Ord No 42-11-2115ORDINANCE NO. 42-11-2115
An Ordinance amending the Land Development Code to create a new Article XI,
titled "Historic Preservation Regulations" and to place all current regulations
pertaining to historic preservation into Article XI, amending Section 20 -6.1 (D) to
change the procedure and criteria for appointing Historic Preservation Board
members; amending all regulations pertaining to historic preservation found in
Sections 20 -4.9, 20 -4.11, 20- 5.1.7, 20 -5.18 and 20 -5.19 to update the wording,
modifying certain provisions related to the guidelines concerning historic
preservation designation, amending historic designation report elements, amending
the procedure for issuance of a demolition permit and appropriately renumbering all
of these Sections for inclusion in Article XI
WHEREAS, the Land Development Code regulations which guide the
preservation activities of the City were adopted over a period of twenty years and are
contained in six sections in three different chapters, which makes it difficult for citizens,
architects, and contractors to locate and understand the regulations related to preservation
activities; and
WHEREAS, the Historic Preservation Board at its December 27, 2010 meeting
after reviewing all of the historic regulations contained in the Land Development Code
recommended that the regulations be updated and re- organized so that they can be located
in one section of the Code; and
WHEREAS, the Planning and Zoning Department prepared an amendment to the
Land Development Code which amends certain provisions of the Code which regulate
historic preservation and creates a new Land Development Code Article XI, "Historic
Preservation Regulations" which places all existing preservation activities in one location;
and
WHEREAS, the Planning Board at its January 25, 2011 meeting after public
hearing, adopted a motion by a vote of 7 ayes 0 nays recommending approval of the
proposed amendment with the suggestion that the regulations creating the Board
membership /duties should stay in Section 20 -6, and that the proposed change in new
Section 20 -1 L I (A)(2)(a) from "and" to "or" should not be adopted; and
WHEREAS, the Administration is supportive of the proposed creation of a new
Land Development Code Article XI, "Historic Preservation Regulations" and the Planning
Board's recommendation that the regulations creating the Board membership /duties should
stay in Section 20 -6, and that the proposed change in new Section 20 -11.1 (A) (2)(a) from
"and" to "or" should not be adopted; and
WHEREAS, the Historic Preservation Board at its August 29, 2011 meeting after
carefully reviewing the historic regulations contained in the Land ,Development Code and
after public hearing, adopted a motion by a vote of 7 ayes and 0 nays recommending
approval of the proposed amendment and instructed staff to proceed with the amended
regulations to the City Commission for adoption; and
Ord. No. 42 -11 -2115
4
WHEREAS, the City Commission desires to accept the recommendation of the
Historic Preservation Board, Planning Board and City Administration and enact the
aforesaid amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CI'T'Y
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. Section 20 -6.1 (D) titled "Historic Preservation Board" is hereby amended as
follows:
20 -6.1 - Administrative entities.
(D) Historic Preservation Board.
(1) Establishment and Membership.
(a) A Historic Preservation Board is hereby created which shall consist
of nine (9) members who reside or work in the City.
i�The, Mayor5 with tho adviog thp €Qy
i. Each City Commissioner shall appoint one (1) person to
serve as a representative on the Board, and all remaining
commission based on recommendations submitted by any
City Commissioner. Reappointments and /or replacements
are to be made in the identical manner as the original
appointments.
Board is to be replaced_, otherwise, any commission, member
may nominate a member for a vacancy by way of a
proposed resolution.
ii. All members shall be familiar with the purposes of
preserving and protecting districts, strictures or sites
having historic or archeological worth.
Board membership shall include two (2) registered
architects licensed to practice in the State of Florida. If it is
determined by the city commission that the positions of
architect cannot be filled by a qualified individual who
Ord. No, 42 -11 -2115
3
resides or works in the city, the residency requirement may
be waived by the commission and the position of architect
may be filled by a qualified individual who does not reside
or work in the city. The Board shall include one (1)
member who is a licensed Florida attorney
( "attorney/member) If it is determined by the City
Commission that the position of attorney cannot be
filled by a qualified individual who resides or works in
the eity, the residency reaui._remeut may be waived by
the commission and the position of attorney may be
filled by a qualified individual who does not reside or
work in the city. If the City cannot locate a qualified
attorney who is willing to sit on the Board, then the
City Commission may fill the attorney /member seat by
appointing anyone else who is otherwise qualified to be
a member of the Board.
iv. Members shall serve for a tern of two (2) years.
(b) Any member of the Board shall be automatically removed for missing
three (3) regular meetings in a row or five (5) meetings in a twelve -month
period.
i. The Planning and Zoning Director shall keep a record of
meetings missed.
ii. The Planning and Zoning Director shall advise the City
Commission and the member being removed that such
member has been automatically removed.
(2) Organization,
(,a)—K this
i. The Board shall hold one (l) regular meeting each month
on the last Monday of each month, except in June.
ii. Meetings shall not be held if no designation reports, plans,
specifications or scheduled matters are to be submitted
and /or initiated by the Board for review.
iii. Agendas of all meetings shall be posted at City Hall not
less than three (3) working days prior to any regularly
scheduled meetings, excluding workshops.
Ord. No. 42 -11 -2115
(b) The Board shall elect from its membership a chair and vice - chair
for a one year non- successive term, respectively.
i. The chair shall normally preside at all meetings of the
Board.
ii. In the absence of the chair, the vice -chair shall preside.
(c) A temporary chair may be elected at any meeting when both the
chair and the vice -chair are absent or recused.
(3) Powers and Duties.
(a) The Board shall have all such powers and duties granted by state
law, Metro Miami -Dade County Code and this Code.
(b) The Board shall review and recommend approval, disapproval or
modification of all applications for final approval by the City
Commission of historic district and historic site designations, and
site plans and specifications, and Certificates of Appropriateness, as
required under this Code.
(c) The Planning and Zoning Department shall maintain and update
files from the Miami -Dade County Historic Survey within the city
for the purpose of determining and promoting those districts and
sites of special historic or archeological value or interest.
(d) The Board shall make recommendations to the City Commission
on the designation of historic districts and sites, and archeological
sites, pursuant to this Code.
(e) The Board shall endeavor to improve and expand the Metro
_ iami -Dade County Historic Survey with additional sites,
information, oral histories and any other material as may be
available, and periodically, to reevaluate the survey to determine
whether changing times and values warrant recognition of new or
different, historic and /or archeological districts and sites.
(f) The Board shall, in reference to specific historic districts or sites,
or archaeological sites, recommend to the City Commission the use
of preservation incentives, including tax incentives and advantages.
(g) The Board shall make recommendations to the City Commission
concerning application for and the utilization of grants from federal
and state agencies, or from private groups and individuals, and
Ord. No. 42 -11 -2115
Wi
utilization of city funds to promote the preservation of historically
significant districts and sites and archaeologically significant sites.
(h) The Board shall recommend contact of public and private
organizations and individuals, engage in historic and archeological
preservation education, and undertake all reasonable and proper
means to promote preservation of historically and archaeologically
significant properties which are proposed for, or under threat of,
demolition, destruction or significant degradation.
(i) The Board shall evaluate and comment upon decisions by request
of other public agencies affecting the physical development and
appearance of historically significant districts and sites and
archaeologically significant sites, or upon the request of the City
Commission.
0) The Board shall recommend approval of historic and
archeological markers for properties within the city.
(k) The Board shall advise the city commission on matters related to
the use, administration and maintenance of city -owned historically
significant properties.
(1) The Board shall promote and encourage communication and
exchange of ideas and information between the Board and owners of
historically and archaeologically significant properties, potential
developers, public officials, financial institutions, and other
interested persons.
(in) The Board shall have the responsibility to advise the City
administration and City Commission on various matters, in
accordance with the terms of this Code.
(n) The Board shall conduct any other function which may be
designated or assigned by act of the City Commission.
(4) Procedures.
(a) Quorum and voting.
i. A quorum shall be five (5) members.
ii. An affirmative vote of a majority of the members present
shall be required to pass upon any matter on which the Board
is required to act under this Code.
Ord. No. 42 -11 -2115
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iii. In instances when the Board considers a designation
report, a quorum shall consist of five (5) members, at least
one (1) of whom shall be an architect.
(b) The Planning and Zoning Department shall keep a permanent
record of all proceedings before it.
(c) Meetings of the Board shall be public and notification of such
meetings shall be given in accordance with Code provisions. If any
scheduled meeting is not held, then all applications scheduled for
such meeting, except designation reports, shall be heard and decided
by the P4amqift=and=9@ning Director of the
Planning and Zoning Department (or the
director's designee) no later than the end of the next business day
after the scheduled meeting was to have been held. The director's
decision, if for approval, shall constitute Historic Preservation
Board approval.
(d) All approved designation reports shall bear the official signature
of the chair presiding at the meeting at which such reports are
approved.
(e) Reserved
(f) Financial interest.
i. Any member of the Board who has a special financial
interest, direct or indirect, in any matter before the Board
shall make that interest known and shall abstain from
participation therein in any manner.
ii. Willful failure to disclose such financial interest shall
constitute malfeasance in office and shall render the action
voidable by the City Commission.
(g). The City's staff, the Director of the Miami -Dade County Office
of Historic Preservation, and private parties may make
recommendations to the Board for the initiation of designations of
historic districts and individual historic sites, whether residential,
commercial, industrial or other types of sites. The recommendation
shall be addressed to the Board and delivered to the City Clerk by
United States mail, facsimile transmission, or e -mail. The Board, in
its discretion, may make its own recommendation to the City
Commission for the adoption, amendment to or rejection of such
suggestions which shall be treated as an application. See Chapter 16-
A: Sec. 16 -3.1 (4)(a)(2). In such event, the Board shall notify the
Planning Director who shall provide due notice to affected parties,
Ord. No. 42 -11 -2115
Section 2• The City of South Miami's Land Development Code is hereby amended
to add Article XI, titled "Historic Preservation Regulations"
Section 3: Section 20 -4.9 of the City of South Miami's Land Development Code
is hereby amended, the Section is hereby renumbered from Section 20 -4.9 to Section 20-
11.1 and the new Section 20 -11.1 is hereby moved from Article IV to Article XI.
Section 20- 11.91 Historic Preservation Standards.
(A) Historic and Archeological Site Designation Guidelines,
(1) The Board shall use the following guidelines for reviewing projects
proposed for designation as historic properties and sites or for properties within
historic districts and for the purpose of recommending the designation of areas,
places, buildings, strictures, landscape features, archeological and
paleontological sites and other improvements or physical features, as individual
sites, districts or archeological or paleontological zones that meet at least one of
the following criteria:
(a) Are significant in South Miami and Miami -Dade County's history,
architecture, paleontology, archeology or culture and that possess an integrity
of location, design, setting, materials, workmanship or association.
(b) Are associated with distinctive elements of the cultural, social,
political, economic, scientific, religious, prehistoric, paleontological and
architectural history that have contributed to the pattern of history in the
South Miami community, Miami -Dade County, south Florida, the State
of Florida or the nation.
(c) Are associated with the lives of persons significant in our past.
(d) Embody the distinctive characteristics of a type, period, style or
method of construction or work of a master, or that possess high artistic
value; or that represent a distinguishable entity whose components may
lack individual distinction.
(e) Have yielded, or are likely to yield information in history or
prehistory;
(f) Are listed in the National Register of Historic Places.
(2) Properties not generally considered; exceptions. Certain properties,
which include cemeteries, birthplaces, properties owned by religious institutions
or used for religious purposes, structures that have been moved from their
original locations, properties commemorative in nature and properties that have
achieved significance within the last fifty (50) years, will not normally be
considered for designation. However, such properties will qualify if they are
integral parts of districts that do meet the criteria, or if they fall within the
following categories:
(4) A religious property deriving primary significance from
architectural or artistic distinction of historical importance.
Ord. No. 42 -11 -2115
(b) A building or structure removed from its location but which is
primarily significant for architectural value, or is the surviving structure
most importantly associated with an historic event or person.
(c) A birthplace or grave of an historical figure of outstanding
importance if there is no other appropriate site or building directly
associated with his/her productive life.
(d) A cemetery which derives its primary significance from graves
of persons of transcendent importance, from age, distinctive design
features, or from association with historic events.
(e) A property primarily commemorative in intent if design, age,
tradition or symbolic value has invested it with its own historical
significance.
(f) A property or district achieving significance within the past fifty (50)
years if it is of exceptional importance.
(B) Demolition of Historic Structure Guidelines. In addition to all other
provisions of this Code, the Board shall consider the following standards in
evaluating applications for demolition of designated historic structures.
(1) Is the structure of such interest or quality that it would reasonably
meet national, state or local criteria for designation as an historic or architectural
landmark?
(2) Is the structure of such design, craftsmanship or material that it could
be reproduced only with great difficulty and /or expense?
(3) Is the structure one of the last remaining examples of its kind in the
area, city, county or region?
(4) Does the structure contribute significantly to the historic character of
a designated district?
(5) Would retention of the structure promote the general welfare of the
city by providing an opportunity for study of local history, architecture and
design or by developing an understanding of the importance and value of a
particular culture and heritage?
(6) Are there definite plans for reuse of the property if the proposed
demolition is carried out, and what will be the effect of those plans on the
character of the surrounding area?
Section 4: Section 20 -5.1.7 of the City of South Miami's Land Development Code
is hereby amended, the Section is hereby renumbered from Section 20 -5.17 to Section 20-
11.2 and the new Section 20 -11.2 is hereby moved from Article V to Article XI.
Ord. No, 42 -11 -2115
Section 20 -11.2 Designation Procedure for I3istoric Sites.
(A) Report Required.
Prior to the designation of an individual historic or archeological site, an
investigation and formal designation report must be filed with the
Historic Preservation Board.
(B) Historic Preservation Board Recommendation.
The Historic Preservation Board shall make recommendations to the
CIty Commission concerning all properties proposed as historic sites,
districts or archeological zones.
(C) Proposals and Preliminary Evaluation and Recommendation.
(1) Application for designation of individual properties and districts may
be made to the Planning and Zoning Department by any member of the
Historic Preservation Board, the Environmental Review and
Preservation Board, the City Commission, the City administration or the
property owner(s) of the subject property for designation.
(2) The Historic Preservation Board shall conduct a preliminary
evaluation of available data for conformance with the criteria set forth
herein and may direct the preparation of a formal designation report by
one of the members of the Board. The Historic Preservation Board may
then meet as a body and develop recommendations to transmit to the
City Commission regarding designations.
(D) Historic Preservation Board Findings.
(1) If the Board finds that the proposed designation meets the intent and
criteria set forth in this Code, it shall transmit such recommendation to
the Planning Board and City Commission with the designation report
and any additions or modifications deemed appropriate.
(2) If the Board finds that the proposed designation does not meet the
intent and criteria in this Code, no further action shall be required,
except that the Board's action may be appealed in accordance with the
provisions of this Code.
(E) Planning Board Review.
(1) Following a favorable recommendation by the Historic Preservation
Board, a proposed designation shall be implemented by the adoption of
an "HP -OW Historic Preservation Overlay zone for the property set
forth in the historic designation report.
(2) The Planning Board shall determine if the designation is compatible
with the goals and policies of the Comprehensive Plan, and if the
Ord. No. 42 -11 -2115
10
proposed historic site and /or district regulations would change any
existing zoning district regulations such as, for example, permitted use,
height, floor area ratio, yard setbacks or off - street parking. The review
shall be pursuant to the provisions set forth in Section 20 -5.5,
Applications requiring public hearings. The recommendation of the
Planning Board on the proposed designation shall be transmitted to the
City Commission.
(F) City Commission Public Hearing.
(1) Public Flearing Requirement. The City Commission shall hold a
Public hearing, pursuant to the provisions set forth in Section 20- 5.5(G)
and notice requirements of subsection (2) and as required by the
provisions of the City Charter, on each proposed designation within
sixty (60) calendar days of the recommendation by the Historic
Preservation Board and /or the filing of the completed designation report.
(2) Notice Requirement. At least ten (10) calendar days prior to the
public hearing for each proposed designation of an individual site,
district or zone, the .Planning and Zoning Director shall mail a copy of
the desilmation report to the owner at the address listed on the most
recent tax rolls as notification of the intent of the City Commission to
consider designation of the property.
(3) Objections. Upon notification, any owner of a property proposed for
individual designation who wishes to object shall submit to the City
Clerk's Office a notarized statement certifying the objection to the
designation.
Sectio4r 5� Section 20 -5.18 of the City of South Miami's Land Development Code
is hereby amended, the Section is hereby renumbered from Section 20 -5.18 to Section 20-
11.3 and the new Section 20 -11.3 is hereby moved from Article V to Article XI.
Section 20 -11.3 — Historic Designation Reports.
(A) Report Format and Contents.
Report format designating historic or archeological sites may vary
according to the type of designation. All reports shall address the
following:
(1) Historical, cultural, architectural and archeological significance of
the property or properties being recommended for designation;
(2) Projected, proposed or existing public improvements and
developmental or renewal plans;
Ord. No. 42 -11 -2115
(3) Boundary recommendations for historic districts and archeological
zones and identification of boundaries of individual sites being
designated; acid:
(B) Nonconforming Properties.
Where a report is filed recommending designation of a district, the
report must identify those properties, if any, within the district which are
not historically or architecturally compatible with structures in the
district, and such report shall provide standards for regulating such
nonconforming properties.
Section 6: Section 20 -5.19 of the City of South Miami's Land Development Code
is hereby amended, the Section is hereby renumbered from Section 20 -5.19 to Section 20-
11.4 and the new Section 20 -11.4 is hereby moved from Article V to Article XI.
Section 20 -11.4 —.Demolition of Designated Sites; Demolition by
Neglect and Certificates of Appropriateness.
(A) Order Required.
Demolition of a designated building, structure, improvement, or site may
only occur pursuant to an order of a governmental agency or a court of
competent jurisdiction or pursuant to an approved application by the
owner. Demolition by neglect or significant degradation of a designated .
building, structure, improvement, or site is hereby declared to be a
violation of this Code, and is subject to the penalties and provisions set
forth under Section 20 -6.
(B) Notice Required.
(1) Governmental agencies having the authority to demolish unsafe
structures shall receive notice of designation of individual sites, districts,
or archeological zones pursuant to this Code from the Historic
Preservation Board.
(2) The Historic Preservation Board shall be deemed an interested party
and shall be entitled to receive notice of any public hearings conducted
by said governmental agency and the owner relative to the feasibility of,
and the public interest in, preserving the designated property, or
significant relics and artifacts.
(C) Demolition Approval.
(1) No permit for voluntary demolition of a designated building,
structure, improvement or site shall be issued to the owner thereof until
Ord, No, 42 -11 -2115 12
an application for approval and the reasons therefore have been
submitted tc and approved by the Planning and Zoning Di*i&ion
Department, pursuant to the procedures in this Code.
(2) The Historic Preservation Board may petition the City Commission
to place a hold on the demolition permit process to allow the Board
time to determine whether there is a person, group, agency or entity
( "interested person ") who, in the opinion of the Board, is ready,
willing and able to make reasonable arrangements with the owner
for the preservation of the property or who, in the opinion of the
Board, is ready, willing and reasonably able to raise money for the
same or similar purpose or to take any action provide for in this
Section for the preservation or protection of the property. However,
in no event shall the delay exceed 60 days ( "Initial Delay Period "),
unless a member of the Board notifies the City Commission that an
interested person has been identified. Notice to the City Commission
shall be in writing and delivered to the Citv Clerk bv United States;
Commission shall address the matter at its next Commission
meetiug at which time it may delay the demolition for 6 months to
al. low the interested person time to make arrangements with the
upon at the next two scheduled City Commission meetings, the hold
on the demolition process shall be lifted the next business day
following the last of such meetings. If the Commission grants an
extension, the Board, before the expiration of the extension, shall
present the Planning and Zoning Director with a status report and
period not to exceed 6 months to allow the inti
make satisfactory arrangement with the owner
of the property, At the end of this period of t
shall be lifted and the owner shall be allowed
demolition permitting procedure. wig
�restedParty time to
for the preservation
ime, the ep rmit hold
to proceed with the
(3) The Planning and Zoning Department ("the Department ") shall
not grant demolition approval without first preparing a written report: or
memorandum detailing the public interest that will be served if the
demolition application is approved. The report or memorandum shall be
sent to the Historic Preservation Board thirty (30) days before the
demolition application is approved by the Department.
Ord. No. 42 -11 -2115 13
(4) The Historic Preservation Board, or any interested person or entity,
may petition or appeal to the City Commission to overrule the decision
to grant demolition approval and the applicant, or any interested person
or entity, may petition or appeal to the City Commission to overrule the
denial of demolition approval.
(D) Structure Preservation.
(1) During the demolition delay period, the Board may take such action
as it deems necessary to preserve the structure concerned, in accordance
with the purposes of this Code.
(2) Such steps may include, but shall not be limited to:
(a) Consultation with civic groups, agencies and interested citizens;
(b) Recommendations for acquiring; property by public or private bodies
or agencies; and
(c) Exploration of the possibility of moving one (1) or more structures or
other features.
(E) Certificate of Appropriateness.
(1) Certificate Required as Prerequisite to Alteration, F.tc. Pursuant to a
recommendation by the Planning and Zoning Director of the need for an
appropriateness review, no building, structure, improvement, landscape
feature, or archeological site within the City of South Miami which is
designated pursuant to this Code shall be erected, altered, restored,
renovated, excavated, moved, or demolished until an application for a
"Certificate of Appropriateness" regarding any architectural features,
landscape features, or site improvements has been submitted to and
approved by the Historic Preservation Board or by the City Commission
upon appeal.
Architectural features shall include, but not be limited to, the
architectural style, scale, massing, siting, general design, and general
arrangement of the exterior of the building or structure, including the
type, style and color of roofs, windows, doors and appurtenances.
Landscape features and site improvements shall include, but are not
limited to, site regarding, subsurface alterations, fill deposition, paving,
landscaping, walls, fences, courtyards, signs and exterior lighting.
No certificate of appropriateness shall be approved unless the
architectural plans for said constriction, alteration, excavation,
restoration, renovation, or relocation are approved by the Historic
Preservation Board or by the City Commission upon appeal. A
certificate of appropriateness requesting a demolition permit for a
designated historic structure must receive approval of the City
Commission regardless of whether or not an appeal has been filed.
Ord. No. 42 -11 -2115 14
(2) Standards for Issuance. The Historic Preservation Board shall adopt
and may, from time to time, amend the standards by which applications
for any certificate of appropriateness may be evaluated. In adopting
these guidelines, it shall be the intent of the Board to promote
maintenance, restoration, adaptive reuses appropriate to the property,
and compatible contemporary designs that are hannonious with the
exterior architectural and landscape features of neighboring buildings,
sites, and streetscapes. These guidelines may also serve as criteria for the
Planning and Zoning Director to make decisions regarding the need for
an application for a certificate.
(3) Procedures.
(a) An applicant for a certificate of appropriateness shall submit an
application to the Planning and Zoning Department and accompany such
application with full plans and specifications, site plan, and samples of
materials as deemed appropriate to fully describe the proposed
appearance, color, texture, or materials, and architectural design of the
building and any outbuilding, wall, courtyard, fence, landscape feature,
paving, signage, and exterior lighting.
The applicant shall provide adequate information to enable visualization
of the effect of the proposed action on the applicant's building and its
adjacent buildings and streetscapes.
If such application involves a designated archeological site, the applicant
shall provide full plans and specifications of work that may affect the
surface and subsurface of the archeological site.
(b) The Historic Preservation Board shall review upon an application for
a, certificate of appropriateness affecting designated properties at a
public meeting. The Board may approve, deny, or approve an
application with conditions.
(4) Appeals from Board decision
(a) An applicant or any interested party may appeal to the City
Commission within 15 days, a certificate of appropriateness decision
made by the Historic Preservation Board. The appeal shall be submitted
to the City Clerk on a form provided by the City Clerk.
(b) The City Commission may approve, deny, or approve in modified
form an application on appeal, subject to the acceptance of the
modification by the applicant, or suspend action on the application for a
period not to exceed thirty (30) days in order to seek technical advice
from outside its members or to meet further with the applicant to revise
or modify the application. Notice of the public hearing by the City
Commission shall be given to the applicant, property owner(s) and
Ord. No. 42 -11 -2115
15
appellant by certified mail and to other interested parties by
advertisement in a newspaper of general circulation at least ten (10) days
prior to the public hearing.
(c) The decision of the City Commission on the appeal shall be issued in
writing. Evidence of approval of the appeal and the application shall be
by certificate of appropriateness issued in the form of a resolution of the
City Commission.
(d) If the appeal is denied, or modification is recommended, the City
Commission shall, to the extent possible, make specific findings as to
the reasons for denial and modification, and recommend appropriate
changes, if possible.
(5) Compliance of Work with Certificate Standards.
All work performed pursuant to the issuance of any certificate of
appropriateness shall conform to the requirements of the certificate. The
City Manager shall designate an official to perform necessary
inspections in connection with enforcement of this chapter, who shall be
empowered to issue a stop work. order if performance is not in
accordance with the issued certificate.
No work shall proceed as long as a stop work order continues in effect.
Copies of inspection reports shall be furnished to the City Manager and
copies of any stop work orders shall be furnished to both the Historic
Preservation Board and the applicant. The designated official shall
ensure that work not in accordance with a certificate of appropriateness
shall be corrected to comply with the certificate of appropriateness prior
to withdrawing the stop work order.
(6) Emergency, Temporary Measures.
For the purpose of remedying emergency conditions determined to be
dangerous to life, health, or property, nothing contained herein shall
prevent the making of any temporary construction, reconstruction, or
other repairs to a building or site, pursuant to an order of a government
agency or a court of competent jurisdiction.
The owner of a building damaged by fire or natural calamity shall be
permitted to stabilize the building immediately without approval and to
rehabilitate it later under the normal review procedures of this chapter.
Section 7: Section 20 -4.11 of the City of South Miami's Land Development Code
is hereby amended, the Section is hereby renumbered from Section 20 -4.11 to Section 20-
11,5 and the new Section 20 -11.5 is hereby moved from Article IV to Article XI.
Ord. No, 42 -11 -2115 16
Section 20 -11.5 Special ovisions Applicable D
to esignated Hi
Pr storic
Sites.
(A) Non - Conforming Signs.
Notwithstanding the provisions of Section 20 -4.3 (K), all existing non-
conforming signs located on a designated historic site may be repaired,
altered, modified, copy changed, expanded, replaced, or replicated
provided that the Historic Preservation Board approves and issues a
certificate of appropriateness.
(B) Off Street Parking Requirements.
Notwithstanding the provisions of Section 20 -4.4, designated historic
sites are exempt from all parking requirements.
(C) Damage to a Nonconforming Structure.
Notwithstanding the provisions of Subsection 20- 4.8(G) if a
nonconforming designated historic structure is damaged by more than
fifty (50) percent of its replacement value such structure may be repaired
or reconstructed to the same footprint, height, and density; providing
that the architectural style, design and historic context is consistent with
the original designation as evidenced by the issuance of a certificate of
appropriateness by the Historic Preservation Board.
(D) Variances,for designated historic .rites.
n Notwithstanding the provisions of Section 20 -5.5 and Section 20-
6.1(3)(h), the authority for hearing and recommending upon a variance
request submitted for a designated historic site or for a contributing
building within a designated historic district, shall be vested in the
Historic Preservation Board subject to the following conditions and
restrictions:
(1) The Planning and Zoning Department shall review all plans for
alterations, additions, restoration or renovation of designated historic site
prior to the applicant's submission for a Certificate of Appropriateness
and shall determine if there is a required variance in connection with the
proposed construction.
(2) The variance in conjunction with an application for a Certificate of
Appropriateness, if approved, shall result in significant historic;
renovation or preservation.
(3) The Planning and Zonin Department and the Historic Preservation
Board shall follow the same procedural steps for the application, review
and recommending upon a variance as specified herein for the Planning
Ord. No. 42 -11 -2115 17
Board under Section 20 -5.5. There shall be no fees charged for the
variance application.
(4) Recommendations by the Historic Preservation Board on a requested
variance in conjunction with an application for a Certificate of
Appropriateness shall not require a fording of hardship or extraordinary
conditions.
(5) The granting of a Certificate of Appropriateness with a variance shall be subject to
approval by the City Commission, upon recommendation from the Historic Preservation
Board.
Section 8: Codification. The provisions of this ordinance shall become and be
made part of the Code of Ordinances of the City of South Miami as amended; that the
sections of this ordinance may be renumbered or re- lettered to accomplish such intention;
and that the word "ordinance" may be changed to "section" or other appropriate word.
Section 9. Severability. If any section, clause, sentence, or phrase of this
ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, this holding shall not affect the validity of the remaining portions of this
ordinance.
Section 10. Ordinances in Conflict. All ordinances or parts of ordinances and all
section and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of
ordinances, that give the appearance of being in conflict when the two ordinances can be
harmonized or when only a portion of the ordinance in conflict needs to be repealed to
harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its
terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion
that needs to be repealed to harmonize the two ordinances shall be repealed.
Section 11. Effective Date. This ordinance shall become effective upon
enactment.
PASSED AND ENACTED on this 6th day of December 2011.
ATTEST: APPROVE V.
I CLEF t' MAYOR
1 :c Reading - 11/15/11
2 I Reading- 12 / 6 /Y1
READ AND APPROVED AS 1�) FO COMMISSION VOTE:
LANGUAECUTtO GFk�LEGALITY Mayor Stoddard:
EX THEREOF Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
�.
_ Commissioner Harris:
CITY A O EY
4 -0
Yea
absent
Yea
Yea
Yea
South Miami
All- Ameticacify
CITY OF SOUTH MIAMI 11111F
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor and City Commission Date: November 15, 20'11
Thru: hector Mirabile, Ph.D., City Managed RAE: Amendment to the Historic
Preservation Board
From: Christopher Brimo, AICP Ordinance
Planning Director �4VI
ITEM No. _
Subject:
An Ordinance amending the Land Development Code to create a new Article XI, titled "Historic
Preservation Regulations" and to place all current regulations pertaining to historic preservation
into Article XI; amending Section 20 -6.1 (D) to change the procedure and criteria for appointing
Historic Preservation Board members; amending all regulations pertaining to historic preservation
found in Sections 20 -4.9, 204.11, 20 -5.17, 20 -5.18 and 20 -5.19 to update the wording, modifying
certain provisions related to the guidelines concerning historic preservation designation, amending
historic designation report elements, amending the procedure for issuance of a demolition permit
and appropriately renumbering all of these Sections for inclusion in Article XI
STATUS UPDATE
At its meeting held on January 25, 2011, the Planning Board conducted a public hearing and adopted a
motion by a vote of 7 ayes 0 nays recommending approval of the proposed amendment with the
suggestion that the regulations creating the Board membership /duties should stay in Section 20 -6, and that
the proposed change in new Section 20 -11.1 (A) (2)(a) from "and" to "or" should not be adopted,
On March 15, 20117 the City Commission deferred this item with a 5 -0 vote. The Commission requested
staff to review Section 2 entitled "Historic Preservation Regulations ", Section 20 -11 of the Land
Development Code for consistency with the Miami -Dade County Code of Ordinances. Staff found that
the format proposed by South Miami was consistent with the Code for Miami -Dade County. The Miami -
Dade County Code provided more discretion than the City's prior historic preservation regulations and all
we have done was to make the Land Development Code as flexible as Miami -Dade County Code, (see
attached. M -D County Code).
At the April 4, 2011 City Commission meeting, Mr. Jeffrey Bass, attorney, voiced his objections during
the public hearing .portion of this item. His objections to the item were regarding the extension of the
delay to the demolition period, how the use of the word "may" in the ordinance was changed to "shall ",
and bow the word "and" was changed to the word "or." Because of this, the commission deferred the item
a second time so that the ordinance could be sent back to the Historic Preservation Board for further
review. For additional infonnation, please refer to the attached meeting minutes for the April 4, 2011 City
Commission meeting.
At the May
23,
2011
Historic Preservation Board
meeting, the Board discussed
this
item and
had
questions for
Mr.
Pepe
(City Attorney].
However,
because the City Attorney was
not
present at
the
meeting, no motion was taken on this item and was deferred to the next regular scheduled Historic
Preservation Board meeting. Pursuant to Section 20- 6.1(D)(2)(a)(i) Historic Preservation Board,
Organization, Meetings, of the Land Development Code, The Board shall hold one (1) regular meeting
each month on the last Monday of each month, except in .June,
At the July 25, 2011 Historic Preservation Board meeting, the Board met and discussed this item with the
City Attorney. The item was discussed in keeping with the April 4, 2011 City Commission concerns and
reasons for deferral. The Board motioned to defer the item so that the City Attorney would include
additional language that would clarify and justify the demolition approval delayed effective date of up to
six months. For additional information, please refer to the Boards attached meeting minutes of July 25,
2011-
At the August 29, 2011 Historic Preservation Board meeting, the Board met and discussed this item once
again with the City Attorney. The item was discussed in keeping with the July 25, 2011 meeting motion
that the City Attorney would include additional language in reference to the demolition approval delayed
effective date of up to six months. After careful review of this entire document to ensure that it is in line
with the City's vision for its historic areas the Board determined that the change in how the board is
appointed must be revised to be consistent with current regulations. It is no longer the Mayor with the
advice and consent of the City Commission who appoinds the naenlbers of the board and pursuant to
,Section 20- 63(D)(1)(a), but rather each city commissioner shall appoint one (1) person to serve as a
representative on the board. The City Attorney was researching the original ballot summary and has
suggested that we may need to change the language in the "published" charter to conform to the ballot
summary as well.
On September 20, 2011, the City Commission heard a previous version of this ordinance on first reading.
Due to additional questions that were raised by the Commission, the City Attorney recommended deferral
of the ordinance until the amendments could be incorporated. The revised ordinance was sent back to the
Historic Review Board on October 257 2011 by the City Attorney to solicit additional comments. The
attached proposal is the final amendment that addresses the comments and concerns.
RCCONIMENDATJ ®N
It is the Staffs recommendation that the attached proposed ordinance be approved as presented.
Attachments.
® Draft Ordinance
m Public Notices
CEZACornm Iternsvo11\i 1- 15- 11 \Fiist_Ilisloric Qrd \ORDINANCE for HISTORIC REGULATIONS CM Report 11- 15 -11,doc
PA
City of South Miami
Regular City Commission Minutes
EXCERPT
September 20, 2011
ORDINANCE(S) FIRST READING
15. An Ordinance amending the Land Development Code to place in one article all
current regulations pertaining to historic preservation by amending Section 20-
6.1 (13)(1)(a) entitled "Historic Preservation Board Establishment and
Membership" in order to require that one member be a licensed attorney; and
by creating new Article XI, "Historic Preservation Regulations" including Section
20 -11.1 to be entitled "Historic Preservation Standards "; Section 20 -11.2 to be
entitled "Designation of Historic Sites "; Section 20 -11.3 to be entitled "Historic
Designation Reports "; Section 20 -11.4 to be entitled "Demolition of designated
sites; demolition by neglect and certificates of appropriateness "; Section 20-
11.5 to be entitled "Special Provisions Applicable to Designated Historic Sites"
and making revisions to update current wording and to modify certain
provisions related to the demolition delay period; and deleting from the Land
Development Code regulations pertaining to historic preservation including
Sections 20 -4.9, 20 -4.11, 20 -5.17, 20 -5.18, 20 -5.19. 3/5
(City Manager - Planning & Zoning Dept.)
Moved by Commissioner Palmer, seconded by Commissioner Beasley to approve this
item.
This ordinance was prepared before Mr. Pepe and Mr. Brimo had come on board to
work for the City. Therefore, after a brief discussion among the Commission and staff, the City
Attorney recommended deferral due to the fact that the ordinance needs too many changes.
With some further comments, the motion to defer this item passed by a 4 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Absent
Mayor Stoddard: Yea
CITY COMMISSION MINUTES Z
September 20, 2011
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she Is the
LEGAL CLERK, Legal Notices of the Miami Daily BusImass
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING f ?J6 /2011
in the XXXX Court,
was published in said newspaper in the issues of
11/25/2011
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement;. and affiant further says that he or
she has neither p 'd.ner -pr ed any person, firm or corporation
any discou e afe, commiSelo or refund for the purpose
of corn cement fo oubiication in the said
before me this
25 da �p I NOVEMS,012 A.D. 2011
(SEAL)
MARIA MESA personally known to me
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