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Ordinance 94-2926 ORDINANCE NO. 94-2926 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.89-2665, AMENDING SECTION 19, BY CHANGING THE TITLE TO "HISTORIC PRESERVATION BOARD AND HISTORIC PRESERVATION REGULATIONS"; AMENDING THE MEMBERSHIP, QUORUM, VOTING AND REMOVAL REQUIREMENTS OF THE HISTORIC PRESERVATION BOARD AND OF THE JOINT DESIGN REVIEW/HISTORIC PRESERVATION BOARD; CLARIFYING AND REVISING CRITERIA FOR DESIGNATION OF HISTORIC PROPERTIES AND DISTRICTS; ELIMINATING JOINT PLANNING BOARD/HISTORIC PRESERVATION BOARD PUBLIC HEARINGS REGARDING HISTORIC DESIGNATION; PROVIDING FOR A MORATORIUM OF UP TO 120 DAYS ON ALTERATION OF PROPERTIES RECOMMENDED FOR DESIGNATION BY THE HISTORIC PRESERVATION BOARD; PROVIDING FOR THE DESIGNATION AND PROTECTION OF HISTORIC LANDSCAPE FEATURES; CLARIFYING THE APPLICABILITY OF DESIGNATION, CERTIFICATE OF APPROPRIATENESS AND DEMOLITION REGULATIONS TO SIGNIFICANT ARCHITECTURAL FEATURES OF THE PUBLIC AREAS OF THE INTERIORS OF HISTORIC, AND CONTRIBUTING BUILDINGS; CLARIFYING THE SCOPE OF REGULATIONS PERTAINING TO CERTIFICATES OF APPROPRIATENESS AND EXEMPTIONS THEREFROM AND REVISING THE PROCEDURES AND CRITERIA FOR GRANTING/DENYING SAID CERTIFICATES; REVISING PROCEDURES FOR APPEAL OF HISTORIC PRESERVATION BOARD AND JOINT DESIGN REVIEW/HISTORIC PRESERVATION BOARD DECISIONS; REQUIRING THAT ALTERATIONS TO PROPERTIES MADE IN VIOLATION OF THIS SECTION OBTAIN APPROVAL OR BE REMOVED AND THE PROPERTIES RETURNED TO THEIR FORMER CONDITION; AUTHORIZING THE HISTORIC PRESERVATION BOARD TO GRANT OR DENY CERTIFICATES OF APPROPRIATENESS FOR DEMOLITION OF HISTORIC PROPERTIES AND OF ALL PROPERTIES LOCATED WITHIN DESIGNATED HISTORIC DISTRICTS, REVISING THE CRITERIA FOR SAID DECISIONS; PROVIDING FOR JOINT BOARD REVIEW OF PROJECTS INVOLVING HISTORICALLY SIGNIFICANT PROPERTIES WHICH ARE NONCONFORMING BUILDINGS DAMAGED BY MORE THAN FIFTY PERCENT (50%) OF THEIR VALUE; PROVIDING PROCEDURES FOR DELAY OF DEMOLITION FOR UP TO SIX (6) MONTHS OR PENDING THE CONCLUSION OF ALL APPEALS; EXTENDING THE TIME WITHIN WHICH THE CITY MUST ACT ON CERTIFICATE OF APPROPRIATENESS REQUESTS IN TIMES OF EMERGENCY; PROVIDING WHENEVER POSSIBLE FOR PRIOR NOTICE TO THE HISTORIC PRESERVATION BOARD OF PROPOSED DEMOLITION BY ORDER OF CITY OR COUNTY OFFICIALS OF PROPERTIES UNDER THEIR JURISDICTION; REVISING REGULATIONS PERTAINING TO THE CITY'S HISTORIC PROPERTIES DATA BASE AND PROVIDING FOR CHANGES IN TERMINOLOGY FOR LISTING PROPERTIES CURRENTLY INCLUDED IN THE HISTORIC PROPERTIES DATA BASE AND PROPERTIES TO BE ADDED IN THE FUTURE; PROVIDING THAT CERTAIN PROPERTIES LOCATED IN THE CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AREA SHALL CONTINUE TO BE GOVERNED BY THE CURRENT SECTION 19 UNTIL DECEMBER 31, 1998; PROVIDING THAT NO VARIANCES SHALL BE GRANTED FROM THE PROVISIONS OF THIS SECTION; AMENDING SECTION 3, ENTITLED "DEFINITIONS", BY ADDING DEFINITIONS FOR "CONTRIBUTING BUILDING, STRUCTURE, IMPROVEMENT, SITE OR LANDSCAPE FEATURE," "NON-CONTRIBUTING BUILDING, STRUCTURE, IMPROVEMENT, SITE OR LANDSCAPE FEATURE", "HISTORIC LANDSCAPE FEATURE" AND "HISTORICALLY SIGNIFICANT PROPERTY", AND REVISING DEFINITIONS OF "HISTORIC BUILDING OR STRUCTURE", "HISTORIC DISTRICT," "HISTORIC PROPERTIES DATA BASE" AND "HISTORIC SITE", AND DELETING THE DEFINITION FOR "NON-HISTORIC BUILDING OR STRUCTURE"; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF SUBSECTION 19-3 . That Subsection 19-3 of Section 19, entitled "Historic Preservation Board and Historic District Regulations" of Zoning Ordinance No. 89-2665 is hereby amended as follows: 19-3 SCOPE AND EXEMPTIONS A. Scope Unless expressly exempted by Sub-Section 19-3B below, no Building Permits shall be issued for new construction, Demolition, Alteration, rehabilitation, signage or any other physical modification of a Historic Site, e 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 Certificate of Appropriateness or Certificate 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 material change in the external f atures of any Historic Site or Improvement within a Historic District, or to the Interior of any such Site or Improvement if the--interior features have been designated pursuant to this Section. 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, signage or materials, or any such changes in appearance of designated interiors or in significant 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: 1. 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 6I 2 . Any permit necessary for the compliance with a lawful order of the Building Official, Dade County Unsafe Structures Board, Fire Marshall, or Public Works Director including, without limitation, any permit when issuance of such permit on an immediate basis is necessary for the immediate 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 Contributing Building or Structure within a Historic District, an emergency meeting 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; 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. 3 . Any permit issued for an existing Structure in a designated Historic District which has been specifically excluded from the District. SECTION 2 . AMENDMENT OF SUBSECTION 19-4. That Subsection 19-4 of Section 19 , entitled "Historic Preservation Board and Historic District Regulations" of Zoning Ordinance No. 89-2665 is hereby amended as follows: 19-4 HISTORIC PRESERVATION BOARD There is hereby created a Miami Beach Historic Preservation Board for the purposes of carrying out the provisions of this 3 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 City's history, architecture, archeology, or culture or possess an integrity of location, design, setting, material or workmanship, in accordance with the goals of this Section ; to grant Certificates 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: 1. Recommend to the Planning Board, Design Review Board and City Commission the designation of Historic Buildings, (including where appropriate significant architectural features of public areas of interiors, ) Structures, Improvements, Landscape Features and Sites or Districts. 2 . 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. 3 . Issue or deny Certificates of Appropriateness, and Certificates to Dig and Certificates of Appropriateness for Demolition in accordance with 4 % procedures specified in this Section. Recommend to the City Commission whether a Certificate of Appropriateness for Demolition should be issued or denied pursuant to the procedures specified in Section 6-20,D. 4 . 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. 5. A= The Historic Preservation Board may Advise the Board of Adjustment with regard to Variances associated with properties designated as an Historic Sites, Historic Buildings, Historic Structures, Historic Improvements, Historic Landscape Features or any Building or Structure located within a local Historic District or on National Register District through written recommendation to be read into the record by the Planning and Zoning Director at the Board of Adjustment's hearing. 6. 5, Facilitate the redevelopment of Historic Sites and Districts by directing the Historic Preservation and Urban Design Department, and other City departments, to provide advisory and technical assistance to Property Owners, Applicants for Certificates of Appropriateness. 7 . f - The Board shall 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 any one of its members to administer oaths and to certify official documents. 5 % 8 . 4 The Board shall be empowered to Award historic markers or plaques upon the recommendation of the City Manager and with the consent of the City Commission. 9 . Update and revise the Historic Properties Data Base. B. Membership The Board shall be composed of nine (9) members. There shall be a member from each of the following categories: an architect registered with the State of Florida with practical experience in the rehabilitation of Historic Structures; an architectural historian with a minimum of a Bachelor' s Degree in architectural history or related field and practical experience in the rehabilitation of Historic Structures; a professional engineer, registered with the State of Florida; a licensed real estate broker or salesperson or a person holding an executive position in a Miami Beach lending institution; a representative an appointee from Dade Heritage Trust; a representative an appointee from the Miami Design Preservation League; a person holding an executive position in a Miami Beach lending institution; a member of the faculty of a university in Florida, who has expertise in the field of historic preservation or history of architecture; and two (2) additional members-at-large who reside in, own or manage commercial properties located in the Miami Beach Architectural District e a locally designated historic preservation district. All members of the Board except the architect, engineer, architectural historian and university faculty member 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 6 serve on 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 appointed 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 and City Commission in selecting Board members: 1. American Institute of Architects, local chapter 2 . Miami Design Preservation League 3 . Miami Beach Chamber of Commerce Miami Beach Visitor's and Convention Authority 4 . Miami Beach Development Corporation 5. Miami Beach Board of Realtors 6. Dade Heritage Trust 7 . Florida Engineer Society, local chapter 8 . Any other organization deemed appropriate by the City Manager. The term of service on the Historic Preservation Board shall be two (2) years. In order to provide continuity, the members of the first Board appointed under this Section shall be appointed as follows: the architect, the engineer and the architectural historian shall be appointed for a two (2) year term. The remaining six (6) Thereafter, Except as provided in Subparagraph D below, every member appointed shall serve a term of two years. D. Removal In the event any member of the Board fails to attend three (3) consecutive regularly scheduled meetings andfor 7 three (3) workshops comprised of the entire Board within a period of one year without due cause or bona fide excuse, as found and determined by a majority of the Board, or abstains from voting on a matter before the Historic Preservation Board due to a conflict of interest five (5) times within a period of one year, said member shall cease to be a member of the Board. However, abstentions for reason of conflict for matters relating to amendment of the Historic Properties Data Base shall not be counted for this purpose. E. Quorum The presence of a quorum shall be necessary to conduct a Board meeting. A quorum shall be consist of five (5) members of the Board. A majority vote of the members present shall be necessary to approve all requests or to decide all issues coming before the Board with the following exceptions: 1. Issuance of a Certificate of Appropriateness for demolition, recommendations for historic designation and reclassification of properties listed as "Historic" in the Historic Properties Data Base shall require six (6) affirmative votes. 2 . Quorum and voting requirements for the joint Design Review/Historic Preservation Board shall be as provided in Subsection 19-7 herein. F. Meetings The Historic Preservation Board shall meet at the call of the Chairperson or Historic Preservation and Urban Design Director of the Division of Planning, Design and Historic Preservation Services 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. Members of the public shall have the right to address the Board and to present evidence. 8 G. Organization 1. The Chairperson and Vice Chairperson shall be elected from the members of the Board by a majority vote and shall serve in that capacity for a period of two (2) years. 2 . The Historic Preservation and Urban Design Dcpartmcnt Planning, Design and Historic Preservation Services Division shall provide the necessary staff to assist the Board in the performance of its duties. 3 . The City' s Historic Preservation Coordinator or his/her successor shall attend all meetings of the Board and serve as a liaison between the Board, the City Administration, organizations interested in historic preservation and the general public. SECTION 3. AMENDMENT OF SUBSECTION 19-5. That Subsection 19-5 of Section 19, entitled "Historic Preservation Board and Historic District Regulations" of Zoning Ordinance No. 89-2665 is hereby amended as follows: 19-5 DESIGNATION OF HISTORIC PRESERVATION SITES, STRUCTURES, BUILDINGS, INTERIORS, IMPROVEMENTS, LANDSCAPE FEATURES OR DISTRICTS A. Historic Sitc/Historic District Designation Procedure * * * 4 . Public Hearing - Notification A public hearing on a proposed historic preservation designation shall be conducted by the Historic Preservation Board within forty-five (45) days from the date a designation report has been filed. The Property Owners of record within 375 feet of the property proposed for designation arca shall be notified by mail of the public hearing at least fifteen (15) days in advance of the hearing. The area shall be posted, which includes a summary 9 w of the request, within fifteen (15) days of the public hearing. r The Historic Prcscrvation Board and Planning Board may hold consccutivc Public Hearings, on the same datc, for purposes of administrating this Section. B. Criteria for Designation 1. Mandatory Criteria a. The designation of any individual Cite or district as an Historic Site or District requires compliance with the following criteria: (1) Integrity of location, design, setting, materials, workmanship, and association. 2 . Review Criteria aThe designation of any individual Site or district as an Historic Site or District requires compliance with at lest one (1) of the following criteria: 1. The Board shall have the authority to recommend that properties be designated as Historic Buildings, Historic Structures, Historic Improvements, Historic Landscape Features, Historic Interiors (architecturally significant public portions only, ) Historic Sites, or Historic Districts if they are significant in the historical , architectural, cultural , aesthetic or archeological heritage of the City of Miami Beach, the county, state, or nation. Such properties shall possess an integrity of location, design, setting, materials, workmanship, feeling or association and meet at least one (1) of the following criteria: a. (1) Association with events that have made a significant contribution to the broad 10 patterns of our history+ of Miami Beach, the county, state or nation; b. (2) Association with the lives of Persons significant in our past history; c. (3) Embody the distinctive characteristics of a typc, historical period, architectural or design style or method of construction; d. (4) Possess high artistic values; e. (5) Represent the work of a master; Serve as an outstanding or representative work of a master designer, architect or builder who contributed to our historical, aesthetic or architectural heritage;, (6) Represent a significant and may lack individual distinction; f. (7) Have yielded, or are likely to yield information important in pre-history or history. g_ Listed in the National Register of Historic Places. h. Consist of a geographically definable area that possesses a significant concentration of Sites, Buildings or Structures united by historically significant past events or aesthetically by plan or physical development, whose components may lack individual distinction. 2 . A Building, Structure, (including the public portions of the interior, ) Improvement or Landscape Feature may be designated historic even if it has been altered if the alteration is reversible and the most significant architectural elements are 11 intact and repairable. C. Historic Preservation Designation 1. Recommendation If the Board finds the proposed designation meets the intent and criteria set forth in this Section, it shall transmit such recommendation to the Planning Board and the City Commission, along with the designation report, and any additions or modifications deemed appropriate. If the Historic Preservation Board finds that the proposed designation does not meet the intent and criteria set out in this Section, no further Board action shall be required. 2 . Upon an affirmative recommendation by the Historic Preservation Board, the proposed designation shall be transmitted to the Planning Board who shall process the proposed designation as an amendment to the Zoning Ordinance in accordance with the procedures specified in Section 14 , Changes and Amendments, of the Zoning Ordinance. a: Historic Buildings, shall be listed in the may be revised from time to time and maintained by the Historic Preservation and Urban Design Department. Non historic Buildings, which arc located in a locally designated Historic District or Cite shall also be listed in the Miami Beach Historic Properties Database which may be revised from time to time and which is maintained by the Historic Preservation and Urban Design Department 3 . No Building, Structure, Improvement, landscape feature, Interior, Site or district shall be designated as an Historic Building, Historic 12 % Structure, Historic Improvement, Historic Interior, Historic Site, Historic Landscape Feature or Historic District except by a five-sevenths (5/7) majority vote of the City Commission. ' - Preservation Board the applicant may appeal the Board' s decision to the City Commis-ion. The appeal shall be filed with the Historic Preservation and Urban Design Director within thirty (30) days of the date of the Board' s decision. The Board's decision may be overturned only upon a five sevenths (5/7) vote of the City Commission. 4 Requests for Demolition Permits If, following a recommendation for historic preservation designation by the Board at the public hearing, a permit is sought for Demolition, affecting any property within a proposed designation area, that permit shall not be issued for a period of up to, but not more than, six (6) months or until one of the following occurs: a. The proposed Historic Preservation designation is approved by the City Commission and a Certificate of Appropriateness is awarded by the Board pursuant to Section 19-6 ; b. The proposed Historic Preservation designation is denied by the City Commission; or c. The Applicant applies for an accelerated approval of a Certificate of Appropriateness prior to the final enactment of the Historic Preservation designation for the proposed Site; and such Certificate of Appropriateness has been issued under the provisions of Section 19-6. 13 r 741 Moratorium on Permits Other Than Demolition. a. Whenever the Historic Preservation Board has voted to recommend in favor of a proposed designation, the City Manager shall issue an administrative order setting forth the proposed designation and establishing a moratorium during which any City employee, board or department is prohibited from granting an approval or permit which would involve the alteration, rehabilitation or other physical modification of the Structure or Site proposed for designation, or which would be prohibited in the event that the proposed designation is enacted by the City Commission. b. Any administrative order issued pursuant to the above shall be complied with by all City employees, board and departments and shall be effective until the proposed designation is enacted or rejected by the City Commission. However, in the event that the City Commission fails to enact or reject the designation within 120 days after a favorable recommendation by the Historic Preservation Board, said administrative order shall be deemed expired and shall be without further effect. c. Notwithstanding subparagraphs a and b above, no such administrative order shall affect any project which has a validly issued building permit, variance approval, or Design Review approval . d. Notwithstanding subparagraphs a, b and c above, the owner of property which has been recommended for historic designation by the 14 Historic Preservation Board may receive a permit for alteration of the property during the period of moratorium if he/she obtains a Certificate of Appropriateness for the alteration from the Board. SECTION 4. AMENDMENT OF SUBSECTION 19-6. That Subsection 19-6 of Section 19 , entitled "Historic Preservation Board and Historic District Regulations" of Zoning Ordinance No. 89-2665 is hereby amended as follows: 19-6 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION A Certificate of Appropriateness issued under the authority of the Historic Preservation Board or Joint Design Review/Historic Preservation Board shall be required prior to the issuance of any permit for new construction, Demolition, Alteration, repair, rehabilitation, signage or other physical modification or Development 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 Contributing Building unless the permit applied for is exempted pursuant to Section 19-3B. 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 Certificate to Dig, or to designate a Historic Site as architecturally archaeologically significant, shall be the same as indicated below for a Certificate of Appropriateness. 15 A. Application 1. An application for a Certificate of Appropriateness may be filed with the Board at the same time or in advance of the submission of an application for a Building Permit. Copies of all filed applications shall be made available for inspection by the general public. 2 . All applications involving Demolition, new Building construction, additions to existing Buildings, major renovation work or substantial Alteration, rehabilitation or other physical modification of a designated Historic Building, Historic Structure, Historic Improvement, Historic Landscape Feature, e Historic Site, or Building or Structure located within a Historic District including applications affecting an architecturally significant feature of a public area of an interior of a Historic or Contributing Building 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. Survey c. Complete Site Plan d. Materials containing detailed data as to architectural elevations and plans showing proposed changes and existing conditions to be preserved e. Preliminary plans showing new construction in cases of Demolition f. A financial feasibility study of the new project in cases of Demolition and a 16 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 whether the retention of the Building would deny the owner e€ all economically viable Uses of the property. B. Review Procedure 1. All applications involving Demolition, new Building construction, Alteration, rehabilitation addition) to existing Buildings, or other physical modification, major renovation work or substantial Alteration of a dcsignatcd Historic Building, Historic Structure, Historic Improvement, Historic Landscape Feature, or Historic Site, or Building or Structure located in a Historic District 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 hold a public hearing regarding each application in accordance with the notice and hearing procedures set forth in subparagraph 19-6 B.4 . The Board shall approve, deny, approve with conditions or suspend continue action on all applications for a Certificate of Appropriateness. except for a Ccrtificatc of Appropriatcncss 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 17 the next submission deadline after the receipt of a completed application submission. Provided, however, that if specific revisions to an application submission are requested by the Board, the Board may have an additional thirty (30) forty- five (45) 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 sixty (60) days or ninety (90) one hundred five 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. immediately following a hurricane, flood, fire, riot, act of terrorism, act of war or other such emergency which interrupts the functioning of City activities, the sixty (60) day/one hundred and five (105) day period shall be extended to such reasonable time after resumption of City activities as will allow the Board' s staff to advertise and otherwise prepare for resumption of Board activities. 4 . A Certificate of Appropriateness for the Demolition or partial demolition of designated Historic Buildings, Historic Structures, Historic Improvements, er Historic Sites, Historic Landscape Feature or Buildings and Structures located within a Historic District (including a significant architectural feature of a public area of a Historic or Contributing Building) shall only be considered by the Board following a public hearing. 18 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. The Historic Preservation Board shall decide, based upon the criteria set forth in Subsection 19-6C. 6.d, whether or not to issue a Certificate of Appropriateness for Demolition. A Demolition Permit shall not be issued until a Building Permit for the new construction has been approved. min 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 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 subparagraph. - - = ppropriateness for the Demolition of Non Historic Buildings, Structures, Improvements - . - t - . Base, shall only be considered by the Board following a public hearing. Approximately fifteen (15) days prior to the public hearing date, a of such hearing shall be posted on the property, it 19 % 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 e€ 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. 4 - _ - - __. _ - - a five sevenths (5/7) vote of the City Commission is required A Demolition permit shall not be i.sued until a Building Permit for the new construction has been approved. 5. All applications for Certificates of Appropriateness involving minor Exterior structural repairs and minor physical Improvements or Alterations (as may be more specifically defined by the Board in its By-Laws and Application Procedures) shall be reviewed by the staff of the Board. The staff shall approve, approve with conditions, or deny a Certificate of Appropriateness or a Certificate to Dig within thirty (30) days from the date of receipt of a completed submission; the Applicant may agree to an 20 extension of this review time. The decision of staff will be made available for inspection by the general public fifteen (15) days prior to the issuance of any permit. Failure to render a decision within the time limits specified herein, provided all required data have been submitted by the Applicant as required by the provisions of this Section, shall constitute approval of the application; except that immediately following a hurricane, flood, fire, riot, act of terrorism, act of war or other such emergency which interrupts the functioning of City activities,the thirty (30) day requirement shall be extended to such reasonable time after City activities resume as will allow the Board' s staff to advertise and otherwise prepare for resumption of Board activities. 6. In the case of a denial of an application by the staff, The Applicant the owner(s) of the subject property, Miami Design Preservation League, Dade Heritage Trust or an aggrieved party may appeal any decision of the staff to the Historic Preservation Board/Joint Board by filing a notice of appeal with the Planning, Design and Historic Preservation Services Division within fifteen (15) calendar days of the date of posting of the staff decision. may by the Historic Preservation Board which shall proceed to review the application in accordance with the procedures oct forth in Section 10 G, B. The Board may concur, modify, or reverse the staff 's decision. a. Failure to render a decision within the time limits specified herein, provided all required 21 data have been submitted by the Applicant as required by the provisions of this Section, Except that appeals regarding awnings, windows or signs must be filed within five (5) business days of the date of the staff decision. No permit shall be issued for work prior to expiration of the appeal period or final disposition of any appeal ; except that permits relating to staff approvals of paint colors which are in keeping with the facade color chart, may be issued immediately. For purposes of this Subsection, any individual or group referred to in Subparagraph 19-3A shall be considered an aggrieved party. 7 . The approval of a Certificate of Appropriateness, e a Certificate to Dig shall not excuse the Applicant e€ from responsibility to comply with all other zoning and building laws and regulations of the City, County and State, including the receipt of applicable zoning Variances, Site Plan Approvals and Building Permits except as provided for in Section 19-4 . C. Decisions on Certificates of Appropriateness 1. A decision on an application for a Certificate of Appropriateness shall be based upon evaluation of the compatibility of the physical Alteration or Improvement with surrounding properties and where applicable compliance with and adherence criteria for designation or listed in this Scction. the following: a. The Secretary of Interior' s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as revised from time to time; 22 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 of a,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 siting 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 Structure 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 provisions 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 a written statement presenting the factual data establishing such economic hardship. 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. An approved Certificate of Appropriateness, together with any conditions or limitations imposed 23 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. -5. After deciding to grant a request for a Certificate of Appropriateness for Demolition consideration of the Historic Preservation Board's recommendation, the Historic Preservation Board - - may grant, stay for a fixed period of time, not to exceed six (6) months or deny an application for a the issuance of the Certificate of Appropriateness for Demolition. of a Historic Structure, as provided in Section 19-6,C. 6. Should the Board Commission grant a stay for Demolition, the length of such a stay shall be determined by the Board 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. Alternatively, if an appeal to a Special Master is filed, upon request of the petitioner, the Board may stay demolition pending the conclusion of that appeal and any subsequent court review of the matter. �:-6. Certificate of Appropriateness for Demolition a. Demolition of a historically designated Historic Building, Historic Structure, Historic Improvement, Historic Landscape Feature, e Historic Site, or Building or Structure located within a Historic District may occur pursuant to an order of a government 24 % 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 a designated Historic Building, Structure, Improvement, Landscape Feature or Site. b. 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 Contributing Building or Structure located within a Historic District. of historic 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 any public hearings conducted by such government agency regarding Demolition of a historically designated a Historic Structures, er Historic Building-kL Historic Improvement, Historic Landscape Feature, Historic Site or Contributing 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 the historically designated Structure or Building. it. Prior to requesting a hearing regarding an unsafe Structure which is a Historic Structure, Historic Building, historic Landscape Features 25 Historic Interior (public portion) Historic Improvement, Historic Site, or Building or Structure located within a Historic District, the City' s Building Official shall send notice of the request to the Historic Preservation Board. The matter shall be placed on the Agenda of the next Board meeting. However, action/inaction by the Board shall not delay action of the Building Official . c. No permit for voluntary Demolition of a historically designated Historic Building, Historic Structure, Historic Improvement, ew 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. Refusal by the City Commi.sion 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. 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 26 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 civic 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 Ocean Drive/Collins Avenue, Espanola Way, and Altos del Mar) as a guideline in determining Demolition should be i. sucd. The GIty Historic Preservation Commi.fion and the Board shall also consider the following criteria in evaluating applications for a Certificate of Appropriateness for Demolition of designated Historic Buildings, Historic Structures, Historic Improvements, or Historic Sites, Historic Landscape Features and all Structures and Building located in a Historic District or architecturally significant feature of a public area of the interior of a Historic or Contributing Building: (1) The Building, Structure, Improvement, or 27 Site is designated on either a national,— or state, or local level as part of an historic preservation district or as a historic an architectural landmark or Site, or is designated pursuant to Subsection 19-5 herein as a Historic Building, Historic Structure or Historic Site, Historic Improvement, Historic Landscape Feature, historic interior or the Structure is of such historic/architectural interest or quality that it would reasonably meet national, state or local criteria for such designation. (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, or is a distinctive example of an architectural or design style which contributes to the character of the district. (4) The Building, Structure, Improvement, or Site is a Contributing Building, Structure, Improvement, Site or Landscape Feature rather than a Noncontributing Building, Structure, Improvement, Site or Landscape Feature in a Historic District as defined in Subparagraphs 3-2A. 52 and 136 or is an architecturally significant feature of a public area of the interior of a Historic or Contributing Building. 28 character of a historically designated District. (5) Retention of the Building, Structure, Improvement, landscape feature 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. (6) If the proposed Demolition is for the purpose of constructing a parking garage, the Board shall only consider it if the parking garage is designed in a manner that is consistent with the Secretary of the Interior ' s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, U.S. Department of the Interior (1983) , as amended, and/or the design review guidelines for that particular district. If the District in which the property is located lists retail Uses as an allowable Use then the ground floor shall contain such Uses. At-Grade Parking Lots shall not be considered under this regulation Parking Lots or Garages as main permitted Uses shall not be permitted on Lots which have a Lot line on Ocean Drive or Espanola Way. (7) There are definite plans for reuse of the property if the proposed Demolition is carried out, and the effect of those plans on the character of the Historic 29 % District, whether there is a compelling public interest requiring the proposed demolition, and whether the Applicant is willing to bond the completion of the proposed new construction. (8) The Dade County Unsafe Structures Board has ordered the Demolition of a Structure without option. or the feasibility study determines that the retention of the Building would deny the owner of all (9) The Board determines that retention of the Building/Structure would deny the owner economically viable use of the property. e. If a Certificate of Appropriateness for Demolition is issued, the Historic Preservation Board may require a marker on the property which provides the historic background of the Structure. elf. A Building Permit shall not be issued for the demolition of a Historic Building, Historic Structure, Historic Improvement, Historic Landscape Feature, Historic Site, or for any Building or Structure located within a Historic District until a Building Permit for the new construction has been issued. meq. Fees - the below fees 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, including amendments for a Certificate of Appropriateness for Demolition: (1) $400. 00 plus $. 50 per mailing address. 30 (2) If an Applicant withdraws the 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 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 prior to an advertised public hearings, one-half (1/2) of the fees paid shall be retained by the City. (6) No Building Permit shall be issued by the Building Official which affects any historically designated property Historic Building, Historic Structure, Historic Improvement, Historic Landscape Feature, Historic Site, or Building or Structure located in a Historic District or architecturally significant feature of a public area of an interior of a Historic or Contributing Building without a Certificate of Appropriateness. (7) 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 31 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. (8) For the purposes 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. Provided, however, that in the event of demolition of a Historic Building, Historic Structure, Historic Improvement, Historic Landscape Feature, Historic Site, or Historic or Contributing Building in a Historic District, an emergency meeting of the Historic Preservation Board shall first be convened as set forth in Subparagraph 9-3B. 2 herein. The owner of a Building damaged by fire or natural calamity shall be permitted to stabilize the Building immediately without City Commission approval, and to rehabilitate at a later date under the procedures as set forth in this Ordinance. SECTION 5. AMENDMENT OF SUBSECTION 19-7 . That Subsection 19-7 of Section 19, entitled "Historic Preservation Board and Historic District Regulations" of Zoning Ordinance No. 89-2665 is hereby amended as follows: 19-7 HISTORIC PRESERVATION BOARD AND DESIGN REVIEW BOARD JOINT REVIEW OF PROJECTS A. In those instances where a designated Historic Building, Historic Structure, Historic Improvement, Historic Landscape Feature, Historic Site, or Building or 32 Structure located within a Historic District, or National Register site or District, is also under the jurisdiction of the Design Review Board (see Section 18 of the Ordinance) , requests for Design Review approval or and a Certificate of Appropriateness other than for demolition shall be reviewed by a joint meeting of the Design Review Board and the Historic Preservation Board' s architect, architectural historian, appointees from Miami Design Preservation League, Dade Heritage Trust, and faculty member from a university in Florida. and one (1) at large - - - - - - - - - However, one of these members must be an architect registered with the State of Florida. In the event that one such member is not an architect the Board may vote to replace one of these members with another member who is an architect. The Joint Board shall also review requests for Design Review Approval for projects involving rehabilitation pursuant to Section 13 of Historically Significant Buildings which are Nonconforming Buildings and have been damaged by more than 50% of their value. B. The presence of a quorum shall be necessary to conduct a meeting of the Joint Board. A quorum of the joint meeting shall consist of seven (7) members of the combined Board; provided, however, that at least two (2) of the seven (7) members must be members of the Historic Preservation Board. An affirmative vote of the majority of the members present at the joint meeting shall be necessary in order to approve a request. If any member of the Historic Preservation Board who is serving on the Joint Board fails to attend three (3) regularly scheduled meetings of the Joint Board or three (3) Joint Board workshops comprised of the entire Joint Board within a period of one (1) year or abstains from voting on a case before the Joint Board due to a conflict of interest six 33 % (6) times in one year, such member shall cease to be a member of the Joint Board and the Historic Preservation Board shall select a replacement to serve on the Joint Board. Application requirements shall be pursuant to Section 19 6 C. 9 .b. and c. 19-6A and the Design Review Board By-Laws. Appeals resulting from decisions of this combined Board shall be pursuant to Ccction 18 2 of the Ordinance. Review of projects by the Joint Board shall follow the notice and hearing requirements of Subsection 18-2 . SECTION 6. AMENDMENT OF SUBSECTION 19-8. That Subsection 19-8 of Zoning Ordinance No. 89-2665 is hereby amended as follows: 19-8 PROCEEDING 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: "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. 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. 34 C. Upon the withdrawal or final denial of an application for a Certificate of Appropriateness for Demolition from the Historic Preservation Board, or Design Review Board/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 Historic Preservation and Urban Design Department 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 Board/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. D. After a request for a Certificate of Appropriateness has been properly considered ordered by the Board, and/or City Commission on a• .cal, the Applicant shall record in the public records of Dade County 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, or Design Review Board/Historic Preservation Board and/or the City Commission is empowered to release conditions, 35 assuming the condition is no longer applicable. E. 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, er 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 Certificate 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, Improvement, Landscape Feature, interior or 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. SECTION 7 . AMENDMENT OF SUBSECTION 19-9. That Subsection 19-9 of Zoning Ordinance No. 89-2665 is hereby repealed, and a new Subsection 19-9 is hereby added as follows: 19-9 UNAUTHORIZED ALTERATIONS When the Historic Preservation Board determines that a Building, Structure, Improvement or Site located within a Historic District or a Building, Structure, Improvement, Site or Landscape feature which has been designated "Historic" 36 pursuant to this Section has been altered in violation of this Section, the Board may notify the City' s Code Enforcement Division to initiate enforcement procedures. Any such property altered without obtaining a Certificate of Appropriateness must be returned to its condition prior to the alteration. Alternatively, the property owner may obtain a Certificate of Appropriateness from the Joint Design Review/Historic Preservation Board to retain the Alteration. However, if the Certificate of Appropriateness is denied, the property shall be returned to its condition prior to the Alteration. Failure to comply with this Subsection shall be punished by the imposition of fines and liens of up to $250 per day and $500 per day for repeat violations as provided in Chapter 9B of the Miami Beach City Code. 19-9 APPEAL A. Any Person affected by a decision of the Historic Preservation Board may appeal such decision within 34 days of the Board's action pursuant to the following procedures: 1. Appeals relating to design i.cues (not Demolition i.cucs) a.cociated with a Certificate of Appropriateness shall be decided by the Design Review Board pursuant to Section 18 2 ; 2 . Appeals pertaining to Historic District or Site designation jurisdiction after the City Commission has approved or disapproved such designation pursuant to Section 14, Changes and Amendments, shall be to a court of competent jurisdiction by petition for writ of certiorari. 3 . All appeals with the exception of those pertaining to Historic District or Site designation, shall be - - - • - - - - - Department which shall process the request. B. An aggrieved party or the Applicant for the Certificate of Appropriateness for Demolition may appeal the City 37 Commission' s dccision to the court of compctcnt jurisdiction by pctition for writ of ccrtiorari. SECTION 8. ADDITION OF SUBSECTION 19-10. That Section 19 entitled, "Historic Preservation Board and Historic District Regulations" of Zoning Ordinance No. 89-2665 is hereby amended by addition of Subsection 19-10 to read as follows: 19-10 HISTORIC PROPERTIES DATA BASE A. Historic Buildings, Historic Structures, Historic Improvements, Historic Landscape Features, historic interiors and Historic Sites and Historically Significant Properties as defined in Section 3 of this Ordinance shall be listed as such in the Miami Beach Historic Properties Database maintained by the Historic Preservation and Urban Design Department. Buildings, and Structures which are located in a locally designated Historic District but have not been individually designated "Historic" pursuant to Subsection 19-5 shall also be listed in the Miami Beach Historic Properties Database and classified as either Contributing or Non- Contributing as defined in Section 3 of this Ordinance. B. Except as elsewhere provided in this Ordinance,the Historic Properties Data Base may be revised from time to time by the Historic Preservation Board according to the procedures set forth in this subparagraph. Prior to making any revision to the Miami Beach Historic Properties Data Base, the Board shall hold a public hearing to consider the revision. The owner(s) of any property considered for listing or revision of classification in the Data Base shall receive notice of such hearing at least fifteen (15) days prior to the hearing. The hearing shall also be advertised in a newspaper of general circulation in the City of Miami Beach at least fifteen (15) days prior to the hearing. 38 Notwithstanding any other provisions of this Section, after May 14 , 1994 properties shall not be added to the Data Base as "historic" or reclassified as "historic" in the Data Base unless they have been designated as "historic" pursuant to the procedures set forth in Subsection 19-5 herein. In determining whether a property classified in the Data Base as "historic" should be reclassified, the Board shall utilize the designation criteria in Subparagraph 19-5B. 1 . SECTION 9. ADDITION OF SUBSECTION 19-11. That Section 19 , entitled "Historic Preservation Board and Historic Preservation Regulations" of Zoning Ordinance No. 89-2665 is hereby amended by addition of Subsection 19-11 to read as follows: 19-11 CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA The amendments to this Section made pursuant to Ordinance No. 94-2926 shall not apply to the two proposed hotel sites located between 15th and 16th Streets on the east side of Collins Avenue and between 18th and 21st Streets on the east side of Collins Avenue and the proposed garage sites on the west side of Collins Avenue opposite 16th Street as such sites are identified in the City Center/Historic Convention Village Redevelopment and Revitalization Area Plan until December 31 , 1998 . Said sites shall continue to be governed by the Section 19 of Zoning Ordinance No. 89-2665 as amended prior to and through May 5, 1994 until December 31, of 1998; except that all duties and functions required of the Historic Preservation Board and Design Review/Historic Preservation Board pursuant to Ordinance No. 89-2665 shall be performed respectively by the Historic Preservation Board and Design Review/Historic Preservation Board appointed pursuant to Ordinance No. 94- 2926. A copy of Section 19 as applicable to said sites until December 31, 1998 is available in the Office of the City Clerk. 39 SECTION 10. ADDITION OF SUBSECTION 19-12 . That Section 19, entitled "Historic Preservation Board and Historic District Regulation" of Zoning Ordinance No. 89-2665 is hereby amended by addition of Subsection 19-12 to read as follows: 19-12 VARIANCES PROHIBITED No variances shall be granted from any of the provisions of this Section. SECTION 11. ADDITION OF SUBSECTION 19-13. That Section 19, entitled "Historic Preservation Board and Historic District Regulations" is hereby amended by addition of Subsection 19-13 to read as follows: 19-13 Rehearings and Appeals. A. Rehearings The Historic Preservation Board or Joint Design Review/Historic Preservation Board may consider a Petition for Rehearing by the Applicant, the owner(s) of the subject property, the City Manager, an aggrieved party, Miami Design Preservation League, or Dade Heritage Trust. The Petition for Rehearing must demonstrate to the Board that (1) there is newly discovered evidence which is likely to be relevant to the decision of the Board, or (2) the Board has over-looked or failed to consider something which renders the decision issued erroneous. A Petition for Rehearing must be filed within fifteen (15) days of the filing of the last decision issued in the case; however, in cases where a condition imposed by the Board is not followed by the Applicant or is incapable of being done within this 15 day time frame, a petition for rehearing may be filed within sixty (60) days of the decision imposing the condition. Notice requirements for a rehearing shall be identical to the notice requirements for the original hearing. The Board may rehear a case, take additional testimony and either reaffirm its previous decision or issue a new decision reversing or modifying the previous decision. 40 B. Appeals 1. The Applicant, The owner(s) of the subject property, the City Manager, Miami Design Preservation League, Dade Heritage Trust, or a party aggrieved by a decision of the Historic Preservation Board or Design Review/Historic Preservation Board may appeal the Board' s decision to a Special Master appointed by the City Commission. The appeal shall be based on the record of the hearing before the Board, shall not be a de novo hearing, and no new, additional testimony shall be taken. The appeal shall be in writing and submitted to the Historic Preservation and Urban Design Director within twenty (20) days of the date on which the Board reached a decision on an application. However, in the event that a Petition for Rehearing is filed pursuant to subparagraph A above, the time for filing an appeal to the Special Master shall be twenty (20) days from the date of the Board' s ruling on the Petition or from any rehearing which may be held. Within thirty (30) days of receipt of the appeal, the Historic Preservation and Urban Design Director shall submit the appeal to the Special Master who shall set a date and time for hearing the appeal . Notice requirements for the hearing shall be identical to the notice requirements for the original decision upon which the appeal is based. 2 . In order to reverse, amend, or modify any decision of the Board, the Special Master shall find that the Board did not do one of the following: a. provide procedural due process, b. observe essential requirements of law, or c. base its decision upon substantial competent evidence. Within ten (10) days of the date of the hearing the 41 Special Master shall issue a written Order setting forth his/her decision, which shall be promptly mailed to all parties to the appeal . 3 . Special Masters appointed to hear appeals pursuant to this Subsection shall be attorneys who are members in good standing of the Florida Bar and have expertise in the area of historic preservation. Special Masters shall serve terms of three (3) years, provided however, that they may be removed without cause upon a majority vote of the City Commission. Compensation for Special Masters shall be determined by the City Commission. 4 . An applicant, the owner(s) of the subject property, the City Manager, Miami Design Preservation League, Dade Heritage Trust or a party aggrieved by a decision of the Special Master may appeal the decision to a court of competent jurisdiction by petition for writ of certiorari. SECTION 12 . AMENDMENT OF SUBSECTION 3-2 . That Subsection 3-2 of Section 3 , entitled "Definitions" of Zoning Ordinance No. 89-2665 is hereby amended as follows: 3-2 TERMS DEFINED. A. For purposes of this Ordinance, certain terms and words are hereby defined. 51. CONSISTENCY OR CONSISTENT: Compatible with the principles of, and furthering the objectives, policies, land uses, and intensities of the City of Miami Beach Comprehensive Plan. 52 . CONTRIBUTING BUILDING, STRUCTURE, IMPROVEMENT, SITE, OR LANDSCAPE FEATURE: one which by location, scale, design, setting, materials, workmanship, feeling or association adds to a local historic district ' s sense of time and 42 place and historical development. A Building, Structure, Improvement, Site or Landscape Feature may be Contributing even if it has been altered if the alterations are reversible and the most significant architectural elements are intact and repairable. 87 . HISTORIC BUILDING, IMPROVEMENT OR STRUCTURE: A. Building, Improvement or Structure which meets the following criteria: has been designated as historic pursuant to the procedures in Subsection 19-5 or which is designated as historic in the Historic Properties Data Base. The public portions of interiors of Historic Buildings and significant landscape features may also be considered historic if they have been so designated pursuant to Subsection 19-5 or in the Historic Properties Data Base. a. The Building was present during a period of historical significance, and possesses historic integrity reflecting its character at that time or is capable of yielding important information about the period, or b. The Building independently meets the National Register of Historic Places as defined by the U.S. Department of the Interior criteria, or c. The Building is listed in the Historic Data Base (as amended) . A Building is historic even if it has been the Building's key historic architectural elements arc intact and repairable. 88 . HISTORIC DISTRICT. Two or more Sites, 43 e Buildings, Structures, Landscape Features or other Improvements that arc concentrated in the same arca and have A geographically definable area which has been designated as an Historic District pursuant to Subsection 19-5. 89 . HISTORIC LANDSCAPE FEATURE: Vegetation, geological feature, ground elevation, body of water or other natural or environmental feature which has been designated as a Historic Landscape Feature pursuant to Subsection 19-5. 90. HISTORIC PRESERVATION AND URBAN DESIGN DIRECTOR: That individual appointed by the City Manager who is the Director of the Historic Preservation and Urban Design Department. 91. HISTORIC PROPERTIES DATA BASE (DATA BASE) : A list maintained by the City' s Planning and Zoning Department containing the names, addresses and relevant historic data of regarding those Buildings the following: a. Buildings, Structures, Improvements, Sites, interiors and landscape features determined to be of historic significance designated pursuant to Subsection 19-5 as Historic Buildings , Structures , Improvements, Sites, interiors and Landscape Features. b. Buildings located in a Historic District. Properties located in a Historic District shall be classified in the Data Base as Historic, Contributing or Non- Contributing. Entries for Historic and Contributing Buildings may include 44 architecturally significant features of the public portions of interiors of the Buildings. c. Historically Significant Properties. The data base may be updated, amended and revised by the Planning and Zoning Director as = - - Historic Preservation Board. 92 . 91. HISTORIC SITE: An individual Building, Structure or other Improvement A Site which has been designated an Historic Site pursuant to Subsection 19-5. or which is designated as a Historic Site in the Historic Properties Database. 93. HISTORICALLY SIGNIFICANT PROPERTY: a Building, Structure, Improvement or Site which has not been designated Historic pursuant to Subsection 19-5 and is not located in a Historic District, but meets the requirements for historic designation as set forth in Subsection 19-5B. 1. 137 . NON-CONTRIBUTING BUILDING, STRUCTURE, IMPROVEMENT, OR LANDSCAPE FEATURE: A Building, Structure, Improvement, Site or Landscape Feature located in a designated Historic District which does not add to the District' s sense of time and place and historical development; or one where the location, design, setting, materials, workmanship, feeling and association have been so altered or have so deteriorated that the overall integrity of the building has been irretrievably lost. 45 136. NON-HISTORIC BUILDING OR STRUCTURE: Buildings substantially dcstroycd. SECTION 13. CHANGE OF TERMINOLOGY IN DATA BASE. Upon the effective date of this Ordinance, the terminology for classifications used in the Data Base shall be as follows: 1) Properties located inside or outside of a Historic District which have been designated "Historic" pursuant to Subsection 19-5 shall continue to be classified "Historic" ; 2) Properties located outside of a Historic District which have not been designated "Historic" pursuant to Subsection 19-5 and are currently classified "Historic" in the Data Base shall be classified as "Historically Significant Properties" ; 3) Properties located within a Historic District which have not been designated "Historic" pursuant to Subsection 19-5 herein and are currently classified as "Historic" , "non-historic conforming" or "conforming" in the Historic Properties Data Base shall be classified as "contributing" ; 4) Properties currently classified as "non-contributing" or non- conforming" shall be classified as "non-contributing" . The above- stated changes in terminology may be made by staff of the Historic Preservation Board without regard to the procedural requirements of Subsection 19-10B herein. SECTION 14. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 15. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 46 SECTION 16. EFFECTIVE DATE. This Ordinance shall take effect on the 14th day of May , 1994 . PASSED and ADOPTED this 4th day of May , 1994. 1)ejA ATTEST: MA R CITY CLERK 1st reading 4/20/94 2nd reading 5/4/94 SWS:scf:sec19(2).new FORM APPROVED LEGAL DEPT. By Date U1 - 5'6-4 L1 47 ^ a. • N 1.60 41 C.; ro 0 b p tV •Z7 0O cq N o u Pq 0 uo >, o 4-I .0\ F+ .a v-1 0 -H 4-) e--1 }a al w, N LC a1 G 1).-t�i rA -H Q4., .�O ty 'L7 .0 D s--1 ID V C.) ca o 0 0 a1 • +1 O ar) •rl }^! v'0 •.r, bAr.! 0 Ci • +1 •H • -H C • bco 11 0 • sv. • -4•J co • 1 •