O-439-82 ORDINANCE NO. 439-82
AN ORDINANCE PROVIDING GUIDANCE STANDARDS AND
REVIEW PROCEDURES FOR THE PRESERVATION OF
SIGNIFICANT BUILDINGS, STRUCTURES, SITES AND
ARTIFACTS WITHIN MIAMI SHORES VILLAGE, FLORIDA,
ESTABLISHING AN HISTORIC PRESERVATION BOARD,
PROVIDING AN APPROVAL SYSTEM FOR ALTERING OR
DEMOLISHING HISTORIC LANDMARKS, SETTING UP AN
APPEAL PROCEDURE, PROVIDING SEVERABILITY AND
AN EFFECTIVE DATE.
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
SECTION 1. Purpose: The purpose of this ordinance is to
promote the cultural , educational , economic and general welfare of the
public through the preservation and protection of the historic or archi-
tecturally worthy buildings, structures, sites and artifacts which impart
a distinct aspect to Miami Shores Village, and which serve as visible
reminders of the history and cultural heritage of the Village.
SECTION 2. Definitions:
(1) Archeological zone - An area designated by this
ordinance which is likely to yield information
on the history and prehistory of Miami Shores on
prehistoric settlement patterns in the Village
as determined by the results of the Dade County
Historic survey. These zones will tend to conform
to natural physiographic features which were the
focal points for prehistoric and historic activities.
(2) Certificates of Appropriateness - A certificate
issued by the Board permitting certain alterations
or improvements to a designated property.
(3) Certificate to Dig - A certificate that gives the
Board's permission for certain digging projects
that may involve the discovery of as yet unknown
or known archeological sites in an archeological
zone.
(4) Certificate of Recognition - A certificate issued
by the Board recognizing properties designated
pursuant to this ordinance.
(5) Demolition - The complete constructive removal of
a building on any site.
(6) Districts - A collection of archeological sites"
buildings, structures, landscape features or other
improvements that are concentrated in the same area
and have been designated as a district pursuant to
this ordinance.
(7) Exterior - All outside surfaces of a building or
structure.
(8) Guidelines for Preservation - Criteria established by
the Preservation Board to be used in determining the
validity of applications for a Certificate of
Appropriateness and any Certificate to Dig and to
establish a set of guidelines for the preservation
of buildings in Miami Shores.
(9) Historic Preservation Board - A board of citizens
created by this ordinance as described in Section 4.
(10) Historic Survey - A comprehensive survey compiled
by the Historic Preservation Division of the Dade
County Office of Community and Economic Development
involving the identification, research and docu-
mentation of buildings, sites and structures of
any historical , cultural , archeological or architect-
ural , importance in Dade County, Florida.
(11) Individual Site - An archeological site, building,
structure, place or other improvement that has been
designated as an individual site pursuant to this
ordinance. Under the provisions of this ordinance
interior spaces may be regulated only where a build-
ing or structure is a designated individual site.
(12) National Register of Historic Places - A federal
listing maintained by the U. S. Department of the
Interior of buildings, sites, structures and
districts that have attained a quality of signifi-
cance as determined by the Historic Preservation
Act of 1966 as amended.
(13) Ordinary�. Repairs or Maintenance - Work done to
prevent deterioration of a building or structure
or decay of or damage to a building or structure
or any part thereof by restoring the building or
structure as nearly as practicable to its condition
prior to such deterioration, decay or damage.
(14) Owner of a Designated Property - As reflected on
the current Metropolition Dade County tax rolls
or current tetord'itit1e holder.
(15) Undue Economic Hardship - Failure to issue a
certificate would place an onerous and excessive
financial burden upon the owner that would amount
to the taking of the owner's property wtihout just
compensation.
(16) Landscape Feature - Any improvement or vegetation
including, but not limited to outbuildings, walls,
courtyards, fences, shrubbery, trees, sidewalks,
planters, plantings, gates, street furniture and
exterior lighting.
SECTION 3. Selection & Classification of Structures and Sites:
General Criteria for Determination of Structures and Sites
for designation as Historical Landmarks.
The following criteria are hereby adopted as general guidelines
by Miami Shores Village:
Districts, sites, buildings, structures and objects of national ,
state and local importance are of historic significance if they
possess integrity of location, design, setting, materials,
workmanship, feeling and association and:
1. That are associated with events that have made a significant
contribution to the broad patterns of our history, or
2. That are associated with the lives of persons significant
in history, or
(2)
3. That embody the distinctive characteristics of a type,
period, or method of construction, or that represent the
work of a master, or that possess high artistic values,
or that represent a significant and distinguishable entity
whose components may lack individual distinction, or
4. That have yielded, or may be likely to yield, information
important in history.
SECTION 4. Historic Preservation Board
A - The Establishment of the Historic Preservation Board.
The Historic Preservation Board hereby established, shall
consist of five (5) members appointed by the Village Council .
All members of the Board shall be familiar with the purposes
of preserving and protecting structures and sites having
architectural and historic worth. Initial appointments to
the Board shall be two members for a one year term and three
members for a two year term. Subsequently all appointments
shall be for two years. A member may be reappointed to
the Board. The Village Manager shall appoint a secretary
to the Board.
B Organization and Members: The members of the Historic
Treservation Board shall elect from its membership a
Chairman, who shall serve for a period of one year. The
Chairman, upon election, may succeed himself. Each member
of the Board shall be a resident of Miami Shores Village
during the term of his appointment.
All efforts shall
be made to include at least one (1) member who is an
architect registered in the State of Florida, or an
historian or architectural preservationist, one (1) member
who is an experienced real estate broker licensed in the
State of Florida, one (1) member experienced in the field
of business and finance or law, and one member who is a
licensed contractor. One member may fill more than one of
these requirements. The Board shall have the prerogative
of selecting non-voting Special Advisors to the Board.
Residency requirements shall not apply to Special Advisors.
C Authority to Establish Historic Landmarks: For the purpose
6T effecting and furthering the protection, preservation
and enhancement of historic landmarks, the Board shall
have the power to recommend to the Village Council the
designation of a structure or site as a historic landmark.
D Jurisdiction: The Board's jurisdiction shall be limited
Miami Shores, Florida. The Board shall be concerned
with those elements of change, rehabilitation and/or
preservation that affect the quality of the Village. No
individuals or organizations shall designate or cause to
designate structures or sites within Miami Shores Village
without pertinent data being submitted to and approved by
the Historic Preservation Board and the Village Council .
The Board shall not consider detailed design, interior
arrangements or building features not subject to public
view, nor shall they make any requirements except for the
purpose of preventing development or demolition obviously
incongruous to the surroundings. The Board shall , on
behalf of the Village'. and with the approval of the Council ,
be responsible for the receipt and custody of donations of
property and artifacts.
_3-
E - Funding: The Board shall have the prerogative of requesting
funds fromthe Council for Board expenditures which shall
include, but not be limited to, historic markers, certifi�
cates and photographs, and other support ser0ces or ovtw'os
which may be appropriate.
F Meetings: The Historic Preservation Boardshall--.mdet
quarterl ;, ( - and in addition,
shall meet in accordance with Section 7 of this Ordinance
after the receipt by the Board of an application for a
Certificate of Appropriateness to demolish, remove or
repair or in any way make alteration to a building
desiganted as a historic landmark in whole or in part.
A quorum shall consist of three members of the Board.
The Board shall adopt rules for the transaction of its
business and consideration of applications not incon-
sistent herewith, which shall provide for the time and
place of regular meetings and for the calling of
special meetings. All the meetings of the Board shall
be open to the public, and a public record shall be kept
of the Board"s resolutions, proceedings and actions.
G - In all its planning and deliberations the Historic
Preservation Board shall use The Secretary of the
Interior's Standard for*HistCric Preservation Projects
with Guidelines for Applying the Standard as a basis'
for its Guidelines for Preservation.
H - Assistance of the Secretar
,y of the Board: The designated
Secretary of the Board shall provide sTch technical ,
administrative and clerical assistance as is required
by the Historic Preservation Board.
SECTION 5. Procedure for classification:
A - Inventory: The Board will be responsible for a comprehensive
and continuing survey of buildings, structures, and sites
of historic significance in Miami Shores Village. The
inventory created by the survey shall include as much
information and documentation on the sites as possible.
B Nomination for inclusion in Inveht6g: Such nominations
shall be reviewed by the Board and if they meet the general
criteria listed in Section 3 of this Ordinance, they shall
be recommended to the Village Council for designation as
an Historic Landmark.
1 . Nomination Initiated by ProperV Qwner/Owhors;
Any property owner/owners who feels his/their property
has historic significance may submit the property and
available documentation to the Board for consi'deration.
2. Nomination Initiated by the Board:
A letter shall be sent to the owner/owners of the
property by the Board stating that the site has been
selected for consideration as a historic landmarko
with a full explanation of the reasons for its
nomination, with effect of the proposed classi,fication
and the process by which such classification is
accomplished. The owner/owners will be invited to
appear informally before the Historic Preservation
Board to discuss the matter. Notification of this
meeting shall be sent to all involved property owners
by Certified Mail at least 14 days prior to the meeting.,
(4)
3. Historic Districts and Archeological Zones
Nominations for historic districts miy—be made by any
member of the Board, Village Council , officer of the
Village or other interested party or organization.
Proposed historic district boundaries shall in general
be drawn to include all appropriate properties reasonably
contiguous within an area and may include properties
which individually do not conform to the historic
character of the district, but which require regulation
in order to control potentially adverse influences on
the character and integrity of the district. Archeolo-
gical 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
district 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 3. B2 and B4.
4.- Designation of Historic Landmarks
The Historic Preservation Board shall recommend to the
Village Council properties or sites to be designated
as Historic Landmarks. If the Village Council accepts
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 an
historic district- agree,the Council shall designate
the property or site as an Historic Landmark. 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 an Historic Landmark.
5. 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
Miami Shores in the public records of Metropolitan Dade
County. The Council shall issue a Certificate of
Recognition to the property owner/owners describing
the Historic Landmark and describing its significance.
6. Zoning
When the Village Council approves a Historic Landmark
designation, the regulations for both the existing
zoning category of the property and the Historic
Landmark category shall apply. Whenever there is
conflict between the reaulations, the more restrictive
shall apply.
SECTION 6. Effect of Historic Landmark Desionation; No structure
or site that is designated by the Village Council as a Historic Landmark may
be demolished, moved or changed in the exterior appearance by addition,
reconstruction, alteration or maintenance, or removal of or destruction of
trees located on the site until an application for a Certificate of
Appropriateness has been submitted to the Historic Preservation Board and
has been approved by that Board, or the Village Council on appeal .
(5)
SECTION 7. Application for Certificate of Appropriateness for
Alteration or Demolition of Historic Landmarks:
A Alterations:
1 . Pre-Application Review: Prior to the preparation of
working drawings and specifications or calling for
proposals or bids from contractors, owners or agents
shall prepare preliminary scale drawings and outline
specifications for review and informal discussion with
the Historic Preservation Board. The purpose of this
review shall be to acquaint the developer, owner or
agent with standards of appropriateness of design that
are required in the proposed change in a Historic Land-
mark.
2. Filing Applications: After the pre-application review,
any person desiring a Certificate of Appropriateness
to be issued by the Historic Preservation Board, as
required hereby, shall file an application with the
Building & Zoning Department in writing on a form
furnished by that Department. Each such application
shall describe by legal description and address the
land on which the proposed work is to be done; shall
show the use of occupancy of the building-, shall be
accompanied by plans and specifications as required;
shall state the value of the proposed work; shall
give such other information as reasonably may be
required by the Building and 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 of Applications: The Building & Zoning Depart-
ment shall transmit the application for a Certificate
of Appropriateness together with the supporting informa-
tion and material to the Historic Preservation Board
for approval . The Board shall act upon the application
within 10 working days after receipt by the Secretary
of the Board. Nothing herein shall prohibit an extension
of time where mutual agreement has been made and the
Board may advise the applicant and make recommendations
in regard to the appropriateness of the application.
If the Board approves the application, a Certificate
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. There shall be a
delay of 14 days between the Board granting of a
Certificate of Appropriateness and the commencement
of any work on the site in order to provide time for
an appeal in accordance with Section 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 Village Council by the
property owner in accordance with Section 10 of this
ordinance.
B Demolition of Sites on Landmark Inventory:
1 . Whenever an owner shows that a property classified as
having historic significance is incapable of earning
an economic return on its value, as determined by a
qualified source, and the Board of Review does not
approve the issuance of a Certificate of Appropriate-
ness, the owner shall be notified of his right to
appeal under Section 10. of this ordinance. If the
Village Council upholds the appeal the provisions of
this Section shall apply.
(6)
2. For any building that approved to be demolished before
a demolition permit is issued, there will be a 180-day
delay to permit the notice action described in Section
7. B3 (below) .
3. 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 period and
it shall be unlawful to remove same, other than by the
Village. In addition, the Village shall publish a
legal notice in a newspaper of general local circulation
at least three times prior to demolition, a first notice
of which shall not be more than fifteen (15) days after
the date of the application for a permit is filed and
the final notice of which shall be published no less
than iffteen (15) days prior to the expiration date
of the notification period. The purpose of this
procedure is to further the purposes of this Ordinance
by preserving significant buildings which are important
to the education, culture, tradition, aesthetics and
economic values of the Village, and to afford the
Village, interested parties, historical societies or
organizations the opportunity to acquire or to arrange
for the preservation of such structures and sites.
SECTION 8. Applications for a Certificate to Dig within an
Archeological Zone
1 . Within an archeological zone, new construction, filing,
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 guidelines the Board may deem
necessary, the Board shall , within ten days from the date
the completed application has been filed, aprove 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 stte excavation. In order to comply with the
site excavation requirements of the Certificate to Dig,
the applicant may agree to permit the 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
decision or any conditions attached to the Certificate to
Dig by appealing to the Village Council as authorized in
Section 10.
2. Approved Certificates to Dig - Approved 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.
SECTION 9. Maintenance of Designated Properties: Nothing in
this ordinance shall be construed to prevent the ordinary maintenance or
repair 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.
(7)
SECTION 10. Appeals: 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 Miami Shores
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 fourteen (14)
days from the date of such decision, file a written notice of appeal with
the Village Clerk, whose duty it shall become to send a written notice of
such appeal to all persons previously notified by the Historic Preservation
Board on the subject property. The matter shall then be heard by the Village
Council at its next meeting, provided at least ten (iff) ftys-hhve intervened
between the time of the filing of the notice of appeal and the date of such
meeting; if ten (10) 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
heard at the next following regular meeting of the Village Council .
A notice of such appeal shall be published one
time in a newspaper of general circulation in Maimi Shores Village. An
appeal will stay all proceedings in the matter appealed from until the
fi.fial disposition of the appeal by the Village Council . Any appeal from
a decision of the Historic Preservation Board shall not be granted by
the Vil-lage Council except by the affirmative vote of a simple majority
of the members of the Council .
SECTION 11 . Severability, if any section, subsection, sentence,
clause or provision of this ordinance is held invalid, the remai.nder of
this ordinance shall not be affected by such invalidity.
SECTION 12. Enforcement: Violations of this Ordinance shall
be prosecuted in the same manner as is prescribed by law or ordinance for
the prosecution of violations of other ordinances of Miami Shores Village.
SECTION 13. Effective Date: This Ordinance shall become effective
on June 30,1982.
(8)
PASSED on first reading this day of May 1982
PASSED AND ADOPTED on second reading this 15 day of June
1982.
Robe,ft J, Lodr
Mayor
ATTEST:
Village Clerk
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