Section 10. Designation Process and Procedure.

I. The Board shall have the authority to designate areas, places, buildings, structures, landscape features, archeological sites and other improvements or physical features, as individual sites, districts, or archeological zones that are significant in Dade County's history, architecture, archeology, or culture and possesses an integrity of location, design, settings, materials, workmanship or association, or:

(A) Are associated with distinctive elements of the cultural, social, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, Dade County, South Florida, the state or the national; or

(B) Are associated with the lives of persons significant in our past; or

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

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

(E) Are listed in the National Register of Historic places.

II. 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 years, will not normally be considered for designation. However, such properties will quality if they are integral parts of districts that to 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 values, 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 values has invested it with its own historical significance.

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

III. Prior to the designation of an individual site, a district, or an archeological zone, and investigation and designation report must be filed with the Board. The format of these reports may vary according to the type of designation, however all reports must address the following: The historical, cultural, architectural, and archeological significance of the property or properties being recommended for designation; a recommendation of boundaries for districts and archeological zones and identification of boundaries of individual sites being designated; a recommendation of standards to be adopted by the Board in carrying out its regulatory function under this ordinance with respect to Certificates of Appropriateness and Certificates to Dig. 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. The standards for regulating such non-conforming properties shall provide that a Certificate of Appropriateness may be required only for new construction of such properties. All reports shall take into consideration projected, proposed or existing public improvements and developmental or renewal plans.

IV. Procedure

(A) Petition of the Owner - the owner(s)of any property in unincorporated Dade County may petition this Board for designation of their property as an individual site, district or archeological zone provided that they appear before the Board with sufficient information to warrant the investigation of the property for future designation and the Board finds that the property may be worthy of designation. The Board shall, based on its findings, either direct the staff to begin the designation process or deny the petition. Nothing in this subsection shall be deemed to restrict the power of the Board to initiate the designation process pursuant to this section.

(B) Directive of the Board - The Board shall, upon recommendations from staff and the acceptance of petitions pursuant to Part IV, Section A of this section, direct staff to begin the designation process by preparing a designation report, pursuant to Part III of this section and any other standards the Board may deem necessary, and submitting this report according to the procedures described herein.

(C) Notification of Owner - For each proposed designation of an individual site, district, or archeological zone the Board is encouraged to obtain the permission of the property owner(s) within the designated area, and is responsible for mailing a copy of the designation report to the owner(s) as notification of the intent of the Board to consider designation of the property at least 15 days prior to filing of a designation report with the Board.

(D) Notification of Government Agencies - Upon filing of a designation report, the Secretary of the Board shall immediately notify the appropriate Building and Zoning Department, the appropriate Public Works Department and any other County or Municipal Agency, including agencies with demolition powers, that may be affected by said filing.

(E) Notification of a Public Hearing - For each individual site, district or archeological zone proposed for designation a public hearing must be held no sooner than 15 days and within 60 days from the date a designation report has been filed with the Board. Owners of record or other parties having an interest in the proposed designated properties, if known, shall be notified of the public hearing by certified mail to the last known address of the party being served; however, failure to receive notice shall not invalidate the same as such notice shall also be perfected by publishing a copy thereof in a newspaper of general circulation at least ten (10) days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to the proposed designation.

(F) Requirement of Prompt Decision and Notification - Within 7 days of a public hearing on a proposed individual site, district, or archeological zone the Board shall reduce to writing it decision to approve, deny, or amend the proposed designation and direct the Secretary of the Board to notify the following of it sanctions within a copy of the official minutes of the meeting, and a summary statement of the effects of this action.

(1) The appropriate Building and Zoning Department,

(2) The County Clerk,

(3) The appropriate Municipal Clerk when necessary,

(4) Owner(s) of the affected property and other parties having an interest in the property, if known,

(5) The appropriate Planning Department,

(6) The appropriate Public Works Department, and

(7) Any other County or Municipal Agency, including agencies with demolition powers, that may be affected by this action.

(G) The Board may amend or rescind any designation provided it complies with the same manners and procedures used in the original designation.

(H) Moratorium - Upon the filing of a designation report by the staff, the owner(s) of the real property which is the subject matter of the designation report shall not:

(1) Erect any structure on the subject property.

(2) Alter, restore, renovate, move or demolish any structure on the subject property, until such time, as final administrative action, as provided by this chapter, if completed.

Section 11. Application for Certificate of Appropriateness.

I. No building, structure, improvement, landscape feature or archeological site within Dade County which is designated pursuant to Section 10 of this Chapter 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 pursuant to the procedures in this section. Architectural features shall include, but not be limited to, the architectural style, scale, massing, setting, 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. Architectural features shall include, when applicable, interior spaces where interior designation has been given pursuant to Section 10 of this Chapter. Landscape features and site improvements shall include, but are not limited to, site regarding subsurface alternations, 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, relocation or demolition is approved by the Board.

II. The Board shall develop procedures for making application for both a Regular and Special Certificate of Appropriateness.

III. The Board shall adopt and may from time to time amend the standards by which applications for any Certificate of Appropriateness are to be measured and evaluated. In adopting these guidelines, it is the intent of the Board to promote maintenance, restoration, adaptive reuses appropriate to the property, and compatible contemporary designs which are harmonious with the exterior architectural and landscape features of neighboring buildings, sites and streetscapes. These guidelines shall also serve as criteria for staff to make decisions regarding applications for Regular Certificates of Appropriateness.

IV. Regular Certificates of Appropriateness - Based on the guidelines for preservation, the designation report, a complete application for Regular Certificate of Appropriateness, any additional plans, drawings or photographs to fully describe the proposed alteration and any other guidelines the Board may deem necessary, the staff of the Board shall, within ten (10) days from the date a complete application has been filed, approve or deny the application for a Regular Certificate of Appropriateness by the owner(s) of a designated individual site, or property within a designated district. The findings of the staff shall be mailed to the applicant within three (3) days of staff decision accompanied by a statement in full regarding the staff's decision. The applicant shall have an opportunity to challenge the staff decision by applying for a Special Certificate of Appropriateness within thirty (30) days of the staff's findings.

V. Special Certificates of Appropriateness

A. An applicant for a Special Certificate of Appropriateness shall submit his application to the Board pursuant to Section 10 of this Chapter and accompany such application to the Board with full plans and specifications, site plan, and samples of materials as deemed appropriate by the Board to fully describe the proposed appearance, color, texture or materials, and architectural design of the building and any outbuilding, wall, courtyard, fence, landscape features, paving, signage and exterior lighting. The applicant shall provide adequate information to enable the Board to visualize the effect of the proposed action the applicant's building and its adjacent buildings and streetscapes. If such application involves a designated archeological site the applicant shall provide full plans and specifications of work that may affect the surface and subsurface of the archeological site.

B. The Board shall hold a public hearing upon an application for a Special Certificate of Appropriateness affecting property under its control. In such instances, notice and procedure of the public hearing shall be given to the property owner(s) by certified mail and to other interested parties by an advertisement in a newspaper of general circulation at least ten (10) days prior to the hearing.

C. The Board shall act upon an application within sixty (60) days of receipt of application materials adequately describing the proposed action. The Board shall approve, deny, approve in modified form an application, 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.

D. The decision of the Board shall be issued in writing. Evidence of approval of the application shall be by Certificate of Appropriateness issued by the Board or the Board's designated staff representative to the applicant, and whatever its decision, notice in writing shall be given to the applicant and the director of the Building and Zoning Department. When an application is denied, the Board's notice shall provide an adequate written explanation of its decision to disapprove the application. The Board shall keep a record if its actions under this ordinance.

VI. Demolition

A. Demolition of a designated building, structure, improvement or site may occur pursuant to an order of a government agency or a court of competent jurisdiction or pursuant to an application by the owner for a Special Certificate of Appropriateness.

B. Government agencies having the authority to demolish unsafe structures shall receive notice of designation of individual sites, districts or archeological zones pursuant to Section 10 of this Chapter. The Board shall be deemed an interested party and shall be entitled to receive notice of any public hearings conducted by said government agency regarding demolition of any designated property. The Board may make recommendations and suggestions to the government agency and the owner(s) relative to the feasibility of and the public interest in preserving the designated property.

C. No permit for voluntary demolition of a designated building, structure, improvement or site shall be issued to the owner(s) thereof until an application for a Special Certificate of Appropriateness has been submitted and approved pursuant to the procedures in this Section. Refusal by the Board to grant a Special Certificate of Appropriateness shall be evidenced by written order detailing the public interest which is sought to be preserved. The Board shall be guided by the criteria contained in subsection VI, D, herein. The Board may grant a Special Certificate of Appropriateness which may provide for a delayed effective date of up to six (6) months. The effective date shall be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. During the demolition delay period, the Board may take such steps as it deems necessary to preserve the structure concerned, in accordance with the purposes of this ordinance. Such steps may include, but shall not be limited to, consultation with civic groups, public agencies and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one or more structures or other features.

D. In addition to all other provisions of this ordinance, the Board shall consider the following criteria in evaluating applications for a Special Certificate of Appropriateness for demolition of designated properties:

(a) 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?

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

(c) Is the structure one of the last remaining examples of its kind in the neighborhood, the County, or the region?

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

(e) Would retention of the structure promote the general welfare of the County 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?

(f) 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?

VII. Where, by reason of particular site conditions and restraints, or because of unusual circumstances applicable solely to the particular applicant, strict enforcement of the provisions of this ordinance would result in serious undue economic hardship to the applicant, the Board shall have the power to vary or modify adherence to this ordinance; provided always that its requirements ensure harmony with the general purposes hereof and will not adversely affect Dade County. Guidelines for the application of this section may be developed by the Board.

VIII. No Building Permit shall be issued by the Director of the Building and Zoning Department which affects any designated property in Dade County without a Certificate of Appropriateness.

IX. All work performed pursuant to the issuance of any Certificate of Appropriateness shall conform to the requirements of the Certificate. The County Manager shall designate an appropriate official to assist the Board by making necessary inspections in connection with enforcement of this ordinance and 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 Board and copies of any stop work orders both to the Board and the applicant. The Building Zoning Director or appropriate official and staff for the Board shall be responsible for ensuring that any work not in accordance with an issued Certificate of Appropriateness shall be corrected to comply with the Certificate of Appropriateness prior to withdrawing the stop work order.

X. 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 in Dade County, pursuant to an order of a government agency or a court of competent jurisdiction. The owner of a building damaged byu fire or natural calamity shall be permitted to stabilize the building immediately without Board approval, and to rehabilitate it later under the normal review procedures of this ordinance.

XI. If no action upon an application is taken within sixty (60) days from the date of application, such application shall be deemed to have been approved and no other evidence of approval shall be needed. This time limit may be waived by mutual written consent of the applicant and the Board.

XII. The Board shall have the authority to review applications for Certificate of Appropriateness for all property in Dade County, however owned, by either private or public parties. The purposes of this ordinance shall apply equally to plans, projects or work executed or assisted by any private party, governmental body or agency, department, authority or board of the city, county or state.

Section 12. 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.

Section 13. Certificates to Dig.

I. Within an archeological zone, new construction, filling, digging, the removal of trees, or any other activity that my alter or reveal an interred archeological site shall be prohibited without a Certificate to Dig. All applications to all appropriate municipal or county agencies involving new construction, large scale digging, the removal of trees or any other activity that may reveal or disturb 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 staff of the Board shall, within ten days from the date the completed application has been filed, approve 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 site 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 findings of the staff shall be mailed to the applicant by registered mail promptly. The applicant shall have the opportunity to challenge the staff decision or any conditions attached to the Certificate to Dig by requesting a meeting of the Board. The Board shall convene within 35 days after such a request and shall make every effort to review and reconsider the original staff decision to arrive at an equitable decision. The decision of the Board shall be reduced to writing within seven days from the date of the meeting.

II. Approved Certificates to Dig - Approved Certificates to Dig shall contain an effective date not to exceed sixty (60) days at which time the proposed activity may begin, unless the Board decides to designate the site in question as an individual site or district pursuant to Section 10 of this ordinance in which all the rules and regulations pertaining to the designation process shall apply from the date the designation report has been filed.

III. All work performed pursuant to the issuance of a Certificate to Dig shall conform to the requirements of such certificate. It shall be the duty of the appropriate government agencies and the staff of the Board to inspect from time to time any work pursuant to such certificate to assure compliance. In the event work is performed not in accordance with such certificate, the official designated by the County Manager pursuant to Section II(IX) shall be empowered to issue a stop work order and all work shall cease. No person, firm or corporation shall undertake any work on such projects as long as such stop work order shall continue in effect.

Section 14. Appeals.

Within twenty (20) days of the written decision of the Board, an aggrieved party may appeal the decision by filing a written notice of appeal with the Clerk of the Board of County Commissioners. The notice of appeal shall state the decision which is being appealed, the ground for the appeal, and a brief summary of the relief which is sought. Within sixty (60) days of the filing of the appeal or the first regular county commission meeting which is scheduled, whichever is later in time, the County Commission shall conduct a public hearing at which time they may affirm, modify or reverse the decision of the Board. Nothing contained herein shall preclude the County Commission from seeking additional information prior to rendering a final decision. The decision of the County Commission shall be in writing and a copy of the decision shall be forwarded to the board and the appealing party.

Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, a party aggrieved by a decision of the County Commission may appeal an averse decision to the Circuit Count in and for Dade County, Florida. The party taking the appeal shall be required to pay the Clerk of the Board the sum of One Hundred Dollars ($100.00) to defray the costs of preparing the record on appeal.

Section 15. Penalties.

Failure by an owner of record to comply with any provision of this ordinance shall constitute a violation hereof and shall be punishable by the Board by civil or criminal penalties including a fine of not more than $500.00 per day for each day the violation continues. In addition, the Board may require that any work performed contrary to this ordinance must be removed and the property returned to its condition prior to commencement of said action.

Section 16. Incentives.

All properties designated as individual sites or as designated properties within a district shall be eligible, upon application by the owner(s), for any available financial assistance set aside for historic preservation by Metropolitan Dade County contingent on the availability of funds and the scope of the project as described in the application.

Section 17.

If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 18.

It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Metropolitan Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the work "ordinance" may be changed to "section", "article", or other appropriate word.

Section 19.

This ordinance shall become effective ten (10) days after the date of it enactment.

PASSED AND ADOPTED:

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