540 NE 96 St (8)4
§ 11 -5 MIAMI SHORES VILLAGE CODE
zone boundaries shall generally conform
to natural physiographic features which
were the focal points for prehistoric and
historic activities. All property owners
within the boundaries of historic districts
and archeological zones shall be notified
and be invited to appear before the board
to discuss the proposal, and the `board
shall proceed in the same manner as in
section 11 -3.
(c) Designation of historic landmarks. The his-
toric preservation board shall recommend to the
village council properties or sites to be designated
as historic landmarks. If the village council ac-
cepts the board's recommendation and if the owner
or owners of such property or site, or each of the
owners of properties within the district in the
case of a historic district agree, the council shall
designate the property or site as a historic land-
mark. Owners who do not agree shall file a
notarized statement with the village manager
certifying that the party is the sole or partial
owner of the private property being considered by
the council and objects to the designation as .a
historic landmark.
(d) Action following council approval. After
the village council has approved the designation,
and with the consent of the property owner/
owners, a covenant to run with the land will be
duly recorded by the village in the public records
of Miami Dade County. The council shall issue a
certificate of recognition to the property owner/
owners describing the historic landmark and de-
scribing its significance.
(e) Zoning. When the village council approves
a historic landmark designation, the regulations
for both the existing zoning category of the prop-
erty and the historic landmark category shall
apply. Whenever there is conflict between the
regulations, the more restrictive shall apply.
(Code 1971, § 11 -5; Ord. No. 637, § 1, 11- 19 -02)
Cross reference — Zoning, App. A.
Sec. 11 -6. Effect of historic landmark desig-
nation.
No structure that is designated by the village
council as a historic landmark structure or as a
building within a designated historic district may
Supp. No. 1 CD11:6
be demolished, moved or altered in its exterior
appearance by addition, reconstruction, alter-
ation or maintenance, or by removal of or destruc-
tion of trees located on the site until an applica-
tion for a certificate of appropriateness has been
submitted to the historic preservation board and
has been approved by that board, or by the village
council on appeal; nor shall any property that is
designated by the village council as a historic
landmark site be physically altered until an ap-
plication for a certificate of appropriateness has
been submitted to the historic preservation board
and has been approved by that board, or by the
village council on appeal. Any property desig-
nated as a historic landmark prior to the effective
date of this ordinance shall henceforth be deemed
to have been designated a historic landmark
structure.
(Code 1971, § 11 -6; Ord. No. 637, § 1, 11- 19 -02)
Sec. 11 -7. Application for certificate of ap-
propriateness for alteration or
demolition of historic landmarks
or buildings.
(a) Alte of historic landmarks or build-
ings.
(1) Preapplication review: Prior to the prepa-
ration of working drawings and specifica-
tions or calling for proposals or bids from
contractors, owners or agents may pre-
pare preliminary scale drawings and out-
line specifications for review and informal
discussion with the historic preservation
board. The purpose of this review shall be
to acquaint the contractor, owner or agent
with standards of appropriateness of de-
sign that are required in the proposed
change in a historic landmark or building.
(2) Filing applications: Any person desiring a
certificate of appropriateness to be issued
by the historic preservation board, as re-
quired hereby, shall file an application
with the clerk's office in writing on a form
furnished by that department. When com-
bined with the building permit applica-
tion, the submitted paperwork shall de-
scribe the property address on which the
proposed work is to be done; shall show
the use or occupancy of the building; shall
be accompanied by plans and specifica-
tions as required; shall state the value of
the proposed work; shall give such other
information as reasonably may be re-
quired by the building department and/or
the zoning department; and shall be signed
by the applicant or any authorized agent,
who may be required to submit evidence
to indicate such authority.
(3) Action on applications: The village clerk,
or the clerk's designee shall transmit the
application for a certificate of appropriate-
ness together with the supporting infor-
mation and material to the historic pres-
ervation board for action. In determining
whether or not an application for a certif-
icate of appropriateness should be granted,
granted with conditions, or denied, the
board shall consider the following crite-
ria: i) the extent to which the applicant's
proposal is in conformance with the sec-
retary of the interior's Standards for Re-
habilitation and Guidelines for Rehabili-
tating Historic Buildings; ii) the extent
that the applicant's proposal maintains
the historic qualities of the historic -land-
mark structure or the historic landmark
site; and, iii) safety of the occupants. If
the board approves the application, a cer-
tificate of appropriateness shall be issued.
If the certificate of appropriateness is
issued, the application shall be processed
in the same manner as applications for
building or demolition permits. Thera shall
be a delay of ten working days between _
the board ganing a cer_ tificate orap
propriafeness and the commencement
-
,
any work on the site in order to pro=d -
time for an appeal in - aceord-anee---with
section 11 -10. If the board disapproves the
application, a certificate of appropriate-
ness shall not be issued. An appeal of the
board's decision may be made to the vil-
lage council by the property owner in
accordance with section 11 -10.
(b) Demolition of buildings on landmark inven-
tory.
(1) For any building that is approved to be
demolished, before a demolition permit is
Supp. No. 1 CD11:7
HISTORIC PRESERVATION § 11 -8
issued there will be a delay of 180 days to
permit the notice action described in para-
graph (2) of this subsection.
(2) A notice shall be posted by the village on
the premises of the building or structure
proposed for demolition in a location clearly
visible from the street. This notice must
remain posted during the notification pe-
riod and it shall be unlawful to remove
same, other than by the village. In addi-
tion, the village shall publish a legal no-
tice in a newspaper of general circulation,
ten days following the approval of the
certificate of appropriateness authorizing
demolition of the historically designated
property. The purpose of this procedure is
to further the purposes of this chapter by
preserving significant buildings which are
important to the education, culture, tra-
dition, aesthetics and economic values of
the village, and to afford the village, in-
terested parties, historical societies or or-
ganizations the opportunity to acquire or
to arrange for the preservation of such
structures and sites.
(Code 1971, § 11/2 -7; Ord. No. 637, § 1, 11- 19 -02)
Cross references — Buildings and building regulations,
Ch. 6; housing, Ch. 12; planning, Ch. 19; streets, sidewalks
and other public places, Ch. 20; zoning, App. A.
Sec. 11 -8. Applications for a certificate to
dig within an archeological zone.
(a) Application procedure. Within an archeo-
logical zone, new construction, filling, digging, the
removal of trees or any other activity that may
alter or reveal an interred archeological site, in an
archeological zone shall require a certificate to dig
before approval. Based on the designation report
for the archeological zone, a complete application
for a certificate to dig and any additional guide-
lines the board may deem necessary, the board
shall, within ten days from the date the com-
pleted application has been filed, approve the
application for a certificate to dig by the owners of
a property in a designated archeological zone. The
certificate to dig may be made subject to specified
conditions, including but not limited to conditions
regarding site excavation. In order to comply with
the site excavation requirements of the certificate
to dig, the applicant may agree to permit the
§ 11 -8
county archeologist to conduct excavation from
the time of the approval of the certificate to dig
until the effective date thereof. The applicant
shall have the opportunity to challenge the deci-
sion or any conditions attached to the certificate
to dig by appealing to the village council as
authorized in section 11 -10.
(b) Effective date of approved certificates. Ap-
proved certificates to dig shall contain an effective
date not less than 14 days nor more than 60 days
from the date of the board decision.
(Code 1971, § 11 -8)
Sec. 11 -9. Maintenance of designated prop-
erties.
Nothing in this chapter shall be construed to
prevent the cleaning, ordinary repairs or mainte-
nance of any exterior elements of any building or
structure which does not involve a change of
design, appearance or material, and which does
not require a building permit, nor shall anything
is this chapter be construed to _prevent the addi-
tion, removal or alteration of landscapin — g�rI e-
ways, walkways, pools, fences or other site im-
provements, except: i) with regard to any designated
historic landmark site; or ii) with regard to any
designated historic structure when such site im-
provements are important in defining the overall
historic character of the designated historic land-
mark structure.
(Code 1971, § 11 -9; Ord. No. 637, § 1, 11- 19 -02)
Sec. 11 -10. Appeals.
(a) An appeal from any decision of the historic
preservation board upon any matter initiated
before such board may be taken to the village
council by any citizen or property owner in the
village who is aggrieved by such decision, or by
any officer of the village. Any person desiring to
appeal a decision of the board, shall, within ten
working days from the date of such a decision,
except when the appeal is of a demolition order,
which shall be filed within 20 working days, file a
written notice of appeal with the village clerk,
who shall then send a written notice of such
appeal to all persons previously notified by the
historic preservation board on the subject prop-
erty. The matter shall then be heard by the village
MIAMI SHORES VILLAGE CODE
Supp. No. 1 CD11:8
council at its next meeting, provided at least ten
days have intervened between the time of the
filing of the notice of appeal and the date of such
meeting. If ten days shall not intervene between
the time of the filing of the notice and the date of
the next meeting, then the appeal shall be head at
the next following regular meeting of the village
council.
(b) An appeal will stay all proceedings in the
matter appealed from until the final disposition of
the appeal by the village council. Any appeal from
a decision of the historic preservation board shall
not be granted by the village council except by the
affirmative vote of a simple majority of the mem-
bers of the council.
(Code 1971, § 11 -10; Ord. No. 637, § 1, 11- 19 -02)
To: Terry Schechter
From: Travis Minch
Miami Shores Village Zoning
305- 795 -2207
Re: Alteration to historic structure (4 pages including this sheet)
3 /a s /o c
Faxed to you is the section of the Village Code dealing with the alteration of
historic buildings. It appears that a certificate of appropriateness has to be issued by the
historic preservation board before submitting plans to the building department.
Unfortunately I could not locate an application for you. I was told that Barbara Estep, the
Village Clerk, administers the application process. Unfortunately she is out until
Thursday. You will be able to reach her on Thursday at 305- 795 -2207 Ext. 4851.
If I can be of any more assistance to you, please do not hesitate to call.
Travis Minch
305-76 - g?
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