(A)

Historic and Archeological Site Designation Guidelines.

(1)

The Board shall use the following guidelines for reviewing projects proposed for designation as historic properties and sites or for properties within historic districts and for the purpose of recommending the designation of areas, places, buildings, structures, landscape features, archeological and paleontological sites and other improvements or physical features, as individual sites, districts or archeological or paleontological zones that meet at least one of the following criteria:

(a)

Are significant in South Miami and Miami-Dade County's history, architecture, paleontology, archeology or culture and that possess an integrity of location, design, setting, materials, workmanship or association.

(b)

Are associated with distinctive elements of the cultural, social, political, economic, scientific, religious, prehistoric, paleontological and architectural history that have contributed to the pattern of history in the South Miami community, Miami-Dade County, south Florida, the State of Florida or the nation.

(c)

Are associated with the lives of persons significant in our past.

(d)

Embody the distinctive characteristics of a type, period, style or method of construction or work of a master; or that possess high artistic value; or that represent a distinguishable entity whose components may lack individual distinction.

(e)

Have yielded, or are likely to yield information in history or prehistory;

(f)

Are listed in the National Register of Historic Places.

(2)

Properties not generally considered; exceptions. Certain properties, which include cemeteries, birthplaces, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, properties commemorative in nature and properties that have achieved significance within the last fifty (50) years, will not normally be considered for designation. However, such properties will qualify if they are integral parts of districts that do meet the criteria, or if they fall within the following categories:

(a)

A religious property deriving primary significance from architectural or artistic distinction of historical importance.

(b)

A building or structure removed from its location but which is primarily significant for architectural value, or is the surviving structure most importantly associated with an historic event or person.

(c)

A birthplace or grave of an historical figure of outstanding importance if there is no other appropriate site or building directly associated with his/her productive life.

(d)

A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, distinctive design features, or from association with historic events.

(e)

A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance.

(f)

A property or district achieving significance within the past fifty (50) years if it is of exceptional importance.

(B)

Demolition of Historic Structure Guidelines. In addition to all other provisions of this Code, the Board shall consider the following standards in evaluating applications for demolition of designated historic structures.

(1)

Is the structure of such interest or quality that it would reasonably meet national, state or local criteria for designation as an historic or architectural landmark?

(2)

Is the structure of such design, craftsmanship or material that it could be reproduced only with great difficulty and/or expense?

(3)

Is the structure one of the last remaining examples of its kind in the area, city, county or region?

(4)

Does the structure contribute significantly to the historic character of a designated district?

(5)

Would retention of the structure promote the general welfare of the city by providing an opportunity for study of local history, architecture and design or by developing an understanding of the importance and value of a particular culture and heritage?

(6)

Are there definite plans for reuse of the property if the proposed demolition is carried out, and what will be the effect of those plans on the character of the surrounding area?

(Ord. No. 42-11-2115, § 3, 12-6-11)

(A)

Report Required. Prior to the designation of an individual historic or archeological site, an investigation and formal designation report must be filed with the Historic Preservation Board.

(B)

Historic Preservation Board Recommendation. The Historic Preservation Board shall make recommendations to the City Commission concerning all properties proposed as historic sites, districts or archeological zones.

(C)

Proposals and Preliminary Evaluation and Recommendation.

(1)

Application for designation of individual properties and districts may be made to the Planning and Zoning Department by any member of the Historic Preservation Board, the Environmental Review and Preservation Board, the City Commission, the City administration or the property owner(s) of the subject property for designation.

(2)

The Historic Preservation Board shall conduct a preliminary evaluation of available data for conformance with the criteria set forth herein and may direct the preparation of a formal designation report by one of the members of the Board. The Historic Preservation Board may then meet as a body and develop recommendations to transmit to the City Commission regarding designations.

(D)

Historic Preservation Board Findings.

(1)

If the Board finds that the proposed designation meets the intent and criteria set forth in this Code, it shall transmit such recommendation to the Planning Board and City Commission with the designation report and any additions or modifications deemed appropriate.

(2)

If the Board finds that the proposed designation does not meet the intent and criteria in this Code, no further action shall be required, except that the Board's action may be appealed in accordance with the provisions of this Code.

(E)

Planning Board Review.

(1)

Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP-OV" Historic Preservation Overlay zone for the property set forth in the historic designation report.

The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off-street parking. The review shall be pursuant to the provisions set forth in Section 20-5.5, Applications requiring public hearings. The recommendation of the Planning Board on the proposed designation shall be transmitted to the City Commission.

(F)

City Commission Public Hearing.

(1)

Public Hearing Requirement. The City Commission shall hold a public hearing, pursuant to the provisions set forth in Section 20-5.5(G) and notice requirements of subsection (2) and as required by the provisions of the City Charter, on each proposed designation within sixty (60) calendar days of the recommendation by the Historic Preservation Board and/or the filing of the completed designation report.

(2)

Notice Requirement. At least ten (10) calendar days prior to the public hearing for each proposed designation of an individual site, district or zone, the Planning and Zoning Director shall mail a copy of the designation report to the owner at the address listed on the most recent tax rolls as notification of the intent of the City Commission to consider designation of the property.

(3)

Objections. Upon notification, any owner of a property proposed for individual designation who wishes to object shall submit to the City Clerk's Office a notarized statement certifying the objection to the designation.

(Ord. No. 42-11-2115, § 4, 12-6-11)

(A)

Report Format and Contents. Report format designating historic or archeological sites may vary according to the type of designation. All reports shall address the following:

(1)

Historical, cultural, architectural and archeological significance of the property or properties being recommended for designation;

(2)

Projected, proposed or existing public improvements and developmental or renewal plans;

(3)

Boundary recommendations for historic districts and archeological zones and identification of boundaries of individual sites being designated.

(B)

Nonconforming Properties. Where a report is filed recommending designation of a district, the report must identify those properties, if any, within the district which are not historically or architecturally compatible with structures in the district, and such report shall provide standards for regulating such nonconforming properties.

(Ord. No. 42-11-2115, § 5, 12-6-11)

(A)

Order Required. Demolition of a designated building, structure, improvement, or site may only occur pursuant to an order of a governmental agency or a court of competent jurisdiction or pursuant to an approved application by the owner. Demolition by neglect or significant degradation of a designated building, structure, improvement, or site is hereby declared to be a violation of this Code, and is subject to the penalties and provisions set forth under Section 20-6.

(B)

Notice Required.

(1)

Governmental agencies having the authority to demolish unsafe structures shall receive notice of designation of individual sites, districts, or archeological zones pursuant to this Code from the Historic Preservation Board.

(2)

The Historic Preservation Board shall be deemed an interested party and shall be entitled to receive notice of any public hearings conducted by said governmental agency and the owner relative to the feasibility of, and the public interest in, preserving the designated property, or significant relics and artifacts.

(C)

Demolition Approval.

(1)

No permit for voluntary demolition of a designated building, structure, improvement or site shall be issued to the owner thereof until an application for approval and the reasons therefore have been submitted to and approved by the Planning and Zoning Department pursuant to the procedures in this Code.

(2)

The Historic Preservation Board may petition the City Commission to place a hold on the demolition permit process to allow the Board time to determine whether there is a person, group, agency or entity ("interested person") who, in the opinion of the Board, is ready, willing and able to make reasonable arrangements with the owner for the preservation of the property or who, in the opinion of the Board, is ready, willing and reasonably able to raise money for the same or similar purpose or to take any action provide for in this Section for the preservation or protection of the property. However, in no event shall the delay exceed sixty (60) days ("Initial Delay Period"), unless a member of the Board notifies the City Commission that an interested person has been identified. Notice to the City Commission shall be in writing and delivered to the City Clerk by United States mail, facsimile transmission, e-mail or any other acceptable means, including by hand delivery. The notice shall be delivered to the City Commission before the expiration of the Initial Delay Period. If such notice is timely delivered to the City Commission, the City Commission shall address the matter at its next Commission meeting at which time it may delay the demolition for six (6) months to allow the interested person time to make arrangements with the owner, and/or to raise necessary funds. However, if the City Commission fails to vote on the matter and if the matter is not voted upon at the next two (2) scheduled City Commission meetings, the hold on the demolition process shall be lifted the next business day following the last of such meetings. If the Commission grants an extension, the Board, before the expiration of the extension, shall present the Planning and Zoning Director with a status report and the City Manager shall present the report to the City Commission. Thereafter, the City Commission may delay the demolition for a period not to exceed six (6) months to allow the interested party time to make satisfactory arrangement with the owner for the preservation of the property. At the end of this period of time, the permit hold shall be lifted and the owner shall be allowed to proceed with the demolition permitting procedure.

(3)

The Planning and Zoning Department ("the Department") shall not grant demolition approval without first preparing a written report or memorandum detailing the public interest that will be served if the demolition application is approved. The report or memorandum shall be sent to the Historic Preservation Board thirty (30) days before the demolition application is approved by the Department.

(4)

The Historic Preservation Board, or any interested person or entity, may petition or appeal to the City Commission to overrule the decision to grant demolition approval and the applicant, or any interested person or entity, may petition or appeal to the City Commission to overrule the denial of demolition approval.

(D)

Structure Preservation.

(1)

During the demolition delay period, the Board may take such action as it deems necessary to preserve the structure concerned, in accordance with the purposes of this Code.

(2)

Such steps may include, but shall not be limited to:

(a)

Consultation with civic groups, agencies and interested citizens;

(b)

Recommendations for acquiring property by public or private bodies or agencies; and

(c)

Exploration of the possibility of moving one or more structures or other features.

(E)

Certificate of Appropriateness.

(1)

Certificate Required as Prerequisite to Alteration, Etc. Pursuant to a recommendation by the Planning and Zoning Director of the need for an appropriateness review, no building, structure, improvement, landscape feature, or archeological site within the City of South Miami which is designated pursuant to this Code shall be erected, altered, restored, renovated, excavated, moved, or demolished until an application for a "Certificate of Appropriateness" regarding any architectural features, landscape features, or site improvements has been submitted to and approved by the Historic Preservation Board or by the City Commission upon appeal.

Architectural features shall include, but not be limited to, the architectural style, scale, massing, siting, general design, and general arrangement of the exterior of the building or structure, including the type, style and color of roofs, windows, doors and appurtenances. Landscape features and site improvements shall include, but are not limited to, site regarding, subsurface alterations, fill deposition, paving, landscaping, walls, fences, courtyards, signs and exterior lighting.

No certificate of appropriateness shall be approved unless the architectural plans for said construction, alteration, excavation, restoration, renovation, or relocation are approved by the Historic Preservation Board or by the City Commission upon appeal. A certificate of appropriateness requesting a demolition permit for a designated historic structure must receive approval of the City Commission regardless of whether or not an appeal has been filed.

(2)

Standards for Issuance. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for any certificate of appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote maintenance, restoration, adaptive reuses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. These guidelines may also serve as criteria for the Planning and Zoning Director to make decisions regarding the need for an application for a certificate.

(3)

Procedures.

(a)

An applicant for a certificate of appropriateness shall submit an application to the Planning and Zoning Department and accompany such application with full plans and specifications, site plan, and samples of materials as deemed appropriate to fully describe the proposed appearance, color, texture, or materials, and architectural design of the building and any outbuilding, wall, courtyard, fence, landscape feature, paving, signage, and exterior lighting.

The applicant shall provide adequate information to enable visualization of the effect of the proposed action on the applicant's building and its adjacent buildings and streetscapes.

If such application involves a designated archeological site, the applicant shall provide foil plans and specifications of work that may affect the surface and subsurface of the archeological site.

(b)

The Historic Preservation Board shall review upon an application for a certificate of appropriateness affecting designated properties at a public meeting. The Board may approve, deny, or approve an application with conditions.

(4)

Appeals from Board Decision.

(a)

An applicant or any interested party may appeal to the City Commission within fifteen (15) days, a certificate of appropriateness decision made by the Historic Preservation Board. The appeal shall be submitted to the City Clerk on a form provided by the City Clerk.

The City Commission may approve, deny, or approve in modified form an application on appeal, subject to the acceptance of the modification by the applicant, or suspend action on the application for a period not to exceed thirty (30) days in order to seek technical advice from outside its members or to meet further with the applicant to revise or modify the application. Notice of the public hearing by the City Commission shall be given to the applicant, property owner(s) and appellant by certified mail and to other interested parties by publication at least ten (10) days prior to the public hearing.

(b)

The decision of the City Commission on the appeal shall be issued in writing. Evidence of approval of the appeal and the application shall be by certificate of appropriateness issued in the form of a resolution of the City Commission.

(c)

If the appeal is denied, or modification is recommended, the City Commission shall, to the extent possible, make specific findings as to the reasons for denial and modification, and recommend appropriate changes, if possible.

(5)

Compliance of Work with Certificate Standards. All work performed pursuant to the issuance of any certificate of appropriateness shall conform to the requirements of the certificate. The City Manager shall designate an official to perform necessary inspections in connection with enforcement of this chapter, who shall be empowered to issue a stop work, order if performance is not in accordance with the issued certificate.

No work shall proceed as long as a stop work order continues in effect. Copies of inspection reports shall be furnished to the City Manager and copies of any stop work orders shall be furnished to both the Historic Preservation Board and the applicant. The designated official shall ensure that work not in accordance with a certificate of appropriateness shall be corrected to comply with the certificate of appropriateness prior to withdrawing the stop work order.

(6)

Emergency, Temporary Measures. For the purpose of remedying emergency conditions determined to be dangerous to life, health, or property, nothing contained herein shall prevent the making of any temporary construction, reconstruction, or other repairs to a building or site, pursuant to an order of a government agency or a court of competent jurisdiction.

The owner of a building damaged by fire or natural calamity shall be permitted to stabilize the building immediately without approval and to rehabilitate it later under the normal review procedures of this chapter.

(7)

Undue Economic Hardship.

(a)

Where, by reason of particular site conditions and restraints, or because of unusual circumstances applicable solely to the particular applicant property, strict enforcement of the provisions of section 20-11.4(E), pertaining to Certificates of Appropriateness, would result in undue economic hardship to the applicant, the Board shall have the power to vary or modify adherence to this Article; provided always that its requirements ensure harmony with the general purposes hereof and will not adversely affect the city of South Miami.

(b)

For purposes of this section, "undue economic hardship" means that denial of the applicant's request would directly restrict or limit the use of real property such that the property owner is permanently unable to attain the reasonable, investment-backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public.

(c)

Failure to submit a claim of undue economic hardship within the timeframe required by this section shall be construed as a waiver or forfeiture of any such claim as to the subject application and shall preclude a party from claiming economic hardship during any proceedings on that application.

(d)

In any instance where there is a claim of undue economic hardship, the owner shall submit, by affidavit, to the Board at least fifteen (15) days prior to the public meeting, the following information:

(1)

For all claims involving applications for demolition:

(i)

The amount paid for the property, the date of purchase and the party from whom purchased;

(ii)

The assessed value of the land and improvements thereon according to the two (2) most recent assessments;

(iii)

Annual expenses on the property, including real estate taxes and insurance, for the previous two (2) years;

(iv)

Annual debt service, if any, for the previous two (2) years;

(v)

All appraisals obtained within the previous two (2) years by the owner or applicant in connection with his purchase, financing or ownership of the property;

(vi)

Any listing of the property for sale or rent, price asked and offers received, if any;

(vii)

Any consideration by the owner as to profitable adaptive uses for the property;

(viii)

All cost estimates or reports relating to the demolition of the property obtained within the previous two (2) years;

(ix)

All cost estimates or reports relating to the rehabilitation or restoration of the property obtained within the previous two (2) years;

(x)

All reports relating to the engineering, architectural, or construction feasibility of rehabilitating or restoring the property obtained within the previous two (2) years;

(xi)

All reports relating to the economic feasibility of restoring or rehabilitating the property obtained within the previous two (2) years, including market studies; and

(xii)

A statement as to whether the property is the applicant's homestead, which may be demonstrated by presenting a current Homestead Tax Exemption issued pursuant to Chapter 196, Florida Statutes.

(2)

For all claims involving applications for rehabilitation, restoration, or repairs:

(i)

At least two (2) cost estimates from a licensed contractor or professional company for the work which is the basis of the claim;

(ii)

At least two (2) cost estimates for the materials or alternatives preferred by applicant;

(iii)

If applicable, a statement from the insurance company as to what costs would be covered;

(iv)

A statement providing the annual income and expenses of the property owner or business owner of that property for the preceding year, including insurance and property taxes.

(3)

For income-producing properties, applications shall also include the following information:

(i)

Annual gross income from the property for the previous two (2) years;

(ii)

Itemized operating and maintenance expenses for the previous two (2) years; and

(iii)

Annual cash flow, if any, for the previous two (2) years.

(e)

The Board may require that an applicant furnish such additional information as the Board believes is relevant to its determination of undue economic hardship. The owner shall permit access to the subject property for the purpose of inspections and/or appraisals required by the board or preservation officer. In the event that any of the required information is not reasonably available to the applicant and cannot be obtained by the applicant, the applicant shall file with his affidavit a statement of the information which cannot be obtained and shall describe the reasons why such information cannot be obtained.

(f)

In addition to all other provisions of this Chapter, the Board shall consider the following in evaluating economic hardship claims:

(1)

Whether a reasonable effort has been made to market or sell the property;

(2)

Whether estimates that have been given for rehabilitation or restoration are substantiated by qualified professionals, and whether more than one has been provided;

(3)

Whether the building passed its 40-year recertification or any structural investigations have been performed in the last five (5) years on the property;

(4)

Whether any legally binding contracts are pending on the subject property;

(5)

Whether the cost of renovation, rehabilitation or preservation will be greater than the assessed value of the property;

(6)

Whether records have been provided of any maintenance or repairs performed, or lack thereof, which would indicate that there has been deferred maintenance on the property; and

(7)

Whether, for condominium or cooperative ownership properties, monthly maintenance fees have been collected, and whether any special assessments have been approved in the last five (5) years for particular projects.

(Ord. No. 42-11-2115, § 6, 12-6-11; Ord. No. 10-22-2431, § 2, 4-19-22; Ord. No. 02-24-2487, § 3(Exh. B), 2-6-24)

(A)

Non-Conforming Signs. Notwithstanding the provisions of Section 20-4.3(K), all existing nonconforming signs located on a designated historic site may be repaired, altered, modified, copy changed, expanded, replaced, or replicated provided that the Historic Preservation Board approves and issues a certificate of appropriateness.

(B)

Off-Street Parking Requirements. Notwithstanding the provisions of Section 20-4.4, designated historic sites are exempt from all parking requirements.

(C)

Damage to a Nonconforming Structure. Notwithstanding the provisions of Subsection 20-4.8(G) if a nonconforming designated historic structure is damaged by more than fifty (50) percent of its replacement value such structure may be repaired or reconstructed to the same footprint, height, and density; providing that the architectural style, design and historic context is consistent with the original designation as evidenced by the issuance of a certificate of appropriateness by the Historic Preservation Board.

(D)

Variances for Designated Historic Sites. Notwithstanding the provisions of Section 20-5.5 and Section 20-6.1(3)(h), the authority for hearing and recommending upon a variance request submitted for a designated historic site or for a contributing building within a designated historic district, shall be vested in the Historic Preservation Board subject to the following conditions and restrictions:

(1)

The Planning and Zoning Department shall review all plans for alterations, additions, restoration or renovation of designated historic site prior to the applicant's submission for a Certificate of Appropriateness and shall determine if there is a required variance in connection with the proposed construction.

(2)

The variance in conjunction with an application for a Certificate of Appropriateness, if approved, shall result in significant historic renovation or preservation.

(3)

The Planning and Zoning Department and the Historic Preservation Board shall follow the same procedural steps for the application, review and recommending upon a variance as specified herein for the Planning Board under Section 20-5.5. There shall be no fees charged for the variance application.

(4)

Recommendations by the Historic Preservation Board on a requested variance in conjunction with an application for a Certificate of Appropriateness shall not require a finding of hardship or extraordinary conditions.

(5)

The granting of a Certificate of Appropriateness with a variance shall be subject to approval by the City Commission, upon recommendation from the Historic Preservation Board.

(Ord. No. 42-11-2115, § 7, 12-6-11)