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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? S/ Crro Cc.,�c��S Q 2&e ll�/eirjrad 5z{o NE 96 sY »ta shores FC. 33og �(. 3 0 5 - - 7 5 I - & 5 7 0 3 C' 3-?O rq a 5 4,e,t,ir ai54, eJ � ecCti�