Ordinance 2022-4529 Demolition by Neglect— Replication Requirements
ORDINANCE NO. 2022-4529
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, BY AMENDING CHAPTER 118, "ADMINISTRATION AND
REVIEW PROCEDURES,"ARTICLE X, "HISTORIC PRESERVATION," DIVISION
1, "GENERALLY," BY AMENDING SECTION 118-503 THEREOF, ENTITLED
"SCOPE, POLICIES AND EXEMPTIONS," TO AMEND THE REGULATIONS
APPLICABLE TO CONTRIBUTING BUILDINGS THAT ARE DEMOLISHED
WITHOUT A CERTIFICATE OF APPROPRIATENESS; AND BY AMENDING
SECTION 118-564 THEREOF, ENTITLED "DECISIONS ON CERTIFICATE OF
APPROPRIATENESS,"TO AMEND THE CERTIFICATE OF APPROPRIATENESS
REVIEW CRITERIA TO INCLUDE THE SECRETARY OF INTERIOR'S
STANDARDS FOR RECONSTRUCTION; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the demolition of contributing structures without obtaining a Certificate of
Appropriateness from the Historic Preservation Board threatens the urban fabric, character, and
integrity of the City's historic districts; and
WHEREAS, City Code Section 118-503(b)(2) currently provides that "[t]he policy of the
City of Miami Beach is a presumption that a contributing building demolished without obtaining a
certificate of appropriateness from the historic preservation board, shall only be replaced with a
new structure that incorporates the same height, massing and square footage of the previous
structure on site, not to exceed the maximum FAR and height permitted under the City Code, with
no additional square footage added"; and
WHEREAS, this Ordinance strengthens the current Code to provide that, when a
contributing structure is demolished without a Certificate of Appropriateness, the presumption is
that the building shall be replicated; and
WHEREAS, the Historic Preservation Board ("HPB") has the authority to determine, on a
case-by-case basis, whether the replication of an original, historic structure is warranted; and
WHEREAS, this Ordinance codifies the U.S. Secretary of Interior's Standards for
Reconstruction, to provide objective criteria for the HPB to determine when the replication of a
contributing structure should be required.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 118,"Administration and Review Procedures,"Article X,"Historic Preservation,"
Division 1, "Generally," is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE X. HISTORIC PRESERVATION
1
DIVISION 1. GENERALLY
Sec. 118-503. Scope, policies and exemptions.
* * *
(b) Policies.
(1) After-the-fact certificates of appropriateness for demolition. In the event any
demolition as described above or in subsection (c) of this section 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 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 restore 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 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.
2) Replication of demolished contributing structures. The historic preservation board
shall determine, on a case-by-case basis, whether the replication of an original,
contributing structure is warranted. The policy of the City of Miami Beach shall be a
presumption that a contributing building that is demolished without obtaining a
certificate of appropriateness from the historic preservation board, shall be
replicated.
For purposes of this subsection, replication shall be defined as the physical
reconstruction, including all original dimensions in the original location, of a structure
in totality, inclusive of the reproduction of primary facade dimensions and public area
dimensions with appropriate historic materials whenever possible, original walls,
window and door openings, exterior features and finishes, floor slab, floor plates,
roofs and public interior spaces. The historic preservation board shall have full
discretion as to the exact level of demolition and reconstruction required. If a building
to be reconstructed is nonconforming, any such reconstruction shall comply with all
of the requirements of chapter 118,article IX, of these land development regulations.
This presumption shall be applicable in the event a building permit for new
construction or for repair or rehabilitation is issued, and demolition occurs for any
2
reason, including, but not limited to, an order of the building official or the county
unsafe structures board. This presumption shall also be applicable to any request
for an "after-the-fact" certificate of appropriateness.
This presumption may be rebutted, and the historic preservation board may allow for
a new design in accordance with subsection (b)(3) below, if it is established to the
satisfaction of the historic preservation board that any of the following criteria are
satisfied:
a. a full replication or contemporary depiction is not required to understand and
interpret a property's historic value (including the re-creation of missing
components in a historic district or site); •
b. other properties with the same associative value have survived; or
c. sufficient historical documentation does not exist to ensure an accurate
reproduction.
{2) (1) Replacement of existing structures. In the event the historic preservation board
does not require replication as outlined in subsection (b)(2), The the policy of the
City of Miami Beach shall be a presumption that a contributing building demolished
without obtaining a certificate of appropriateness from the historic preservation
board, shall only be replaced with a new structure that incorporates the same height,
massing and square footage of the previous structure on site, not to exceed the FAR
of the demolished structure, and not to exceed the maximum FAR and height
permitted under the City Code, with no additional square footage added. This
presumption shall be applicable in the event a building permit for new construction
or for repair or rehabilitation is issued, and demolition occurs for any reason,
including, but not limited to, an order of the building official or the county unsafe
structures board. This presumption shall also be applicable to any request for an
"after-the-fact"certificate of appropriateness.This presumption may be rebutted, and
the historic preservation board may allow for the addition of more square footage,
where appropriate, not to exceed the maximum permitted under the City Code, if it
is established to the satisfaction of the historic preservation board that the following
criteria have been satisfied:
a. The proposed new structure is consistent with the context and character of the
immediate area; and
b. The property owner made a reasonable effort to regularly inspect and maintain
the structure free of structural deficiencies and in compliance with the minimum
maintenance standards of this Code.
srhralRll det rm inner on y case basis, whether the replication of an original,
For purposes of this subsection, replication shall be defined as the physical
3
,
window and door openings exterior feat,,res and finishes floor slah floor plates ,
to he reconstr„cted is nonconforminn any s„ch reconstr„ction shall.comply with ell
,
of the requirements of chanter 1 1 Q article IY of these lend development regulations
u ,
Sec. 118-564. Decisions on certificate of appropriateness.
* * *
(a) A decision on an application for a certificate of appropriateness shall be based upon the
following:
(1) 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 may be amended from time to time; and
b. The Secretary of Interior's Standards for Reconstruction as may be amended from time to
time; and
b, c. Other guidelines/policies/plans adopted or approved by resolution or ordinance by the city
commission.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith
are hereby repealed.
SECTION 3. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach,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, Florida, as amended. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance"may be changed to"section"or other appropriate
word.
SECTION 4. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
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SECTION 5. Effective Date.
This Ordinance shall take effect the 2h/ day of Decetiber;2022.
PASSED AND ADOPTED this day of Dec-ender , 2022.
12-219
Dan Gelber, Mayor
ATTEST: Uhl; 1 6 aoza
Rafael E. Granado, City Clerk
-P.. ... �';:a APPROVED AS TO FORM AND
• LANGUAGE AND FOR EXECUTION
'111C0RPh01ih'1
/ 01
City Attorney 'vs. Date
First Reading: June 22, 2022
Second Reading: July 20, 2022
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:Wgenda12022\6_June 2022\Planning\Demolition by Neglect Replication Requirements -First Reading ORD.docx
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Ordinances- R5 B
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: December 14, 2022
10:05 a.m. Second Reading Public Hearing
SUBJECT: DEMOLITION BY NEGLECT-REPLICATION REQUIREMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X,
"HISTORIC PRESERVATION," DIVISION 1, "GENERALLY," BY AMENDING
SECTION 118-503 THEREOF, ENTITLED "SCOPE, POLICIES AND
EXEMPTIONS," TO AMEND THE REGULATIONS APPLICABLE TO
CONTRIBUTING BUILDINGS THAT ARE DEMOLISHED WITHOUT A
CERTIFICATE OF APPROPRIATENESS; AND BY AMENDING SECTION
118-564 THEREOF, ENTITLED "DECISIONS ON CERTIFICATE OF
APPROPRIATENESS" TO AMEND THE CERTIFICATE OF
APPROPRIATENESS REVIEW CRITERIA TO INCLUDE THE SECRETARY
OF INTERIOR'S STANDARDS FOR RECONSTRUCTION; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND/HISTORY
On February 9, 2022, at the request of Commissioner Alex Fernandez, the City Commission
referred the discussion item to the Land Use and Sustainability Committee and Historic
Preservation Board (Item C4 A). On March 4, 2022, the LUSC reviewed the proposal, and
recommended that the City Commission refer the Ordinance to the Planning Board.
On March 8, 2022, the Historic Preservation Board reviewed the proposed Ordinance and
passed a motion (6-0, 1 absent) issuing a favorable recommendation in strong support of the
proposed ordinance amendment to the Mayor and City Commission. On April 6, 2022, the City
Commission referred the proposed Ordinance to the Planning Board for review and
recommendation(Item C4 X).
ANALYSIS
PLANNING ANALYSIS
Page 557 of 952
Chapter 118,Article X (Historic Preservation)of the Land Development Regulations (LDR's)of
the City Code currently includes a 'presumption' that a contributing building demolished without
obtaining a Certificate of Appropriateness from the Historic Preservation Board (HPB)shall only
be replaced with a new structure that incorporates the same height, massing and square footage
of the previous structure on site, not to exceed the floor area ratio (FAR) of the demolished
structure, and not to exceed the maximum FAR and height provided under the City Code.
Further,Article X expressly empowers the HPB to determine, on a case-by-case basis, whether
the replication of an original, contributing structure is warranted.
Attached is a proposed amendment to chapter 118, Article X of the LDR's, to include a
presumption that if a contributing structure is demolished, for any reason, including, but not
limited to demolition by neglect, without first obtaining a Certificate of Appropriateness from the
Historic Preservation Board, that the building must be replicated, if certain criteria are satisfied.
The following is a summary of the key provisions of the proposed Ordinance amendment:
• The historic preservation board shall continue to have the authority to determine, on a case-by-
case basis,whether the replication of an original, contributing structure is warranted.
• The policy of the City of Miami Beach shall be a presumption that a contributing building
demolished without obtaining a certificate of appropriateness from the historic preservation
board, shall be replicated. Currently the presumption is that the same height and square footage
is replicated, but not the actual design of the demolished structure.
• The historic preservation board shall continue to have full discretion as to the exact level of
demolition and reconstruction required.
• This presumption for replication may be rebutted, and the historic preservation board may
allow for a new design if any of the following criteria are satisfied:
1. A full replication or contemporary depiction is not required to understand and interpret a
property's historic value (including the re-creation of missing components in a historic district or
site);
2. other properties with the same associative value have survived; and
3. sufficient historical documentation does not exist to ensure an accurate reproduction.
• In the event the historic preservation board does not require replication, the policy of the City
of Miami Beach continues to be a presumption that a contributing building demolished without
obtaining a certificate of appropriateness from the historic preservation board shall only be
replaced with a new structure that incorporates the same height, massing and square footage of
the previous structure on site, not to exceed the FAR of the demolished structure, with no
additional square footage added. This presumption may be rebutted, and the historic
preservation board may allow for the addition of more square footage, if the following criteria
have been satisfied:
1. The proposed new structure is consistent with the context and character of the immediate
area;and
2. The property owner made a reasonable effort to regularly inspect and maintain the structure
free of structural deficiencies and in compliance with the minimum maintenance standards of
this Code.
The proposal to require a presumption that a building must be replicated would strengthen and
build upon the current presumption, which is that the demolished building shall only be replaced
Page 558 of 952
with a new structure that incorporates the same height, massing and square footage of the
previous structure on the site. In the case of an after-the-fact Certificate of Appropriateness
(COA)for demolition, presuming replication will place the legal burden on the property owner of
a building that was demolished without a COA to demonstrate evidence why the HPB should
allow the building to be replaced by something other than the original design of the contributing
building.
Under the U.S. Secretary of the Interior's Standards for the Treatment of Historic Properties,
reconstruction may be considered as a treatment under the following circumstances:
1. When a contemporary depiction is required to understand and interpret a property's historic
value (including the re-creation of missing components in a historic district or site);
2. When no other property with the same associative value has survived;and
3. When sufficient historical documentation exists to ensure an accurate reproduction.
The Standards for Reconstruction review criteria are summarized as follows:
1. Reconstruction will be used to depict vanished or non-surviving portions of a property when
documentary and physical evidence is available to permit accurate reconstruction with minimal
conjecture, and such reconstruction is essential to the public understanding of the property.
2. Reconstruction of a landscape, building, structure or object in its historic location will be
preceded by a thorough archeological investigation to identify and evaluate those features and
artifacts that are essential to an accurate reconstruction. If such resources must be disturbed,
mitigation measures will be undertaken.
3. Reconstruction will include measures to preserve any remaining historic materials, features
and spatial relationships.
4. Reconstruction will be based on the accurate duplication of historic features and elements
substantiated by documentary or physical evidence rather than on conjectural designs or the
availability of different features from other historic properties. A reconstructed property will re-
create the appearance of the non-surviving historic property in materials, design, color and
texture.
5.A reconstruction will be clearly identified as a contemporary re-creation.
6. Designs that were never executed historically will not be constructed.
The Administration is supportive of this proposal as it will strengthen the City's demolition by
neglect procedures and provide more specific guidance to both property owners and the HPB.
Further, the proposal will establish clear and objective criteria consistent with the Secretary of
Interior's Standards for the Reconstruction of Historic Buildings, for the Board to evaluate
during their review of applications for Certificate of Appropriateness.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on May 24, 2022 and transmitted the Ordinance to the
City Commission with a favorable recommendation (4-2).
UPDATE
The City Commission was scheduled to consider the subject Ordinance at First Reading on
July 8, 2022 and it was deferred to July 20,2022. The subject Ordinance was approved at First
Reading on July 20,2022,with no changes.
On September 14, 2022 Second Reading of the subject Ordinance was deferred to October
26, 2022. On October 26, 2022 the item was deferred to the December 14, 2022 meeting.
Page 559 of 952
SUPPORTING SURVEY DATA
Enhance Historic Preservation Efforts
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Alex Fernandez and Co-sponsored by Commissioner Kristen Rosen Gonzalez
ATTACHMENTS:
Description
o Ordinance
Page 560 of 952