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97-3095 ORD ORDINANCE NO. 97-3095 AN ORDINANeE OF THE MAYOR AND elTY eOMMISSION OF THE elTY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, BY AMENDING SEeTION 19 ENTITLED "HISTORIC PRESERVATION BOARD AND HISTORIC DISTRICT REGULATIONS" BY AMENDING SUBSECTION 19-2.E TO CLARIFY AND EXPAND THE PURPOSE OF THE HI STORIe PRESERVATION BOARD, BY AMENDING SUBSEeTION 19-3.B.2 TO CLARIFY THE SCOPE AND APPLICABLE EXEMPTIONS OF THE SECTION, BY AMENDING SUBSECTION 19-4.A TO EXPAND UPON THE DUTIES OF THE HISTORIC PRESERVATION BOARD, BY AMENDING SUBSECTION 19-6.C.6(2) TO eLARIFY PROCEDURES FOR DECISIONS ON CERTIFleATES OF APPROPRIATENESS FOR DEMOLITION, BY AMENDING SUBSEeTION 19- 8.E TO eLARlFY AND EXPAND THE REQUIREMENTS FOR MAINTENANCE OF PROPERTIES WITHIN A DESIGNATED HISTORIC DISTRICT AND HISTORIe SITES, INCLUDING THE RIGHT TO IMPOSE LIENS; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, The eity of Miami Beach wishes to preserve it's unique architectural history and to maintain the integrity of existing structures in the eity's designated historic districts and sites; and WHEREAS, The City of Miami Beach Historic Preservation Board is the primary vehicle for preserving this historic and architectural integrity; and, WHEREAS, The City of Miami Beach desires to expand and enhance existing procedures of the Historic Preservation Board as they pertain to the maintenance of existing buildings and structures in the local designated historic districts in order to preserve the historical and architectural integrity and character of the eity; and, WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND elTY eOMMISSION OF THE elTY OF MIAMI BEAeH, FLORIDA: SECTION 1. That Section 19, entitled "Historic Preservation board and Historic District Regulations" of Zoning Ordinance 89-2665 of the eity of Miami Beach, Florida is hereby amended as follows: 1 19-2 PURPOSE The general purpose of these regulations is to protect and encourage the revitalization of Sites and Districts within the eity having special historic, architectural or archeological value to the public. This general purpose is reflected in the following specific goals: a. The identification of Historic Sites and Districts. b. The protection of such Historic Sites and Districts to combat urban blight, promote tourism, foster civic pride, and maintain physical evidence ofthe eity's heritage; The encouragement and promotion of restoration, preservation, rehabilitation and reuse of Historic Sites and Districts by providing technical assistance, investment incentives, and facilitating the Development review process; The promotion of excellence in urban design by assuring the compatibility of restored, rehabilitated or replaced Structures within designated Historic Districts. c. d. e. The protection of all existin~ buildings and structures in the City's desi~nated historic districts or on desi~nated historic sites from unlawful demolition. demolition by ne~lect and the failure of property owners to maintain and preserve the structures. 19-3 SeOPE AND EXEMPTIONS 121 a. ~ Unless expressly exempted by Sub-Section 19-3,B below, no Building Permits shall be issued for new construction, Demolition, Alteration, rehabilitation, signage or any other physical modification of a Historic Site, Historic Building, Historic Structure, Historic Improvement, Historic Landscape Feature or any Building or Structure located within a Historic District without the prior issuance of a eertificate of Appropriateness or eertificate to Dig by the Historic Preservation Board in accordance wIth the procedures specified in this Section. For purposes of this Section, Alteration shall be defined as any change affecting the external appearance of a Structure or other features of the site including but not limited to landscaping and relationship to other Structures, by additions, reconstruction, remodeling, or maintenance involving a change in color, form, texture, si~nage or materials, or any such changes in appearance of designated interiors or in sigmficant architectural features of the public areas of interiors of Historic and Contributing Buildings. b. Exemptions The following permits are exempt from the regulations of this Section: l. All permits for plumbing, heating, air conditioning, elevators, fire alarms and extinguishing equipment, and all other mechanical and electrical equipment not involving Exterior facade changes or construction visible from the public right-of-way or a designated interior. 2 II. Any permit necessary for compliance with a lawful order of the Buildmg Official, Dade County Unsafe Structures Board, Fire Marshall, or Public Works Director when issuance of such permit on an immediate basis is necessary for the public health or safety or to prevent injury to life, limb or property. In the event that compliance includes demolition of a Historic Building, Historic Structure, Historic Site, Historic Landscape Feature or eontributing Building or Structure within a Historic District, an emergency meetin~ of the Historic Preservation Board shall be called prior to the demolItion being authorized, unless the work is of an emergency nature and must be done before a meeting could be convened. The Board may offer alternative suggestions regarding the need for demolition; herwc'..cr, these su~~estions shall be taken into consideration by the official issuing the final determination re~ardine demolition. However. the final determination regarding demolition shall be made by the official issuing the Order. In the event that the Board does not hold the meeting prior to the scheduled demolition, the demolition may take place as scheduled. iii. Any permit issued for an existing Structure in a designated Historic District which has been specifically excluded from the District. 19-4 HISTORIe PRESERV A nON BOARD 121 There is hereby created a Miami Beach Historic Preservation Board for the purposes of carrying out the provisions of this Section. The Board shall have the authority to recommend the designation of areas, places, Buildings, including the public portions of interiors of Buildings, Structures, Landscape Features, Archeological Sites and other Improvements or physical features, as individual Buildings, Structures, Improvements, Landscape Features, Sites, districts, or archeological zones that are significant to the eity's history, architecture, archeolo~, or culture or possess an integrity of location, design, setting, material or workmanshIp, in accordance with the goals of this Section to grant eertificates of Appropriateness and to determine whether a Historic Building, Historic Structure, Historic Site, HIstoric Landscape Feature, or Building or Structure located within a Historic District or architecturally significant feature of a public area of a Historic or Contributing Building may be altered or demolished. a. Powers and Duties The Board shall: n. Recommend to the Planning Board, and eity eommission, the designation of Historic Buildings, (including where appropriate significant architectural features of public areas of interiors,) Structures, Improvements, Landscape Features and Historic Sites or Districts. Prepare and recommend for adoption specific guidelines for each desIgnated Site or district to be used to evaluate the appropriateness and compatibility of proposed Alteration or Development within designated Historic Sites or Historic districts. I. Ill. Issue or deny Certificates of Appropriateness, eertificates to Dig and Certificates of Appropriateness for Demolition in accordance with procedures specified in this Section. 19.3 IV. Recommend restoration of property to its prior condition as required by Subsection 19-9 herein when the property has been altered in violation of this Section. IX. Advise the Board of Adjustment with regard to Variances associated with properties designated as Historic Sites, Historic Buildings, Historic Structures, Historic Improvements, Historic Landscape Features or any Building or Structure located within a Historic District or a National Register District throu~h written recommendation to be read into the record by the Plannmg and Zoning Director at the Board of Adjustment's hearing. Facilitate the redevelopment of Historic Sites and Districts by directing the Historic Preservation and Urban Design Department, and other eity departments, to provide advisory and technical assistance to Property Owners, Applicants for eertificates of Appropriateness. 51 Make and prescribe by-laws and application procedures that are reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this Section. The Board shall prescribe forms for use by Applicants when requesting action under this Section. The Board may authorize anyone of its members to administer oaths and to certify official documents. Award historic markers or plaques upon the recommendation of the eity Manager and with the consent of the eity eommission. S3 Update and revise the Historic Properties Data Base. Advocate that the City Administration explore and advise the Historic Preservation Board and the Building Official as to alternatives available for stabilizing and preserving inadequately maintained and/or unsafe buildings or structures within the eity's desi~nated historic districts or on designated historic sites. v. VI. VB. Vlll. x. 19-6 ISSUANeE OF eERTlFleATE OF APPROPRIATENESS/CERTIFleATE TO DIG/ eERTIFleATE OF APPROPRIATENESS FOR DEMOLITION 121 A eertificate of Appropriateness issued under the authority of the Historic Preservation Board or Joint Design ReviewIHistoric Preservation Board shall be required prior to the issuance of any permit for new construction, Demolition, Alteration, rehabilitation, slgnage or other physical modification affecting any property located in a Historic District or designated under the provisions of Subsection 19-5 as a Historic Building, Historic Structure, Historic Improvement, Historic Landscape Feature or Historic Site or affecting a significant architectural feature of a public area of an interior of a Historic or eontributing Building unless the permit applied for is exempted pursuant to Section 19-3,B. A Certificate to Dig shall be required prior to the initiation of any Development involving the excavation or fill on a Historic Site or in a Historic district designated as archaeologically significant pursuant to the provisions of this Section. The procedure to obtain a eertificate to Dig, or to designate a Historic Site as archaeologically significant, shall be the same as indicated below for a Certificate of Appropriateness. e. Decisions on Certificates of Appropriateness 4 1. A decision on an application for a eertificate of Appropriateness shall be based upon evaluation of the compatibility of the physical Alteration or Improvement with surrounding properties and where applicable compliance with the following: a. The Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as revised from time to time; b. Other guidelines/policies/plans adopted or approved by resolution or ordinance by the City Commission. 2. In determining whether a particular application is compatible with surrounding properties the Board shall consIder the following: a. Exterior architectural features. b. General design, scale and arrangement. c. Texture and material and color. d. The relationship ofa,b,c, above, to other structures and features of the district. e. The purpose for which the district was created. f. The relationship of the size, design and sitting of any new or reconstructed structure to the landscape of the district. 3. Where, by reason of particular Site conditions and restraints or because of unusual CIrcumstances applicable to a particular Applicant's property, strict enforcement of the proVIsions of this Section would result in an undue economic hardship to the Applicant, the Board shall have the power to vary or modify the J?rovisions in this Section, including adherence to the adopted Evaluation GUIdelines. Any applicant wishing to assert undue hardship must furnish to the Board's staff no later than fifteen (15) days prior to the Board's meeting, to consider the request, ten (10) copies of a written statement presentmg the factual data establishing such economic hardship. The written statement presenting factual data shall be in the form of a sworn affidavit containing all of the following information: 160 a. The amount paid for the property, the date of purchase and the party from whom purchased: The assessed value of the land and improvements thereon according to the three (3) most recent assessments: Real estate taxes for the previous five (5) years: b. c. d. All appraisals obtained within the previous five (5) years by the owner or Applicant in connection with his purchase, financing or ownership of the property: Any listing of the property for sale or rent, price asked and offers received, if any: e. 5 Any consideration by the Applicant as to profitable adaptive uses for the property: With respect to income producing property only, annual gross income from the property for the previous five (5) years, operating and maintenance expenses for the previous five (5) years, and annual cash flow, if any, for the previous five (5) years; and, Such additional information as may be relevant to a determination of undue economic hardship. 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. The fact that compliance would result in some increase in costs shall not be considered undue economic hardship if the use of the property is still economically viable. 160 f. g. h. 4. An approved eertificate of Appropriateness, together with any conditions or limitations imposed by the Board, shall be in written form and attached to the Site Plan and/or the schematics submitted as part of the applications. Copies of the eertificate shall be kept on file with the Board and shall be transmItted to the Building Official. The Applicant shall receive a copy of the Certificate of Appropriateness. After deciding to grant a request for a eertificate of Appropriateness for Demolition th.e Historic Preservation Board may, stay for a fixed IJeriod of time, not to exceed six (6) months the issuance of the eertificate of Appropriateness for Demolition. Should the Board grant a stay for DemolItion, the length of such a stay shall be determined by the Board based upon the relative significance of the Structure and the ~robable time required to arrange a possible alternative to Demolition. The effective date of the stay shall be from the date of the Historic Preservation Board's public hearing. Alternatively, if an appeal to a Special Master is filed, upon request of th.e petitioner, the Board may stay demolition pending the conclusion of that appeal and any subsequent court review of the matter. eertificate of Appropriateness for Demolition 5. 6. (1) Demolition of a Historic Building, Historic Structure, Historic Improvement, Historic Landscape Feature, Historic Site, or BUilding or Structure located WIthin a Historic District may occur pursuant to an order of a government agency or a Court of appropriate jurisdiction or, if granted, pursuant to an applIcation by the owner for a eertificate of Appropriateness for the Demolition of a designated Historic Building, Structure, Improvement, Landscape Feature or Site. Government agencies having the authority to demolish unsafe Structures shall receive notice that a Building or Structure considered for demolition is a Historic Building, Historic Structure, Historic Improvement, Historic Landscape Feature, Historic Site or eontributing Buildin~ or Structure located within a Historic District. The HistOrIC Preservation Board shall be deemed an interested party and shall be entitled to (2) 6 (3) receive notice of any public hearings conducted by such government agency regarding Demolition of a Historic Structure, Historic Buildmg, HIstoric Improvement, Historic Landscape Feature, Historic Site or eontributing Building or Structure located within a Historic District 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 it. Prior to requesting a hearing re~arding an unsafe Structure which is a Historic Structure, HIstOriC Building, historic Landscape Feature, Historic Interior (public portion) Historic Improvement, Historic Site, or Building or Structure located within a Historic District, the eity's Building Official shall send notice ofthe request to the Historic Preservation Board. The matter shall be placed on the Agenda of the next Board meeting, or on the a~enda of an emer~ency meetin~ of the Board. However, action/inaction by the Board shall not delay action of the Building Official. No permit for voluntary Demolition of a Historic Building, Historic Structure, Historic Improvement, Building or Structure located within a Historic District shall be issued to the owner(s) thereof until an application for a Certificate of Appropriateness for Demolition has been submitted and approved pursuant to the procedures in this Ordinance. In determining whether a Historic Building, Historic Structure, Historic Improvement, Historic Landscape Feature, Historic Site, or Building or Structure located within a Historic District or architecturally significant feature of a public area of the interior of a Historic or Contributing Building should be demolished the Historic Preservation Board shall be guided by the criteria contained in subsection 19-6,C.5.d. After a Demolition denial, or during a Demolition delay period, the Historic Preservation Board may take such steJ?s as it deems necessary to preserve the Structure concerned m accordance with the purposes and procedures of this Ordinance. Such steps may include, but shall not be limited to, consultation with civil groups, public agencies and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibihty of moving one or more Structure or other feature. 19-8 PROeEEDINGS BEFORE THE HISTORle PRESERV A nON BOARD: 55.121 A. Any Person appearing before the Historic Preservation Board on an application for a eertificate of Appropriateness shall be administered the following oath by any Person duly authorized under the laws of Florida to administer oaths: "I, , hereby swear under oath that any and all testimony to be given by me in this proceeding is the truth, the whole truth, and nothing but the truth, so help me God." Any Person giving false testimony before the Historic Preservation Board shall be subject to the maximum penalty provided by law. 7 B. After the Board has heard all evidence regarding a request, it shall issue a written order setting forth its decision and the findings of fact upon which the decision is based. A copy of the Board's Order shall be promptly mailed to the Applicant. e. Upon the withdrawal or final denial of an application for a Certificate of Appropriateness for Demolition from the Historic Preservation Board, or Design Review BoardlHistoric Preservation Board, a new application cannot be filed within six months of the date of the withdrawal or denial unless, however, the decision of the Board taking any such final action is made without prejudice. An application may be withdrawn without prejudice by the Applicant as a matter of right if such request is signed by the Applicant and filed with the Planning, Design and Historic Preservation Services Division prior to the giving of any notice required by this Ordinance; otherwise, all such requests for withdrawal shall be with prejudice, save and except that the Historic Preservation Board or Design Review BoardlHistoric Preservation Board may permit withdrawals without prejudice at the time the application for such eertificate of Appropriateness is considered by such Board provided further, that no application may be withdrawn after final action has been taken. 55 D. After a Certificate of Appropriateness has been ordered by the Board, the Applicant shall record in the public records of Dade eounty the action and conditions, if any. No Building Permit, Demolition permit, eertificate of Occupancy, eertificate of eompletion or licensing permit shall be issued until the recordation has been complied with. Prior to recordation, the eity Attorney shall approve the instrument. Only the Historic Preservation Board, or Design Review BoardlHistoric Preservation Board is empowered to release conditions, assuming the condition is no longer applicable. E. Maintenance of Desi~nated Properties The owner of any buildini or structure in the eity's desiinated historic districts or on individually desi~nated historic sites. whether vacant or inhabited. shall be required to properly maintain and preserve said buildin(: or structure in accordance with standards set forth in the South Florida Buildin(: Code. this Ordinance and the eode of the eity of Miami Beach. In the event a buildini or structure within the eity's designated historic districts or on an individually designated historic site. in the opinion of the eity's Building Official. in consultation with the City's Historic Preservation Coordinator. or their designees. falls into a state of disrepair so as to potentially jeopardize it's structural stability and/or architectural integrity. as well as the safety of the ~ft~~icfi~ed (~)d~~i~~ti~~~~rili~ s~~n~~~t~~~~r ~~sf~~;~~~. SU~~t:t~~~~ necessary followin(: inspection. the Buildini Official. in consultation with the eity's Historic Preservation eoordinator. may require the owner to submit a detailed report prepared by a licensed professional eniineer or a registered architect experienced in architectural restoration work. for review by said eity officials. Said report shall evaluate the condition of the buildin(:. based upon on-site inspection(s). as well as provide recommendations relative to proper remedial actions required to restore structural stability and/or to preserve the architectural inte~rity of the building or structure. If the owner fails to comply with this requirement within ten (10) business days of receipt of written notice. the City's Building Official may authorize. at the owner's expense. the preparation of said detailed report by an independently selected licensed professional structural eniineer and/or refjistered architect experienced in restoration work of his choosing. in consultation with the City's Historic Preservation eoordinator. 3 In the event that an ind~endent detailed evaluation report is authorized by ~~~i~~~~f ~h~lii~5in~~ ~ia;~i~h~e~~i~ ~{fl~gSb~~h~ ~~Rd~v~ s3fNc~1 and/or Historic Preservation eoordmator. The owner shall then be required to submit to staff for review within fifteen (15) business days from receipt of written notice. detailed construction documents, including but not limited to :~ii~:~~:n~ s~e~~ld{~o;~~:i~s~r~~~~e~h~ ~~~~k~~vtd:nftE~~of~~ remedial action in the evaluation report. Upon receipt of the Buildin~ Permit. the owner shall immediately take all actions s~ecified in the approved construction documents to restore the structure s or buildin,,'s structural stability and/or architectural inte"rity and protect the life. safety. health and welfare of the immediate area: remedial action in this re"ard shall include. but not be limited to. the structural shorin". stabilization and/or restoration of any or all exterior walls. interior load bearin~ walls, columns and beams. roof trusses and framin~. the blockin2 of opemn2s and securin2 of existin~ windows and door openin2s. as well as sealin2 of the roof surface a~ainst leaks. includin" from holes, punctures. open stairwells, elevator shafts, and mechanical systems roof penetrations as necessary to preserve the buildin~ ~~ i~i~~~r ~~~~rico~ft~t.ii~'t~~ ~~i:i~~n~}~h~Citr,~~~ild~~eo\-R~i~Lrg consultation with the eity's Historic Preservation eoordinator. fails to (~f~:~:~t :~i;~; ~i;::~~\~~ ~~t\~:~~~~:~tf~~hth~e~it~ ~~~~~ttili~ expense of the owner. facilitate any and all remedial actions required to retain ~e~&~:s~hh:i~~~~f~~! cir~:~ructure and protect the life, safety, health and Nothing in this Section shall be construed to prevent the ordinary maintenance or repair of any Exterior elements of any Building, Structure Improvement, Landscape Feature or Site which does not involve a change of design, appearance or material, and which does not require a Building Permit, or eertificate of Appropriateness for Demolition. A Building, Structure Improvement, Landscape Feature or Site that is the subject of an application for a Certificate of Appropriateness for Demolition shall not have its architectural features removed or destroyed. Owners of such property shall be required to maintain such properties in accordance with all applicable codes up to the time the Structure IS demolished. The owner of a designated historic Building, Structure or any Structure, Improvement, Landscape Feature, Interior, Site or any Structure within a HIstoric District, if such Structure is vacant and uninhabited, shall provide sufficient maintenance and upkeep it to ensure its perpetuation and to prevent its deterioration. 9 their designees. may be arranlled to ascertain the ~eneral condition of the buildin~. This inspection shall include. but not be limited to. a visual evaluation of the structural system to the ~reatest extent possible. exterior and interior walls. roofs. windows, doors and special architectural features, as well as site features. Upon completion of said inspection, the Buildin~ Official, in consultation with the City's Historic Preservation eoordinator. or their respective designees, shall notify the owner in writin~ of the findin~s of the inspection. In the event maintenance and/or structural deficiencies are identified which adversely effect the structural condition and/or architectural integrity of the buildinfj or structure, said deficiencies shall be properly remedied by the owner of the buildin~ or structure. to the satisfaction of the Building Official and the Historic reservation eoordinator, before any sealinll or closinll of the structure shall be permitted. The owner of said ~~~idfn~r J~~:ti~rs:~ ;J:~u;~~~ ~~~~~~ ~~~~~~~~i~~f~f~~~fili~ said work. the Buildin~ Official and Historic Preservation eoordinator, or ~h~g:;~r~~;kh~ b~~~Pc~~~~t~dbl~~~=}?~~e o~~hn:h~~~;~o~~~=; Ufeon determination of completion, the o~~t~au~ec~~~ f~ fi e application for Design Review approval and a Buildinfj Permit to seal and secure the buildinfj. Failure to comply with remedial action req}lired by the Buildini Official. or desifjnee. within twen~ (20) business ~ay~ ~v =It in ~~y = ~~ ensure the protection 0 \,ublic safety and the stabilization and preservation of the architectural integnty of the buildinfj or structure. Said measures shall all be undertaken at the expense of the owner. includinfj but not limited to the inspection of the subject property by an independent licensed professional structural engineer or refjistered architect experienced in architectural restoration contracted by the eity for the pUl:pose of providin~ a [({fort evaluatinll the existing condition of the structure and settmg orth recommendations for its stabilization and preservation and remedial or corrective action necessary to protect public safety and preserve the buildin~. Said recommendations and 'proposed solutions may include the preparation of en~ineerin~ and/or archItectural drawings and specifications and other ~~~e~~s ~~fles:~ :~ti~~~foDi~~~~~~~eili~~~~Y~cG~a~iltz~~:ld~a preservation measures at the owner's expense. 10 nd all Ii n r fI r nc i i n shall e tr at d s II i an i ni wi h h Ii n f vIr m x n h II b ri r in and di~nity to all other liens. encumbrances. titles and claims in. to or against the real property involved: the maximum rate of interest allowable by law shall accrue to such delinguent accounts. Such liens shall be enforced by any of the methods prOVIded in Chapter 86. Florida Statutes. or. in the ~~~i~~;=l!l~~=:~~!;:fo~I!\~!~:~:! be foreclosed per ehapter 173, Florida Statutes, or the collection and enforcement of r.ayment thereof may be accomplished by any other method authorized by aw. The owner and/or operator shall pay all costs of collection. including reasonable attorney fees, incurred in the collection of fees. service charges. penalties and liens imposed by virtue of this Section. SECTION 2. INeLUSION IN ZONING ORDINANeE NO. 89-2665. It is the intention of the eity Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part ofthe eity of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 3. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. October , 1997. 4th day of PASSED and ADOPTED this 24th day of ,1997. All f~ 1st reading 9/10/97 2nd reading 9/24/97 new language deleted language F:\PLAN\$HPB\19-MAINT. WPD APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION ;' ~ /1 J/ , (t1 till/U-::'- 7ft 9/0/7 "':L, A&&..- Date " ,.', . . IT..,.. ,~~, 11 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 10 ~ '7 - '}l Mayor Seymour Gelber and Members of the City Commission DATE: September 24, 1997 Jose Garcia-pedros,..~... City Manager i'l{ I, Second Readi~ Public Hearing - An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Comprehensive Zoning Ordinance No. 89-2665, by Amending Section 19 Entitled "Historic Preservation Board and Historic District Regulations" by Amending Subsection 19-2.E to Clarify and Expand the Purpose of the Historic Preservation Board, By Amending Subsection 19-3.B.2 to ClaritY the Scope and Applicable Exemptions of the Section, by Amending Subsection 19-4.A to Expand upon the Duties of the Historic Preservation Board, by Amending Subsection 19-6.C.6(2) to Clarify Procedures for Decisions on Certificates of Appropriateness for Demolition, by Amending Subsection 19-8.E to Clarify and Expand the Requirements for Maintenance of Properties Within a Designated Historic District and Historic Sites, Including the Right to Impose Liens; Providing for Inclusion in the Zoning Ordinance; Providing for Repealer, Severability and an Effective Date. RECOMMENDATION The Administration recommends that the eity Commission, upon holding a public hearing, adopt the ordinance on second reading. BACKGROUND The amending ordinance, in concept, was offered for consideration by Commissioner Nancy Liebman and by William eary, the City's Historic Preservation eoordinator. The matter was referred to the Planning Board by the City Commission on July 16, 1997. The Planning, Design & Historic Preservation Division prepared the draft amendment, with review by the eity Attorney's Office. On August 26, 1997 the Planning Board held a public hearing regarding the amendment and voted (4-2,2 Absent & 1 vacancy) to recommend its approval. The Board also recommended that a fee and fines schedule be investigated further to clarify and codify said fees and fines that would be AGENDA ITEM R5C q-2~-'71 DATE required when the policies within the amendment are implemented. On September 10, 1997, the eity Commission approved (6-0) the ordinance and set the public hearing for today. The Commission also directed the Administration to investigate a fee and fine schedule for violations associated with the ordinance for possible future enactment. ANALYSIS eurrently, the Historic Preservation Section of the Ordinance (Subsection 19) does not clearly specify alternatives for the Building Official in the event an individually designated historic structure or a building or structure in a designated historic district is inspected and declared "unsafe" by a Florida licensed professional engineer. Furthermore, there is little in the way of substantive language which clearly addresses remedies to the problem of demolition by neglect. In light of these shortcomings of the Ordinance, the Planning, Design and Historic Preservation Division has drafted revisions which would strengthen the eity's ability to deal decisively with unsafe structures and to specify adequate alternatives to demolition; further, the changes would help prevent the occurrence of demolition by neglect by providing for remedies addressing improperly maintained structures. The highlights of the revised portions of Subsection 19 are enumerated hereto: Subsection 19-2.A - PURPOSE: Language has been added to provide for the protection of all existing buildings and structures in the eity's designated historic districts as well as on individually designated historic sites from unlawful demolition, demolition by neglect and the failure of property owners to maintain and preserve the structures. Subsection 19-3.B.2 - SCOPE AND EXEMPTIONS: The portion of this subsection pertaining to alternative suggestions that can be made by the Historic Preservation Board regarding the need for demolition has been strengthened to include verbiage which indicates that these suggestions shall be taken into consideration by the official issuing the final determination regarding demolition. However, the final determination regarding demolition shall be made by the official issuing the Order. Subsection 19-4.A.I0 - HISTORIe PRESERVATION BOARD: The duties and responsibilities of the Board have been strengthened by the addition of language stating that the Board may request that the eity Administration explore and advise the Historic Preservation Board and the Building Official as to alternatives available for stabilizing and preserving structurally unsafe and/or insufficiently maintained buildings within the eity's designated historic districts. Subsection 19-6.e.6(2)- ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFIeATE TO DIG/eERTIFleATE OF APPROPRIATENESS FOR DEMOLITION Language has been added to strengthen the ability of the Board to take action on an emergency basis by requiring that any emergency demolition be placed on the Agenda of the next Board meeting, or on the agenda of an emergency meeting of the Board. The revised language further declares that action/inaction by the Board shall not delay action of the Building Official, unless evidence is presented by a professional structural engineer which delineates alternatives to the full demolition of the structure, including, but not limited to, structural stabilization to ensure the public safety and the preservation of the subject structure. Subsection 19-8.E - PROeEEDINGS BEFORE THE HISTORle PRESERVATION BOARD; Maintenance of Desi~nated Properties Language has been added to the code which requires an immediate inspection of any building in one of the City's designated historic districts or historic sites that falls into a state of disrepair so as to potentially jeopardize it's structural stability and/or architectural integrity and/or the safety of the public and surrounding structures; new language further specifies if determined necessary, and at the owners expense, the preparation of a detailed report by a licensed professional structural engineer or registered architect experienced in restoration work, which evaluates the structural/architectural condition of the building, following on-site inspection, and which provides recommendations relative to the immediate stabilization and long range preservation of the structure. All remedial action required to retain and preserve said building or structure and protect the life, safety, health and welfare of the immediate area shall be specified in the report and shall include, but not be limited to, the structural shoring and stabilization of any or all exterior walls, interior load bearing walls, roof trusses and framing, the blocking of openings and securing of existing windows and door openings, as well as sealing of the roof surface against leaks, including from holes, punctures, open stairwells or elevator shafts, and mechanical systems roof penetrations. Additional language has been provided to require that the owner of any designated historic structure or any building or structure located in a designated historic district or historic site which is proposed to be vacated and closed, notify the eity's Building Official and the City's Historic Preservation Coordinator in writing of the proposed date of vacating said structure for the purpose of arranging an on-site inspection of existing conditions. The owner of the property shall be responsible for all remedial work required to repair damages to the structural system, exterior and interior walls, roofs, windows, doors and special features, including site features, as noted by the Building Official and the Historic Preservation Coordinator prior to being granted Design Review approval and issuance of a building permit for securing and sealing said structure. The Ordinance has been further modified to require that upon the sixth (6) month anniversary of the first inspection, and every six (6) months thereafter for the duration of the vacancy of the structure, said premises shall be made accessible for re-inspection by the Building Official and the Historic Preservation eoordinator, or designees, in order to verify that sufficient maintenance and upkeep is being provided to ensure the structure's perpetuation in sound condition and to prevent its deterioration. Any deficiencies identified by the Building Official in consultation with the Historic Preservation Coordinator, or designees, during any of the six (6) month inspection periods shall be rectified and the structure shall be reinspected within 30 days. All remedial action required due to the failure of the owner to properly maintain the structure at any time during which the structure is vacated and/or closed shall be done at the expense ofthe owner, following due notice. Based upon Commissioner David Pearlson's request at the September 10, 1997 meeting of the eity eommission, the Administration is recommending the addition of, and has provided in the concluding paragraph of Subsection 19-8.E, certain language to confirm the super priority of status of any lien created pursuant to this ordinance. The last sections of the amendment provide for inclusion in the Zoning Ordinance, a repealer, a severability clause and an effective date. In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the Planning Board and City Commission consider 13 relevant review criteria, when applicable for such changes. Since the amending ordinance would only change the text of the Zoning Ordinance and would not constitute a use change or a change in zoning district boundaries or classification, the review criteria have been determined not to be applicable to this amendment request. CONCLUSION Based on the foregoing, the Administration has concluded that the eity eommission should adopt on second reading the attached amendment to Subsection 19 (Historic Preservation Board) of the Zoning Ordinance, upon holding the public hearing. JGP/H~JG/WHe MHF\mhf\F:\PLAN\$HPB\1314eM2.924whc