It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of properties of historical, cultural, archeological, paleontological, aesthetic and architectural merit are in the interests of the health, prosperity and welfare of the people of Village of Palmetto Bay. Therefore, this division is intended to:

(a)

Effect and accomplish the protection, enhancement and perpetuation of buildings, structures, improvements, landscape features, paleontological and archeological resources of sites and districts which represent distinctive elements of the county's cultural, social, economic, political, scientific, religious, prehistoric and architectural history;

(b)

Safeguard the village and Miami-Dade County's historical, cultural, archeological, paleontological and architectural heritage, as embodied and reflected in such individual sites, districts and archeological zones;

(c)

Foster civic pride in the accomplishments of the past;

(d)

Protect and enhance the village's attraction to visitors and the support and stimulus to the economy thereby provided; and

(e)

Promote the use of individual sites and districts for the education, pleasure and welfare of the people of Village of Palmetto Bay.

(Ord. No. 2012-14, § 2, 7-9-2012)

For the purpose of this division, the terms below shall be defined as follows:

Archeological or paleontological zone. An area designated pursuant to Section 16A of Miami-Dade County Code of Ordinances, which is likely to yield information on the paleontology, history and prehistory of Village of Palmetto Bay and Miami-Dade County based on prehistoric settlement patterns in Miami-Dade County as determined by the results of the Miami-Dade County historic survey. These zones will tend to conform to natural physiographic features which were the focal points for prehistoric and historic activities and paleontology.

Certificate of appropriateness. A certificate issued by Miami-Dade County permitting certain alterations or improvements to a designated individual site or property in a designated district.

Certificate to dig. A certificate that gives permission for certain digging projects that may involve the discovery of as yet unknown or known archeological or paleontological sites in an archeological or paleontological zone. This certificate is issued pursuant to Section 16A of the Miami-Dade Code of Ordinances.

Certificate of recognition. A certificate issued by the board recognizing properties designated pursuant to this division.

Demolition. The complete constructive removal of a building on any site.

Designated property. A property which has received historic preservation designation by the National Historic Register, State of Florida, or Miami-Dade County.

Districts. A collection of archeological or paleontological sites, buildings, structures, landscape features or other improvements that are concentrated in the same area and have been designated as a district pursuant to Section 16A of the Miami-Dade Code of Ordinances.

Exterior. All outside surfaces of a building or structure.

Guidelines for designation. Criteria pursuant to Section 16A of the Miami-Dade Code of Ordinances to be used by staff in determining the validity of applications for a regular certificate of appropriateness and any certificate to dig and to establish a set of guidelines for the preservation of buildings in South Florida.

Historic preservation board. An advisory board as created by this division as described in section 30-150.3.

Historic survey. A comprehensive survey compiled by the Historic Preservation Division of the Miami-Dade County Office of Community and Economic Development involving the identification, research and documentation of buildings, sites and structures of any historical, cultural, archeological, paleontological or architectural importance in Miami-Dade County, Florida.

Individual site. An archeological site, a paleontological site, building, structure, place or other improvement that has been designated as an individual site pursuant to this division. Pursuant to Section 16A of the Miami-Dade Code of Ordinances, interior spaces may be regulated only where a building or structure is a designated individual site and where its interiors are specifically designated.

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.

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 significance as determined by the Historic Preservation Act of 1966, as amended.

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.

Owner of a designated property. As reflected on the current Miami-Dade County tax rolls or current title holder.

Regular certificate of appropriateness. A regular certificate of appropriateness shall be issued Miami-Dade County for all designated properties, based on the guidelines for preservation pursuant to Section 16A of the Miami-Dade Code of Ordinances.

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 without just compensation.

(Ord. No. 2012-14, § 2, 7-9-2012)

There is hereby created a historic preservation board, as an advisory board for the village.

(a)

The historic preservation board shall consist of five members, each member of the village council shall appoint one member; the mayor shall appoint the chairperson of the board; and all members confirmed by the village council, as a whole.

(b)

The board shall be comprised of architects, planners, archeologists, historians, art historians, historic preservationist. One member of the advisory board by virtue of the civic involvement or concern for historic preservation may be appointed to the advisory board.

(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 a term of two-years for each member. Members shall be eligible for reappointment. Terms shall not automatically renew. Each advisory board position shall expire at the end of the two-year term and shall remain vacant until reappointment or selection of new advisory board member occurs.

(e)

Any vacancy occurring on the advisory board shall be filled by the mayor and village council for the remainder of the unexpired term.

(f)

Special advisors may be appointed by the mayor and village council upon recommendation by the historic preservation board.

(Ord. No. 2012-14, § 2, 7-9-2012)

The village recognizes through the county's home rule authority that the designation of any property, creation of any district or listing, and the issuance of the any certificate is preempted by Miami-Dade County. The village's historic preservation board shall serve as a supplementary advisory board which has the authority to forward recommendations to the mayor and village council with whom shall have the authority to issue recommendations to the appropriate board/agency of Miami-Dade County. The historic preservation board shall have the following enumerated powers and duties:

(a)

Recommend designation of individual sites, districts and archeological and paleontological zones to the mayor and village council.

(b)

Recommend to the mayor and village council properties for designation as historic landmarks and historic landmark districts.

(c)

Recommend approval or denial of certificates of appropriateness pursuant to this division and the requirements of Miami-Dade County.

(d)

Recommend to the mayor and village council whether a historic landmark destroyed by fire or other natural disaster should be reconstructed. If so, the advisory board may recommend to the village that an exception to the zoning code be granted.

(e)

Make recommendations to the mayor and village council concerning the transfer of development rights on sites designated under this division.

(f)

Increase public awareness of the value of historic conservation by developing and participating in public information programs.

(g)

Make recommendations to the mayor and village council concerning the utilization of grants from federal and state agencies or private groups and individuals, and utilization of village funds to promote the preservation of archaeologically, historically and aesthetically significant sites, districts and zones.

(h)

Approve historic markers and plaques and issue recognition to designated historic landmarks and historic landmark districts within the village.

(i)

Advise the village on all matters related to the use, administration and maintenance of village-owned designated historic landmarks and historic landmark districts.

(Ord. No. 2012-14, § 2, 7-9-2012)

Review criteria and eligibility for all recommendations issued by the advisory board shall be pursuant to Section 16A of the Miami Dade Code of Ordinances.

(Ord. No. 2012-14, § 2, 7-9-2012)

Applications for historic preservation, whether reviewed by the advisory board or the council, shall be consistent with Section 16A of the Miami Dade Code of Ordinances. Any recommendation of the advisory board shall be forwarded to the village council for their consideration. Final recommendation by the council shall be forwarded to the appropriate board/agency of Miami-Dade County.

(Ord. No. 2012-14, § 2, 7-9-2012)

As both the advisory board and the village council act as advisory groups to the Miami-Dade County review for historic preservation, appeals of the Miami-Dade County decision shall be pursuant to the county's regulations relating to same.

(Ord. No. 2012-14, § 2, 7-9-2012)

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 village to require correction of such deficiencies under authority of applicable laws and regulations.

(Ord. No. 2012-14, § 2, 7-9-2012)

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 or she 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 advisory board. The advisory board may take appropriate actions to effect and accomplish preservation of such structure, 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.

(Ord. No. 2012-14, § 2, 7-9-2012)

It is the policy of the village to assist the owners of historic properties to obtain applicable state and federal tax benefits for preserving historical properties. 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 village.

(Ord. No. 2012-14, § 2, 7-9-2012)

Any person who carries out or causes to be carried out any work in violation of this division and Miami-Dade County, Chapter 16A, 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 Miami-Dade County. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty otherwise provided under state law.

(Ord. No. 2012-14, § 2, 7-9-2012)

This section shall stand repealed on October 1, 2014, unless reviewed and saved from repeal through reenactment by the mayor and village council.

(Ord. No. 2012-14, § 2, 7-9-2012)