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r) R . HEPB Resolution Miami, FL 33133
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Enactment Number: HEPB-R-17-050
File Number: 2967 Final Action Date:10i3i2017
A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD RECOMMENDING APPROVAL, AS MODIFIED, TO AN
AMENDMENT TO CHAPTER 23 OF THE CITY CODE OF THE CITY OF MIAMI, AS
AMENDED, ENTITLED "HISTORIC PRESERVATION," TO PROVIDE DEFINITIONS
AND ESTABLISH PROVISIONS FOR MULTIPLE PROPERTY DESIGNATIONS AS
INDICATED IN THE ATTACHED EXHIBIT "A".
Modification:
(2) b. Boundaries.
... Properties within the boundary that have no relation to theme will not require
regulation under this Chapter of the Code of the City of Miami unless individually
designated historic resources ...
r1
Preservation blicer
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE )
t ,; AI- -
Date
Personally appeared before me, the undersigned authority, Wj!jVy f1 : dCIMS, Preservation Officer of the City of Miami,
Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS A— DAY OF (OC--+ 201—
i 6e__QH-k 7 AA\JQ-C?
Print Notary Name
Personally know or Produced I.D.
Type and number of 1. D. produced
Did take an oath h-� or Did not take an oath
Notary Public State of Flor'
My Commission Expires:
9E4TRIZ ALVAREZ
r`rr c+r MY COMMISSION 4 FF 071860
., EXPIRES: November 20, 2017
Banded Thru Notary Public Uriderwr ers
City of Miami Page 1 of i Fire ID: 2967 (Revision;) Printed On: 101412017
EXHIBIT "A"
City of Miami
Planning and Zoning Department
v 3Sv tlft
Historic Preservation Office
STAFF REPORT
APPLICANT: City of Miami
PROJECT ADDRESS: Citywide
A. GENERAL INFORMATION:
FILE ID: 2967
ITEM: HEPB. 7
HEARING DATE: 9/512017
REQUEST: The Preservation Office is respectfully requesting the Historic and Environmental
Preservation Board approve an amendment, hereto attached as "Exhibit A", to Chapter 23 of the City
Code of the City of Miami ("City Code"), as amended, entitled "Historic Preservation", to provide
definitions and establish provisions for multiple property designations.
B. ANALYSIS:
Multiple property designation establishes provisions whereby a group of thematically -related
significant properties can be nominated for historic designation. The themes, trends, and patterns of
history shared by the properties are organized into historic contexts and the property types that
represent those historic contexts are defined. A collection of two or more historic resources related
by a common theme, general geographical area, and period of time may be considered for multiple
property designation. Each historic resource included in the multiple property designation must meet
the designation criteria set forth in Section 23-4 of the City Code,
This approach can furnish essential information for historic preservation planning because it
evaluates properties on a comparative basis within a given geographical area and because it can be
used to establish preservation priorities based on historical significance.
Multiple property designation is a streamlined alternative to historic district designation as only
eligible thematically -related resources are surveyed,
This approach can be used to add historic resources to the National Register of Historic Places and
the Local Register in municipalities that have adopted this approach, for example, the City of Tampa
C. CONCLUSION:
Pursuant to Section 62-28, the Historic and Environmental Preservation Board has the power, duty
and authority to recommend text amendments to Chapter 23 of the City Code.
W. Adams Multiple Property Text Amendment File No. 2967
912212017 Page 1 of 2
Q. RECOMMENDATION:
Preservation staff recommends approval of the text amendment to Chapter 23 of the City Code, as
amended, entitled "Historic Preservation", provide definitions and establish provisions for multiple
property designations.
2,L(
Warren Adams
Preservation Officer
W. Adams Multiple Property Text Amendment File No. 2987
9122017 Page 2 of 2
EXHIBIT A
"Chapter 23, as amended"
Chapter 23 - HISTORIC PRESERVATIONill
ARTICLE I. - HISTORIC PRESERVATION'-°
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 archaeological resources. This chapter is further intended to:
(1) Effect and accomplish the protection, enhancement, perpetuation, and use of structures,
landscape features, archaeological and pale ontological resources, areas, neighborhoods, and
scenic vistas which represent distinctive elements of the city's historic, cultural, archaeological,
pale ontological, 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 resources, historic districts: multiple property designations, and
archaeological sites and 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, archaeological, paleontological, aesthetic,
and architectural heritage.
(2) Provide a mechanism whereby the HEPB may, in the interest of historic preservation, waive
certain zoning requirements for those existing structures deemed individually significant, or
"contributing" within a designated historic district, or a thematically -related historic resource within
a multiple property designation.
(3) Provide a mechanism whereby the historic and environmental preservation board may, in the
interests of historic preservation, allow signage which has been deemed "historic" to remain, and
be repaired, restored, relocated, structurally altered, or reconstructed.
(4) Through the historic preservation exception or exclusion, provide mechanisms for the granting
of certain uses when the granting of such use is necessary to encourage or assure the continued
preservation of the individually designated historic resource, or "contributing" building within a
historic district or a thematically -related historic resource within a multiple property designation,
(5) Provide an incentive for historic resources, and those deemed "eligible" by the city HEPB for
historic designation, known as "Transfer of Development Rights for Historic Resources."
(6) Establish minimum standards to qualify eligible resources, that while not yet officially locally
designated under the provisions of this chapter, qualify as eligible for listing and thereby may
apply for transfer of development rights, provided that the resource is formally listed in the city
register of historic places within one year from the date of the historic and environmental
preservation board's review of the application.
(7) Establish procedures for the review of nominations to the national register of historic places as
governed by the requirements of the state division of historical resources.
Page 1
(8) Assure that alterations and new construction within designated historic sites, historic districts,
multiple property designations and archaeological zones are compatible with the property's
historic character.
(c) Pursuant to subsection 16A -3(2)(c) of the Code of Miami -Dade County, Florida, the city expressly
reserves and retains jurisdiction over archaeological zones and sites within the city.
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:
Accelerated certificate of appropriateness. A review of proposed physical changes to a historic
resource that is conducted by the board concurrently with a request for historic designation.
Adaptive reuse. The process of converting a building to a use other than that for which it was designed.
Addition. A construction project physically connected to the exterior of a building,
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 their 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 applicable or necessary, at the time of its filing and all required fees are
paid.
Archaeological 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" where the probability of sub -surface
artifacts is considered likely.
Archaeological site. A single specific location which has yielded or is likely to yield information on local
history, prehistory, or paleontology, and which has been designated as such through the provisions of this
chapter.
Archaeological 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, and which has been designated as such through the provisions of this chapter.
Certificate of appropriateness. A written document, issued pursuant to this article, permitting specified
alterations, demolitions, or other work; or to allow certain waivers from the criteria set forth in the zoning
ordinance and this chapter.
Certificate of approval. A written document permitting tree removal or development activity within those
areas identified and estab€fished as environmental preservation districts or scenic transportation corridors.
Certificate of transfer. A written document issued by the Planning Director to the eligible historic
resource (sending site), stipulating the amount of area available for transfer.
Certificate to dig. A written document permitting certain ground disturbing activities, such as filling,
grading, swimming pool excavation and the removal of vegetation or trees that may involve the discovery
of as yet unknown or known archaeological resources within a designated archaeological site or zone.
Certified local government. A government satisfying the requirements of the U.S. National Historic
Preservation Act amendments of 1980 (Public Law 96-515) and the implementing of applicable regulations
of the department of the interior and the state.
Page 2
Contributing resource/landscape feature. A building, landscape feature, site, structure or object that
adds to the historical/architectural qualities, historic associations, or archaeological values for which a
district is significant because: it was present during the period of significance of the district, and possesses
historic integrity, reflecting its character at that time; or it is capable of providing important information about
the period; or it independently meets the National Register of Historic Places criteria for evaluation set forth
in 36 CFR Part 60.4 incorporated by reference.
Cultural facility. A place established for the advancement of culture, including but not limited to: art,
dance, music, literature and other intellectual and performance activities.
Demolition. The complete destruction of a structure, or any part thereof.
Demolition by neglect. The deliberate or inadvertent failure to maintain minimum maintenance
standards for those properties designated historic either individually or as a contributing property within a
historic district or as a thematically -related historic resource within a multiple property designation by action
of the historic and environmental preservation board.
Eligible historic resource. A term used to describe archaeological sites and individual buildings, which
have not yet been locally designated under the provisions under this chapter but have met the eligibility
criteria and been certified by the historic and environmental preservation board as having met that criteria;
so that they may take advantage of the transfer of development rights program, providing that their owners
commit to the official local designation within a period of one year from the board's approval of the
determination of eligibility,
Environmental preservation district. Geographical areas, parcels or corridors, which have been or may
be identified in the future, established by the city commission as having significant natural or landscape
attributes in need of preservation and control because of their educational, economic, ecological and
environmental importance to the welfare of the general public and the city as a whole, and identified in the
official atlas of environmental preservation districts and scenic transportation corridors.
Existing conditions report. A report prepared by a registered architect or engineer that describes the
current general condition of an eligible historic resource that is applying for a certificate of transfer.
Florida master site file (FMSF). The list, or catalog, maintained by the division of historical resources,
of those recorded historical and archaeological sites and properties in the state, usually the result of a
systematic survey.
Ground disturbing activity. Any excavation, filling, digging, removal of trees, or any other activity that
may alter or reveal an interred archaeological or pale ontological site.
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 and environmental preservation atlas. The official historic and environmental preservation
atlas of the city, as amended, which shows all designated historic sites, historic districts, multiple property
designations, and archaeological zones,
Historic preservation exception. When used in this chapter, an exception allows for a certain use to be
allowed in specifically identified transects, when such use results in significant preservation strategies.
Historic preservation exclusion. When used in this chapter, an exclusion allows for a cultural facilities
use in medium and high density multifamily (general urban) zones, when such use results in significant
preservation objectives.
Historic preservation waiver. When used in this chapter, a difference from what is required under the
underlying transect provisions and what may be allowed when used to promote historic preservation.
Historic resource. An overarching term used to describe the various categories of properties which
have demonstrated significance in the history of the city, the county, the state and/or the nation. These
properties include landscape features, archaeological sites and zones, structures, buildings, districts,
multiple_ property designations, and objects.
Page 3
Historic sign. A sign that has demonstrated artistic, historic, cultural, and/or aesthetic value, as
determined by resolution of the HEPB.
Historic site. The location of a significant event, a prehistoric or historic occupation or activity, or a
vanished structure, where the location itself possesses historic, cultural, archaeological, or pale ontological
value.
Infill. New construction that has been designed and built to replace missing structures or otherwise fill
gaps in the streetscape of a historic district.
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.
Landscape feature. Vegetation, geological features, ground elevation, bodies of water or other natural
or environmental features.
Locally designated historic resource. Any archaeological site or zone; individual building; structure,
object, landscape feature, or historic district, or multiple propertV designation that has been approved for
designation by the city's HEPB, as prescribed by the provisions of this chapter, and shown in the historic
and environmental preservation atlas.
Maintenance plan. A written document submitted by the owner of an eligible historic resource for the
transfer of development rights program, that identifies any existing deficiencies in the building along with a
remediation plan for the short term, and which further identifies a plan for the cyclical maintenance of the
building for the long term.
Miami register of historic places. The list of locally designated historic resources that have met the
criteria for significance and have been designated by the HEPB, pursuant to the provisions of this chapter.
Mufti le Property des nation. A collection of two.(2) or more historic resources related b a common
theme, general geographical area, and period of time that has been designated by the HEPB, pursuant to
the provisions of this chapter. A group of historic resources shall qualify for designation as a multiple
Property designation when each historic resource meets the designation criteria set forth in section 234.
National register of historic places. The list of historic properties significant in American history,
architecture, archaeology, engineering and culture, maintained by the Secretary of the Interior, as
established by the National Historic Preservation Act of 1966, as amended.
Non-contributing resource. A building, landscape feature, object, structure, or archaeological resource
that does not add to the historic architectural qualities, historic associations, or archaeological values for
which a district is significant because it was not present during the period of significance of the district; due
to alterations, disturbances, additions or other changes, it no longer possesses historic integrity reflecting
its character at that time, or is incapable of yielding important information about the period; or does not
independently meet the national register of historic places criteria for evaluation.
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.
Preservation. The act or process of applying measures to sustain the existing form, integrity, and
material of a building or structure. It may include initial stabilization work as well as ongoing maintenance
of the historic building.
Receiving site. A parcel or parcels that have increased their development rights through the purchase
and application of a historic TDR purchase.
Reconstruction. The act or process of reproducing by new construction the exact form and detail of a
vanished structure as it appeared at a specific period of time.
Page 4
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 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.
Scenic transportation corridor. Those roadways that have been identified as having a unique
landscape character and/or an expansive tree canopy that is of substantial environmental importance to
the city, as described in subsection 17-31(3).
Sending property. The qualifying historic resource that is selling its unused base development rights
to the receiving site,
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.
Thematically -related. A „group of historic resources related by a common theme.
Transfer of development rights (TDR) for historic resources. The sale of the unused development rights
to another party upon a binding written commitment that results in the restoration, rehabilitation and/or
preservation of the historic resource for the public benefit.
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, as amended, shall carry out
the duties as assigned by this chapter and other applicable laws.
Sec. 23-4. - [designation of historic resources, historic districts, multiple property designations, and
archaeological sites and zones.
(a) Criteria for designation, Properties may be designated as historic resources, historic districts, multiple
Property designations, or archaeological sites and zones only if they have significance in the historical,
cultural, archaeological, 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:
(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;
Page 5
(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) Criteria exceptions. Ordinarily cemeteries, birth places, or graves of historical figures, properties
owned by religious institutions or used for religious purposes, structures that have been moved from
their original locations, reconstructed historic buildings, properties primarily commemorative in nature
and properties that have achieved significance within the past 50 years shall not be considered eligible
for listing in the Miami register of historic places. However, such properties will qualify for designation
if they are integral parts of districts or multiple property designations that do meet the criteria, or if they
fall within the following categories:
(1) A building or structure that has been removed from its original location but is significant primarily
for architectural value, or is the surviving structure most importantly associated with a historic
person or event;
(2) A birthplace or grave of a local historical figure of outstanding importance if no appropriate site
or building exists directly associated with his or her productive life;
(3) A cemetery that derives its primary significance from graves of persons of outstanding
importance, from age, from distinctive design features, or from association with historic events;
(4) A reconstructed building when accurately executed in a suitable environment and presented
appropriately as part of a restoration master plan and no other building or structure with the same
association has survived;
(5) A property primarily commemorative in intent if design, age, tradition, or symbolic value has
invested it with its own exceptional significance;
(6) A property achieving significance within the past 50 years if it is exceptionally important; or
(7) A religious property deriving primary significance from architectural or artistic distinction or
historicai importance.
(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:
(1) Proposals and preliminary evaluation. Proposals for designation may be made to the board by
any one of its members, the mayor, the city manager, resolution of the planning, zoning and
appeals board, resolution of the city commission, the property owner, resolution of the county
historic preservation board, resolution of any organization that has been a registered non-profit
corporation in the state for at least five years with a recognized interest in historic preservation,
or the preservation officer. In those instances when a historic district or multiple property,
designation is being considered, the preservation office shall conduct outreach involving all
relevant home owner associations and neighborhood associations, ultimately ascertaining their
level of support by way of resolution or vote. Said level of support shall be taken into consideration
by staff and members of the HEPB when evaluating any proposed historic district or multiple
property designation. The board shall conduct a preliminary evaluation of the data provided in the
proposal for conformance with criteria set forth in subsection (a); and shall, if appropriate, direct
the planning 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, on file with
the city, which is the subject of said proposal for designation shall be notified by certified mail
of the board's intent to consider the preliminary evaluation of the property. Should the
applicant be a person other than the property owner or designated agent or attorney on file
with the city, the applicant shall be notified and the owner of record of the subject property
Page 6
shall be notified. For historic districts or multiple property designations where there are more
than fifty properties to be considered, for designation, the owners shall be notified by first
class mail and by the published notice.
b. Interim protection measures. From the date said notice of the preliminary evaluation is
mailed, 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:
1. The board finds that the property does not appear to meet the criteria for designation
and votes not to direct the planning department to prepare a designation report in
accordance with subsection (b)(1);
2. The board approves or denies the designation in accordance with subsection (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 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 23-6.2. The preservation office 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
subsection 23-6.2(f).
(2) Preparation of designation report. For every proposed historic site resource, historic district,
multiple prop_ erty designation, and archaeological zone, the planning 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 archaeological significance of the proposed historic resource, historic
district, multiple property desi nation or archaeological site or zone; the criteria upon which
the designation is based; a physical description of the property; an identification of
contributing structures and/or landscape features and/or thematically -related historic
resources; present trends and conditions; and incentives to encourage preservation,
rehabilitation, or adaptive use.
L Boundaries. The designation report shall include a map or maps indicating proposed
boundaries. Boundaries for historic resources 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, Multiple property designation boundaries shall
in general be drawn to include all historic resources -related _by a common theme and may
include properties which individually have no relation to the theme. Properties within the
boundary that have no relation to the theme will not require regulation unless they are
individually designated historic resources or included within a historic district or
archaeological zone. Archaeological 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 lines, streets, or geographic features to facilitate efficient
management.
c. Interiors. Interior spaces that have exceptional architectural, artistic, or historic importance
and that are regularly 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.
Page 7
(3) Notice and public hearing. The board shall conduct a public hearing to determine whether the
proposed historic resource, historic district, multil le property designation, archaeological site or
zone meets the criteria set forth in subsection (a) and shall approve, amend, or deny the proposed
designation. The board may rehear proposals based upon poi€cies set forth in its rules of
procedure. All public hearings on designations conducted by the board, except as provided in
subsection (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 15 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 subsection 62-129(2)x., as amended.
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 fines of the land for which the hearing is required.
The applicant shall be charged the appropriate fee established for this purpose.
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 hislher designee, shall certify at the time of the public hearing that notice as herein
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, multiple property
designations, and archaeological zones designated pursuant to section 234 shall be shown in
the "Official Historic and Environmental Preservation Atlas of the City of Miami, Florida," as
amended.
(5) Electronic building records. Following the designation of a resource, the historic preservation
officer shall note the property as a historic resource in the city's building department records.
(6) Notifications. Following the designation of a resource, the historic preservation officer shall notify
the following parties with a copy of the resolution.-
a.
esolution:a. The owner(s) of record.
b. The Miami -Dade County Clerk of the Courts
(7) Appeals. The property owner, anyone 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 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 $525,00, plus $3.50 per mailed
notice required pursuant to subsection (b)(3). 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 subsection (b) shall remain in effect during the entire appeal
Page 8
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 accordance with section 2004
of the zoning ordinance. 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 subsections 23-6.2(e)
or 23-4(7).
(8) 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.
(d) Effect of designation. Upon designation, and thereafter, the provisions of section 23-6.2 shall apply.
Sec. 23-5. - Nomination to the national register of historic places.
(a) Responsibilities under the certified focal government program. As part of the duties under the certified
local government program, the HEPB shall receive all nominations to the national register of historic
places for any properties located within the city, following the regulations of the state division of
historical resources.
(b) Notice requirements. The HEPB shall give notice to the owners of the property at least 30 days but
not more than 75 days prior to the historic preservation board meeting at which the nomination will be
considered. The HEPB shall also obtain a written recommendation from the city commission and the
Miami -Dade Board of County Commissioners whether each property should be nominated to the
National Register, and these recommendations shall be given to the HEPB within 30 days.
(c) Owner notification and requirements for comment. The HEPB shall obtain comments from the public
that shall be included in the report making a recommendation. Objections to being listed in the national
register by property owners must be notarized and filed with the historic preservation office. Within 30
days after its meeting, the HEPB shall forward to the state historic preservation officer its action on the
nomination and the recommendations of the local officials. Appropriate local officials, the owner and
the applicant shall be notified of the HEPB's actions.
(d) Referral to the state historic preservation officer. The state historic preservation officer will take further
steps on the nomination in accordance with federal and state regulations. If either the HEPB or local
officials, or both, support the nomination, the state historic preservation officer will schedule the
nomination for consideration by the state review board for the national register at its next regular
meeting. If both the HEPB and the local officials recommend that a property not be nominated to the
national register, the state historic preservation officer will take no further action on the nomination
unless an appeal is filed with the state historic preservation officer.
Sec. 23-6. -Transfer of development rights for historic resources; provision for a determination of
eligibility process, and special provisions for resources within the Miami Modern (MiMo)JBiscayne
Boulevard Historic District; prohibiting certain uses; and establishing a 35 -foot height limit..
It is the intent of this section to encourage the preservation of historic resources by creating a process
whereby the otherwise unusable development rights for historic resources may be converted into an asset
that may be sold to a receiving site located within a T-6 transect, where a public benefits bonus may be
used. Owners of eligible properties shall be issued a "certificate of eligibility" following confirmation that the
property meets the criteria established in subsection (1) or has been determined eligible under the process
described in subsection (3).
(1) Eligible properties (sending sites).
Page 9
a. Under the TDR provisions described in this section, a property owner is automatically eligible
to apply to sell their unused development rights if the property is located in a T4-0 transect
or higher, and is classified as one or more of the following:
1. Individually listed in the national register of historic places;
2. Listed as a contributing property within a national register district;
3. Individually listed in the Miami register of historic places under the provisions of section
23-4;
4. Listed as a contributing property within a local historic district under the provisions of
section 234;
5. Listed as a thematically -related historic resource within a multiple property designation
under the provisions of section 23-4.
6.Quaiified as an "eligible historic resource," after having met the criteria for eligibility set
forth in subsection (3), and so determined by the HEPB.
7.Qtherwise qualifies as a historic resource, but that has lost its historic integrity because
of major alterations and/or additions; provided that it can be shown to the HEPB that:
A. The building's original appearance can be documented;
B. The owner applies for and receives a special certificate of appropriateness,
detailing the steps to be taken to restore the original appearance of the building;
C. The owner substantially completes the proposed restoration activity before an
application For transfer of development rights is submitted.
7 8.A multi -family residential structure in a T4 -R Transect, shall be eligible for the TDR
program, only in the event it is:
A. Individually listed in the National Register of Historic Places; and/or
B. Individually listed in the Miami Register of Historic Places
C. Qualified as an "eligible historic resource" by the HEPB after having met the criteria
for eligibility set forth in subsection (3), for an individually significant resource.
For those individual buildings that are locally designated historic resources on the Miami
register of historic places and deemed eligible by the preservation officer to participate
in the transfer of development rights ("TDR") program under the terms of section 23-6,
the zoning administrator or her designee shall calculate the unused development
potential (base development rights) that may be transferred to a receiving property at
225 percent per square foot of the available square feet permitted by the underlying
transect zone, thereby recognizing the significance of Miami's locally designated
historic resources and the additional requirements associated with the rehabilitation of
a historic property.
6- 9.A contributing or non-contributing resource contained within the boundaries of the Miami
Modern (Minto)/Biscayne Boulevard Historic District shall be eligible for the TDR
incentive as further described in subsection (2).
(2) Miami Modern (MiMo)/Biscayne Boulevard historic district. On June 6, 2006 the HEPB
designated that portion of Biscayne Boulevard from NE 50th Street on the South to NE 77th Street
on the north„ as a historic district. Historically, Biscayne Boulevard was a premier shopping
destination, and later the principal corridor leading tourists to the spectacular attractions in the
Miami area.
As the MiMo/Biscayne Boulevard historic district is the only overwhelmingly commercial historic
district in the city that has been listed in the Miami register of historic places, it is deemed
deserving of special considerations not applicable to the residential historic districts.
Page 10
Over the years, inappropriate infill construction changed the character of Biscayne Boulevard,
resulting in a less -than -cohesive character. It is the desire of the city to encourage new
construction and improvements or remodelings to existing structures so that they either return to
the classic types prevalent during the historic periods of significance, or represent an
improvement that maintains the high standards of appearance for the entire historic district, as
determined by the HEPB.
Further, the TDR incentive shall be available to the structures judged as non-contributing only in
the MiMo/Biscayne Boulevard historic district. The incentive for non-contributing buildings is
intended to promote reinvestments within the overall area encompassed by the historic district
leading to its betterment.
(a) Permitted uses. In a further effort to maintain a balance of retail, entertainment, lodging and
services uses, any commercial, civic, civil support, and educational use within the MiMo
Biscayne historic district shall be limited to only those permitted under the T4-0 Transect
Zone.
(b) Calculations of available. development rights (sending property) for the Milldo(Miami
Modern)lBiscayne Boulevard Historic District.
For those contributing properties contained within the Miami Modern (MiMo)/Biscayne
Boulevard Historic District deemed eligible by the preservation officer to participate in
the TDR program under the terms of section 23-6, the zoning administrator or their
designee shall calculate the unused development potential (base development rights)
that may be transferred to a receiving property at 225 percent per square foot of the
available square feet permitted by the underlying transact, thereby recognizing the
additional requirements associated with the rehabilitation of a historic property.
Notwithstanding these calculations, based on the allowable development rights
prescribed by the Miami 21 Code transects for this historic district, no building or
structure contained within the boundaries of the Miami Modern (MIMO)/Biscayne
Boulevard historic district shall exceed 35 feet in height. Buildings existing at the time
of passage of the ordinance from which this section derives shall be grandfathered and
allowed to remain..
For those non-contributing properties contained within the Miami Modern
(Minto)/Biscayne Boulevard Historic District as described in section 23-6, the zoning
administrator or their designee shall calculate the base unused development rights at
175 percent per square foot of the total available square feet permitted by the underlying
transect which shall be available for transfer (sale). The lot itself may be developed at
100 percent of its capacity under the requirements of the historic district guidelines, and
the Miami 21 Code. Notwithstanding these calculations, based on the allowable
development rights prescribed by the Miami 21 Code transects for this historic district,
no building or structure contained within the boundaries of the Miami Modern
(MIMO)IBiscayne Boulevard historic district shall exceed 35 feet in height. Buildings
existing at the time of passage of the ordinance from which section derives shall be
grandfathered and allowed to remain.
(3) Standards for the improvements to non-contributing structures. When improvements to non-
contributing buildings are made, the following guidelines shall be implemented;
a. Use of building materials commonly found in the construction of the "contributing" structures
within the historic district;
b. Installation of signage that is in keeping with the periods of significance represented in the
district (1924-1956);
c. Architectural design that complements the historic building types and vocabulary which
include:
i. Mediterranean Revival;
Page 11
ii. Art Moderne;
iii. Art Deco;
iv. Miami Modern (Minto);
v. South Florida Regional Vernacular, e.g. a style or type of building that represents the
local or indigenous adaptations of design resultant from the climate, traditions, and
available building materials in the region.
Nothing in these standards shall be construed to encourage a false sense of historical
appearance. Replications or reconstructions shall be permitted only as specifically allowed by the
HEPB, and under the provisions of subsection (1)a.6.
(4) Qualification as an eligible historic resource—Requirements and certification process. A property
may be determined eligible for local historic designation in order receive a "certificate of eligibility,"
and therefore take advantage of the transfer of development rights provisions, provided that the
building meets certain eligibility criteria; and that a formal application for local historic designation
is submitted to the planning department within one year from the date the eligibility application is
approved by the historic and environmental preservation board.
a. Criteria for eligibility. In general, the resource must be at least 50 years old and maintain its
physical integrity so that it sufficiently conveys its original character; possess integrity of
design, setting, material, workmanship, feeling and association, and meet at least one of the
following criteria:
1. Is associated in a significant way with the life of a person important in the past;
2. Is the land or location of a historic event with significant effect upon the community, city,
state, or nation;
3. Exemplifies the historical, cultural, political, economical, or social trends of the
community;
4. Portrays the environment in an era of history characterized by one or more distinctive
architectural styles;
5. Embodies the distinguishing characteristics of an architectural style, or period, or
method of construction;
6. Is an outstanding work of a prominent designer or builder; and
7. Contains elements of design, detail, materials, or craftsmanship of outstanding quality
or which represents a significant innovation or adaptation to the South Florida
environment.
(5) Application process and documentation required to qualify as an "eligible historic resource."
Applications for a determination of eligibility in connection with the transfer of development rights
program will contain the information required within a local historic designation report, and
sufficient supporting documentation to enable the HEPB to make a valid conclusion. The
application will include:
Photographs of all elevations illustrating the existing conditions;
2. Most recently available copy of the Miami -Dade County assessor's office record for the
property;
3. Affidavit for proof of ownership;
4. Written description of the property, noting architectural style, building materials, roof
shapes, and ornament, as applicable;
5. Written description of the changes to the property that have occurred over time, as
applicable;
Page 12
6. Results of Miami City Directory search to identify original resident/business
establishment, as app€icable;
7. Bibliography of historical records used in the research, as applicable;
8. Written evaluation of the property's significance using the criteria established in
subsections 23-4(a)(1-8);
9. Other information as deemed necessary by the planning director; and
% Any fees specified for this purpose.
(6) l?eview 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.
In making its decision as to whether to certify the resource, the board shall consider:
a. Whether the resource is of such interest or quality that it meets one or more of the criteria
established by subsections 234(a)(1---8);
b. Whether the resource maintains its physical integrity, or whether it has been altered to such
a degree that it no longer conveys the qualities for which it was deemed historically
significant;
c. Whether the preservation of the resource will promote the general welfare of the city by
providing an opportunity for the study of local history, architectural and design, or develop
an understanding of the importance and value of a particular culture and heritage;
d. Whether or not the resource is one of the last remaining examples of its kind in the city,
region, or state.
e. Should the HEPB find that the proposed resource meets the criteria and considerations to
be deemed an eligible historic resource; within 30 days of that decision, a "certificate of
eligibility" will be prepared by the historic preservation officer, and mailed (via certified mail)
to the applicant.
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 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 subsection 23-4(b)(3). 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 subsection 234(b) 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 accordance with § 2004 of the zoning ordinance. 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 subsection 23-6.2(e) or 234(c)(7).
g. Requirement for local historic designation, "eligible historic resources."
A resource classified as an "eligible historic resource" may apply for a certificate of
transfer following the determination of eligibility.
Page 13
2. Should the applicant apply for and receive a certificate of eligibility the eligible historic
resource will be required to be locally designated through the formal process described
in this chapter, within one year following the HEPB's determination.
h. Conditions and safeguards—"Eligible historic resources."
I . Upon the determination of eligibility by the HEPB, the owner shall be subject to the
restrictions concerning the requirement for the issuance of a certificate of
appropriateness for changes made to the building. The owner is prohibited from
demolishing a structure deemed an eligible historic resource, until such time as an
application for a special certificate of appropriateness for demolition under the process
contained in section 23-6 is adjudicated by the HEPB.
2. The "certificate of eligibility" will expire within one year from the HEPB's determination,
at which time, the property owner must have applied for local historic designation of the
resource which had been determined eligible.
(7) Calculations of available development rights (sending property). For those properties deemed
eligible to participate in the TDR program under the terms of section 23-6, the zoning
administrator or their designee shall calculate the unused development potential (base
development rights) that may be transferred to a receiving property at 100 percent of the available
square feet permitted by the underlying transect, thereby recognizing the additional requirements
associated with the rehabilitation of a historic property.
(8) Requirements for the preservation of eligible historic resources (sending properties) using the
provisions of the TDR—Application process. The purpose of this incentive is to insure that historic
resources are preserved for the public benefit. The requirements that follow apply to all buildings
which make use of the TDR program. The use of the TDR for Historic Resources requires the
demonstration and evidence that establishes the sound physical condition of the sending
resource; or that the rehabilitation treatments, if needed, will be undertaken within a reasonable
period, and that the owner (and subsequent owners) is covenanted to maintain the property.
Therefore, following the qualification of any eligible historic resource, the applicant requesting the
certificate of transfer shall provide the planning department with:
1. An "existing conditions report" prepared by a registered engineer or architect that at a
minimum records the data required by the building code upon periodic recertification; and
which must include an evaluation of the current condition of the:
A. Wall construction:
Masonry bearing walls;
Steel/concrete framing systems;
B. Roof construction;
C. Windows (noting those that are replacements, and those that appear to be originals);
D. Exterior doors (noting those that are replacements and those that appear to be
originals);
E. Exterior balconies, if applicable;
F. Decorative ornament (e.g. cast concrete medallions, pilasters, string courses, etc., as
applicable);
G. Elevators (if applicable);
H. HVAC system;
1. Plumbing;
J. Electrical;
K. Fire protectionllife safety systems (if any);
Page 14
L_ Handicapped accessibility.
2. A "maintenance plan" will be submitted concurrently with the existing conditions report and
shall list those items and/or systems that have been identified as deficient, deteriorated, or
non-existent, in the existing conditions report. The maintenance plan will at a minimum
provide:
A. A prioritized schedule that identifies those elements in substandard condition, in need
of imminent repair/replacement, and a schedule for their repair.
B. A prioritized schedule for the correction of any other deficiencies identified in the
existing conditions report.
C. A long-range plan that addresses the cyclical maintenance of the property.
(9) Requirements for the issuance of TDRs for "non-contributing "properties within the Miami Modern
(MiMo)lBiseayne Boulevard historic district.
"Non-contributing" properties, The intent of the special incentives along Biscayne Boulevard is to
provide capital for improvements to buildings that may have fallen into disrepair, and thus
contribute to the overall appearance and stability of the boulevard as a whole. Therefore, following
the qualification of a non-contributing property as eligible for the TDR benefit, the ownertapplicant
shall provide the planning department with:
1. An "existing conditions report" as described in subsection (3)i.1.
2. A "maintenance plan" as described in subsection (3)i.2.
3. A special certificate of appropriateness application for the improvements to be made to the
structure, noting the improvements designed specifically to promote a harmonious
relationship with other structures within the boulevard historic district.
4. The special certificate of appropriateness will be processed in accordance with the provisions
contained in section 23-6.2.
(10) Release of certificate of transfer. The planning director, or their designee, will prepare the
certificate of transfer for the unused development rights for historic resources so classified as
automatically eligible as established by subsection (1)a. or after the resource has been
determined eligible under the terms of subsection (3). The certificate of transfer will be issued
only after one of the following conditions has been met:
1. An existing conditions report and long-term maintenance report is on file with the planning
department, and that the results of the existing conditions report demonstrate that the
resource is in compliance with the building code, and is in no need of repairs;
2. An existing conditions report and long-term maintenance report is on file with the planning
department, and the existing conditions report has identified deficiencies in the soundness
of the building, and the owner has:
A. Presented detailed pians to correct the deficiency(ies) to the preservation officer, with
a schedule identified with which to complete the repairs, not to exceed 12 months from
the date the plans have been submitted;
B. That a bond (representing the value of the improvements necessary to correct the
deficiencies) has been posted with the city to be used in the event the owner defaults
from their promise to make the necessary repairs;
(11) Covenant (sending property). The planning director, or their designee will prepare the certificate
of transfer for the unused development rights for historic resources so classified as automatically
eligible as established by subsection (1)a, or after the resource has been determined eligible
under the terms of subsection (3). The certificate of transfer may only be issued following the
applicant's fulfillment of the requirements contained in subsections (3)i.1, and (3)i.2., and
following the filing of restrictive covenant with the city, which covenant shall provide:
Page 15
1. That the eligible historic resource will be maintained to a standard consistent with the building
department's standards for "Forty (40) year recertification";
2. That the requirement for long-term maintenance will follow the title to the property through
any subsequent owners;
3. That the city will be advised of any change in property ownership.
The original covenant will be maintained by the planning department, and a copy filed with the
Miami -Dade County clerk of the courts.
Sec. 23-6.1. - Waivers, exceptions and exclusions for locally designated historic resources.
In an effort to promote and encourage the preservation and adaptive reuse of locally designated
resources, so designated pursuant to the provisions of section 23-4, the HEPS may grant a certain
exception to a use permitted in specific zoning designations, or an exclusion to allow a cultural facility as
an allowable use in medium and high density multifamily (general urban) zones, and/or may grant certain
waivers to the zoning code provided that it will result in the preservation of a locally designated property,
Historic preservation waivers. The board may authorize certain waivers to the requirements of the
underlying zoning district, to the extent indicated herein.
(1) /Waivers concerning designated historic resources.
a. Any building that is individually locally designated or is classified as a contributing building
within a local historic district or is classified as a thematically -related historic resource within
a multip e_property designation, as identified in the designation report, shall be permitted to
be repaired, restored, structurally altered, or reconstructed, notwithstanding any conflicts
with provisions of the underlying zoning district requirements. However, the board shall not
have the authority to grant any waivers of density, intensity and building height requirements.
b. in cases where the size or configuration of a locally designated property, or a contributing
property within a locally designated historic district, or a thematically -related historic resource
within a multiple property designation is such that compliance with off-street parking
requirements would destroy the historic character of the property, the board may authorize
a reduction of up to 100 percent of the number of parking spaces that would ordinarily be
required for a new structure of equivalent use and floor area and/or a waiver of loading
requirements.
Such waivers will be granted only when it can be demonstrated that:
Granting the waiver will further the preservation of the historic and architectural
character of the historic resource, or of the historic district in which the proposal is
located.
2. Granting the waiver would promote the preservation of the historic resource or historic
district while reducing nonconformities.
3. Granting the waiver would help minimize or mitigate any potential adverse effect of a
specific proposal whose implementation promotes the preservation of the historic
resource or historic district.
4. Special circumstances exist such as adjacencies or shared parking that will practically
alleviate concerns for off-street parking.
5. The HEPS shall make specific findings that establish how the criteria have been met.
Additionally, the board may impose any conditions, restrictions, or limitations deemed
appropriate in order to ensure compliance with the criteria set forth above.
Page 16
6. The waiver shall be the minimum necessary to assure the continued preservation of the
historic structure.
(2) Waivers concerning additions. Waivers for additions to existing buildings may also be authorized
by the board when necessary to assure the preservation of historic resources and historic
districts, subject to the limitations described in section 23-6.1.
(3) Historic preservation exceptions. Unless otherwise authorized by Article 4, Table 3, of the Miami
21 Code, 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, and museums will be classified as exceptions and may be allowed except in T3 Transect
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 or thematically -related historic resources within a multiple property designation 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.
a. Exclusion. In an effort to provide even greater flexibility in the adaptive use of locally
designated historic resources, and to recognize the concomitant relationship of historic
preservation and the cultural arts, the HEPB is authorized to grant an exclusion for a cultural
facilities as an allowable use in medium and high density multifamily (general urban) zones;
such uses may include:
1. Rehearsal/studio space(s);
2. Gallery space(s),
3. Performance workshop areas;
4. Classrooms for arts education.
(a) The HEPB shall review each application for an exclusion that would permit the
conversion of a locally designated historic resource for use as a cultural facility through
the process for a special certificate of appropriateness as defined in this chapter. The
special certificate of appropriateness may include requests for both additions and/or
new construction in order to meet the programming requirements of the cultural facility.
(b) Adjacent land, owned or leased by the facility may be used to provide required parking.
(c) The HSPS may concurrently review a waiver of certain zoning requirements in
conjunction with a request for an exclusion, provided that the request is the minimum
necessary to successfully accomplish the project; and that the impact to the surrounding
areas is minimal.
(4) Procedures for granting exceptions, waivers and exclusions. An application for a special
certificate of appropriateness shall be submitted pursuant to the provisions of section 23-8. In
addition, the application shall contain a written statement justifying the requested exception, or
waiver or exclusion and provide evidence that the exception, or waiver or exclusion is necessary
to assure the continued preservation of the designated historic structure.
Page 17
(5) Notice and hearings, generally. The board shall notice the public hearing at which the waiver,
and/or exception or exclusion is requested, following the same procedures as is required for a
special certificate of appropriateness.
(6) Decision of the board. The board shall make findings based upon the standards set forth in
section 23-6.2, as amended, and shall take one of the following actions:
a. Issue the special certificate of appropriateness for the waiver proposed by the applicant;
b. Issue the special certificate of appropriateness with specific modifications and conditions; or
c. Deny the special certificate of appropriateness.
(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, orwaiver 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.
(8) Conditions and safeguards. In granting any exception, or waiver or exclusion, the board may
prescribe appropriate conditions and safeguards necessary to protect and further the interest of
the area and abutting properties, including, but not limited to, landscape materials, walls, and
fences as required buffering; modifications of the orientation of any openings; modification of site
arrangements; and control of manner or hours of operation.
(9) Requirements for substantial rehabilitation. As a condition of granting an exception, or waiver or
exclusion, as determined by the board at the time of granting the special certificate of
appropriateness, the board may require that the structure(s) for which the exception or waiver is
(are) requested be substantially rehabilitated in accordance with the Florida Building Code, the
National Fire Prevention Code, the U.S. Secretary of the Interior's "Standards for Rehabilitation,"
and any other applicable codes and regulations.
(10) Requirements concerning time limitations. Any certificate of appropriateness issued under this
section shall be governed by the time limitations stipulated in subsection 23-6.2(g).
Sec. 23-6.2. - 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 or for thematically -related historic resources within a multiple property designation. A certificate
of appropriateness shall also be required for exceptions, or waivers or exclusion from the provisions
of the zoning code, or any successor zoning code. A certificate to dig shall be required for any ground
disturbing activity within a designated archaeological site or archaeological zone or within an
archaeological conservation area. All certificates of appropriateness and certificates to dig shall be
subject to the applicable criteria in this Section 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.
Page 18
(1) Pre -application 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 pre -application 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, other materials, and any applicable fees
as 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 the application is a minor
improvement, as specified by the rules of procedure or the board, and is in accord with the
guidelines for issuing certificates of appropriateness as set forth subsection 23-7(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, An applicant may request that the application be initially classified as a special
certificate of appropriateness if they wish to have the matter heard by the HBPB.
(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. 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:
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 clays 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 subsection (c), as well as the general purpose and intent of this chapter and any specific
design guidelines officially adopted for the particular historic resource, historic district,
multiple property designation. or archaeological site or 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;
Page 19
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 (6) months in cases of demolition or relocation of a contributing structure or
landscape feature, pursuant to the provision of special certificates of appropriateness
for demolition in this section or up to forty-five (45) calendar days for any work potentially
affecting an archaeological site, archaeological zone, or archaeological conservation
area, pursuant to the provisions of special certificates of appropriateness for demolition
in this section.
5. Issuance of a written communication prepared by the preservation officer to the director
of the planning department and the zoning administrator that sets out the exact
parameters for the waiver (s) from the provisions of the Miami 21 code and the reasons
wherefore, and/or their decision as to the exception allowed within a certain transect,
and their reasons wherefore.
6. Accelerated certificate of appropriateness. There are occasions when an applicant is
proposing physical changes to a resource that is simultaneously being considered for
local historic designation. Under those circumstances, and only if the proposed changes
are of a substantial nature, the historic preservation officer shall follow the procedures
specified for a special certificate of appropriateness. A hearing for an accelerated
certificate of appropriateness will be preceded by the preliminary designation report, in
order to establish whether or not the resource appears to meet the criteria for local
historic designation.
(5) Accelerated certificate of appropriateness. When an applicant is proposing physical changes to
a resource that is simultaneously being considered for local historic designation, if the proposed
changes are of a substantial nature, the preservation officer shall follow the procedures specified
for a special certificate of appropriateness. A hearing for an accelerated certificate of
appropriateness will be preceded by the preliminary designation report, in order to establish
whether the resource appears to meet the criteria for local historic designation.
(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. However, should in the opinion of the preservation officer or the historic
and environmental preservation board such delays be attributable to the applicant and/or their agent,
this time limitation shall not apply, nor shall the application be considered approved.
(d) Records. Written copies of all decisions and certificates of appropriateness shall be filed with the
planning department.
(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 designations and 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 $3.50 per mailed notice required pursuant
to 234. 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
Page 20
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.
(f) 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 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) 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 12 months upon written request by the applicant, unless
the board's guidelines as they may relate to the authorized work have been amended.
(h) 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 subsection (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, or multiple property designation. Except where
special standards and guidelines have been specified in the designation of a particular historic
resource, or historic district or multiple property designation, or where the board has
subsequently adopted additional standards and guidelines for a particular designated historic
resource, or historic district or multiple property designation, 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) Applications for a waiver, or exception or exclusion. An application for a waiver(s), or exception
or exclusion from the provisions of the Miami 21 Code will be made on forms provided by the
planning department, and will be processed and noticed in accordance with the procedures for a
special certificate of appropriateness.
(3) 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. 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 archaeological site for green space, if the
site is of exceptional importance and such denial would not unreasonably restrict the
primary use of the property.
Page 21
b. The board may issue a certificate to dig with a delayed effective date of up to 45 calendar
days to allow any necessary site excavation or assessment.
(4) 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. 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 described the reasons why such information is unavailable.
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.
(i) Demolition by .neglect.
(1) Demolition by neglect prohibited, affirmative maintenance required, The owner(s) of a property
designated historic pursuant to this chapter, which includes a property either individually
designated, or designated as a contributing property within a historic district, or designated as a
thematically -related historic resource within a multiple property designation as defined by this
chapter, shall comply with all applicable codes, laws, and regulations governing the maintenance
of the property. It is the intention of this section to preserve from deliberate negligence, or
inadvertent neglect the exterior features of property designated historic and the interior portions
thereof when maintenance is necessary to prevent deterioration and decay of the property. All
such properties shall be preserved against such decay and deterioration and shall be free from
structural defects through prompt corrections of any of the following defects:
a. Facades which may fall or damage the subject property, adjoining property, or injure
members of the public.
Page 22
b. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports,
deteriorated walls, or other vertical structural supports.
c. Members of ceilings, roofs, or other horizontal members which sag, split, or buckle due to
defective material or deterioration.
d. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors,
including broken or missing windows or doors.
e. Any fault or defect in the property which renders it structurally unsafe, insufficiently protected
from weathering, or not properly watertight.
f. Defective or insufficient weather protection which jeopardizes the integrity of exterior or
interior walls, roofs, or foundation, including lack of paint or weathering due to lack of paint
or protective covering.
g. Any structure designated historic which is not properly secured under the Florida Building
Code or other technical codes and is accessible to the general public, or, any fault or defect
on the property designated historic that renders it structurally unsafe or not properly
watertight.
h. Spalling of the concrete of any portion of the interior or exterior of the structure designated
historic.
(2) Unreasonable or undue economic hardship. A property owner who believes that application of
this section creates an unreasonable or undue economic hardship, as that term is defined by this
chapter, may apply for a special certificate of appropriateness to the board within 15 days of
having notice or knowledge of any defect(s) referred to in this section. The procedure employed
by the board shall be the same as for the consideration of a special certificate of appropriateness
under this chapter The board may grant the owner an extension of time to comply with corrective
work or limit the scope of the corrective work.
(3) Enforcement.
a. Notice of administrative enforcement. Enforcement shall be as provided pursuant to Chapter
2, Article X, entitled "Code Enforcement," of the City of Miami Code, as amended.
b. Civil actions for injunction and remedial relief,- lien on property. In addition to code
enforcement remedies, if the property owner fails to take corrective action within the time
prescribed, the city may file any civil action ordering the property owner to take corrective
actions and the city may seek damages and seek any other relief available under Florida
Law. The court may order an injunction providing such remedies if the city proves that the
owner has violated this ordinance and such violation threatens the integrity or existence of
a designated historic property. In the event that a court order authorizes that the city enter
into the property and take corrective action, the cost of the corrective action incurred by the
city shall be a municipal special assessment lien against the property. Such lien shall, until
fully paid and discharged, be of equal rank and dignity with the lien of ad valorem taxes, and
shall be superior in rank and dignity to all other liens, encumbrances, titles, claims in, to or
against the real property involved. Such liens may be instituted and enforced pursuant to
Chapter 173, Florida Statutes, as amended, or the collection and enforcement of payment
thereof may be accomplished by any other method authorized by law. The property owner
shall pay all costs of collection, including reasonable attorney's fees, service charges, civil
penalties, and liens imposed by virtue of this ordinance.
Mage 23
Sec. 23-5.3. - Administration, enforcement, violations, and penalties.
(a) Ordinary maintenance and repair. Nothing in this article 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 repairprovisions. 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, provide that only such work as is
reasonably necessary to correct the emergency condition may be carried out. The owner of structure
damage by fire or natural calamity may stabilize the structure immediately and rehabilitate it later under
the provisions of this chapter.
(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 article; 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 article shall be required to restore the locally 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) 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 public hearing with notice as set forth
in this chapter.
(3) Decision of preservation board. The board shall make findings based upon the provisions of this
section and the guidelines set forth in this article 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.
Page 24
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 subsection 23-6.
(4) Referral to code enforcement board. If the work authorized by any certificate of appropriateness
issued pursuant to this article 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. 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 pians, projects, or work executed or assisted by any private party, governmental body or
agency, department, authority, or board of the city, county, or state.
Sec. 23-6,4. - Signage.
(a) Historic signs.
Historic signs shall be permitted to remain and to be repaired, restored, structurally altered,
reconstructed, or relocated utilizing the certificate of appropriateness process. Historic signs may possess
intrinsic importance, or acquire that importance as a result of their association with the historic resource
through which they have become associated.
In determining whether a sign is "historic," the HEPB shall consider whether it is:
(1) Associated with historic figures, events, or places.
(2) Significant as evidence of the history of the product, business, or service advertised.
(3) Significant as reflecting the history of the building or the development of the historic district or
multiple property_ designation (A sign may be the only evidence of a building's historic use).
(4) Characteristic of a special historic period, such as gold leaf on glass, neon, or stainless steel
lettering.
(5) Integral to the building's design or physical fabric; as when a sign is a part of a storefront made
of Carrara glass or enamel panels, or when the name of the historic firm or the date is rendered
in stone, metal or tile, (in such cases, removal can cause damage to the materials; or affect the
integrity of the building's original design);
(6) Outstanding examples of the sign maker's art. Whether because of their excellent craftsmanship,
use of materials or design;
(7) Recognized as a local landmark because of its prominence and popular recognition as a focal
point in the community;
(8) Assists in defining the character of a district as for example marquees in theater districts, or
prominent neon signs associated with the proliferation of motels dependent on the tourism
industry.
In conjunction with allowing the retention, restoration, rehabilitation, and/or reconstruction of a historic
sign, the HEPB shall make specific findings establishing how the subject sign meets these established
criteria.
Page 25
(b) District marker signs.
(1) Definitions.
District marker sign is an artistic sign that has been in existence for at least 20 years which is painted
on the side of a building and marks the entrance to a neighborhood, park, or other designated historic,
public or geographical area that serves to identify the area, mark a historic destination for visitors, and
reinforce the neighborhood's character as a destination for art, culture, dining, and entertainment.
(2) Exemptions. In areas designated cultural specialty district, art and theater cultural specialty
district pursuant to chapter 4, or historic districts or multiple property designations designated
pursuant to chapter 23 of the City Code that ars: located in a T-5 or less restrictive zoning transect,
the city manager, or his/her designee, may permit one district marker sign of not greater than
5,000 square feet in size nor greater than 80 percent of the area of a building wall oriented to face
major traffic thoroughfares that serve as the entrance to the district or area.
Each district or area marker sign shall be comprised solely of "Welcome to [the district or area
and a commercial message related to the unique character of the district or area and recognizing
the district or area marker sign sponsor, whose commercial message shall be limited to no more
than 15 percent of the area of the district or area marker sign. The "Welcome to [the district or
areal" portion of the district or area marker sign shall not contain any point of sale signage or
commercial message related to the donor or sponsor. District and area marker signs as set forth
in this paragraph shall be exempt from the general provisions of chapter 62, but for uniformity, all
district and area marker signs are subject to compliance with county, state and federal laws.
No district or area marker sign shall contain adult content as defined in the Miami 21 zoning
ordinance.
ARTICLE Il. - AD VALOREM TAX EXEMP70N
DIVISION 1. - GENERALLY
Sec. 23-7. - Short title.
This article shall be known and may be cited as the "Historic Tax Exemption Ordinance."
Sec. 23-8. - Purpose.
The provisions of this article shall create a method that provides the city commission to allow tax
exemptions for the taxes levied by the city for the restoration, rehabilitation or renovation of historic
properties.
Sec. 23-9. - Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively
ascribed to them by this section:
Page 26
Assessed value means the total value of a tax parcel, excluding the value of the land, as determined
by the county property appraiser, and shown on the property tax bill sent to the owner of record by the
county.
Board means the historic and environmental preservation board.
Contributing resource means a building, landscape feature, site, structure, or object that adds to the
historical architectural qualities, historic associations, or archaeological values for which a district is
significant because:
(1) It was present during the period of significance of the district, and possessed historic integrity
reflecting its character at that time;
(2) It is capable of providing important information about the period; or
(3) It independently meets the National Register of Historic Places criteria for evaluation set forth in
36 CFI; Part 60.4, incorporated by reference.
Historic property tax exemption covenant means a form that complies with applicable state Statutes
and accompanying rules, and is an agreement made between the property owner and the city, indicating
that the owner agrees to maintain and repair the property so as to retain the architectural and historical
integrity of the property during the exemption period.
Historic property means a building, site, structure, or object that is:
(1) Individually listed in the National Register of Historic Places;
(2) A contributing property in a National Register listed historic district;
(3) Designated as a historic property or landmark under the provisions of chapter 23; of
(4) A contributing property in a historic district designated under the provisions of chapter 23- ; of
(v) A thematically -related historic resource within a multiple property designation.
Improvement means any change in the condition of any eligible real property brought about by the
expenditure of money on labor or materials for the restoration, renovation, or rehabilitation of such property.
Expenditures for interior or exterior work, including construction of additions or accessory structures, shall
be included in the meaning of improvements (i.e., garage, cabana, guest cottage, storagetutility structure)
so long as the new construction is compatible with the historic character of the building and site in terms of
size, scale, mass, design and materials, and preserves the historic relationship between a building or
buildings, landscape features and open space.
Multiple property designation means a collection of two (2) or more historic resources related by a
common theme, general geographical area, and period of time that has been designated by the HEPB,.
pursuant to the provisions of this„ie-chapter. A group of historic resources shall qualify for designation as_a
multiple property designation when each historic resource meets the designation criteria set forth in section
23-4.
National Register of Historic Places means the list of historic properties significant in American history,
architecture, archaeology, engineering and culture, maintained by the secretary of the interior, as
established by the National Historic Preservation Act of 1966 (Public Law 89-665; 80 STAT 915, 16 U.S.C.
470), as amended.
Noncontributing resource means a building, landscape feature, site, structure, or object that does not
add to the historic architectural qualities, historic associations, or archaeological values for which a district
is significant because:
(1) It was not present during the period of significance of the district;
(2) Due to alterations, disturbances, additions, or other changes, it no longer possesses historic
integrity reflecting its character at that time or is incapable of yielding important information about
the period; or
(3) It does not independently meet the National Register of Historic Places criteria for evaluation.
Page 27
Officer means the historic preservation officer.
Renovation or rehabilitation means, for historic properties or portions thereof that are of historical or
architectural significance, "renovation" or "rehabilitation," the act or process of returning a property to a
state of utility through repair or alteration that makes possible an efficient contemporary use, while
preserving those portions or features of the property that are significant to its historical, architectural, cultural
and archaeological values. For historic properties or portions thereof that are of archaeological significance
or are severely deteriorated, "renovation" or "rehabilitation" means the act or process of applying measures
designed to sustain and protect the existing form and integrity of a property, or reestablish the stability of
an unsafe or deteriorated property while maintaining the essential form of the property as it presently exists.
Restoration means 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 alterations or by the
replacement of missing earlier work.
Sec. 23-10, - Historic tax exemption.
This exemption shall apply to 100 percent of the assessed value of all improvements to eligible historic
properties that result from restoration, renovation or rehabilitation made on or after the effective date of this
ordinance. The exemption applies only to taxes levied by the city. The exemption does not apply to taxes
levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to section 9(b) or
section 12, article VII of the Florida Constitution.
Eligible properties. A property is qualified for an exemption under this section if at the time the
exemption is granted the property is:
(1) Individually listed in the National Register of Historic Places, pursuant to the National Historic
Preservation Act of 1966, as amended;
(2) A contributing property within a National Register listed district;
(3) Individually listed in the city register of historic places; of
(4) Identified as a contributing structure within a historic district listed in the city register of historic
places.- ; or
(5) A thematically -related historic resource within a multiple property designation.
Sec. 23-11. - Completely exempt from property taxes.
If an eligible property is used for a non-profit or governmental purpose and is regularly and frequently
open for the public's visitation, use and benefit, the city may exempt 100 percent of the assessed value of
the property, as improved, from ad valorem taxes levied by the city provided that the assessed value of the
improvement is equal to at least 50 percent of the total assessed value of the property as improved. This
section applies only if the improvements are made by or for the use of the then existing property owner. An
eligible property is considered used for non-profit or governmental purposes if the occupant or user of at
least 65 percent of the usable space of the building is an agency of the federal, state or local government
or a non-profit corporation whose articles of incorporation have been filed by the Florida department of state
in accordance with F.S. § 617.0125. Usable space means that portion of the space within a building that is
available for assignment or rental to an occupant. A property is considered regularly and frequently open
to the public if the public has access to the property not less than 52 days a year on an equitably spaced
basis, and other times by appointment. This exemption does not prohibit the owner from charging a
reasonable, non-discriminatory admission fee. If a property that qualifies for this exemption is no longer
used for non-profit or governmental purposes or is no longer regularly and frequently open to the public or
Page 28
if ownership is transferred, this exemption shall no longer be effective and the property shall, instead, be
subject to the exemption provided for by section 23-10.
Sec. 23-12. - Term of exemption.
Any exemption granted shall remain in effect for up to ten years with the effective date being October
1, of the year that the applicant and the city have entered into the exemption covenant, and following the
county property appraiser's formal evaluation of the completed improvements, and their subsequent
valuation. The city commission shall have the discretion to set a lesser term for the duration of the
exemption. The exemption shall continue in force if the authority of the city to grant exemptions changes or
if ownership of the property changes, including any change from a tax exempt entity to a tax paying entity
except as set forth in section 23-10. In order to retain an exemption the historic character of the property,
and improvements that qualify the property for an exemption, must be maintained in the historic state over
the period for which the exemption was granted.
DIVISION 2. -APPLICATION PROCESS FOR EXEMPTION
Sec. 23-13. - Forms/fees.
Any person, firm, or corporation which desires a tax exemption for historic properties shall, in the year
the exemption is desired to take effect, file a completed application on the appropriate forms obtained from
the city historic preservation officer. The forms shall contain all the information required by the division of
historical resources, Florida department of state, and promulgated in accordance with Rule 1A-38, F.A.C.,
but may also contain additional information as determined necessary by the board application forms and
summaries of deadlines and application procedures shall be maintained by the officer and shall be made
available to the general public upon request. A non-refundable fee of $262.50 will be payable upon
submission of the application, with the cheek made payable to the "City of Miami."
Sec. 23-14. - Preconstruction application (Part 1).
Only expenditures made to an eligible property after the effective date of this article may be reviewed
by the officer for approval. Work that has already been completed before an application is approved may
not be considered eligible for inclusion in the tax exemption. The board may consider applications of non -
eligible properties if the proposed work would restore the building to its original appearance, thus making it
an eligible property.
(1) Applications for the ad valorem tax exemption may be reviewed concurrently with an application
for a special certificate of appropriateness; however, all additional materials, the non-refundable
application fee, the specific forms and additional submittal requirements for the historic tax
exemption must accompany the request.
(2) The application will be made on forms approved by the Florida department of state, and all
applicable fees shall be paid at the time the application is submitted. The application must include
the following information:
a. The name of the property owner and the location of the historic property.
b. A description of the real property for which an exemption is requested and the anticipated
date of commencement of such improvements.
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c. Proof to the satisfaction of the Board that the property that is to be rehabilitated or renovated
is an eligible property under this section.
d. Proof to the satisfaction of the board that the improvements to the property will be consistent
with the secretary of the interior's standards for rehabilitation, and any other design
guidelines previously promulgated by the board.
Sec. 23-15. - Review of preconstruction application by officer.
(a) Upon receipt of the completed preconstruction application and all required materials, the Officer shall
conduct a review to determine:
(1) Whether the property for which an exemption has been requested is or is not a historic property
pursuant to section 23-10;
(2) Whether the proposed, in progress, or completed improvements are consistent with the secretary
of interior's standards for rehabilitation and guidelines for rehabilitating historic buildings and any
other design guidelines previously promulgated by the board; and
(3) For applications claiming a 100 percent exemption as a qualifying non-profit or governmental
agency, the officer shall verify the specified conditions under section 23-11,
(b) The officer shall complete their review of the preconstruction application within 15 days following
receipt of the completed application and all required supporting materials.
(c) The officer shall submit the preconstruction application to the board that shall contain copies of the
preconstruction application, reviews by the officer, and the officer's recommendation for approval,
denial, or approval with conditions.
Sec. 23-16. - Project amendments,
If changes to a project are planned at any time after submission of the preconstruction application, an
amendment sheet must be submitted for review. This amendment sheet will allow an applicant to indicate
planned changes in project improvements, giving the originally proposed treatment and the amended work
item description.
Sec. 23-17. - Request for review of completed work (Part li).
(a) A request for review of completed work shall be submitted by the applicant upon substantial
completion of the improvements as represented in the preconstruction application and any
amendments. The request for review must provide a comprehensive photographic description of the
completed improvements. Photographs of the completed improvements should show the same views
as the "before" photographs included in the preconstruction application. All photographs should be
numbered, dated and labeled with the property name or address, the view, and a brief description of
what is shown. The review shall also provide information on project budgets and what portion of the
budget went to historical renovations.
(b) Upon receipt of a request for review of the substantially completed work and all required supporting
materials, the officer shall conduct a review to determine whether or not the completed improvements
are in compliance with the renovation, restoration, or rehabilitation described in the preconstruction
application, subsequent approved amendments, if any, and the secretary of the interior's standards
for rehabilitation, The officer reserves the right to inspect the completed improvements to verify such
compliance,
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Sec. 23-18. - Time of completion.
An applicant must substantially complete all renovation, restoration or rehabilitation within two years
following the date of approval of a preconstruction application and the approval of a special certificate of
appropriateness by the board. A preconstruction application approval shall automatically be void in the
event the applicant falls to submit a Part II request for review of completed work within two years following
the date of approval of a preconstruction application and special certificate of appropriateness, except that
the officer may, in his/her discretion, extend such period of time not to exceed one year,
Sec. 23-19. - Completed work application (Part 11).
Once an applicant has filed a request for review of the substantially completed work application with
the officer, the officer will prepare a completed work report to submit to the board. The completed work
application will include a discussion on the project as completed and a recommendation from the officer to
approve or deny the application. The completed work application should also include copies of the
preconstruction application, any amendments, the request for review of completed work, and photographs
of the project conditions before and after the improvements.
Sec. 23-20. - Review by the board.
The city's historic and environmental preservation board is designated to review applications for
exemptions. The board must recommend to the city commission that it either grant or deny the exemption.
Such reviews must be conducted in accordance with the rules adopted by the Florida department of state,
The recommendations and the reasons, therefore, must be provided to the applicant and to the city
commission before consideration of the application at an official commission meeting. The commission
shall also be furnished with a covenant executed between the property owner and the city, confirming their
intent to maintain the qualifying improvements for the duration of the tax exemption granted by the city
commission. The applicant shall also be advised of his/her right to a fair hearing pursuant to F.S. § 120.57,
and procedures set forth by the city commission.
Sec. 23-21. -Appeals.
Following the board's denial of the preconstruction application, and the officer's notification by mail,
the applicant shall have 30 days from the date of the mailing to file an appeal of the determination to the
city commission. The written notice of appeal shall be filed with the hearing boards department, with a copy
to the historic preservation officer. The appeal shall set forth precisely the reasons or grounds for the appeal,
and shall be accompanied by the applicable fee.
Sec. 23-22. - Final review.
(a) The city commission shall grant or deny the tax exemption based on the recommendations of the
board. A vote of the commission shall be required to adopt a motion.
(b) If the final application is granted, the city commission shall adopt a resolution granting the historic tax
exemption to the property owner. The resolution shall contain the following:
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(1) The name of the owner and the street address and legal description of the historic property that
the exemption is granted to;
(2) The period of time that the exemption shall remain in effect; and
(3) A finding that the historic property meets the requirements of this article.
(c) Upon adoption of the resolution,. and following the Officer's receipt of the executed historic property
tax exemption covenant, the officer shall record the covenant, along with any supporting documents,
with the deed for the property in the official records of the county. The applicant will be responsible for
payment of all fees associated with the recording of the documents. Following the recording of the
covenant, the officer will transmit to the property appraiser a copy of the city commission resolution
granting the exemption, with instructions to provide the historic tax exemption to the applicant as
provided for in the resolution. A copy of the officer's letter of transmittal to the property appraiser shall
be furnished to the applicant.
Sec. 23-23. - Covenant.
(a) To qualify for an exemption, the property owner must enter into a covenant or agreement with the city
for the term for which the exemption is granted. The form of the covenant shall be approved by the
Florida department of state and will require that the character of the property and the qualifying
improvements to the property be maintained during the period that the exemption is granted.
(b) The covenant shall be binding on the current property owner, transferees, and their heirs, successors,
or assigns.
DIVISION 3. -ADMINISTRATIVE PROVISIONS
Sec. 23-24. - Revocation.
(a) The following conditions shall provide justification for removal of a property from eligibility for the
property tax exemption by the city commission, provided under this code:
(1) The owner is in violation of the provisions of the historic preservation tax exemption covenant,
or
(2) The property has been damaged by accidental or natural causes to the extent that the historic
integrity of the features, materials, appearance, workmanship and environment, or archaeological
integrity that made the property eligible for listing in the National Register or designation under
the provisions of chapter 23 have been lost or so damaged that restoration is not feasible.
(b) For the exemption granted for non -profits and governmental agencies, the circumstances have
changed and the property no longer meets the tests established in section 23-11.
(c) Proceedings under this section may also be initiated following a finding by the code enforcement
board that a housing code violation has occurred. The board shall provide notice to the current owner
of record to the property and hold a hearing in the same manner as in a review of a certificate of
appropriateness as specified in section 23-5 before forwarding their recommendation to the city
commission.
(d) Upon a determination by the city commission that the historic tax exemption is to be revoked, the
officer shall provide written notice of the commission's decision to the applicant and the property owner
of record, if different, as well as to the property appraiser. The notice to the applicant, or owner of the
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property, if different, shall be accompanied by reasons and recommendations for changes to the
property that may result in reinstatement of the exemption.
(e) Upon receipt of a notice of revocation, the property appraiser shall discontinue the historic tax
exemption on the property as of October 1, of the year following receipt of the notice of revocation.
(f) The notice of revocation shall include a statement that a penalty equal to the total amount of taxes that
would have been due in March and each of the previous years in which the historic preservation
exemption covenant was in effect had the property not received the exemption, less the total amount
of taxes actually paid in those years, plus interest calculated as provided in F.S. § 212.12(3), shall be
imposed by the tax collector for violation of the terms, conditions, and standards of the historic
preservation exemption covenant.
Sec. 23-25, - Reinstatement.
A property may be reinstated for the historic tax exemption upon satisfactory submission of evidence
that the recommendations for changes to the property previously made by the officer and board, and which
have been approved by the city commission, have been completed. The process for reinstatement shall be
the same as the process for revocation proceedings. Upon reinstatement by the city commission of the
exemption, the officer shall notify the property appraiser and the historic tax exemption shall then be
reinstated for the remaining unexpired term of the initial exemption.
Sec. 23-26. - Reapplication,
An applicant previously granted a historic tax exemption by the city commission may undertake an
additional substantial improvement project during the exemption period, or following its expiration, and may
reapply for additional historic tax exemption for such subsequent work.
Sec. 23-27. - Annual report.
The officer shall prepare an annual report to the city commission concerning the historic preservation
tax exemption program. The report shall be filed at least 30 days before the commission adopts a budget
for the following fiscal year, and shall summarize activities of the officer and the board related to the historic
tax exemption program during the previous fiscal year. The information contained in the annual report shall
include, but not be limited to, the following:
(1) A list of the properties that preconstruction applications and completed work applications were
made for during the preceding year;
(2) An explanation of the disposition of each application;
(3) The total exempted amount for each completed project during the preceding year;
(4) The total number of properties currently participating in the historic tax exemption program as of
the end of the previous year;
(5) The total expenditure on all improvement projects currently participating in the program; and
(6) Any other information requested by the commission or considered significant by the officer.
Sec. 23-28. - Reserved.
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Sec. 23-29. - Judicial review.
Judicial review of decisions made by the board or the city commission shall be by certiorari in
accordance with state rules of appellate procedure.
Sec. 23-30. - Classification and assessment of historic property used for commercial or certain nonprofit
purposes.
(a) The city hereby elects, pursuant to the provisions of F.S. § 193.503, as currently enacted or as may
be amended from time to time, to provide for the assessment of historic property used for commercial
or certain nonprofit purposes as described therein solely on the basis of character or use as provided
in F.S, § 193.503. The character or use assessment shall apply only to eligible properties within the
city limits.
(b) A taxpayer claiming the reduction must comply with each and every provision of F.S. § 193.503, as
currently enacted or as may be amended from time to time.
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