16South Miami
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Hector Mirabile, Ph.D., City ManageKpz
From: Lourdes Cabrera, Acting Director ( /
Planning and Zoning Department
Date: April 4, 2011 ITEM No.
Subject:
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
the Land Development Code to place in one article all current regulations pertaining to historic
preservation by amending Section 20- 6.1(D)(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; providing for
severability; providing for ordinances in conflict; and providing an effective date.
STATUS UPDATE
On March 15, 2011, 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 Miami -Dade County Code. Staff finds that the South Miami
proposed format is consistent with Miami -Dade County Code. The Miami -Dade County Code has provided
more discretion than our prior historic preservation regulations and all we have done is to make the Land
Development Code as flexible as Miami -Dade County Code, (see attached M -D County Code).
The Planning Board at its meeting on January 25, 2011 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.
BACKGROUND
The Historic Preservation Board has been very active in recent years. Since 2004 a total of 41 residential
and commercial buildings including one historic district have been designated. The Board also reviews
annually 10 -12 proposed exterior renovation, rehabilitation, or signage projects which are proposed for
designated sites. A Certificate of Appropriateness is required prior to an applicant obtaining a building
permit.
The Historic Preservation Board at its December 27, 2010 meeting reviewed all of the regulations
contained in the Land Development Code which guide the preservation activities of the City. The
current regulations were adopted over a period of twenty years and are contained in six sections in
three different chapters. The Board felt that regulations should be updated and re- organized so that
they can be located in one section of the Code. In addition the Board felt strongly that certain
provisions should be revised. The Board at its meeting adopted a motion by a vote of 8 ayes 0 nays
recommending that the amendments contained in the attached draft ordinance be approved.
PROPOSED LDC AMENDMENT
The attached draft ordinance contains all of the historic preservation regulations currently in the Land
Development Code. All new wording is shown in bold /underlined; wording to be removed is shown in
stfike Off eit . The following is a summary of the updates and revisions being proposed including their
page number in the draft ordinance:
(1) Section 20 -6.1, — It is proposed that one of the nine members of the Board be a Florida attorney.
This section which creates the Board membership and duties would remain in Chapter 6 which contains
the same creation/duties for all of the City's development boards;
(2) A new Article XI is proposed to be created. All existing sections with the exception of Section 20-
6.1 would be renumbered to 20 -11.1, etc. and relocated to Article XI;
(3) Technical updates are shown on several pages, these include correcting the Departmental name to
the "Planning and Zoning Department" and correcting Metro Dade County to "Miami -Dade County ";
(4) Section 20- 11.1(A)(2)(a) p.6- A rewording from "and" to "or" would allow more flexibility in
determining eligibility for historic designation;
(5) Section 20 -11.3 p.9- Removal of a requirement that a sealed survey be part of a designation report.
In many cases surveys of older properties are not available and the current folio, address or legal
description of a property is sufficient;
(6) Section 20 -11.4 p. 10 — The maximum demolition delay period is proposed to be extended from up
to 6 months to "up to 18 months ". This proposal allows for a more appropriate time period to allow for
consideration of reuses or to interest another buyer who will preserve the subject building. This
provision varies widely among municipalities including a 6 -12 -18 month delay all the way to Coral
Gables and Miami Beach which can prohibit demolition indefinitely.
PLANNING BOARD RECOMMENDATION
The Planning Board at its meeting on January 25, 2011 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.
ADMINISTRATION RECOMMENDATION
It is recommended that the attached draft ordinance be adopted on second reading.
2
Backup Documentation:
Drafi ordinance
Planning Dept. Staff Report 1 -25 -11
Miami -Dade County Code of Ordinances — Chapter 16A Historic Preservation (pages 1 -15 including
highlighted portions beginning at Section 16A -10, page 6 of 15 relating to the subject)
Law Offices Shubin & Bass Professional Association, letters dated March 28, 2011, March 1, 2011, and
January 26, 2011
LCII XAComm Items \2011\2- 15- 1 1 \LDC Amend Zoning Historic Rcg. CM Report.doc
I ORDINANCE NO.
2
3 An Ordinance of the Mayor and City Commission of the City of South Miami,
4 Florida, amending the Land Development Code to place in one article all current
5 regulations pertaining to historic preservation by amending Section 20 -6.1 (D)(1)(a)
6 entitled "Historic Preservation Board Establishment and Membership" in order to
7 require that one member be a licensed attorney; and by creating new Article XI,
8 "Historic Preservation Regulations" including Section 20 -11.1 to be entitled "Historic
9 Preservation Standards"; Section 20 -11.2 to be entitled "Designation of Historic
10 Sites'; Section 20 -11.3 to be entitled "Historic Designation Reports'; Section 20 -11.4
11 to be entitled "Demolition of designated sites; demolition by neglect and certificates of
12 appropriateness'; Section 20 -11.5 to be entitled "Special Provisions Applicable to
13 Designated Historic Sites" and making revisions to update current wording and to
14 modify certain provisions related to the demolition delay period; and deleting from
15 the Land Development Code regulations pertaining to historic preservation including
16 Sections 20 -4.9, 20 -4.11, 20 -5.17, 20 -5.18, 20 -5.19; providing for severability;
17 providing for ordinances in conflict; and providing an effective date.
18
19 WHEREAS, the Land Development Code regulations which guide the
20 preservation activities of the City were adopted over a period of twenty years and are
21 contained in six sections in three different chapters, which makes it difficult for citizens,
22 architects, and contractors to locate and understand the regulations related to preservation
23 activities; and
24
25 WHEREAS, the Historic Preservation Board at its December 27, 2010 meeting
26 after reviewing all of the historic regulations contained in the Land Development Code
27 recommended that the regulations be updated and re- organized so that they can be located
28 in one section of the Code; and
29
30 WHEREAS, the Planning and Zoning Department prepared an amendment to the
31 Land Development Code which amends certain provisions of the Code which regulate
32 historic preservation and creates a new Land Development Code Article XI, "Historic
33 Preservation Regulations" which places all existing preservation activities in one location;
34 and
35
36 WHEREAS, the Planning Board at its January 25, 2011 meeting after public
37 hearing, adopted a motion by a vote of 7 ayes 0 nays recommending approval of the
38 proposed amendment with the suggestion that the regulations creating the Board
39 membership /duties should stay in Section 20 -6, and that the proposed change in new
40 Section 20- 11.l(A)(2)(a) from "and" to "or" should not be adopted; and
41
42 WHEREAS, the Administration is supportive of the proposed creation of a new
43 Land Development Code Article XI, "Historic Preservation Regulations" and the Planning
44 Board's recommendation that the regulations creating the Board membership /duties should
45 stay in Section 20 -6, and that the proposed change in new Section 20 -11.1 (A) (2)(a) from
46 "and" to "or" should not be adopted; and
47
48
49
50
2
1 WHEREAS, the City Commission desires to accept the recommendation of the
2 Planning Board and City Administration and enact the aforesaid amendments.
3
4 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
5 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
6
7 Section 1. That Section 20 -6.1 (D) entitled "Historic Preservation Board" is hereby
8 amended as follows:
9
10 20 -6.1 - Administrative entities.
11 * * * **
12 (D) Historic Preservation Board.
13
14 (1) Establishment and Membership.
15
16 (a) A Historic Preservation Board is hereby created which shall
17 consist of nine (9) members who reside or work in the City.
18 i. The City Commission shall appoint the members of the
19 board in accordance with the City Charter..
20 ii. All members shall be familiar with the purposes of
21 preserving and protecting districts, structures or sites
22 having historic or archeological worth.
23 iii. Board membership shall include two (2) registered
24 architects licensed to practice in the State of Florida. If it is
25 determined by the city commission that the positions of
26 architect cannot be filled by a qualified individual who
27 resides or works in the city, the residency requirement may
28 be waived by the commission and the position of architect
29 may be filled by a qualified individual who does not reside
30 or work in the city. Board membership shall include one
31 (1) licensed Florida attorney. If it is determined by the
32 city commission that the position of attorney cannot be
33 filled by a qualified individual who resides or works in
34 the city, the residency requirement may be waived by
35 the commission and the position of attorney may be
36 filled by a qualified individual who does not reside or
37 work in the city.
38 iv. Members shall serve for a term of two (2) years.
39
40 (b) Any member of the board shall be automatically removed for missing
41 three (3) regular meetings in a row or five (5) meetings in a twelve -month
42 period.
43
44 i. The Planning and Zoning Director shall keep a record of
45 meetings missed.
46
3
1 ii. The Planning and Zoning Director shall advise the City
2 Commission and the member being removed that such
3 member has been automatically removed.
4
5 (2) Organization.
6
7 (a) Meetings.
8
9 i. The board shall hold one (1) regular meeting each month
10 on the last Monday of each month, except in June.
11
12 ii. Meetings shall not be held if no designation reports, plans,
13 specifications or scheduled matters are to be submitted
14 and /or initiated by the board for review.
15
16 iii. Agendas of all meetings shall be posted at City Hall not
17 less than three (3) working days prior to any regularly
18 scheduled meetings, excluding workshops.
IC
Z0 (b) The board shall elect from its membership a chair and vice -chair
21 for a one year non - successive term, respectively.
22
23 i. The chair shall normally preside at all meetings of the
24 board.
►X,
26 ii. in the absence of the chair, the vice -chair shall preside.
27
28 (c) A temporary chair may be elected at any meeting when both the
29 chair and the vice -chair are absent or recused.
30
31 (3) Powers and Duties.
32
33 (a) The board shall have all such powers and duties granted by state
34 law, MiamiDade County Code and this Code.
35
36 (b) The board shall review and recommend approval, disapproval or
37 modification of all applications for final approval by the City
38 Commission of historic district and historic site designations, and
39 site plans and specifications, and Certificates of Appropriateness, as
40 required under this Code.
41
42 (c) The board shall maintain and update files from the Miami -Dade
43 County Historic Survey within the city for the purpose of
44 determining and promoting those districts and sites of special
45 historic or archeological value or interest.
46
M
1 (d) The board shall make recommendations to the City Commission
2 on the designation of historic districts and sites, and archeological
3 sites, pursuant to this Code.
4
5 (e) The board shall endeavor to improve and expand the ltro
6 Miami -Dade County Historic Survey with additional sites,
7 information, oral histories and any other material as may be
8 available, and periodically, to reevaluate the survey to determine
9 whether changing times and values warrant recognition of new or
10 different, historic and /or archeological districts and sites.
it
12 (0 The board shall, in reference to specific historic districts or sites,
13 or archaeological sites, recommend to the City Commission the use
14 of preservation incentives, including tax incentives and advantages.
15
16 (g) The board shall make recommendations to the City Commission
17 concerning application for and the utilization of grants from federal
18 and state agencies, or from private groups and individuals, and
19 utilization of city funds to promote the preservation of historically
20 significant districts and sites and archaeologically significant sites.
21
22 (h) The board shall recommend contact of public and private
23 organizations and individuals, engage in historic and archeological
24 preservation education, and undertake all reasonable and proper
25 means to promote preservation of historically and archaeologically
26 significant properties which are proposed for, or under threat of,
27 demolition, destruction or significant degradation.
28
29 (i) The board shall evaluate and comment upon decisions by request
30 of other public agencies affecting the physical development and
31 appearance of historically significant districts and sites and
32 archaeologically significant sites, or upon the request of the City
33 Commission.
35 0) The board shall recommend approval of historic and
36 archeological markers for properties within the city.
37
38 (lc) The board shall advise the city commission on matters related to
39 the use, administration and maintenance of city -owned historically
40 significant properties.
41
42 (1) The board shall promote and encourage communication and
43 exchange of ideas and information between the board and owners of
44 historically and archaeologically significant properties, potential
45 developers, public officials, financial institutions, and other
46 interested persons.
47
5
I (m) The board shall have the responsibility to advise the City
2 administration and City Commission on various matters, in
3 accordance with the terms of this Code.
4
5 (n) The board shall conduct any other function which may be
6 designated or assigned by act of the City Commission.
7
8 (4) Procedures.
9
10 (a) Quorum and voting.
11
12 i. A quorum shall be five (5) members.
13
14
ii. An affirmative vote of a majority of the members present
15
shall be required to pass upon any matter on which the board
16
is required to act under this Code.
17
18
iii. In instances when the board considers a designation
19
report, a quorum shall consist of five (5) members, at least
20
one (1) of whom shall be an architect.
21
22
(b) The board shall keep a permanent record of all proceedings
23
before it.
24
25
(c) Meetings of the board shall be public and notification of such
26
meetings shall be given in accordance with Code provisions. If any
27
scheduled meeting is not held, then all applications scheduled for
28
such meeting, except designation reports, shall be heard and decided
29
by the n, _ ? w Director of the Bui1 iaff '._._e Rd
30
' vA Planning and Zoning Department (or the
31
director's designee) no later than the end of the next business day
32
after the scheduled meeting was to have been held. The director's
33
decision, if for approval, shall constitute Historic Preservation
34
Board approval.
35
36
(d) All approved designation reports shall bear the official signature
37
of the chair presiding at the meeting at which such reports are
38
approved.
39
40
(e) Reserved
41
42
(f) Financial interest.
43
i. Any member of the board who has a special financial
44
interest, direct or indirect, in any matter before the board
45
shall make that interest known and shall abstain from
46
participation therein in any manner.
I
1
2 ii. Willful failure to disclose such financial interest shall
3 constitute malfeasance in office and shall render the action
4 voidable by the City Commission.
5
6
7 Section 2. That new Article XI, to be entitled "Historic Preservation Regulations"
8 Section 20 -11 is hereby created and shall read as follows:
9
10 ARTICLE XI. HISTORIC PRESERVATION REGULATIONS
11
12a Section 20 -11.1 Historic preservation standards.
13
14 (A) Historic and Archeological Sites.
15
16 (1) The Secretary of the Interior's Standards for Historic Preservation
17 Projects: with Guidelines for Applying the Standards, 1979, or as may be
18 updated, and the Metropolitan Miami -Dade County historic preservation
19 guidelines shall be used by the board for reviewing projects proposed for
20 designated historic properties and sites or for properties within historic
21 districts.
22
23 (2) In addition to the above referenced federal and county guidelines, the
24 following shall also be utilized as general standards by the board for
25 determining structures and sites having historic or archeological
26 significance:
27
28 (a) Districts, sites, structures and objects of national, state and local
29 importance are of historic significance if they possess integrity of
30 location, design, setting, materials, workmanship, feeling and
31 association, or
32
33 (b) Are associated with events that have made a significant
34 contribution to the broad patterns of our history; or
35
36 (c) Are associated with the lives of persons significant in our past; or
37
38 (d) Embody the distinctive characteristics of a type, period, style or
39 method of construction or work of a master; or that possess high
40 artistic value, or that represent a distinguishable entity whose
41 components may lack individual distinction; or
42
43 (e) Have yielded, or are likely to yield information in history or
44 prehistory; or
45
46 (f) Are listed in the National Historic Register.
47
7
1 (B) Demolition of Historic Structures.
2
3 In addition to all other provisions of this Code, the board shall consider the
4 following standards in evaluating applications for demolition of designated historic
5 structures.
6
7 (1) Is the structure of such interest or quality that it would reasonably meet
8 national, state or local criteria for designation as an historic or architectural
9 landmark?
10
11 (2) Is the structure of such design, craftsmanship or material that it could be
12 reproduced only with great difficulty and /or expense?
13
14 (3) Is the structure one of the last remaining examples of its kind in the area,
15 city, county or region?
16
17 (4) Does the structure contribute significantly to the historic character of a
18 designated district?
19
20 (5) Would retention of the structure promote the general welfare of the city
21 by providing an opportunity for study of local history, architecture and
22 design or by developing an understanding of the importance and value of a
23 particular culture and heritage?
24
25 (6) Are there definite plans for reuse of the property if the proposed
26 demolition is carried out, and what will be the effect of those plans on the
27 character of the surrounding area?
28
29
30 &,, ` .' Section 20 -11.2 Designation of historic sites.
31
32 (A) Report Required
33 Prior to the designation of an individual historic or archeological site, an
34 investigation and formal designation report must be filed with the Historic
35 Preservation Board.
36
37 (B) Historic Preservation Board Recommendation.
38 The Historic Preservation Board shall make recommendations to the City
39 Commission concerning all properties proposed as historic sites, districts or
40 archeological zones.
41
42 (C) Proposals and Preliminary Evaluation and Recommendation.
43 (1) Application for designation of individual properties and districts may be
44 made to the Planning and Zoning Department by any member of the
45 Historic Preservation Board, the Environmental Review and Preservation
I Board, the City Commission, the City administration or the property
2 owner(s) of the subject property for designation.
3
4 (2) The Historic Preservation Board shall conduct a preliminary evaluation
5 of available data for conformance with the criteria set forth herein and may
6 direct the preparation of a formal designation report by one of the members
7 of the board. The Historic Preservation Board may then meet as a body and
g develop recommendations to transmit to the City Commission regarding
9 designations.
10
11 (D) Historic Preservation Board Findings.
12 (1) If the board finds that the proposed designation meets the intent and
13 criteria set forth in this Code, it shall transmit such recommendation to the
14 Planning Board and City Commission with the designation report and any
15 additions or modifications deemed appropriate.
16
17 (2) If the board finds that the proposed designation does not meet the intent
18 and criteria in this Code, no further action shall be required, except that the
19 board's action may be appealed in accordance with the provisions of this
20 Code.
21
22 (1;) Planning Board Review.
23 (1) Following a favorable recommendation by the Historic Preservation
24 Board, a proposed designation shall be implemented by the adoption of an
25 "HP -OW Historic Preservation Overlay zone for the property set forth in
26 the historic designation report.
27
28 (2) The Planning Board shall determine if the designation is compatible
29 with the goals and policies of the Comprehensive Plan, and if the proposed
30 historic site and/or district regulations would change any existing zoning
31 district regulations such as, for example, permitted use, height, floor area
32 ratio, yard setbacks or off - street parking. The review shall be pursuant to
33 the provisions set forth in Section 20 -5.5, Applications requiring public
34 hearings. The recommendation of the Planning Board on the proposed
35 designation shall be transmitted to the City Commission.
36
37 (F) City Commission Public Hearing.
38 (1) Public Hearing Requirement. The City Commission shall hold a public
39 hearing, pursuant to the provisions set forth in Section 20- 5.5(G) and notice
40 requirements of subsection (2) and as required by the provisions of the City
41 Charter, on each proposed designation within sixty (60) calendar days of the
42 recommendation by the Historic Preservation Board and /or the filing of the
43 completed designation report.
44
45 (2) Notice Requirement. At least ten (10) calendar days prior to the public
46 hearing for each proposed designation of an individual site, district or zone,
47 the Planning and Zoning Director shall send a copy by certified mail,
48 return receipt requested of the designation report to the owner at the address
9
1 listed on the most recent tax rolls as notification of the intent of the City
2 Commission to consider designation of the property.
3
4 (3) Objections. Upon notification, any owner of a property proposed for
5 individual designation who wishes to object shall,within ten (10) calendar
6 days of receipt of the notification, submit to the City Clerk's Office a
7 notarized statement certifying the objection to the designation.
8
9 -- Section 20 -113 — Historic designation reports.
10
11 (A) Report Format and Contents.
12 Report format designating historic or archeological sites may vary according to the
13 type of designation. All reports shall address the following:
14
15 (1) Historical, cultural, architectural and archeological significance of the
16 property or properties being recommended for designation;
17
18 (2) Projected, proposed or existing public improvements and developmental
19 or renewal plans;
20
21 (3) Boundary recommendations for historic districts and archeological
22 zones and identification of boundaries of individual sites being designated;
23 god
24
25 signed b
26 gar"Y"N
MA
28 (B) Nonconforming Properties,
29 Where a report is filed recommending designation of a district, the report must
30 identify those properties, if any, within the district which are not historically or
31 architecturally compatible with structures in the district, and such report shall
32 provide standards for regulating such nonconforming properties.
33
34 seefiop,40 54 Section 20 -11 4 — Demolition of designated sites; demolition by
35 neglect and certificates of appropriateness.
36
37 (A) Order Required.
38 Demolition of a designated building, structure, improvement, or site may only
39 occur pursuant to an order of a governmental agency or a court of competent
40 jurisdiction or pursuant to an approved application by the owner. Demolition by
41 neglect or significant degradation of a designated building, structure, improvement,
42 or site is hereby declared to be a violation of this Code, and is subject to the
43 penalties and provisions set forth under Section 20 -6 .
44
45
46
10
1
2
3 (B) Notice Required.
4 (1) Governmental agencies having the authority to demolish unsafe
5 structures shall receive notice of designation of individual sites, districts, or
6 archeological zones pursuant to this Code from the Historic Preservation
7 Board.
8
9 (2) The Historic Preservation Board shall be deemed an interested party and
10 shall be entitled to receive notice of any public hearings conducted by said
11 governmental agency and the owner relative to the feasibility of, and the
12 public interest in, preserving the designated property, or significant relies
13 and artifacts.
14
15 (C) Demolition Approval.
16 (1) No permit for voluntary demolition of a designated building, structure,
17 improvement or site shall be issued to the owner thereof until an application
18 for approval and the reasons therefore have been submitted to and approved
19 by the Planning and Zoning Department, pursuant to the
20 procedures in this Code.
21
22 (2) The Historic Preservation Board may petition the City Commission to
23 grant demolition approval with a delayed effective date of up to
24 eiehteen(18) � months.
25
26 (3) Grant of a demolition approval shall be evidenced by written order of
27 the Planning and Zoning Department detailing the public interest
28 which is sought to be preserved.
29
30 (4) Such written order may be appealed to the City Commission, pursuant to
31 provisions of this Code.
32
33 (D) Structure Preservation.
34 (1) During the demolition delay period, the board may take such action as it
35 deems necessary to preserve the structure concerned, in accordance with the
36 purposes of this Code.
37
38 (2) Such steps may include, but shall not be limited to:
39 (a) Consultation with civic groups, agencies and interested citizens;
40 (b) Recommendations for acquiring property by public or private
41 bodies or agencies; and
42 (e) Exploration of the possibility of moving one (1) or more
43 structures or other features.
44
45
46
2 (E) Certificate of Appropriateness.
3 (1) Certificate Required as Prerequisite to Alteration, Etc. Pursuant to a
4 recommendation by the Planning and Zoning Director of the need for an
5 appropriateness review, no building, structure, improvement, landscape
6 feature, or archeological site within the City of South Miami which is
7 designated pursuant to this Code shall be erected, altered, restored,
8 renovated, excavated, moved, or demolished until an application for a
9 "Certificate of Appropriateness" regarding any architectural features,,
10 landscape features, or site improvements has been submitted to and
11 approved by the Historic Preservation Board or by the City Commission
12 upon appeal.
13
14 Architectural features shall include, but not be limited to, the architectural
15 style, scale, massing, siting, general design, and general arrangement of the
16 exterior of the building or structure, including the type, style and color of
17 roofs, windows, doors and appurtenances. Landscape features and site
18 improvements shall include, but are not limited to, site regarding,
19 subsurface alterations, fill deposition, paving, landscaping, walls, fences,
20 courtyards, signs and exterior lighting.
21
22 No certificate of appropriateness shall be approved unless the architectural
23 plans for said construction, alteration, excavation, restoration, renovation, or
24 relocation are approved by the Historic Preservation Board or by the City
25 Commission upon appeal. A certificate of appropriateness requesting a
26 demolition permit for a designated historic structure must receive approval
27 of the City Commission regardless of whether or not an appeal has been
28 filed.
30 (2) Standards for Issuance. The Historic Preservation Board shall adopt and
31 may, from time to time,, amend the standards by which applications for any
32 certificate of appropriateness may be evaluated. In adopting these
33 guidelines, it shall be the intent of the board to promote maintenance,
34 restoration, adaptive reuses appropriate to the property, and compatible
35 contemporary designs that are harmonious with the exterior architectural
36 and landscape features of neighboring buildings, sites, and streetscapes.
37 These guidelines may also serve as criteria for the Planning and Zoning
38 Director to make decisions regarding the need for an application for a
39 certificate.
40
41 (3) Procedures.
42 (a) An applicant for a certificate of appropriateness shall submit an
43 application to the Planning and Zoning Department and accompany
44 such application with full plans and specifications, site plan, and
45 samples of materials as deemed appropriate to fully describe the
46 proposed appearance, color, texture, or materials, and architectural
47 design of the building and any outbuilding, wall, courtyard, fence,
48 landscape feature, paving, signage, and exterior lighting.
49
12
1 The applicant shall provide adequate information to enable
2 visualization of the effect of the proposed action on the applicant's
3 building and its adjacent buildings and streetscapes.
4
5 If such application involves a designated archeological site, the
6 applicant shall provide full plans and specifications of work that
7 may affect the surface and subsurface of the archeological site.
9 (b) The Historic Preservation Board shall review upon an
10 application for a certificate of appropriateness affecting designated
11 properties at a public meeting. The Board may approve, deny, or
12 approve an application with conditions.
13
14 (4) Appeals from Board decision
15 (a) An applicant or any interested parry may appeal to the City
16 Commission within 15 calendar days from the date that, a
17 certificate of appropriateness decision has been made by the Historic
18 Preservation Board. The appeal shall be submitted to the City Clerk
19 on a form provided by the City Clerk.
20
21 (b) The City Commission may approve, deny, or approve in
22 modified form an application on appeal, subject to the acceptance of
23 the modification by the applicant, or suspend action on the
24 application for a period not to exceed thirty (30) days in order to
25 seek technical advice from outside its members or to meet further
26 with the applicant to revise or modify the application. Notice of the
27 public hearing by the City Commission shall be given to the
28 applicant, property owner(s) and appellant by sending it to them by
29 certified mail at least ten (10) days prior to the public hearing and to
30 other interested parties by advertisement in a newspaper of general
31 circulation at least ten (10) days prior to the public hearing.
32
33 (c) The decision of the City Commission on the appeal shall be
34 issued in writing. Evidence of approval of the appeal and the
35 application shall be by certificate of appropriateness issued in the
36 form of a resolution of the City Commission.
37
38 (d) If the appeal is denied, or modification is recommended, the City
39 Commission shall, to the extent possible, make specific findings as
40 to the reasons for denial and modification, and recommend
41 appropriate changes, if possible.
42
43 (5) Compliance of Work with Certificate Standards.
44 All work performed pursuant to the issuance of any certificate of
45 appropriateness shall conform to the requirements of the certificate. The
46 City Manager shall designate an official to perform necessary inspections in
47 connection with enforcement of this chapter, who shall be empowered to
13
1 issue a stop work order if performance is not in accordance with the issued
2 certificate.
3
4 No work shall proceed as long as a stop work order continues in effect.
5 Copies of inspection reports shall be furnished to the City Manager and
6 copies of any stop work orders shall be furnished to both the Historic
7 Preservation Board and the applicant. The designated official shall ensure
8 that work not in accordance with a certificate of appropriateness shall be
9 corrected to comply with the certificate of appropriateness prior to
10 withdrawing the stop work order.
11
12 (6) Emergency, Temporary Measures.
13 For the purpose of remedying emergency conditions determined to be
14 dangerous to life, health, or property, nothing contained herein shall prevent
15 the malting of any temporary construction, reconstruction, or other repairs
16 to a building or site, pursuant to an order of a government agency or a court
17 of competent jurisdiction.
18
19 The owner of a building damaged by fire or natural calamity shall be
20 permitted to stabilize the building immediately without approval and to
21 rehabilitate it later under the normal review procedures of this chapter.
22
23 4.41 Section 20-11.5 Special provisions applicable to designated
24 historic sites.
IT,
26 (A) Non - Conforming Signs.
27 Notwithstanding the provisions of Section 20 -4.3 (1C), all existing non - conforming
28 signs located on a designated historic site may be repaired, altered, modified, copy
29 changed, expanded, replaced, or replicated provided that the Historic Preservation
30 Board approves and issues a certificate of appropriateness.
31
32 (B) Off Street Parking Requirements.
33 Notwithstanding the provisions of Section 20 -4.4, designated historic sites are
34 exempt from all parking requirements.
35
36 (C) Damage to a Nonconforming Structure.
37 Notwithstanding the provisions of Subsection 20- 4.8(G) if a nonconforming
38 designated historic structure is damaged by more than fifty (50) percent of its
39 replacement value such structure may be repaired or reconstructed to the same
40 footprint, height, and density; providing that the architectural style, design and
41 historic context is consistent with the original designation as evidenced by the
42 issuance of a certificate of appropriateness by the Historic Preservation Board.
W
44 (D) Variances for designated historic sites.
45 n Notwithstanding the provisions of Section 20 -5.5 and Section 20- 6.1(3)(h), the
46 authority for hearing and recommending upon a variance request submitted for a
47 designated historic site or for a contributing building within a designated historic
14
I district, shall be vested in the Historic Preservation Board subject to the following
2 conditions and restrictions:
3
4 (1) The Planning and Zoning Department shall review all plans for
5 alterations, additions, restoration or renovation of designated historic site
6 prior to the applicant's submission for a Certificate of Appropriateness and
7 shall determine if there is a required variance in connection with the
8 proposed construction.
9
10 (2) The variance in conjunction with an application for a Certificate of
11 Appropriateness, if approved, shall result in significant historic renovation
12 or preservation.
13
14 (3) The Planning and Zoning Department and the Historic Preservation
15 Board shall follow the same procedural steps for the application, review and
16 recommending upon a variance as specified herein for the Planning Board
17 under Section 20 -5.5. There shall be no fees charged for the variance
18 application.
19
20 (4) Recommendations by the Historic Preservation Board on a requested
21 variance in conjunction with an application for a Certificate of
22 Appropriateness shall not require a finding of hardship or extraordinary
23 conditions.
25 (5) The granting of a Certificate of Appropriateness with a variance shall be
26 subject to approval by the City Commission, upon recommendation from
27 the Historic Preservation Board.
28
29
30 Section 3, That existing the Land Development Code regulations pertaining to historic
31 preservation including Section 20 -4.9 entitled "Historic Preservation Standards ", Section
32 20 -4.11 entitled "Special Provisions Applicable to Designated Historic Sites "; Section 20-
33 5.17 entitled "Designation of Historic Sites'; Section 20 -5.18 entitled "Historic
34 Designation Reports ", and Section 20 -5.19 entitled "Demolition of Designated Sites;
35 Demolition by Neglect and Certificates of Appropriateness" are hereby included in new
36 Article 11. and tlier-pfere are-deleted and removed ffam the hand Development Gede7
37
38 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
39 ordinance are hereby repealed.
40
41 Section 5. If any section, clause, sentence, or phrase of this ordinance is for any reason
42 held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
43 affect the validity of the remaining portions of this ordinance.
44
45 Section 6. This ordinance shall be effective immediately after the adoption hereof.
46
47 PASSED AND ADOPTED this day of 2011.
48
49
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
ATTEST:
CITY CLERK
1St Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
/s /Thomas F. Pepe _
CITY ATTORNEY
15
APPROVED:
73WITIon
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
X: \Comm Items\201 1\2-15-1 1\LDC Amend Zoning Historic Reg. Ord.doc
South Miami
Al- Amer±caeiiU
I j
2007
To: Honorable Chair and Date: January 25, 2011
Punning Board Members
Prom: 'Thomas J. •Vageline, Director Re: LDC Amendment Historic
Planning anal Zoning Department Regulations Amendment
PB -11 -005
Applicant City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
the Land Development Code to place in one article all current regulations pertaining to historic
preservation by creating. new Article X1, "Historic Preservation Regulations" including Section
20 -11.1 to be entitled "Historic Preservation Board created /duties "; Section 20 -11.2 to be entitled
"Historic Preservation Standards "; Section 20 -11.3 to be entitled "Designation of Historic Sites ";
Section 20 -11.4 to be entitled "Historic Designation Reports "; Section 20 -11.5 to be entitled
"Demolition of designated sites; demolition by neglect and certificates of appropriateness "; Section
20 -11.6 to be entitled "Special Provisions Applicable to Designated Historic Sites" and malting
revisions to update current wording and to modify certain provisions related to Board membership
and the demolition delay period; and deleting from the Land Development Code all current
regulations pertaining to historic preservation including Sections 204.9, 20 -4.11, 20 -5.17, 20 -5.18.
20-5.19,20-6.1(D); providing for severability; providing for ordinances in conflict; and providing
an effective date.
BACK!GROiJND
The Historic Preservation Board has been very active in recent years. Since 2004 a total of 41 residential
and commercial buildings including one historic district have been designated. The Board also reviews
annually 10 -12 proposed exterior renovation, rehabilitation, or sidgnage projects which are proposed for
designated sites. A Certificate of Appropriateness is required prior to an applicant obtaining a building
permit.
The Historic Preservation Board at its December 27, 2010 meeting reviewed all of the regulations
contained in the Land Development Code which guide the preservation activities of the Citye The current
regulations were adopted over a period of twenty years and are contained in six sections in three different
chapters. The Board felt that regulations should be updated and re- organized so that they can be located in
one section of the Code. In addition the Board felt strongly that certain provisions should be revised. The
Board at its meeting adopted a motion by a vote of 8 ayes 0 nays recommending that the amendments
contained in the attached Exhibit "A" be approved.
PROPOSED L1DC AMENDMENT
The attached Exhibit "A" contains all of the historic preservation regulations currently in the Land
Development Code. All new wording is shown in bold /underlined; wording to be removed is shown in
a ).The following is a summary of the updates and revisions being proposed:
(1) A new Article X1 is proposed to be created. All existing sections would be renumbered to 20 -11.1, etc.
and relocated to Article Xi;
(2) Technical updates are shown on several pages, these include correcting the Departmental name to the
"Plamung and Zoning Department" and correcting Metro Dade County to "Miami -Dade County";
(3) Section 204.9 p.3- A minor rewording to allow more flexibility in determining eligibility for historic
designation;
(4) Section 20 -5.18 p. 8- Removal of a requirement that a sealed survey be part of a designation report. In
many cases surveys of older properties are not available and the current folio, address or legal
description of a property is sufficient;
(S) Section 20 -5.19 p. 9 — The maximum demolition delay period is proposed to be extended from up to 6
months to "up to 18 months ". This proposal allows for a more appropriate time period to allow for
consideration of reuses or to interest another buyer who will preserve the subject building. This
provision varies widely among municipalities including a 6 -12 -18 month delay all the way to Coral
Gables and Miami 'Beach which can prohibit demolition indefinitely;
(6) Section 20 -6.1, p. 19 -20 — It is proposed that one of the nine members of the Board be Florida
attorney.
REC®MMENIDAT1iDN
It is recommended that the amendments as described above and as set forth in Exhibit "A" be
approved.
Backup Documentation:
Exhibit "A"
Public Notices
TJV /SAY
X\PB\PB Agendas StaffReports\2011 Agendas Staff Reports \1- 25- 11\PB- 11.005 LDC Amend Historic Reg -doc
q
k�
§!!
§t!
&b
a�
))
s
\\
.\
!!
}§
\§
\
\
){
\2
\1
\
!\
!mow
!
$�
\
\
\
�\ \
2Pi6C 1 SUNDAY, FEBRUARY 20, 2011 SE _ MiamiHerald.cam 3 PiE MIAMI FlE6YAt,%
61.15,,000
asOAgu,waAvanuv Compbt ,xhWff2lAh'
lu,dew6 fro„amsl<,o4itaulenvnrhvd ' na oppib„ce+.zmr
9=e9zwAj& sum mm6'1nrdrhme S50006
scene
Cecilia Samaja
Estate Agent
MOBILE I ibtszf3.0443
EMAIL I csamojaeonesofhe6ysmaltymm
k
C5 i-Y OF SOUTH MIAWH
COURTESY HOT=
NOTICE IS HERESY given that the City Comatose, of the Oily 0 South Miami, Florida will conduct
Public Hearings at Its regular Oily Commission meeting schrdufed for Toeode)(.:6q r ! 1 2011.
beginning at T:30 p.m. , in the City Comnitealon Chembrm, 6120 Sunaol Cfivr, to considar Uw
foilolvIng Rams¢
An Cminancb amending 51r Land Development Cade in order to set forth float an Planning
and Zoning Director is life responsible My Administrator to make (fast imerpmtallons
of regulations contained in the Land Development Code and eslabibirung an appeal
' procadure. by amstages Section 20 -t.3 entitled "InterpratalloM,
(—An Ordinance amending the Land Development Code to place in one edlole ai nnmm
regulations pertaining to historic Panamanian by.emendatg Section 20.8.1 (DI(l)(a) entitled
,li atone Presarvatlop Board lisabliabourat and Mombstship" In order fo require that one
member be a Iiceneed attarney; and by smaling new M010 XL `tiislala Presorvaths
Reguations" Including 8ociiop 20 -t 1.1 to br enflUeE "Hlslolia Preservation Standards";
.section 20412 to be entllled "Deeignallon of Historic Sites"; SWu m 20•1 t3 to be entitled
"Histadc D¢slgnadon Reports") Section 20.11;,4 to be entitled'Oemorilion of designated
n11— d ayinloa by naataet and wfiif ectes of nnmoalaleness': Section 20 -11.5 to be
to Update sonart warding and to modify aedam provisions related to 1110 domol'dTOn delay
palled; and deleting from Ilse Land Development Corte regulations Pertaining to hisbdc t
(presortallon including Secfione20• -0:8. 20.4.11.20.5,47,20 -SAB. 20 -5,1@. ,`.t
An Ordination amending file Land Development Code Section 2049(9)(1) antrUed
"8,0al uxcepilons° In ardor to reduce the fine Rout to, commencing and completing
a development project which has been granted a special axcopgon m a Trnndi 04ented
'Oevriopmaht District( TODD). '
An Ordinance ablivabi g the City Manager to furnace up to six 0) new police vehicles
for an amount not td exceed $165,000 end accepting rho Interest rate of 2.44% through
Suaf uat Bank, charging Debt Service- Pdnclpal Account No. 001.1910,621.7110 and
Debt 5arviw•intereal Account NO.00L19f0.521.T2t0.
A Resolution authorizing the Ons, Manager to execute an agreement whb lira company
Ocaquatico, tae., also known as Oaaqusllca,SVlm School 11, the top ranked m,pondanl
for The Murray pork Community Pool Operator Request for Proposals (RFP) No. SM -FN
201045, Ib provide consulting services as part of The City's Murray Park Community
Pact DOSign/SUi1E Team and to provide operations management thereafter I110 facility's
combustion, Inclusive of all wsta and requiting no annual fan from the City, for the
comsat§ initial three tS yourtermand Its avo (2) one (t) yearopflone; to renew for a toter
lermMike (S) years.
A Resolution of ilia Mayor and Citq.Commission of the City of South Miami, planes,
outhonong the Clly Manager to an agreement with the correction lam providing debt
coiteprron services (are percentage of Ilia principal amount owed to the Oily and collecting
said foe as a percenago of the outstanding prtnolpol. this agreement snail be for fire
duration of an Initial than (a) year period with two Rl ono (t) year optionto enow periods
for a possible total loan of live (5) years, end providing an sffeolivo,dote.
A Resolution of the Mayor and City Commission of file city of South Miami, Florida
oulhonding Ine City Manager to enter into a contract with LaRue Planning and Management
Services, ire, for the parpnees of providing consultant segPoes to the Planning and Zoning
Department to assist to the preparation of the 2012 Comprehensive Plan Eveivallon and
Appraiser Rer ort.(EASI in ilw amount of 530,000 total for PY 20108011 and FY 2011-
2012; the selection of the firm is a result of a wmpelillvofy called Request for Proposal
process funding for the contract shall come from the Planning and Zoning Department
Account No. 601- 1620. 0244450 (Contractual SeNICOS); and providing an effective date.
For Iudher lnfouncumn, please content the City Crudes Office at (COS) 653 -6340.
ALL intemstad partly, arc Invited to attend and velli be heard.
Malta M. Menondez, CMG
City Clork '
Pursuant to Florida Statutes 236,0105, the City horoby advises the public that 4 a person decides
la appeal any dealalon made by this Board, Agency or Commission vdlh respect to any matter
considered at Its morning or,hoatirg, he or she will need a record of the proceedings, and that for
such purpose, affected ran o r may need to ensure that a verha ve record of the proceedings is
made, V Uoh rcord IncNdee the testimony and evidence upon wolob the appeal is 10 be bound,
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADS:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /Wa 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 • MARCH 15, 2011
In the XXXX Court,
was published in said newspaper in the issues of
03/04/2011
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 paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advert5p1thent for publication in the said
newspaper.
Swore to and subscribed before me this
04 day of MARCH % , A.. CL 2
(SEAL)
V. PEREZ personally known to mlee
PVtV {,�
O state �
3r Charyl H,Marrael
t toy Commisaim 6D793490
Elora$ 071991201._ -- - - -- 2 ^^
NOTICE ISNERESY given Iha4the City Commission of the City of South
Mramt FIet)da6rNl camtuctPublic Hearings atits regular City Commission
meetinj "s"o'HeduledtarTc*asday. rtarct �s,,,,Zb.9,1 beginningatTS0p.hl
in the Clty Commission Chambers,, 6.130,8unset Drive, to consider the
totlbw3rrgNem(s)':
An Ord rianceof thq Mayorantl City pmmission of the City of South
Miam {; Fiorrda amending the Land 1re—Mipmentespo siwdertosat
ibdtCfilaithe Ptanningand Zogmg(?irCOtbristheresponsi6laCiryAd-
minfslydtar to brake tti I161eryreta}lone of regulations contained In
the Land Developinent''Code and establishing an appeal procedure,
by a pe trkng Salim 20 i D anti ire ! "Interpretation' providing for
severabd4y pravxi ng fw a d nanoes in aar flint and providing an st-
fadvedaia v,, ... .
��++tttt, �Xdutar�agaitkieMayor�rdCttyCommisstaroltheCityof South
tilams�anda amending the tand Deveiopment`Cotle tb plaoein
11. 'Iona rtaiNngio III
stor3cpresarvaUOnby
a xkng Seakon Zgs (DJ(ta) 'Hi
me entitled sto c Preservation
,9oard Estabi(sthnem a Memoersfiip° iri order to )equlle atone
memb r.;6a a ticanset( atto+�ley add.hy braating new Aff e X!,
HlgtbnGt'Yasaryatrpn;AaguTatWna 'irtgiitgin9'Sactson 20.11.1 to be
adrif(ed "'Hlsionc PrnsaivattortSfandartls : Secf106,20•1 i.2 to be enti-
tlad. "D,$srgnahan of H,istona Styes ,yS,'ocltnn 26d adi t.8 fo'ba enlHted
'� "H+slanC DaSlgnatiblt Flepo{ISw Seetron 20 11e to be ca a fi "Ca caled
Demtiulionotdosigitatadsdes demolition by negl andrtites
al pmptlatetiess; SeaHan 20'(145 to be entitled "Special PrOut --
S1a{{sAjiphea6(atgDasrggate` ; torotes'.and "making revisions
io update Curtest ywi5.iiny�a6d fo IV, y certain provisions, related to
thad$ t) lniltloAdelaypenod ,anddelelirogfromt17eVoni including reg)r)aftans perfatmng So fkstoric pr$servafibn including see-
0 -5, fly20 6 �yt 2D 5711;20 s j9E; providingforsever
abtltty ixotrfdiitg £oYOrdinnndes.}paonfYq andprovxlint¢aneffe ve
.
r AResbVf1 604 thejdaga f and City Commiss,on of the City O
f Mlarnir;P34nda ayih- anzaag tho CNy 1Aanagar to axecute an agroe•;'
imeriE jv"iHi7tla'comi?abYOCaquaIt Inc., alsQ.: oW??;as OCagetatiw:
Salim Sbhe6pt iha top rankatl responitenE forihe Marray Park Gpm
"P661, rdmbrnegd&sifpirpir wets (RFPj,Na,SM FN 2D10 -^
1B 1o;{ rowde cnps619 0 sarilf6 l as pad of iha City's Murray Padtf
CanYmGht4t?cNiiDasigrdBd +id7eemand toprovtdeoperaUOnsoan f
agamai Hlereaffof iha tekill, `, . construction, inclusive of all Costs;
and,hVpjlinng. nn driniYa(ieeqq tram the City, for the camcadls imtiaif,
t Ihtaot3)yeaftamta ilsrvd o(2 )ona,(1)YearOptions10renewfors'
iopit�tmof" 6va45) yeais,prawdingapaifectivedafe.
APasojuhana{ ihe'Mayor and Coy Coomission M ttia City of South:
tdiarpt, l3oAtla dutholi ing fha Ctty Manager to at Into a omfle t"^s.
for the purposes 69 providing eonsut,?
4 `rta e{yf
lathe d Zoning Depagfnert to assist m the`
pr$ adal )th- 0,12COmptehah$rr9 Pi in Evatuat On
n and App ai
sy, zOAR'j' in )_ha amobnt of ;$30 Dr16 fatal tiir FY 2014 201 tg
and it '2D12, the sv4ection of the hrm is a resbit of a coi
u tfyely, gal- Regpasf for Proposal prgcess turaffng fo; the caaaract;
t coo #tort?iha Fiannmg and Zonng Depanr'rtartt Account No,
f'- ,1.b7A•6Z�i 345D (Qontradtual Servkes) and providing an eHec-,;
,A Resaiut(on of the Mayor and Lilly Commission otthe City of SotnTt,
t Miami;; ratahngfoerequeslpursuailltri Section 20 .4:4(J)of the Lend:
DevetogmeM Cods far Speaat ilea Approval to locate an Interim"
Parking tok at 0Old i6D 5W 62 Avenue within the "TODD (MU -S) ';
Trditsit ,Ont:rlted;Devefopmeht:0ist ict (Mixed Use 5) Zoning Dfstnbt;
7a0dprgvrdingaP,etfeCttve Data,
ALL mtaresfed pgriles afoj nvN$d to affend and v+ilt be. heard,
t~or;fudher mfort+mahon. please contact the City Clark s
office ail'.
�.. ...:: ..'. Maria -M. Menendez.CMC
.:..:City Clerk
PursuantioFtonda Statiiies256.0106,.the City hereby advises the pubkr,
that H. a person deisde5 tai appeal any decision made by this Board,;
. __..�..,..i+,......:l�e,,.n u,ak m..enaM +n anv matter considered at its beer-
iedt pS ghtheappelafmlooeoasea.. 11.3- t26/1660606M.
1i
Lis
r
U.
z
0
m- mo mN aE v
m e o g L O m
'9 c ED i ° v`a U
.°c 'm E O° 3 a E e
. d m C G C tdi Nrn � N
z Q yryF/ed � (`l 'w ac, Q fL 'Ly r N , WW Z$W$ ydj o (5 Q 7 Q YpF� 0 2
LY
3.0 �y b O Z� 6 7 V c O
�....o c n
°O E°a° n -vN m m v N m H Q U
o
® ZZOW
Z € °Ein OWnw
y 6.. �y f�+
it 4 U v° ZfQ.I¢ a -« Om�
illy r h d ?„�' J m m p m .m+
/iiy�/ ❑ v° 00 -0 am .. chi 3 ro$-
m w
ryry+� p'U N7"4W mCf .m. 6.yy �i °d
4i p QzWz �' J ° v $ a
L V uj a. `saa <ZW awE a°=O- m
r o w rE a
V z z oo arc- -o o.5c S c E nm i
U W �0Oq cOS3m °c
.pr/.��
W Vw SUM W ["
Om00 Ern Eaw o�v
f3 W Z [L 'G'9 o°ynx ¢na mood
V_ 6^ 0 ,o .o lomz cm'c°
u m
'r LL wcrv° paQ� Em sip-` °"°
® �yw y 2mma m wm °n= a�E E
ii. L W sm pXOD vnn EB
S.E ^' J m'c o ° E x
® to R0.2 Q!p-6Z not p°Umm ov°Ea�
U ��y tto� o —^ gaLa
uY
YMK
'o
� �
C
oR.
x
C
i
N
^C
aC
r
enrac
�C W
�0
�Z
0
ri) IW-
L
00
�U
U
w O1cw
c °mo
E rg� L
m�-� 6rn_g E�z °tic ° ="
m. -'NSin o... o. ° m „nm, �O
gcc 3..... cmdN3E�
m °i°'cA
- x H �$���
oy �Eao - dQN�a oro Eio� =a
�.l cL 0
Ci @ m N C C] 1 S m v .� 6 6 g O
� �E:o 9 �m 8`Fa 0.^.a yS¢NOC.yv.
°U �Q O� ac °�`Lm- oyE E� ommdnm'a3
Ea �i` nosh °n`m mo6 ° d mmn�
o-Orom amp
_
EE °�° pro�q"mu�AOa° �ooi2ym
nma
ci me vt° _`mi @w 'b'oo. °rya, -Om3c v Leg$..
Z"G -'mac m
O rn
p« my�c =mmbm�R mTn of a, ��O$�m�
m� aa -mp ecacoa�s.o cv �myat'`��3 °w�
_ ona�0 i0 N L`vi V4
S� G
nca�
a
i
m
c
O
a
b
0
0
U
oy�
Sm
OM1�
h�
cmo
O d
`o
NEo
N�
°mOa
E m.c m
rood
0 0.
o Q S m
° ¢ Q b
O
mgi m
cip
� b m
4UKN
9
a
3
m
m
a
i
a
C
4
5
ai
c m
�U
g
2
E
Chapter 16A - HISTORIC PRESERVATION
Page I of 15
Miami - Dade County Florida. Code of Ordinances >> PAR'S III - CODE OF ORD9NANCES >>
Chaster 16A - HISTORIC _PRESERVATION >>
Chapter 16A - HISTORIC PRESERVATION
rl 991
Sec. 16A -1. -Short title.
Sec 16A -2 - Declaration of lea slative intent
Sec 16A -3 - Scope of regulations
Sec. 16A-3,1. Municipal Historic Preservation
Sec. 16A-3.2. - Authority of the Director to Aopear as a Party
Sec 16A -4 - Definitions.
Sec. 16A-5. Historic Preservation Board -- Created and established
Sec 16A -6.- Same -- Members.
Sec 16A -7 - Same—Organization.
Sec 16A -8 - Same Rules and regulations.
Sec 16A -9 - Same— Powers and duties,
Sec 16A-1 0 Des'9nation process and procedure
Sec 16A -11 - Application for certificate of appropriateness.
Sec 16A -12 - Economic Hardship,
Sec, 16A 13. Maintenance of desi nated ro erties
Sec 16A -13 1 - Demolition By Neglect Prohibited
Sec 16A -14 - Certificates to dig.
Sec 16A -15 - Appeals.
Sec. 16A -16. - Penalties.
Sec 16A -17 - Incentives
Sec 16A -18 - Tax exemptions for renovations for historic properties.
Sec 16A 19 ClassifcaTOn and assessment of hstoric property used for commercial or certa n nonprofit purposes
Sec 16A -20 - Settlement Authority.
Sec. 16A -1. - Short title.
This chapter shall be known and may be cited as the "Metropolitan Miami -Dade County Historic
Preservation Ordinance."
(Ord. No. 81 -13, § 1, 2.17 -81)
Sec.. 16A -2. - Declaration of legislative intent.
It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of
properties of historical, cultural, archeological, paleontological, aesthetic and architectural merit are in the
interests of the health, prosperity and welfare of the people of Miami -Dade County. Therefore, this chapter is
intended to:
(1) Effect and accomplish the protection, enhancement and perpetuation of buildings, structures,
improvements, landscape features, paleontological and archeological resources of sites and
districts which represent distinctive elements of the County's cultural, social, economic,
political, scientific, religious, prehistoric and architectural history;
(2) Safeguard the County's historical, cultural, archeological, paleontological and architectural
heritage, as embodied and reflected in such individual sites, districts and archeological zones;
(3) Foster civic pride in the accomplishments of the past;
(4) Protect and enhance the County's attraction to visitors and the support and stimulus to the
economy thereby provided; and
(5) Promote the use of individual sites and districts for the education, pleasure and welfare of the
people of Miami -Dade County.
(Ord. No. 81 -13, § 2, 2.17.81; Ord. No. 03-38, § 1, 3.11.03)
Sec. 16A -3. - Scope of regulations.
This chapter is intended to and shall govern incorporated and unincorporated Miami -Dade County.
http: // library. municode. com /HTMI,/ 10620/ level2 /PTIIICOOR_CH16AHIPR.htm] 3/28/2011
Chapter 16A - HISTORIC PRESERVATION
Page 2 of 15
(1) The regulatory jurisdiction of the Miami -Dade County Historic Preservation Board pursuant to this
(2) Chapter shall extend to:
(a) all property located in the unincorporated areas of Miami -Dade County;
(b) all property located in incorporated areas of Miami -Dade County except where the municipality
has enacted its own historic preservation ordinance in accordance with section 16A -3.1;
(c) archeology and paleontology zones and sites in the incorporated and unincorporated areas of
Miami -Dade County except where the municipality has enacted its own historic preservation
ordinance in accordance with section 16A -3.1 and the municipality, within 365 days of the
effective date of this ordinance, enacts an ordinance that (1) expressly retains jurisdiction over
archeology and paleontology zones and sites, (2) adopts regulations as least as protective of
archeology and paleontology zones and sites as those in this Chapter, and (3) commits the
municipality to retain sufficient archeological personnel or consultants to enforce such
regulations; and
(d) the enforcement of the minimum standards established by this Chapter as set forth in this
Chapter.
(3) Nothing contained herein shall be deemed to supersede or conflict with applicable building and
zoning codes. Provisions contained herein shall be cumulative and read in conjunction with other
provisions of the Miami -Dade County Code.
(Ord. No. 81.13, § 3, 2- 17.81; Ord. No. 82.99, § 1, 10- 19.82; Ord. No. 03.38, § 2,3-11-03)
Editor's note Annotation --- CAO 82 -23.
Sec. 16A -3.1. - Municipal Historic Preservation.
(1) County Technical and Legal Support for Municipal Preservation. The Director of the Office of Historic
Preservation and the County Attorney's Office may provide a requesting municipality with technical
and legal assistance in preservation matters. Such assistance is not intended to replace the
municipality's own commitment of resources to preservation or to divert resources from the County's
own preservation responsibilities.
(2) Timeframes for Municipalities to Enact Historic Preservation Ordinances.
(a) Municipalities incorporated prior to July 1, 1982 were given the option to adopt their own
municipal historic preservation ordinances or be governed by the County ordinance. The
following municipalities enacted their own ordinances: Coral Gables, Hialeah, Homestead,
Miami, Miami Beach, Miami Shores, Miami Springs, Opa- locka, and South Miami.
(b) Municipalities incorporated after July 1, 1982 but before the effective date of this ordinance
have until one year after the effective date of this ordinance to adopt their own preservation
ordinances.
(c) Municipalities incorporated after the effective date of this ordinance have until one year after
the effective date of their incorporation to adopt their own preservation ordinances.
(3) Status of Designated Properties After Transition of Jurisdiction. In the event that a municipality
assumes jurisdiction of historic preservation from Miami -Dade County by enacting an ordinance as
provided in this section, all properties previously designated by the Miami -Dade Historic Preservation
Board shall have the status and protections of properties designated under the municipality's historic
preservation ordinance unless and until such designation is removed by formal action of the
municipality pursuant to its ordinance. The same rule shall apply if the County assumes jurisdiction
from a municipality.
(4) Minimum Standards for Municipal Ordinances.
(a) To comply with the minimum standards for historic preservation ordinances a municipal .
ordinance shall contain provisions:
(1) that establish a historic preservation board which shall be empowered to designate
individual sites or districts and to issue certificates of appropriateness; or to advise the
city commission regarding such matters. In this regard, this ordinance shall constitute
authority for a municipality to delegate to its preservation board the power to designate
sites and districts and issue certificates of appropriateness.
(2) that provide procedures for the municipality, its staff, the Director of the Miami -Dade
County Office of Historic Preservation, and private parties to recommend the initiation of
designations of historic districts and individual historic sites, whether residential,
commercial, industrial or other, pursuant to due notice to affected parties, legally -
enforceable standards, quasi - judicial hearings, and appeals to court;
(3) that protect designated sites or districts by preventing the issuance of building,
construction, zoning, and demolition permits or the significant change of appearance of
such sites or districts until a written certificate of appropriateness has been issued;
(4) that protect property owners by procedures (1) to de- designate properties and (2) to
vary or modify historic regulation based upon economic hardship pursuant to due notice
http : / /Iibrary.municode.com/HTML /10620 /level2/PTIIICOOR CH16AHIPR.html 3/28/2011
Chapter I6A - HISTORIC PRESERVATION
Page 3 of 15
to affected parties, legally - enforceable standards, quasi - judicial public hearings, and
appeals to courts;
(5) that provide economic incentives for preservation;
(6) that regulate and prevent the demolition of historic buildings by neglect, and
(7) that establish the Secretary of Interior's Standards for Rehabilitation as standards
governing preservation, although a municipality may establish additional standards.
(b) It is a violation of the minimum standards of this Chapter for a municipal historic preservation
ordinance
(1) to exempt an otherwise historic property from historic regulation or designation on the
basis that the owner did not consent to the regulation or designation;
(2) to allow the issuance of a permit for the demolition of a historically - regulated property
unless, after a public hearing pursuant to the ordinance, a variance based upon
economic hardship has been granted or a certificate of appropriateness to demolish
based on express standards in the ordinance has been issued. In this regard, it is a
violation of the minimum standards of this Chapter to permit the issuance of a certificate
of appropriateness for demolition based solely upon the passage of a certain amount of
time after the owner has applied to demolish.
(c) Municipalities that have already enacted historic preservation ordinances as of the effective
date of this ordinance shall have 365 days from the effective date of this ordinance to bring
their ordinances into compliance with these minimum standards.
(d) The minimum standards created in these sub - section shall not apply to any municipality that is
recognized as a Certified Local Government by the Florida Secretary of State.
(6) Guidelines for Municipal Enforcement. Municipalities are encouraged to comply with the following
guidelines, but these guidelines shall not serve as minimum standards:
(a) have a quorum appointed to its historic preservation board at least 9 months in any 12 month
period;
(b) conduct public meetings of its historic preservation board no less than 6 times in every
calendar year;
(c) provide sufficient professional staff to its historic preservation board to allow the board to
conduct its business, including evaluating properties and districts for designation, reviewing
and issuing certificates of appropriateness, holding quasi - judicial hearings, and otherwise
enforcing the terms of its historic preservation ordinance;
(d) conduct a separate public hearing to consider for designation each property within its
jurisdiction listed on the National Register of Historic Places; and
(e) produce at least one designation report per calendar year until all properties in its jurisdiction
listed as historically significant on the City or the County's last survey have been considered.
(6) Municipality Shall File Annual Report. Municipalities that exercise jurisdiction of historic preservation
shall annually file a report with the Clerk of the Board of the Miami -Dade County Commission. This
report shall briefly state the name, address and qualification of its historic preservation board
members; when each member joined and, if applicable left the board; the name, address and
telephone number of its historic preservation staff members and consultants; and the number of
designation reports and certificates of appropriateness prepared and considered in that year.
Attached to the report shall be a copy of the minutes of the meetings of the municipality's historic
preservation board.for that year and any designation reports and certificates of appropriateness
prepared by its staff during that year.
(7) Municipal Authority To Obtain Continuances Before Unsafe Structure Agencies. A municipality that
has enacted its own historic preservation ordinance in accordance with this section may obtain
continuances before unsafe structure agencies as set forth in section 16A -11 (VI) (b) of this Chapter.
For this limited purpose, "Director," "staff," and "Board' as used in that section shall refer to their
counterparts in the municipality. The authority provided by this sub - section shall be interpreted only to
expand, and not to limit, the discretion of a municipality.
(Ord. No. 03.38, § 3,3-11-03)
Sec. 16A -3.2. - Authority of the Director to Appear as a Party.
In his official capacity, the Director of the Miami -Dade County Office of Historic Preservation shall
have the legal authority to initiate or appear as a parry in any administrative, legal proceeding, or appeal
involving or arising out of a municipality's determination to designate an individual site or district, to grant or
deny a certificate of appropriateness, to grant or deny a request to de- designate or grant a variance to a
historic property, or to consider other similar matters involving individual sites or districts. In all such matters,
the Director shall be represented by the County Attorney.
(Ord. No. 03 -38, § 4, 3- 11 -03)
http://library.municode.com/HTML/I 0620/leve l2 /PTIIICOOR_CH 16AHIPR.html 3/28/2011
Chapter 16A - HISTORIC PRESERVATION
Page 4 of 15
Sec. 16A -4. - Definitions.
(1) Archeological or paleontological zone: An area designated by this chapter which is likely to yield
information on the paleontology, history and prehistory of Miami -Dade County based on prehistoric
settlement patterns in Miami -Dade County as determined by the results of the Miami -Dade County
historic survey. These zones will tend to conform to natural physiographic features which were the
focal points for prehistoric and historic activities and paleontology.
(2) Certificate of appropriateness: A certificate issued by the Board permitting certain alterations or
improvements to a designated individual site or property in a designated district.
(a) Regular certificate of appropriateness: A regular certificate of appropriateness shall be issued
by the staff of the Preservation Board, based on the guidelines for preservation approved by
the Board.
(b) Special certificate of appropriateness. For all applications for a special certificate of
appropriateness involving the demolition, removal, reconstruction or new construction at an
individual site or in a district, a special certificate of appropriateness is required that is issued
directly by the Board.
(3) Certificate to dig: A certificate that gives the Board's permission for certain digging projects that may
involve the discovery of as yet unknown or known archeological or paleontological sites in an
archeological or paleontological zone. This certificate is issued by staff of the Board based on the
guidelines for preservation approved by the Board.
(4) Certificate of recognition: A certificate issued by the Board recognizing properties designated
pursuant to this chapter.
(5) Demolition: The complete constructive removal of a building on any site.
(6) Districts: A collection of archeological or paleontological sites, buildings, structures, landscape
features or other improvements that are concentrated in the same area and have been designated as
a district pursuant to this chapter.
(7) Exterior. All outside surfaces of a building or structure.
(8) Guidelines for preservation: Criteria established by the Preservation Board to be used by staff in
determining the validity of applications for a regular certificate of appropriateness and any certificate
to dig and to establish a set of guidelines for the preservation of buildings in south Florida.
(9) Historic Preservation Board: A board of citizens created by this chapter as described in Sections 16A-
5 through 16A -9.
(10) Historic survey: A comprehensive survey compiled by the Historic Preservation Division of the Miami -
Dade County Office of Community and Economic Development involving the identification, research
and documentation of buildings, sites and structures of any historical, cultural, archeological,
paleontological or architectural importance in Miami -Dade County, Florida.
(11) Individual site: An archeological site, a paleontological site, building, structure, place or other
improvement that has been designated as an individual site pursuant to this chapter. Under the
provisions of this chapter interior spaces may be regulated only where a building or structure is a
designated individual site and where its interiors are specifically designated.
(12) National Register of Historic Places: A federal listing maintained by the U.S. Department of the
Interior of buildings, sites, structures and districts that have attained a quality of significance as
determined by the Historic Preservation Act of 1966 as amended.
(13) Ordinary repairs or maintenance: Work done to prevent deterioration of a building or structure or
decay of or damage to a building or structure or any part thereof by restoring the building or structure
as nearly as practicable to its condition prior to such deterioration, decay or damage.
(14) Owner of a designated property: As reflected on the current Metropolitan Miami -Dade County tax rolls
or current title holder.
(15) Undue economic hardship: Failure to issue a certificate would place an onerous and excessive
financial burden upon the owner that would amount to the taking of the owner's property without just
compensation.
(16) Landscape feature: Any improvement or vegetation including, but not limited to outbuildings, walls,
courtyards, fences, shrubbery, trees, sidewalks, planters, plantings, gates, street furniture and
exterior lighting.
(Ord. No. 81.13, § 4, 2- 17.81; Ord. No. 82 -99, § 1, 10- 19 -82; Ord. No. 0348, § 5, 3.11 -03)
Sec. 16A -5. - Historic Preservation Board — Created and established.
There is hereby created an Historic Preservation Board, ( "the Board "), as a governmental agency of
the County government in and for Miami -Dade County, Florida. The Board is hereby vested with the power,
authority and jurisdiction to designate, regulate and administer historical, cultural, archeological,
paleontological and architectural resources in Miami -Dade County, Florida, as prescribed by this chapter
under the direct jurisdiction and legislative control of the Board of County Commissioners.
http://library.municode.com/HTML/10620/level2/PTIIICOOR–CHI 6AHIPR.htmi 3/28/2011
Chapter 16A - HISTORIC PRESERVATION
(Ord. No. 81 -13, § 5, 2.17.81; Ord. No. 03.38, § 6, 3.11.03)
Cross reference— Standards for creation and review of boards, commissions, etc., §§ 2- 11.36 -2- 11.40.
Sec. 16A -6. - Same — Members.
Page 5 of 15
The Board shall consist of thirteen (13) members appointed by the Board of County Commissioners.
The Board of County Commissioners should attempt to appoint architects, realtors, archeologists, historians,
art historians, lawyers or other individuals from the business, financial and other segments of the community
who, by virtue of their profession or business, have demonstrated concern for historic preservation. The
Historic Preservation Board shall contain not less than one architect, one real estate agent or attorney at
law; and one historian or architectural historian. The term of office of membership shall be four (4) years for
each member. Any vacancy occurring on the Board shall be filled by the County Commission for the
remainder of the unexpired term, at the earliest possible date. Members shall be eligible for reappointment.
Members of the Board shall serve without compensation but shall be reimbursed for necessary expenses
incurred in the performance of their official duties, as shall be determined and approved by the County
Commission. Members of the Board shall be governed by Section 2- 11.36, at seq. of the Code.
(Ord. No. 81.13,,§ 6, 2-17.81; Ord, No. 03 -38, § 7, 3.11 -03)
Sec. 16A -7. - Same — Organization.
The members of the Board shall annually elect a Chair who shall serve at the pleasure of the Board
and such other officers as may be deemed necessary or desirable. The County Manager shall provide
adequate professional staff for the Board, including but not limited to representatives from the departments
of community and economic development, building and zoning, and planning Office of Historic Preservation
which shall be deemed the staff of the Board. The Office of Historic Preservation shall have a professional
Director. The Historic Preservation Board shall be consulted regarding the selection of the Director. The
Chair or his or her designee shall serve on any board reviewing candidates for the position of Director.
Minutes of each Board meeting shall be kept and prepared under the supervision and direction of the Board,
and copies of such minutes shall be fled with the Clerk of the County Commission.
(Ord. No. 81 -13,.§ 7, 247 -81; Ord. No. 03.38, § 8, 3- 11.03)
Sec. 16A -8. - Same —Rules and regulations.
The Board shall make and prescribe such rules and regulations reasonably necessary and
appropriate for the proper administration and enforcement of the provisions of this chapter. Such rules and
regulations shall conform to the provisions of this chapter and shall not conflict with the Constitution and
General Laws of the State of Florida, and shall govern and control procedures, hearings and actions of the
Board. No such rules and regulations shall become effective until a public hearing has been held upon the
proposed rules and regulations, and any amendments or modifications thereto, and the same have been
approved by the County Commission and filed with the Clerk of the Commission. Upon approval by the
Commission, such rules and regulations shall have the force and effect of law within Miami -Dade County,
Florida. The Board shall prescribe forms for use by applicants in compliance with the provisions of this
chapter. The Board may authorize any one (1) of its members to administer oaths and certify to official acts.
(Ord. No. 81.13, § 8, 2- 17 -81)
Sec. 16A -9. - Same — Powers and duties.
The Historic Preservation Board shall have the following enumerated powers and duties
(1) Adopt or amend rules of procedure.
(2) Designate individual sites, districts and archeological and paleontological zones.
(3) Issue or deny certificates of appropriateness and certificates to dig.
(4) Approve historical markers and issue certificates of recognition for individual sites and
designated properties in a district.
(5) Recommend zoning and building code amendments to the proper authorities.
(6) Establish guidelines for preservation and criteria for issuance by staff of regular certificates of
appropriateness.
(7) Promote the awareness of historic preservation and its community benefits.
(8) No actions of this Board will supersede or be construed as superseding the authority of the
Board of County Commissioners.
(9) Review and update the historic survey for its quality and professional merit, and validate the
findings of the survey as bona fide and sincere.
http : / /Iibrary.municode.com/HTML /10620 /level2 /PTIIICOOR_CH 16AHIPR.html 3/28/2011
Chapter 16A - HISTORIC PRESERVATION Page 6 of 15
(10) Implement the authority of this chapter and fulfill the tasks set forth for this Board by the
County Commissioners in this chapter and other ordinances.
(11) Record and maintain records of the Board's actions and decisions,
(12) Follow and abide by the laws of the United States of America, the State of Florida and Miami-
Dade County.
(13) Provide an annual report to the Board of County Commissioners.
(14) Review and make recommendations to the Office of Historic Preservation regarding any grant
proposals reviewed by the Office of Historic Preservation, including but not limited to
Community Development Block Grants.
(Ord. No. 81-13, § 9,2-17-81; Ord. No. 03 -38,
Editor's note — Annotation —GAO 84 -8.
Sec. 16A -10. - Designation process and procedure.
(I) [Criteria.] The Board shall have the authority to designate areas, places, buildings, structures,
landscape features, archeological and paleontological sites and other improvements or physical
features, as individual sites, districts or archeological or paleontological zones that are significant in
Miami -Dade County's history, architecture, paleontology, archeology or culture and possess an
(a)
(b)
(c)
(d)
(e)
[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:
(a) A religious property deriving primary significance from architectural or artistic distinction of
historical importance.
(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.
(IV) Procedure.
http: / /library.municode.com /HTML /10620 /level2 /PTIIICOOR_CH 16AHIPR.html 3/28/2011
Chapter 16A - HISTORIC PRESERVATION
Page 7 of 15
(a) Petition of the owner. The owner(s) of any property in unincorporated Miami -Dade County may
petition this Board for designation of their property as an individual site, district or archeological
zone provided that they appear before the Board with sufficient information to warrant the
investigation of the property for future designation and the Board finds that the property may
be worthy of designation. The Board shall, based on its findings, either direct the staff to begin
the designation process or deny the petition. Nothing in this subsection shall be deemed to
restrict the power of the Board to initiate the designation process pursuant to this section.
(b) Directive of the Board. The Board shall, upon recommendations from staff or the acceptance of
petitions pursuant to part (IV), subsection (a) of this section, direct staff to begin the
designation process by preparing a designation report, pursuant to part (III) of this section and
any other standards the Board may deem necessary, and submitting this report according to
the procedures described herein.
(c) Notification of owner. For each proposed designation of an individual site, district or
archeological zone, the Board is encouraged to obtain the permission of the property owner(s)
within the designated area, and is responsible for mailing a copy of the designation report to
the owner(s) as notification of the intent of the Board to consider designation of the property at
least fifteen (15) days prior to a public hearing held pursuant to this section.
(d) Notification of government agencies. Upon filing of a designation report, the Secretary of the
Board shall immediately notify the appropriate building and zoning department, the appropriate
public works department and any other County or municipal agency, including agencies with
demolition powers, that may be affected by said filing.
(e) Notification of public hearing. For each individual site, district or archeological zone proposed
for designation, a public hearing must be held no sooner than fifteen (15) days and within sixty
(60) days from the date a designation report has been filed with the Board. Owners of record
or other parties having an interest in the proposed designated properties, if known, shall be
notified of the public hearing by certified mail to the last known address of the party being
served; however, failure to receive such notice shall not invalidate the same as such notice
shall also be perfected by publishing a copy thereof in a newspaper of general circulation at
least ten (10) days prior to the hearing. Owners shall be given an opportunity at the public
hearing to object to the proposed designation.
(f) Requirement of prompt decision and notification. Within seven (7) days of a public hearing on
a proposed individual site, district or archeological zone, the Board shall by written resolution
state its decision to approve, deny or amend the proposed designation and shall direct the
',. Secretary of the Board to notify the following of its actions with a copy of the resolution:
(1) The appropriate building and zoning department,
(2) The County Clerk,
(3) The appropriate municipal clerk when necessary,
(4) Owner(s) of the affected property and other parties having an interest in the property, if
known,
(5) The appropriate planning department,
(6) The appropriate public works department, and
(7) Any other County or municipal agency, including agencies with demolition powers, that
may be affected by this action,
(8) Miami -Dade County Property Appraiser.
(g) [Amendment or rescission.] The Board may amend or rescind any designation provided it
complies with the same manners and procedures used in the original designation.
(h) Moratorium. Upon the filing of a designation report by the staff, the owner(s) of the real
property which is the subject matter of the designation report or any individual or private or
public entity shall not:
(1) Erect any structure on the subject property.
(2) Alter, restore, renovate, move or demolish any structure on the subject property until
such time as final administrative action, as provided by this chapter, is completed.
(i) Recording of designation. The Board shall provide the Clerk of the Circuit Court with all
designations for the purpose of recording such designation and the Clerk of the Circuit Court
shall thereupon record the designation according to law.
(Ord. No. 81.13, § 10, 2-1741; Ord. No. 82 -99, § 1, 10- 19 -82, Ord. No. 88.28, § 2, 4.19 -88; Ord. No. 03 -38, § 10, 3- 11 -03)
Sec. 16A -11. - Application for certificate of appropriateness.
(i) [Certificate required as prerequisite to alteration, etc.] No building, structure, improvement, landscape
feature or archeological site within Miami -Dade County which is designated pursuant to Section 16A-
10 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 pursuant to the procedures in this
http : / /library.municode.com /I -ITML/ 10620 /level2 /PTIIICOOR_CH 16AHIPR.html 3/28/2011
Chapter 16A - HISTORIC PRESERVATION
Page 8 of 15
section. Architectural features shall include, but not be limited to, the architectural style, scale,
massing, siting, general design, the color of exterior paint surfaces, and general arrangement of the
exterior of the building or structure, including the type, style and color of roofs, windows, doors and
appurtenances. Architectural features shall include, when applicable, interior spaces where interior
designation has been given pursuant to Section 16A -10. Landscape features and site improvements
shall include but are not limited to, site regrading, 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 construction, alteration, excavation,
restoration, renovation, relocation or demolition are approved by the Board.
(II) [Board to develop procedures.] The Board shall develop procedures for making application for both a
regular and special certificate of appropriateness.
(III) [Standards for issuance.] The Board shall adopt and may from time to time amend the standards by
which applications for any certificate of appropriateness are to be measured and evaluated. In
adopting these guidelines, it is the intent of the Board to promote maintenance, restoration, adaptive
reuses appropriate to the property, and compatible contemporary designs which are harmonious with
the exterior architectural and landscape features of neighboring buildings, sites and streetscapes.
These guidelines shall also serve as criteria for staff to make decisions regarding applications for
regular certificates of appropriateness.
(IV) Regular certificates of appropriateness. Based on the guidelines for preservation, the designation
report, a complete application for regular certificate of appropriateness, any additional plans,
drawings or photographs to fully describe the proposed alteration and any other guidelines the Board
may deem necessary, the staff of the Board shall, within ten (10) days from the date a complete
application has been filed, approve or deny the application for a regular certificate of appropriateness
by the owner(s) of a designated individual site, or property within a designated district. The findings of
the staff shall be mailed to the applicant within three (3) days of staff decision accompanied by a
statement in full regarding the staffs decision. The applicant shall have an opportunity to challenge
the staff decision by applying for a special certificate of appropriateness within thirty (30) days of the
staffs findings.
(V) Special certificates of appropriateness.
(a) An applicant for a special certificate of appropriateness shall submit his application to the
Board pursuant to Section 16A -10 and accompany such application to the Board with full plans
and specifications, site plan and samples of materials as deemed appropriate by the Board 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 the Board to
visualize 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 Board shall hold a public hearing upon an application for a special certificate of
appropriateness affecting property under its control. In such instances, notice and procedure of
the public hearing shall be given to the property owner(s) by certified mail and to other
interested parties by an advertisement in a newspaper of general circulation at least ten (10)
days prior to the hearing.
(c) The Board shall act upon an application within sixty (60) days of receipt of application
materials adequately describing the proposed action. The Board shall approve, deny or
approve in modified form an application, 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.
(d) The decision of the Board shall be issued in writing. Evidence of approval of the application
shall be by certificate of appropriateness issued by the Board or the Board's designated staff
representative to the applicant and, whatever its decision, notice in writing shall be given to the
applicant and the Director of the Planning and Zoning Department. When an application is
denied, the Board's notice shall provide an adequate written explanation of its decision to
disapprove the application. The Board shall keep a record of its actions under this chapter,
(e) Unless otherwise provided in the certificate of appropriateness, both regular and special
certificates of appropriateness shall expire after 365 days. Staff may grant extensions of time
of up to an additional 180 days for restoration or rehabilitation work only upon satisfaction that
the scope of the work originally approved has not changed and provided a written request is
filed and work is commenced before expiration of the certificate.
(VI) `EMOM"I�n
(a) Demolition of a designated building, structure, improvement or site may occur pursuant to an
order of a government agency or a court of competent jurisdiction or pursuant to an approved
application by the owner for a special certificate of appropriateness.
http : / /Iibrary.municode.com /HTML/ 10620 /level2 /PTIIICOOR_CH l 6AHIPR.htl'nl 3/28/2011
Chapter 16A - HISTORIC PRESERVATION
Page 9 of 15
(b) Government agencies having the authority to demolish unsafe structures shall receive notice
of designation of individual sites, districts or archeological and paleontological zones pursuant
to Section 16A -10. The staff of such agencies shall consult with the staff of the Historic
Preservation Board before entering a demolition order or placing such properties on an official
agenda. Such unsafe structures agencies shall not enter a demolition order unless they first
determine in writing that there exists no feasible alternative to demolition. The Historic
Preservation Board shall be deemed an interested parry and shall receive ten days prior
written notice of any public hearings conducted by said government agency regarding
demolition of any designated property. The Board may make recommendations and
suggestions to the government agency and the owner(s) relative to the feasibility of and the
public interest in preserving the designated property. At the written request of the Director of
Miami -Dade County's Office of Historic Preservation, such unsafe structure agencies shall
continue any hearing on a property for not less than 30 days to allow consultation with the
Miami -Dade County Historic Preservation Board. If an unsafe structures agency subjects a
designated property to an order providing for demolition, the order shall also, at the written
request of the Historic Preservation Board, establish a grace period of no less than 120 days to
obtain a permit to repair the property, followed by no less than 180 days to complete such
repairs. After entry of such a repair or demolish order, such unsafe structures agencies shall
have the jurisdiction and authority to grant additional extensions of the grace period, provided
the agency is satisfied that the repair will be completed in a reasonable time.
Nothing in this section shall prohibit an unsafe structures agency from entering an order
requiring a designated property to be secured.
(c) No permit for voluntary demolition of a designated building, structure, improvement or site shall
be issued to the owner(s) thereof until an application for a special certificate of appropriateness
has been submitted and approved pursuant to the procedures in this section. Refusal by the
Board to grant a special certificate of appropriateness shall be evidenced by written order
detailing the public interest which is sought to be preserved. The Board shall be guided by the
criteria contained in part (VI), subsection (d) herein. The Board may grant a special certificate
of appropriateness which may provide for a delayed effective date. The effective date shall be
determined by the Board based upon the relative significance of the structure and the probable
time required to arrange a possible alternative to demolition. During the demolition delay
period, the Board may take such steps as it deems necessary to preserve the structure
concerned, in accordance with the purposes of this chapter. Such steps may include, but shall
not be limited to, consultation with civic groups, public agencies and interested citizens,
recommendations for acquisition of property by public or private bodies or agencies, and
exploration of the possibility of moving one (1) or more structures or other features.
(d) In addition to all other provisions of this chapter, the Board shall consider the following criteria
in evaluating applications for a special certificate of appropriateness for demolition of
designated properties:
(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 (1) of the last remaining examples of its kind in the neighborhood,
the County or the 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 County 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?
(VII) [Building permit not to issue without certificate.] No building permit shall be issued by the Director of
the Building Department which affects any designated property in Miami -Dade County without a
certificate of appropriateness.
(VIII) [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 County
Manager shall designate an appropriate official to assist the Board by making necessary inspections
in connection with enforcement of this chapter and 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 Board and copies
of any stop work orders both to the Board and the applicant. The Planning and Zoning Director or
appropriate official and staff for the Board shall be responsible for ensuring that any work not in
accordance with an issued certificate of appropriateness shall be corrected to comply with the
certificate of appropriateness prior to withdrawing the stop work order.
http: // library. municode. com /HTML /I0620 /level2/PTIIICOOR_CH 16AHIPR.htmI 3/28/2011
Chapter 16A - HISTORIC PRESERVATION
Page 10 of 15
(IX) [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 in Miami -Dade County,
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 Board approval, and to rehabilitate it later under the normal review procedures to this chapter.
(X) [No action to constitute approva(.] If no action upon an application is taken within sixty (60) days from
the date of application, such application shall be deemed to have been approved and no other
evidence of approval shall be needed. This time limit may be waived by mutual written consent of the
applicant and the Board.
(XI) [Power of review.] The Board shall have the authority to review applications for certificates of
appropriateness for all property in Miami -Dade County, however owned, by either private or public
parties. The purposes of this chapter shall apply equally to plans, projects or work executed or
assisted by any private party, governmental body or agency, department, authority or Board of the
city, County or State.
(XII) Archeological Sites or Districts. To protect a designated archeological site, district, or zone the Board
may require any of the following: (1) an archeological survey at the applicant's expense conducted by
an archeologist approved by the Board containing an assessment of the significance of the
archeological site and an analysis of the impact of the proposed activity on the archeological site; (2)
scientific excavation and evaluation of the site at the applicant's expense by an archeologist approved
by the Board; (3) mitigation measures; and (4) protection or preservation of all or part of the
archeological site for green space. The Board may require an archeological survey as a precondition
to consider further action.
(Ord. No. 81 -13, § 11, 2- 17 -81; Ord. No. 82 -99, § 1, 10- 19.82; Ord. No. 98 -125, § 10, 9 -3 -98; Ord. No. 03 -38, § 11, 3- 11 -03)
Sec. 16A -12. - Economic Hardship.
Where, by reason of particular site conditions and restraints, or because of unusual circumstances
applicable solely to the particular applicant property, strict enforcement of the provisions of this chapter
would result in serious undue economic hardship to the applicant, the Board shall have the power to vary or
modify adherence to this chapter; provided always that its requirements ensure harmony with the general
purposes hereof and will not adversely affect Miami -Dade County,
(a) In any instance where there is a claim of undue economic hardship, the owner shall submit, by
affidavit, to the Board at least fifteen (15) days prior to the public hearing, the following
information:
(1) For all property:
(i) The amount paid for the property, the date of purchase and the party from whom
purchased;
(ii) The assessed value of the land and improvements thereon according to the two
(2) most recent assessments;
(iii) Real estate taxes for the previous two (2) years;
(iv) Annual debt service, if any, for the previous two (2) years;
(v) All appraisals obtained within the previous two (2) years by the owner or
applicant in connection with his purchase, financing or ownership of the property;
(vi) Any listing of the property for sale or rent, price asked and offers received, if any;
and
(vii) Any consideration by the owner as to profitable adaptive uses for the property;
and
(viii) All cost estimates or reports relating to the demolition of the property obtained
within the previous two (2) years;
(ix) All cost estimates or reports relating to the rehabilitation or restoration of the
property obtained within the previous two (2) years;
(x) All reports relating to the engineering, architectural, or construction feasibility of
rehabilitating or restoring the property obtained within the previous two (2) years;
and
'.. (A) All reports relating to the economic feasibility of restoring or rehabilitating the
property obtained within the previous two (2) years, including market studies.
(2) For income - producing property: '..
(i) Annual gross income from the property for the previous two (2) years;
(ii) Itemized operating and maintenance expenses for the previous two (2) years;
and
(iii) Annual cash flow, if any, for the previous two (2) years,
(b)
http: // library. municode. com /HTML/ 10620/ level2 /PTIIICOOR_CHI6AHIPR.htmt 3/28/2011
Chapter 16A - HISTORIC PRESERVATION
Page 11 of 15
The Board may require that an applicant furnish such additional information as the Board
believes is relevant to its determination of undue economic hardship. The owner shall permit
access to the subject property for the purpose of inspections and /or appraisals required by the
board or preservation officer. In the event that any of the required information is not reasonably
available to the applicant and cannot be obtained by the applicant, the applicant shall file with
his affidavit a statement of the information which cannot be obtained and shall describe the
reasons why such information cannot be obtained.
(Ord. No. 82.99, § 1, 10.19 -82; Ord. No. 03.38, § 12,3-11-03)
Sec. 16A -13. - Maintenance of designated properties.
Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any
exterior elements of any building or structure which does not involve a change of design, appearance or
material, and which does not require a building permit.
(Ord. No. 81.13, § 12, 2- 17.81; Ord. No. 82 -99, § 1, 1049.82)_
Sec. 16A -13.1. - Demolition By Neglect Prohibited.
(q) Affirmative Maintenance Required. The owner of a property designated pursuant to this chapter either
individually or as a contributing part of a district shall comply with all applicable codes, laws and
regulations governing the maintenance of property. It is the intent of this section to preserve from
deliberate or inadvertent neglect the exterior features of such properties and the interior portions
thereof when maintenance is necessary to prevent deterioration and decay of the property. All such
properties shall be preserved against such decay and deterioration and shall be free from structural
defects through prompt corrections of any of the following defects:
(a) Facades which may fall and injure the subject property, adjoining property, or members of the
public.
(b) Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports,
deteriorated walls or other vertical structural supports.
(c) Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag,
split or buckle due to defective material or deterioration.
(d) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including
broken windows or doors.
(e) Any fault or defect in the property which renders it structurally unsafe, insufficiently protected
from weathering, or not properly watertight.
(2) Undue Economic Hardship. A property owner who believes that application of this section creates an
undue economic hardship may apply for a variance under section 16A -12.
(3) Enforcement.
(a) Notice and Administrative Enforcement When a Miami -Dade County Code Enforcement
Officer learns of a violation of section (1), he or she shall give notice in writing of the violation
to the owner, with specific written details of the corrective action necessary to remedy the
violation. Such notice shall be given personally, by registered or certified mail, return receipt
requested, or by posting on the property when the address of the owner cannot be located.
The property owner shall have 30 days from the date of such notice to perform the corrective
action. Thereafter, the Miami -Dade County Code Enforcement Officer may issue a civil citation
pursuant to chapter 8CC of the Code of Miami -Dade County.
(b) Action For Injunction And Remedial Relief,, Lien on Property. If the Property Owner fails to take
corrective action within the 30 day period provided in section 3(a), Miami -Dade County may file
an action seeking: an injunction ordering the property owner to take corrective action; an order
authorizing Miami -Dade County to enter onto the property to make the corrective actions; and
civil penalties. The Court shall order an injunction providing such remedies if Miami -Dade
County proves that the owner has violated this ordinance and such violation threatens the
integrity or existence of an individual site or a contributing structure within a district. Such civil
action may be initiated in the name of Miami -Dade County at the discretion of the County
Manager upon an affirmative vote of a majority of the Historic Preservation Board. Settlements
of such lawsuits may be obtained in the same manner. Nothing herein shall prevent the Board
of County Commissioners from initiating or assuming direction of the lawsuit, at its discretion.
In the event that the Court authorizes Miami -Dade County to enter onto the property to take
the required corrective action, the Court shall also order that the cost of the corrective action
shall constitute a lien against the property, accruing interest at the statutory rate for judgments
until satisfied.
(c) Civil Penalties. Violation of this section shall be punished by a civil penalty of five hundred
dollars. After expiration of the thirty day period provided in section (3)(a), each day that the
corrective action is not taken shall constitute a separate violation.
http: // library. municode. com /HTML /I0620 /level2 /PTIIICOOR CHI6AHIPR.htm1 3/28/2011
Chapter 16A - HISTORIC PRESERVATION
(Ord. No. 63.38, § 13, 3.11 -03)
Sec. 16A -14, - Certificates to dig.
Page 12 of 15
I) Within an archeological or paleontological zone, new construction, filling, digging, the removal of
trees, or any other activity that may alter or reveal an interred archeological or paleontological site
shall be prohibited without a certificate to dig. All applications to all appropriate municipal or County
agencies involving new construction, large -scale digging, the removal of trees or any other activity
that may reveal or disturb an interred archeological or paleontological site, in an archeological or
paleontological zone shall require a certificate to dig before approval. Based on the designation report
for the archeological or paleontological zone, a complete application for a certificate to dig and any
additional guidelines the Board may deem necessary, the staff of the Board shall, within ten (10) days
from the date the completed application has been filed, approve the application for a certificate to dig
by the owners of a property in a designated archeological or paleontological zone. The certificate to
dig may be made subject to specified conditions, including but not limited to conditions regarding site
excavation. In order to comply with the site excavation requirements of the certificate to dig, the
applicant may agree to permit the County Archeologist to conduct excavation from the time of the
approval of the certificate to dig until the effective date thereof. The findings of the staff shall be
mailed to the applicant by registered mail promptly. The applicant shall have the opportunity to
challenge the staff decision or any conditions attached to the certificate to dig by requesting a
meeting of the Board. The Board shall convene within thirty -five (35) days after such a request and
shall make every effort to review and reconsider the original staff decision to arrive at an equitable
decision. The decision of the Board shall be reduced to writing within seven (7) days from the date of
the meeting.
II) Approved certificates to dig. Approved certificates to dig shall contain an effective date not to exceed
sixty (60) days at which time the proposed activity may begin, unless the Board decides to designate
the site in question as an individual site or district pursuant to Section 16A -10 in which all the rules
and regulations pertaining to the designation process shall apply from the date the designation report
has been filed.
(III) [Work to conform to certificate; stop work order.] All work performed pursuant to the issuance of a
certificate to dig shall conform to the requirements of such certificate. It shall be the duty of the
appropriate government agencies and the staff of the Board to inspect from time to time any work
pursuant to such certificate to assure compliance. In the event work is performed not in accordance
with such certificate, the official designated by the County Manager pursuant to Section 16A- 11(1X)
[VIII] shall be empowered to issue a stop work order and all work shall cease. No person, firm or
corporation shall undertake any work on such projects as long as such stop work order shall continue
in effect.
(Ord. No. 81.13, § 13,2.17-81; Ord. No. 82.99, § 1, 10. 1942; Ord. No. 03.38, § 14, 3- 11.03)
Sec. 16A -15. - Appeals.
Within twenty (20) days of the written decision of the Board, an aggrieved party may appeal the
decision by filing a written notice of appeal with the Clerk of the Board of County Commissioners. The notice
of appeal shall state the decision which is being appealed, the grounds for the appeal, and a brief summary
of the relief which is sought. Within sixty (60) days of the fling of the appeal or the first regular County
Commission meeting which is scheduled, whichever is later in time, the County Commission shall conduct a
public hearing at which time they may affirm, modify or reverse the decision of the Board. Nothing contained
herein shall preclude the County Commission from seeking additional information prior to rendering a final
decision. The decision of the County Commission shall be in writing and a copy of the decision shall be
forwarded to the Board and the appealing party.
Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, a party aggrieved
by a decision of the County Commission may appeal an adverse decision to the Circuit Court in and for
Miami -Dade County, Florida. The party taking the appeal shall be required to pay to the Clerk of the Board
the sum of one hundred dollars ($100.00) to defray the costs of preparing the record on appeal.
(Ord. No. 81 -13, § 14,2-17.81; Ord. No. 82 -99, § 1, 10- 19 -82)
Sec. 16A -16. - Penalties.
Failure by an owner of record or any individual or private or public entity to comply with any provisions
of this chapter shall constitute a violation hereof and shall be punishable by civil or criminal penalties
including a fine not more than five hundred dollars ($500.00) per day for each day the violation continues
and including a requirement that any work performed contrary to this chapter must be removed and the
property returned to its condition prior to commencement of said action.
(Ord. No. 81.13, § 15,2-17-81; Ord. No. 82.99, § 1, 10.19 -82; Ord. No. 88 -28, §3,4-19-88)
http : / /library.municode.com/HTML/ 10620 /level2 /PTIIICOOR_CH I6AHIPR.html 3/28/2011
Chapter 16A - HISTORIC PRESERVATION Page 13 of 15
Sec. 16A -17. - Incentives.
All properties designated as individual sites or as designated properties within a district shall be
eligible, upon application by the owner(s), for any available financial assistance set aside for historic
preservation by Metropolitan Miami -Dade County contingent on the availability of funds and the scope of the
project as described in the application.
It is the policy of Miami -Dade County to assist the owners of historic properties through the
development of a Conservation Easement Program to obtain applicable state and federal tax benefits,
pursuant to sections 193.505 & 704.06, Florida Statutes and any other governing law, provided that the
Board of County Commissioners shall approve the acceptance, terms, and conditions of any conservation
easement before it is accepted by the County. The Historic Preservation Board may promulgate the rules for
such Historic Conservation Easements and model covenants that shall be used by the County upon
approval by the Board of County Commissioners. The Historic Preservation Board is authorized to apply for
grants and other sources of funding for the creation of historic grant and loan programs. Any funds received
shall be placed in a Historic Preservation Trust Fund and used only for the purposes for which they were
received. The Historic Preservation Board is authorized to promulgate rules and model agreements for such
a program which shall be used by the County upon approval by the Board of County Commissioners.
(Ord. No. 81 -13, § 16,2-17-81; Ord. No. 82.99, § 1, 10.19.82; Ord. No. 03.38, § 15,3-11-03)
Sec. 16A -18. - Tax exemptions for renovations for historic properties.
(a) Scope of tax exemptions. A method is hereby created for the Board of County Commissioners, at its
discretion, to allow tax exemptions for the restoration, renovation, or rehabilitation of historic
properties. The exemption shall apply to one hundred (100) percent of the assessed value of all
improvements to historic properties which result from restoration, renovation, or rehabilitation made
on or after the effective date of this ordinance. The exemption applies only to taxes levied by
Metropolitan Miami -Dade County. The exemption does not apply to taxes levied for the payment of
bonds or to taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article
VII of the Florida Constitution. The exemption does not apply to personal property. The exemption
under this ordinance does not apply to properties within a community redevelopment area previously
or hereafter established pursuant to Part III of Chapter 163, Florida Statutes, by either the Board of
County Commissioners of Miami -Dade County or the governing body of any city or other municipality
within Miami -Dade County.
(b) Duration of tax exemptions. Any exemption granted under this section to a particular property shall
remain in effect for ten (10) years. The Board of County Commissioners shall have the discretion to
set a lesser term if requested by the property owner in its original application and covenant. The term
of the exemption shall be specified in the resolution approving the exemption. The duration of the
exemption as established in the resolution granting the exemption shall continue regardless of any
change in the authority of the County to grant such exemptions or any change in ownership of the
property. In order to retain an exemption, however, the historic character of the property, and
improvements which qualified the property for an exemption, must be maintained in their historic state
over the period for which the exemption was granted.
(c) Eligible properties and improvements.
(1) Property is qualified for an exemption under this section if:
(A) At the time the exemption is granted the property:
(1) Is individually listed in the National Register of Historic Places pursuant to the
National Historic Preservation Act of 1966, as amended; or
(2) Is a contributing property to a national- register - listed district; or
(3) Is designated as a historic property, or as a contributing property to a historic
district, under the terms of a local preservation ordinance; and
(B) The Metropolitan Miami -Dade County Historic Preservation Board has certified to the
Board of County Commissioners that the property for which an exemption is requested
satisfies paragraph (A).
(2) In order for an improvement to a historic property to qualify the property for an exemption, the
improvement must:
(A) Be consistent with the United States Secretary of Interior's Standards for Rehabilitation;
and
(B) Be determined by the Metropolitan Miami -Dade County Historic Preservation Board to
meet criteria established in rules adopted by the Department of State.
(d) Applications. Any person, firm, or corporation that desires an ad valorem tax exemption for the
improvement of a historic property must, prior to construction, file with the Office of Historic
Preservation a written application on an approved form. The application must include the following
information:
http : / /library.municode.com/HTML /10620 /level2 /PTIIICOOR_CH 16AHIPR.html 3/28/2011
Chapter 16A - HISTORIC PRESERVATION
Page 14 of 15
(1) The name of the property owner and the location of the historic property;
(2) A description of the improvements to real property for which an exemption is requested and
the date of commencement of construction of such improvements;
(3) Proof, to the satisfaction of the Miami -Dade County Historic Preservation Board, that the
properly this is to be rehabilitated or renovated is a historic property under this section;
(4) Proof, to the satisfaction of the Miami -Dade County Historic Preservation Board, that the
improvements to the property will be consistent with the United States Secretary of Interior's
Standards for Rehabilitation and will be made in accordance with guidelines developed by the
Department of State;
(5) Other information identified in appropriate Department of State regulations, or requested by the
Miami -Dade County Historic Preservation Board; and
(6) If the property is within the jurisdiction of the Miami -Dade County Historic Preservation Board,
a completed application for a certificate of appropriateness for the qualifying restoration,
renovation, or rehabilitation.
(e) Required covenant. To qualify for an exemption, the property owner must enter into a covenant or
agreement with the Board of County Commissioners for the term for which the exemption is granted.
The form of the covenant or agreement must be established by the Department of State and must
require that the character of the property, and the qualifying improvements to the property, be
maintained during the period that the exemption is granted. The covenant or agreement shall be
binding on the current property owner, transferees, and their heirs, successors, or assigns. Violation
of the covenant or agreement results in the property owner being subject to the payment of the
differences between the total amount of taxes which would have been due in March in each of the
previous years in which the covenant or agreement was in effect had the property not received the
exemption and the total amount of taxes actually paid in those years, plus interest on the difference
calculated as provided in Section 212.12(3), Florida Statutes.
(f) Review By Historic Preservation Board. The Metropolitan Miami -Dade County Historic Preservation
Board, or its successor, is designated to review applications for exemptions. The Miami -Dade County
Historic Preservation Board must recommend that the Board of County Commissioners grant or deny
the exemption. Such reviews must be conducted in accordance with rules adopted by the Department
of State. The recommendation, and the reasons therefor, must be provided to the applicant and to the
Board of County Commissioners before consideration of the application at an official meeting of the
Board of County Commissioners.
(g) Approval By Board of County Commissioners. A majority vote of the Board of County Commissioners
shall be required to approve a written application for exemption. Such exemption shall take effect as
provided in the resolution. The Board of County Commissioners shall include the following in the
resolution approving the written application for exemption:
(1) The name of the owner and the address of the historic property for which the exemption is
granted.
(2) The period of time for which the exemption will remain in effect and the expiration date of the
exemption.
(3) A finding that the historic property meets the requirements of this section.
(Ord. No. 93.15, § 1, 34-93; Ord. No. 99 -90, § 2, 7.27 -99; Ord. No. 03 -38, § 16,3-11-03)
Sec. 16A -19. - Classification and assessment of historic property used for
commercial or certain nonprofit purposes.
Miami -Dade County hereby elects to adopt the classification and assessment method provide in
Section 193.503 of Florida Statutes (1997). Accordingly, subject to the definitions, conditions, and
procedures established by that Section, Historic Property qualifying under that Section shall be assessed
based upon actual use.
Any such classification shall terminate upon repeal of Section 193.503 Florida Statutes or the repeal
or sunset of this provision.
(Ord. No. 99.90, § 1, 7.27 -99)
Sec. 16A -20. - Settlement Authority.
The Director of the Office of Historic Preservation has authority to settle any 8CC tickets issued to
enforce this chapter. In making such a decision the Director shall consider the likelihood of prevailing and
whether compliance was obtained.
(Ord. No. 03.38, § 17, 3- 11 -03)
http : / /Iibrary.municode.com/HTML /10620 /level2/PTIIICOOR_CH 16AHIPR.html 3/28/2011
Chapter 16A - HISTORIC PRESERVATION
FOOTNOTE(S):
Page 15 of 15
("')Editor's note —At the editor's discretion, §§ 1 -16 of Ord. No. 81 -13, adopted Feb. 17, 1981, have been Included as Ch. 16A of the
Code. Mackj
0'h Cross reference— Building code, Ch. 8; housing, Ch. 17; landscaping, Ch. 18A; planning generally, Ch. 23A; urban renewal, Ch. 3OA;
zoning, Ch. 33. Back
http : / /Iibrary.municode.com/HTML/ 10620 /level2 /PTIIICOOR_CH 16AHIPR.html 3/28/2011
MAR-28 -2011 MON 04:38 PM Shubin & Hass, P.A. FAX NO, 3053819457 P. 02
LAW 0111cc6
SHMN &BASS
p A 0 P I s S 1 0 N A 4 A 1 S 0 t I A I 1 0 N
via V-S. Mail
and nesimile
March 29, 2011
Maria M. Menendez
City Clerk
City k1ail, i st Floor
6130 Sunset Drive
South Miami, Florida 33143
1,
Re; Public Records Act Request — Amendments to historic
Preservation sections of Land Development Code
Dear Ms. Menendez:
This correspondence is transmitted to you pursuant to Chapter. 119, Florida
Statutes (the "Public Records Act" or the "Acts'), and is intended to request from. the City
of South Miami ( "City ") all materials related to amending section 20 -4.9 of the City of
South Miami Land Development. Code pertaining to the designation of historic
properties. 1 respectfully request that, consistent with State law, you promptly produce
and make available for inspection and copying, the following "public records ":
0 All backup documents and other records including, but not limited to, meeting
minutes, staff reports, studies, and/or analyses that refer or relate to proposed
amendments to section 20 -4.9, Land Development Code;
All correspondence, including a -mails and calendar, invites, drafted,
maintained, sent and/or received by the City of South Miami (including its
representatives, agents, employees, or board members) which refer or relate to
proposed amendments to section 20 -4.9, land Development Code; and
• All documents and any other records evidencing all drafts of the proposed
amendments to section 20 -4.9, Land Development Code.
Please .note the definition for Public Records in Florida, as defined in section
119.O1i(l1) of the Florida Statutes, includes all documents, papers, letters,
memorandum, memoranda of oral communications, e- mails, text messages, Blackberry
Messenger messages, maps, books, tapes, photographs, films, sound recordings, data
46 S.W. tst Street, 3rd Floor, Miami, Ft. 33130 Ph: 305.331.00DD Fx: 305•3a1•9457 www.shubinbass.com
MAR-28 -2011 MON 04:38 PM Shubin & Bass, P.A. FAX N0, 3053819457 P. 03
processing software, or other material, regardless of the physical form, characteristics, ar
means of transmission, made or received pursuant to law or ordinance or in connection
with the transaction of official business by any agency.
With respect to this production, I need to advise you that we believe that most if
not all of the documents referenced in this request are maintained in such a manner so
that their retrieval does not require the expenditure of extraordinary efforts by your
professional staff. If in your good faith belief such efforts are required, please have
someone from your department contact our office prior to the expenditure of such efforts
so that we may appreciate the work involved and authorize the additional expenditure.
We would also ask you to refrain from copying any documents until we have had the
opportunity to first review the documents, as the Act permits.
Finally, please note that if the City maintains that any records under its
maintenance and/or control are exempt from production, please provide me in writing
with the specific basis for the exemption, including the statutory provision which may
form the basis for the exemption. in the absence of any such communication, I will
assume that all records shall be produced as they are identified and retrieved.
I ask that this Public Records Act request be processed expeditiously and
documents be produced for inspection by 4:00 p.m. Wednesday, March 30, 2011, as the
proposed Historic Preservation section amendments are set for public hearing at the
Monday, April e, 2011 City of South Miami City Commission meeting. Failure to
comply with this request will result in a denial of procedural due process.
Thank you for your anticipated attention to this matter. If you have any questions,
please do not hesitate to contact me at (305) 381 -6060.
Sincerely,
Deana D. Falce
For the Firm
cc: Thomas Pepe, City Attorney
SMUBIN & BASS, P.A.
NQ :�C
P R 0 F E S S 1 0 N A L A S S O C I A T I O N
Via Hand Delivery
March 1, 2011
City Commission
City Hall, First Floor
6130 Sunset Drive
South Miami, Florida 33143
Re: Item #13 —Ordinance Amending Historic Preservation Standards
Dear Commissioners:
This correspondence is transmitted to you on behalf our client,
REMSEAOLIV, LLC, the owner of the property located at 7221 S.W. 58th
Avenue commonly referred to as Bougainvilleas Tavern. The purpose of this
correspondence is to advise you that the proposed change to the HP Ordinance
renders it unconstitutionally vague because it results in an unlawful delegation of
the police power without constitutionally sufficient standards. See, North Bay
Village v. Blackwell, 88 So. 2d 524 (Fla. 1956); Effie v. City of Ocala, 438 So.2d
506 (Fla. 5th DCA 1983).
Your Planning Board thoughtfully considered the proposed substitution of
the "or" in lieu of the present "and" in Section 20- 11.1(A)(2) on page 6 of the
ordinance as recommended by the HP Board. Upon its thoughtful consideration of
the change, it rejected it, choosing instead to preserve that portion of the
ordinance requiring that sites designated historic "possess integrity of location,
design, setting, materials, workmanship, feeling and association" and, in addition,
one of the following: "(b) Are associated with events that have made a significant
contribution to the broad patterns of our history; or (c) Are associated with the
lives of persons significant in our past; or (d) Embody the distinctive
characteristics of a type, period, style or method of construction or work of a
46 S.W. let Street, 3rd Floor, Miami, FL 33130 Ph: 305.381.6060 Fx: 305.381.9457 www.shubinbass.com
master; or that possesses high artistic value, or that represent a distinguishable
entity whose components may lack individual distinction; or (e) Have yielded, or
are likely to yield information in history or prehistory; or (f) Are listed in the
National Historic Register. This two -part test delineates a threshold question
which asks whether the site "possess integrity of location, design, setting,
materials, workmanship, feeling and association." The proposed amendment
eliminates the threshold standard and fails to clearly state the criteria that governs
historic designation determinations.
Consistent with the foregoing, the "shall' should stay, as a "may" in section
20- 11.1(2) on page 6 of the ordinance, renders all the general standards listed in
sections 20-11. 1 (A)(2)(a)-(f) wholly discretionary and dependent on the will of the
HP Board.The "may" compounds the constitutional infirmity identified above and
makes it virtually impossible for a property owner to determine what standard will
apply to its property. See Effie, 438 So. 2d at 508 -09.
As such, this Commission should adopt the ordinance with the amendments
proposed above, which maintain the current language in section 20- 11.1(A).
Thank you for your anticipated attention to this matter.
2
AWOU
:• ..
P It 0 F E S S 1 0 N A L A S S 0 t 1 A T 1 0 N
Via Hand Delivery
and Facsimile
January 26, 2011
Thomas J. Vageline
Planning Director
Sylva Martin Building
6130 Sunset Drive
South Miami, Florida 33143
Re: PB -II -005, Ordinance amending the Land Development Code
Dear Mr. Vageline:
This correspondence is transmitted to you pursuant to Chapter 119, Florida
Statutes (the "Public Records Act' or the "Act "), and is intended to request from
the City of South Miami all materials relied upon by the City in its preparation of
the proposed ordinance PB -11 -005, amending the Land Development Code
Historic Regulations — including but not limited to — all communications, all
emails, the minutes of the meeting before the Historic Preservation Board on
December 27, 2010, and a list of the 41 residential and commercial buildings
designated historic.
I ask that the City of South Miami process this Public Records Act request
expeditiously and prepare all responsive documents for inspection by 1:00 p.m.
tomorrow, Thursday, January 27", 2011.
To the extent that the City maintains that any records under its maintenance
and/or control are exempt from production, please provide me in writing with the
specific basis for the exemption, including the statutory provision which may form
the basis for the exemption. In the absence of any such communication, I will
assume that all records shall be produced as they are identified and retrieved.
46 S.W. let Street, 3rd Floor, Miami, FL 33130 Ph: 305.381.6060 Fx: 305.381.9457 www.shubinbass.com
Thank you for your anticipated attention to this request.
Sincerely,
Deana D. Falce
For the Firm
cc: Laurence Feingold, City Attorney
SHUBIN & BASS, P.A.
2
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
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
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 & DATE CHANGE - APRIL 4, 2011
in the XXXX Court,
was published in said newspaper in the issues of
03/25/2011
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 paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertiseme r publication in the said
newspaper. r77
Sworn to and subscribed before me this
25 day of MARCH A.D. 2011 `—
(SEAL)
V. PEREZ personally known to me
B TWOMF S
�� r m,nfs,ld!t # [7 +, 937532
ExCh�rr t +6,P!hrZ,2013
k'p'` er,nlu ,h '1 "diMn wgdsg bG0an6 ?019
A 101
UM.".
CITY Of'SOUTicoili l
NOTICE OF PUBLI C;HEA7tING
ANDDATECHANGE'
`NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at iteregular pity commission
meeting scheduled for Morrie - April 4 20 I -beginning -at 7:30 p.m., in
the City Commission Chambers, 6130 Sunset - Drive, .to consider the fol-'
lowing item(s):
A Resolution of the MayoCand City Commission of the City of South
Miami, relating to a request pursuant to -$, cMipn 20 -4A(J) of the Land
and providing an effective oats
Board Establishmenrand 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
uwa Rtandards' Section �20-11.2 to be
to
A Ordinance of the
South Miami, Florid
conflict and an effective date.' \
: yu
A Resolution of the Mayor and City Commission of the City of Sou
Miami, Florida, authorizing the ;City Manager to execute a contra
agreement with PropertyRoom.com; Inc for auctioning of scroll
municipal properly; and providing for an affeutve date.
A Resolution of the Mayor and City Commission of the City of SOL
effective date.
A Resolution of the Mayor and City Commission of the City of South,
Miami, Florida, authorizing'' the City `Manager . to execubs I a
multi - annual se Ice agreement with .MacMillan Oil Company of
Florida, Inc, for th'e purchase and delivery of bulk fuel gasoline and
diesel for the Cltys7vehicle fleet and, equipment in the amount of
001 -1640- 524 - 5230; -001-
1910- 521 -5230 and 001- 2000 -S72 -5230; pro idmg;tor an epecave
date.
ALL interested parties are invited to attend and will be heard.
For further information Please contact the City Clerks office -af,
305-663-6340
Maria M. Menendez, CMC
City Clerk '..
Pursuant to Florida Statutes 286.0105; the City hereby . advises the public'
that if a person decides to appeal any decision made by this Board,
Agency or Commission.with respect to any matter considered at ftsl
meeting or hearing, he or she will need a record of the proceedings, and!.
that for such purpose; affected person may need to ensure that a verbatim'
record of the proceedings, is made which record includes the testimony
and evidence upon which the appeal is to tie based.
3125 , 11- 3- 130/1671473M
a
Z5 0
Lo « rn
tU g °pa o°^'Sy�'?'oy�vmN o d
v `°'° m•Z`m cU m'`
O
0 E to 0—. E _ _ Eo cdaN Ec orv°E° Z,O
c °w m c
i5 or
_«
E = m nN « gut
ro t° b W W w
s
v"
o
YES °mv ornHmNV ° 15 E F o•=oy i0 vng� `° °vn m.
`Lo NG °Ohio, �Z oUCm `"EO 0°Eav °dmoE . c a° �`'o°c `°"-. -° 1t
naE v25i10 Q Q' m
= _mE -O ,cv..v cimc -z °i 'rE °vo m m4- vti�o$ i &se",
EU a°m-"' nnvo ma
mE m -L`o W p mo m 3 cmOa ao« a ova m w �'o rn c ro " ��a o« 9E
qqI/ Soig USC? "; v.E o. ° °'m .- m` m c o -�'° `m3 Eo
LL i[ a.�•aa_°.FEa U WQ �dro �c`°i .E vaLn.: rn` o. -D a t6 or r ° cz_m U
®;i °R'vrnq > >E "` ( t7.�Q UNmo @oFr oNi° °= na. >3wE o
.� E'mic � c E c f E
U n$: h 'd O!
fm a o �od U O
m 6 ,
g a E
T!z EEE��SEmo.Ec YQZ Lac LOa
OEojsL o . L°o UMaOv . up UE mma
pOO Mo m m w mrn_'a .n a'co
n c = aoCc f 5°
c°
mxp p O«On.0 EE
)N tmY E —N VG Y NE E s
° 9° o Uo m�j
<c nE yco u 0 uj n p m a S e c my
�Apx' r5
c
m w
V aAi
a Em aE � E�m5 21 = Wq
Uo (� < ¢o> a`' o m2vE N v�o <o ¢o �rn� ¢ c A
U¢N - ¢u�acio E £anf ¢a ¢a a¢O ¢2mu�
d
c
p
E
LU
*
w
*
0
*
*
c
p
E