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File ID: #8564
Ordinance
Second Reading
Sponsored by: Francis Suarez, Mayor, Ken Russell, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
17/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), TITLED "ENVIRONMENTAL PRESERVATION/TREE PROTECTION
IN GENERAL", CHAPTER 17/ARTICLE II OF THE CITY CODE, TITLED
"ENVIRONMENTAL PRESERVATION/ENVIRONMENTAL PRESERVATION
DISTRICTS", AND CHAPTER 23/ARTICLE I OF THE CITY CODE, TITLED "HISTORIC
PRESERVATION/HISTORIC PRESERVATION"; MORE SPECIFICALLY, BY
AMENDING SECTION 17-2, TITLED "DEFINITIONS", SECTION 17-8, TITLED
"APPEALS, APPELLATE FEES", SECTION 17-26, TITLED "DEFINITIONS", SECTION
17-31, TITLED "ENVIRONMENTAL PRESERVATION DISTRICTS", SECTION 17-33,
TITLED "REMOVAL OF TREES AND DEVELOPMENT ACTIVITY WITHIN
ENVIRONMENTAL PRESERVATION DISTRICTS", SECTION 17-40, TITLED
"APPEALS", SECTION 23-2, TITLED "DEFINITIONS", SECTION 23-4, TITLED
"DESIGNATION OF HISTORIC RESOURCES, HISTORIC DISTRICTS, MULTIPLE
PROPERTY DESIGNATIONS, AND ARCHAEOLOGICAL SITES AND ZONES",
SECTION 23-6, TITLED "TRANSFER OF DEVELOPMENT RIGHTS AND DENSITY
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",
AND SECTION 23-6.2, TITLED "CERTIFICATES OF APPROPRIATENESS", TO
SPECIFICALLY PROVIDE A DEFINITION OF INTERVENOR AND AN OPPORTUNITY
FOR INTERVENOR STATUS FOR CERTAIN PUBLIC HEARINGS RELATED TO
ENVIRONMENTAL PRESERVATION AND HISTORIC PRESERVATION MATTERS;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
City of Miami File ID: 8564 (Revision: B) Printed On: 5/16/2025
City of Miami
Legislation
Ordinance
Enactment Number: 13971
File Number: 8564 Final Action Date: 2/25/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
17/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), TITLED "ENVIRONMENTAL PRESERVATION/TREE PROTECTION
IN GENERAL", CHAPTER 17/ARTICLE II OF THE CITY CODE, TITLED
"ENVIRONMENTAL PRESERVATION/ENVIRONMENTAL PRESERVATION
DISTRICTS", AND CHAPTER 23/ARTICLE I OF THE CITY CODE, TITLED "HISTORIC
PRESERVATION/HISTORIC PRESERVATION"; MORE SPECIFICALLY, BY
AMENDING SECTION 17-2, TITLED "DEFINITIONS", SECTION 17-8, TITLED
"APPEALS, APPELLATE FEES", SECTION 17-26, TITLED "DEFINITIONS", SECTION
17-31, TITLED "ENVIRONMENTAL PRESERVATION DISTRICTS", SECTION 17-33,
TITLED "REMOVAL OF TREES AND DEVELOPMENT ACTIVITY WITHIN
ENVIRONMENTAL PRESERVATION DISTRICTS", SECTION 17-40, TITLED
"APPEALS", SECTION 23-2, TITLED "DEFINITIONS", SECTION 23-4, TITLED
"DESIGNATION OF HISTORIC RESOURCES, HISTORIC DISTRICTS, MULTIPLE
PROPERTY DESIGNATIONS, AND ARCHAEOLOGICAL SITES AND ZONES",
SECTION 23-6, TITLED "TRANSFER OF DEVELOPMENT RIGHTS AND DENSITY
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",
AND SECTION 23-6.2, TITLED "CERTIFICATES OF APPROPRIATENESS", TO
SPECIFICALLY PROVIDE A DEFINITION OF INTERVENOR AND AN OPPORTUNITY
FOR INTERVENOR STATUS FOR CERTAIN PUBLIC HEARINGS RELATED TO
ENVIRONMENTAL PRESERVATION AND HISTORIC PRESERVATION MATTERS;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Article 7 of Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code"), provides an opportunity for persons whose
interests in the proceedings are adversely affected in a manner greater than those of the
general public to intervene in certain quasi-judicial hearings; and
WHEREAS, Article 7 of the Miami 21 Code further states that a qualified intervenor may
make a presentation, conduct cross-examinations, and make final arguments in the order
decided by the Chair of the body; and
WHEREAS, Article 7 of the Miami 21 Code also provides that a qualified intervenor is a
Party, which shall have the right to call and examine witnesses, to introduce exhibits, to cross-
examine opposing witnesses on any relevant matter, and to rebut evidence; and
WHEREAS, neither Chapter 17, titled "Environmental Preservation", nor Chapter 23,
titled "Historic Preservation," of the Code of the City of Miami, Florida, as amended ("City
Code"), provide for intervenor status; and
City of Miami File ID: 8564 (Revision: B) Printed On: 5/16/2025
WHEREAS, in order to safeguard procedural due process rights in certain public
hearings before the Historic and Environmental Preservation Board and the City Commission,
the City Commission desires to incorporate the Miami 21 Code intervenor process into Chapter
17, titled "Environmental Preservation", and Chapter 23, titled "Historic Preservation", of the City
Code by specifically providing an opportunity for persons whose interests in those proceedings
are adversely affected in a manner greater than those of the general public to intervene in
historic and environmental preservation matters; 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 of Miami and its residents to
amend the 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 if fully set forth in this Section.
Section 2. Chapter 17 of the City Code, titled "Environmental Preservation", is hereby
amended in the following particulars:I
"CHAPTER 17
ENVIRONMENTAL PRESERVATION
ARTICLE I: TREE PROTECTION IN GENERAL
Sec. 17-2. - Definitions.
For the purposes of this article, the following words and phrases shall have the
meaning respectively ascribed to them by this section. Definitions for industry terms are based
on the American National Standards Institute A-300 Standards for Tree Care Operations -
Tree, Shrub, and other Woody Plant Management - Standard Practices (most recent edition;
containing all Parts); International Society of Arboriculture Glossary of Arboricultural Terms
(most recent edition); and University of Florida Institute of Food and Agricultural Science
Bulletin SS-FOR-11 Forest Terminology for Multiple -Use Management.
Internode/internodal: The region of a tree's stem between two successive nodes; length of a
branch or stem growing between the nodes.
Intervenor. A person whose interests in the proceeding are adversely affected in a manner
greater than those of the general public. A person shall be entitled to the presumption of
Intervenor status if the person owns the subject property or owns property abutting the subject
property. Furthermore, a person shall be entitled to Intervenor status if the person owns
property within a five hundred foot (500') radius from the subject property but is not the property
owner or abutting property owner and has a particular interest in the application that is different
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.
City of Miami File ID: 8564 (Revision: B) Printed On: 5/16/2025
in kind and degree than the general public. Abutting shall mean to reach or touch; to touch; to
touch at the end or be contiguous with; join at a border or boundary; terminate on; and includes
properties across a street or alley. A person recognized by the decision -making body, including
the Historic and Environmental Preservation Board and the City Commission, as an Intervenor
may make a presentation, call and examine witnesses, conduct cross-examinations of
witnesses, introduce exhibits, rebut evidence, and make final arguments in the order as decided
by the Chair of the body to effectuate orderly and efficient proceedings.
Landscape manual: The Miami -Dade County Landscape Manual, latest edition, which is the
official landscape manual issued by Miami -Dade County, Florida, and incorporated herein by
reference. The landscape manual, as amended from time to time, is adopted by reference by
the city and deemed incorporated by reference as if set forth herein. If a conflict arises
between the landscape manual and this article, the latter shall prevail. The landscape manual
shall be used in conjunction with section 24-49.9 of the Miami -Dade County Code and said
section shall be relied on for any conflicts between the landscape manual and the Miami -Dade
County Code for Prohibited Species.
Sec. 17-8. - Appeals, appellate fees.
(a) Appeals to the historic and environmental preservation board ("HEPB"). The property
owner, the applicant, or any aggrieved party having standing under state law, may
appeal to the HEPB any decision of the department on matters relating to applications
for tree permits, except for tree permits granted to the departments of public works or
capital improvements program, by filing a written notice of appeal to the preservation
officer, as established in chapter 23 of this Code, within ten calendar days after the
date of the intended decision. The notice of appeal shall include the decision appealed
from and the reasons or grounds for the appeal. A person whose interests in the
proceeding are adversely affected in a manner greater than those of the general public
may request Intervenor status as defined in this Chapter. HEPB shall hear and consider
all facts material to the appeal. HEPB may affirm, modify or reverse the decision of the
department.
(b) Appeals to the city commission. The property owner, the applicant, the department, or
any aggrieved party having standing under state law, may appeal to the city
commission any decision of the HEPB on matters relating to applications for tree
permits by filing a written notice of appeal with the department of hearing boards
within 15 calendar days after the date of the decision. The property owner, the
applicant, or any aggrieved party having standing under state law may appeal to the
city commission any decision by the department on matters relating to tree permit
applications for the departments of public works or capital improvements program or to
their contractors, by filing a written notice of appeal with the department of hearing
boards, within 15 calendar days after the date of the intended decision. The notice of
appeal shall include the decision appealed from and the reasons or grounds for the
appeal. The city commission shall conduct a hearing de novo as a body of original
jurisdiction, upon any appeal and/or review from an appealable decision under the
terms of this article, as amended. A person whose interests in the proceeding are
adversely affected in a manner greater than those of the general public may request
Intervenor status as defined in this Chapter. New evidence or materials may be
received by the city commission where such evidence or materials are pertinent to a
determination of the appeal. The city commission may hear the testimony of witnesses
and/or any other evidence offered by any person aggrieved or by any officer, board or
agency of the city affected thereby or by any interested party having an interest in the
City of Miami File ID: 8564 (Revision: B) Printed On: 5/16/2025
appeal under state law and may, in conformity with this article and other applicable
laws, rules and regulations, render its decision. The city commission shall hear and
consider all facts material to the appeal and may affirm, modify or reverse, in whole or
in part, with or without conditions, HEPB's decision, or may grant or deny the appeal of
the tree permit issued to the departments of public works and capital improvements.
ARTICLE II. ENVIRONMENTAL PRESERVATION DISTRICTS
Sec. 17-26. - Definitions.
For the purposes of this article, definitions are found in section 17-42.
Sec. 17-31. - Environmental preservation districts
(c) Procedure for designation.
(1) Areas or sites to be considered as environmental preservation districts may be
recommended to HEPB by private individuals and organizations (after providing
sufficient evidence that the resource qualifies under the provisions of this
Code), all city departments, HEPB and the city commission.
(2) All areas to be considered must be evaluated by the HEPB with the appropriate
recommendations conveyed to the city commission.
(3) A letter or invitation shall be delivered to the owners of all property within the
boundaries of the proposed environmental preservation district, with a full
explanation of the reasons for the environmental significance of the property,
the effect of the proposed classification and the process by which
environmental preservation districts are officially designated. The owners will
be invited to appear at a public hearing before HEPB to discuss the matter.
Should there be more than 50 property owners within the proposed scenic
transportation corridor, a notice published in a newspaper of general circulation
at least ten days prior to the hearing, stating the aforementioned information
and including the date, time, place and reason for the HEPB hearing shall be
considered sufficient notice. Following the decision of HEPB, the property may
then be recommended by the board to the city commission for designation as
an environmental preservation district.
(4) The areas recommended by the HEPB and approved by the city commission
are established as environmental preservation districts. These sites or areas
are then added to the official map delineating environmental preservation
districts on file with the department.
A person whose interests in the proceeding are adversely affected in a manner
greater than those of the general public may request Intervenor status as defined
in this Chapter at the hearing(s).
City of Miami File ID: 8564 (Revision: B) Printed On: 5/16/2025
Sec. 17-33. - Removal of trees and development activity within environmental preservation
districts.
(a) Certificate of approval required. No person, agent or representative thereof, directly or
indirectly, shall cut down, destroy, move or effectively destroy through damaging any
tree or other environmentally significant feature within an environmental preservation
district without first obtaining a certificate of approval and must abide by tree removal
as set for in article I. No person, agent or representative thereof shall commence any
development activity within an area visible from a public way within an environmental
preservation district without first obtaining a certificate of approval, standard and
special, as hereinafter provided:
(c) Application review. The preservation officer shall review the application, which shall
include a site inspection or referral to other departments, and determine whether the
type and extent of the proposed work falls within the jurisdiction of a standard
certificate of approval or a special certificate of approval.
*
(2) Where the nature and extent of proposed work requires a special certificate of
approval, the historic and environmental preservation board shall hold a public hearing
and take action within 45 days of receipt of a completed application. A person whose
interests in the proceeding are adversely affected in a manner greater than those of the
general public may request Intervenor status as defined in this Chapter. The board shall
either authorize a special certificate of approval, with or without conditions, or deny
such special certificate of approval with specified reasons therefore.
Sec. 17-40. - Appeals.
(a) Appeals to the historic and environmental preservation board. Any citizen may appeal
any decision of the department of planning, and the code enforcement department of
any term or provision of this article to HEPB, by filing, within ten days after the date of
the initial decision, a written notice of appeal with the city manager, with a copy to the
city clerk and the preservation officer, which shall set forth precisely the decision
appealed from and the reasons or grounds for the appeal. Each appeal shall be
accompanied by the applicable fee. The enforcement agency shall immediately issue a
stop work order for any work which could be affected by the subject appeal, pending
final disposition of the appeal. A person whose interests in the proceeding are adversely
affected in a manner greater than those of the general public may request Intervenor
status as defined in this Chapter. The historic and environmental preservation board
shall hear at a public hearing all facts material to the appeal and render a decision
within 45 days of the filing of such appeal. The historic and environmental preservation
board may affirm, modify or reverse the decision appealed from, provided that the
board shall not take any action which conflicts with or nullifies any of the provisions of
this article.
(b) Appeals to the city commission. Any citizen may appeal any decision of the historic
and environmental preservation board as it relates to this article, to the city
City of Miami File ID: 8564 (Revision: B) Printed On: 5/16/2025
commission by filing within ten days after the date of the decision, a written notice of
appeal with the city manager, with a copy to the city clerk and the preservation officer,
which shall set forth precisely the decision appealed from and the reasons or grounds
for the appeal. Each appeal shall be accompanied by the applicable fee. The
enforcement agency shall immediately issue a stop work order for any work which
could be affected by the subject appeal, pending final disposition of the appeal. A
person whose interests in the proceeding are adversely affected in a manner greater
than those of the general public may request Intervenor status as defined in this
Chapter. The city commission shall hear and consider all facts material to the appeal
and render a decision within 45 days of the filing of such appeal. 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."
Section 3. Chapter 23 of the City Code, titled "Historic Preservation", is hereby amended
in the following particulars:2
"CHAPTER 23
HISTORIC PRESERVATION
ARTICLE I. HISTORIC PRESERVATION
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:
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, multiple property designation, or
archaeological zone.
Intervenor. A person whose interests in the proceeding are adversely affected in a manner
greater than those of the general public. A person shall be entitled to the presumption of
Intervenor status if the person owns the subject property or owns property abutting the subject
property. Furthermore, a person shall be entitled to Intervenor status if the person owns
property within a five hundred foot (500') radius from the subject property but is not the property
owner or abutting property owner and has a particular interest in the application that is different
in kind and degree than the general public. Abutting shall mean to reach or touch; to touch; to
touch at the end or be contiguous with; join at a border or boundary; terminate on; and includes
properties across a street or alley. A person recognized by the decision -making body, including
the Historic and Environmental Preservation Board and the City Commission, as an Intervenor
may make a presentation, call and examine witnesses, conduct cross-examinations of
witnesses, introduce exhibits, rebut evidence, and make final arguments in the order as decided
by the Chair of the body to effectuate orderly and efficient proceedings.
2 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.
City of Miami File ID: 8564 (Revision: B) Printed On: 5/16/2025
Landscape feature. Vegetation, geological features, ground elevation, bodies of water or other
natural or environmental features.
Sec. 23-4. Designation of historic resources, historic districts, multiple property designations,
and archaeological sites and zones.
*
(c) Procedures for designation. Properties which meet the criteria set forth in section 23-4 may
be designated as historic resources, historic districts, multiple property designations, and
archaeological sites and zones according to the following procedures:
(3)
Notice and public hearing. The board shall conduct a public hearing to determine
whether the proposed historic resource, historic district, multiple property
designation, archaeological site or zone meets the criteria set forth in subsection (a)
and shall approve, amend, or deny the proposed designation. A person whose
interests in the proceeding are adversely affected in a manner greater than those of
the general public may request Intervenor status as defined in this Chapter. All
approvals or amendments of designations by the Board shall require an affirmative
vote of a supermajority of the Board members present. 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 (c)(1)a.,
and hearings on appeals of board decisions to the city commission regarding
designations shall be noticed as follows:
(7) Appeals.
a. The property owner, any one member of the city commission, the planning
department, or any aggrieved party that has standing under Florida law may
appeal to the city commission any decision of the board on matters relating to
designations by filing within sixty (60) 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. Appellate fees for
property owners of involuntarily designated residentially zoned properties in a T3-
0 designated transect zone that are not the applicants, are waived. The city shall
bear the cost prescribed by Chapter 62 for each mailed notice required pursuant
to this Section. Except as appellate fees and mailed notice costs are expressly
waived above, each appeal shall be accompanied by a fee of $525.00, plus the
cost prescribed by Chapter 62 for each mailed notice required pursuant to this
Section. A person whose interests in the proceeding are adversely affected in a
manner greater than those of the general public may request Intervenor status as
defined in this Chapter. 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 this section 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
City of Miami File ID: 8564 (Revision: B) Printed On: 5/16/2025
accordance with the zoning ordinance. Appeals concerning designations shall be
made directly to the city commission, within -sixty (60) calendar days after the
date of the decision, and follow the procedures described herein. The Office of
Hearing Boards shall schedule the appeal on the next available City Commission
meeting following receipt of the appeal.
Sec. 23-6. - Transfer of development rights and density 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.
(6) 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. A person whose interests in the proceeding are adversely affected
in a manner greater than those of the general public may request Intervenor
status as defined in this Chapter.
In making its decision as to whether to certify the resource, the board shall
consider:
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
such certifications 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 the cost prescribed by
Chapter 62 for each mailed notice required pursuant to subsection 23-4(c)(3).
The city commission shall hear and consider all facts material to the appeal
and render a decision as promptly as possible. A person whose interests in the
proceeding are adversely affected in a manner greater than those of the general
public may request Intervenor status as defined in this Chapter. 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(c) shall remain in effect during the entire
appeal process insofar as they do not conflict with this Section, 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. 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 herein.
City of Miami File ID: 8564 (Revision: B) Printed On: 5/16/2025
Sec. 23-6.2. - Certificates of appropriateness.
(b) Procedures for issuing certificates of appropriateness.
(4) 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 govern:
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. A person whose interests in the proceeding are adversely
affected in a manner greater than those of the general public may request
Intervenor status as defined in this Chapter. 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:
(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 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 the cost prescribed by Chapter 62 for each mailed notice required. A person whose
interests in the proceeding are adversely affected in a manner greater than those of the
general public may request Intervenor status as defined in this Chapter. 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."
Section 4. 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.
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Section 5. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.3
APPROVED AS TO FORM AND CORRECTNESS:
3 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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.
City of Miami File ID: 8564 (Revision: B) Printed On: 5/16/2025