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O-637-02 ORDINANCE NO. 637-02 AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE, FLORIDA AMENDING CHAPTER 11 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, RELATING TO THE HISTORIC PRESERVATION BOARD, ITS COMPOSITION, JURISDICTION, MEETINGS, AND RESPONSIBILITIES, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Shores Village Council recently requested that the Village Attorney, Village Manager and Village Clerk review the Historic Preservation section of the Village Code; and WHEREAS, a review of Chapter 11 of the Miami Shores Village Code of Ordinances which addresses the Historic Preservation interests of the Village has been conducted; and WHERERAS, a number of procedural and administrative changes to the existing language would simplify and clarify the Board's meeting times, duties, responsibilities, and the appeal process; and WHEREAS, it is in the best interests of the Village to amend Chapter 11 of the Code of Ordinances; NOW,THEREFORE, BE IT ORDAINED by the Village Council of Miami Shores Village that: Section 1. That Sections 11-4 (a) (d) and (f); 11-5 (b)(1) and (d); 11-6; 11-7 (a)(1)(2)(3); 11-9; and 11-10(b) of Chapter 11 of the Miami Shores Village Code of Ordinances be amended, and that Section 11-7 (b) be amended and renumbered to read as follows: 11-4. (a) Established; composition. The historic preservation board is hereby established and shall consist of seven 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. 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. Each member shall hold office until his or her successor has been duly appointed, except when removed by the village council, and any member may be removed at any time by a majority vote of the village council. 11-4. (d) Jurisdiction. The board's jurisdiction shall be limited to the village. 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 the 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. In the event a historically designated property is the subject of action taken by another village board or department, rulings by the historic preservation board shall be considered advisory to the other board or department, and the citing board or department shall consider the historic preservation board's recommendations in their deliberations. Nothing contained herein impairs the requirements of Section 11-6. 1 11-4. (f) Meetings The historic preservation board shall meeL once a month at such time that the board may determine after receipt by the board of an application for a certificate of appropriateness. A quorum shall consist of four members of the board and at least four members must vote in favor of an action to be official. The board shall adopt rules for the transaction of its business and consideration of applications not inconsistent herewith. 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. 11-5. (b)(1) Nomination initiated by property owner/owners: Any property owner/owners who feel their property has historic significance may submit the property and available documentation to the board for consideration. 11-5. (d) Action following council approval. After the village council has approved he 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 describing its significance. 11-6. Effect of historic landmark designation. No structure that is designated by the village council as a historic landmark structure or as a building within a designated historic district may be demolished, moved or altered in its exterior appearance by addition, reconstruction, alteration or maintenance, or by 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 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 application 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 designated as a historic landmark prior to the effective date of this ordinance shall henceforth be deemed to have been designated a historic landmark structure. 11-7. (a)(1) Preapplication review.• Prior to the preparation of working drawings and specifications or calling for proposals or bids from contractors, owners or agents may prepare preliminary scale drawings and outline specifications for review and informal discussion with the historic preservation board. The purpose of this review is to acquaint the contractor, owner or agent with standards of appropriateness of design that are required in the proposed change in a historic landmark or building. 11-7. (a)(2) Filing applications., Any person desiring a certificate of appropriateness to be issued by the historic preservation board, as required hereby, shall file an application with the Clerk's Office in writing on a form furnished by that department. When combined with the building permit application, the submitted paperwork shall describe 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 specifications as required; shall state the value of the proposed work; shall give such other information as reasonably may be required 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. 11-7. (a)(3) Action on applications.The village clerk, or the clerk's designee shall transmit the application for a certificate of appropriateness together with the supporting information and material to the historic preservation board for action. In determining whether or not an application for a certificate of appropriateness should be granted, granted with conditions, or denied, the board shall consider the following criteria: i) the extent to which the applicant's proposal is in conformance with The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic 2 Buildings; ii) the extent that the applicant's proposal maintains the historic qualities of the historic landmark structure or the historic landmark site; and, iii) safety of the occupants. 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 10 working 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 11-10. If the board disapproves the application, a certificate of appropriateness 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 11-10. 11-7. (b) Demolition of buildings on landmark inventory. (1) For any building that is approved to be demolished, before a demolition permit is issued there will be a delay of 180 days to permit the notice action described in paragraph (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 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 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, 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. 11-9. Maintenance of designated properties. Nothing in this chapter shall be construed to prevent the cleaning, ordinary repairs or maintenance 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 addition, removal or alteration of landscaping, driveways, walkways, pools, fences or other site improvements, except: i) with regard to any designated historic landmark site; or ii) with regard to any designated historic structure when such site improvements are important in defining the overall historic character of the designated historic landmark structure. 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 twenty 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 property. The matter shall then be heard by the village 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 3 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 members of the council. 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, cause 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. This Ordinance shall become effective immediately upon its adoption on second reading. Passed on first reading this 5th day of November___, 2002. Passed and adopted on second and final reading this 19th day of November , 2002. ATTEST: avis, Mayor C� Barbara A. Fugazzi, CMC Village Clerk APPROVED AS TO FORM: Richard Sarafan Village Attorney 4