Ordinance 2000-3262 ORDINANCE NO. 2000-3262
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 II,DIVISION 4,ENTITLED "HISTORIC
PRESERVATION BOARD" BY AMENDING SECTION 118-101 TO CLARIFY
THE AUTHORITY OF THE BOARD, BY AMENDING SECTION 118-102 TO
EXPAND AND CLARIFY THE ROLE OF THE BOARD, BY AMENDING
SECTION 118-103 TO MODIFY THE MEMBERSHIP REQUIREMENTS OF THE
BOARD, BY AMENDING SECTION 118-106 TO MODIFY THE QUORUM
REQUIREMENTS OF THE BOARD, BY AMENDING SECTION 118-107 TO
CLARIFY THE MEETING REQUIREMENTS OF THE BOARD,BY AMENDING
SECTION 118-108 TO CLARIFY THE ORGANIZATION OF THE BOARD, BY
AMENDING CHAPTER 118,ARTICLE X,DIVISION 1,ENTITLED "HISTORIC
PRESERVATION"BY AMENDING SECTION 118-503 TO CLARIFY,EXPAND
AND ENHANCE THE SCOPE AND EXEMPTIONS OF THE BOARD, BY
AMENDING CHAPTER 118,ARTICLE X,DIVISION 2,ENTITLED "HISTORIC
PRESERVATION BOARD AND DESIGNREVIEW BOARD JOINT REVIEW OF
PROJECTS" BY AMENDING SECTION 118-531 TO CLARIFY THE
PROCEDURES OF THE HISTORIC PRESERVATION BOARD AND
ELIMINATE THE JOINT DESIGN REVIEW/HISTORIC PRESERVATION
BOARD,BY AMENDING.SECTION 118-532 TO CLARIFY THE ROLE OF THE
HISTORIC PRESERVATION BOAR[, TO ESTABLISH TIME PERIODS FOR
OBTAINING A FULL BUILDING PERMIT FOR CERTIFICATES OF
APPROPRIATENESS AND TO CLARIFY THE PROCEDURES FOR THE
MAINTENANCE OF DESIGNATED PROPERTIES,BY AMENDING SECTION
118-533 TO CLARIFY THE PROCEDURES, BY AMENDING SECTION 118-534
TO CLARIFY PROCEDURES PERTAINING TO THE HISTORIC PROPERTIES
DATABASE, BY AMENDING SECTION 118-535 TO DELETE THE
PROCEDURES PERTAINING TO THE CITY CENTER/HISTORIC
CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA,
BY AMENDING SECTION 118-536 TO CLARIFY VARIANCES PROHIBITED,
BY AMENDING SECTION 118-537 TO AMEND,CLARIFY AND EXPAND THE
REQUIREMENTS AND PROCEDURES FOR REHEARINGS AND APPEALS,
BY AMENDING CHAPTER 118, ARTICLE X, DIVISION 3, ENTITLED
"ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION" BY
AMENDING SECTION 118-561 TO AMEND AND CLARIFY THE GENERAL
REQUIREMENTS, BY AMENDING SECTION 118 -,562 TO EXPAND AND
CLARIFY THE APPLICATION REQUIREMENTS FOR CERTIFICATES OF
APPROPRIATENESS FOR DEMOLITION, BY AMENDING SECTION 118 - 563
TO CLARIFY, MODIFY AND EXPAND THE REVIEW AND APPEAL
PROCEDURES FOR CERTIFICATES OF APPROPRIATENESS,ELIMINATING
THE REQUIREMENT THAT THE HISTORIC PRESERVATION BOARD TAKE
ACTION WITHIN A SPECIFIED PERIOD OF TIME, TO ESTABLISH A TWO-
STEP REVIEW PROCEDURE AND A PRELIMINARY EVALUATION
PROCEDURE, BY AMENDING SECTION 118-564 TO EXPAND AND MODIFY
THE REVIEW CRITERIA FOR CERTIFICATES OF APPROPRIATENESS, TO
AMEND THE PROCEDURES FOR OBTAINING A DEMOLITION PERMIT AND
TO ESTABLISH TIME PERIODS FOR OBTAINING A FULL BUILDING
PERMIT FOR CERTIFICATES OF APPROPRIATENESS FOR DEMOLITION,
BY MODIFYING SECTION 118-565 TO CLARIFY SPECIAL REVIEW
PROCEDURES, BY AMENDING CHAPTER 118, ARTICLE X, DIVISION 4,
ENTITLED "DESIGNATION"BY AMENDING SECTION 118-591 TO MODIFY
THE DESIGNATION PROCEDURES, BY AMENDING SECTION 118-593 TO
AMEND THE TIMEFRAMES FOR OBTAINING A DEMOLITION PERMIT
PURSUANT TO HISTORIC DESIGNATION AND TO MODIFY AND EXPAND
THE PROCEDURES FOR THE APPLICATION OF EQUITABLE ESTOPPEL,BY
AMENDING APPENDIX "A", ENTITLED "FEE SCHEDULE" TO ADDRESS
THE PROPOSED AMENDMENTS TO THE HISTORIC PRESERVATION
SECTION OF THE CODE;PROVIDING FOR INCLUSION IN THE CITY CODE;
PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, The City of Miami Beach wishes to preserve its unique architectural history
and to maintain the integrity of existing structures in the City's designated historic districts and sites;
and
WHEREAS, The City of Miami Beach Historic Preservation Board is the primary vehicle
for preserving this history and integrity; and,
WHEREAS, The City of Miami Beach desires to expand and enhance existing procedures
of the Historic Preservation Board in order to preserve the historical and architectural integrity and
character of the City; and,
WHEREAS, The City of Miami Beach desires to refine, clarify and expand its application
requirements for Certificates of Appropriateness for Demolition to assure the adequate protection
of historic structures and architectural features within the City's designated historic districts; and
WHEREAS, projects under review by the City's Development Review Boards require
specific fees to offset the costs associated with reviewing such projects before, during and after
development approval and the fee schedule affecting development projects needs to be amended
from time to time to address changes to the City's Land Development Regulations; and
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WHEREAS, The City of Miami Beach Historic Preservation Board strongly endorses the
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.
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NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 118,Article II,Division 4,entitled"Historic Preservation Board"of the
Land Development Regulations of the Code of the City of Miami Beach,Florida is hereby amended
as follows:
Sec. 118-101. Created; authority.
There is hereby created a city historic preservation board for the purposes of carrying out the
provisions of this division. The board shall have the authority to recommend the designation of areas,
places, buildings, including the public portions of interiors of buildings, structures, landscape
features, archeological sites and other improvements or physical features, as individual buildings,
structures, improvements, landscape features, sites, districts, or archeological zones that are
significant to 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 division to grant
certificates of appropriateness and to determine whether 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 a-histalit building,histork stiat,turc,
-, •- e • • I • . : . -, . 00• ••
. - -. - . - . . . ••• • • •- . • .'- •- .
:may be altered
or demolished.
Sec. 118-102. Powers and duties.
The historic preservation board shall:
(1) Recommend to the planning board, and city commission, the designation of historic
buildings, structures, improvements, landscape features ' - •• . - - •. • _ •
• • - - -. : . • . public areas of interiors, • - -, . . • • , . . : . . • and
historic sites or districts.
(3) Issue or deny certificates of appropriateness, certificates to dig and certificates of
appropriateness for demolition in accordance with procedures specified in this division, excluding
certificates of appropriateness for demolition for City owned buildings and other improvements as
hereinafter specified on City-owned property and public rights-of-ways, for which the Historic
Preservation Board shall serve as advisor to the City Commission.
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(6) Facilitate the redevelopment of historic sites and districts by directing the planning
department,design and-historic preservation division,and other city departments,to provide advisory
and technical assistance to property owners, applicants for certificates of appropriateness.
* * *
(11) Review all new construction, alterations, modifications and improvements to 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.
(12) To review any and all amendments to the Code of the City of Miami Beach affecting Historic
Preservation issues: specifically Division 4 of Article II of Chapter 118 entitled "Historic
Preservation Board", and Article X of Chapter 118 entitled "Historic Preservation", pursuant to
Section 118-163.
Sec. 118-103. Membership.
(a) The historic preservation board shall be composed of nine seven members. There shall be
a member from each of the following categories: airardiitxt-iegistercd with the state with practical
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(1) A representative from the Miami Design Preservation League(MDPL), selected from three
names nominated by such organization.
(2) A representative from Dade Heritage Trust(DHT). selected from three names nominated by
such organization.
(3) One at-large member who owns or manages a property or properties located in one of the
City's historic districts. and who has demonstrated interest and knowledge in urban design and the
preservation of historic buildings.
(4) One at-large member who resides in one of the City's historic districts. and who has
demonstrated interest and knowledge in urban design and the preservation of historic buildings.
(5) An architect registered in the State of Florida with practical experience in the rehabilitation
of historic structures.
(6) A registered architect,registered landscape architect. professional designer or professional
urban planner with practical experience in the rehabilitation of historic structures: or an attorney at
law or a licensed engineer who has professional experience and demonstrated interest in historic
preservation.
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(7) A member of the faculty of a school of architecture in the State of Florida. with academic
expertise in the field of design and historic preservation or the history of architecture, with a
preference for for an individual with practical experience in architecture and the preservation of
historic structures.
(b) All members of the board except the architect, engineer, landscape architect, professional
designer or professional urban planner architectural historian and university faculty member of the
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board shall be residents of, or have business interests in, the city; 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.
Sec. 118-104. Appointment.
(a) Historic preservation board members shall be appointed by the city mailaE,er with the consiit
of th., city commission. An eligibility list solicited from, but not limited to,the organizations listed
in this section shall may be considered by the city commission in selecting board
members:
(1) American Institute of Architects, local chapter.
(2) Miami Design Preservation League.
(3) Miami Beach Chamber of Commerce.
(4) Miami Beach Development Corporation.
` (5) Miami Beach Board of Realtors.
(5) (-6) Dade Heritage Trust.
(6) (7) Florida Engineer Society, local chapter.
(7) (8) Any other organization deemed appropriate by the city manager commission.
(b) Except as provided in section 118-105, every member appointed shall serve a term of two
years.
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Sec. 118-106. Quorum.
The presence of a quorum shall be necessary to conduct a historic preservation board meeting. A
quorum shall consist of free four members of the board. A majority vote of the members present
shall be necessary to approve all requests or to decide all issues coming before the board with the
following exceptions:
(1) Issuance of a certificate of appropriateness for demolition, recommendations for historic
designation and reclassification of properties listed as "historic" in the historic properties database
shall require six five affirmative votes.
(2) Quoram and voting requirements for fire-joiahlesign review/historic preservation-board shall
Sec. 118-107. Meetings.
The historic preservation board shall meet at the call of the chairperson or the planning director
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director of the division of planning, design and historic prcscrvation in order to carry out the
provisions of this division. All meetings shall be open to the public and shall be conducted in
accordance with the rules and regulations adopted by the board. Members of the public shall have
the right to address the board and to present evidence.
Sec. 118-108. Organization.
(a) The chairperson and vice chairperson shall be elected annually from the members of the
historic preservation board by a majority vote. . . . • ' : .: ' • . : . '•• • •••
years.
(b) The planning department, . . . ' . ' . • . '. .••' • shall provide the
necessary staff to assist the board in the performance of its duties.
(c) The planning director or designee shall attend all meetings of the board and serve as a liaison
between the board, the city administration, organizations interested in historic preservation and the
general public.
SECTION 2. That Chapter 118,Article X,Division 1, entitled "Historic Preservation" of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
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 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 . • . ' • -, .• •' - . ' - . , • • • • . • •
. . . .- . . . • • ..' .' - . - . . . ••' ' . •- . • .' - 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 and internal structural
system including columns, beams, load bearing walls and floor plates and roof plates 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 the appearance of public interior spaces.
. - - - . - . - '. . • . . - - - .. : - : . - - . - .. . - : :- . . . - .
and euiitributing 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 inking located on exteriors or
within public interior spaces, and not visible from the public
right-of-way. or a designatcd interior.
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SECTION 3. That Chapter 118, Article X, Division 2, entitled "Historic Preservation Board and
Design Review Board Joint Review of Projects" of the Land Development Regulations of the Code
of the City of Miami Beach, Florida is hereby amended as follows:
DIVISION 2. HISTORIC PRESERVATION BOARD AND DESIGN REVIEW BOARD JOINT
REVIEW OF PROJECTS*
Sec. 118-531. Review requests for public improvements., meetings.
, • - , ; , ; .- - ; . - , - - , : .. : , - . • , ; , ••• •
•- •- •- - - - - - - - •- - -• - - - - • •- - - - - - - - - - - - - - - - - • -
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... . . . ., •. •, . • •. . . . . •••, . • , . . . . _ . ..
meeting of the design review board and the historic preservation board's architectural historian,
appointees from Miami Dcsign Preservation League,Dade Ileritage Trust, and faculty member from
: . • • - -• • • - - ; -. , ,• - • - , i - , - - - . - I- . ; ; • - - - - - - , ••' -
• • - - • • • - - - - -
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historically significant buildings which arc noneonforming buildings aireHrxve-been-danraged by
- : : .- - - : •. . -, : The historic preservation board shall review public
improvements upon public rights-of-way and easements located within a historic district and
materially affecting any public right-of-way, public easement, building, structure, improvement,
landscape feature, public interior or site individually designated in accordance with Sections 118-
591, 118-592 and 118-593. For purposes hereof, public improvements shall include, but not be
limited to, structures, streetscape projects, street improvements or redesign, modifications to street
lighting or signage, landscaping projects, medians, and above ground utilities; however, public
improvements shall exclude routine maintenance and utility repair work.
(b) The presence of a quorum shall be necessary to conduct a meeting of the joint board. A
quorum of the joint meeting shall consist of seven members of the combined board; provided,
however,that at-least two-ufthe seven memberN must-bc-membcrs of tlre-historic preservation board.
: : .• - •, - , - ;II ' • , - - .- - . - - • •V• •- - - - • . -; •
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6.- - - - - - - - ' - • - -
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'- ' - - - ee '- - '- - - ' - - - - - - el - - — - - - '-
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IL.quiiements of chapter 118, article VI.
Sec. 118-532. Proceedings before the historic preservation board. : : : - - ••- •• • : '
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. a
preservation board.
(c) Withdrawal or final denial. Upon the withdrawal or final denial of an application for any
certificate of appropriateness for demolition from the historic preservation board, or design revicw
.. .,' . • •. *V . , a new application cannot be filed within six months of the date
of the withdrawal or denial unless, however, the decision of the board taking any such final action
is made without prejudice. An application may be withdrawn without prejudice by the applicant as
a matter of right if such request is signed by the applicant and filed with the planning7desigrand
• • ` . •. •• •• •• •. department prior to the giving of any notice required by those land
matter being considered by the board; otherwise, all such requests for
withdrawal shall be with prejudice, . The historic preservation board ordesign
•• •• ..: .,' . . • - •• '. ... . may permit withdrawals without prejudice at the time the
application for such certificate of appropriateness is considered by such board.providcd f 1thw, that
n No application may be withdrawn after final action has been taken.
(d) Recording of certificate of appropriateness. After a certificate of appropriateness has been
ordered by the board, the applicant shall record in the public records of the county the action and
Order of the board. No building permit, demolition permit, certificate of
occupancy,certificate of completion or licensing permit shall be issued until-the proof of recordation
has been complicd with. I\for to recordation, tin e' the first arnent.
submitted. Only the historic preservation board, . . •_ •• •• • •. '• ••: •
is empowered to release any conditions of its recorded Order, assuming the condition is no longer
applicable.
Deferrals and continuances.
(1) An applicant may defer an application before the public hearing only one time. The request
to defer shall be in writing. When an application is deferred. it shall be re-noticed at the applicant's
expense as provided in section 118-563(d). In the event that the application is not presented to the
historic preservation board for approval at the meeting date to which the application was deferred,
the application shall be deemed null and void.
(2) The board may continue an application to a date certain at either the request of the applicant
or at its own discretion. In the event the application is so continued, not less than 15 days prior to
the new public hearing date,a description of the request,and the time and place of such hearing shall
be advertised in a newspaper of general circulation within the municipality at the expense of the city.
(3) In the event the application is continued due to the excessive length of an agenda or in order
for the applicant to address specific concerns expressed by the board and/or staff,the applicant shall
present for approval to the board a revised application inclusive of all required exhibits which
attempt to address the concerns of the board and/or staff for the date certain set by the board,which
shall be no more than 120 days after the date on which the board continues the matter.
(4) In the event that the applicant fails to timely present for distribution to the board, a revised
application as described above within 120 days of the date the application was continued. the
application shall be deemed null and void.
(5) Deferrals or continuances for a specific application shall not exceed one year cumulatively
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for all such deferrals,or continuances made by the board,or the application shall be deemed null and
void.
(1) Timeframes to obtain a Building Permit.
The Applicant shall have up to one(1)year from the date of the board meeting at which a Certificate
of Appropriateness was issued to obtain a full building permit or a phased development permit. The
foregoing one (1) year time period includes the time period during which an appeal of the decision
of the historic preservation board may be filed. If the Applicant fails to obtain a Full Building Permit
or a Phased Development Permit within one(1)year of the board meeting date at which a Certificate
of Appropriateness was granted and/or construction does not commence and proceed in accordance
with said permit and the requirements of the South Florida Building Code, the Certificate of
Appropriateness shall be deemed null and void. Extensions for good cause,not to exceed a total of
one (1) year for all extensions, may be granted by the historic preservation board, at its sole
discretion,provided the applicant submits a request in writing to the planning department in advance
of the expiration of such approval, setting forth good cause for such an extension. In the event a
proposed City Code amendment renders a project with a Certificate of Appropriateness non-
conforming, as more specifically set forth in sections 118-168 and 118-169 of this Code, then such
project shall not be eligible to receive any extension of time granted by the historic preservation
board. Notwithstanding the foregoing, in the event the decision of the historic preservation board
is timely appealed, the applicant shall have one (1) year from the date of final resolution of all
administrative and/or court proceedings to obtain a full building permit or phased development
permit.
(c)(W) Maintenance of designated properties.
(1) The owner 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 .•' .' • • • • . ' • - • •
'•'. .: . . : • . ' . ' • , whether vacant or inhabited, shall be required to properly
maintain and preserve such building or structure in accordance with standards set forth in the South
Florida Building Code,this article and this Code, If 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 a building or structure within the eity`s designated
• . ' .' ' . . : ' .' •'it. . - -•_ . - . •- . '- -• -, in the opinion of the historic,
preservation board or the city's building official,in consultation with the
coordinator planning director, or their designees, falls into a state of disrepair so as to potentially
jeopardize its structural stability and/or architectural integrity,as well as the safety of the public and
surrounding structures, such duly designated officials may inspect the subject property after five
days' notice to the owner of intent to inspect. If determined necessary following inspection, the
building official, in consultation with the ' • ' . ' . : •. •• •• : • planning director,
or their designees, may require the owner to submit a detailed report prepared by a licensed
professional engineer or a registered architect experienced in architectural restoration work, for
review by such city officials. Such report shall evaluate the condition of the building, based upon
on-site inspection, as well as provide recommendations relative to proper remedial actions required
to restore structural stability and/or to preserve the architectural integrity of the building or structure.
If the owner fails to comply with this requirement within ten business days of receipt of written
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notice, the city's building official may authorize, at the owner's expense, the preparation of such
detailed report by an independently selected licensed professional structural engineer and/or
registered architect experienced in restoration work of his choosing, in consultation with the city's •
historic preservation coordinator.
(2) If an independent detailed evaluation report is authorized by the city's building official, the
owner of the subject property shall be notified of the findings of such report in writing by the
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building official and/or historic preservation coordinator. The owner shall then be required to submit
to staff for review within 15 business days from receipt of written notice, detailed construction
documents, including but not limited to all drawings and specifications necessary to receive design
ccvicw certificate of appropriateness approval and issuance of a building permit to rectify the
problems identified for remedial action in the evaluation report.Upon receipt of the building permit,
the owner shall immediately take all actions specified in the approved construction documents to
restore the structure's or building's structural stability and/or architectural integrity and protect the
life, safety, health and welfare of the immediate area; remedial action in this regard shall include,
but not be limited to, the structural shoring, stabilization and/or restoration of any or all exterior
walls, interior loadbearing walls, columns and beams, roof trusses and framing, the blocking of
openings and securing of existing windows and door openings, as well as sealing of the roof surface
against leaks, including from holes, punctures, open stairwells, elevator shafts and mechanical
systems roof penetrations as necessary to preserve the building or structure in good condition. If the
owner of the subject property ,in the opinion of the city's building official,
in consultation with the city's historic prcservation cool dinatoi historic preservation
• board and/or planning director,or their designees,fails to substantially undertake the remedial action
specified in the report within two weeks of receipt of written notice to take such action,the city may,
at the expense of the owner, facilitate any and all remedial actions required to retain and preserve
such building or structure and protect the life, safety, health and welfare of the immediate area.
(3) Nothing in this section shall be construed to prevent the ordinary maintenance or repair 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 . • .. • ... .. . . -, . . . • - , . de . . - , •
which does not involve a change of design, appearance or material, and which does not require a
building permit or certificate of appropriateness for dtmolitioic 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 A building, stt acturc,
. . • , . . - . . . -• that is the subject of an application fora certificate of
appropriateness for demolition shall not have its architectural features removed,-ordestroyed or
modified until the certificate of appropriateness is granted. Owners of such property shall be required
to maintain such properties in accordance with all applicable codes up to the time the structure is
demolished. The owner 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 • • . . • ., • . • -
• . . • - , . - . . - , ' - ', -• - . , • - - . - -• ' . •- . •- .•- •- , if such
structure is vacant and uninhabited, shall provide sufficient maintenance and upkeep it to ensure its
perpetuation and to prevent its deterioration.
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(4) 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 designated histories Site or any building or sty acture located iira-dtsignated historic dislriet
which is currently vacated and closed or is proposed to be vacated and closed, and at such time as
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 .
is vacated and closed for a period of four weeks or more, an application shall be made for design
review certificate of appropriateness approval and a building permit to secure and seal such building
or structure. The owner 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
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located within an historic district , or the owner's designated representative,
shall notify the city's building official and ' . ' •. '. .. .' . . planning director, or
their designees,in writing of the proposed date of vacating such building or structure. Upon receipt
of written notification to vacate, a visual walk-through inspection of the subject premises by the
building official and historic oservativrnourdinalu1 planning director,or their designees,may be
arranged to ascertain the general condition of the building.
(5) The inspection discussed in subsection(e)(4)of this section shall include,but not be limited
to, a visual evaluation of the structural system to the greatest extent possible, exterior and interior
walls, roofs, windows, doors and special architectural features, as well as site features. Upon
completion of such inspection, the building official, in consultation with the city's historic
preservatiorreeerdinator planning director, or their respective designees, shall notify the owner in
writing of the findings of the inspection. If maintenance and/or structural deficiencies are identified
which adversely affect the structural condition and/or architectural integrity of the building or
structure, such deficiencies shall be properly remedied by the owner of the building or structure, to
the satisfaction of the building official and the . ' •• '. .. •• . • planning director,
or their respective designees,before any sealing or closing of the structure shall be permitted. The
owner of such building or structure shall be, required to obtain certificate of
appropriateness approval and a building permit for any and all such remedial work;upon completion
of the work, the building official and ' . ' . •• '. .. .' • . planning director, or their
designees, may reinspect the subject building or structure to determine whether all work has been
completed in compliance with the approved plans. Upon determination of completion,the owner of
the subject structure shall file application for desigrr review certificate of appropriateness approval
and a building permit to seal and secure the building.
(6) Upon the six-month anniversary of the first inspection subsequent to the vacating of a
building or structure, and every six months thereafter for the duration of the vacancy of the structure,
such premises shall be made accessible by the owner for reinspection by the building official and the
historic preservation cooriliiiatui planning director, or designees, in order to verify that sufficient
maintenance and upkeep is being provided to ensure the perpetuation of the structure and to prevent
its deterioration. Any deficiencies identified by the building official, in consultation with the eity's
. ' . - - •. '. .. .' : . planning director, or designees, during any of the six-month
inspection periods shall be remedied for reinspection within 20 business days or shall constitute a
violation of the city's building and property maintenance standards contained in this Code and the
11
city's building code enforceable by the city using all available means.
Sec. 118-533. Unauthorized alterations.
When the historic preservation board or planning department determines that a building, structure,
improvement,landscape feature,public interior or site located within a historic district or a building,
structure, improvement, site or landscape feature which has been designated "historic" pursuant to
this section has been altered in violation of this section,the board or planning department staff may
notify the city's department of code compliance to initiate enforcement procedures. Any such
property altered without obtaining a certificate of appropriateness must make application to the
historic preservation board for an"after-the-fact" certificate of appropriateness prior to any further
work taking place on site. . . ' _ • • •,
boaidllrlStolic Vat1u11 Wald to retain the . : '. . . •• • , '
The historic preservation board shall determine whether the property shall
be returned to its condition during the period of historic significance prior to the alteration. Failure
to comply with this subsection shall be punished by the imposition of fines and liens of up to
$250.00 per day and$500.00 per day for repeat violations as provided in chapter 30 of the city Code.
Sec. 118-534. Historic properties database.
(a) Historic buildings, historic structures, historic improvements, historic landscape features,
historic public interiors and contributing buildings within a historic district historic sitcs and
historically significant propertics as d&fined in-sect-on 114-1 shall be listed as such in the city
historic properties database maintained by the planning department, . ': : • • . ' . •: ••
division.A building not listed or listed as"non-contributing"on the historic properties database shall
not preclude its classification or review pursuant to the certificate of appropriateness process.
Buildings and structures that which are located in a locally designated historic district but have not
been individually designated"historic"pursuant to division 4 of this article shall also be listed in the
city historic properties database and classified as either contributing or noncontributing as defined
in section 114-1.
* * *
Sec. 118-535. - Reserved City center/liisturie convention village redevelopment and
revitalization area.
; - . - - . •- -- - •. •. .. - I. 1112 . . - - •.. - . : . . 1. • . ••9
•• - -'. - . I - - • . ....- - I - - • - . -
LtnterHristolic-L,onvntion villagL redevelopment and revitalization arca plan until December 31,
• . •' ; • , 1" . • j - - - .- I 66: - - - . • • . . •- - : . . - ', - - II. - ,
12
thLs�and-Lleveh,prncnt regulations shall be performed respectively by the-historic preservation board
and dcsign review board/historic preservation board appointed pursuant to Oidinancc No. 94-2926.
thc office of the city clerk.
Sec. 118-536. Variances prohibited.
No variances shall be granted by the zoning board of adjustment from any of the provisions or
requirements of this section: provided,however, the foregoing prohibition shall not limit or restrict
an applicant's right to a rehearing or to appeal decisions of the historic preservation board ul thc joint
. • •• •• ••. .. • . ' - - •. •. ••. • as trnuic particularly provided in this article.
Sec. 118-537. Rehearings and appeals.
(a) Rehearings.
(1) The historic preservation board . . • •_ •• •• '- • • • •• • may
consider a petition for rehearing by the applicant, the owner(s) of the subject property, the city
manager, an affected person, Miami Design Preservation League, or Dade Heritage Trust. For
purposes of this section, "affected person" shall mean either a person owning property within 375
feet of the applicant's project reviewed by the board, or a person that appeared before the board
(directly or represented by counsel), and whose appearance is confirmed in the record of the board's
public hearing(s) for such project.
(2) A petition for rehearing shall be in writing, shall be by or on behalf of a named appellant(s),
and shall be submitted to the . : •. . • • •: • planning director on or before
the fifteenth day after the date of rendition of the board's order;however, in cases where a condition
imposed by the board is not followed by the applicant or is incapable of being done within this 15
day time frame, a petition for rehearing may be filed within 60 days of the date of rendition of the
order imposing the condition. For purposes of this article, the "date of rendition" shall be the date
upon which a signed, written order is filed with the board's clerk, and an order shall be deemed
"filed" when a fully executed order is returned to, and in the possession of, the clerk.
* * *
(4) Notice requirements for a rehearing shall be identical to the notice requirements for the
original hearing and shall be the responsibility of the party filing the petition. The board may rehear a
case, take additional testimony and either reaffirm its previous decision or issue a new decision
reversing or modifying the previous decision. If the petition is based on a Harris Act claim and the
board concludes that the action or order inordinately burdens an existing use of the applicant's real
property or a vested right to a specific use of the applicant's real property,then the board shall amend
or modify the action or order, in whole or in part, to eliminate the inordinate burden.
13
(b) Appeals.
(1) The applicant, the owner(s) of the subject property, the city manager, Miami Design
Preservation League,Dade Heritage Trust, or an affected person may appeal the board's decision to
a special master appointed by the city commission. For purposes of this section, "affected person"
shall mean either a person owning property within 375 feet of the applicant's project reviewed by the
board, or a person that appeared before the board (directly or represented by counsel), and whose
appearance is confirmed in the record of the board's public hearing(s) for such project. The appeal
shall be based on the record of the hearing before the board, shall not be a de novo hearing, and no
new, additional testimony shall be taken. The appeal shall be in writing shall be by or on behalf of
a named appellant(s),and shall be submitted to the city clerk " . ' - •. '. . . . .: . '_
director on or before the twentieth day after the date of rendition of the board's order. However, in
the event that a petition for rehearing is filed pursuant to subsection (a), above, the time for filing
an appeal to the special master shall be on or before the twentieth day after the date of rendition of
the board's order regarding the petition. Within 30 days of receipt of the appeal,the city clerk historic
. - - •. ". . . . .: . - ." - . shall submit the appeal to the special master who shall set a
date and time for hearing the appeal. Notice requirements for the hearing shall be identical to the
notice requirements for the original decision upon which the appeal is based, except that there shall
be no requirement for mailed notification regarding the subject appeal. A full verbatim transcript of
all proceedings which are the subject of the appeal shall be provided by the party filing the petition: said
verbatim transcripts shall be filed no later than two (2)weeks prior to the first scheduled public hearing
to consider the appeal. The appeal shall require a fee as provided in Appendix A.
SECTION 4. That Chapter 118, Article X, Division 3, entitled "Issuance of Certificate of
Appropriateness/Certificate to Dig/Certificate of Appropriateness for Demolition" of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Sec. 118-561. General requirements.
A certificate of appropriateness issued under this Chapter . . . ' • . •- . ' •: •.
board . '. . _ • •• ..• •,' ' . ' . '• u, • shall be required prior to the issuance
of any permit for new construction, demolition, alteration, rehabilitation, renovation, restoration,
signage or any other physical modification affecting 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 . .. • . . . " . " . ' .' • . • _ •
. . . . . . . . . . . . . . .
•
improvcrnent,historic landscape feature or historic sitc or affccting a significant architcctural fcaturc
. : .. . ' : : . : - . . . • . - . .. . • : .." ." : unless the permit applied for is
exempted pursuant to subsection 118-503(b). A certificate to dig shall be required prior to the
initiation of any development involving the excavation or fill on a historic site or in a historic district
designated as archaeologically significant pursuant to the provisions of this article. The procedure
to obtain a certificate to dig, or to designate a historic site as archaeologically significant, shall be
the same as indicated in section 118-562 for a certificate of appropriateness.
Sec. 118-562. Application.
14
(b) All applications involving demolition,new building construction, alteration, rehabilitation,
renovation,restoration or any other physical modification 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 a historic building,histvrn,stiu.turL,
' '
. - . • - - - . , .- -; u- -; . -, - . - - , . VII : 11 - . -. - . • . ^
• -• O • ' - •I . . . ' . . '.. ' _ .1' .' _ • shall be on a form provided by the board
planning department and shall include such information and attached exhibits as the board and the
planning department may determine is are needed to allow for complete evaluation of the proposed
demolition, construction and other physical improvements, alterations or modifications including,
but not limited to, the following:
(1) Written description of proposed action.
(2) Survey.
(3) Complete site plan.
(4) Materials containing detailed data as to architectural elevations and plans showing proposed
changes and existing conditions to be preserved.
(5) Preliminary plans showing new construction in cases of demolition.
(6) A financial feasibility study of the new project in cases of demolition and a feasibility study
for an existing structure which addresses the possibility of substantially renovating or operating the
existing historic structure. Consideration of parking needs and demands shall be addressed within
the feasibility study, as well as alternative methods of providing parking. The study will also
determine whether the retention of the building would deny the owner economically viable use of
the property.
CZ An historic resources report. containing all available data and historic documentation
regarding the building, site or feature.
(8) Any application which involves substantial structural alterations to or the substantial or full
demolition of any building, structure, improvement. significant 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,with the exception of non-substantial exterior structural repairs,alterations
and improvements(as may be more specifically defined by the board in its by-laws and application
procedures). shall be required to include a Structural Evaluation and Corrective Action Report
prepared by a professional (structural) engineer, licensed in the State of Florida as a part of the
application at time of submission. For non-substantial exterior structural repairs. alterations and
improvements (as may be more specifically defined by the board in its by-laws and application
procedures), a signed and sealed engineering drawing shall be required. The Structural Evaluation
and Corrective Action Report shall include. but not be limited to. the following:
a. Review and Analysis of Structural Conditions, based upon the engineer 's direct on-site
inspection and analysis of the structural condition of the subject property. as well as any and
all earlier structural records and drawings, as may be available. This shall include
documentation, in the form of photographs.plans, elevations,and written descriptions,of any
and all areas, portions. or elements of the building or structure that shows existing or
15
potential structural problems or concerns, in full accordance with the requirements of the
Building Official.
b. Results of Testing and Analysis of Structural Materials and Concrete Core Samples, taken
at a sufficient number of locations in and about the building, inclusive of but not limited to
foundations, columns,beams,walls,floors and roofs. The report shall professionally analyze
and evaluate the compressive strength, chloride content, and overall structural condition of
each and every core sample and assess the condition of all other structural elements or
systems in the building or structure,regardless of material,that may be of structural concern.
c. Proposed Corrective Measures and Monitoring of the Work, including detailed plans,
elevations, sections and specifications, as well as written descriptions of any and all
structural corrective measures that will be undertaken for any and all areas, portions, or
elements of the building or structure that may be of structural concern. These documents
shall contain sufficient supporting evidence to establish that the corrective measures
proposed will be adequate to restore and preserve the structural integrity of the identified
areas, portions, or elements to be preserved, including a written and detailed description of
the process by which the proposed corrective work will proceed. as well as the sequencing
of the work. Finally, a written verification shall be included stating that all structural
conditions throughout the building or structure shall be closely monitored by a Special
Inspector, approved by the Building Department and employed by the applicant, during the
course of all demolition, new construction, and bracing and shoring work. This provision
is required in order to immediately identify any and all adverse changes in the structural
integrity or stability of the subject building or structure during the course of the work,
inclusive of architectural features. The Special Inspector shall provide expeditious direction
to the contractor specific to how the observed adverse changes shall be quickly and properly
stabilized and permanently corrected. This information shall be immediately conveyed to
the City's Planning and Building departments for their review and any necessary actions.
d. Proposed Methodology and Process for Demolition, including detailed plans. elevations,
sections and specifications. as well as a written description of any and all temporary shoring
and bracing measures and all measures required to protect the safety of the public and
workers. These measures shall be fully implemented and in place prior to and during the
course of any demolition and construction activity on the subject property. The documents
shall contain sufficient supporting evidence to establish that the corrective measures
proposed will be adequate to restore and preserve the structural integrity of the identified
areas, portions, and elements, including a written and detailed description of the proposed
process and sequencing of demolition, as well as a detailed description of the demolition
methods to be utilized. Finally, a written verification shall be included stating that all work
as described above shall be closely monitored during the course of work by a Special
Inspector approved by the Building Department. This Inspector shall be employed by the
applicant.
e. A signed and sealed Certification that the structural integrity and stability of the subject
building(s)/structure(s), and its architectural features, shall not be compromised in any way
during the course of any and all proposed work on the subject site.
isj Before a Building Permit for a subject project site is issued,the property owner shall submit
16
a notarized affidavit guaranteeing that any proposed structural corrective work, shoring and
bracing, and any other construction and restoration work approved by the historic
preservation board,the building department and/or the planning department for 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 will be carried out in accordance with approved Building Permit plans. specifications,
procedures. and all other Building Permit documents and that the property owner shall take
whatever corrective action is necessary to protect and ensure the stabilization of the subject
structure in the event the Building Official determines that the work on site is not being
carried out in accordance with the approved Building Permit plans. specifications,
procedures, and all other Building Permit documents.
Sec. 118-563. Review procedure.
(a) All applications involving demolition,new construction,alteration,rehabilitation.renovation,
restoration or any other physical modification of any building. structure, improvement, significant
landscape feature, public interior or site individually designated in accordance with Sections 118-
591, 118-592 and 118-591 or located within an historic district a historic building,historic stiacttue,
11 . • - , • . - of . . , . - , . 1111 . . - II . - • . •
liistulie distri.,t shall be placed on the next available agenda of the historic preservation board for its
review and consideration after the date of receipt of a completed application.
(b) The board shall hold a public hearing regarding each application in accordance with the
notice and hearing procedures set forth in subsection(d))of this section. The board shall approve,
deny, approve with conditions or continue action on all applications for a certificate of
appropriateness. , • .
1111. 11 1111
• • ,
- 1111 '
- -'. . . 1 . . . • 11 11 . . 1111 • 11 1111 , ,, , " • , •
. • -•. - . • • 11 11 . I 1 11 - -'11 • 11 1 - I ` 11 11. 11, II. 11 • • • •
11 11 11r. 11 11 • - 11 . U 11. •• . 11 11 11 •. 11 . 11 11 • • 11 11 •
•
. . I 1111.111, • " I 1111 • 11 • . ■ 11 • 11 . .11 I 111 1. - . I 11•
(e) Failure tu-icndcr a decision within the time limits specified in thiscction, provided all
. • 11 _ _ 1 11 11 11 • • 11 11 • . . 1 . I ■ • , • 11
. 11 11 . ' . . . 11 11 • . 11 11 • 1 I I . • I 11 " . 1 • , 11 11 11, , I , . I
'
I , • I • .1 11 . 1 1111 1 . - 11 11 : 11 • • •'
1111—1111 11 —.. • 11 '11. - • 11 . 11 11 - I • 11 . 11 . 1 11 '. 11 • •
•• •• • I " 11 11. 11 • 11 • 1 ' •1 11 11 ••• 11 11•1 I 1 11• 11 • '
f d)(c) All applications for a certificate of appropriateness for the demolition or partial demolition
of any building, structure, improvement, significant 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 historic buildings,historic stycntures,histurie improvements,historic sitcs,
historic landscape fcature or buildings and structures located within a historic district(in.,luding a
-• . . 11111 • . . " u• = and all
applications for a certificate of appropriateness for new building construction, alteration,
rehabilitation,renovation,restoration or any other physical modification of any building. structure,
17
improvement, significant landscape feature, public interior or site individually designated in
accordance with Sections 118-591. 118-592 and 118-591 or located within an historic district shall
only be considered by the board following a public hearing. Approximately 15 days prior to the
public hearing date, a description of the request with the time and place of such hearing 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. The mail notification requirement shall be the responsibility of the applicant. The historic
preservation board shall decide,based upon the criteria set forth in subsection 118-564(0(4),whether
or not to issue a certificate of appropriateness for demolition.A demolition permit shall not be issued
until a full building permit for the new construction has been apple,ved issued, except as permitted
under Section 118-564(0(6).
(e)(d) Notwithstanding subsections 118-563(a)-(c) above. aAll applications for certificates of
appropriateness involving minor repairs,demolition,alterations and improvements exterior stt u tural
..' . . ' . . • • . ' • . • . . . '. - (as inay be mote specifically defined below
and by additional Design Guidelines to be adopted by the board ' ' . • . . • : .. ' . '.
procedures in consultation with the Planning Director or designee) 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 30 days from after the date of receipt of a completed application
. . . , : .. • . . - - . • - - -'. . • •• •• ' . The decision of staff will
•
. 1 . I . . . - - , , • , . . •.. . • el; II. . • •
. - - - . . . . • 011 :I • .. . . • . . • , - , - • - - ; , - . : .. . ••
• • 41115 - -
•
•
- - - •
..: . - - . . oily • . . . ,.•- - . - ,• . . . '. . 99. • ••• • Such minor
repairs, alterations and improvements include the following:
(1) Ground level additions to existing structures, not to exceed two (2) stories in height. which are
not substantially visible from the public right-of-way, any waterfront or public parks and whose floor
area is no more than 10%of the floor area of the existing structure or primary lot,whichever is less,
with a maximum total floor area not to exceed 5,000 square feet. provided such ground level
additions do not require the demolition or alteration of architecturally significant portions of a
building or structure.
(2) Replacement of windows. doors, storefront frames and windows, or the approval of awnings,
canopies. exterior surface colors, storm shutters and signs.
(3) Facade and building restorations, recommended by staff, which are consistent with historic
documentation,provided the degree of demolition proposed is not substantial or significant and does
not require the demolition or alteration of architecturally significant portions of a building or
structure.
(4) Minor demolition and alterations to address accessibility, life safety. mechanical and other
applicable code requirements. provided the degree of demolition proposed is not substantial or
significant and does not require the demolition or alteration of architecturally significant portions
of a building or structure.
18
(5)Minor demolition and alterations to rear and secondary facades to accommodate utilities,refuse
disposal and storage,provided the degree of demolition proposed is not substantial or significant and
does not require the demolition or alteration of architecturally significant portions of a building or
structure.
(f)(e) The applicant,the owner(s)of the subject property,Miami Design Preservation League,Dade
Heritage Trust or an aggrieved party may appeal any decision of the staff regarding subsection118-
563(d)(1) and subsection118-563(d)(3), to the historic preservation boarder by filing a
notice of appeal with the planning director . '_ . ' . ' . •: '. •'•• •. within+five (5)
business calendar days of the date of posting of the staff decision. : PO •
No permit shall be issued for work prior to expiration of the appeal period or final disposition of any
appeal; . - : . . . : .. . •. - . . . - .. • ' I. _ ..
• : . . . . , • • . - . ' I .': •. For purposes of this subsection, any individual or
group referred to in subsection 118-503(a) shall be considered an aggrieved party. All appeals shall
be considered by the Historic Preservation Board at the next available meeting date, pursuant to all
application and notice requirements. The party filing the appeal shall be responsible for providing and
effectuating all noticing requirements, subject to Planning Department procedures, as well as the
duplication of all pertinent plans and exhibits.
(g)(f The approval of a certificate of appropriateness, shall not excuse the applicant from
responsibility to comply with all other 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 subsection 118-503(b).
(g) The Historic Preservation Board may at its sole discretion, on an individual, case-by-case
basis, allow a two (2) step process for approval of a Certificate of Appropriateness. The two(2) step
process shall consist of, first, a binding, preliminary concept approval on the issues of urbanism,
massing and siting: and second, approval of the project's design details (style,fenestration,materials,
etc.). This two (2) step process shall be subject to the following:
(1) The Historic Preservation Board shall havc the sole discretion,on an individual, case-by-case
basis. to decide which development projects may qualify for this two (2) step approval process for
a Certificate of Appropriateness.
(2) In the event the Historic Preservation Board should authorize the two (2) step approval
process, the applicant shall have a maximum of 120 days from the date of preliminary concept
approval on the issues of urbanism, massing and siting, to return to the Board with fully developed
design drawings and substantial details(style,fenestration,materials. etc.) for final approval,or the
entire application shall become null and void. The applicant shall have six months from the date of
preliminary concept approval on the issues of urbanism,massing and siting,to obtain final approval
for the remainder of the project or the entire application shall become null and void. The board, at
its sole discretion, may extend the time period to obtain final approval for the remainder of the
project up to a maximum of one year from the date of the original submission of the application.
(h) In the event the applicant seeks a preliminary evaluation of a project from the board for
information and guidance purposes only.an application for preliminary evaluation shall be required.
The planning director, or designee, shall determine the supplemental documents and exhibits
necessary and appropriate to complete an application for a preliminary evaluation: the required
supplemental documents and exhibits shall serve to describe and illustrate the project proposed in
19
the application in a manner sufficient to enable the board to provide general comments, feedback,
information and guidance with respect to the application. Preliminary evaluations by the board shall
be for informational purposes only; a preliminary evaluation by the board shall not constitute a
binding approval,nor shall any comments, feedback, information or guidance provided by the board
be binding upon the board during subsequent review of the preliminary application or a related final
application. The board may provide general comment, feedback, information and guidance during
the initial hearing on the application for preliminary evaluations. and may continue discussion on
a preliminary evaluation to subsequent meetings in order for the applicant to further address any
specific concerns raised by the board or staff, or may elect to terminate the preliminary evaluation
process after providing general comments. All preliminary evaluations shall be subject to the
noticing requirements provided in section 118-563(c). Preliminary evaluation applications shall not
constitute a certificate of appropriateness approval,and therefore an applicant acquires no equitable
estoppel rights or protections of any kind, type or nature based upon the filing of the preliminary
evaluation application. The board will not issue an order either approving or denying a project or
take any formal action on preliminary evaluation applications. Preliminary evaluations shall not
entitle applicants to any of the benefits accorded to applicants who have received certificate of
appropriateness approval, inclusive of appeals or rehearings. Except as used in this section. the use
of the phrase "application"throughout this article refers to a completed application for approval and
not to a preliminary evaluation application. An applicant may withdraw an application for a
preliminary evaluation at any time,provided however,that no fee shall be refunded in the event the
withdrawal is made after the giving of notice.
Notwithstanding any other provisions of this Chapter. certificates of appropriateness for
demolition for any building. structure,improvement,or landscape feature on a historic site or located
within a historic district and located on City-owned property or rights-of-way, the actions of the
Historic Preservation Board shall be advisory with the right of approval or disapproval vested with
the City Commission.
Sec. 118-564. Decisions on certificates of appropriateness.
(a) A decision on an application for a certificate of appropriateness shall be based upon 1;he
following:
(1) eEvaluation 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 from time to time; and
(2)b. Other guidelines/policies/plans adopted or approved by resolution or ordinance by the city
commission.
(b)(2) In determining whether a particular application is compatible with surrounding properties the
historic preservation board shall consider the following:
(-1-)a. Exterior architectural features.
(2)b. General design, scale, massing and arrangement.
(3)c. Texture and material and color.
(4)d. The relationship of subsections 118-564(b)(1), (2) and(3), to other structures and features
of the district.
20
(5)e. The purpose for which the district was created.
(6)f. The relationship of the size, design and siting of any new or reconstructed structure to the
landscape of the district.
g, An historic resources report, containing all available data and historic documentation
regarding the building, site or feature.
h. The original architectural design or any subsequent modifications that have acquired
significance.
(3) The examination of architectural drawings for consistency with the criteria stated below, with
regard to the aesthetics,appearances,safety.and function of any new or existing structure,public interior
space and physical attributes of the project in relation to the site, adjacent structures and properties, and
surrounding community. The historic preservation board and planning department shall review plans
based upon the below stated criteria and recommendations of the planning department may include,but
not be limited to, comments from the building department. The criteria referenced above are as follows:
a. The location of all existing and proposed buildings,drives,parking spaces.walkways,means of
ingress and egress, drainage facilities, utility services, landscaping structures, signs, and lighting and
screening devices.
b. The dimensions of all buildings, structures, setbacks,parking spaces. floor area ratio, height. lot
coverage and any other information that may be reasonably necessary to determine compliance with the
requirements of the underlying zoning district, and any applicable overlays, for a particular application
or project.
c. The color,design,surface finishes and selection of landscape materials and architectural elements
of the exterior of all buildings and structures and primary public interior areas for developments requiring
a building permit in areas of the city identified in section 118-503.
d. The proposed structure,and/or additions to an existing structure is appropriate to and compatible
with the environment and adjacent structures,and enhances the appearance of the surrounding properties,
or the purposes for which the district was created.
e. The design and layout of the proposed site plan, as well as all new and existing buildings and
public interior spaces shall be reviewed so as to provide an efficient arrangement of land uses. Particular
attention shall be given to safety. crime prevention and fire protection, relationship to the surrounding
neighborhood, impact on preserving historic character of the neighborhood and district, contiguous and
adjacent buildings and lands, pedestrian sight lines and view corridors.
f. Pedestrian and vehicular traffic movement within and adjacent to the site shall be reviewed to
ensure that clearly defined, segregated pedestrian access to the site and all buildings is provided for and
that any driveways and parking spaces are usable, safely and conveniently arranged and have a minimal
impact on pedestrian circulation throughout the site. Access to the site from adjacent roads shall be
designed so as to interfere as little as possible with vehicular traffic flow on these roads and pedestrian
movement onto and within the site, as well as permit both pedestrians and vehicles a safe ingress and
egress to the site.
Lighting shall be reviewed to ensure safe movement of persons and vehicles and reflection on
public property for security purposes and to minimize glare and reflection on adjacent properties and
consistent with a City master plan, where applicable.
h. Landscape and paving materials shall be reviewed to ensure an adequate relationship with and
enhancement of the overall site plan design.
Buffering materials shall be reviewed to ensure that headlights of vehicles,noise, and light from
Structures are adequately shielded from public view, adjacent properties and pedestrian areas.
21
j, Any proposed new structure shall have an orientation and massing which is sensitive to and
compatible with the building site and surrounding area and which creates or maintains important view
corridor(s).
k. All buildings shall have, to the greatest extent possible. space in that part of the ground floor
fronting a sidewalk.street or streets which is to be occupied for residential or commercial uses: likewise,
the upper floors of the pedestal portion of the proposed building fronting a sidewalk street.or streets shall
have residential or commercial spaces,or shall have the appearance of being a residential or commercial
space or shall have an architectural treatment which shall buffer the appearance of a parking structure
from the surrounding area and is integrated with the overall appearance of the project.
1_ All buildings shall have an appropriate and fully integrated rooftop architectural treatment which
substantially screens all mechanical equipment. stairs and elevator towers.
m. Any addition on a building site shall be designed,sited and massed in a manner which is sensitive
to and compatible with the existing improvement(s).
n. All portions of a project fronting a street or sidewalk shall incorporate an amount of transparency
at the first level necessary to achieve pedestrian compatibility.
o. The location,design,screening and buffering of all required service bays,delivery bays.trash and
refuse receptacles, as well as trash rooms shall be arranged so as to have a minimal impact on adjacent
properties.
(f) Certificate of appropriateness for demolition.
(1) 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 . • . ' • •' .' :, • • • • • , • • • • • • ' , • 11 .
' '
• . - , . . .' .' _ . , ;
interior or site individually designated in accordance with Sections 118-591. 118-592 and 118-593,
or located within an historic district • . ' - , ..' •' : •, • • : • . • ,
•• : ' . •' , the city's building official shall send notice of the request to the historic
preservation board. The matter shall be placed on the agenda of the next board meeting, or on the
agenda of an emergency meeting of the board. However, action or inaction by the board shall not
delay action of the building official.
(3) No permit for voluntary 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 : ' . ' . •• •• • • ' • , • • '
• . . • , ..' .' : . - . . . ••' ' - . ' .' • shall be issued to the owner
thereof until an application for a certificate of appropriateness for demolition has been submitted and
approved pursuant to the procedures in these land development regulations. In determining whether
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 . • . ' ..• .• •- , ' - . . -, •- . ' • . . • - , ' . . • . • . ,
. . . . . . . . . . . . . .
• . . • 9111 • - ' '. . . • . ' . . '.. ' ' 9. : should be demolished the
historic preservation board shall be guided by the criteria contained in subsection 118-564(0(4).
After a demolition denial, or during a demolition delay period, the historic preservation board may
take such steps as it deems necessary to preserve the structure concerned in accordance with the
purposes and procedures of these land development regulations. Such steps may include, but shall
• not be limited to, consultation with civil groups, public agencies and interested citizens,
recommendations for acquisition of property by public or private bodies or agencies,and exploration
of the possibility of moving one or more structure or other feature.
(4) Evaluation criteria. The historic preservation board shall consider the following criteria in
evaluating applications for a certificate of appropriateness for demolition of historic buildings,
historic structures,historic improvements or historic sites,historic landscape features and all public
interior spaces, structures and buildings located in a historic district or architecturally significant
feature of a public area of the interior of a historic or contributing building.
(6) A building permit shall not be issued for the 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 a histurie-building,
• , •- - . - . -, • , ' • , . - - , •- , • - . .- - : .- . . , •- . , . . . • 119' •'
. • . ••' ' • • • •' • until a full building permit for the new construction has
been issued. For non-contributing structures located in one of the City's historic districts, this
requirement may be waived or another permit substituted at the sole discretion of the historic
preservation board.
* * *
23
(8) No building permit shall be issued by the building official which affects 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
- V� � �, - - - � � , 1 - WV • , ; , ; , - - ; . , , - - -,
'. • V • . - . '.. " : . .' .' : without a certificate of appropriateness.
(10) For the purpose of remedying emergency conditions determined to be dangerous to life,
health or property,nothing contained herein shall prevent the making of any temporary construction,
reconstruction or other repairs to a building or site pursuant to an order of a government agency or
a court of competent jurisdiction.Provided,however,that in the event of 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 a
. . . . . . . . . . . . . .
or historic or cotitiibuting building in a histuliu dibtiia, an emergency meeting of the historic
preservation board shall first be convened as set forth in subsection 118-503(b)(2). The owner of a
building damaged by fire or natural calamity shall be permitted to stabilize the building immediately
without historic preservation board approval,and to rehabilitate at a later date under the procedures
as set forth in these land development regulations.
(11)The Applicant shall have up to one (1) year from the date of the board meeting at which a
Certificate of Appropriateness for Demolition was granted to obtain a full building permit or a
phased development permit The foregoingone(1)year time period includes the time period during
which an appeal of the decision of the historic preservation board may be filed. If the Applicant fails
to obtain a full building permit or a phased development permit within one (1) year of the board
meeting date at which a Certificate of Appropriateness for Demolition was granted and/or
construction does not commence and proceed in accordance with said permit and the requirements
of the South Florida Building Code, the Certificate of Appropriateness for Demolition shall be
deemed null and void. Extensions for good cause, not to exceed a total of one (1) year for all
extensions, may be granted by the historic preservation board, at its sole discretion, provided the
applicant submits a request in writing to the planning department in advance of the expiration of
such approval, setting forth good cause for such an extension. In the event a proposed code
amendment renders a project with a Certificate of Appropriateness for Demolition non-conforming.,
as more specifically set forth in sections 118-168 and 118-169 of this code, then such project shall
not be eligible to receive any extension of time granted by the historic preservation board.
Notwithstanding the foregoing, in the event the decision of the historic preservation board with
respect to a Certificate of Appropriateness for Demolition is timely appealed.the applicant shall have
one(1)year from the date of final resolution of all administrative and/or court proceedings to obtain
a Full Building Permit.
Sec. 118-565. Special review procedure.
For minor exterior structural repairs. alterations and improvements work, associated with
24
single-family homes located within designated historic districts,that are is visible from a public way,
or work which that affects the exterior of the building which is associated with rehabilitations and
additions to existing buildings, the ' . ' . •. '• . • . •_ • *: planning director, or
designee . .. .. ' . " . •• . .• . . . - •- , . '. me. ., shall
have the authority to approve,approve with conditions or deny an application on behalf of the board.
The director's decision shall be based upon the criteria listed in this article.Any appeal of the historic
. '. . . . .: . ': ." . decision of the planning director shall be considered by the
board at the next available regular meeting date.
SECTION 5. That Chapter 118, Article X, Division 4, entitled "Designation" of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Sec. 118-591. Historic designation procedure.
(a) Requests for designation.
(2) Proposals for designation shall include a completed application form available from the
planning, design and-historic preset\ration division. department.
* * *
(b) Preliminary review. Upon receipt of a completed application and fees, if applicable, the
planning, &sign and historic pres-cry-ation division. department shall prepare an evaluation and
recommendation for consideration by the board,After considering the division's recommendation,
a majority vote of the board shall be necessary to direct the division department to prepare a
designation report.
* * *
(d) Public hearing;notification. A public hearing on a proposed historic preservation designation
shall be conducted by the historic preservation board within 45 days from after the date a designation
report has been filed. The property owners of record within 375 feet of the property proposed for
designation shall be notified by mail of the public hearing at least 15 days in advance of the hearing.
This notification requirement shall be the responsibility of the applicant. ,
* * *
Section 118-593. Historic preservation designation.
25
(d) Requests for demolition permits. If, following a vote of the historic preservation board to
instruct staff to prepare a request for the designation of an individual historic site or district and an
evaluation and recommendation in accordance with Section 118-591 - -: - :: •: . -
•• ': . : '9 . • - 9 9 0 : : - WOO .- - ; ' ., a permit is sought for demolition
affecting any property within a proposed designation area or site,that permit shall not be issued for
a period of up to, but not more than, six months or until one of the following occurs:
(1) The proposed historic preservation designation is approved by the city commission and a
certificate of appropriateness is awarded by the board pursuant to division 3 of this article;
(2) The proposed historic preservation designation is denied by the city commission; or
(3) 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 division 3 of this article.
* * *
(g) Moraterritmr an Application of equitable estoppel to permits other than demolition.
. VIP.- , , - - • •, , • • ; ;=- - ; . • •9 • . 99 - - - -
Furth the proposed-designation and-establishing a moratorium during which any city
- . ; • - - .9: : : : .: - - •- I , •I• I : : • : : 9 I : •: : .- .
•- ..,. : ' •, .- - . - : '9 , _ : .' ' : 9 : 9 . • • : ::' -: ': 9
- . - . - 9 •- - . :.:- : : : - - _ ; •9 , .. •- ": . I . 9 : .9. : • -
• • - 9 999 , , - -•• ; : - - •
(2) Any administrative orda issued pursuant to thc above shall be complied with by all
city employer board and-departments and sl effettivc until the proposed
favorable recommendation by thc historic preservation board, such administrative
: I - - ; .- , - - 9 9' : : : : . .. : . . - - - -t.
shall affect any project wlniclr-has a validly i-s-s ►cd building permit,valiance approval,
yr&-sigh review approval.
(4) Notwithstanding subsections (g)(1)(2) and(3)of this-section, the owner of property
.9: : : • •• . . • : : • ': : - . 9. • : . ' _ .- •99111
9 : 9 •1 • Ile. ; • • : : 99 .. •: , - ; • •9 , -
board.
Historic preservation designations shall be enforced against all applications and/or
requests for project approval upon the earlier of the favorable recommendation by the
historic preservation board or the applicable effective date of the proposed historic
26
designation as more particularly provided herein. After submission of a completed
application for a project approval, to the extent a proposed historic designation
would,upon adoption,render the application or project nonconforming or subject the
application or project to additional review procedures, then the procedures set forth
in Section 118-168(a) of the City Code shall apply with the following exceptions:
a. All references to recommendations by the Planning Board in Section 118-
168(a) shall be interpreted as meaning recommendations by the Historic
Preservation Board: and
b. All references to adoption by the City Commission within a ninety (90) day
period shall be interpreted to provide for adoption by the City Commission
within a one hundred and twenty (120) day period.
SECTION 6. That Appendix"A", entitled"Fee Schedule", of the Land Development Regulations
of the Code of the City of Miami Beach, Florida is hereby amended as follows:
FEE SCHEDULE
This appendix includes all fees and charges established by the city commission that are referred to
in the indicated sections of the Code of Ordinances:
Section Description Amount
this Code
Article X Historic Preservation
Division 2. Historic Preservation Board and De.,ign
Review Boa?d Jviiit Review of Projects
118-537(b)(1) Appeal of a board decision to the special master requires a fee of the lesser
of: (i) $500.00, or(ii) one-half of the original application fee.
118-537(a)(1) A request pertaining to the rehearing of a project requires a fee of one-half
the original fee.
Division 3. Issuance of Certificate of Appropriateness/Certificate
to Dig/Certificate.of Appropriateness for Demolition
118-564(f)(7)a Projects requiring historic preservation board approval, base
fee 700.00
Projects requiring historic preservation board approval, per
square foot of floor area 0.0075
Major revisions to plans previously approved by the historic
preservation board, base fee (plus one-half the original fee for
plans which were approved by the board) 150.00
Application for preliminary evaluation of a project 250.00
Appeal of a staff decision to the historic preservation board 250.00
27
Deferment or clarification hearing request 400.00
Application pertaining to extensions of time 400.00
Application requiring staff review for minor alterations and
minor additions including storefront replacement and storefront
reconfiguration 100.00
Application pertaining only to signs, awnings and window
replacements 50.00
Staff level application pertaining only to paint 20.00
SECTION 7. INCLUSION N 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 8. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 9. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 26th day of July , 2000.
AYOR
AT EST:
C TY CLERK
=new language
Strikcout= deleted language
F:\PLAN\$ALL\DRAFT OR\18-GEN2.HPB
27 July 2000
1st reading 7/12/00
2nd reading 7/26/00
APPROVED AS TO
FORM& LANGUAGE
& FOR EXECUTION
A,iLt.7.4 fliza2
city Date
28
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.mom-beach.fl.us
COMMISSION MEMORANDUM NO. (t)(J-CO •
TO: Mayor Neisen O.Kasdin and DATE:July 26,2000
Members of the City Commission
FROM Lawrence A. LevA . 0
City Man ger Second Reading Public Hearing
SUBJECT: Ordinan e-Comprehensive Modifications to the Historic Preservation Board
and Historic Preservation Sections of the Code
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 II, Division 4, Entitled
"Historic Preservation Board" by Amending Section 118-101 to Clarify the
Authority of the Board,by Amending Section 118-102 to Expand and Clarify
the Role of the Board, by Amending Section 118-103 to Modify the
Membership Requirements of the Board, by Amending Section 118-106 to
Modify the Quorum Requirements of the Board,by Amending Section 118-107
to Clarify the Meeting Requirements of the Board,by Amending Section 118-
108 to Clarify the Organization of the Board, by Amending Chapter 118,
Article X,Division 1, Entitled "Historic Preservation" by Amending Section
118-503 to Clarify, Expand and Enhance the Scope and Exemptions of the
Board, by Amending Chapter 118, Article X, Division 2, Entitled "Historic
Preservation Board and Design Review Board Joint Review of Projects" by
Amending Section 118-531 to Clarify the Procedures of the Historic
Preservation Board and Eliminate the Joint Design Review/Historic
Preservation Board, by Amending Section 118-532 to Clarify the Role of the
Historic Preservation Board, to Establish Time Periods for Obtaining a Full
Building Permit for Certificates of Appropriateness and to Clarify the
Procedures for the Maintenance of Designated Properties, by Amending
Section 118-533 to Clarify the Procedures, by Amending Section 118-534 to
Clarify Procedures Pertaining to the Historic Properties Database, by
Amending Section 118-535 to Delete the Procedures Pertaining to the City
Center/Historic Convention Village Redevelopment and Revitalization Area,
by Amending Section 118-536 to Clarify Variances Prohibited, by Amending
Section 118-537 to Amend, Clarify and Expand the Requirements and
Procedures for Rehearings and Appeals, by Amending Chapter 118,Article
X,Division 3,Entitled "Issuance of Certificate of Appropriateness/Certificate
to Dig/Certificate of Appropriateness for Demolition" by Amending Section
118-561 to Amend and Clarify the General Requirements, by Amending
AGENDA ITEM 125f
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Commission Memorandum
July 26, 2000
Ordinance- Comprehensive Modifications to the Historic Preservation Sections of the Code
Page 2
Section 118 - 562 to Expand and Clarify the Application Requirements for
Certificates of Appropriateness for Demolition, by Amending Section 118-563
to Clarify, Modify and Expand the Review and Appeal Procedures for
Certificates of Appropriateness,Eliminating the Requirement That the Historic
Preservation Board Take Action Within a Specified Period of Time,to Establish
a Two-Step Review Procedure and a Preliminary Evaluation Procedure, by
Amending Section 118-564 to Expand and Modify the Review Criteria for
Certificates of Appropriateness, to Amend the Procedures for Obtaining a
Demolition Permit and to Establish Time Periods for Obtaining a Full Building
Permit for Certificates of Appropriateness for Demolition,by Modifying Section
118-565 to Clarify Special Review Procedures, by Amending Chapter 118,
Article X, Division 4, Entitled "Designation" by Amending Section 118-591 to
Modify the Designation Procedures,by Amending Section 118-593 to Amend the
Time Frames for Obtaining a Demolition Permit Pursuant to Historic
Designation and to Modify and Expand the Procedures for the Application of
Equitable Estoppel, by Amending Appendix "A", Entitled "Fee Schedule" to
Address the Proposed Amendments to the Historic Preservation Section of the
Code; 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 for
comprehensive modifications to the Historic Preservation Board and Historic Preservation sections
of the Code was endorsed and referred to the Planning Board by the Historic Preservation Board on
May 9, 2000. On June 26,2000 a Joint Workshop between the Members of the Planning Board and
Historic Preservation was held and the revisions to the Ordinance agreed to by both Boards at this
Joint Workshop received a favorable recommendation from the Planning Board on June 27, 2000.
On July 12, 2000,the City Commission approved the proposed Ordinance on first reading, at which
time the following floor amendments (in bold) were proposed, and which have been incorporated
into a revised Ordinance:
Section 118-103. Membership
(1) A representative from the Miami Design Preservation League(MDPL), selected from three
names nominated by such organization.
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Commission Memorandum
July 26, 2000
Ordinance- Comprehensive Modifications to the Historic Preservation Sections of the Code
Page 3
(2) A representative from Dade Heritage Trust(DHT). selected from three names nominated
by such organization.
(3) One at-large member who owns or manages properties located in one of the City's historic
districts, and who has demonstrated interest and knowledge in urban design and the
preservation of historic buildings.
Additionally, the Commission also addressed the revised make-up of the Board; based upon the
direction of the City Attorney, the Commission decided to "reshuffle"the existing members of the
Historic Preservation Board,to fit within the proposed new membership categories. The following
is the proposed reorganization of the membership categories:
1. A representative nominated by MDPL.
Current Member: Victor Diaz
Proposed Member: Victor Diaz
2. A representative nominated by Dade Heritage Trust(DHT).
Current Member: Herb Sosa
Proposed Member: Herb Sosa
3. At-large member who owns or manages properties in a City historic district.
Current Member: Vacant
Proposed Member: Hope Fuller
4. At-large member who resides in a City historic district.
Current Member: William Taylor
Proposed Member: Marilys Nepomechie
5. A registered architect with practical experience in historic structures.
Current Member: Vacant
Proposed Member: William Taylor
6. A registered landscape architect,professional designer or professional urban planner; or an
attorney at law or a licensed engineer.
Current Member: Jose Toledo (Engineer)
Proposed Member: Jose Toledo (Engineer)
7. A member of the faculty of a school of architecture in the State of Florida, with academic
expertise in design/historic preservation or the history of architecture.
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Commission Memorandum
July 26, 2000
Ordinance - Comprehensive Modifications to the Historic Preservation Sections of the Code •
Page 4
Current Member: Marilys Nepomechie
Proposed Member: Raul Garcia
The amount of time each individual Board member has left to serve will remain the same.
Recently,the Business Resolution Task Force put together a series of recommendations to streamline
the development review process in the City, one of which was to consolidate the review of projects
in the City's designated historic districts. Currently, all development projects within historic districts
must go before the Joint Design Review/Historic Preservation Board; if there is any demolition
involved, the project must also go before the Historic Preservation Board.
The amendments herein eliminate the Joint Board and consolidate all development review authority
within historic districts,inclusive of demolition,new construction,renovations,additions,alterations
and designations,under a single Historic Preservation Board. In addition to this significant change,
a number of minor text and more substantive modifications are also proposed. In light of the size
and magnitude of the proposed amending ordinance,the Administration has broken down the various
components of the proposed Ordinance, as indicated hereto:
Clean-up and Text Changes:
The following"clean-up"and minor"text"changes appear throughout the proposed Ordinance and
are in no particular order:
1. The term "Planning, Design and Historic Preservation Division" has been changed to
"Planning Department"to be consistent`with the reorganization of the Planning Department.
2. The terms "Urban Design and Historic Preservation Director", "Planning, Design and
Historic Preservation Division"and"Historic Preservation Coordinator"have been changed
to"Planning Director"to be consistent with the reorganization of the Planning Department.
3. All references to historic building,historic structure,historic site,historic landscape feature,
or building or structure located within a historic district or architecturally significant feature
of a public area of a historic or contributing building have been replaced, uniformly
throughout the Code, with"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". This modification was included in order to
provide better consistency throughout the code.
4. The term"significant architectural features of public areas of interiors" has been modified,
eliminating the words "significant architectural features", thus now allowing all portions of
public areas of interiors to come under the scope of review of the historic preservation
ordinance.
5. All references to the "Joint Design Review/Historic Preservation Board" have been
T:\AGENDA\2000UUL2600\REGULAR\1461 CMM2.W PD 4
Commission Memorandum
July 26, 2000
Ordinance- Comprehensive Modifications to the Historic Preservation Sections of the Code
Page 5
eliminated, due to the consolidation of the review authority of the Historic Preservation
Board.
Substantive Changes:
The following is a summary, by section, of the more substantive modifications in the proposed
Ordinance:
Section 118-102. Powers and Duties
1. Language added to give the Historic Preservation Board full authority to review and approve
all applications for new construction, rehabilitations, alterations, additions, as well as to
review all amendments to the historic preservation section of the code.
Section 118-103. Membership
In order to address the new design role of the historic preservation board,the membership categories
have been altered to provide more design expertise. Also, the number of board members has been
reduced from nine to seven, in order to make the review of projects more manageable and efficient.
The membership categories proposed to be eliminated are the architectural historian, and the licensed
real estate broker or salesperson or a person holding an executive position in a city lending
institution. The membership categories to remain have been adjusted to allow for more urban design
expertise on the board, without compromising its important role of preserving the unique historic
environment of the city. The new make-up of the board is as follows:
(1) A representative nominated by the Miami Design Preservation League (MDPL), selected
from three names nominated by such organization.
(2) A representative nominated by Dade Heritage Trust (DHT), selected from three names
nominated by such organization.
(3) One at-large member who owns or manages properties located in one of the City's historic
districts and who has demonstrated interest and knowledge in urban design and the
preservation of historic buildings.
(4) One at-large member who resides in one of the City's historic districts and who has
demonstrated interest and knowledge in urban design and the preservation of historic
buildings.
(5) An architect registered in the State of Florida with practical experience in the rehabilitation
of historic structures.
(6) A registered landscape architect, professional designer or professional urban planner with
practical experience in the rehabilitation of historic structures; or an attorney at law or a
licensed engineer who has professional experience and demonstrated interest in historic
preservation.
(7) A member of the faculty of a school of architecture in the State of Florida, with academic
T:\AGENDA\2000\JUL2600\REGULAR\1461 CMM2.WPD 5
Commission Memorandum
July 26, 2000
Ordinance- Comprehensive Modifications to the Historic Preservation Sections of the Code
Page 6
expertise in the field of design and historic preservation or the history of architecture, with •
a preference for for an individual with practical experience in architecture and the
preservation of historic structures.
Section 118-104. Appointment
The appointment procedures have been modified; currently the City Manager appoints the members
of the Historic Preservation Board, with the consent of the City Commission. Under the proposed
Ordinance,the City Commission would appoint the members of the Historic Preservation Board. The
organizations for which names of potentials members may be solicited from has also been modified,
eliminating the Miami Beach Board of Realtors, since there is longer a real estate broker on the
Board.
Section 118-106. Quorum
The quorum for board meetings has been reduced from five to four members and quorum for
designation and certificates of appropriateness for demolition have been reduced from six to five
members, commensurate with the reduction in the total number of board members.
Section 118-108. Organization
Currently, the chair and vice-chair of the board serve for a period of two years; these positions are
now proposed to be elected annually.
Section 118-503. Scope and exemptions
The internal structural system of buildings has now been included within the scope of Board review
and the exemptions have been clarified so that only those permits involving work which is not
visible from the public right-of-way are exempted.
Section 118-531. Review requests for public improvements
Previously, this section of the code delineated the make-up and authority of the Joint Design
Review/Historic Preservation Board; the Joint Board has now been eliminated, and the Historic
Preservation Board will assume the role and authority previously held by the Joint Board. This
section of the code has now been replaced with a section governing the review of public
improvement projects.
Section 118-532. Proceedings before the historic preservation board
118-532(c): The procedures for withdrawing an application have been modified so that any
withdrawal before board consideration would be without prejudice and any
withdrawal after board consideration would be with prejudice, unless the board
permits a withdrawal without prejudice.
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Commission Memorandum
July 26, 2000
Ordinance - Comprehensive Modifications to the Historic Preservation Sections of the Code
Page 7
118-532(d): Minor text changes regarding the recordation and conditions of Historic Preservation
Board Final Orders.
118-532(e)(f): New sub-sections which create procedures for deferrals and continuances, including
a one (1) year limit on continuances for an individual project. A one (1) year Time
frame to obtain a building permit for certificates of appropriateness has also been
established, which one (1) year time frame will run from the date of the hearing at
which the project was approved. These procedures are consistent with the proposed
amendments to the building permit requirements of the Design Review Board,
Planning Board and Board of Adjustment.
Section 118-533. Unauthorized alterations
New language has been added to clarify that any unauthorized alterations shall be required to make
application for an"after-the-fact"certificate of appropriateness;the Historic Preservation Board shall
have full discretion as to whether the unauthorized alteration must be removed or the property
returned to its original condition.
Section 118-534. Historic properties database
New language has been added to provide that a building not listed, or listed as "non-contributing",
on the historic properties database shall not preclude its classification or review pursuant to the
certificate of appropriateness process.
Section 118-535. Reserved
Formerly the "City center/historic convention village redevelopment and revitalization area", this
section of the code has been deleted due to the fact the its provisions were only applicable until
December 31, 1998.
Section 118-537. Rehearings and appeals
118-537(a)(4): New language has been added which clarifies that the notices requirements
of an appeal are the responsibility of the party filing the petition.
118-537(b)(1): New language clarifying that appeals to the Historic Preservation Special
Master are to be filed with the City Clerk and codifying the requirement of
full verbatim transcripts.
Section 118-562. Application
118-562(b): New language addressing the requirements of an Historic Resources Report and
Structural Evaluation and Corrective Action Report as part of the application
requirements. New language has also been inserted relative to certain guarantees
required by property owners prior to corrective action work taking place on a
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Commission Memorandum
July 26, 2000
Ordinance - Comprehensive Modifications to the Historic Preservation Sections of the Code
Page 8
property.
Section 118-563. Review procedure
118-563(a-c): The scope of applications required for review for certificates of appropriateness has
been expanded and clarified. The time frames for placing applications on agendas
and reaching decisions have been eliminated so as to prevent challenges based upon
alleged inaction by the board in the event of unforseen circumstances such as lack of
quorum. The posting requirements have been eliminated due to their impracticality
and drain on staff time.
118-563(d): New language clarifying minor improvements and expanding the role of staff relative
to administrative level approvals has been provided; specifically, the following
projects may be reviewed at the administrative level:
(1) Ground level additions to existing structures, not to exceed two (2) stories in
height, which are not substantially visible from the public right-of-way, any
waterfront or public parks and whose floor area is no more than 10% of the floor
area of the existing structure or primary lot, whichever is less, with a maximum total
floor area not to exceed 5,000 square feet, provided such ground level additions do
not require the demolition or alteration of architecturally significant portions of a
building or structure.
(2)Replacement of windows, doors, storefront frames and windows, or the approval
of awnings, canopies, exterior surface colors, storm shutters and signs.
(3) Facade and building restorations, recommended by staff which are consistent
with historic documentation, provided the degree of demolition proposed is not
substantial or significant and does not require the demolition or alteration of
architecturally significant portions of a building or structure.
(4)Minor demolition and alterations to address accessibility, life safety, mechanical
and other applicable code requirements,provided the degree of demolition proposed
is not substantial or significant and does not require the demolition or alteration of
architecturally significant portions of a building or structure.
(5)Minor demolition and alterations to rear and secondary facades to accommodate
utilities, refuse disposal and storage,provided the degree of demolition proposed is
not substantial or significant and does not require the demolition or alteration of
architecturally significant portions of a building or structure.
Additionally, time frames for staff to reach decisions regarding minor applications
have been eliminated so as to prevent challenges based upon alleged inaction by staff,
in the event the applicant does not submit required exhibits or there is a problem with
staffing.
118-563(e): In order to streamline the building permit review process for smaller projects, new
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Commission Memorandum
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Ordinance - Comprehensive Modifications to the Historic Preservation Sections of the Code
Page 9
and modified language has been added regarding appeals of staff decisions.
Specifically,third party appeals of staff decisions have now been limited to items (1)
and(3)above. These are the major types of administrative level projects which have
the greatest potential impact; all other administrative level projects are much smaller
in scope and less likely to be a cause of concern among the preservation community.
Additionally,the party filing the appeal being responsible for noticing requirements
and the duplication of all plans.
118-563(g): Establishment of a two (2) step review procedure consisting of, first, a binding,
preliminary concept approval on the issues of urbanism, massing and siting; and
second, approval of the project's design details (style, fenestration, materials, etc.)
being subsequently considered by the Board.
118-563(h): The introduction of a preliminary evaluation procedure, consistent with that of the
Design Review Board.
Section 118-564. Decisions on certificates of appropriateness
118-564(a): The existing certificate of appropriateness criteria has been expanded to
include review of an historic resources report and any original architectural
data available for the property. Additionally, urban design criteria has been
added to assist the Historic Preservation Board in reviewing new construction
projects, additions, rehabilitations and alterations; this criteria is consistent
with the criteria used by the Design Review Board and addresses site
planning, circulation, context, landscape and exterior architectural design
issues.
118-564(0(6): New language has been added which now gives the Historic Preservation
Board the authority to either waive the requirement that a full building permit
for a project be obtained before a demolition permit can be issued for non-
contributing structures located in one of the City's historic districts, or to
allow another permit to be substituted, at the sole discretion of the Historic
Preservation Board.
118-564(0(11): New language has been added establishing a one(1)year time frame to obtain
a demolition permit for a certificate of appropriateness for demolition,which
one (1) year time frame will run from the date of the meeting at which a
Certificate of Appropriateness for Demolition was issued.
Section 118-565. Special review procedure
New language clarifying minor improvements for single family homes in historic districts has been
provided.
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Commission Memorandum
July 26, 2000
Ordinance- Comprehensive Modifications to the Historic Preservation Sections of the Code
Page 10
Section 118-591. Historic designation procedure
The 45 day time frame for holding a public hearing after the submission of a designation report has
been eliminated in order to prevent challenges based upon alleged inaction by the board in the event
of unforseen circumstances such as lack of quorum.
Section 118-593. Historic preservation designation
118-593(d): The period for which a demolition permit may be pulled, prior to the designation of
an historic site or district, has been modified. Currently, a property owner can pull
a demolition permit prior to the Historic Preservation Board recommending
designation and instructing staff to prepare a designation report. Before the Historic
Preservation Board can recommend designation and the preparation of a designation
report, it must first instruct staff to prepare an evaluation report, which is then
considered at a subsequent public hearing. In the past, property owners have used
this interim period between the preparation of an evaluation report and the public
hearing to recommend designation, to obtain demolition permits and to demolish
existing significant structures within potential historic sites and districts. The ability
to obtain demolition permits in this manner is contrary to the spirit and legislative
intent of the Historic Preservation section of the code. In order to protect existing
buildings which may be considered for designation in the future, this section of the
code has been modified so that the time frame for a property owner to pull a
demolition permit is now prior to the Historic Preservation Board voting to instruct
staff to prepare an evaluation report, and no longer at the time the evaluation report
is presented to the board. This modification will go a long way in ensuring the
protection of architecturally significant structures in the city,which are currently not
designated.
118-593(d): New language regarding equitable estoppel has been provided.
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 II, entitled
"Historic Preservation Board",and to Chapter 118,Article X, entitled"Historic Preservation"of the
Land Development Regulations of the Code of the City of Miami Beach.
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