ORDINANCE 742-171
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ORDINANCE NO. 742 -17
AN ORDINANCE OF THE MIAMI SHORES VILLAGE
COUNCIL, AMENDING CHAPTER 11 OF THE VILLAGE
CODE, TITLED HISTORIC PRESERVATION,
ESTABLISHING MINIMUM HISTORIC PRESERVATION
STANDARDS THAT MEET THE REQUIREMENTS AS
ESTABLISHED BY MIAMI -DADE COUNTY, PROVIDING
FOR SEVERABILITY, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Miami -Dade County recently adopted revisions to its historic preservation
ordinance and created new minimum standards for historic preservation;
WHEREAS, the County has requested that municipalities with preexisting historic
preservation ordinances and programs should ensure compliance with the County's
minimum standards by December 31, 2017;
WHEREAS, it is in the best interest of the Village to update Village Code, Chapter 11,
Historic Preservation to meet the standards requested by Miami -Dade County;
NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL:
Section 1. That Village Code of Ordinances, Chapter 11, is hereby repealed and
replaced with the Chapter 11 set forth in Exhibit "A ", attached hereto and made a part
thereof.
Section 2. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent
or in conflict with this Ordinance.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall
in no way effect the validity of the remaining portions of this Ordinance, which shall be
deemed to be severable therefrom.
Section 4. Nothing contained herein is intended to invalidate or impair any orders,
rulings, approvals or certificates issued or approved by the Village Historic Preservation
Board prior to adoption of this Ordinance.
Section 5. This Ordinance shall become effective immediately upon adoption on second
reading.
Passed on first reading this 7 ' day of November, 2017.
Passed and adopted on second reading this '21 day of November . 2017.
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2 ATTESTS:
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11 I�AS TO FORM:
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15 Richard Sarafan
16 Village Attorney
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ADOPTION:
Council Member Steven Zelkowitz Auj y
Council Member Jonathan Meltz ✓
Council Member Alice Burch
Vice -Mayor Sean Brady _
Mayor MacAdam Glinn r
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1
2 EXHIBIT A
3
4 Chapter 11 - HISTORIC PRESERVATION
5
6 Sec. 11 -1. - Purpose.
7 The purpose of this chapter is to promote the cultural, educational, economic and
8 general welfare of the public through the preservation and protection of the historic or
9 architecturally worthy buildings, structures, sites and artifacts which impart a distinct
10 aspect to the village, and which serve as visible reminders of the history and cultural
11 heritage of the village.
12 (Code 1971, § 11 % -1)
13 Sec. 11 -2. - Definitions.
14 As used in this chapter the following words, terms and phrases shall have the meaning
15 ascribed to them in this section:
16 Archeological zone means an area designated by this chapter which is likely to
17 yield information on the history and prehistory of Miami Shores on prehistoric
18 settlement patterns in the village as determined by the results of the Dade County
19 historic survey. These zones will tend to conform to natural physiographic features
20 which were the focal points for prehistoric and historic activities.
21 Certificates of appropriateness means a certificate issued by the historic
22 preservation board permitting certain alterations or improvements to a designated
23 property.
24 Certificate of recognition means a certificate issued by the historic preservation
25 board recognizing properties designated pursuant to this chapter.
26 Certificate to dig means a certificate that gives the historic preservation board's
27 permission for certain digging projects that may involve the discovery of as yet
28 unknown or known archeological sites in an archeological zone.
29 Demolition means the complete constructive removal of a building on any site.
30 Districts means a collection of archeological sites, buildings, structures, landscape
31 features or other improvements that are concentrated in the same area and have been
32 designated as a district pursuant to this chapter.
33 Exterior means all outside surfaces of a building or structure-
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I Guidelines for preservation means criteria established by the historic preservation
2 board to be used in determining the validity of applications for a certificate of
3 appropriateness and any certificate to dig and to establish a set of guidelines for the
4 preservation of buildings in the village.
5 Historic preservation board means a board of citizens created by this chapter as
6 described in section 11 -4.
7 Historic survey means a comprehensive survey compiled by the historic
8 preservation division of the Dade County Office of Community and Economic
9 Development involving the identification, research and documentation of buildings,
10 sites and structures of any historical, cultural, archeological or architectural importance
11 in the county.
12 Historic Landmark means
13 A structure that has significant historical, architectural, or cultural meaning and that has
14 been given legal protection from alteration and destruction.
15 Individual site means an archeological site, building, structure, place or other
16 improvement that has been designated as an individual site pursuant to this chapter.
17 Under the provisions of this chapter, interior spaces may be regulated only where a
18 building or structure is a designated individual site.
19 Landscape feature means any improvement or vegetation including but not limited
20 to outbuildings, walls, courtyards, fences, shrubbery, trees, sidewalks, planters,
21 plantings, gates, street furniture and exterior lighting.
22 National Register of Historic Places means a federal listing maintained by the
23 U.S. Department of the Interior of buildings, sites, structures and districts that have
24 attained a quality of significance as determined by the Historic Preservation Act of
25 1966, as amended.
26 Ordinary repairs or maintenance means work done to prevent deterioration of a
27 building or structure or decay of or damage to a building or structure or any part
28 thereof by restoring the building or structure as nearly as practicable to its condition
29 prior to such deterioration, decay or damage.
30 Owner of a designated property means as reflected on the current Metropolitan
31 Dade County tax rolls or the current record title holder.
32 Undue economic hardship means that failure to issue a certificate would place an
33 onerous and excessive financial burden upon the owner that would amount to the
34 taking of the owner's property without just compensation.
35 (Code 1971, § 11 Y2 -2)
36 Cross reference— Definitions and rules of construction generally, § 1 -2,
37 Sec. 11 -3. - Criteria, general guidelines for determining historic significance of
38 structures, sites and objects.
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I The following criteria are hereby adopted as general guidelines by the village; districts,
2 sites, buildings, structures and objects of national, state and local importance are of
3 historic significance if they possess integrity of location, design, setting, materials,
4 workmanship, feeling and association:
5 (1) That are associated with events that have made a significant contribution to
6 the broad patterns of our history;
7 (2) That are associated with the lives of persons significant in history;
8 (3) That embody the distinctive characteristics of a type, period or method of
9 construction, or that represent the work of a master, or that possess high
10 artistic values, or that represent a significant and distinguishable entity whose
11 component may lack individual distinction;
12 (4) That have yielded, or may be likely to yield, information important in history.
13
14 (Code 1971, § 11'h -3)
15 State Law reference— Historic sites and properties, state policy, responsibilities, F.S. §
16 267.061.
17 Sec. 11 -4. - Historic preservation board.
18 (a) Established; composition. The historic preservation board is hereby
19 established and shall consist of five members to be appointed by the council
20 for two -year terms. All members of the board shall be familiar with the
21 purposes of preserving and protecting structures and sites having
22 architectural and historic worth. At least one year of residency in the Village
23 is a minimum qualification for appointment. Each member shall hold office
24 until his successor has been duly appointed except when removed by the
25 village council, and any member may be removed at any time by a majority
26 vote of the village council. Appointments to fill a vacancy shall be for the
27 remainder of the unexpired term. If any member fails to attend two of three
28 successive meetings without cause or notice, the board shall declare the
29 member's office vacant, and the village council shall promptly fill such
30 vacancy for the remainder of the term. Notwithstanding any code provisions
31 to the contrary, board members commencing a non - consecutive term after
32 January 1, 2016 shall serve no more than four consecutive terms. Incumbent
33 board members holding office on January 1, 2016, regardless of their prior
34 length of service, may continue to serve on the board until their then existing
35 term expires and shall be eligible for reappointment by the council. Such
36 reappointment would be deemed the individual's second term with respect to
37 the term limits set forth herein. Board members may serve no more than four
38 consecutive two -year terms. Term limited individuals shall vacate their
39 position for a minimum of one regular term before becoming eligible for
40 reappointment to the same board. A 4/5 vote of the Council may override the
41 stipulated term limit or residency requirement.
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43 (b) Organization; qualifications of members. The members of the historic
44 preservation board shall elect from its membership a chairman, who shall
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I serve for a period of one year. The chairman, upon election, may succeed
2 himself. Each member of the board shall be a resident of the village during
3 the term of his appointment. Appointees to the historic preservation board
4 shall consist of: architects; realtors; historians; lawyers; art historians;
5 engineers; archaeologists; or other individuals from the business, financial,
6 or other segments of the community who, by virtue of their professions,
7 community involvement, or businesses, demonstrate knowledge of or
8 concern for historic preservation. The municipal historic preservation board
9 shall include not less than one architect or architectural historian, one real
10 estate professional or attorney, and one other qualified professional. One
11 member may fill more than one of these requirements. The board shall have
12 the prerogative of selecting nonvoting special advisors to the board.
13 Residency requirements shall not apply to special advisors and architect.
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15 (c) Authority to recommend designations. For the purpose of effecting and
16 furthering the protection, preservation and enhancement of historic
17 landmarks, historic street names, and historic corridors, the board shall have
18 the power to recommend to the village council any of the following: 1) the
19 designation of a structure or site as an historic landmark; 2) the nomination
20 to the State Historic Preservation Office, for inclusion in the National Register
21 of Historic Places, a structure that has previously been designated by the
22 village council an historic landmark; or, 3) the co- designation of a street
23 based upon documented historic precedent.
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25 (d) Jurisdiction. The board's jurisdiction shall be limited to the village. The board
26 shall be concerned with those elements of change, rehabilitation and /or
27 preservation that affect the quality of the village. No individuals or
28 organizations shall designate or cause to designate structures or sites within
29 the village without pertinent data being submitted to and approved by the
30 historic preservation board and the village council. The board shall not
31 consider detailed design, interior arrangements or building features not
32 subject to public view, nor shall they make any requirements except for the
33 purpose of preventing development or demolition obviously incongruous to
34 the surroundings. The board shall, on behalf of the village, and with the
35 approval of the council, be responsible for the receipt and custody of
36 donations of property and artifacts. In the event a historically designated
37 property is the subject of action taken by another village board or
38 department, rulings by the historic preservation board shall be considered
39 advisory to the other board or department, and the citing board or
40 department shall consider the historic preservation board's recommendations
41 in their deliberations. Nothing contained herein impairs the requirements
42 of section 11 -6.
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44 The historic preservation board shall meet as needed at such time that
45 the board may determine after receipt by the board of an application for a
46 certificate of appropriateness. A quorum shall consist of three members
47 of the board and at least three members must vote in favor of an action for
48 such action to be deemed approved. The board shall adopt rules for the
49 transaction of its business and consideration of applications not inconsistent
50 herewith. All the meetings of the board shall be open to the public, and a
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I public record shall be kept of the board's resolutions, proceedings and
2 actions.
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4 (f) Guide used in planning and deliberations. In all its planning and deliberations,
5 the historic preservation board shall use "The Secretary of the Interior's
6 Standards for the treatment of historic properties, and Guidelines for
7 Rehabilitating Historic Buildings" (as revised) as a basis for its guidelines for
8 preservation.
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10 (g) Secretary. The designated secretary of the board shall provide such
11 technical, administrative and clerical assistance as is required by the historic
12 preservation board.
13 (Code 1971, § 11%-4; Ord. No. 594, § 1, 11 -5 -96; Ord. No. 637, § 1, 11- 19 -02; Ord.
14 No. 651 -05, § 1, 7- 19 -05; Ord. No. 719 -16, § 1, 5 -17 -16 )
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16 Sec. 11 -5. -Classification procedure.
17 (a) Inventory. The board will be responsible for a comprehensive and continuing
18 survey of buildings, structures and sites of historic significance in the
19 village. The inventory created by the survey shall include as much
20 information and documentation on the sites as possible.
21
22 (b) Nomination for inclusion in inventory. Such nominations shall be reviewed by
23 the board and if they meet the general criteria listed in section 11 -3 if this
24 chapter, they shall be recommended to the village council for designation
25 as a historic landmark.
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27 (1) Nomination initiated by property owner /owners: Any property owner /owners
28 who feels their property has historic significance may submit the property
29 and available documentation to the board for consideration.
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31 (2) Nomination initiated by the board: Upon approval of a resolution by the
32 Board proposing commencement of nomination proceedings for a particular
33 property or landmark, a letter shall be sent to the owner /owners of the
34 property by the board stating that the site has been selected for
35 consideration as a historic landmark, with an explanation of the reasons for
36 its nomination, the effect of the proposed classification and the process by
37 which such classification may be accomplished. The owner /owners will be
38 invited to appear informally before the historic preservation board to
39 discuss the matter. Notification of this meeting shall be sent to all involved
40 property owners by certified mail at least 14 days prior to the meeting. No
41 property shall be exempted from consideration as a historic property on the
42 basis that the owner did not consent to the regulation or designation. At the
43 meeting set for that purpose the Board shall determine whether or not to
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I grant Board approval of such nomination for recommendation to the
2 Planning Board pursuant to 3c below.
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4 (3) Historic districts and archeological zones: Nominations for historic districts
5 may be made by any member of the board, village council, officer of the
6 village or other interested party or organization. Proposed historic district
7 boundaries shall in general be drawn to include all appropriate properties
8 reasonably contiguous within an area and may include properties which
9 individually do not conform to the historic character of the district, but which
10 require regulation in order to control potentially adverse influences on the
11 character and integrity of the district. Archeological zone boundaries shall
12 generally conform to natural physiographic features which were the focal
13 points for prehistoric and historic activities. All property owners within the
14 boundaries of historic districts and archeological zones shall be notified
15 and be invited to appear before the board to discuss the proposal, and the
16 board shall proceed in the same manner as in section 11 -3.
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18 (c) Designation of historic landmarks. The historic preservation board shall
19 recommend to the Planning Board, buildings, and structures, to be designated
20 as historic landmarks. Once reviewed by the Planning Board a recommendation
21 shall be moved to the Village Council for final approval or denial. Upon
22 consideration of the Planning Board consideration the Village Council may
23 designate the property or site as a historic landmark.
24 (d) Action following council approval. After the Village Council has approved the
25 designation, a covenant to run with the land will be duly recorded by the
26 Village in the public records of Miami Dade County. The Council shall issue a
27 certificate of recognition to the property owners describing the historic
28 landmark and describing its significance.
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30 (e) Zoning. When the village council approves a historic landmark designation,
31 the regulations for both the existing zoning category of the property and the
32 historic landmark category shall apply. Whenever there is conflict between the
33 regulations, the more restrictive shall apply.
34
35 (Code 1971, § 11'/2 -5; Ord. No. 637, § 1, 11- 19 -02)
36 Cross reference— Zoning, App. A.
37 Sec. 11 -6. - Effect of historic landmark designation.
38 No structure that is designated by the village council as a historic landmark
39 structure or as a building within a designated historic district may be
40 demolished, moved or altered in its exterior appearance by addition,
41 reconstruction, alteration or maintenance, or by removal of or destruction of
42 trees located on the site until an application for a certificate of appropriateness
43 has been submitted to the historic preservation board and has been approved
44 by that board, or by the village council on appeal; nor shall any property that is
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I designated by the village council as a historic landmark site be physically
2 altered until an application for a certificate of appropriateness has been
3 submitted to the historic preservation board and has been approved by that
4 board, or by the village council on appeal. Any property designated as a historic
5 landmark prior to the effective date of this ordinance shall henceforth be
6 deemed to have been designated a historic landmark structure.
7 Undue Economic Hardship.
8
9 (1) Where, by reason of particular site conditions and restraints, or because of
10 unusual circumstances applicable solely to the particular applicant property,
11 strict enforcement of the provisions of this Chapter, pertaining to Certificates
12 of Appropriateness, pertaining to Certificates to Dig, would result in undue
13 economic hardship to the applicant, the Board shall have the power to vary
14 or modify adherence to this Chapter; provided always that its requirements
15 ensure harmony with the general purposes hereof and will not adversely
16 affect the Village of Miami Shores.
17 (2) For purposes of this section, "undue economic hardship" means that denial
18 of the applicant's request would directly restrict or limit the use of real
19 property such that the property owner is permanently unable to attain the
20 reasonable, investment - backed expectation for the existing use of the real
21 property or a vested right to a specific use of the real property with respect
22 to the real property as a whole, or that the property owner is left with
23 existing or vested uses that are unreasonable such that the property owner
24 bears permanently a disproportionate share of a burden imposed for the
25 good of the public.
26
27 (Code 1971, § 111/2 -6; Ord. No. 637, § 1, 11- 19 -02)
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Sec. 11 -6a. - Incentives.
It is the policy of Miami -Dade County to assist owners of historic
properties in identifying various incentives that may benefit historically
designated properties throughout the County. Such incentives may include, for
example, matching or non - matching grants from governmental and non - profit
entities, waivers and exemptions to applicable regulations where allowed by
law, historic preservation easements, and historic plaque and marker
programs. All properties designated as individual sites, archaeological or
paleontological zones, or designated properties within a district may be
eligible, upon application by the owner(s), for any available financial
assistance set aside for historic preservation by the County, contingent on the
availability of funds and the scope of the project as described in the
application.
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Sec. 11 -7. - Application for certificate of appropriateness for alteration or
2 demolition of historic landmarks or buildings.
3 (a) Alterations of historic landmarks or buildings.
4 (1) Pre - application review: Prior to the preparation of working
5 drawings and specifications or calling for proposals or bids from contractors,
6 owners or agents may prepare preliminary scale drawings and outline
7 specifications for review and informal discussion with the historic
8 preservation board. The purpose of this review shall be to acquaint the
9 contractor, owner or agent with standards of appropriateness of design that
10 are required in the proposed change in a historic landmark or building.
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12 (2) Filing applications: Any person desiring a certificate of
13 appropriateness to be issued by the historic preservation board, as required
14 hereby, shall file an application with the clerk's office in writing on a form
15 furnished by that department. When combined with the building permit
16 application, the submitted paperwork shall describe the property address on
17 which the proposed work is to be done; shall show the use or occupancy of
18 the building; shall be accompanied by plans and specifications as required;
19 shall state the value of the proposed work; shall give such other information
20 as reasonably may be required by the building department and /or the zoning
21 department; and shall be signed by the applicant or any authorized agent,
22 who may be required to submit evidence to indicate such authority.
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(3) Action on applications: The Planning and Zoning Department, or
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designee shall transmit the application for a certificate of appropriateness
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together with the supporting information and material to the historic
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preservation board for action. In determining whether or not an application
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for a certificate of appropriateness should be granted, granted with
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conditions, or denied, the board shall consider the following criteria: i) the
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extent to which the applicant's proposal is in conformance with the
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secretary of the interior's Standards for Rehabilitation and Guidelines for
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Rehabilitating Historic Buildings; ii) the extent that the applicant's proposal
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maintains the historic qualities of the historic landmark structure or the
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historic landmark site; and, iii) safety of the occupants. If the board
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approves the application, a certificate of appropriateness shall be issued. If
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the certificate of appropriateness is issued, the application shall be
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processed in the same manner as applications for building or demolition
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permits. There shall be a delay of ten working days between the board
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granting of a certificate of appropriateness and the commencement of any
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work on the site in order to provide time for an appeal in accordance
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with section 11 -10. If the board disapproves the application, a certificate of
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appropriateness shall not be issued. An appeal of the board's decision may
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be made to the village council by the property owner in accordance
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with section 11 -10.
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(4) A certificate of appropriateness for demolition shall only be
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issued once the item is approved by the Historic Preservation Board.
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I (b) Demolition of buildings on landmark inventory.
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3 (1) For any building that is approved to be demolished, before a
4 demolition permit is issued there will be a delay of 180 days to permit the
5 notice action described in paragraph (2) of this subsection.
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7 (2) A notice shall be posted by the village on the premises of the
8 building or structure proposed for demolition in a location clearly visible from
9 the street. This notice must remain posted during the notification period and it
10 shall be unlawful to remove same, other than by the village. In addition, the
11 village shall publish a legal notice in a newspaper of general circulation, ten
12 days following the approval of the certificate of appropriateness authorizing
13 demolition of the historically designated property. The purpose of this
14 procedure is to further the purposes of this chapter by preserving significant
15 buildings which are important to the education, culture, tradition, aesthetics
16 and economic values of the village, and to afford the village, interested
17 parties, historical societies or organizations the opportunity to acquire or to
18 arrange for the preservation of such structures and sites.
19 Sec. 11 -7.a. Demolition By Neglect Prohibited.
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21 Affirmative Maintenance Required. The owner of a property designated pursuant
22 to this Chapter, either individually or as a contributing part of a district, shall
23 comply with all applicable codes, laws, and regulations governing the
24 maintenance of property. It is the intent of this section to preserve from
25 deliberate or inadvertent neglect the exterior features of such properties and the
26 interior portions thereof when maintenance is necessary to prevent deterioration
27 and decay of the property. All such properties shall be preserved against such
28 decay and deterioration and shall be free from structural defects through prompt
29 corrections of any of the following defects:
30 (a) Facades which may fall and injure the subject property, adjoining property,
31 or members of the public.
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33 (b) Deteriorated or inadequate foundation, defective or deteriorated flooring or
34 floor supports, deteriorated walls or other vertical structural supports.
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36 (c) Members of ceilings, roofs, ceiling and roof supports or other horizontal
37 members which sag, split or buckle due to defective material or deterioration.
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39 (d) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
40 or floors, including broken windows or doors.
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42 (e) Any fault or defect in the property which renders it structurally unsafe,
43 insufficiently protected from weathering, or not properly watertight.
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I (f) Deteriorated architectural or landscape features relevant to the historic
2 integrity of the structure or site, including but not limited to: porches and porch
3 supports, railings, lighting, eave and roof brackets, cornices, columns, stairways,
4 siding, and other decorative or structural elements
5
6 (Code 1971, § 111/ -7; Ord. No. 637, § 1, 11- 19 -02)
7 Cross reference— Buildings and building regulations, Ch. 6; housing, Ch. 12;
8 planning, Ch. 19; streets, sidewalks and other public places, Ch. 20; zoning, App. A.
9 Sec. 11 -8. - Applications for a certificate to dig within an archeological
10 zone.
11 (a) Application procedure. Within an archeological zone, new construction,
12 filling, digging, the removal of trees or any other activity that may alter or
13 reveal an interred archeological site, in an archeological zone shall require a
14 certificate to dig before approval. Based on the designation report for the
15 archeological zone, a complete application for a certificate to dig and any
16 additional guidelines the board may deem necessary, the board shall, within
17 ten days from the date the completed application has been filed, approve the
18 application for a certificate to dig by the owners of a property in a designated
19 archeological zone. The certificate to dig may be made subject to specified
20 conditions, including but not limited to conditions regarding site excavation. In
21 order to comply with the site excavation requirements of the certificate to dig,
22 the applicant may agree to permit the county archeologist to conduct
23 excavation from the time of the approval of the certificate to dig until the
24 effective date thereof. The applicant shall have the opportunity to challenge
25 the decision or any conditions attached to the certificate to dig by appealing to
26 the village council as authorized in section 11 -10.
27
28 (b) Effective date of approved certificates. Approved certificates to dig shall
29 contain an effective date not less than 14 days nor more than 60 days from the
30 date of the board decision.
31
32 (Code 1971, § 111/2 -8)
33 Sec. 11 -9. - Maintenance of designated properties.
34 Nothing in this chapter shall be construed to prevent the cleaning, ordinary
35 repairs or maintenance of any exterior elements of any building or structure
36 which does not involve a change of design, appearance or material, and which
37 does not require a building permit, nor shall anything is this chapter be
38 construed to prevent the addition, removal or alteration of landscaping,
39 driveways, walkways, pools, fences or other site improvements, except: i) with
40 regard to any designated historic landmark site; or ii) with regard to any
41 designated historic structure when such site improvements are important in
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I defining the overall historic character of the designated historic landmark
2 structure.
3 (Code 1971, § 111/2 -9; Ord. No. 637, § 1, 11- 19 -02)
4 Sec. 11 -10. -Appeals.
5 (a) An appeal from any decision of the historic preservation board upon any
6 matter initiated before such board may be taken to the Village Council by any
7 citizen or property owner in the village who is aggrieved by such decision, or
8 by any officer of the Village. Any person desiring to appeal a decision of the
9 board, shall, within ten working days from the date of such a decision, except
10 when the appeal is of a demolition order, which shall be filed within 20
11 working days, file a written notice of appeal with the Village Clerk, who shall
12 then send a written notice of such appeal to all persons previously notified by
13 the historic preservation board on the subject property. The matter shall then
14 be heard by the Village Council at its next meeting, provided at least ten days
15 have intervened between the time of the filing of the notice of appeal and the
16 date of such meeting. If ten days shall not intervene between the time of the
17 filing of the notice and the date of the next meeting, then the appeal shall be
18 head at the next following regular meeting of the Village Council.
19
20 (b) An appeal will stay all proceedings in the matter appealed from until the
21 final disposition of the appeal by the village council. Any appeal from a
22 decision of the historic preservation board shall not be granted by the village
23 council except by the affirmative vote of a simple majority of the members of
24 the council.
25
26 (Code 1971, § 111/2 -10; Ord. No. 637, § 1, 11- 19 -02)
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