HomeMy WebLinkAboutBack Up Docs from LegalSec. 23-4. - Designation of historic resources, historic districts, and archaeological sites and zones.
(a) Criteria for designation. Properties may be 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 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;
(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 23-4 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 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 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 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 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
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,
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 and public 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 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) 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, 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
$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) Amendments. The board may amend any designation by following the same procedures asset
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)