HomeMy WebLinkAboutSubmittal-Vicky Leiva-City of Miami Code of Ordinances Chapter 23-Historic Preservation• Miami, FL Code of Ordinances
Chapter 23 - HISTORIC PRESERVATIONM
ARTICLE I. - HISTORIC PRESERVATION121
Sec. 23-1. - Intent and purpose.
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(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, 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.
(3)
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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
(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 Iisted 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.
(8) 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(2Xc) of the Code of Miami -Dade County, Florida, the
city expressly reserves and retains jurisdiction over archaeological zones and sites
within the city.
(Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2,10-22-09; Ord. No. 13180, § 2, 5-27-10; Ord. No.
13537, § 2, 7-23-15)
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:
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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 ofapproodateness 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.
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Certificate ofapproval A written document permitting tree removal or development activity
within those areas identified and established 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 loca/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.
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 byneglect. 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 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
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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.
Environmenta/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.
Historicand environmental preservation atlas The official historic and environmental
preservation atlas of the city, as amended, which shows all designated historic sites, historic
districts, and archaeological zones.
Historicpreservation 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.
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Historicpreservation 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, and objects.
Historicsign. A sign that has demonstrated artistic, historic, cultural, and/or aesthetic value,
as determined by resolution of the H EPB.
Historicsite. 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.
/nri//. 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, 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 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.
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Miami register ofhistoric p/aces. 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.
Nationa/register ofhistoric p/aces. 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 orrepair. 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.
Receivingsite. 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.
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.
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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).
Sendingproperty. 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.
Transfer of development rights (TDR) for historic resources. The sale of the unused
development rights to another parry 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.
(Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2,10-22-09; Ord. No. 13133, § 1, 1-28-10; Ord. No.
13180, § 2,5-27-10; Ord. No. 13537, § 2,7-23-15)
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.
(Ord. No. 13008, § 2,6-26-08)
Sec. 23-4. - Designation of historic resources, historic districts, and archaeological sites and zones.
(a) Criteria for designation. Properties maybe designated as historic resources,
historic districts, or archaeological sites and zones only if they have significance in
the historical, cultural, archaeological, paleontological, aesthetic, or architectural
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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;
(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 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;
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(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 historical importance.
(c) Procedures for designation. Properties which meet the criteria set forth in section
22-4 may be designated as historic resources, historic districts, and archaeological
sites and zones according to the following procedures:
(1) Proposals and preliminary evaluation. Proposals for designation maybe
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 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 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 parry
initiating such proposal to provide any necessary documentation, and to pay
any applicable fees.
a.
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NotiFcation. 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 shall be
notified. For historic districts 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)
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Preparation of designation report. For every proposed historic site resource,
historic district, 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, 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; present trends and conditions; and
incentives to encourage preservation, rehabilitation, or adaptive use.
b. Boundaries The designation report shall include a map or maps
indicating proposed boundaries. Boundaries for historic 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. 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.
(3) Notice andpublic hearing. The board shall conduct a public hearing to
determine whether the proposed historic resource, historic district,
archaeological site or zone meets the criteria set forth in subsection (a) and
shall approve, amend, or deny the proposed designation. The board may
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rehear proposals based upon policies set forth in its rules of procedure. All
public hearings on designations conducted by the board, except as provided
in subsection (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)a., 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 lines 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 his/her 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)
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Historic and environmental preservation atlas Historic sites, historic districts,
and archaeological zones designated pursuant to section 23-4 shall be shown
in the "Official Historic and Environmental Preservation Atlas of the City of
Miami, Florida," as amended.
(5) 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. 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 parry 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 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)
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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.
(Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2,10-22-09; Ord. No. 13142, § 10, 2-11-10; Ord.
No. 13512, § 2,4-9-15)
Sec. 23-5. - Nomination to the national register of historic places.
(a) Responsibilities under the certified localgovernment 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
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