APPENDIX

ORDINANCE NO. 81-13

ORDINANCE ESTABLISHING AN HISTORIC PRESERVATION BOARD FOR THE PURPOSE OF PROTECTING AND PERPETUATING PROPERTIES WORTHY OF HISTORIC PRESERVATION; PROVIDING FOR RULES OF PROCEDURE; PROVIDING FOR DESIGNATION OF PROPERTIES AS INDIVIDUAL SITES, DISTRICTS OR ARCHEOLOGICAL ZONES AND FOR REGULATION OF SAME THROUGH ISSUANCE OF CERTIFICATES OF APPROPRIATENESS AND CERTIFICATES TO DIG; PROVIDING FOR ELIGIBILITY FOR FINANCIAL ASSISTANCE; PROVIDING FOR PENALTIES AND APPEALS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE.

WHEREAS, Dade County has a rich history embodied in its buildings, structures and archeological sites; and

WHEREAS, fewer than twenty-five (25) buildings and structures constructed before the incorporation of the City of Miami (1896) still exist; and

WHEREAS, many significant and varied aspects of the history of Dade County are concentrated in the first quarter of the twentieth century; and

WHEREAS, this variety has been manifested in a unique architectural response to the area's climate, history of tourism, rapid growth, and national stylistic trends; and

WHEREAS, a number of archeological sites remain that have yielded and are likely to yield a great amount of information on the history and prehistory of this region; and

WHEREAS, the preservation of these buildings, structures and archeological sites are in the best interest and public welfare of Dade County and its citizens; and

WHEREAS, the preservation of these resources will expand the educational and cultural opportunities of Dade County and its citizens,

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA:

Section 1. Short Title.

This Chapter shall be known and may be cited as the "Metropolitan Dade County Historic Preservation Ordinance."

Section 2. Declaration of Legislative Intent.

It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of properties of historical, cultural, archeological, aesthetic and architectural merit are in the interest of the health, prosperity and welfare of the people of Dade County. Therefore, this ordinance is intended to:

(1) Effect and accomplish the protection, enhancement and perpetuation of buildings, structures, improvements, landscape features 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;

(2) Safeguard the County's historical, cultural, archeological and architectural heritage, as embodied and reflected in such individual sites, districts and archeological zones;

(3) Foster civic pride in the accomplishments of the past;

(4) Protect and enhance the County's attraction to visitors and the support and stimulus to the economy thereby provided; and

(5) Promote the use of individual sites and districts for the education, pleasure and welfare of the people of Dade County.

Section 3. Scope of Regulations.

(1) This Chapter is intend to and shall govern and be applicable to all property located in Unincorporated Dade County, Florida. Nothing contained herein shall be deemed to supersede or conflict with applicable building and zoning codes. Provisions contained herein shall be cumulative and read in conjunction with other provisions of the Dade County Code. All municipalities within Dade County shall have up to and including July 1, 1982 to adopt local ordinances with respect to districts, individual sites, and archeological zones. Adherence with this Chapter by municipalities shall be deemed accomplished by the filing of each municipality's respective ordinance with the Clerk of the Dade County Board of County Commissioners.

(2) Before a municipal Historic Preservation Ordinance shall be filed it shall address the following sections: the establishment of an Historic Preservation Board with powers and duties; the creation of a process to designate the individual sites, districts and archeological zones; a process of review for Certificates of Appropriateness and Certificates to Dig; and an appeal process. Municipalities shall also submit the proposed ordinance to the National Register of Historic Places for certification by the National Register to be eligible for the 1976 Tax Act. Although municipalities are not restricted from implementing the ordinance prior to National Register certification the municipality must obtain certification as expeditiously as reasonably possible.

(3) Should any municipality fail to adopt an ordinance regulating Historic Preservation prior to July 1, 1982, this chapter shall govern.

Section 4. Definitions.

(1) Archeological zone - An area designated by this ordinance which is likely to yield information on the history and prehistory of Dade County based on prehistoric settlement patterns in Dade County as determined by the results of the Dade County Historic Survey. These zones will tend to conform to natural physiographic features which were the focal points for prehistoric and historic activities.

(2) Certificates of Appropriateness - A certificate issued by the Board permitting certain alternations or improvements to a designated property.

(A) Regular Certificate of Appropriateness - A Regular Certificate of Appropriateness shall be issued by the staff of the Preservation Board, based on the guidelines for preservation approved by the Board.

(B) Special Certificate of Appropriateness - For all applications for a Special Certificate of Appropriateness involving the demolition, removal, reconstruction or new construction at an individual site or in a district a Special Certificate of Appropriateness is required that is issued directly by the Board.

(3) Certificate to Dig - A certificate that gives the Board's permission for certain digging projects that may involve the discovery of as yet unknown or known archeological sites in an archeological zone. This certificate is issued by staff of the Board based on the guidelines for preservation approved by the Board.

(4) Certificate of Recognition - A certificate issued by the Board recognizing properties designated pursuance to this ordinance.

(5) Demolition - The complete constructive removal of a building on any site.

(6) Districts - A collection of archeological sites, buildings, structures,landscape features or other improvements that are concentrated in the same area and have been designated as a district pursuant to this ordinance.

(7) Exterior - All outside surfaces of a building or structure.

(8) Guidelines for Preservation - Criteria established by the Preservation Board 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.

(9) Historic Preservation Board - A board of citizens created by this ordinance as described in Sections 5 through 9.

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

(11) Individual Site - An archeological site, building, structure, place or other improvement that has been designated as an individual site pursuant to this ordinance. Under the provisions of this ordinance interior spaces may be regulated only where a building or structure is a designated individual site.

(12) 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.

(13) 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.

(14) Owner of a Designated Property - As reflected on the current Metropolitan Dade County tax rolls or current title holder.

(15) 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.

(16) 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.

Section 5. Historic Preservation Board: Created and Established.

There is hereby created an Historic Preservation Board, ("the Board"), as a governmental agency of the County government in and for Dade County, Florida. The Board is hereby vested with the power, authority, and jurisdiction to designate, regulate and administer historical, cultural, archeological and architectural resources in Dade County, Florida, as prescribed by this Chapter under the direct jurisdiction and legislative control of the Board of County Commissioners.

Section 6. Members.

The Board shall consist of nine (9) members appointed by the Board of County Commissioners. Each member of the board shall be, and shall hold office only so long as he or she is a resident and registered voter of Dade County, Florida. Appointments shall be made on the basis of civic pride,integrity, experience and interest in the field of historic preservation. The Board of County Commissioners should attempt to appoint architects, realtors, archeologists, historians, art historians, lawyers or other individuals from the business, financial and other segments of the community who, by virtue of their profession or business, have demonstrated concerns for historic preservation. The term of office of membership shall be (1) year for one (1) member, two (2) years for two (2) members, three (3) years for three (3) members and four (4) years for three members, with appointments thereafter to be for a term of our (4) years for each member. Any vacancy occurring on the board shall be filled by the County Commission for the remainder of the unexpired term, at the earliest possible date, Members shall be eligible for reappointment, and shall hold office until their successors have been duly appointed and qualified. Members of the board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their official duties, as shall be determined and approved by the County Commission. Before entering upon the duties of office, each member shall file written acceptance of appointment and take and subscribe to the oath of office prescribed by law, which shall be filed in the office of the clerk of the County Commission. A member of the Board may be removed from office only by a two-thirds (2/3) vote of the entire membership of the County Commission; however, whenever a member of the Board shall fail to attend three (3) consecutive meetings, the chairman shall certify the same to the County Commission. Upon such certification the member shall be deemed to have been removed and the County Commission shall fill the vacancy by appointment.

Section 7. Organization.

The members of the Board shall select a chairman who shall serve at the pleasure of the Board and such others officers as may be deemed necessary or desirable. The County Manager shall provide adequate personnel for the Board including but not limited to representatives from the Departments of Community and Economic Development, Building and Zoning and Planning which shall be deemed the staff of the board. Minutes of each board meeting shall be kept and prepared under the supervision and direction of the Board, and copies of such minutes shall be filed with the Clerk of the County Commission.

Section 8. Rules and Regulations.

The Board shall make and prescribe such rules and regulations reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this chapter. Such rules and regulations shall conform to the provisions of this chapter and shall not conflict with the Constitution and general laws of the State of Florida, and shall govern and control procedures, hearings and actions of the board. No such rules and regulations shall become effective until a public hearing has been held upon the proposed rules and regulations, and any amendments or modifications thereto, and the same have been approved by the County Commission and filed with the Clerks of the Commission. Upon approval by the Commission, such rules and regulations shall have the force and effect of law within Dade County, Florida. The Board shall prescribe forms for use by applicants in compliance with the provisions of this chapter. The Board may authorize any one of its members to administer oaths and certify to official acts.

Section 9. Powers and Duties.

The Historical Preservation Board shall have the following enumerated powers and duties:

(1) Adopt or amend rules of procedure.

(2) Designate individual sites, districts and archeological zones.

(3) Issue or deny Certificates of Appropriateness and Certificates to Dig.

(4) Approve historical markers and issue certificates of recognition for individual sites and designated properties in a district.

(5) Recommend zoning and building code amendments to the proper authorities.

(6) Establish guidelines for preservation and criteria for issuance by staff or regular certificates of appropriateness.

(7) Promote the awareness of historic preservation and its community benefits.

(8) No actions of this Board will supersede or be construed as superseding the authority of the Board of County Commissioners.

(9) Review and update the Historic Survey for its quality and professional merit, and validate the findings of the survey as bona fide and sincere.

(10) Implement the authority of this Chapter and fulfill the tasks set forth for this Board by the County Commissioners in this and other ordinances.

(11) Record and maintain records of the Board's actions and decisions.

(12) Follow and abide by the laws of the United States of America, the State of Florida and Dade County.

(13) Provide an annual report to the Board of County Commissioners.

Appendix (continued)

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