Ord. No. 12-96-1612ORDINANCE NO.12-96-1612
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE AMENDMENT
OF ORDINANCE NO.18-95-1591 WHICH CREATED AN HISTORIC
PRESERVATION BOARD;PROVIDING FOR AMENDING PARTS OF THE
LAND DEVELOPMENT CODE IN CONFLICT WITH THE NEW SECTION;
PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN
CONFLICT;AND,PROVIDING AN EFFECTIVE DATE.
WHEREAS,theCity Commission oftheCityof South Miamiis
authorized under Article II,sub-section 8 of the Charter of the
CityofSouthMiami,tocreateboardsandcommittees;and,
WHEREAS,theCity Commission previously created theERPB
[Environmental Review &Preservation Board]and charged itwith,
amongotherthings,designating,regulatingand protecting both
historic and archeological sites in the City;and,
WHEREAS,on October 5,1995,the City Commission created a
separateHistoricPreservationBoardandchargedtheboardwith
designating,regulating andprotectinghistoricand archeological
sites within the City of South Miami;and,
WHEREAS,on February 19,1996,and March 11,1996,the
Historic Preservation Board met and recommended minor changes to
Ordinance No.198-95-1591 and suggested changes to others parts
ofthe Land Development Code,whichparts may conflict with the
duties and powers ofthe Historic Preservation Board;and,
WHEREAS,the Mayor andtheCity Commission find thatitis
inthepublicinteresttoadoptsomeofthe suggested amendments.
NOW,THEREFORE,BEIT ORDAINED BYTHE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Ordinance No.18-95-1591 is revised to not only
create a new Section 20-6.1(D),but also to re-number sections
that follow,and amend the adopted section language as follows:
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(D)Historic Preservation Board
(1)Establishment and Membership.
(a)An Historic Preservation Board is hereby created which
shall consist of five (5)seven (7)members who reside
or work in the City.
i.TheMayor,with theadvice and consent oftheCity
Commission,shall appoint the members of the board.
ii.All members shall be familiar with the purposes of
preserving and protecting districts,structures or
sites having historic or archeological worth.
iii.Members shall serve for a term of two (2)years,with a
maximum of eight (8)years total service possible.
(b)Anyregularmemberoftheboardshallbeautomatically
removed for missing three (3)regular meetings ina row
or five (5)meetings ina twelve (12)month period.
i.The Planning &Zoning Director of Building and Zoning
shall keep a record of meetings missed.
ii.The Planning &Zoning Director shall advise the City
Commission and the member being removed that such
member has been automatically removed.
(2)Organization.
(a)Meetings.
i.The board shall hold one (1)regular meeting each month
on the last Monday of each month,except in June.
ii.Meetings shallnotbe held ifno designation reports,
plans,specificationsorscheduledmattersaretobe
submitted and/or initiated bv the board for review.
iii.Agendasofall meetings shall bepostedatCityHall
not less than three (3)working days prior to any
regularly scheduled meetings,excluding workshops.
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(b)The board shall elect from its membership a chairporaon
and vice-chairporoon for a one year non-successive
term,respectively.[Note:the HPB recommended that
non-successive terms not be required and that the term
"non-successive"be removed;staff does not concur.]
i.The chairporaon shall normally preside at all meetings
of the board.
ii.In the absence or recusal of the chairporoon,the
vice-chair shall preside.
(c)Atemporarychairporoonmaybeelectedatanymeeting
to serve when both the chairporoon and the
vice-chairporoon are absent or recused.
(3)Powers and duties.
(a)The board shall have all powers and duties granted by
state law.Metro-Dade County Code and this Code.
(b)The board shall review and recommend approval,
disapproval or modification ofall applications for
final approval bv City Commission of historic district
and historic site designations,and site plans and
specifications,and Certificates of Appropriateness,as
required under this code.
(c)The board shall maintain and update files from the Dade
County Historic Survey within the city for the purpose
of determining and promoting those districts and sites
of special historic or archeological value or interest.
(d)The board shall make recommendations to the City
Commission on the designation of historic districts and
sites,and archeological sites,pursuant to this code.
(e)The board shall endeavor to improve and expand the
Metro-Dade County Historic Survey with additional
sites,information,oral histories and any other
material as may be available and,periodically,tore
evaluate the survey to determine whether changing times
and values warrant recognition of new or different^
historic and/or archeological districts and sites.
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(f)The board shall,in reference to specific historic
districts or sites,or archeological sites,recommend
tothe City Commission theuseof preservation
incentives,including tax incentives and advantages.
(g)The board shallmakerecommendationstotheCity
Commission concerning application for and the
utilization of grants from federal and state agencies,
or from private groups and individuals,and the
utilization of city fundsto promote the preservation
of historically significant districts and sites and
archeologically significant sites.
(h)The board shall recommend contact of public and private
organizations and individuals,engageinhistoricand
archeological preservation education,and undertake all
reasonable and proper meansto promote preservation of
historically and archeologically significant properties
which are proposed for,or under threatof,demolition.
destruction or significant degradation.
(i)The board shall evaluate and comment upon decisions by
request of other public agencies affecting the physical
development and appearance of historically significant
districts and sites and archeologically significant
sites,or upon the request of the City Commission.
(j)Theboardshallrecommendapprovalofhistoricand
archeological markers for properties within thecity.
(k)The board shall advise the City Commission on matters
related to the use,administration and maintenance of
city-owned historically significant properties.
(1)The board shall promote and encourage communication and
exchange of ideas and information between the board and
owners of historically and archeologically significant
properties,potential developers,public officials,
financial institutions and other interested persons.
(m)The board shall have the responsibility to advise the
City administration andCity Commission ia on various
matters.,,in accordance with the terms of this code.
2ndReading:July 30th,1996 HistoricBoardRevisionsPage#4
(n)The board shall conduct any other function which may be
designated or assigned byactof the City Commission.
(4)Procedures.
(a)Quorum and voting.
i.A quorum shall be three (3)members,at lcaot onoof
whom ohall bo an architoct.
ii.An affirmative vote ofa majority of the members
present shall be required to pass upon any matter on
which the board is required to act under this code.
iii.In instances when the board considers a designation
report,a quorum shall consist of four (4)members,at
least one of whom shall be an architect.
(b)The board shall keep a permanent record of all
proceedings before it.
(c)Meetings ofthe board shallbe public and notification
of such meetings shall be given in accordance with code
provisions.If any scheduled meeting isnotheld,then
all applications scheduled for such meeting,except
designation reports,shall be heard and decided by the
Planning &Zoning Director of the Building^,and Zoning
and Community Development Department (or the director's
designee)no later thanthe end ofthe next business
day after the scheduled meeting wasto have been held.
The director's decision,if for approval,shall
constitute HPB approval.The oovon day appeal period
bcgino thoday after the director'o docioion.
(d)All approved designation reports,piano and
specificationo shall bear the official signature ofthe
chairporoon presiding atthe meeting at which such
reports,piano and opacifications are approved.
4e}Ifa oot of piano io denied^or modification io
recommended,tho board ohall,to tho groatoot extent
poooiblo,make opecific findingo aototho roaoono for
denial and modification,and recommend appropriate
changeo,—if poooiblo.
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(f)Financial Interest
i.Any member oftheboardwhohasaspecialfinancial
interest,direct or indirect,in any matter before the
board shall make that interest known and shall abstain
from participation therein in any manner.
ii.Willful failure to disclose such financial interest
shall constitute malfeasance in office and shall render
the action voidable by the City Commission.
Section 2.Section 20-4.6 (E),"Historic and Archeological
Sites,"and 20-4.6 (F),"Demolition of Historic Structures,"is
moved and re-named Sections (A)and (B),respectively,under a
newlycreatedSection 20-4.9,"Historic Preservation Standards."
Section 3.Section 20-5.17,"Designation of Historic Sites,"
is amended as follows:
20-5.17 Designation Of Historic Sites
(A).Report Required.
Prior tothe designation ofan individual historic or
archeological site,aninvestigationandformal designation
reportmustbefiledwiththe Environmental Review&Prooorvation
Board Historic Preservation Board.
(B)Environmcntal Historic Preservation Board Recommendation.
The Environmental Board Historic Preservation Board shall make
recommendations tothe City Commission concerning all properties
proposed as historic sites,districtsor archeological zones.
(C)Proposals and Preliminary Evaluation and Recommendation.
(1)Application for designation of individual properties and
districts may bemadetothe Planning &Zoning Division
Building and Zoning Department by any member ofthe Historic
Preservation Board,the Environmental Review &Preservation
Board,the City Commission,the City administration orthe
property owner(s)ofthe subject property for designation.
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(2)The Environmental Historic Preservation Board shall conduct
a preliminary evaluationofavailabledataforconformance
with the criteria set forth herein and may direct the
preparationofa formal designation reportbyoneofthe
members of the board.The Historic Preservation Board may
then meet asa body and develop recommendations to transmit
totheCity Commission regarding designations.
(D)Envi ronmcn tal Historic Preservation Board Public Hearing.
(1)Public Hearing Requirement
The Environmental Review and Prooorvation Board ohall City
Commission may hold apublichearing,pursuant to notice
requirements of thio code sub-section (2)andas required by
the provisions of City Charter,on each proposed designation
withinforty-five (45)calendardaysoftherecommendation
bytheHistoric Preservation Boardand/orthefilingofthe
completed designation report.
(2)Notice Requirement
At least fifteen (15)calendar days prior to the public
hearingforeachproposeddesignationofanindividual site,
district or zone,the board Planning &Zoning Director shall
maila copy ofthe designation reporttothe owner atthe
address listed on the most recent tax rolls as notification
of the intent of the board City Commission to consider
designation of the property.
(3)Objections
4rtf Upon notification,any owner ofa property proposed for
individual designation who wishes to object shall
submit tothe City Clerk's Office a notarized statement
certifying that heorohoiothe oole property owner
the objection tothe and objoeto to tho designation.
4fe)—The property ohallnotbo dooignatcd ifan objection io
filed.
4e}—Multiple ownorohip of oinglo,private proportioo or
diotrioto ohall not be dooignatcd ifa majority of
ownoroobject to ouch dooignation.
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4d}Upon rocoipt of notarised objoctiono roopooting a
diotrict or oinglo private property with multiple
ownero,—tho City ohall aocortain whether a majority of
ownoro of private property havo objected.
4e}If an owner whooo namo did not appear on tho tax rollo
ecrtifioo in a written notarized otatomont that the
party iothe oole or partial owner ofa nominated
private property propoood for dooignatioHr?—ouch owner
ohall be counted once rogardlooo of how many propertioo
or what part ofone property that party owno rogardlooo
of whether tho property contributoo totho oignifieancc
of the diotrict.
(E)Envi ronmcn tal Historic Preservation Board Findings.
(1)If the board finds that the proposed designation meets the
intent and criteria set forth in this code,it shall
transmit such recommendation to the City Commission,with
the designation report and any additions or modifications
deemed appropriate.
(2)If the board finds thatthe proposed designation does not
meet the intent and criteria in this code,no further action
shallberequired,exceptthatthe board's action may be
appealedinaccordancewiththeprovisionsofthis code.
(F)Planning Board Review.
Followingafavorable recommendation bythe Environmental Review
and Historic Preservation Board,a proposed designation shall
alsobe reviewed bythePlanningBoardifthe proposed historic
site and/or district regulations would change any existing zoning
districtregulationssuch as.for example,permitted use,height,
floor area ratio,yard setbacksor off-street parking.
Section 4.Section 20-5.18,"Historic Designation Reports,"
is amended as follows:
20-5.18 Historic Designation Reports
(A).Report Format and Contents.
Report format designating historic or archeological sites may
2nd Reading:July 30th,1996 Historic Board Revisions Page #8
vary according to the type of designation.All reports shall
address the following:
(1)Historical,cultural,architectural and archeological
significance ofthe property or properties being recommended
for designation;
(2)Projected,proposed or existing public improvements and
developmental or renewal plans;
(3)Boundary recommendations for historic districts and
archeological zonesand identification of boundaries of
individual sites being designated;and.
(4)A signed and sealed survey ofthe subject property by a
registered surveyor.A recommendation of otandardo tobo
adopted bytho Environmental Review and Prooorvation Board
in carrying outito regulatory function under thiocode with
rcopoot to reviewing futurepropooalofor modificationo or
for cortificatoo to dig.
(B)Nonconforming Properties.
Whereareportisfiledrecommending designation ofadistrict,
thereportmust identify thoseproperties,if any,within the
district which are not historically or architecturally compatible
with structures in the districts and such report shall provide
standards for regulating such nonconforming properties.
Section 5.Section 20-5.19,"Demolition of Designated Sites,"is
amended as follows:
20-5.19 Demolition Of Designated Sites,Demolition by Neglect
and Certificates of Appropriateness
(A)Order Required.
Demolition ofa designated building,structure,improvement,or
sitemayonlyoccurpursuanttoanorderofagovernmentalagency
oracourtof competent jurisdiction or pursuant toan approved
applicationbythe owner.Demolition bv neglector significant
degradation of a designated building,structure,improvement or
site is hereby declared to be a violation of this code,and is
subject tothe penalties and provisions set forth under §20-6.
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(B)Notice Required.
(1)Governmental agencies having the authority to demolish
unsafe structures shall receive notice of designation of
individual sites,districts,or archeological zones pursuant
to this code from the Historic Preservation Board.
(2)The Environmental Review and Historic Preservation Board
shall be deemed an interested party and shall be entitled to
receive notice of any public hearings conducted by said
governmental agency and the owner relative tothe
feasibility of_,_and the public interest in^preserving the
designated property,or significant relics and artifacts.
(C)Demol i ti on Approva1.
(1)Nopermitforvoluntarydemolitionofa designated building,
structure,improvement orsite shall be issued tothe owner
thereof until an application for approval and the reasons
therefore have been submitted and approved bv the Planning &
Zoning Division,pursuant tothe procedures inthiscode.
(2)The Environmental Review and Historic Preservation Board may
petition the City Commissiontograntdemolitionapproval
with a delayed effective dateofupto six (6)months.
(3)Grant ofa demolition approval shall be evidenced by written
order of the Planning &Zoning Division detailing the public
interest which is sought to be preserved.
(4)Such written order may be appealed tothe City Commission,
pursuant to provisions ofthiscode.
(D)Structure Preservation.
(1)During thedemolitiondelay period,theboardmaytakesuch
action as it deems necessary to preserve the structure
concerned,in accordance with the purposes of this code.
(2)Suchstepsmay include,butshallnotbelimited to:
(a)consultation with civic groups,agencies and interested
citizens;
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(b)recommendations for acquiring property by public or
private bodies or agencies;andj_
(c)exploration ofthepossibilityofmovingone (1)or
more structures or other features.
(E)Certificate of Appropriateness.
(1)Certificate required as prerequisite to alteration,etc.
Pursuant toa recommendation bythe Planning &Zoning
Director of the need for an appropriateness review,no
building,structure,improvement,landscape feature or
archeological site within the City of South Miami which is
designated pursuant to this Code shall be erected,altered,
restored,renovated,excavated,moved,or demolished until
an application for a "Certificate of Appropriateness"
regarding any architectural features,landscape features,or
site improvements has been submitted to and approved
pursuant totheproceduresinthissection.
Architectural features shall include,but not be limited to.
the architectural style,scale,massing,siting,general
design,and general arrangement of the exterior of the
building or structure,including the type,style and color
of roofs,windows,doors and appurtenances.Landscape
features and site improvements shall include,but are not
limited to.site regarding,subsurface alterations,fill
deposition,paving,landscaping,walls,fences,courtyards,
signs and exterior lighting.
No certificate of appropriateness shall be approved unless
the architectural plans for said construction,alteration,
excavation,restoration,renovation,relocation or
demolition are approved by the City Commission.
(2)Standards for issuance.
The Historic Preservation Board shall adopt and may,from
time to time,amend the standards by which applications for
any certificate of appropriateness may be evaluated.
In adopting these guidelines,it shall be the intent of the
Board to promote maintenance,restoration,adaptive reuses
2nd Reading:July 30th,1996 Historic Board Revisions Page #\\
appropriate to the property,and compatible contemporary
designs that are harmonious with the exterior architectural
and landscape features of neighboring buildings,sites,and
streetscapes.These guidelines may also serve as criteria
for Planning &Zoning Director to make decisions regarding
the need for an applications for a certificates.
(3)Procedures.
(a)An applicant for a certificate of appropriateness shall
submit an application tothe Planning &Zoning Division
and accompany such application with full plans and
specifications,site plan,and samples of materials as
deemed appropriate to fully describe the proposed
appearance,color,texture,or materials,and
architectural design of the building and any
outbuilding,wall,courtyard,fence,landscape feature,
paving,signage,and exterior lighting.
The applicant shall provide adequate information to
enable visualization of the effect of the proposed
action on the applicant's building and its adjacent
buildings and streetscapes.
If such application involves a designated archeological
site,the applicant shall provide full plans and
specifications of work that may affect the surface and
subsurface of the archeological site.
(b)The Historic Preservation Board shall hold a public
meeting upon an application fora certificate of
appropriateness affecting designated properties in
order to make recommendations to the City Commission.
(c)The City Commission shall act upon an application
within sixty (60)days of receipt of application
materials adequately describing the proposed action.
The City Commission may approve,deny or approve in
modified form an application,subject to the acceptance
ofthe modification bv the applicant,or suspend action
on the application fora period not to exceed thirty
(30)days in order to seek technical advice from
outside its members or to meet further with the
applicant toreviseor modify the application.
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Notice and procedure of the public hearing bv the City
Commission shall be given to the property owner(s)by
certified mail and to other interested parties bv
advertisement in a newspaper of general circulation at
least ten (10)days prior to the public hearing.
(d)The decision of the City Commission shall be issued in
writing.Evidence of approval of the application shall
be bv certificate of appropriateness issued inthe form
of a resolution of the Citv Commission and,whatever
the decision,notice in writing shall be given to the
applicantandtotheDirectorofPlanning&Zoning.
(e)If a set of plans is denied,or modification is
recommended,the Citv Commission shall,to the extent
possible,make specific findings astothereasonsfor
denial and modification,and recommend appropriate
changes,if possible.
(4)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 Citv Manager shall
designate an official to perform necessary inspections in
connection with enforcement of this chapter,who shall be
empowered to issue a stop work order if performance is not
in accordance with the issued certificate.
No work shall proceed as long as a stop work order continues
in effect.Copies of inspection reports shall be furnished
to the Citv Manager and copies of any stop work orders shall
be furnished to both the Historic Preservation Board and the
applicant.The designated official shall ensure that work
not in accordance with a certificate of appropriateness
shall be corrected to comply with the certificate of
appropriateness prior to withdrawing the stop work order.
(5)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 toa building
2ndReading:July 30th,1996 Historic Board Revisions Page#13
or site,pursuant to an order of a government agency or a
court of competent jurisdiction.
The owner of a building damaged bv fire or natural calamity
shall be permitted to stabilize the building immediately
without approval and to rehabilitate it later under the
normal review procedures of this chapter.
Section 6.Section 20-6.1(0,entitled "Environmental Review
&Preservation Board,"is amended as follows:
(C)Environmental Review and Preservation Board
(1)Establishment and Membership.
(a)An Environmental Review and Preservation Board is
hereby created which shall consist of seven (7)members
who reside or work in the City.
i.The Mayor,with the advice and consent ofthe City
Commission,shall appoint the members of the board.
ii.Board membership shall include at least two (2),but no
more than four (4),architects or landscape architects
licensed to practice in the State of Florida.
iii.All membero ohall bo familiar with the purpooco of
prooorving and protecting otructuroo and oitoo having
hiotoric worth.
iv.Members shall serve for a term of two (2)years.
(b)Thoro ohall be two—(3-)—additional opocial membero of
the board who aro hiotoric prooorvationioto or
hiotoriano.
4ef Any regular memberoftheboardshallbe automatically
removed for missing three (3)regular meetings ina row
or five (5)meetings ina twelve (12)month period.
i.The Planning &Zoning Director of Building and Zoning
shall keep a record of meetings missed.
ii.The Planning &Zoning Director shall advise the City
2nd Reading:July 30th,1996 Historic Board Revisions Page#14
Commission and the member being removed that such
member has been automatically removed.
(2)Organi za ti on.
(a)Meetings
i.The board shall hold two (2)regular meetings each
month,on the first and third Tuesday of each month.
ii.Meetings shall not be held if no plans,specifications
or dooignation roporto items are submitted for review.
iii.Agendas of all meetings shall be posted at City Hall
not less than three (3)working days prior to any
meetings unlooo a hiotoric dooignation report hao boon
filod.
(b)The board shall elect from its membership a chairman
and vice-chairman for a one year non-successive term,
respectively.
i.The chairman shall normally preside at all meetings of
the board.
ii.In the absence or recusal of the chairman,the
vice-chairman shall preside.
(c)A temporary chairman may be elected at any meeting when
both the chairman and vice-chairman are absent or
recused.
(3)Powers and duties.
(a)The board shall have all such powers and duties as are
granted by otato law and thiscode.
(b)The board shall review and recommend approval,
disapproval or modification onallsite plans.proj ects
and specifications as required under the board's
mandatory review pursuant tothiscode.
(c)The board ohall maintain and update filoo from tho Dado
County Hiotoric Survey within thoCityfortho purpooo
of determining and promoting thooo proportion and
2nd Reading:July 30th,1996 Historic Board Revisions Page #15
noighborhoodo of opccial hiotoric,aoothotic,
architectural,cultural,social or political valuo or
intoroot.
4d^—The board ohall recommend tho dooignation of hiotoric
oitoo pursuant to thio oodo.
4e9—Tho board ohall ondoavor to improve and ejtpand tho Dado
County Hiotoric Survey with additional oitoo,
information,oral hiotorieo and any other material ao
may boavailable;and periodically rocvaluato tho
Survey to determine whether changing timoo and valuoo
warrant recognition of now or different aroao.
4#)—The board ohall,in reference to opccifie properties,
hiotoric diotrict or archaeological diotricto,
recommend to tho City Commiooion tho uoe of
prooorvation incontivoo.
4g}—Tho boardohallmake rccommcndationo totheCity
€emmiooion concerning application for and tho
utilisation of granto from federal and otate agoncioo
or private groupo and individualo,—and utilisation of
City fundo to promote the prooorvation of
environmentally,hiotorioally and aoothctically
significant proportioo and noighborhoodo.
4fe)—Tho board ohall contact public and private
organisationo and individualo,and ondoavor to onouro
prooorvation of environmentally,hiotorioally and
aesthetically oignifioant proportioo which aro propoood
for dootruction.
-fi-)—Tho board ohall evaluate and comment upon docioiono of
other public agoncioo affecting tho physical
dovolopmont and appearance of environmentally,
historically and aoothctically oignifioant proportioo
and noighborhoodo.
4^-)—The board ohall recommend approval of hiotoric markero
and recognition of hiotoric proportioo within thoCity.
-4k)—The board ohall advioc the City Commiooion on matters
related to the uoo,—administration and maintenance of
City owned hiotoric proportioo.
2ndReading:July30th,1996 Historic Board RevisionsPage#\§
41-)The board ohall promote and encourage communication and
exchange of idoao and information between tho board and
ownoro of hiotorioally and environmentally oignifioant
proportioo,potential dovoloporo,public offioialo,
financial inotitutiono,—etc.
4m)-The board shall review the scale,color,texture and
appropriateness ofall proposed buildings,additions,
signs and other structures;thequantity,quality and
arrangement ofall proposed landscaping and open space
features;and the overall compatibility of the proposed
development with the existing character of the
neighborhood.
(d)4nf The board shall have the power and the duty to hear and
decide matters,specifically prescribed bv and,in
accordance with the terms of this code.
(e)4e4-The board shall conduct any other function which may be
designated or assigned by act of the City Commission.
(f)-4pf Notwithstanding any other provisions of this code,the
Environmental Review and Preservation Board shall not
review any additions or alterations to single-family
dwellings involving windows,—dooro,patio olabo or re
roofing where there io no change in the roof pitch,
unless in the opinion of the Planning &Zoning Director
of Building and Zoning,it would significantly affect
the character of the residence.
(4)Procedures.
(a)Quorum and Voting
i.A quorum shall be three (3)members.
ii.An affirmative vote ofa majority of the members
present shall be required to pass upon any matter on
which the board is required toact under this code.
iii.In instances whon the board oonoidoro a dooignation
report,—a quorum ohall conoiot of oix (6)momboro,
including both opccial mcmbero.
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(b)The board shall keep a permanent record of all
proceedings before it.
(c)Meetings of the board shall be public and notification
of such meetings shall be given in accordance with code
provisions.
If any scheduled meeting is not held (whether for lack
of quorum or otherwise),then all applications
scheduled for such meeting shall be heard and decided
by the Planning &Zoning Director ofthe Building,
Zoning and Community Development Department (orthe
director's designee)no later than the end of the next
business day after the scheduled meeting was to have
been held.The director's decision,if for approval,
shall constitute ERPB approval.The seven-day appeal
period begins theday after the director's decision.
(d)All approved plans and specifications shall bear the
official signature of the chairman presiding at the
meeting at which such plans and specifications are
approved.
(e)Ifasetof plans is deniedj.or modification is
recommended,the board shall,to the greatest extent
possible,make specific findings asto the reasons for
denial and modification,and recommend appropriate
changes,if possible.
(f)Financial Interest
i.Any member ofthe board whohasa special financial
interest,direct or indirect,in any matter before the
board shall make that interest known and shall abstain
from participation therein in any manner.
ii.Willful failure to disclose such financial interest
shall constitute malfeasance in office and shall render
the action voidable by the City Commission.
Section 7.Section 5.11(A)(3),regarding the required review
bytheERPBofalterationor demolition ofadesignatedhistoric
property or site,isherebydeletedinitsentirety.
2nd Reading:July 30th,1996 Historic Board Revisions Page #18
Section 8.The definition for "Historic building"contained
under Section 20-7.5,"Definitions,"is amended as follows:
Historic building:A building that has been designated by the
Cityof South Miami per the historic preservation portion ofthe
environmental review and prooorvation board regulations.
Section 9.The definition for "Contrijbutive building"under
Section 20-7.5,"Definitions,"is amended as follows:
Contributive building:Buildings officially identified on the
regulating plan for their architectural merit,historic
significance,or effectiveness at creating quality public spaces;
those properties areto receive special consideration for parking
and arc subject to Section 20 5.19 of the Code.
Section 10.If any section,clause,sentence,or phrase of
this ordinance is for any reason held invalid or unconstitutional
bya court of competent jurisdiction,the holding shallnot
affect the validity ofthe remaining portions of this ordinance.
Section 11.All ordinances or parts of ordinances in
conflict with the provisions ofthis ordinance are hereby
repealed.
Section 12.This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 30-th day of July,1996.
ATTEST:
6L4diJjU^\_
CITY CLERK
1st Reading-Juried,1996
2nd Reading -July 30,1996
READ AND APPROVED AS TO FORM
/C-^.6*-^JJ^,r
CITY ATTORNEY
2nd Reading:July 30th,1996
APPROVED:
*<£64&u
MAYOR
COMMISSION VOTE:
Mayor Cunningham:
Vice Mayor Robaina:
Commissioner Price:
Commissioner Bethel
Commissioner Young:
5-0
Yea
Yea
Yea
Yea
Yea
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Historic Board Revisions Page#\g