents, tourists, and
visitors and thereby serve as a support and stimulus to the economy.
(6) Promote the use of historic sites, historic districts, and archeological
zones for the education, pleasure, and welfare of the people of the city.
(b) The purpose of this chapter is to:
(1) Provide the framework and legal mechanism for identifying and
designating those properties that have major significance in the city's
historic, cultural, archeological, paleontological, aesthetic, and
architectural heritage.
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(2) Assure that alterations and new construction within designated historic
sites, historic districts, and archeological zones are compatible with the
property's historic character.
(c) Pursuant to section 16A -3(2)(c) of the Code of Miami -Dade County,
Florida, the City of Miami expressly reserves and retains jurisdiction over
archeological zones and sites within the city.
Sec. 23-2. Definitions.
The following definitions shall apply only to this chapter:
Alteration. Any change affecting the exterior appearance of a structure or its
setting by additions, reconstruction, remodeling, or maintenance involving
change in color, form, texture, signs, or materials, or any such changes in
appearance of designated interiors.
Applicant. The owner of record of a property and/or structures located
thereon, or his authorized representative.
Application, complete. An application for approval sought pursuant to this
chapter shall be deemed complete if it is on a form approved by the city and all
applicable information is provided by the applicant on the form, or attachment(s)
as necessary, at the time of its filing and all required fees are paid.
Archeological conservation area. 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."
Archeological site. A single specific location which has yielded or is likely to
yield information on local history, prehistory, or paleontology. Archeological sites
may be found within archeological zones, historic sites, or historic districts.
Archeological zone. A geographically defined area which may reasonably be
expected to yield information on local history, prehistory, or paleontology based
upon broad prehistoric or historic settlement patterns.
Certificate of appropriateness. A written document, issued pursuant to this
chapter, permitting specified alterations, demolitions, ground disturbing activity,
or other work.
Contributing structure/landscape feature. A structure or landscape feature
which by location, design, setting, materials, workmanship, feeling, and
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association adds to the sense of time and place and historical development of a
historic site or historic district.
Demolition. The complete destruction of a structure, or any part thereof.
Designated property; designated historic site; designated historic district;
designated archeological zone. A historic site, historic district, or archeological
zone designated pursuant to either this chapter or article 16 of Ordinance No.
9500, the previous zoning ordinance of the city, as amended, and shown in the
historic and environmental preservation atlas.
Ground disturbing activity. Any excavation, filling, digging, removal of trees,
or any other activity that may alter or reveal an interred archeological or
paleontological site.
Historic and environmental preservation atlas. The Official Historic and
Environmental Preservation Atlas of the City of Miami, Florida, as amended,
which shows all designated historic sites, historic districts, and archeological
zones.
Historic district. A geographically defined area possessing a significant
concentration, linkage, or continuity of sites or structures united historically or
aesthetically by plan or physical development.
Historic site. A geographically defined area containing a structure or site, or
a historically related complex of structures or sites, which has a special character
or a special historic or aesthetic interest or value as part of the heritage of the
city.
Interim protection measure. The interim period of time needed to protect a
property from demolition, relocation, alteration, or new construction until such
period of time provided by law passes for the property to be considered for
designation as a historic site, historic district, or archeological zone.
Landscape feature. Vegetation, geological features, ground elevation, bodies
of water or other natural or environmental features.
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.
Rehabilitation. The act or process of returning a property to a state of utility
through repair or alteration which makes possible an efficient contemporary use
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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.
Site. The location of a significant event, a prehistoric or historic occupation or
activity, or a structure, whether standing, ruined, or vanished, where the location
itself possesses historic, cultural, archeological, or paleontological value
regardless of the value of any existing structure.
Structure. Anything constructed or erected, the use of which requires a fixed
location on the ground or attachment to something having fixed location on the
ground.
Unreasonable or undue economic hardship. An onerous and excessive
financial burden that destroys reasonable and beneficial use of property and that
would amount to the taking of property without just compensation, or failure to
achieve a reasonable economic return in the case of income-producing
properties.
Sec. 23-3. Historic and environmental preservation board; preservation
officer.
The historic and environmental preservation board (hereinafter referred to as
the "board") and the preservation officer, as established pursuant to sections 62-
186 and 62-191 of the Code, as amended, shall carry out the duties as assigned
by this chapter.
Sec. 23-4. Designation of historic sites, historic districts, and
archeological zones.
(a) Criteria for designation. Properties may be designated as historic sites,
historic districts, or archeological zones only if they have significance in the
historical, cultural, archeological, paleontological, aesthetic, or architectural
heritage of the city, state, or nation; possess integrity of design, setting,
materials, workmanship, feeling, and association; and meet one or more of the
following criteria:
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(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.
(b) Procedures for designation. Properties which meet the criteria set forth
in section 23-4(a) may be designated as historic sites, historic districts, and
archeological 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 and zoning department, any other city
department, agency, or board, the Miami -Dade County historic
preservation board, or any interested citizen, organization, agency,
association, board, or business entity. The board shall conduct a
preliminary evaluation of the data provided in the proposal for
conformance with criteria set forth in section 23-4(a); and shall, if
appropriate, direct the planning and zoning department to prepare a
designation report. The board may require the party initiating such
proposal to provide any necessary documentation, and to pay any
applicable fees.
a. Notification. At least ten days prior to the meeting at which the board
will consider the preliminary evaluation, the owner of property or his
designated agent or attorney, if any, which is the subject of said
proposal for designation shall be notified by mail of the board's intent
to consider the preliminary evaluation of the property.
b. Interim protection measures. From the date said notice of the
preliminary evaluation is provided, no building permit for any new
construction, alteration, relocation, or demolition that may affect the
property proposed for designation shall be issued until one of the
following occurs:
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The board finds that the property does not appear to meet the
criteria for designation and votes not to direct the planning and
zoning department to prepare a designation report in accordance
with section 23-4(b)(1); or
2. The board approves or denies the designation in accordance with
section 23-4(b)(3), or 120 days have elapsed, whichever shall
occur first, unless this time limit is waived on the record by mutual
consent of the owner and the board; or
3. The owner applies for an accelerated approval of a certificate of
appropriateness prior to final action on the designation by the
board, and such certificate of appropriateness has been issued in
accordance with the provisions of section 23-5. The preservation
officer shall place said application for a certificate of
appropriateness on the next available agenda of the board. Any
owner who carries out or causes to be carried out any work
without the required certificate of appropriateness shall be subject
to the provisions of section 23-6(f).
(2) Preparation of designation report. For every proposed historic site,
historic district, and archeological zone, the planning and zoning
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 archeological significance of the
proposed historic site, historic district, or archeological zone; the
criteria upon which the designation is based; a physical description of
the property; an identification of contributing structures and/or
landscape features; present trends and conditions; and incentives to
encourage preservation, rehabilitation, or adaptive use.
b. Boundaries. The designation report shall include a map or maps
indicating proposed boundaries. Boundaries for historic sites shall
generally include the entire property or tract of land, unless such tract
is so large that portions thereof are visually and functionally unrelated
to any contributing structure or landscape feature. Historic district
boundaries shall in general be drawn to include all contributing
structures reasonably contiguous within an area and may include
properties which individually do not contribute to the historic
character of the district, but which require regulation in order to
control potentially adverse influences on the character and integrity of
the district. Archeological zone boundaries shall generally conform to
natural physiographic features which were the focal points for
prehistoric and historic activities or may be drawn along property
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lines, streets, or geographic features to facilitate efficient
management.
c. Interiors. Interior spaces that have exceptional architectural, artistic,
or historic importance and that are customarily open to the public
may be subject to regulation under this chapter. The designation
report shall describe precisely those features subject to review and
shall set forth standards and guidelines for such regulations. Interior
spaces not so described shall not be subject to review under this
chapter.
(3) Notice and public hearing. The board shall conduct a public hearing to
determine whether the proposed historic site, historic district, or
archeological zone meets the criteria set forth in section 23-4(a) and
shall approve, amend, or deny the proposed designation. The board
may rehear proposals based upon policies set forth in its rules of
procedure. All public hearings on designations conducted by the board,
except as provided in section 23-4(b)(1)a, and hearings on appeals of
board decisions to the city commission regarding designations shall be
noticed as follows:
a. The owner of property or his designated agent or attorney, if any,
which is the subject of such designation shall be notified by mail at
least 30 days prior to the board's meeting and ten days prior to
subsequent administrative appellate hearings. The owner shall
receive a copy of the designation report unless there are more than
20 owners, in which case the notice shall state that a copy is
available and where it may be obtained.
b. An advertisement shall be placed in a newspaper of general
circulation at least ten days prior to the hearing.
c. Signs shall be posted pursuant to section 62-129(2)a, as amended,
of this Code.
d. Notice of the time and place of the public hearing by the board, or city
commission, as the case may be, shall be sent at least ten days in
advance of the hearing by mail to all owners of property within 500
feet of the property lines of the land for which the hearing is required.
The applicant shall be charged the appropriate fee as set forth in
section 62-156 for the mailing.
e. For the purpose of this chapter, the names and addresses of property
owners shall be deemed those appearing on the latest tax rolls of
Miami -Dade County. The preservation officer, or his/her designee,
shall certify at the time of the public hearing that notice as herein
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required was given to the persons as named and with addresses
shown on his certification by the placing in the mail system of the
United States on the date certified the herein required notice; the
certification shall be conclusive of the giving of such notice; in the
case of condominiums, notice will be sent solely to the condominium
association. No action taken by the board, or the city commission, as
the case may be, shall be voided by the failure of an individual
property owner or property owners to receive notice pursuant to this
chapter.
(4) Historic and environmental preservation atlas. Historic sites, historic
districts, and archeological zones designated pursuant to section 23-4
shall be shown in the "Official Historic and Environmental Preservation
Atlas of the City of Miami, Florida," as amended.
(5) Appeals. The property owner, any one member of the city commission,
the planning and zoning department, or any aggrieved party may appeal
to the city commission any decision of the board on matters relating to
designations by filing within 15 calendar days after the date of the
decision a written notice of appeal with the hearing boards department,
with a copy to the preservation officer. Such notice of appeal shall set
forth concisely the decision appealed from and the reasons or grounds
for the appeal. Each appeal shall be accompanied by a fee of $500.00,
plus $3.50 per mailed notice required pursuant to section 23-4(b)(3).
The city commission shall hear and consider all facts material to the
appeal and render a decision promptly. The city commission may affirm,
modify, or reverse the board's decision. Any decision to reverse the
board's decision shall require a three-fifths vote of all members of the
city commission. Appeals from decisions of the city commission may be
made to the courts as provided by the Florida Rules of Appellate
Procedure. The provisions of section 23-5 shall remain in effect during
the entire appeal process, unless stayed by a court of competent
jurisdiction.
(6) Amendments. The board may amend any designation by following the
same procedures as set forth in this section. The board may likewise
rescind any designation if the structure or feature of principal historic
significance has been demolished or destroyed.
(c) Effect of designation. Upon designation, and thereafter, the provisions of
section 23-5 shall apply.
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Sec. 23-5. 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 be required for any ground disturbing activity within a
designated archeological site or archeological zone or within an archeological
conservation area. All certificates of appropriateness shall be subject to the
applicable criteria in section 23-5(c) and any other applicable criteria specified in
this chapter, as amended. No permits shall be issued by the building department
for any work requiring a certificate of appropriateness unless such work is in
conformance with such certificate.
(b) Procedures for issuing certificates of appropriateness.
(1) Preapplication conference(s). Before submitting an application for a
certificate of appropriateness, an applicant is encouraged to confer with
the preservation officer to obtain information and guidance before
entering into binding commitments or incurring substantial expense in
the preparation of plans, surveys, and other data. At the request of the
applicant, the preservation officer, or any member of the board, an
additional preapplication conference shall be held between the applicant
and the board or its designated representative. The purpose of such
conference shall be to further discuss and clarify preservation objectives
and design guidelines in cases that may not conform to established
objectives and guidelines. In no case, however, shall any statement or
representation made prior to the official application review be binding on
the board, the city commission, or any city department.
(2) Application for certificate of appropriateness. The applicant shall submit
to the preservation officer an application together with supporting
exhibits and other materials required by the rules of procedure of the
board. No application shall be deemed to be complete until all
supporting materials required have been provided and any established
fees paid.
(3) Standard certificates of appropriateness. Where the action proposed in
an application is a minor improvement, as specified by the rules of
procedure of the board, and is in accord with the guidelines for issuing
certificates of appropriateness as set forth in section 23-5(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.
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(4) Special certificates of appropriateness. Where the action proposed in an
application involves a major alteration, relocation, or demolition, as
specified by the rules of procedure of the board, or 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 section 23-5(c), the application shall be classified as a special
certificate of appropriateness, and the following procedures shall govern.
The applicant may also request that his application be classified as a
special certificate of appropriateness.
a. Public hearing. When a complete application is received, the
preservation officer shall place the application on the next regularly
scheduled meeting of the board. The board shall hold a public
hearing to review the application. All public hearings on certificates
of appropriateness conducted by the board and hearings on appeals
of board decisions to the city commission regarding certificates of
appropriateness shall be noticed as follows:
1. The applicant shall be notified by mail at least ten calendar days
prior to the hearing.
2. Any individual or organization requesting such notification and
paying any established fees therefore shall be notified by mail at
least ten calendar days prior to the hearing.
3. An advertisement shall be placed in a newspaper at least ten
calendar days prior to the hearing.
4. Any additional notice deemed appropriate by the board.
b. Decision of the board. The decision of the board shall be based
upon the guidelines set forth in section 23-5(c), as well as the general
purpose and intent of this chapter and any specific design guidelines
officially adopted for the particular historic site, historic district, or
archeological zone. No decision of the board shall result in an
unreasonable or undue economic hardship for the owner. The board
may seek technical advice from outside its members on any
application. The decision of the board shall include a complete
description of its findings, and shall direct one of the following
actions:
1. Issuance of a special certificate of appropriateness for the work
proposed by the applicant;
2. Issuance of a special certificate of appropriateness with specified
modifications and conditions;
3. Denial of a special certificate of appropriateness, including denial
of a special certificate of appropriateness for demolition; or
4. Issuance of a special certificate of appropriateness with a
deferred effective date of up to six months in cases of demolition
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or relocation of a contributing structure or landscape feature,
pursuant to the provision of sections 23-5(c)(2), (3), and (4), or up
to 45 calendar days for any work potentially affecting an
archeological site, archeological zone, or archeological
conservation area, pursuant to the provisions of section 23-
5(c)(5).
5. Issuance of a recommendation to the city commission for a
certificate of appropriateness for any work that is included in an
application for a major use special permit (MUSP), pursuant to
article 17 of Ordinance No. 11000, the zoning ordinance of the
city of Miami, as amended.
c. 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 of any permit dependent
upon such certification, if otherwise lawful, recording as authorization
the provisions of this section. This time limit may be waived at any
time by mutual consent of the applicant and the board.
d. Records. Written copies of all decisions and certificates of
appropriateness shall be filed with the planning and zoning
department.
e. Appeals. The applicant, the planning and zoning department, or any
aggrieved party may appeal to the city commission any decision of
the board on matters relating to certificates of appropriateness by
filing within 15 calendar days after the date of the decision a written
notice of appeal with the hearing boards department, with a copy to
the preservation officer. The notice of appeal shall set forth concisely
the decision appealed from and the reasons or grounds for the
appeal. Each appeal shall be accompanied by a fee of $500.00. The
city commission shall hear and consider all facts material to the
appeal and render a decision promptly. The city commission may
affirm, modify, or reverse the board's decision. The decision of the
city commission shall constitute final administrative review, and no
petition for rehearing or reconsideration shall be considered by the
city. Appeals from decisions of the city commission may be made to
the courts as provided by the Florida Rules of Appellate Procedure.
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
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with approved guidelines, standards, and certificates of
appropriateness, the officer may issue a supplementary standard
certificate of appropriateness for such change. If the proposed
change is not in accord with guidelines, standards, or certificates of
appropriateness previously approved by the board, a new application
for a special certificate of appropriateness shall be required.
g. Conditional uses and deviations. The board shall issue special
certificates of appropriateness for conditional uses and deviations,
pursuant to the provisions of article 7 of Ordinance No. 11000, the
zoning ordinance of the city of Miami, as amended.
(5) 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 six months upon written request by the applicant, unless the
board's guidelines as they may relate to the authorized work have been
amended.
(c) 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
section 23-5(a), the proposed work shall not adversely affect the historic,
architectural, or aesthetic character of the subject structure or the
relationship and congruity between the subject structure and its
neighboring structures and surroundings, including but not limited to
form, spacing, height, yards, materials, color, or rhythm and pattern of
window and door openings in building facades; nor shall the proposed
work adversely affect the special character or special historic,
architectural or aesthetic interest or value of the overall historic site or
historic district. Except where special standards and guidelines have
been specified in the designation of a particular historic site or historic
district, or where the board has subsequently adopted additional
standards and guidelines for a particular designated historic site 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) Demolition of existing structures.
a. Decisions of the board to issue, deny or issue with a deferred
effective date applications for certificates of appropriateness for
demolition shall be based upon the following criteria:
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1. The degree to which the structure contributes to the historic
and/or architectural significance of the historic site or district;
2. Whether loss of the structure would adversely affect the historic
and/or architectural integrity of the historic site or district;
3. Whether architectural plans have been presented to the board for
the reuse of the property if the proposed demolition were to be
carried out, and the appropriateness of said plans to the character
of the historic site or district, if applicable;
4. Whether the structure poses an imminent threat to public health
or safety;
5. Whether the applicant has demonstrated that retention of the
structure would create an unreasonable or undue economic
hardship;
6. Whether there is a compelling public interest requiring the
demolition.
b. The owner shall permit access to the subject property for the purpose
of inspections and/or appraisals required by the board or
preservation officer.
c. As a condition of issuing a certificate of appropriateness for
demolition, the board may require, at the applicant's expense,
salvage and preservation of significant building materials,
architectural details and ornaments, fixtures, and the like for reuse in
restoration of other historic properties. The board may also require at
the applicant's expense the recording of the structure for archival
purposes prior to demolition. The recording may include, but shall
not be limited to, photographs and measured drawings.
d. As a condition of issuing a certificate of appropriateness for
demolition, the board may require that no building permit be issued
for the demolition of said structure until a building permit for the
construction of a new building has been issued, if new construction is
proposed.
(3) Relocation of existing structures. Relocation of historic structures from
their original location shall be discouraged; however, the board may
grant a certificate of appropriateness if it finds that no reasonable
alternative is available for preserving the structure on its original site and
the proposed relocation site is compatible with the historic and
architectural character of the structure. The board may issue a
certificate with a delayed effective date of up to six months in order to
explore alternatives to relocating the structure in question.
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(4) Removal of landscape features.
a. No certificate of appropriateness shall be granted for removal,
relocation, concealment or effective destruction by damage of any
contributing landscape features identified in the designation report
unless one of the following conditions exists:
1. The landscape feature is located in the buildable area or yard
area where a structure may be placed and unreasonably restricts
the permitted use of the property; or
2. The landscape feature is inappropriate in a historic context or
otherwise detracts from the character of the historic site or historic
district; or
3. The landscape feature is diseased, injured, or in danger of falling;
unreasonably interferes with utility service, creates unsafe vision
clearance; or conflicts with other applicable laws and regulations.
b. As a condition of granting the certificate of appropriateness, the
applicant may be required to relocate or replace identified landscape
features.
(5) 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 concerning the required scope of
archeological work. The board may require any or all of the
following.-
1.
ollowing:
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 archeological site for
green space, if the site is of exceptional importance and such
denial would not unreasonably restrict the primary use of the
property.
b. The board may issue a certificate of appropriateness with a delayed
effective date of up to 45 calendar days to allow any necessary site
excavation or assessment.
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(6) Unreasonable or undue economic hardship.
a. Where strict enforcement of the provisions of this section would result
in an unreasonable or undue economic hardship to the applicant, the
board shall have the power to vary or modify the provisions of this
section, including adopted guidelines. The fact that compliance
would result in some increase in costs shall not be considered
unreasonable or undue economic hardship if the use of the property
is still economically viable.
b. Any applicant wishing to assert unreasonable or undue hardship
must submit as a part of the application for a certificate of
appropriateness a written statement presenting the factual data
establishing such economic hardship. The written statement
presenting factual data shall be in the form of a sworn affidavit
containing the following information. -
1 .
nformation:
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 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 describe the reasons why such information is
unavailable.
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d. Notwithstanding the submission of the above information, the board
may require, at the applicant's expense, additional evidence,
including, but not limited to, architectural, structural and/or financial
evaluations or studies as are reasonably necessary in the opinion of
the board to determine the economic feasibility of rehabilitation of the
structure.
Sec. 23-6. Administration, enforcement, violations, and penalties.
(a) Ordinary maintenance and repair. Nothing in this chapter shall be
construed to prevent or discourage the ordinary maintenance or repair of any
structure when such maintenance or repair does not constitute an alteration, or to
prevent the ordinary maintenance of landscape features.
(b) Enforcement of maintenance and repair provisions. When the board or
preservation officer determines that any designated property is endangered by
lack of maintenance and repair, or that any other property in visual proximity to a
designated property lacks maintenance and repair to such an extent as to detract
from the character of the designated property, the board or officer may request
appropriate officials or agencies of the city to require correction of such
deficiencies under authority of applicable laws and regulations.
(c) Unsafe structures. In the event the building official of the city determines
that any designated property is unsafe pursuant to chapter 8.5 of the Code of
Miami -Dade County, Florida, as amended, he shall immediately notify the board
with copies of such findings. Where reasonably feasible within applicable laws
and regulations, the building official shall endeavor to have the structure repaired
rather than demolished and shall take into consideration any comments and
recommendation of the board. The board may take appropriate actions to effect
and accomplish preservation of such structure, including, but not limited to,
negotiations with the owner and other interested parties, provided that such
actions do not interfere with the procedures in chapter 8.5 of the Code of Miami -
Dade County, Florida, as amended.
(d) Emergency conditions. For the purpose of remedying emergency
conditions determined to be imminently dangerous to life, health, or property,
nothing contained herein shall prevent any temporary construction,
reconstruction, demolition, or other repairs to a designated property, pursuant to
an order of a government agency or a court of competent jurisdiction, provided
that only such work as is reasonably necessary to correct the emergency
condition may be carried out. The owner of a structure damaged by fire or
natural calamity may stabilize the structure immediately and rehabilitate it later
under the provisions of this chapter.
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(e) Enforcement. The building department and the code inspectors as
defined in section 2-813 shall assist the board by making necessary inspections
in connection with the enforcement of this chapter. The building department shall
be responsible for promptly stopping any work attempted to be done without or
contrary to any certificate of appropriateness required under this chapter; and
shall further be responsible for ensuring that any work not in accordance with a
certificate of appropriateness is voluntarily corrected to comply with said
certificate.
(f) Violations and penalties. Any person who carries out or causes to be
carried out any work in violation of this chapter shall be required to restore the
designated property either to its appearance prior to the violation or in
accordance with a certificate of appropriateness approved by the board. The
following procedures shall govern.-
(1)
overn:(1) Referral to preservation board. The building department and code
inspectors as defined in section 2-813 shall refer all violations to the
board, unless such violation is voluntarily corrected to comply with a
previously issued certificate of appropriateness.
(2) Preservation board public hearing. The board shall conduct a public
hearing with notice as set forth in section 23-5(b)(4)a.
(3) Decision of preservation board. The board shall make findings based
upon the provisions of this section and the guidelines set forth in section
23-5(c) 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 section 23-5(b)(4)e.
(4) Referral to code enforcement board. If the work authorized by any
certificate of appropriateness issued pursuant to section 23-6(f)(3) above
is not commenced and/or completed within the time specified, or if a
subsequent violation of a certificate of appropriateness issued pursuant
to this section is found, the building department or code inspectors as
defined in section 2-813 shall initiate enforcement proceedings before
the code enforcement board pursuant to the provisions of section 2-814
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17 Record for item(s) PZ. 3
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of the Miami City Code. This remedy shall be in addition to and not in
lieu of any criminal or civil prosecution and penalty that may be provided.
(g) Conflicts. Where there are conflicts between the requirements of this
chapter and provisions of the zoning ordinance or other codes covering the same
subject, the most restrictive requirements shall apply.
(h) Application equally to private parties and public bodies. The provisions
of this chapter shall apply equally to plans, projects, or work executed or assisted
by any private party, governmental body or agency, department, authority, or
board of the city, county, or state.
Submitted into the public
Record for item(s) PZ. 3
18 on 10/9/2014, City Clerk