Ordinance 2000-3254 ORDINANCE NO. 2000-3254
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 118, ARTICLE X, ENTITLED "HISTORIC
PRESERVATION", BY AMENDING SECTION 118 - 503 TO EXPAND THE
CRITERIA AND REQUIREMENTS FOR EMERGENCY DEMOLITION ORDERS
FOR HISTORIC STRUCTURES AND WITHIN DESIGNATED HISTORIC
DISTRICTS; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING
FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, The City of Miami Beach wishes to enhance and preserve the unique
architectural environment of Miami Beach by maintaining and preserving the integrity of design and
architecture throughout the City; and
WHEREAS,The City of Miami Beach desires to refine and clarify its historic preservation
requirements and administrative procedures to assure the adequate protection of historic structures
and architectural features within the City's designated historic districts; and
WHEREAS, The City of Miami Beach Historic Preservation Board strongly endorses these
proposed amendments to the Historic Preservation Section of the Code; 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 Chapter 118, Article X, entitled "Historic Preservation" of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Division 1- Generally
Sec. 118-503. Scope and exemptions.
(a) Scope.Unless expressly exempted by subsection(b)of this section,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:
(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) Any permit necessary for compliance with a lawful order of the building official,
county unsafe structures board, fire marshal, 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 full or partial demolition of
any building, structure, improvement, landscape feature,public interior or site individually
designated in accordance with Sections 118-591, 118-592 and 118-593, or located within an
historic district . •- : ' .•' i' ., •- : ' - • • , •- i ' -• •- . ' 6-
.
-i . .. ' : ..' :• t - . • ' ' . • : ' .' 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 historic preservation board may offer alternative suggestions regarding the need for,
manner and scope of demolition; 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 historic preservation board does not hold the meeting prior to the scheduled
demolition, the demolition may take place as scheduled. In the event any demolition as
described above should take place prior to historic preservation board review,the demolition
order shall be conditioned to require the property owner to file an"after-the-fact"application
for a certificate of appropriateness for demolition to the historic preservation board, within
fifteen (15) days of the issuance of the demolition order; no "after-the-fact" fee shall be
assessed for such application. The Board shall review the demolition and determine whether
and how the demolished building, structure, landscape feature or the partially or fully
demolished feature of the exterior or public interior space of a structure, shall be replaced.
The property owner shall also be required, to the greatest extent possible, to retain,preserve
and store any demolished feature of a structure until such time as the Board reviews and acts
on the"after-the-fact"application. In the event the property owner fails to file an"after-the-
fact" application for a certificate of appropriateness for demolition to the historic
preservation board within fifteen(15) days of the issuance of an emergency demolition order
the city may initiate enforcement proceedings including proceedings to revoke the certificate
of use, occupational license, any active building permit(s) or certificate of occupancy of the
subject site, whichever is appropriate. Additionally, this article may be enforced and
violations may be punished as provided in section 114-8 of this Code; or by enforcement
procedures as set forth in the Charter and penalties as provided in section 1-14 of this Code.
(3) Any permit issued for an existing structure in a designated historic district which has
been specifically excluded from the district.
SECTION 3 INCLUSION IN THE CITY CODE. 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 Code
of the City of Miami Beach 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 4 REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 5 SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the 22nd day of
•
July , 2000.
PASSED and ADOPTED this 12th day of July , 2000.
MAYOR
ATTEST:
4 (1a
CITY CLERK
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1st reading 6/28/00
2nd reading 7/12/00 APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 •
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. SSI-op
TO: Mayor Neisen O. Kasdin and DATE: July 12, 2000
Members of the City Commission
•
FROM Lawrence A. Levyr1
City Mana r LJ SECOND READING PUBLIC HEARING
SUBJECT: Ordinance - Emergency Demolition Orders
An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida,Amending the Land Development Regulations of the Code of the City
of Miami Beach, by Amending Chapter 118, Article X, Entitled "Historic
Preservation", by Amending Section 118 - 503 to Expand the Criteria and
Requirements for Emergency Demolition Orders for Historic Structures and
Within Designated Historic Districts; Providing for Inclusion in the City Code;
Providing for Repealer, Severability and an Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission, upon second reading public hearing,
adopt the proposed amending ordinance.
ANALYSIS
The consideration of an amendment to the Land Development Regulations of the City Code to
expand the Criteria and Requirements for Emergency Demolition was endorsed and referred to the
Planning Board by the Historic Preservation Board on March 14, 2000. The Planning Board, at
the April 25, 2000 meeting, transmitted the Ordinance to the City Commission with a favorable
recommendation. On May 24, 2000, the City Commission approved the proposed ordinance on
first reading. The second reading public hearing regarding this ordinance was opened on June 28,
2000, and continued to today's Commission meeting, in order to insure a quorum.
Recently, at the request of the property owner, a Permit for Emergency Demolition was issued by
the Building Official for the roof pylon tower of the structure at 7400 Collins Avenue. The subject
structure is located within the Harding Townsite/South Altos Del Mar Historic District and is
designated contributing in the Miami Beach Historic Properties Database.
AGENDA ITEM 12.SG
DATE ) -12- co
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Commission Memorandum
July 12, 2000
Ordinance: Emergency Demolition Orders
Page 2
ANALYSIS (Continued)
This Permit was issued after the City's Chief Building Inspector and Chief Structural Engineer
inspected the condition of the pylon tower. Based upon the findings of the City's Chief Building
Inspector and Chief Structural Engineer, the Building Official concluded that the pylon structure
was in an advanced state of structural deterioration as all of the internal supporting steel beams
were either completely or extensively eroded; consequently, the Building Official issued a Permit
for Emergency Demolition, in accordance with Section 118-503(b)(2) of the City Code. As a
condition of this Permit for Emergency Demolition, the property owner was required to make
application to the Historic Preservation Board and Joint Design Review/Historic Preservation
Board for an after-the-fact Certificate of Appropriateness for Demolition to address the possible
requirement that the original pylon feature be reconstructed and reinstalled to match its original
exterior appearance and location on the building.
However, because of the way the current code is written, it may be difficult to enforce this
condition. In light of this, Planning Staff has drafted an amendment to Section 118-503(b)(2) of
the Historic Preservation Section of the City Code,to now require that in the event any Emergency
Demolition Order should be issued by the Building Official prior to Historic Preservation Board
review,the Demolition Order shall be conditioned to require the property owner file an"after-the-
fact" application for a Certificate of Appropriateness for Demolition to the Historic Preservation
Board, within fifteen (15) days of the issuance of said demolition order (see attached draft
amendment).
Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon
second reading public hearing,the proposed amending ordinance to Chapter 118,Article X,entitled
"Historic Preservation", Section 118-503 of the Land Development Regulations of the Code of the
City of Miami Beach, to expand the criteria and requirements for emergency demolition.
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