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Ordinance 90-2697 ORDINANCE NO. 90-2697 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665; PROVIDING FOR AN AMENDMENT TO SECTION 19, ENTITLED "HISTORIC PRESERVATION BOARD AND HISTORIC DISTRICT REGULATIONS", AMENDING SUB- SECTION 19-6, ENTITLED "ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION", CLARIFYING THE REVIEW PROCEDURE; PROVIDING A PROCEDURE FOR THE REVIEW OF NON- HISTORIC PROPERTIES; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Underline Words = New language Dached Word& = Deleted language SECTION 1: That Subsection 19-6 of section 19, entitled "Historic Preservation Board and Historic District Regulations" of City of Miami Beach Zoning Ordinance No. 89-2665 is hereby amended to read as follows: 19-6 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/ CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION * * * * * 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 review and consideration within sixty (60) days after the date of receipt of a completed application. 2 . The Board shall approve, deny, approve with conditions or suspend action on all applications for a Certificate of Appropriateness except for a Certificate of Appropriateness for Demolition of Historic Structures, which shall be a recommendation from the Board to the City Commission. In any case, the Board shall act on an application within 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. 3 . Failure to render a decision within the time limits specified herein, provided all required data have 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 of Historic Structures shall be approved by the City Commission. 4 . 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 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 regarding 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 set forth in this subsection subparagraph. 5. A Certificate of Appropriateness for the Demolition of Non-Historic Buildings, Structures, Improvements or Sites, as listed in the Historic Properties Data Base, 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. If the Historic Preservation Board determines the status of the property to be Non-historic no further action is required and a Certificate of Appropriateness for Demolition shall be issued. An Applicant or an aggrieved party may file an appeal of the Historic Preservation Board's decision to the City Commission. The appeal shall be filed within fifteen (15) days of the date of the Board's decision. The appeal shall be filed with the Department of the City that provides staff to the Historic Preservation Board. The City Commission's decision shall be rendered following a public hearing according to the procedures and notification requirements as set forth in this subparagraph. In order to overrule the Historic Preservation Board's decision a five-sevenths (5/7) vote of the City Commission is required. A Demolition permit shall not be issued until a Building Permit for the new construction has been approved. C. Decisions on Certificates 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 a Historic Structure, as provided in Subsection 19-6,C. 6. After consideration of the Historic Precervation Board's recommendation, the Commission may grant or ctay for a period not to exceed one (1) year an application for a Certificate of Appropriatenccc for Demolition of a non-Historic 19-6,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's public hearing. SECTION 2 : INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the City 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 herewith 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 This Ordinance shall take effect on the 30th day of June , 1990. PASSED and ADOPTED this 20th day of June 1990. 40°...1119' <01: /(6°j ATTEST: - e0.-ee-e__,:e_ 5)) ).,(4,/ FORM APPROVED CITY CLERK 1st reading 6/6/90 LEGAL DEPT. 2nd reading 6/20/90 JK/JGG By /\__) rev. 4/3/90 / 1 3 /40 a:demoHP Date • eal vieetwe eeezd sE4, FLORIDA 3 3 1 3 9 s* INCOR ORATED)*! '•VACATIONLANU U. S. A. " OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO.a? IIO JUNE 6, 1990 DATE: TO: Mayor Alex Daou• • Members of • • City Commi : o ` � FROM: Rob W. Pa ins`. •�� 01�f�� City Manager I/ ARIO SUBJECT: PLANNING BO • • 0 RECOMMENDATION: REQUEST TO AMEND OF THE ZONING ORDINANCE REGARDING THE CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION OF NON-HISTORIC BUILDINGS THE REQUEST The Historic Preservation Board requests that the City Commission approve an amendment to the Zoning Ordinance (Section 19-6) pertaining to the review procedures for the issuance of a Certificate of Appropriateness for the demolition of non-historic structures (See Attachment) . The proposed amendment streamlines the review procedure for the Historic Preservation Board in issuing a Certificate of Appropriateness for the demolition of a non- historic building. The existing procedure for demolition of historic and non-historic buildings requires the Historic Preservation Board to provide a recommendation to the City Commission who makes a decision on the issuance of demolition permit for any building in a local historic district. This procedure requires public hearings by the Historic Preservation Board and the City Commission. The proposed procedure allows the Historic Preservation Board, following a public hearing, to confirm the Urban Planning and Historic Preservation Department's finding that the building is not a historic structure. If the Board finds it is not a historic building, it may be demolished without further consideration. If it is a historic structure, the Commission is required to approve the issuance of a demolition permit following a public hearing. PLANNING BOARD AND HISTORIC PRESERVATION BOARD RECOMMENDATION On April 5, 1990, the Planning Board held a public hearing for purposes of considering the request. Following the hearing, the Board unanimously (6-0) recommended approval of the amendment to the Zoning Ordinance. On February 1, 1990 the Historic Preservation Board reviewed the proposal and supported the Ordinance Amendment and authorized the application which was submitted by the Chair (Nancy Liebman) . ADMINISTRATION RECOMMENDATION It is recommended that the City Commission adopt the Planning Board and Historic Preservation Board recommendation to adopt the attached Ordinance. JK:VAG:jm y 14 commisn\hpreport AGENDA ITEM DATE 1Q� 20-60 Q.) .u�1 U I U H 'O 0 a H I CT Cd E J.J 41 4a a 1/40 0 ' ) CO — 0 +.i •.. N •H •H bD )-1 3 Cr) 0 I 'Cd Q) O p a •H 0 a H 4) 0 3-I •H 04-1 p 4-I •H 0 •H N O cd Sa U •H cd 4a +.) O •H 4.1 U 0 co a) H obp 0 4-1 ?i U •H 4J Cr) H a a •0 OM Co 0 a 4a a )-I a 4- rl z H H .0 co •H a G a 0 0 W o O •��H1 P td 1� +� a a H H U N 4a �.L� C!) a U Cd C) C7 ? 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