HomeMy WebLinkAboutO-13537Vop City of Miami
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Ordinance: 13537
File Number: 15-00815
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/23/2015
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
23/ARTICLE I/ OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "HISTORIC PRESERVATION," MORE PARTICULARLY BY AMENDING
SECTION 23-6 TO REFINE THE LANGUAGE THAT ALLOWS THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD TO GRANT WAIVERS TO CERTAIN
ZONING PROVISIONS IN AN EFFORT TO FURTHER THE PRESERVATION OF
THE CITY OF MIAMI'S HISTORIC RESOURCES; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the preservation of the City of Miami's ("City") historic resources is a significant
goal in the City's overall vision for its future; and
WHEREAS, the adaptive reuse of the City's historic resource is a development activity that the
City wishes to promote;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as fully set forth in this Section.
Section 2. Chapter 23/Article I/ of the Code of the City of Miami, Florida, as amended, entitled
"Historic Preservation," is amended in the following particulars: {1}
"CHAPTER 23
HISTORIC PRESERVATION
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 resources,
areas, neighborhoods, and scenic vistas which represent distinctive elements of
the city's historic, cultural, archaeological, paleontological, aesthetic, and
architectural heritage.
(2) Foster civic pride in the accomplishments of the past.
(3) Protect and enhance the aesthetic and environmental character, diversity, and
interest of neighborhoods.
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(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, 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 HEPY713 may, in the interest of historic
preservation, waive certain zoning requirements pertaining to minimum lot size,
setbaGks, minimurn lot widths, building feetprint, green spaGe, eff street parking
ander marling requirements, for those existing structures deemed individually
significant, or "contributing" within a designated historic district.
(3) Provide a menhanism whereby the I EPB may, in the interests of hic4nrin
,
preservati to 20 peFGent of the underlying zening diStFiGt requirements
for buildingnntnrint nr green ���o- either an addition to an exist�og-
n n
,
building within a hiStGFiG
dis��tri
0) 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.
{5-) 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.
{6-) 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."
{-) 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.
M 0) 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.
k9-) Assure that alterations and new construction within designated historic sites,
historic districts, 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.
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Sec. 23-2. Definitions.
Enactment Number: 13537
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:
Adaptive reuse use. The process of converting a building to a use other than that for
which it was designed.
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.
Sec. 23-6.1. Waivers, exceptions and exclusions for locally designated historic resources.
In an effort to promote and encourage the preservation and adaptive use reuse of
locally designated resources, so designated pursuant to the provisions of section 23-4, the
HEPB 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 existing bud designated historic resources.
a. Any building that is individually locally designated or is classified as a contributing
building within a local historic district, 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. pertaining to minimi rn lot size sc Gks minimi rn lot width,
building footprint ores aGe�street narking or leading requirements
However, the board shall not have the authority to grant any waivers of density,
intensitv and Buildina Heiaht reauirements.
h In rases where the nonfig iration of a Innally `•designated property, or a
,
rontrib sting property within a IGGally designated hictnrin r•distrint proms irdes
reasonable and appropriate Lice of the property within the underlying transept a
waiver of up to twenty pernent (200/) from the underlying requirements for
sethaGks building footprint, gi and green snore may he authorized by the hoary)
b. E In cases where the size or configuration of a locally designated property, or a
contributing property within a locally designated historic district 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 one
hundred percent (100%) 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
loadina reauirements.
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Such a redUGtOGR waivers will be granted only when it can be demonstrated that:
1. Granting the medifmvar iGaation 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 medifmva filiation waiver would promote the preservation of the
historic resource or historic district while reducing nonconformities.
3. Granting the medifmva fiGaai1'on 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 HEPB 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.
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 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:
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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 HEPB 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.
(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
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, or waiver or exclusion shall be in harmony with the general
intent and purpose of this chapter.
c. For restaurants and private clubs the property shall be located in a T5 -R
Transect Zone or higher. Prior to the issuance of a certificate of use for any
such use, a parking plan must be approved by process of warrant pursuant to
the provisions of Miami 21. A parking plan for purposes of this section is a
written plan or graphic depiction presented by the applicant providing for traffic
control and parking accommodations for the property.
(8) Conditions and safeguards. In granting any exception, or waiver or exclusion, the
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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).
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption
thereof. {2}
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission.
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