Ordinance 83-2367 ORDINANCE NO: 83-2367
AN ORDINANCE AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 1891, SECTION 26 (HISTORIC PRESERVATION
DISTRICT REGULATIONS), SUB-SECTION 26-5(A), SO AS TO MODIFY
CRITERIA FOR DESIGNATION OF A SITE OR DISTRICT AS
HISTORICALLY, ARCHITECTURALLY OR ARCHEOLOGICALLY
SIGNIFICANT, INCLUDING MODIFICATION OF THE OWNER-
CONSENT CLAUSE; REPEALING ORDINANCES IN CONFLICT
THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: That Section 26-5(A) of Ordinance No. 1891 is hereby amended to read as
follows:
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Section 26-5 Designation of H.P. Districts
A. CRITERIA FOR DESIGNATION
1. The designation e€ any individual site OF OFepeFty w44h4P a proposed Historic
Preservation District shall Fe9144e that the fel-lewing eendit4ens be met+
a. Ne property may be designated as individual Histerie Site unless it is
listed es the National Register of Historic Places, unless the ewner
thereef agrees to waive this requirement$
b. Ne property shall be designated an Historic Preservation site, RAF any
preperty included within an Historic Preservation District, without the
written appFeval el the legal ewner4s) thereel.
e. Ne preperty shall be designated as )=IisteFle PFeservatieR site OF
+Reluded within an Historic Preservation district unless such a
designatien serves the purposes and goals eentained in Seetien 26-1 el
this Seeties, and unless the designation of the preperty is consistent
with the criteria for evaluation used by the National Register of
1=listerie Places.
1. The designation of any individual site or district as historically,
architecturally or archeologically significant requires that the following
qualification criteria be met:
a. Listing on the National Register of Historic Places. This requirement
may be waived at the owner or owners' request.
•
b. Before any property may be designated historically, architecturally or
archeologically significant, the owner or owners of such property, or a
majority of the owners of properties within the district in the case of
an Historic Preservation District, shall consent, in writing, to such
designation.
2. The following additional criteria must also be considered:
a. The quality of significance in American history, architecture,
archeology, and culture is present in districts, sites, buildings,
structures, and objects of State and local importance that possess
integrity of location, design, setting, materials, workmanship and
association, and
1. That are associated with events that have made a significant
contribution to the broad patterns of our history; or
2. That are associated with the lives of persons significant in our
past; or
3. That embody the distinctive characteristics of a type, period, or
method of construction, or that represent the work of a master, or
that possess high artistic values, or that represent a significant and
distinguishable entity whose components may lack individual
distinction; or
4. That have yielded, or are likely to yield information important in
prehistory or history.
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SECTION 2: REPEALER. All ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
SECTION 3: 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 any competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions of this
Ordinance.
SECTION 4: EFFECTIVE DATE.
This Ordinance shall take effect 10 days after adoption on
April 30, 1983.
PASSED and ADOPTED this 20th day of April , 1983.
MAYOR
ATTEST:
ttat-LIAI,e)kft-T-C
CITY CLERK
1st Reading - April 6, 1983
2nd Reading - April 20, 1983
RWP/SAY/bss
x 4/11/83
FORM
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