HomeMy WebLinkAboutOrdinance 2004-214ORDINANCE NO. 2004-a I q
AN ORDINANCE OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AMENDING THE HISTORIC
PRESERVATION ORDINANCE NO. 2004-197 TO
INCLUDE TWO ADDITIONAL MEMBERS TO THE
HISTORIC PRESERVATION BOARD AND TO PROVIDE
A PROCESS TO APPEAL DECISIONS MADE BY THE
BOARD; PROVIDING FOR A REPEALER; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission wishes to protect the City's historical,
cultural, archeological, paleontological, and architectural heritage through the
preservation and protection of sites of interest with the City; and
WHEREAS, the City Commission wishes to amend its Historic Preservation
Ordinance to address certain issues; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON
OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Definitions. The following words and phrases, when used in the article
shall have the meaning ascribed to them in this section, except where the context clearly
indicates a different meaning:
Addition means a construction project physically connected to the exterior of an
historic building.
Alteration means any change affecting the exterior appearance of an existing
improvement by additions, reconstruction, remodeling or maintenance involving
change in color, form, texture or materials, or any such changes in appearance of
specifically designated interiors.
Applicant means an individual or group who provides sufficient written
information to the historic preservation board to ascertain that the property meets
the minimum eligibility requirements for local historic designation.
Archaeological site means a single specific location, which has yielded or is
likely to yield information on local history or prehistoric history. Archaeological
sites may be found within historic sites or historic districts.
Archaeological zone means a geographically defined area, designated pursuant to
this article, which may reasonable be expected to yield information on local
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history or prehistoric history based upon broad prehistoric or historic settlement
patterns and including items such as clothing, buckles, pottery and houseware.
Board means the historic preservation board.
Building means a structure or an edifice designed to stand permanently and
intended for use, occupancy or ornamentation.
Certificate of appropriateness means a written document, issued pursuant to this
article, permitting specified alterations, demolition, or other work to a designated
historic landmark or for a building within a designated historic landmark district.
(1) Standard certificate of appropriateness means those certificates based
on such specific guidelines and standards, as may be officially adopted by
the historic preservation board, and for which issuance has been
authorized by such board upon findings by the board that proposed actions
are in accord with such official guidelines and standards.
(2) Special certificate of appropriateness means those certificates
involving the demolition, removal, reconstruction, alteration or new
construction a tan individual site or in a district which requires
determination by the historic preservation board before such certificate
can be issued.
Certified Local Government means a program administered by the U.S.
Department of the Interior which enables communities to have a more direct part
in the federal historic preservation program.
Contributing building means a building contributing to the historic significance of
a district which by location, design, setting, materials, workmanship, feeling, and
association adds to the district's sense of time, and place, and historic
development.
Sunny Isles Beach Register of Historic places means a listing of the properties
within the City that have been designated as landmarks or landmark districts by
action of the City Commission.
Demolition means the act or process of wrecking, destroying, or removing any
building or any part thereof.
Designated exterior means all outside surfaces of any improvement listed in the
designation report as having significant value to the historic character of the
building or district.
Designation report means a document prepared by staff for all properties or
districts which are proposed for local historic designation. The designation report
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includes the boundaries of the proposed historic property or district, a summary of
its historic significance, and contains location maps and a review guide which
describes the physical characteristics of the property or district.
Excavation means the removal of earth from its original position.
Exterior means all outside surfaces of any building or structure.
Historic landmark means any site, building, structure, landscape feature,
improvement, or archeological site, which property has been designated as an
historic landmark pursuant to procedures described in this ordinance.
Historic landmark district means a geographically defined area possessing a
significant concentration, linkage, or continuity of landmarks, improvements, or
landscape features united by historic events or aesthetically by plan or physical
development, and which area has been designated as an historic landmark district
pursuant to procedures described in this article; such district may have within its
boundaries noncontributing buildings or other structures that, while not of such
historic and/or architectural significances to be designated as landmarks,
nevertheless contribute to the overall visual character of the district.
Historic preservation board means a board consisting of individuals appointed by
the City Commission.
Historic survey means the results of a systematic process of identifying significant
buildings, sites and structures through visual reconnaissance and research for
compilation in the Florida Master Site File maintained by the Bureau of Historical
Resources, Tallahassee, Florida.
Improvement means any building, structure, fence, gate, wall, walkway, parking
facility, light fixture, bench, fountain, sign work of art, earthworks, or other
manmade objects constituting a physical betterment of real property, or any part
of such betterment.
Landscape feature means any improvement or vegetation including, but not
limited to, outbuildings, walls, courtyards, fences, shrubbery, trees, sidewalks,
planters, plantings, gates, street furniture and exterior lighting.
Multiple property nomination means a group of related significant properties
which share common themes, and are organized by historic contexts and property
types.
National Register of Historic Places means a federal listing maintained by the
U.S. Department of the Interior of buildings, sites, structures, and districts that
have attained a quality of significance as determined by the historic preservation
act of 1966, as amended.
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Noncontributing building means a building which does not add to the district's
sense of time and place and historic development; or one where the location,
design, setting, materials, workmanship, feeling and association have been so
altered or have so deteriorated that the overall integrity of the building has been
irretrievably lost.
Ordinary maintenance or repair means any work for which a building permit is
not required by law, where the purpose and effect of such work is to correct any
physical deterioration or damage of an improvement, or any part thereof by
restoring it, as nearly as practical, to its appearance prior to the occurrence of such
deterioration or damage.
Reconstruction means the process of reproducing by new construction the exact
form and detail of a demolished building, structure or object as it appeared at a
certain point in time.
Rehabilitation means the process of repairing or altering an historic building so
that an efficient contemporary use is achieved, while preserving those significant,
historical, architectural or cultural features which establish the character of the
property.
Relocation means the act of preserving an historic structure which cannot remain
on its existing site by physically moving it to a new location.
Restoration means the act of accurately recovering the form and details of a
property as it appears at a particular period of time, which may involve the
removal of later additions or alterations, or the replacement of missing features.
Review guide means the component of the designation report prepared by the
historic landmark office which lists some of the more prominent features which
contribute to the overall character of a structure and/or district. The review guide
may be used to address the impact of new construction, additions, modifications,
alterations and/or renovations which may become the subject of some future
certificate of appropriateness or to address the existing physical characteristics,
and may be used to determine whether or not elements which create the character
of the structure and/or district are present, or whether subsequent changes to the
property have rendered it ineligible for listing.
Secretary of the Interior's Standard for Rehabilitation (Revised March 1990)
means measures which provide guidance on the sensitive rehabilitation of an
historic property. The ten (10) standards generally address design issues which
include: character defining elements; changes which have occurred over the
course of the property's history; desirable approaches to the repair of damaged
features; appropriate cleaning methods; archaeological resources; and new
construction in connection with an historic property.
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Structure means a combination of materials to form a construction for use,
occupancy, or ornamentation, whether installed on, above, or below the surface of
land or water.
Transfer of development rights (TDRs) means the transfer of development rights
or undeveloped floor area from lots containing a designated historic landmark or
within a designated historic landmark or within a designated historic landmark
district in order to encourage historic preservation and to provide an economic
incentive to property owners.
Undue economic hardship means an exceptional financial burden that would
amount to the taking of property without just compensation, or failure to achieve a
reasonable economic return in the case of income producing properties.
Section 2. Creation and Duties of the Board.
There is hereby created a Historic Preservation Board, as an advisory board for the City
Commission. The board hereby vested with power, authority and jurisdiction to
designate, regulate and administer historical, cultural, archeological and architectural
resources in the City.
(a) The historic preservation board shall consist of five (5) seven 7 members, to be
confirmed by the City Commission; each member of the City Commission shall appoint
One (1) member; The Mayor shall appoint the Chairperson of the board. Two of the
members shall be selected at large by the City Commission.
(b) The City Commission should attempt to appoint architects, realtors, archeologists,
historians, art historians, lawyers or other individuals from business, financial and other
segments of the community who, by virtue of their profession or business have
demonstrated concern for historic preservation.
(c) It is intended that members of the historic preservation board established by this
section shall be persons of knowledge, experience, mature judgment, and background,
having ability and desire to act in the public interest and representing insofar as may be
possible the various special professional training, experience, and interest required to
make informed and equitable decisions concerning conservation and protection of the
physical environment.
(d) The term of office of membership shall be two (2) years for each member. Members
shall be eligible for reappointment.
(e) Any vacancy occurring on the board shall be filled by the City Commission for the
remainder of the unexpired term.
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(f) Special advisors may be appointed by the City Commission upon recommendation by
the historic preservation board.
Section 3. Powers and Duties of Board.
The Historic Preservation Board shall have the following enumerated powers and duties:
(a) Designate individual sites, districts and archeological and paleontological
zones with the consent of the City Commission.
(b) Maintain and update files from any previously accomplished historic
survey within the City for the purpose of identifying and conserving those
sites, districts and zones of special historic, aesthetic, architectural,
archeological, cultural, social, or political value or interest.
(c) Recommend to the City Commission properties for designation as historic
landmarks and historic landmark districts. Regulate and administer
properties as historic landmarks and historic landmark districts.
(d) To approve or deny certificates of appropriateness pursuant to this
ordinance.
(e) Determine whether an historic landmark destroyed by fire or other natural
disaster should be reconstructed. If so, the board may recommend to the
City Commission that an exception to the zoning code be granted.
(f) Make recommendations to the City Commission concerning the transfer
of development rights on sites designated under this ordinance.
(g) Increase public awareness of the value of historic conservation by
developing and participating in public information programs.
(h) Make recommendations to the City Commission concerning the utilization
of grants from federal and state agencies or private groups and individuals,
and utilization of City funds to promote the preservation of
archaeologically, historically and aesthetically significant sites, districts
and zones.
(i) Approve historic markers and plaques and issue recognition to designated
historic landmarks and historic landmark districts within the City.
(j) Advise the City Commission on all matters related to the use,
administration and maintenance of City -owned designated historic
landmarks and historic landmark districts.
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Section 4. Procedures for Designation.
Properties which meet the criteria set forth in Section 5 herein below may be designated
as archaeological or historical sites in accordance with the following procedures.
(1) Proposals. Proposals for designation may be made by the owner, the board,
and City Commission and shall include but not limited to the legal description of
the site, photographs of the site, a statement of significance and other information
supporting the proposal.
(2) Designation report. For every proposed site, the City Manager or his designee
shall prepare a designation report containing the following information:
a. Statement of significance. A statement outlining the significance
of the proposed site, the criteria upon which the designation is
based and a physical description of the property.
b. Boundaries. A map or maps indicating proposed boundaries.
Archaeological site boundaries shall generally conform to natural
physiographic features which were the focal points for prehistoric
and historic activities or may be drawn along property lines,
streets, or geographic features to facilitate efficient management.
C. Recommendation. The designation report shall also contain a
recommendation on whether the Board should designate the
property as an archaeological site.
(3) Consideration by Board. The Board shall conduct a public meeting to
determine whether the proposed archaeological site meets the criteria outlined
herein for the purpose of considering all proposed designations and shall approve,
approve with conditions, amend or deny the proposed designation.
(4) Appeals. Appeals from deeisions of the Board may be made to the City
Ge s'sienThe dee-irion of the City Commission shall be a nixccr
(a Any aggrieved party may appeal any decision of the Board to the City
Commission by filing, within fourteen (14) days after the date of the decision, a
written notice of appeal and an appeal fee of two hundred dollars ($200.00) with
the Citv Clerk. The notice shall set forth conciselv the decision annealed from and
the reasons or grounds for the appeal.
b) The anneal shall be heard by the Citv Commission which shall hear and
consider all facts material to the appeal and render a decision promptly. The City
Commission may affirm, modify, or reverse the Board's decision. The decision of
the City Commission shall constitute final administrative review, and no petition
for rehearing or reconsideration shall be considered by the City. Appeals from
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decisions of the City Commission may be made to the courts as provided by the
Florida Rules of Appellate Procedure.
Section 5. Standards for Designation of Archaeological and Historical Landmarks
Properties may be designated as archaeological sites only if they have significance in the
archaeological heritage of the area, state, or nation; and meet one or more of the
following criteria:
(a) Are associated in a significant way with the life of a person important in
the past; or
(b) Are the site of a historic event with significant effect upon the community,
city state, or nation; or
(c) Exemplify the historical, cultural, political, economic, or social trends of
the community; or
(d) Have yielded, or are likely to yield, information important in prehistory or
history; or
(e) Contain any subsurface remains of historical or archaeological importance
or any unusual ground formations of archaeological significance; or
(f) Are designated in the City of Sunny Isles Beach Comprehensive Plan/or
Florida Master Site File.
Section 6. Enforcement of Maintenance and Repair Provisions.
Where the historic preservation board or board's staff determines that any improvement
within a designated historic landmark, or historic district is endangered by lack of
maintenance and repair, or that other improvements in visual proximity to an historic
landmark or historic landmark lack maintenance and repair to such an extent as to detract
from the desirable character of the historic landmark or historic landmark district, it shall
request appropriate officials or agencies of the City to require correction of such
deficiencies under authority of applicable laws and regulations.
Section 7. Unsafe Structures.
In the event the building official determines that any structure within a designated
historic landmark or historic landmark district is unsafe pursuant to the Florida Building
Code, he shall immediately notify the historic preservation board with copies of such
findings. Where reasonably feasible within applicable laws and regulations the building
official shall endeavor to have the structure repaired rather than demolished and shall
take into consideration any comments and recommendations by the board. The board
may take appropriate actions to effect and accomplish preservation of such structure
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including, but not limited to, negotiations with the owner and other interested parties,
provided that such actions do not interfere with procedures in the Florida Building Code.
Section 8. Filing a Report.
The Board through the City Manager or designee shall annually file a report with the
Clerk of the Board of Miami -Dade County Commission. This report shall briefly state the
name, address and qualification of its historic preservation board members; when each
member joined and, if applicable left the board; the name, address and telephone number
of its historic preservation staff members and consultants; and the number of designation
reports and certificates of appropriateness prepared and considered in that year. Attached
to the report shall be a copy of the minutes of the meetings of the municipality's historic
preservation board for that year and any designation reports and certificates of
appropriateness by its staff during that year.
Section 9.
Economic Incentives
It is the policy of the City to assist the owners of historic properties to obtain applicable
State and Federal tax benefits for preserving historical properties.
Section 10. Decisions on Certificates of Appropriateness
The Board's decision on an application for a certificate of appropriateness shall be based
upon an evaluation of the compatibility of the physical alteration or improvement with
surrounding properties and where applicable compliance with the following:
a. The Secretary of Interior's Standard for Rehabilitation and Guidelines for
Rehabilitating historic buildings as revised from time to time; and
b. Other guidelines/policies/plans adopted or approved by resolution or
ordinance by the City Commission.
Section 11. Penalties for Violation.
Any person who carries out or causes to be carried out any work in violation of this
article shall be required to restore the subject improvement, landscape feature, or site,
either to its appearance prior to the violation or in accordance with a certificate of
appropriateness approved by the historic preservation board. This civil remedy shall be in
addition to and not in lieu of any criminal prosecution and penalty otherwise provided
under State law.
Section 12. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in
conflict herewith be, and the same, are hereby repealed
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Section 13. Severability. If any section, subsection, clause or provision of this
Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the
remainder shall not be affected by such invalidity.
Section 14. Inclusion In The Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the City of Sunny Isles Beach Code; that the sections of this Ordinance may be
renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 15. Effective Date. This Ordinance shall take effect ten (10) days after
adoption at second reading.
PASSED and ADOPTED on First Reading the '14" day of � 6,
2004.
PASSED and ADOPTED on Second Reading this ,;Q day of
2004.
S. Edelcup,
ATTEST:
Jane A. Hines, City Clerk
APPROVED AS TO FORM
AND LEG�FICIFNC
LYgh IVf ITaff*As#, City Attorney
Moved by:�4(�AD Y O &S 1'rvAA)
Second by: a VY\ Mx SSA)! 19 , LC - S�
VOTE AS FOLLOWS: SJ —G)
Mayor Edelcup
() no
Vice Mayor Goodman
�5-yes
yes
(� no
Commissioner Brezinyes
no
Commissioner Iglesias
(_;Yves
() no
Commissioner Thaler
(___) yes
() no
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°sue o'
FLOR\ O"4
Or SUN 'N
City of Sunny Isles Beach
17070 Collins Avenue. Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 947-2150 Building Department
(305) 949-3113 Fax
MEMORANDUM
TO: The Honorable Norman S. Edelcup, Mayor
The Honorable Gerry Goodman, Vice Mayor
The Honorable Roslyn Brezin, Commissioner
The Honorable Danny Iglesias, Commissioner
The Honorable Lewis J. Thaler. Commissioner
FROM: Lynn M. Dannheisser, City Attorneo(
DATE: September 9, 2004
RE: Historic Preservation Ordinance
Citv Commission
Norman S. idelcup, Mayor
Germ Goodman, Vtce,No}nr
Roslyn Brezi n, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
Christopher J. Russo, City Manager
Lynn M. Dannheisser. Cigv Anorney
Jane A. Hines. Ciiy Clerk
At the previous commission meeting, the City Commission appointed two (2) additional
members to the Historic Preservation Board. As such, it is necessary to revise the
Historic Preservation Ordinance to indicate that the Board will consist of seven (7)
members.
Additionally, the appeal process has been "beefed up" because the Board sits in a
quasi-judicial capacity when it designates a property as historical.
LMD/jb