Ordinance 90-2697 ORDINANCE NO. 90-2697
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665;
PROVIDING FOR AN AMENDMENT TO SECTION 19,
ENTITLED "HISTORIC PRESERVATION BOARD AND
HISTORIC DISTRICT REGULATIONS", AMENDING SUB-
SECTION 19-6, ENTITLED "ISSUANCE OF
CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR
DEMOLITION", CLARIFYING THE REVIEW PROCEDURE;
PROVIDING A PROCEDURE FOR THE REVIEW OF NON-
HISTORIC PROPERTIES; PROVIDING FOR INCLUSION
IN THE ZONING ORDINANCE; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
Underline Words = New language
Dached Word& = Deleted language
SECTION 1: That Subsection 19-6 of section 19, entitled
"Historic Preservation Board and Historic District
Regulations" of City of Miami Beach Zoning Ordinance
No. 89-2665 is hereby amended to read as follows:
19-6 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/
CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION
* * * * *
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 its
review and consideration within sixty (60) days
after the date of receipt of a completed
application.
2 . The Board shall approve, deny, approve with
conditions or suspend action on all applications for
a Certificate of Appropriateness except for a
Certificate of Appropriateness for Demolition of
Historic Structures, which shall be a recommendation
from the Board to the City Commission. In any case,
the Board shall act on an application within sixty
(60) days from the date of the receipt of a
completed submission. Provided, however, that if
specific revisions to an application 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.
3 . Failure to render a decision within the time limits
specified herein, provided all required data have
been submitted by the Applicant as required under
this Section, shall constitute approval of the
application except that applications requesting a
Certificate of Appropriateness for Demolition of
Historic Structures shall be approved by the City
Commission.
4 . A Certificate of Appropriateness for the Demolition
of designated Historic Buildings, Structures,
Improvements or Sites shall only be considered by
the Board following a public hearing. Approximately
fifteen (15) days prior to the public hearing date,
a description of the request with the time and place
of such hearing shall be posted on the property, it
shall be advertised in a paper of general paid
circulation in the community, and notice shall be
given by mail to the owners of record of land lying
within 375 feet of the property. Within thirty (30)
days after the public hearing, the Historic
Preservation Board shall submit a report and
recommendation to the City Commission. The City
Commission may approve a recommendation of the
Historic Preservation Board by a simple majority
vote, but shall require a vote of five-sevenths
(5/7) of all members of the Commission to overrule
a Historic Preservation Board recommendation of
denial for regarding a Certificate of
Appropriateness for Demolition. The City
Commission's decision shall be rendered following
a public hearing according to the procedures and
notification requirements as set forth in this
subsection subparagraph.
5. A Certificate of Appropriateness for the Demolition
of Non-Historic Buildings, Structures, Improvements
or Sites, as listed in the Historic Properties Data
Base, shall only be considered by the Board
following a public hearing. Approximately fifteen
(15) days prior to the public hearing date, a
description of the request with the time and place
of such hearing shall be posted on the property, it
shall be advertised in a paper of general paid
circulation in the community, and notice shall be
given by mail to the owners of record of land lying
within 375 feet of the property. If the Historic
Preservation Board determines the status of the
property to be Non-historic no further action is
required and a Certificate of Appropriateness for
Demolition shall be issued. An Applicant or an
aggrieved party may file an appeal of the Historic
Preservation Board's decision to the City
Commission. The appeal shall be filed within
fifteen (15) days of the date of the Board's
decision. The appeal shall be filed with the
Department of the City that provides staff to the
Historic Preservation Board. The City Commission's
decision shall be rendered following a public
hearing according to the procedures and notification
requirements as set forth in this subparagraph. In
order to overrule the Historic Preservation Board's
decision a five-sevenths (5/7) vote of the City
Commission is required. A Demolition permit shall
not be issued until a Building Permit for the new
construction has been approved.
C. Decisions on Certificates of Appropriateness
* * * * *
4 . After consideration of the Historic Preservation
Board's recommendation, the City Commission may
grant, stay for a fixed period of time, or deny an
application for a Certificate of Appropriateness for
Demolition of a Historic Structure, as provided in
Subsection 19-6,C. 6. After consideration of the
Historic Precervation Board's recommendation, the
Commission may grant or ctay for a period not to
exceed one (1) year an application for a Certificate
of Appropriatenccc for Demolition of a non-Historic
19-6,C. 6. Should the Commission grant a stay for
Demolition, the length of such a stay shall be
determined by the Commission based upon the relative
significance of the Structure and the probable time
required to arrange a possible alternative to
Demolition. The effective date of the stay shall be
from the date of the Historic Preservation Board's
public hearing.
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 herewith
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 effect
on the 30th day of June , 1990.
PASSED and ADOPTED this 20th day of June
1990.
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ATTEST:
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CITY CLERK
1st reading 6/6/90 LEGAL DEPT.
2nd reading 6/20/90
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rev. 4/3/90 / 1 3 /40
a:demoHP Date
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.a? IIO
JUNE 6, 1990
DATE:
TO: Mayor Alex Daou• •
Members of • • City Commi : o
`
�
FROM: Rob W. Pa ins`. •�� 01�f��
City Manager I/
ARIO
SUBJECT: PLANNING BO • • 0 RECOMMENDATION: REQUEST TO AMEND OF THE
ZONING ORDINANCE REGARDING THE CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION OF NON-HISTORIC BUILDINGS
THE REQUEST
The Historic Preservation Board requests that the City Commission
approve an amendment to the Zoning Ordinance (Section 19-6)
pertaining to the review procedures for the issuance of a
Certificate of Appropriateness for the demolition of non-historic
structures (See Attachment) . The proposed amendment streamlines
the review procedure for the Historic Preservation Board in issuing
a Certificate of Appropriateness for the demolition of a non-
historic building.
The existing procedure for demolition of historic and non-historic
buildings requires the Historic Preservation Board to provide a
recommendation to the City Commission who makes a decision on the
issuance of demolition permit for any building in a local historic
district. This procedure requires public hearings by the Historic
Preservation Board and the City Commission.
The proposed procedure allows the Historic Preservation Board,
following a public hearing, to confirm the Urban Planning and
Historic Preservation Department's finding that the building is not
a historic structure. If the Board finds it is not a historic
building, it may be demolished without further consideration. If
it is a historic structure, the Commission is required to approve
the issuance of a demolition permit following a public hearing.
PLANNING BOARD AND HISTORIC PRESERVATION BOARD RECOMMENDATION
On April 5, 1990, the Planning Board held a public hearing for
purposes of considering the request. Following the hearing, the
Board unanimously (6-0) recommended approval of the amendment to
the Zoning Ordinance. On February 1, 1990 the Historic
Preservation Board reviewed the proposal and supported the
Ordinance Amendment and authorized the application which was
submitted by the Chair (Nancy Liebman) .
ADMINISTRATION RECOMMENDATION
It is recommended that the City Commission adopt the Planning Board
and Historic Preservation Board recommendation to adopt the
attached Ordinance.
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