Ord. No. 18-95-1591ORDINANCE NO.18-95-1591
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA,CREATING AN HISTORIC
PRESERVATION BOARD;PROVIDING FOR AMENDING PARTS OF THE
LAND DEVELOPMENT CODE IN CONFLICT;PROVIDING FOR
SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the South Miami City Commission is authorized under
Art.II,§8of the Charter of the City of South Miami to create
boards and committees;and,
WHEREAS,the City Commission previously created the
Environmental Review and Preservation Board and charge itwith,
among other things,designating,regulating and protecting historic
and archeological sites;and,
WHEREAS,the City Commission desires to create a separate
Historic Preservation Board and charge it with designating,
regulating and protecting historic and archaeological sites.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Section 20-6.1(D)of the South Miami Land
Development Code is created to read:
(D)Historic Preservation Board.
(1)Establishment and Membership.
(a)AnHistoricPreservationBoardis hereby created
which shall consist offive(5)members who reside
or work in the city.
i.The mayor,with the advice and consent of the
city commission,shall appoint the members of
the board.
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iii.All members shall be familiar with the
purposes of preserving and protecting
districts,structures,or sites having
historic or archaeologic worth.
iv.Members shall serve for a term of two (2)
years.
(b)Any regular member of the board shall be
automatically removed for missing three (3)regular
meetings ina row or five (5)meetings in a twelve
(12)month period.
i.The director of building and zoning shallkeep
a record of meetings missed.
ii.The director shall advise the city commission
and the member being removed that the member
has been automatically removed.
(2)Organization.
(a)Meetings.
i.Theboardshallholdone (1)regularmeeting
each month,
ii.Meetings shallnotbe held ifno designation
reports,plans,specifications or scheduled
matters are submitted for review,
iii.Agendas ofall meetings shall be posed at City
Hallnotless than three (3)working days
prior to any meetings.
(b)The board shall elect from its membership a
chairperson and vice-chairperson for a one year
non-successive term.
i.The chairperson shall preside at all meetings
of the board,
ii.In the absence or recusal of the chairperson,
the vice-chair shall preside,
iii.A temporary chairperson may be elected at any
meeting to serve when both the chairperson and
the vice-chairperson are absent or recused.
(3)Powers and Duties.
(a)The board shall have all powers and duties granted
by state law and this code.
(b)The board shall review and recommend approval,
disapproval or modification of all applications for
historic district and historic site designation,
and site plans and specifications,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 recommend to the Commission the
designation of historic districts and sites
pursuant to this code.
(e)The board shall endeavor to improve and expand the
Dade County Historic Survey with additional sites,
information,oral histories and any other material
as may be available and,periodically,to re
evaluate the survey to determine whether changing
times and values warrant recognition of new or
different districts and sites.
(f)The board shall,in reference to specific historic
districts or sites,or archaeological sites,
recommend to the city commission the use of
preservation incentives.
(g)The board shall make recommendations to the city
commission concerning application for and the
utilization of grants from federal and state
agencies,or from private groups and individuals,
and the utilization of city funds to promote the
preservation of historically significant districts
and sites and archaeologically significant sites.
(h)The board shall contact public and private
organizations and individuals,engage in historic
and archeological preservation education,and
undertake all reasonable and proper means to
promote preservation of historically and
archaeologically significant properties which are
proposed for,or under threat of,destruction or
significant degradation.
(i)The board shall evaluate and comment upon decisions
of other public agencies affecting the physical
development and appearance of historically
significant districts and sites and
archaeologically significant sites.
(j)The board shall recommend approval of historic and
archeological markers for properties within the
city.
(k)The board shall advise the city commission on
matters related to the use,administration and
maintenance of city-owned historic properties.
(1)The board shall promote and encourage communication
and exchange of ideas and information between the
board and owners of historically and
archaeologically significant properties,potential
developers,public officials,financial
institutions and other interested persons.
(m)The board shallhavethe responsibility to advise
the City administration and Commission in powor and
tho duty to hoar and dooido matters in accordance
with the terms of this code.
(n)The board shall conduct any other function which
may be designated by the city commission.
(4)Procedures.
(a)Quorum and voting.
i.A quorum shall be three (3)members,at least
one of whom shall be an architect.
ii.An affirmative vote of a majority of the
members present shall be required to pass upon
any matter on which the board is required to
act under this Code.
iii.In instances when the board considers a
designation report,a quorum shall consist of
four (4)members.
(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,then all applications
scheduled for such meeting,except designation
reports,shall be heard and decided by the director
of building and zoning (or the director's designee)
no later than the end of the next business day
after the scheduled meeting was to have been held.
The director's decision,if for approval,shall
constitute HPB approval.The seven-day appeal
period begins the day after the director's
decision.
(d)All approved designation reports,plans and
specification shall bear the official signature of
the chairman presiding at the meeting at which such
reports,plans and specifications are approved.
(e)Ifa set of plans is denied or modification is
recommended,the board shall,to the greatest
extent possible,make specific findings as to the
reasons for denial and modification,and recommend
appropriate changes,if possible.
(f)Financial interest.
i.Any member ofthe board who hasaspecial
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 2.The director of building and zoning shall
review the land development code and recommend amendments to the
code,prior to the second reading ofthis ordinance,to accomplish
separation of the duties and responsibilities of the Environmental
Review and Preservation Board and the Historic Preservation Board
and to eliminate conflicts between the provisions in Section 1of
this ordinance and the existing provisions of the land development
code.
Section 3.Upon appointment to the Historic Preservation
Board,the members shall immediately undertake to (1)recommend a
budget;(2)recommend contracting with a consultant for providing
preservation and designation services;and,(3)recommend specific
historic district designation,and historic and archaeologic site
preservation,guidelines and standards.
Section 4.If any section,clause,sentence,or phrase of
this ordinance is for any reason held invalid or unconstitutional
by a court of competent jurisdiction,the holding shall not affect
the validity of the remaining portions of this ordinance.
Section 5.All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 6.This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this
ts^jttaj^Ud^So
CITY CLERK
1st Reading
2nd Reading
8/15/95
10/5/95
READ ANp>APPROVED AS TO FORM:
CITY ATTORNEY
hlspres.ord
1995.
MAYOR,NeilCarver
)R CARVER YEA \T<[i^
VICE MAYOR YOUNG YEA
YEA
WAY
COMMISSIONER BASS
COMMISSIONER COOPER YEA \S
nay
COMMISSIONER CUNNINGHAM YEA
S
NAY