Ordinance 88-2598 ORDINANCE NO. 88-2598
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1891;
PROVIDING FOR AN AMENDMENT TO SECTION 17-2A BY
INCLUDING THE HISTORIC PRESERVATION BOARD AMONG THE
OTHER PERMITTED BOARDS AND AGENCIES TO PROPOSE
CHANGES AND AMENDMENTS TO THE COMPREHENSIVE ZONING
ORDINANCE PROVIDING FOR AN AMENDMENT TO SECTION 22-
4,A,3 ESTABLISHING A CERTIFICATE OF APPROPRIATENESS FOR
DEMOLITION AS A RECOMMENDATION FROM THE HISTORIC
PRESERVATION BOARD TO THE CITY COMMISSION; CREATING
SECTION 22-5,B,3 ESTABLISHING THE DEFINITION OF HISTORIC
AND NON-HISTORIC BUILDINGS; PROVIDING FOR AN
AMENDMENT TO SECTION 22-6,A,2 REGARDING THE
APLICATION; PROVIDING FOR AN AMENDMENT TO SECTION 22-
6,B,1 CHANGING THE REVIEW TIME PERIOD FROM FORTY-FIVE
(45) TO SIXTY (60) DAYS; PROVIDING FOR AN AMENDMENT TO
SECTION 22-6,C TO ESTABLISH CRITERIA IN EVALUATING
APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS
INCLUDING APPLICATIONS FOR CERTIFICATES OF
APPROPRIATENESS FOR DEMOLITION OF HISTORIC BUILDINGS;
PROVIDING FOR AN AMENDMENT TO SECTION 22-6,C,6,h
ESTABLISHING AN APPLICATION FEE SCHEDULE AND
PROCEDURES FOR TAKING TESTIMONY BEFORE THE BOARD
AND RECORDATION IN THE CIRCUIT COURT OF ACTIONS
TAKEN BY THE BOARD WHICH AFFECT PROPERTY; PROVIDING
FOR AN AMENDMENT TO SECTION 22-6,D INCLUDING THE
MAINTENANCE OF HISTORIC BUILDINGS WHICH ARE BEING
CONSIDERED FOR A CERTIFICATE OF APPROPRIATENESS FOR
DEMOLITION; PROVIDING FOR AN AMENDMENT TO SECTION 22-
7,A CLARIFYING APPLICATION REQUIREMENTS; PROVIDING
FOR AN AMENDMENT TO SECTION 22-8 INCLUDING THE APPEAL
OF A DENIAL OF A CERTIFICATE OF APPROPRIATENESS FOR
DEMOLITION; PROVIDING FOR INCLUSION IN THE ZONING
ORDINANCE; PROVIDING FOR A REPEALER; PROVIDING FOR
SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has a rich history embodied in its buildings,
structures and archeological sites; and,
WHEREAS, the Miami Beach Architectural District is listed on the National Register
of Historic Places in accordance with the National Preservation Act of 1966 as amended and
in the State of Florida Master Site File under number 8-DA 1048; and
WHEREAS, the City Commission of the City of Miami Beach has designated the
following local historic districts and sites:
a. MU/HPS-1: Old City Hall, 1300 Washington Avenue, Block 23, Ocean Beach
Addition No. 3, as recorded in Plat Book 2 at Page 81 of the Public Records
of Dade County, Florida.
b. CCC/HPS-2: 21st Street Recreation Center, 2100 Washington Avenue
beginning at intersection of west right-of-way of Washington Avenue and
south boundary of Collins Canal in Section 27, Range 42 east, Township .53
south, for point of beginning, then south 510 ft.; west 165 ft.; north 45° to
west 115 ft., north 160 ft., west 140 ft., north 70 ft.; northeast along south
boundary of Collins Canal 435 ft. to point of beginning.
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x revised 2/17/88
c. C-5, RM-60/HPD-1: All properties fronting or abutting Espanola Way,
including all of Blocks 2-A and 2-B Espanola Villas, Blocks 3-A, 3-B, 4-A,
4-B, 5-A, 5-B, 6-A, 6-B, 7-A and 7-B, First Addition to Espanola Villas, and
lots 1-4, a resubdivision of that unnumbered tract lying west of Blocks 7-A
and 7-B and Espanola Way in First Addition to Espanola Villas.
d. MXD/HPD-2: Ocean Drive from 5th to 15th Streets and Collins Avenue
from 6th to 16th Streets and 15th Street from Ocean Drive to Collins
Avenue, excluding the following parcels of land:
Lots 1 through 4 of Harrison & Hayes Subdivision; also,
Those portions of Lots 1 and 2, Block 77, Fishers 1st Subdivision of
Alton Beach lying east of the easterly boundary on Ocean Drive; also,
That tract of land beginning at the northeast corner of Block 77,
Fishers 1st Subdivision of Alton Beach thence running northeasterly
35.49', continuing tile easterly line of Block 77, Fishers 1st Subdivision
of Alton Beach, thence easterly to the established bulkhead line,
thence southwesterly following the established bulkhead line to the
northeast corner of Lot 1, Harrison & Hayes Subdvision, thence
westerly along the northerly line of Lot 1, Harrison & Hayes
Subdivision to the southeast corner of Block 77, Fishers 1st
Subdivision of Alton Beach, thence northeasterly 101.4' along the
easterly line of Block 77, Fishers 1st Subdivision of Alton Beach to
the point of the beginning.
e. MU/HPD-3: The east side of Collins Avenue to the Erosion Control Line
and, from 77th Street to 79th Street and both sides of Atlantic Way from
77th Street to 79th Street. (All of blocks 5, 6,11 and 12 of the Altos del Mar
No. 1 Subdivision); and,
WHEREAS, many significant and varied aspects of the history of Miami Beach are
concentrated in the first fifty years of the twentieth century; and,
WHEREAS, this variety has been manifested in a unique architectural response to the
area's climate, history of tourism, rapid growth, and national stylistic trends; and,
WHEREAS, the preservation of these buildings and structures is in the best interest
and public welfare of Miami Beach and its citizens; and,
WHEREAS, the preservation of these resources will expand the educational and
cultural opportunities of Miami Beach and its citizens; and,
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WHEREAS, the continuity and totality of these historic resources create a catalyst for
historic preservation and related beneficial development; and,
WHEREAS, a number of historic buildings are presently being threatened with
demolition without adequate consideration by the owners to their adaptive re-use; and,
WHEREAS, the demolition of historic buildings in a nationally, state or locally
designated historic district is not in the best interest of Miami Beach and its citizens; and,
WHEREAS, the demolition of historic buildings and replacement with parking lots is
not in the best interest of Miami Beach and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA THAT
Basked Weds = Deleted Language
Underlined Words = New Language
SECTION 1: That Section 17, Subsection 17-2,A is hereby amended to read as follows:
17-2 PETITION FOR CHANGES AND AMENDMENTS
A. A petition for an amendment, supplement or change may be submitted to
the Planning Director by the City Manager or upon an adopted motion of
the City Commission, Planning Board, Board of Adjustment, or by the
owners of a majority of frontage in any area. The Historic Preservation
Board may submit a request to amend the Zoning Ordinance with regard to
the designation of historic districts, sites or matters that directly pertain
to historic preservation. Such Said area shall contain not less than four
hundred (400) feet of frontage on at least one (1) public street or a parcel
not less than eighty thousand (80,000) square feet.
SECTION 2: That Section 22, Subsection 22-4,A,3 is hereby amended to read as follows:
A. Powers and Duties
3. Issue or deny Certificates of Appropriateness and Certificate to Dig
in accordance with procedures specified in this Section. A
Certificate of Appropriateness for Demolition shall be a
recommendation from the Historic Preservation Board to the City
Commission, who shall render a decision based upon the procedures
specified in Section 6-22,C,6.
SECTION 3: That Section 22, Subsection 22-5,B,3 is hereby created to read as follows:
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B. Criteria for Designation
3. Definition of Terms
For purposes of Section 22, the following terms are defined:
a. Historic Building: For purposes of this section, a historic
building is located in a locally designated historic district or
site and meets the criteria established by the U.S. Department
of the Interior, National Park Service;
"A contributing building, site, structure, or object
adds to the historic architectural qualities, historic
associations, or archeological value for which a
property is significant because a) it was present
during the period of significance, and possesses
historic integrity reflecting its character at that
time or is'capable of yielding important information
about the period, or, b) it independently meets the
National Register criteria.
A building is historic even if it has been altered if the
alteration is reversible and the building's key historic
architectural elements are intact and repairable. Historic
buildings shall be listed in the Miami Beach Historic Properties
Database as it may be revised from time to time and
maintained by the Planning and Zoning Department.
b. Non-Historic Building: buildings which do not meet the U.S.
Department of the Interior, National Park Service criteria for a
contributing structure or one whose alterations are not
reversible and whose historic architectural elements have been
substantially destroyed. Non-historic buildings which are
located in a locally designated historic district or site shall be
listed in the Miami Beach Historic Properties Database, which
may be revised from time to time and which is maintained by
the Planning and Zoning Department.
SECTION 4: That Section 22, Subsection 22-6,A,2 is hereby amended to read as follows:
A. Application
2. The application shall be on a form provided by the Historic
Preservation Board and shall include adeb information required by
Section 22-6,B,1 and any additional information as the Board may
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determine is needed to allow for a complete evaluation of the
proposed demolition, construction or other physical improvement,
alteration or modification.
SECTION 5: That Section 22, Subsection 22-6,B,1 is hereby amended to read as follows:
B. Review Procedure
1. All applications involving demolition, new building construction,
additions to existing buildings, major renovation work or substantial
alteration of a designated structure or site shall be placed on the
agenda of the Historic Preservation Board for its 41=leif review and
consideration within feFty-Ove 4433 sixty (60) days after the date of
receipt of a completed application. The application shall be on a
form provided by the Board and shall include such information as the
Board may determine is needed to allow for complete evaluation of
the proposed demolition, construction and other physical
improvements, alterations or modifications including, but not limited
to, the following:
a. written description of proposed action;
b. site plan;
c. materials containing data as to elevations and showing proposed
changes;
d. preliminary plans showing new construction in cases of
demolition; and,
e. a financial feasibility study of the new .project in cases of
demolition and a feasibility study for an existing structure
which addresses the possibility of substantially renovating or
operating the existing historic structure. Consideration of
parking needs and demands shall be addressed within the
feasibility study, as well as alternative methods of providing
parking. The study will also determine that the retention of the
building would deny the owner of all economically viable uses of
the property.
2. Procedure following receipt of a completed application
a. Approximately At 4east fifteen (15) days prior to consideration
of an application by the Board, notice of such consideration
shall be mailed to the applicant.
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b. The Board shall approve, deny, approve with conditions or
suspend action on all aA applications for a Certificate of
Appropriateness except for a Certificate of Appropriateness for
Demolition, which shall be a recommendation from the Board to
the City Commission. In any case, the Board shall rust act on
an application within €eFty-f-tve 4454 sixty (60) days from the
date of the receipt of a completed submission provided,
however, that if specific revisions to an application submission
are requested by the Board, the Board may have an additional
thirty (30) days in which to render a decision. Upon the written
approval of the applicant and by motion of the Board, the
review period may be extended beyond the maximum ninety (90)
days provided for herein.
c. Failure to render a decision within the time limits specified
herein, provided all required data has been submitted by the
applicant as required under this Section, shall constitute
approval of the application except that applications requesting
a Certificate of Appropriateness for Demolition shall be
approved by the City Commission.
d. Notwithstanding any other provision or clause within this
Section, no new structure may be constructed within a locally
designated Historic Preservation District, nor any permit issued
for such purposes, until the Board certifies that the new
structure will be architecturally compatible with the structures
within the surrounding district. The Board shall issue its final
decision with respect to compatibility within €eFty-five 44.)
sixty (60) days of the receipt of a complete application or the
application will be deemed automatically approved. The
procedures specified in Section 22-8 below shall apply to the
Board's decision with respect to compatibility. This section is
only applicable if the Design Review Board does not have
jurisdiction for the subject property.
e. Review Process - A Certificate of Appropriateness for the
Demolition of designated historic buildings, structures,
improvements or sites shall only be considered by the Board
following a public hearing. Approximately fifteen (15) days
prior to the public hearing date, a description of the request
with the time and place of such hearing shall be posted on the
property, it shall be advertised in a paper of general paid
circulation in the community, and notice shall be given by mail
to the owners of record of land lying within 375 feet of the
property. Within thirty (30) days after the public hearing, the
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Historic Preservation Board shall submit a report and
recommendation to the City Commission. The City
Commission may approve a recommendation of the Historic
Preservation Board by a simple majority vote, but shall require
a vote of five-sevenths (5/7) of all members of the Commission
to overrule a Historic Preservation Board recommendation of
denial for a Certificate of Appropriateness for Demolition. The
City Commission's decision shall be rendered following a public
hearing according to the procedures and notification
requirements as setforth in this subsection.
SECTION 6: That Section 22, Subsection 22-6,C is hereby amended to read as follows:
C. Decisions on Certificates of Appropriateness/Certificates to Dig,
1. A decision on an application for a Certificate of Appropriateness
shall be based upon evaluation of the compatibility of the physical
alteration or impr''ovement with an adherence to the adopted
evaluation guidelines for the applicable designated site or district.
2. Where, by reason of particular site conditions and restraints, or
because of unusual circumstances applicable to a particular
applicant, 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 provisions in this section,
including adherence to the adopted Evaluation Guidelines provided
that its requirements ensure harmony with the general purposes
hereof and will not adversely affect the City of Miami Beach or the
particular historic site or district.
3. An approved Certificate 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 Certificate 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.
4. After consideration of the Historic Preservation Board's
recommendation, the City Commission may grant, stay for a fixed
period of time or deny an application for a Certificate of
Appropriateness for demolition of historic properties, as provided in
Section 22-6,C-6. After consideration of the Historic Preservation
Board's recommendation, the Commission may grant or stay for a
period not to exceed one year an application for a Certificate of
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Appropriateness for Demolition of non-historic properties under the
procedures setforth in Section 22-6,C,6. Should the Commission
grant a stay for demolition, the length of such a stay shall be
determined by the Commission based upon the relative significance
of the structure and the probable 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 public hearing. The
Beafd may eF feF a maximum peF}ed of tip le six 463 meR41as EieRy7 eF
mese eeRefitieRs feF ap3Feva4 en; aR appieatieR feF a CeFtificate of
AppFepF4ateRess feF demelitieRy exeep4 as pFevided tR geet eR 22-3;
5. A decision on an application for a Certificate to Dig may include
specific guidelines and procedures to be followed in excavation of the
site.
6. Certificate of Appropriateness for Demolition
a. Demolition of a designated building, structure, improvement or
site 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 Certificate of Appropriateness
for the Demolition of designated historic buildings, structures,
improvements or sites.
b. Government agencies having the authority to demolish unsafe
structures shall receive notice of designation of individual
buildings, structures, improvements or sites, districts or
archeological sites pursuant to this Ordinance. The Historic
Preservation Board shall be deemed an interested party and
shall be entitled to receive notice of (although not bound by)
any public hearings conducted by such government agency
regarding demolition of 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.
c. No permit for voluntary demolition of a designated building,
structure, improvement or site shall be issued to the owner(s)
thereor until an application of a Certificate of Appropriateness
for Demolition has been submitted and approved pursuant to the
procedures in this Ordinance. Refusal by the City Commission
to grant a Certificate of Appropriateness for Demolition shall
be evidenced by written order detailing the public interest
which is sought to be preserved. In determining their
recommendation, the Historic Preservation Board shall be
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guided by the criteria contained in subsection 22-6,C,6,d. After
a demolition denial, or during a demolition delay period, the
Historic Preservation Board and/or the City Commission may
take such steps as it deems necessary to preserve the structure
concerned in 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 possibility of moving one or more structure
or other feature.
d. Evaluation Criteria - The City Commission and the Historic
Preservation Board shall consider the Miami Beach Historic
Properties Database (a listing of historic and non-historic
properties as approved by the City Commission in the following
locally designated districts: Ocean Drive/Collins Avenue,
Espanola Way, afid Altos del Mar) as a guideline in determining
whether a Certification of Appropriateness for Demolition
should be issued. The City Commission and the Board shall also
consider the following criteria in evaluating applications for a
Certificate of Appropriateness for Demolition of designated
historic buildings, structures, improvements or sites:
(1) The building, structure, improvement, or site is
designated on either a national, state, or local criteria as
an historic preservation district or an architectural
landmark or site.
(2) The building, structure, improvement, or site is of such
design, craftsmanship, or material_ that it could be
reproduced only with great difficulty and/or expense.
(3) The building, structure, improvement, or site is one of the
last remaining examples of its kind in the neighborhood,
the County, or the region.
(4) The building, structure, improvement, or site contributes
significantly to the historic character of a designated
district.
(5) Retention of the building, structure, improvement, or site
promotes the general welfare of the City by providing an
opportunity for study of local history, architecture, and
design or by developing an understanding of the
importance and value of a particular culture and heritage.
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(6) If the proposed demolition is for the purpose of
constructing a parking garage, the Board shall only
consider a parking garage designed in a manner that is
consistent with the U.S. Secretary of the Interior
Guidelines for Rehabilitation and/or the design review
guidelines for that particular district; however, the
ground floor shall contain retail use. At-grade parking
lots shall not be considered under this regulation.
(7) There are definite plans for reuse of the property if the
proposed demolition is carried out, and what is the effect
of those plans on the character of the historic district.
(8) The Dade County Unsafe Structures Board has ordered the
demolition of a structure or the feasibility determines
that the retention of the building would deny the owner of
all economically viable uses of the property.
e. Parking lots or garages shall not be permitted on lots fronting
on Ocean Drive or Espanola Way.
f. The Historic Preservation Board may require a marker on the
property which provides the historic background of the
structure.
& A building permit shall not be issued for the demolition of a
historic structure until a building permit for the new
construction has been issued.
h. Fees - the fees below are for the purpose of defraying expenses
of public notices and other administrative costs in connection
with processing applications for a Certificate of
Appropriateness for Demolition:
(I) $400.00 plus $.50 per mailing address.
(2) If an applicant withdraws this application prior to the
date of the public hearing and requests a new hearing
date, a new fee is required. The fee is to defray the costs
of scheduling the new public hearing, to notify the
property owners of the cancellation of the original public
hearing and establishment of the revised hearing date.
(3) If an applicant withdraws an application after a public
hearing has been advertised, the City shall retain all fees.
If an applicant withdraws an application prior to an
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advertised public hearing, one-half (%z) of the fees paid
shall be retained by the City.
7. No building permit shall be issued by the Building Official or
Department which affects any designated property in the City of
Miami Beach without a Certificate of Appropriateness.
8. All work performed pursuant to the issuance of any Certificate of
Appropriateness shall conform to the requirements of the
Certificate. The Building Official is designated as the individual to
assist the Board by making necessary inspections in connection with
enforcement of this Ordinance and shall be empowered to issue a stop
work order if performance is not in accordance with the issued
certificate or this Ordinance. No work shall proceed as long as a stop
work order continues in effect. Copies of inspection reports shall be
furnished to the Historic Preservation Board and copies of any stop
work orders both to the Historic Preservation Board and the
applicant. The Building Official 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.
9. For the purpose of remedying emergency conditions determined to be
dangerous to life, health or property, nothing contained herein shall
prevent the making of any temporary construction, reconstruction or
other repairs to a building or site pursuant to an order of a
government agency or a court of competent jurisdiction. The owner
of a building damaged by fire nor natural calamity shall be permitted
to stabilize the building immediately without City Commission
approval, and to rehabilitate it later under the normal review
procedures of the Ordinance.
10. In proceedings before the Historic Preservation Board:
a. Any person appearing before the Historic Preservation Board on
an application for a Certificate of Appropriateness shall be
administered the following oath by any person duly authorized
under the laws of Florida to administer oaths:
1, , do hereby swear under oath that any 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 on an application for a Certificate of
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Appropriateness shall be deemed to have violated the provisions
hereof and shall be subject to the maximum penalty prescribed
by law.
b. Upon the withdrawal or final denial of an application for a
Certificate of Appropriateness from the Historic Preservation
Board and/or City Commission, a new application cannot be
filed within six months of the date of the withdrawal or denial
unless, however, the decision of the Historic Preservation Board
and/or City Commission 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 appropriate agency
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
and/or City Commission may permit withdrawals without
prejudice at the,time the application for such Certificate of
Appropriateness is considered by such Board and/or
Commission; provided further, that no application may be
withdrawn after final action has been taken.
c. After a request for a Certificate of Appropriateness has been
properly considered by the Board and/or City Commission, the
applicant shall record in the Circuit Court the action and
conditions, if any. No building permit, demolition permit,
Certificate of Occupancy, Certificate of Completion or
licensing permit shall be issued until the recordation has been
complied with. Prior to recordation, the City Attorney shall
approve the instrument. Only the Historic Preservation Board
and/or the City Commission is empowered to release
conditions, assuming the condition is no longer applicable.
SECTION 7: That Section 22, Subsection 22-6,D is hereby amended to read as follows:
D. Maintenance of Designated Properties
Nothing in this section 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, or Certificate of Appropriateness
for Demolition. However, any doubts and to applicability of this provision
shall be resolved by the City Commission.
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A building structure, improvement 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 legally demolished.
The owner of a designated historic structure or any structure within a
historic district, if such structure is vacant and uninhabited, shall provide
sufficient maintenance and upkeep for such structure to ensure its
perpetuation and to prevent its deterioration.
SECTION 8: That Section 22, Subsection 22-7,A is hereby amended to read as follows:
22-7 SPECIAL PROVISIONS
A. In those instances where a designated site or district is also under the
jurisdiction of the Design Reviw Board (see Section 21 of Ordinance),
requests for a Certificate of Appropriateness shall be reviewed by a joint
meeting of the Design Review Board and the Historic Preservation Board's
Architect, Architectural Historian and one (1) At-large Member to be
selected by the Historic Preservation Board. Application requirements
shall be pursuant to Section 22-6,A C,I0,b and c. Appeals resulting from
decisions of this combined Board shall be pursuant to Section 21-6 of the
Ordinance.
SECTION 9: That Section 22, Subsection 22-8 is hereby amended to read as follows:
22-8 APPEAL
A. Any persons affected by a decision of the Historic Preservation Board may
appeal such said decision within 30 days of the Board's action ie The Ei4y
Eer mtsstee wbieh sha44 issue a filial deteFra}Aa *eR; exeept €eft based upon
the following procedures:
1. Appeals relating to design issues (not demolition' issues) associated
with a Certificate of Appropriateness shall be decided by the Design
Review Board pursuant to Section 21-6;
2. Appeals relating to variances shall be decided by the Board of
Adjustment; and,
3. Consideration of appeals pertaining to historic district or site
designation shall be seat to the court of appropriate jurisdiction after
the City Commission has approved such designation pursuant to
Section 17.
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B. An aggrieved party or the applicant for the Certificate of Appropriateness
of Demolition may appeal the City Commission's decision to the court of
appropriate jurisdiction provided such an appeal is filed with the Court
within thirty (30) days of the date of the decision of the City Commission.
SECTION 10: INCLUSION IN THE ZONING ORDINANCE. It is the intention of the City
Commission, and it is hereby ordained that the provision of this ordinance shall become and
be made a part of the City of Miami Beach Zoning Ordinance No. 1891 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 8: REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 9: SEVERABILITY. If any section, sub-section, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such hold shall not affect the validity fo the remaining portions of this
Ordinance.
SECTION 10: EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after
adoption on Feb. 13 , 1988.
PASSED and ADOPTED this 3rd day of February, 1988.
/LIIIIIL id
MAYOR
ATTEST:
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111.11 CEPA 11 ENT
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CITY CLERK mA-44714;1 CLAAtir
1st Reading - January 18, 1988 u . _a7�.ir
2nd Reading - February 3, 1988 u `'`_ I, -,�
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