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Ordinance 82-2318• ORDINANCE NO. 82-2318 AN ORDINANCE BY THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1891; PROVIDING FOR THE CREATION OF NEW SECTION 26, HISTORIC PRESERVATION DISTRICT REGULATIONS; STATING THE GOALS OF THE ORDINANCE; REQUIRING PERMITS FOR MODIFICATIONS OF DESIGNATED BUILD- INGS; PROVIDING FOR DESIGNATION OF HISTORIC PRESERVATION SITES AND DISTRICTS; CREATING AN HISTORIC PRESERVATION BOARD AND SPECIFYING MEM- BERSHIP; SPECIFYING REVIEW AND APPEAL PROCE- DURES; PROVIDING FOR COMPATIBILITY OF NEW STRUCTURES; PROVIDING FOR ADMINISTRATION AND ECONOMIC INCENTIVES AND ASSISTANCE TO AFFECTED PROPERTY OWNERS; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Ordinance No. 1891 is hereby amended by the addition of a new Sec- tion 26, Historic Preservation District Regulations, to read as fol- lows: SECTION 26. HP -HISTORIC PRESERVATION DISTRICT REGULATIONS 26-1 Purpose It is hereby declared by the City Commission of the City of Miami Beach that the preservation and conservation of properties of historical, architectural and archeolo- gical merit in the City is a public policy of the City of Miami Beach and is in the interest of the City's future prosperity. The general purpose of these regulations is to protect and encourage the revitalization of sites and districts within the City having special historic, architectural or archeological value to the public. This general purpose is reflected in the following specific goals: A. The identification of historically, architectural- ly, and archeologically significant sites and dis- tricts (hereinafter: "significant sites and districts"); B. The protection of such significant sites and dis- tricts to combat urban blight, promote tourism, fos- ter civic pride, and maintain physical evidence of the City's heritage; C. The encouragement and promotion of restoration, preservation, rehabilitation and reuse of signifi- cant sites and districts by providing technical as- sistance, investment incentives, and facilitating the development review process; D. The promotion and excellence in urban design by as- suring the compatibility of restored, rehabilitated or replaced structures within designated historic preservation districts. -1- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 lio 26-2 Definitions 1. "Alteration" means any material change in the exter- nal features of any historic site or improvement within an historic district, or to the interior of any such site or improvement if the interior fea- tures have been designated pursuant to this Ordi- nance. 2. "Archeological Site" means a single specific loca- tion which has yielded or is likely to yield infor- mation on local history or prehistory. Archeologi- cal sites may be found within archeological zones, historic sites, or historic districts. 3. "Certificate of Appropriateness" means a certifi- cate issued by the Historic Preservation Board indi- cating that a new construction, alteration or demo- lition of an historic site or an improvement within an historic district is in accordance with this chapter. 4. "Certificate to Dig" means a certificate issued by the Historic Preservation Board allowing for the excavation or fill on a site designated as archeolo- gically significant. 5. "Demolition" means the complete or substantial re- moval or destruction of any historic site or any structure or improvement located within an historic district. 6. "Evaluation Guidelines" means the standards appli- cable to alteration, renovation, new construction for an Historic site or improvement within an Histo- ric district, which standards will be used as cri- teria by the Board and its staff in making decisions on applications for Certificates of Appropriate- ness. 7. "Exterior" means the front facade of any building and those external surfaces of any improvement visi- ble from public ways. 8. "Historic District" means two or more sites, build- ings, structures, landscape features or other im- provements that are concentrated in the same area and have been designated as a district pursuant to this Section. 9. "Historic Site" means an individual building, structure or other improvement not exceeding one platted lot which has been designated an Historic site pursuant to this Section. Interior features or space may be designated an historic site only where the building or structure containing the interior feature or space has been designated an historic site. 10. "Improvement" means any building, structure, fence, gate, wall, walkway, parking facility, light fixture, bench, fountain, sign, work of art, earthworks or other man-made object constituting a physical betterment of real property. 11. "Landscape Feature" means all vegetation, geologi- cal features, ground elevation, bodies of water, or other natural or man-made environmental feature. 12. "Undue Economic Hardship" shall mean an exceptional financial burden upon an owner that constitutes a -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 taking of the owner's property without just compensa- tion. The evidence and testimony needed to esta- blish an "Undue Economic Hardship" shall be speci- fied in regulations to be established in accordance with Section 26-4(B) below. 26-3. Scope and Exemptions. A. SCOPE Unless expressly exempted by Sub -Section 26-3(B) herein, no permits for new construction, demoli- tion, alteration, repair, signage or any other phy- sical modification of an individual archeological or Historic site or of a property within a district desiginated as historically, architecturally, or archeologically significant may be issued by the City without the prior issuance of a Certificate of Appropriateness or Certificate to Dig in accordance with the procedures specified in this Section. B. EXEMPTIONS The following permits are exempt from the regula- tions of this Section: 1. All permits for plumbing, heating, air condi- tioning, elevators, fire alarms and extinguishing equipment, and all other mechanical and electrical equipment not involving exterior facade changes or construction visible from public right-of-way. 2. Any permit necessary for the compliance with a lawful order of the Code Enforcement Director, Fire Marshall, or Public Works Director including any permit necessary for the immediate public health or safety. 3. Any permit issued for an existing structure in a designated historic district which has been speci- fically excluded from the District pursuant to Sub - Section 26-5 (B) (3) . 26-4. Historic Preservation Board. There is hereby created a Miami Beach Historic Preserva- tion Board for the purposes of carrying out the provi- sions of this Section. The Board shall have the autho- rity to recommend the designation of areas, places, buildings, structures, landscape features, archeological sites and other improvements or physical features, as in- dividual sites, districts, or archeological zones that are significant to Miami Beach's history, architecture, archeology, or culture or possess an integrity of loca- tion, design, setting, material or workmanship, in ac- cordance with the goals of this section. A. POWERS AND DUTIES, The Board shall: 1. Recommend to the Planning Board and City Com- mission the designation of historically, archi- tecturally or archeologically significant sites and districts; 2. Prepare and recommend for adoption specific guidelines for each designated site or district, to be used to evaluate the appropriateness and compati- bility or proposed alteration or development within designated sites or districts; -3- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 3. Issue or deny Certificates of Appropriateness and Certificates to Dig in accordance with proce- dures specified in this Section. 4. Promote the preservation of historic proper- ties by granting special incentives to property - owners in accordance with law including, but not limited to, transfer of development rights, floor area bonuses, special use exceptions, and by admin- istering financial assistance, loan and grants. 5. Vary, waive or supersede other sections of the zoning ordinance when appropriate as a means of en- couraging renovation and/or compatible new cons- truction. When appropriate to accomplish the purposes and goals of this section, the Board shall have the power to waive and supercede the require- ments and restrictions of other sections of the Zon- ing and Building Codes. 6. Facilitate the redevelopment of historic sites and districts by directing the Department of Plan- ning to provide advisory and technical assistance to property owners, applicants for Certificates of Ap- propriateness, and other City departments. 7. The Board shall make and prescribe such rules and regulations reasonably necessary and appropri- ate for the proper administration and enforcement of the provisions of this chapter. Such rules and re- gulations shall conform to the provisions of this Section and shall not conflict with the Constitution and general laws of the State of Florida, and shall govern and control procedures, hearings and actions of the Board. No such rules and regulations shall become effective until a public hearing has been held upon the proposed rules and regulations, and any amendments or modifications thereto, and the same have been approved by the City Commission and filed with the Clerk of the Commission. Upon appro- val by the Commission, such rules and regulations shall have the force and effect of law. The Board shall prescribe forms for use by applicants in com- pliance with the provisions of this section. The Board may authorize any one of its members to admin- ister oaths and certify to official acts. B. MEMBERSHIP. The Historic Preservation Board shall be composed of eleven (11) members. There shall be one architect and one landscape architect, both registered in the State of Florida; one builder, developer or general contractor with considerable construction exper- ience on Miami Beach; one historic preservationist or historian qualified by education and practical experience in the rehabilitation of historic struc- tures; five members as follows: a registered real estate broker; a hotel owner; an apartment building owner; an owner of a commercial property in the City, and a person holding an executive position in a Miami Beach lending institution; and two addition- al members who shall be residents and voters within the City of Miami Beach. All members of the Board shall be residents of, or have business interests in, the City of Miami Beach; provided, however, that the City Commission may waive these requirements in the event a person not meeting these requirements is available to serve on -4- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 the Board and is exceptionally qualified by training and experience in historic preservation matters. All appointments shall be made on the basis of civic pride, integrity, experience and interest in the field of historic preservation. C. APPOINTMENT. Historic Preservation Board members shall be ap- pointed by the City Manager with the consent of the City Commission. An eligibility list solicited from the organizations listed below shall be considered by the City Manager in selecting Board members: American Institute of Architects, local chap- ter - American Society of Landscape Architects, lo- cal chapter - Miami Design Preservation League Miami Beach Developer's Council Miami Beach Chamber of Commerce Miami Beach Jaycees - Miami Beach Visitors and Convention Bureau Miami Beach Development Corporation Miami Beach Resort Hotel Association - Miami Beach Apartment Association - Any person of any other organization repre- senting the interests of the professions or in- dustries listed in the membership categories in Section 26-4(B). D. TERMS OF OFFICE. The term of service on the Historic Preservation Board shall be two years. In order to provide con- tinuity, the members of the first Board appointed under this Section shall be appointed as follows: the architect, the landscape architect, the build- er, developer or general contractor, and the his- toric preservationist or historian shall be ap- pointed for two-year term and the remaining seven (7) members shall each be appointed for one-year terms. Thereafter, every member appointed shall serve a term of two years. E. REMOVAL Removal shall be by the City Manager and approved by a majority vote of the City Commission. No member may be involuntarily removed from office except upon a finding of good cause by the City Commission. F. QUORUM. A quorum shall be seven (7) members of the Board. G. MEETINGS. The Historic Preservation Board shall meet at least once a month or more often at the call of the Chair- person, in order to carry out the provisions of this Section. All meetings shall be open to the public and shall be conducted in accordance with the rules and regulations adopted by the Board. H. ORGANIZATION. 1. The Chairperson and Vice Chairperson shall be elected from the members of the Board by a majority vote. -5- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 h 2. The Department of Planning shall provide the necessary staff to assist the Board in the performance of its duties. I. VOTING A member of the Board may not vote on the designa- tion of an individual site or any Certificate of Ap- propriateness if it involves or affects the members' own property or property owned by members of his or her family. All other state, county and municipal laws governing the ethical conduct of public offi- cials shall apply to members of the Board. 26-5 Designation of HP Districts. A. CRITERIA FOR DESIGNATION 1. The designation of any individual site or property within a proposed Historic Preserva- tion district shall require that the following conditions be met: a. No property may be designated an in- dividual Historic Site unless it is listed on the National Register of His- toric Places, unless the owner thereof agrees to waive this requirement; b. No property shall be designated an Historic Preservation site, nor any pro- perty included within an Historic Preser- vation District, without the written ap- proval of the legal owner(s) thereof; c. No property shall be designated an Historic Preservation site or included within an Historic Preservation district unless such a designation serves the pur- poses and goals contained in Section 26-1 of this Section, and unless the designa- tion of the property is consistent with the criteria for evaluation used by the National Register of Historic Places. B. DESIGNATION PROCEDURE 1. Proposals. Proposals for designation of individual sites or districts may be made to the Historic Pre- servation Board by one of its members, the Board staff, the City Manager, a member of the Miami Beach Planning Board or City Commission, by any property owner with respect to his own property. 2. Preliminary Evaluation. The Board shall conduct a preliminary evalua- tion of the designation proposal in order to determine general conformance with the crite- ria set forth in Section 26-5 and the relation- ship of the proposal to the Board's objectives. After considering the staff's recommendation, the Board may direct the preparation of a des- ignation report. -6- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 3. Designation Report. The designation report shall describe the his- toric, architectural or archeological signifi- cance of the property proposed for site or dis- trict designation, recommend evaluation guide- lines to be used by the Board to evaluate the appropriateness and compatibility of proposed developments affecting a designated site or district, and, if applicable, provide a list of non -conforming structures which shall be ex- cluded from the proposed district. The desig- nation report shall be delivered to the Board at a regularly -scheduled meeting. 4. Public Hearing - Notification. A public hearing on a proposed designation shall be conducted by the Historic Preserva- tion Board within thirty (30) days from the date a designation report has been filed. All property owners of record within the proposed designation area shall be notified by mail of the public hearing at least ten (10) days in advance of the hearing. 5. Recommendation. If the Board finds that the proposed designa- tion meets the intent and criteria set forth in this Section, it shall transmit such recommen- dation to the Planning Board and City Commis- sion, along with the designation report, and any additions or modifications deemed approp- riate. If the Historic Preservation Board finds that the proposed designation does not meet the intent and criteria in this Section, no further Board action shall be required. C. HP DISTRICT DESIGNATION 1. Following a favorable recommendation by the Historic Preservation Board, the proposed designation shall be transmitted to the Miami Beach Planning Board to be processed as a change of zoning in accordance with the proce- dures specified in Section 16-1 of the Zoning Ordinance. 2. The ordinance adopting a proposed desig- nation shall contain or reference the specific evaluation guidelines for the site or dis- trict. 3. All historically, architecturally, or archeologically significant sites and dis- tricts shall be delineated on the City's zoning map. 4. The provisions of this Section shall be in addition to the provisions and regulations of the existing zoning districts; this section shall supersede any conflicting provisions of the Zoning Ordinance. 26-6 Certificate of Appropriateness/Certificate to Dig. A Certificate of Appropriateness issued under the autho- rity of the Historic Preservation Board shall be required prior to the issuance of any permit for new construction, -7- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 demolition, alteration, repair, signage or other physi- cal modification or development affecting any property designated under the provisions of this Section unless the permit applied for is exempt pursuant to Section 26- 3(B). A Certificate to Dig shall be required prior to the initiation of any development involving the excava- tion or fill on a site or in a district designated as archeologically significant pursuant to the provisions of this Section. The procedure to obtain a Certificate to Dig shall be the same as indicated below for a Certi- ficate of Appropriateness. A. APPLICATION. 1. An application for a Certificate of Ap- propriateness may be filed with the Board at the same time or in advance of the submission of an application for a building permit. 2. The application shall be on a form pro- vided by the Historic Preservation Board and shall include the following information and such other information as the Board may deter- mine is needed to allow for a complete evalua- tion of the proposed demolition, construction or other physical improvement, alteration or modification. a) A written description of the pro- posed action; b) A site plan as described in Section 14-3(A) of this Ordinance; c) An elevation showing proposed changes to all architectural features. B. REVIEW PROCEDURE. 1. All applications involving demolition, new building construction, additions to exist- ing buildings, major renovation work or sub- stantial alteration of a designated structure or site shall be placed on the agenda of the Historic Preservation Board for their review and consideration within thirty (30) days after the date of receipt of a completed appli- cation. a) At least ten (10) days prior to con- sideration of an application by the Board, notice of such consideration shall be mailed to the applicant, and all pro- perty owners of record within 375 feet of the subject property, or in the case of a property with an Historic Preservation District, to all other property owners within the District. b) The Board shall approve, deny, ap- prove with conditions or suspend action on an application for a Certificate of Ap- propriateness. In any case, the Board must act on an application within sixty (60) days from the date of receipt of a completed submission, provided, however, that if specific revisions to an applica- tion submission are requested by the Board, the Board may have an additional thirty (30) days in which to render a de- -8 - OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 cision. Upon the approval of the appli- cant and 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, pro- vided all required data have been submit- ted by the applicant as required under this Section, shall constitute approval of the application. d) Notwithstanding any other provision or clause within this section, no new structure may be constructed within a designated Historic Preservation Dis- trict, nor any permit issued for such pur- poses, 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 60 days or the ap- plication will be deemed automatically approved. The procedures specified in Section 26-8 below shall apply to the Board's decision with respect to compati- bility. 2. All other applications for Certificates of Appropriateness involving exterior struct- ural repairs, and minor physical improvements, or alterations (as may be more specifically de- fined by Board regulation) shall be reviewed by the staff on the Board. The staff shall ap- prove, approve with conditions, or deny a Certificate of Appropriateness or a Certifi- cate to Dig within thirty (30) days from the date of receipt of a completed submission; the applicant may agree to an extension of this re- view time. a) In the case of a denial of an appli- cation by the staff, the applicant may re- quest consideration of the completed ap- plication by the Historic Preservation Board which shall proceed to review the application in accordance with the proce- dures set forth in Section 26-6(B). The Board may concur, modify, or reverse the staff's decision. b) Failure to render a decision within the time limits specified herein, pro- vided all required data have been submit- ted by the applicant as required by the provisions of this Section, shall consti- tute approval of the application. 3. The approval of Certificate of Appro- priateness or a Certificate to Dig shall not excuse the applicant of responsibility to com- ply with all other zoning and building laws and regulations of the City, County and State, in- cluding the receipt of applicable zoning vari- ances, site plan approvals and building per- mits. -9-- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 C. DECISIONS ON CERTIFICATES OF APPROPRIATENESS/ CERTIFICATES TO DIG. 1. A decision on an application for a Certi- ficate of Appropriateness shall be based upon evaluation of the compatibility of the physi- cal alteration or improvement with and adher- ence to the adopted evaluation guidelines for the applicable designated site or district. 2. Where, by reason of particular site con- ditions and restraints or because of unusual circumstances applicable to a particular ap- plicant, strict enforcement of the provisions of this Section would result in a undue econo- mic 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. The Board shall adopt administrative rules to specify the standard for demonstrating undue economic hardship. 3. An approved Certificate of Appropriate- ness, together with any conditions or limita- tions imposed by the Board, shall be in written form and attached to the site plan and/or the schematics submitted as part of the applica- tion. Copies of the Certificate shall be kept on file with the Board and shall be transmitted to the Code Enforcement Director. The appli- cant shall receive a copy of the Certificate of Appropriateness. 4. The Board may for a period up to six months deny, or impose conditions for approval on, an application for a Certificate of Appro- priateness for demolition, replacement, alter- ations or improvements to a designated struc- ture. The length of the denial period shall be determined by the Board based upon the relative significance of the structure, the applicable evaluation guidelines of the designated site or district, and the probable time required to investigate or arrange for possible alterna- tives to demolition. 5. A decision on an application for a Certi- ficate to Dig may include specific guidelines and procedures to be followed in excavation of the site. 26-7 Special Provisions A. The Historic Preservation Board shall have the power to waive with or without conditions the park- ing, setback, height, use, signage, density and floor area ratio requirements of the underlying zon- ing district of those properties designated as his- torically, architecturally or archeologically sig- nificant. The Board shall have the specific autho- rity, notwithstanding any other provisions of the City Code, to grant owners: (1) a minimum of a 25% increase in maximum floor area ratio; (2) the right to operate lawful commercial establishments on the ground floors of such properties. The Board shall only grant such rights to property owners who have agreed to the designation of their properties and in conjunction with an application for a Certificate of Appropriateness establishing that physical improve- -10 - OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 ments will result in significant historic renova- tion or preservation. However, no such decision of the Board shall become final until ratified by the City Commission. B. The Historic Preservation Board shall have the authority to grant Certificates for Transfer of De- velopment Rights (TDR) to property owners of indi- vidual sites or owners of properties within dis- tricts designated as historically, architecturally, or archeologically significant. The exercise of this authority shall be in accordance with the cri- teria for Transfer of Development Rights as shall be enacted by the City Commission. 26-8 Appeal Any person affected by a decision of the Board may appeal the Board decision to the City Commission which shall is- sue a final determination. SECTION 2: REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: SEVERABILITY. If any section, subsection, 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 as separate, distinct and an independent provision and such holding shall not affect the validity of the remaining portions of this Or- dinance. SECTION 4: EFFECTIVE DATE This Ordinance shall take effect tion, on June 26 , 1982. 10 PASSED and ADOPTED this June , 1982. 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