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Ordinance 85-2470 ORDINANCE NO.85-2470 AN ORDINANCE OF THE CITY OF MIAMI BEACH FLORIDA, AMENDING SECTION 26 HISTORIC PRESERVATION DISTRICT REGULATIONS OF THE COMPREHENSIVE ZONING ORDINANCE NO. 1891; BY RELOCATING ALL THE DEFINITIONS IN SECTION 26-2 TO SECTION 3-2; BY RELOCATING THE "PURPOSE AND SPECIFIC GOALS" AS LISTED IN SECTION 26-1 TO SECTION 26-2; AMENDING THE TITLE OF SECTION 26-1 TO READ "INTENT" IN PLACE OF "PURPOSE"; CLARIFYING SECTION 26-3 SCOPE AND EXEMPTION; AMENDING SECTION 26-4 RELATING TO THE HISTORIC PRESERVATION BOARD'S POWERS AND DUTIES, MEMBERSHIP, APPOINTMENTS, REMOVAL OF BOARD MEMBERS, QUORUM, CALL OF MEETINGS, ORGANIZATION, AND VOTING; AMENDING SECTION 26-5 PERTAINING TO THE HISTORIC SITES OR HISTORIC DISTRICT DESIGNATION PROCEDURE; ESTABLISHING REVIEW CRITERIA FOR DESIGNATION; ELIMINATING "THE OWNER CONSENT RULE" AND THE REQUIREMENT THAT FIFTY- ONE (51%) PERCENT OF PROPERTY OWNERS IN PROPOSED HISTORIC DISTRICTS ARE REQUIRED TO CONSENT TO HISTORIC DISTRICT DESIGNATION AND REPLACING SAME WITH A REQUIREMENT THAT DESIGNATION OF HISTORIC SITES OR DISTRICTS REQUIRES A FIVE- SEVENTHS VOTE OF THE CITY COMMISSION PURSUANT TO THE PROCEDURE AS LISTED IN SECTION 16 OF ORDINANCE NO. 1891; AMENDING SECTION 26-6 PERTAINING TO CERTIFICATES OF APPROPRIATENESS, APPLICATION, AND REVIEW PROCEDURES, CLARIFYING DECISIONS OF CERTIFICATES OF APPROPRIATENESS/CERTIFICATES TO DIG, PROVIDING FOR THE ORDINARY MAINTENANCE OF HISTORIC SITES OR DISTRICTS; AMENDING SECTION 26-7 PERTAINING TO SPECIAL PROVISIONS BY RELOCATING CERTAIN POWERS OF THE BOARD TO SECTION 26-4 AND DESIGNATING THE DESIGN REVIEW BOARD AS SUPPLEMENTED BY THREE MEMBERS OF THE HISTORIC PRESERVATION BOARD AS THE AGENCY TO PERFORM THE DESIGN REVIEW FUNCTION; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Langauge to be removed Langauge to be added 1 SECTION 1 That Section 3, Subsection 3-2 of Ordinance No. 1891 is hereby amended to include the list of definition currently listed in Section 26-2 of Ordinance No. 1891. SECTION 2 That Section 26 of Ordinance No. 1891 is hereby amended to read as follows: SECTION 3 DEFINITIONS 3-2 26-2 Terms Defined "Alteration" means any material change in the external features of any historic site or improvement located within an historic district, or to the interior of any such site or improvement if the interior features have been designated pursuant to this Ordinance. "Archeological Site" means a single specific location which has yielded or is likely to yield information on local history or prehistory. Archeological sites may be found within archeological zones, historic sites, or historic districts. "Certificate of Appropriateness" means a certificate issued by the Historic Preservation Board indicating that a new construction, alteration or demolition of an historic site or an improvement within an historic district is in accordance with this Ordinance. "Certificate to Dig" means a certificate issued by the Historic Preservation Board allowing for the excavation or fill on a site designated as archeologically significant. "Demolition" means the complete or substantial removal or destruction of any structure or improvement. "Evaluation Guidelines" means the standards applicable to alteration, renovation, new construction for an Historic site or improvement within an Historic district, which standards will be used as criteria by the Board and its staff in making decisions on applications for Certificates of Appropriateness. "Exterior" means any facade of a structure. "Historic District" means two or more sites, buildings, structures, landscape features or other improvements that are concentrated in the same area and have been designated as a district pursuant to Section 26 of this Ordinance. "Historic Site" means an individual building, structure or other improvement which has been designated an Historic site pursuant to Section 26 of this Ordinance. Interior features or space may be designated an historic site only where the building or structure containing the interior feature or space has been designated an historic site. 2 "Improvement" means any building, structure, fence, gate, wall, walkway, parking facility, light fixture, bench, fountain, sign, work of art, earthworks or other man- made object constituting a physical betterment of real property. "Landscape Feature" means all vegetation, geological features, ground elevation, bodies of water, or other natural or man-made environmental feature. "Undue Economic Hardship" shall mean an exceptional financial burden upon an owner that constitutes a taking of the owner's property without just compensation. SECTION 26. HP-HISTORIC PRESERVATION DISTRICT REGULATIONS 26-1 Pdfpese Intent It is hereby declared by the City Commission of the City of Miami Beach that the to preservation and conservation of properties of historical, architectural and archeological merit in the City is a public policy of the City of Miami Beach and is in the interest of the City's future prosperity. The geRefal pdFpese of these fegdiatieRs 4s to pfeteet and eReedfage the Fev4taiizati-eR of sues and dfstFiets wi h4R the City having special h4steFie; aFehiteetdfa4 OF afeheefegicaf vafde to the public: This geReFa4 pdFpese is Fef-ieeted 4iR the fe44ew4Rg specific geafsr A: The fdeRt4icatteR of hfstefica44yy aFehiteetdfatly; and afeheeiegfcaliy sigRifteaRt sites and dfstffets 4heFeiRafteF+ "sigR+€icaRt sites and clistFictsqt BT The pFeteetieR of such sigRifteaRt sites and dfstf4ets to combat dfbaR bfight3 pfemete tedFismy festef civic pfide3 and ma4Rta4R physical evideRee of the C4ty'S heFitaget C: The eReedFagemeRt and pfemetieR of FestefatieR; pfeseFvatioR3 FehabilitatieR and Fedse of s4gRfficaRt sites and distfiets by pFev4d4Rg teehR4€af ass}staRee, 4RvestmeRt 4ReeRtives, and fa€4itat4Rg the devefepmeRt Fev.iew pfeeesst 9: The pFemetieR and excef}eRee tR HFbaR design by assdFiRg the compatibi4ity of FesteFed; Fehal4itated OF Fepfaced stfuetdfes with4R desigRated hi-stefie pFeseFvatieR distc-iets: 26-2 9ef4RftieRs (This subsection to be relocated to Section 3-2 of the Zoning Ordinance No. 1891. 3 AT '-''A4eFatieR-' meass aey mateFia4 ehasge is the exteFsai featiFes of asy historic site of impFevemest within as histeFie El-i-Str-iety OF to the 4ste 4eF of asy such site OF impFevemest if the isterieF featuFes have bees designated paFsaant to this ©FdinasceT 14T uAFeheo4egica4 Site" means a single specific leeatios which has yielded eF is likely to yield isfeFinatien OR fecal histeFy eF pFehisteFy1 AFeheeiegical sites may be fousd withis aFeheelegieal asses; histeFie sitesf of histeFie distFiets1 CT '-'GeFtifieate of AppFepFiatesess'-' meass a eeFtifieate issued by the HistoFie PFeseFvatios BeaFd isdicatisg that a sew eesstFueties; afteFaties of demolities of as histeFie site of as impFevemest within as histeFie distFiet is is aeeeFdasee with this ehapteFT DT '!CeFtifieate to Big! meass a eeFtifieate issued by the HisteFie FFeseFvaties goaFd ai4ewisg feF the exeavatios eF 4444 OR a site designated as aFehee4egica44y sigsificast1 ET "DemelitiosU meass the eempfete OF Substantial Femeval eF destFueties of asy histeFie site OF any stFuetuFe of impFevemest located within as histeFie. distFietT FT UEva4uaties Guideiises" meass the stasdaFds appiicab4e to aiteFaties3 Fesevaties3 sew eenstFueties feF as HisteFie site OF impFevemest withis as HistoFie distFiet; which standaFds will be used as eFiteFia by the BeaFd asd its staff is making decisiess es appiicatiess 4OF GeFtificates of AppFopFiatesess1 '-''BxteFieF'' meass the fFest facade of asy bui4disg asd these exteFsa4 suFfaces of asy impFevemest visible fFom public waysT HT '-'HisteFie BistFiet'-' meass two OF mope sitesy buildings; stFuetuFes; lasdseape featuFes OF etheF impFovemests that aFe eeseestFated is the same aFea asd have bees desigsated as a distFiet puFsuast to this Seeties1 iT '-'HisteFie Site'-' meass as isdividual bui4disg3 stFuetaFe OF etheF impFevemest set exceedisg ese platted let which has bees desigsated as HisteFie site pHFsuast to this SeetiosT isteFioF featHFes OF space may be desigsated as histeFie site only wheFe the baildisg AF stFHet1Fe cestaisisg the isteFieF featlFe OF space has bees desigsated as histeFie siteT uimpFevemestu meass asy bui4disg; stFuetuFe; fence; gatey wa44; walkway; paFkisg facility; light fixtHFey beseh; feustais; sigsy weFk of aFt3 eaFthweFks OF otheF mas-made ebjeet eesstitutisg a physical betteFmest of Feal pFepeFtyT KT ulasdseape FeatHFe'-' meass a44 vegetaties; geofegieal featYFes; gFeusd elevaties; bodies of wateFT OF etheF satuFal OF mas-made esvicesmestal featuFeT 4 DT '-'1=JAdhe geehemie MMaFdshtp'-' shall mean ah exeepttehai fthaneia4 buFdeR epee an ewe that eeRstitates a taking of the ewhes pFepefty witheat Mist eempensatieRT The evtdehee and testtmeny heeded te establish an '-'Uhdhe EeeRemie MMaFdship" shall be specified tR Fegulattehs te be established tR aeeeFdaRee with SeetieR 26-44E0 belewT 26-2 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 (hereinafter: "significant sites and districts"); B. The protection of such significant sites and districts to combat urban blight, promote tourism, foster civic pride, and maintain physical evidence of the City's heritage; C. The encouragement and promotion of restoration, preservation, rehabilitation and reuse of significant sites and districts by providing technical assistance, investment incentives, and facilitating the development review process; D. The promotion and excellence in urban design by assuring the compatibility of restored, rehabilitated or replaced structures within designated historic preservation districts. 26-3 Scope and Exemptions A. Scope Unless expressly exempted by Sub-Section 26-3(B) heFe4Ry below, no building permits shall be issued for new construction, demolition, alteration, repair, signage or any other physical modification of an indtviddal aFeheelegieal AF historic site or district of a pFeeeFty within a distr-iet designated as histeiieallyy aFehiteetufai}y; AF aFehee4egiea14y sigRtfieaRt may be issued by the City without the prior issuance of a Certificate of Appropriateness or Certificate to Dig the Historic Preservation Board in accordance with the procedures specified in this Section. B. Exemptions The following permits are exempt from the regulations of this Section: 5 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 public right-of-way or a designated interior. 2. Any permit necessary for the compliance with a lawful order of the Cede I✓'R€eFeemeFt D+ eeteF Building Official, Unsafe Structures Board, Fire Marshall, or Public Works Director including without limitation any permit necessary for the immediate public health or safety. 3. Any permit issued for an existing structure in a designated historic district which has been specifically excluded from the District. paFsuait to Sub- SeetieR 26-4143(.)* 26-4 Historic Preservation Board 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, structures, landscape features, archeological sites and other improvements or physical features, as individual sites, districts, or archeological zones that are significant to Mtamt Beaels 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. A. Powers and Duties The Board shall: 1. Recommend to the Planning Board and City Commission the designation of btsteFtea4lyy aFebfteet*Fal-ly OF afeheefegtea44y signi4ieaet sites and dtstpfets historic 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 or proposed alteration or development within designated sites or district; 3. Issue or deny Certificates of Appropriateness and Certificates to Dig in accordance with procedures specified in this Section. 4. Promote the preservation of historic properties by granting special incentives to property-owners in accordance with law including, but not limited to, transfer of development rights, floor area bonuses, special use exceptions, and by administering financial assistance, loans and grants. 6 5= Vafy; waive, OF sapefsede ether sections of the Zoning ©Fdfnance when appEepFiate as a means of eneewFagtng cenevatleR and/eF eempatfble new censtcuetten7 When appFepntate to accomplish the pufpeses and goals of this seetleR; the Beacd shal4 have the pewec to waive and supeFeede the FequiFements and FestFietiens of ether seetleRs of the Zening and Bu 4ding CodesT 5. The Historic Preservation Board shall have the authority to waive with or without conditions the parking, setback, height, use, signage, density and floor area ratio requirements of the underlying zoning district of those properties designated as an historic site or district. The Board shall have the specific authority, nothwithstanding any other provisions of the City Code, to grant owners: (1) a maximum of a 25% increase in maximum permitted floor area ratio; (2) the right to operate accessory commercial use establishments within the designated structures. The Board shall only grant approval of #1 and #2 above to property owners who have agreed to the designation of their properties and in conjunction with an application for a Certificate of Appropriateness establishing that physical improvements will result in significant historic renovation or preservation. 6. The Historic Preservation Board shall have the authority to grant Certificates for Transfer of Development Rights (TDR) to property owners of individual sites or owners of properties within districts designated as an historic site or district. The exercise of this authority shall be in accordance with the criteria for Transfer of Development Rights as shall be enacted by the City Commission. 7. 6, Facilitate the redevelopment of historic sites and districts by directing the Department of Planning to provide advisory and technical assistance to property owners, applicants for Certificates of Appropriateness, and other City departments. 8. The Board shall make and prescribe such rules and FegalatieRs by-laws and application procedures that are reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this chapter. Such rules and regulations shall conform to the provisions of this Section and shall not conflict with the Constitution and general laws of the State of Florida, the South Florida Building Code, except as provided in Section 26 of this Ordinance, and shall govern and control procedures, hearings and actions of the Board. No such rules and regulations shall become effective until a public hearing has been held upon the proposed rules and regulations, and any amendments or modifications thereto, and the same have been appFeved by the City CemmfssieR and filed with the Clerk of the Commission. JpeR appfeval by the Commission/ such Fales and Fegulatfens shall have the feiee and effect of law. The Board shall 7 prescribe forms for use by applicants in compliance with the provisions of this Section. The Board may authorize any one of its members to administer oaths and certify to official acts. B. Membership The Historic Preservation Board shall be composed of thiFteeR 4134 eleven (11) members. There shall be one architect with practical experience in the rehabilitation of historic structures and one landscape architect, both registered in the State of Florida; one builder, developer or general contractor with practical experience in the rehabilitation of historic structures w-ith eeRs}defable eehstFHetfeR expeffeRee OR Mfamf Beaelis one hfsteFfe pfesecvatieR+st Of architectural historian quaffed by edHeatfeR with a minimum of a Bachelor's Degree in architectural history or related field and practical experience in the rehabilitation of historic structures; five members as follows: a Fegfstefed licensed real estate brokers- or salesperson; a hetes- ewReFt ah apactmeRt bid-4441g ewReFf ah ewaeF of a eer rr reFetaf pfepeFty fR the City-, a professional engineer; a representative from Dade Heritage Trust; a representative from the Miami Design Preservation League, and a person holding an executive position in a Miami Beach lending institution; and feHF 443 two (2) additional members-at-large who own or manage commercial properties located in the Miami Beach Architectural District. All members of the Board shall be residents of, or have business interests in, the City of Miami Beach; provided, however, that the City Commission may waive these requirements in the event a person not meeting these requirements is available to serve on 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 in selecting Board members: - American Institute of Architects, local chapter - American Society of Landscape Architects, local chapter - Miami Design Preservation League - MiaRri Beaeh DeveiepeF=s Cennei4 8 - Miami Beach Chamber of Commerce - Miami Beach Jaycees - Miami Beach Visitors and Convention Bureau Authority - Miami Beach Development Corporation - Miami Beach Resect Metes AsseciatieR - Miami Beach Board of Realtors - Miami Beach Apartment AsseciatieR - Dade Heritage Trust - Florida Engineer Society, local chapter - Any person of any other organization representing the interests of the professions or industries listed in the membership categories in Section 26-4(B). 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 landscape architect, the builder, developer or general contractor, and the historic pfesetvatieRist of architectural historian shall be appointed for a two-year term and the remaining Ririe 49 seven (7) members shall each be appointed for one-year terms. Thereafter, every member appointed shall serve a term of two years. D ET Removal Removal shall be by the City Manager and approved by a majority vote of the City Commission,, unless a member is absent from three (3) consecutive meetings, with or without an excuse, which shall automatically remove such a member from the Board. Ne member may be iRvekdntar-il•y Femeved from effiee exeept upeR a f4Rdfrag of geed cause by the City CemmissieiT E FT Quorum A quorum shall be seven (7) six (6) members of the Board. F GT Meetings 9 '7 The Historic Preservation Board shall meet at 4east epee a menth OF meFe often at the call of the Chairperson or Planning Director, 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. G SIT Organization 1. The Chairperson and Vice Chairperson shall be elected from the members of the Board by a majority vote. 2. The Department of Planning shall provide the necessary staff to assist the Board in the performance of its duties. H 4T Voting A member of the Board may not vote on the designation of an individual site or any Certificate of Appropriateness if it involves or affects the members' own property or property owned by members of his or her family. All other state, county and municipal laws governing the ethical conduct of public officials shall apply to members of the Board. 26-5 DesignatieR of HP DistF4ets Designation of Historic Preservation Sites or Districts AT CFite 4a feF DesigRatieR 41 The designation of any ind4vidda4 site OF dist iet as histeF4ea44y, aFehiteetdua44y AF aFehee4egi€a44y signi44eant Fe9H4Fes that the fe44ewing gdaiifieatieR eliteF4a be met+ ai Listing AR the Nat4eRa4 RegisteF of Histecie P4aeesT This iegd4Fement may be waived at the ewe of ewneFs!tegdestT by BefeFe any pFepeFty may be designated Misteriea44y-T aFeb4teetuFa44y OF acehee4egiea44y significant, the ewneF OF ewneFS of sdeh pFepeity, OF a maieF4ty of the ewaeFs of pfepeFties within the distFiet iR the ease of an HisteFie PFeseivatieR gist -iet, sha44 eeRseRt; in wFiting, to sdeh designatienT 21 The fe44ewing additieRa4 e4teF4a midst aise be eeRsideFed* aT The quality of sign44€aRee in AmeF4eaR histeFy, aFeh4teetHFe, aFehee1egy, and ed4tdFe is pFesent 4R dist4ietsy site; bdi4dings, st#detdwess and objects of State and 4eea4 impeftanee that possess integF4ty of 4eeation, design, setting, mateF4a4s; weFkmaRship and asseeiat4en, and 10 4T That afe associated with events that have made a sigaf€i€ant Eeatffbdttea to the bfead pattefas et edf histefyt of 2T That afe asseeiiated with the lives of pefseas stga4ieaat +a odf past' OF 3: That embody the d+st+aetfve Ehafa€tef st+es of a type; peered; OF method of Eeastfd€tioRy of that fepfeseat the wefk of a mastef; of that possess high aFtfst4E values; of that FepFeseRt a sigaifi€ant and distfagdishab4e eat}ty whose Eempeaeats may lack iad4vfdda4 distiaettoa} OF That have yielded/ of afe 4ike4y to yield +afefmatfea +mpoftaat to pfeh4stefy of hfstefy: B A. Historic Site/Historic District Designation Procedure 1. Requests for Designation Requests for designation of an individual historic site or district may be made to the Board by motion of the Board, the City Manager, by resolution of the Miami Beach Planning Board or City Commission, by any property owner in respect to his own property, by a majority of property owners of record within the proposed district, or by resolution of the Metropolitan Dade County Historic Preservation Board, or by resolution of any organization whose purpose is to promote the preservation of historic properties. Proposals for designation shall include: a. A completed application form available from the Planning Department; b. A request initiated by a property owner for site designation shall include an application fee of $200.00; and, c. A request initiated by property owners or any non-governmental agency for district designation shall include an application fee of $35.00 per platted lot. 2. Preliminary Review Upon receipt of a complete application, the Planning Department shall prepare an evaluation and recommendation for consideration by the Board. After considering the Department's recommendation, a majority vote of the Board shall be necessary to direct the Department to prepare a designation report. 11 3. Designation Report The designation report shall describe the historic, architectural and/or archeological significance of the property proposed for site or district designation, recommend evaluation guidelines to be used by the Board to evaluate the appropriateness and compatibility of proposed developments affecting the designated site or district. The designation report shall be presented to the Board at a public hearing held during a regularly- scheduled meeting. 4. Public Hearing - Notification A public hearing on a proposed designation shall he 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 the proposed designation area 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 of the request, within fifteen (15) days of the public hearing. 5. 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 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 in this Section, no further Board action shall be required. 6. Requests for Permits If, following a recommendation for designation by the Board at the public hearing, a permit is sought for demolition, new construction, alteration, signage, repair, or other physical alteration or development 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 26-6; b. The proposed Historic Preservation designation is denied by the City Commission; or 12 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 26-6; and the applicant has submitted a convenent running with the land binding him to comply with all terms and conditions of the Certificate of Appropriateness, which will become void should the City Commission deny the designation. B. 13esignatieR Preeeduwe Criteria for Designation 4: Proposals Prepesals feF deslgRatieR of individual sites OF distsiets may be made te the Histerie Preservation Beard by ene of its members: the Beard staff: the City Manager-: a member of the Miami Beach PialRing Beard OF city CemmissieR: by any property ewReF with respect to his ewR pFopeFtys 2: Preliminary EvaivatieR The Beard Shall EeAduet a pFeliminaFy evaluation ef the desigRatieR epesai in ender te determine geRerai EeRfermanee with the eritesta set Perth in Seetiei 26-3 and the FeiatieRship of the pFepesal to the Beard=s eb}eetivesw After EeRsideiing the staff=s FeeemrneRdatieR; the Beard may direct the preparation of a desigRatieR report: 3: Designation Repent The desigRatieR report shall deseribe the histerie: ar€hiteetural OF areheelegieal sigaifieaBee of the property propesed Per site or distriet designatieR: reeemmeRd evaluatieR guidelines to be used by the Beard te evaluate the apprepriateness and Eempatibility of proposed deve4epmeRts affecting a designated site OF district: and: if applicable: provide a last of ROR-EeRferm+Rg structures which shall be excluded from the prepesed district: The desigRatieR repent shall be delivered to the Beard at a regularly-scheduled meeting: 4: Public Hearing - NetifieatieR A public hearing eR a proposed designation shall be EeRdueted by the Iisteri€ Preservation Beard within thirty 430 days from the date a designation report has been filed: A44 property owners ef recerd within the proposed designation area shall be Ratified by mail of the public hearing at least teR 44Q) days in advaRee of the hearing: 13 ReeemmeRdatieR 44 the Beard f.iRds the proposed desigRat4eR meets the ioteRt and e4tet4a set forth ib this Seet eR3 sha44 traRsm4t such Feeemmertda4eR to the PfaRRiRg Beard and City Cer m+ss+eR; afeRg with the Elesigbatieb repe4T and arty additieRs eF medifieatieRs deemed apprepr4ate= 44 the 1liste+e PreservatieR Beard f4osis that the proposed desigRatieR dees Rot meet the +Rteft and efite4a fR this SeetteR, Re further Beard aetfeR sha44 be required: 1. Mandatory Criteria a. The designation of any individual site 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 a. The designation of any individual site or district as an historic site or district requires compliance with at least one (1) of the following criteria: 1. Association with events that have made a significant contribution to the broad patterns of our history; 2. Association with the lives of persons significant in our past; 3. Embody the distinctive characteristics of a type, period, or method of construction; 4. Possess high artistic values; 5. Represent the work of a master; 6. Represent a significant and distinguishable entity whose components may lack individual distinction; 7. That have yielded, or are likely to yield information important in pre-history or history. C. HP Historic Preservation District Designation 14 1. 1=e44ew4Rg Upon a faveFabfe an affirmative recommendation by the Historic Preservation Board, the proposed designation shall be transmitted to the Miami Beach Planning Board te be who shall processed as a ehaRge ef sehing fR the proposed designation as an amendment to the zoning ordinance in accordance with the procedures specified in Section 16 of the Zoning Ordinance. 2. No site or district shall be designated as an historic site or district except by a five - sevenths (5/7) majority vote of the City Commission. 2:3. The ordinance adopting a proposed designation shall contain or reference the specific evaluation guidelines for the site or district. 3:4. All designated as k4ste4ea44y7 asebfteettiFaf}y-y a aieheefegtea4y stgRifieaRt historic sites and districts shall be delineated on the City's zoning map pursuant to Section 21-1(c) of this Ordinance as an Overlay District. Such sites and districts include: a. MU/HPS-1: Old City Hall, 1130 Washington Avenue Block 23, Ocean Beach Addition No. 3, as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida b. CCC/HPS-2: 21st Street Recreation Center, 2100 Washington Avenue Beginning at intersection of west right of way of Washington Avenue and south boundary of Collins Canal in Section 27, Range 42 east, Township 53 south, for point of beginning, then south 510 ft.; west 165 ft., north 45° to west 115 ft., north 160 ft., west 140 ft., north 70 ft.; northeast along south boundary of Collins Canal 435 ft. to point beginning 4: The pfE30449146 ef this SeetfeR sha44 be 414 additfeR te the pFevfsteRs and FegdfatteRs ef the exfst+Rg zeR+Rg dfst4etst this Seet}eH shati sdpeFsede aRy eeRf44et+Rg pfevis}eRs ef the ZeR+Rg OF4fRaREe: 5. Compliance with other zoning regulations required when not specifically addressed in this Sections; all other regulations contained within this Zoning Ordinance shall apply. 26-6 Certificate of Appropriateness/Certificate to Dig A Certificate of Appropriateness issued under the authority of the Historic Preservation Board shall be required prior to the issuance of any permit for new construction, demolition, alteration, repair, signage or other physical modification or 15 development affecting any property designated under the provisions of this Section unless the permit applied for is exempt pursuant to Section 26-3(B). A Certificate to Dig shall be required prior to the initiation of any development involving the excavation or fill on a site or in a district designated as archeologically significant pursuant to the provisoes of this Section. The procedure to obtain a Certificate to Dig shall be the same as indicated below for a Certificate of Appropriateness. 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. 2. The application shall be on a form provided by the Historic Preservation Board and shall include the feew.Rg +RfefratteR aid such ethef information as the Board may determine is needed to allow for a complete evaluation of the proposed demolition, construction or other physical improvement, alteration or modification. aT A wfftteR desef4ptfeR of the pFepesed aetfeR; b. A site pfaR as desef}bed FR SeetfeR 44-34A) of this OFdiRaReet ET AR efevatfeR shewfRg piepesed ehaRges to a14 aFehfteetufaf featuFesT B. Review Procedure 1. All applications involving demolition, new building construction, additions to existing buildings, major renovation work or substantial alteration of a designated structure or site shall be placed on the agenda of the Historic Preservation Board for their review and consideration within thtfty 4390 forty-five (45) days after the date of receipt of a completed application. a. At least teR 440 fifteen (15) days prior to consideration of an application by the Board, notice of such consideration shall be mailed to the applicant. 3 and a44 pfepefty ewes of fe€efd wfth+R 375 feet of the suhieet ofepeftyy of +R the Ease of a Fsfeoefty with ah l4+stef+e Pfesefvat4eR d4stffet, to a44 ethef pfepefty ewRefs wfth}R the 9fstffetT b. The Board shall approve, deny, approve with conditions or suspend action on an application for a Certificate of Appropriateness. In any case, the Board must act on an application within sixty 46Q4 forty-five (45) days from the date of the receipt of a completed submission, provided, however, that if specific revisions to an application 16 r submission are requested by the Board, the Board may have an additional thirty (30) 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 ninety (90) days provided for herein. c. 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. d. Notwithstanding any other provision or clause within this Section, no new structure may be constructed within a designated Historic Preservation District, nor any permit issued for such purposes, until the Board certifies that the new structure will be architecturally compatible with the structures within the surrounding district. The Board shall issue its final decision with respect to compatibility within sixty 460 forty-five (45) days of the receipt of a complete application or the application will be deemed automatically approved. The procedures specified in Section 26-8 below shall apply to the Board's decision with respect to compatibility. 2. All other applications for Certificates of Appropriateness involving exterior structural repairs, and minor physical improvements, or alterations (as may be more specifically defined by Board ege4atteas 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 extension of this review time. a. In the case of a denial of an application by the staff, the applicant may request consideration of the completed application by the Historic Preservation Board which shall proceed to review the application in accordance with the procedures set forth in Section 26-6(B). The Board may concur, modify, or reverse the staff's decision. b. Failure to render a decision within the time limits specified herein, provided all required data have been submitted by the applicant as required by the provisions of this Section, shall constitute approval of the application. 3. The approval of Certificate of Appropriateness or a Certificate to Dig shall not excuse the applicant of responsibility to comply with all other 17 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 26-4 below. C. Decisions on Certificates of Appropriateness/Certificates to Dig 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 and adherence to the adopted evaluation guidelines for the applicable designated site or district. 2. Where, by reason by particular site conditions and restraints or because of unusual circumstances applicable to a particular applicant, 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. The Beard shall adept admtRfstrattve Teles to spee4fy the standard feF demebstratfRg dRdue eseRerfe hardshlpT 3. 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 Cede ERfereemeRt Building Official. The applicant shall receive a copy of the Certificate of Appropriateness. 4. The Board may for a maximum period of up to six (6) months deny, or impose conditions for approval on, an application for a Certificate of Appropriateness for demolition, Fep4aeemeRt; afteratfeRs OF irprevemeits to a designated structure, The length of the de4faf per-fed sha44 be determined by the Beard based upeR the re4ative s4ga4€aR€e of the structure; the app4ieab4e eva4datfes guide44Res of the destgHated site OE dtstr4etf and the prebab4e time Fegxfwed to .Rvestfgate OF arraige fey pess}b1e a4teFRatfves to demoli•tieR IR-less except as provided in Section 26-3. 5. A decision on an application for a Certificate to Dig may include specific guidelines and procedures to be followed in excavation of the site. D. 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 or structure which does not involve a change of design, appearance or material, and which does not require a building permit. 18 26-7 Special Provisions A: The l=lfsteiie PreservatieR Board shaf4 have the power to waive with OF without eeRditiehs the paFk4Rg; setback; height; use-, signage; density and ffeer area ratio requiremehts of the uadeF4yiRg zeF4Rg district of these properties designated as hfsteFieaf4y; arehtteeturaf4y OF areheefegicaf4y sigRfficaRts The BeaFd sha44 have the specific autherityy RethwithstandiRg any ether previsieRs of the City Cede3 to grant eWReFs} (1) a m+Rimum of a 25% iherease tR maximum ffeer area Fate 42) the Fight to operate commerciaf estabfishmeRts OR the greuRd f4eors of such pEepeFties: The Beard sha44 eRfy grant such Fights above to prepeFty owners whe have agFeed to the designation of their properties and irk eeR}uRetieR with ah appfieatieR ler a Certificate of Appropriateness estabfishiRg that physicaf impFevemeRts w144 result -ii sigRfficaRt historic FeRevatfeR OF preservatieR: however; Re such deeisioR of the Beaid sha44 become ffRaf uRti4 ratified by the City Cemm+ss+eRT B: The Historic PreseFvatieR Beard shall have the authority to gFaRt Certificates feF TFaRsfer of DevefepmeRt Rights .(TDR) to property ewRers of iRdividuaf sites OF ewRers of properties w4.th.R districts designated as histerieaf4y7 arehiteetura44y3 AF areheefegfea44y sigRfffcaRt: The exercise of this authority shaf4 be fR aceeFdaRee with the criteria for TFaRsfer of DevefepmeRt Rights as sha-14 be enacted by the City CemmissieR: A. In those instances where a designated site or district is also under the jurisdiction of the Design Review Board (see Section 23 of Ordinance), requests for a Cerificate of Appropriateness shall be reviewed by a joint meeting of the Design Review Board and the Historic Preservation Board's Architect, Architectural Historian and one (1) At-Large member to be selected by the Historic Preservation Board. Application requirements shall be pursuant to Section 26-6-A. Appeals resulting from decisions of this combined Board shall be pursuant to Section 23-6 of the Ordinance. 26-8 Appeal A. Any person affected by a decision of the Board may appeal the Beard said decision to the City Commission which shall issue a final determination:; except for: 1. Appeals relating to design issues associated with a Certificate of Appropriateness shall be decided by the Design Review Board pursuant to Section 23-6; 2. Appeals relating to variances shall be decided by the Board of Adjustment; and 19 3. Consideration of appeals pertaining to historic district or site designation shall be sent to the Court of appropriate jurisdiction after the City Commission has approved such designation pursuant to Section 16. SECTION 3: That Section 23, subsection 23-3 of Ordinance No. 1891 is hereby amended to read as follows: 23-3 APPLICABILITY AND EXEMPTIONS A. Applicability. All building permits for new construction, alterations or additions to existing buildings iwthin the following areas shall be subject to review by the Design Review Board. No building permit shall be sissued without the express written approval by the Design Review Board or otherwise profided for in these regulations for the following areas: 1. Any use, structure or building located between the oceanfront builkhead line and the erosion control line. 2. Any use, structure or building within fifty (50) foot bulkhead rear yard setback for oceanfront lots. 3. Any use, structure or building within Marine Districts I and II. 4. Any use, structure or building located within a designated redevelopment area. 5. Any use, structure or building that is located in one of the above areas and within a designated historic district or site (Section 26 of this Ordinance). SECTION 4: That Section 23, subsection 23-4(B) of Ordinance No. 1891 is hereby amended to read as follows: 23-4(B) MEMBERSHIP 4. The Design Review Board shall be supplemented by the Historic Preservation Board's Architect, Architectural Historian, and one (1) At-Large member when the Design Review Board is required to review architectural plans for development projects that are being processed for a Certificate of Appropriateness pursuant to Section 26-7(A) of this Ordinance. SECTION 5: That Section 21, subsection 21-C of Ordinance No. 1891 is hereby to read as follows: 20 C. Explanation of Overlay Zones, District, and Sites Symbol Explanation DOD Dune Overlay District DOZ Dune Overlay Zone HOD Hotel Overlay District HOZ Hotel Overlay Zone HPD Historic Preservation District HPS Historic Preservation Site POD Parking Overlay District POZ Parking Overlay Zone SECTION 6: INCLUSION IN ZONING ORDINANCE NO. 1891. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the City of Miami Beach Zoning Ordinance No. 1891 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 7: REPEALER. All Ordinance or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 8: SEVERABILITY. If any section, sub-section, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such hold shall not affect the validity of the remaining portions of this Ordinance. SECTION 9: EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after adoption, on the 30th day of March , 1985. PASSED and ADOPTED the 20thday of March , 1985. 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