Ordinance 97-3095ORDINANCE NO. 97-3095
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665, BY AMENDING SECTION 19 ENTITLED
"HISTORIC PRESERVATION BOARD AND HISTORIC DISTRICT
REGULATIONS" BY AMENDING SUBSECTION 19-2.E TO CLARIFY AND
EXPAND THE PURPOSE OF THE HISTORIC PRESERVATION BOARD, BY
AMENDING SUBSECTION 19-3.B.2 TO CLARIFY THE SCOPE AND
APPLICABLE EXEMPTIONS OF THE SECTION, BY AMENDING
SUBSECTION 19-4.A TO EXPAND UPON THE DUTIES OF THE HISTORIC
PRESERVATION BOARD, BY AMENDING SUBSECTION 19-6.C.6(2) TO
CLARIFY PROCEDURES FOR DECISIONS ON CERTIFICATES OF
APPROPRIATENESS FOR DEMOLITION, BY AMENDING SUBSECTION 19-
8.E TO CLARIFY AND EXPAND THE REQUIREMENTS FOR MAINTENANCE
OF PROPERTIES WITHIN A DESIGNATED HISTORIC DISTRICT AND
HISTORIC SITES. INCLUDING THE RIGHT TO IMPOSE LIENS; PROVIDING
FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, The City of Miami Beach wishes to preserve it's unique architectural history
and to maintain the integrity of existing structures in the City's designated historic districts and sites;
and
WHEREAS, The City of Miami Beach Historic Preservation Board is the primary vehicle
for preserving this historic and architectural integrity; and,
WHEREAS, The City of Miami Beach desires to expand and enhance existing procedures
of the Historic Preservation Board as they pertain to the maintenance of existing buildings and
structures in the local designated historic districts in order to preserve the historical and architectural
integrity and character of the City; and,
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 19, entitled "Historic Preservation board and Historic District
Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended
as follows:
1
19-2 PURPOSE
The general purpose of these regulations is to protect and encourage the revitalization of Sites
and Districts within the 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 Historic Sites and Districts.
b.
c.
d.
e.
The protection of such Historic Sites and Districts to combat urban blight,
promote tourism, foster civic pride, and maintain physical evidence of the City's
heritage;
The encouragement and promotion of restoration, preservation, rehabilitation
and reuse of Historic Sites and Districts by providing technical assistance,
investment incentives, and facilitating the Development review process;
The promotion of excellence in urban design by assuring the compatibility of
restored, rehabilitated or replaced Structures within designated Historic
Districts.
The protection of all existing buildings and structures in the City's designated
historic districts or on designated historic sites from unlawful demolition,
demolition by neglect and the failure of property owners to maintain and
preserve the structures.
19-3 SCOPE AND EXEMPTIONS 121
a. Scone
Unless expressly exempted by Sub -Section 19-3,B below, no Building Permits shall be
issued for new construction, Demolition, Alteration, rehabilitation, signage or any other
physical modification of a Historic Site, Historic Building, Historic Structure, Historic
Improvement, Historic Landscape Feature or any Building or Structure located within
a Historic District without the prior issuance of a 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
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:
i.
All permits for plumbing, heating, air conditioning, elevators, fire
alarms and extinguishing equipment, and all other mechanical and
electrical equipment not involving Exterior facade changes or
construction visible from the public right-of-way or a designated
interior.
2
ii. Any permit necessary for compliance with a lawful order of the
Building Official, Dade County Unsafe Structures Board, Fire Marshall,
or Public Works Director when issuance of such permit on an immediate
basis is necessary for the public health or safety or to prevent injury to
life, limb or property. In the event that compliance includes demolition
of a Historic Building, Historic Structure, Historic Site, Historic
Landscape Feature or 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; hhewever, these suggestions shall be
taken into consideration by the official issuing the final determination
regarding demolition. However, the final determination regarding
demolition shall be made by the official issuing the Order. In the event
that the Board does not hold the meeting prior to the scheduled
demolition, the demolition may take place as scheduled.
iii. Any permit issued for an existing Structure in a designated Historic
District which has been specifically excluded from the District.
19-4 HISTORIC PRESERVATION BOARD 1.1
There is hereby created a Miami Beach Historic Preservation Board for the purposes of carrying
out the provisions of this Section. The Board shall have the authority to recommend the
designation of areas, places, Buildings, including the public portions of interiors of Buildings,
Structures, Landscape Features, Archeological Sites and other Improvements or physical
features, as individual Buildings, Structures, Improvements, Landscape Features, Sites, districts,
or archeological zones that are significant to the 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:
i. Recommend to the Planning 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 Historic Sites or Districts.
ii. 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.
iii. Issue or deny Certificates of Appropriateness, Certificates to Dig and
Certificates of Appropriateness for Demolition in accordance with
procedures specified in this Section.
19.3
iv. Recommend restoration of property to its prior condition as required by
Subsection 19-9 herein when the property has been altered in violation
of this Section.
v. Advise the Board of Adjustment with regard to Variances associated
with properties designated as Historic Sites, Historic Buildings, Historic
Structures, Historic Improvements, Historic Landscape Features or any
Building or Structure located within a Historic District or a National
Register District through written recommendation to be read into the
record by the Planning and Zoning Director at the Board of
Adjustment's hearing.
vi. 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. 53
vii. 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.
viii. Award historic markers or plaques upon the recommendation of the City
Manager and with the consent of the City Commission. 57
ix. Update and revise the Historic Properties Data Base.
Advocate that the City Administration explore and advise the Historic
Preservation Board and the Building Official as to alternatives available
for stabilizing and preserving inadequately maintained and/or unsafe
buildings or structures within the City's designated historic districts or
on designated historic sites,
19-6 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/
CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION 12
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, rehabilitation, signage or other physical
modification affecting any property located in a Historic District or designated under the
provisions of Subsection 19-5 as a Historic Building, Historic Structure, Historic Improvement,
Historic Landscape Feature or Historic Site or affecting a significant architectural feature of a
public area of an interior of a Historic or Contributing Building unless the permit applied for is
exempted pursuant to Section 19-3,B. A Certificate to Dig shall be required prior to the
initiation of any Development involving the excavation or fill on a Historic Site or in a Historic
district designated as archaeologically significant pursuant to the provisions of this Section. The
procedure to obtain a Certificate to Dig, or to designate a Historic Site as archaeologically
significant, shall be the same as indicated below for a Certificate of Appropriateness.
C. Decisions on Certificates of Appropriateness
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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 the following:
a. The Secretary of Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings as revised from time
to time;
b. Other guidelines/policies/plans adopted or approved by resolution or
ordinance by the City Commission.
2. In determining whether a particular application is compatible with
surrounding properties the Board shall consider the following:
a.
b.
c.
d.
e.
f.
Exterior architectural features.
General design, scale and arrangement.
Texture and material and color.
The relationship of a,b,c, above, to other structures and features of the
district.
The purpose for which the district was created.
The relationship of the size, design and sitting of any new or
reconstructed structure to the landscape of the district.
3. Where, by reason of particular Site conditions and restraints or because of
unusual circumstances applicable to a particular Applicant's property, strict
enforcement of the provisions of this Section would result in an undue
economic hardship to the Applicant, the Board shall have the power to vary
or modify the 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, ten (10) copies of a written statement
presenting the factual data establishing such economic hardship. The written
statement presenting factual data shall be in the form of a sworn affidavit
containing all of the following information:
a. The amount paid for the property, the date of purchase and the party
from whom purchased:
b. The assessed value of the land and improvements thereon according
to the three (3) most recent assessments:
c. Real estate taxes for the previous five (5) years:
d. All appraisals obtained within the previous five (5) years by the
owner or Applicant in connection with his purchase, financing or
ownership ofpthe property:
e. Any listing of the property for sale or rent, price asked and offers
received, if any:
5
f. Any consideration by the Applicant as to profitable adaptive uses for
the property:
With respect to income producing property only, annual gross income
from the property for the previous five (5) years, operating and
maintenance expenses for the previous five (5) years, and annual cash
flow, if any, for the previous five (5) years; and,
h. Such additional information as may be relevant to a determination of
undue economic hardship.
In the event that any of the required information is not reasonably available
to the Applicant and cannot be obtained by the Applicant, the Applicant shall
file with his affidavit a statement of the information which cannot be
obtained and shall describe the reasons why such information cannot be
obtained. The fact that compliance would result in some increase in costs
shall not be considered undue economic hardship if the use of the property
is still economically viable.
4. An approved Certificate of Appropriateness, together with any conditions or
limitations imposed by the Board, shall be in written form and attached to the
Site Plan and/or the schematics submitted as part of the applications. Copies
of the Certificate shall be kept on file with the Board and shall be transmitted
to the Building Official. The Applicant shall receive a copy of the Certificate
of Appropriateness.
5. After deciding to grant a request for a Certificate of Appropriateness for
Demolition the Historic Preservation Board may, stay for a fixed period of
time, not to exceed six (6) months the issuance of the Certificate of
Appropriateness for Demolition. Should the Board grant a stay for
Demolition, the length of such a stay shall be determined by the Board based
upon the relative significance of the Structure and the 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
g.
(1)
(2)
Demolition of a Historic Building, Historic Structure, Historic
Improvement, Historic Landscape Feature, Historic Site, or
Building or Structure located within a Historic District may
occur pursuant to an order of a government agency or a Court
of appropriate jurisdiction or, if granted, pursuant to an
application by the owner for a Certificate of Appropriateness
for the Demolition of a designated Historic Building,
Structure, Improvement, Landscape Feature or Site.
Government agencies having the authority to demolish unsafe
Structures shall receive notice that a Building or Structure
considered for demolition is a Historic Building, Historic
Structure, Historic Improvement, Historic Landscape Feature,
Historic Site or Contributing Building or Structure located
within a Historic District. The Historic Preservation Board
shall be deemed an interested party and shall be entitled to
6
(3)
receive notice of any public hearings conducted by such
government agency regarding Demolition of a Historic
Structure, Historic Building, 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 it. Prior to requesting a hearing
regarding an unsafe Structure which is a Historic Structure,
Historic Building, historic Landscape Feature, Historic
Interiorublic portion)Historic Improvement, Historic Site,
or Building or Structurlocated 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, or on the agenda of an
emergency meeting of the Board. However, action/inaction
by the Board shall not delay action of the Building Official.
No permit for voluntary Demolition of a Historic Building,
Historic Structure, Historic Improvement, Building or
Structure located within a Historic District shall be issued to
the owner(s) thereof until an application for a Certificate of
Appropriateness for Demolition has been submitted and
approved pursuant to the procedures in this Ordinance. In
determining whether a Historic Building, Historic Structure,
Historic Improvement, Historic Landscape Feature, Historic
Site, or Building or Structure locatedwithina Historic
District or architecturally significant feature of a public area
of the interior of a Historic or Contributing Building should
be demolished the Historic Preservation Board shall be
guided by the criteria contained in subsection 19-6,C.5.d.
After a Demolition denial, or during a Demolition delay
period, the Historic Preservation Board may take such steps
as it deems necessary to preserve the Structure concerned in
accordance with the purposes and procedures of this
Ordinance. Such steps may include, but shall not be limited
to, consultation with civil groups, public agencies and
interested citizens, recommendations for acquisition of
property by public or private bodies or agencies, and
exploration of the possibility of moving one or more Structure
or other feature.
19-8 PROCEEDINGS BEFORE THE HISTORIC PRESERVATION BOARD: „ zi
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:
, hereby swear under oath that any and all
testimony to be given by me in this proceeding is the truth, the whole
truth, and nothing but the truth, so help me God."
Any Person giving false testimony before the Historic Preservation Board shall
be subject to the maximum penalty provided by law.
7
B. After the Board has heard all evidence regarding a request, it shall issue a written order
setting forth its decision and the findings of fact upon which the decision is based. A
copy of the Board's Order shall be promptly mailed to the Applicant.
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, a new application cannot be filed within six months
of the date of the withdrawal or denial unless, however, the decision of the Board taking
any such final action is made without prejudice. An application may be withdrawn
without prejudice by the Applicant as a matter of right if such request is signed by the
Applicant and filed with the Planning, Design and Historic Preservation Services
Division prior to the giving of any notice required by this Ordinance; otherwise, all such
requests for withdrawal shall be with prejudice, save and except that the Historic
Preservation Board or Design Review Board/Historic Preservation Board may permit
withdrawals without prejudice at the time the application for such Certificate of
Appropriateness is considered by such Board provided further, that no application may
be withdrawn after final action has been taken. 55
D. After a Certificate of Appropriateness has been ordered by the Board, the Applicant
shall record in the public records of Dade 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 is
empowered to release conditions, assuming the condition is no longer applicable.
E. Maintenance of Designated Properties
The owner of any building or structure in the City's designated historic districts
or on individually designated historic sites, whether vacant or inhabited. shall
be required to properly maintain and preserve said building or structure in
accordance with standards set forth in the South Florida Building Code. this
Ordinance and the Code of the City of Miami Beach. In the event a building or
structure within the City's designated historic districts or on an individually
designated historic site. in the opinion of the City's Building Official. in
consultation with the City's Historic Preservation Coordinator. or their
designees. falls into a state of disrepair so as to potentially jeopardize it's
structural stability and/or architectural integrity. as well as the safety of the
public and surrounding structures. said officials may inspect the subject property
after five (51 days notice to the owner of intent to inspect. If determined
necessary following inspection. the Building Official, in consultation with the
City's Historic Preservation Coordinator. may require the owner to submit a
detailed report prepared by a licensed professional engineer or a registered
architect experienced in architectural restoration work. for review by said City
officials. Said report shall evaluate the condition of the building. based upon
on-site inspection(s). as well as provide recommendations relative to proper
remedial actions required to restore structural stability and/or to preserve the
architectural integrity of the building or structure. If the owner fails to comply
with this requirement within ten (10) business days of receipt of written notice,
the City's Building Official may authorize. at the owner's expense. the
preparation of said detailed report by an independently selected licensed
professional structural engineer and/or registered architect experienced in
restoration work of his choosing. in consultation with the City's Historic
Preservation Coordinator.
d
Jn the event that an independent detailed evaluation report is authorized by
the City's Building Official, the owner of the subject property shall be
notified of the findings of said report in writing by the Building Official
and/or Historic Preservation Coordinator. The owner shall then be required
to submit to staff for review within fifteen (15) business days from receipt of
written notice, detailed construction documents. including but not limited to
all drawings and specifications necessary to receive Design Review Approval
and issuance of a Building Permit to rectify the problems identified for
remedial action in the evaluation report. Upon receipt of the Building Permit,
the owner shall immediately take all actions specified in the approved
construction documents to restore the structures or building's structural
stability and/or architectural integrity and protect the life. safety, health and
welfare of the immediate area: remedial action in this regard shall include,
but not be limited to, the structural shoring, stabilization and/or restoration
of any or all exterior walls, interior load bearing walls, columns and beams,
roof trusses and framing, the blocking of openings and securing of existing
windows and door openings, as well as sealing of the roof surface against
leaks, including from holes, punctures, open stairwells, elevator shafts. and
mechanical systems roof penetrations as necessary to preserve the building
or structure in good condition. In the event the owner of the subject property
or individual historic site. in the opinion of the City's Building Official. in
consultation with the City's Historic Preservation Coordinator, fails to
substantially undertake the remedial action specified in the report within two
(2) weeks of receipt of written notice to take such action. the City may. at the
expense of the owner, facilitate any and all remedial actions required to retain
andreserve said building or stnicture and protect the life, safety, health and
welfare of the immediate area.
Nothing in this Section shall be construed to prevent the ordinary
maintenance or repair of any Exterior elements of any Building, Structure
Improvement, Landscape Feature or Site which does not involve a change of
design, appearance or material, and which does not require a Building Permit,
or 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 or any Structure, Improvement, Landscape
Feature, Interior, Site or any Structure within a Historic District, if such
Structure is vacant and uninhabited, shall provide sufficient maintenance and
upkeep it to ensure its perpetuation and to prevent its deterioration.
Any designated historic site or any building or structure located in a
designated historic district which is currently vacated and closed or is
proposed to be vacated and closed, and at such time as any designated
historic site or any building or structure located in a designated historic
district is vacated and closed for a period of four (4) weeks or more. an
application shall be made for Design Review Approval and a Building Permit
to secure and seal said building or structure. The owner of a building or
structure. or the owner's designated representative, shall notify the City's
Building Official and Historic Preservation Coordinator in writing of the
proposed date of vacating said buildinu or structure. Upon receipt of written
notification to vacate. a visual walk-through inspection of the subject
premises by the Building Official and Historic Preservation Coordinator, or
9
their designees, may be arranged to ascertain the general condition of the
building.
This inspection shall include. but not be limited to. a visual evaluation of the
Structural system to the greatest extent possible, exterior and interior walls,
roofs. windows, doors and special architectural features, as well as site
features. Upon completion of said inspection. the Building Official. in
consultation with the City's Historic Preservation Coordinator, or their
respective designees, shall notify the owner in writing of the findings of the
inspection. In the event maintenance and/or structural deficiencies are
identified which adversely effect the structural condition and/or architectural
integrity of the building or structure. said deficiencies shall be properly
remedied by the owner of the building or structure, to the satisfaction of the
Building Official and the Historic Preservation Coordinator, before any
sealing or closing of the structure shall be permitted. The owner of said
building or structure shall be required to obtain Design Review Approval and
a Building Permit for any and all such remedial work: upon completion of the
said work. the Building Official and Historic Preservation Coordinator. or
their designees, may reinspect the subject building or structure to determine
whether all work has been completed in compliance with the approved plans.
Upon determination of completion, the owner of the subject structure shall
file application for Design Review approval and a Building Permit to seal and
secure the building.
Upon the sixth (6) month anniversary of the first inspection subsequent to the
vacating of a building or structure. and every six (6) months thereafter for the
duration of the vacancy of the structure. said premises shall be made
accessible by the owner for re -inspection by the Building Official and the
Historic Preservation Coordinator. or designees, in order to verify that
sufficient maintenance and upkeep is being provided to ensure the
perpetuation of the structure and to prevent its deterioration. Any
deficiencies identified by the Building Official, in consultation with the City's
Historic Preservation Coordinator. or designees, during any of the six (6)
month inspection periods shall be remedies for re -inspection within twenty
(20) business days or shall constitute a violation of the City's building and
property maintenance standards contained in the Code of the City of Miami
)Beach and the City's building code enforceable by the City using all available
means.
Failure to comply with remedial action required by the Building Official. or
designee. within twenty (20) business days. may result in City action to
ensure the protection of public safety and the stabilization and preservation
of the architectural integrity of the building or structure. Said measures shall
all be undertaken at the expense of the owner, including but not limited to the
inspection of the subject property by an independent licensed professional
structural engineer or registered architect experienced in architectural
restoration contracted by the City for the purpose of providing a report
evaluating the existing condition of the structure and setting forth
recommendations for its stabilization and preservation and remedial or
corrective action necessary to protect public safety and preserve the building.
Said recommendations and proposed solutions may include the preparation
of engineering and/or architectural drawings and specifications and other
documents necessary to secure Design Review Approval and pull a Building
Permit as well as actions to implement the required stabilization and
preservation measures at the owner's expense.
10
Any and all liens referenced or imposed hereafter, based on the foregoing
provisions. shall be treated as special assessment liens against the subject real
property and until fully paid and discharged. shall remain liens equal in rank
and dignity with the lien of ad valorem taxes. and shall be superior in milk
and dignity to all other liens. encumbrances. titles and claims in, to or against
the real property involved: the maximum rate of interest allowable by law
shall accrue to such delinquent accounts. Such liens shall be enforced by
any of the methods provided in Chapter 86. Florida Statutes, or. in the
alternative. foreclosure proceedings may be instituted and prosecuted under
the provisions applicable to practice. pleading. and procedure for the
foreclosure of mortgages on real estate set forth in Florida Statutes. or may
be foreclosed per Chapter 173, Florida Statutes. or the collection and
enforcement of payment thereof may be accomplished by any other method
authorized by law. The owner and/or operator shall pay all costs of
collection. including reasonable attorney fees. incurred in the collection of
fees, service charges. penalties and liens imposed by virtue of this Section.
SECTION 2. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of the City
Commission, and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the sections
of this ordinance may be renumbered or relettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
SECTION 3. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take ffect on the 4th
October , 1997.
PASSED and ADOPTED this 24th day of
A
ST:
CI1 Y C ERK
1st reading 9/10/97
2nd reading 9/24/97
= new language
Strikeei.t = deleted language
F :\PLAN\$HPB\ 19-MAINT. W PD
day of
Sept 3u er
, 1997.
11
APPROVED AS 10
FORM & LANGUAGE
& FOR EXECUTION
4W4L2d-
Attery Dat
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 10.2..17- 91
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Jose Garcia-Pedros
City Manager
SUBJECT:
DATE: September 24, 1997
Second Readi>I Public Hearing - An Ordinance of the Mayor and City
Commission of the City of Miami Beach, Florida, Amending Comprehensive
Zoning Ordinance No. 89-2665, by Amending Section 19 Entitled "Historic
Preservation Board and Historic District Regulations" by Amending Subsection
19-2.E to Clarify and Expand the Purpose of the Historic Preservation Board,
By Amending Subsection 19-3.B.2 to Clarify the Scope and Applicable
Exemptions of the Section, by Amending Subsection 19-4.A to Expand upon the
Duties of the Historic Preservation Board, by Amending Subsection 19-6.C.6(2)
to Clarify Procedures for Decisions on Certificates of Appropriateness for
Demolition, by Amending Subsection 19-8.E to Clarify and Expand the
Requirements for Maintenance of Properties Within a Designated Historic
District and Historic Sites, Including the Right to Impose Liens; Providing for
Inclusion in the Zoning Ordinance; Providing for Repealer, Severability and an
Effective Date.
RECOMMENDATION
The Administration recommends that the City Commission, upon holding a public hearing, adopt
the ordinance on second reading.
BACKGROUND
The amending ordinance, in concept, was offered for consideration by Commissioner Nancy
Liebman and by William Cary, the City's Historic Preservation Coordinator. The matter was
referred to the Planning Board by the City Commission on July 16, 1997. The Planning, Design &
Historic Preservation Division prepared the draft amendment, with review by the City Attorney's
Office.
On August 26, 1997 the Planning Board held a public hearing regarding the amendment and voted
(4-2, 2 Absent & 1 vacancy) to recommend its approval. The Board also recommended that a fee
and fines schedule be investigated further to clarify and codify said fees and fines that would be
AGENDA ITEM
5 C
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required when the policies within the amendment are implemented.
On September 10, 1997, the City Commission approved (6-0) the ordinance and set the public
hearing for today. The Commission also directed the Administration to investigate a fee and fine
schedule for violations associated with the ordinance for possible future enactment.
ANALYSIS
Currently, the Historic Preservation Section of the Ordinance (Subsection 19) does not clearly
specify alternatives for the Building Official in the event an individually designated historic structure
or a building or structure in a designated historic district is inspected and declared "unsafe" by a
Florida licensed professional engineer. Furthermore, there is little in the way of substantive
language which clearly addresses remedies to the problem of demolition by neglect.
In light of these shortcomings of the Ordinance, the Planning, Design and Historic Preservation
Division has drafted revisions which would strengthen the City's ability to deal decisively with
unsafe structures and to specify adequate alternatives to demolition; further, the changes would help
prevent the occurrence of demolition by neglect by providing for remedies addressing improperly
maintained structures. The highlights of the revised portions of Subsection 19 are enumerated
hereto:
Subsection 19-2.A - PURPOSE:
Language has been added to provide for the protection of all existing buildings and structures in the
City's designated historic districts as well as on individually designated historic sites from unlawful
demolition, demolition by neglect and the failure of property owners to maintain and preserve the
structures.
Subsection 19-3.B.2 - SCOPE AND EXEMPTIONS:
The portion of this subsection pertaining to alternative suggestions that can be made by the Historic
Preservation Board regarding the need for demolition has been strengthened to include verbiage
which indicates that these suggestions shall be taken into consideration by the official issuing the
final determination regarding demolition. However, the final determination regarding demolition
shall be made by the official issuing the Order.
Subsection 19-4.A.10 - HISTORIC PRESERVATION BOARD:
The duties and responsibilities of the Board have been strengthened by the addition of language
stating that the Board may request that the City Administration explore and advise the Historic
Preservation Board and the Building Official as to alternatives available for stabilizing and
preserving structurally unsafe and/or insufficiently maintained buildings within the City's designated
historic districts.
Subsection 19-6.C.6(2)- ISSUANCE OF CERTIFICATE OF
APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR
DEMOLITION
Language has been added to strengthen the ability of the Board to take action on an emergency basis
by requiring that any emergency demolition be placed on the Agenda of the next Board meeting, or
on the agenda of an emergency meeting of the Board. The revised language further declares that
action/inaction by the Board shall not delay action of the Building Official, unless evidence is
presented by a professional structural engineer which delineates alternatives to the full demolition
of the structure, including, but not limited to, structural stabilization to ensure the public safety and
the preservation of the subject structure.
Subsection 19-8.E - PROCEEDINGS BEFORE THE HISTORIC PRESERVATION BOARD;
Maintenance of Designated Properties
Language has been added to the code which requires an immediate inspection of any building in one
of the City's designated historic districts or historic sites that falls into a state of disrepair so as to
potentially jeopardize it's structural stability and/or architectural integrity and/or the safety of the
public and surrounding structures; new language further specifies if determined necessary, and at
the owners expense, the preparation of a detailed report by a licensed professional structural engineer
or registered architect experienced in restoration work, which evaluates the structural/architectural
condition of the building, following on-site inspection, and which provides recommendations
relative to the immediate stabilization and long range preservation of the structure. All remedial
action required to retain and preserve said building or structure and protect the life, safety, health and
welfare of the immediate area shall be specified in the report and shall include, but not be limited
to, the structural shoring and stabilization of any or all exterior walls, interior load bearing walls,
roof trusses and framing, the blocking of openings and securing of existing windows and door
openings, as well as sealing of the roof surface against leaks, including from holes, punctures, open
stairwells or elevator shafts, and mechanical systems roof penetrations.
Additional language has been provided to require that the owner of any designated historic structure
or any building or structure located in a designated historic district or historic site which is proposed
to be vacated and closed, notify the City's Building Official and the City's Historic Preservation
Coordinator in writing of the proposed date of vacating said structure for the purpose of arranging
an on-site inspection of existing conditions. The owner of the property shall be responsible for all
remedial work required to repair damages to the structural system, exterior and interior walls, roofs,
windows, doors and special features, including site features, as noted by the Building Official and
the Historic Preservation Coordinator prior to being granted Design Review approval and issuance
of a building permit for securing and sealing said structure.
The Ordinance has been further modified to require that upon the sixth (6) month anniversary of the
first inspection, and every six (6) months thereafter for the duration of the vacancy of the structure,
said premises shall be made accessible for re -inspection by the Building Official and the Historic
Preservation Coordinator, or designees, in order to verify that sufficient maintenance and upkeep is
being provided to ensure the structure's perpetuation in sound condition and to prevent its
deterioration. Any deficiencies identified by the Building Official in consultation with the Historic
Preservation Coordinator, or designees, during any of the six (6) month inspection periods shall be
rectified and the structure shall be reinspected within 30 days. All remedial action required due to
the failure of the owner to properly maintain the structure at any time during which the structure is
vacated and/or closed shall be done at the expense of the owner, following due notice.
Based upon Commissioner David Pearlson's request at the September 10, 1997 meeting of the City
Commission, the Administration is recommending the addition of, and has provided in the
concluding paragraph of Subsection 19-8.E, certain language to confirm the super priority of status
of any lien created pursuant to this ordinance.
The last sections of the amendment provide for inclusion in the Zoning Ordinance, a repealer, a
severability clause and an effective date.
In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the
Planning Board and City Commission consider 13 relevant review criteria, when applicable for such
changes. Since the amending ordinance would only change the text of the Zoning Ordinance and
would not constitute a use change or a change in zoning district boundaries or classification, the
review criteria have been determined not to be applicable to this amendment request.
CONCLUSION
Based on the foregoing, the Administration has concluded that the City Commission should adopt
on second reading the attached amendment to Subsection 19 (Historic Preservation Board) of the
Zoning Ordinance, upon holding the public hearing.
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