§ 16A-10. Designation process and procedure.  


Latest version.
  • In deciding whether to exercise its discretion to designate a proposed individual site, district, or archaeological or paleontological zone, the Board shall consider the objective criteria set forth in subsection (1) below, as well as the factors and considerations required to be addressed in staff's designation report pursuant to subsection (3) below, along with the evidence and testimony presented at the public hearing and any other information the Board deems relevant to its determination.

    (1)

    Criteria. The Board shall have the authority to designate areas, places, buildings, structures, landscape features, archaeological and paleontological sites, and other improvements or physical features, as individual sites, districts, or archaeological or paleontological zones that are significant in Miami-Dade County's history, architecture, paleontology, archaeology or culture. Sites, districts, or zones considered for designation shall possess an integrity of location, design, setting, materials, workmanship, or association, and shall:

    (a)

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

    (b)

    Be 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 or work of a master; or possess high artistic value; or 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)

    Be 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 50 years, will not normally be considered for designation. However, such properties will qualify if they are integral parts of a district that does 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 a historic event or person.

    (c)

    A birthplace or grave of a 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 50 years if it is of exceptional importance.

    (3)

    Notification of Intent to Survey. To determine whether individual sites, districts, or archaeological or paleontological zones are eligible for designation, it may be necessary for staff to survey areas of interest or previously un-surveyed neighborhoods. At least 7 days prior to the commencement of any new survey, notifications of the intent to survey shall be provided to the County Commissioner in whose Commission District the area for survey is found and, where the area is located within a municipality, to the municipality's mayor or town manager. Upon the completion of any survey, the results of the survey shall be provided to the aforementioned County Commissioner and, where applicable, municipal mayor or manager. In addition, if the survey finds individual sites, districts, or archaeological or paleontological zones that are eligible for designation, the relevant property owner(s) shall be notified and provided with the survey results before any designation proceedings are initiated. However, a comprehensive survey is not a prerequisite to commencing designation procedures for any individual sites, districts, or archaeological or paleontological zones.

    (4)

    Designation. Prior to the designation of an individual site, a district, or an archaeological zone, a designation report must be filed with the Board at a board meeting. The format of these reports may vary according to the type of designation; however, all reports must address the following: the historical, cultural, architectural, or archaeological or paleontological significance of the property or properties being recommended for designation; a recommendation of boundaries for districts and archaeological or paleontological 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 Chapter with respect to certificates of appropriateness and certificates to dig. Where a report is filed recommending designation of a district, the report must identify contributing and non-contributing sites or structures. All reports shall also address, to the extent applicable, the following: any projected, proposed, or existing public improvements and developmental or renewal plans; any private plans for development or redevelopment of the property or area under consideration, including any new architecture or features proposed for the same location; any applicable neighborhood or community revitalization goals, plans, or objectives, including any existing policies in the local government's comprehensive plan or other planning initiatives pertaining to, among other things, economic development, transportation, and housing; any impacts on the availability of affordable or workforce housing in the community due to historic designation or proposed redevelopment of the property or area under consideration; and the possible adaptive use of the property after designation, based on applicable local government zoning regulations and other building code requirements.

    (5)

    Procedure.

    (a)

    Petition of the owner. The owner(s) of any property in unincorporated Miami-Dade County, or in any municipality that is under Miami-Dade County historic preservation jurisdiction, may petition this Board for designation of their property as an individual site, district or archaeological or paleontological 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.

    1.

    If the property that is the subject of a petition had been the subject of a prior designation proceeding and the Board at that time decided not to proceed with designation, no subsequent petition by the owner(s) shall be accepted unless authorized by a vote of two-thirds-plus-one of appointed members of the Board.

    2.

    For condominium or cooperative properties, the petitioning owner(s) shall provide a statement from the condominium or cooperative association or board as to the association or board's official position on the potential designation, if any.

    3.

    Nothing in this subsection shall be deemed to restrict the power of the Board to initiate the designation process pursuant to this section.

    4.

    Proceedings to consider a petition shall be quasi-judicial and shall be considered a part of the record of any subsequent designation process for the subject property. The decision of the Board to accept a petition and commence the designation process shall not be deemed a final order, and no appeal may be taken until the conclusion of the designation process set forth in this section. The decision of the Board to deny a petition shall not be appealable.

    (b)

    Directive of the Board. The Board shall, upon recommendations from staff, or the acceptance of petitions pursuant to, subsection (5)(a) above, or by its own authority, direct staff to begin the designation process by preparing a designation report, pursuant to part (4) of this section and any other standards the Board may deem necessary, and submitting this report according to the procedures described herein. In addition, staff may, without prior directive from the Board, submit a staff-initiated designation report to the Board, and such staff-initiated report shall be deemed filed upon being published on a Board agenda.

    1.

    If the subject property had been the subject of a prior designation proceeding and the Board at that time decided not to proceed with designation, the Board shall not direct staff to begin the designation process unless authorized by a vote of two-thirds-plus-one of appointed members of the Board.

    2.

    Nothing in this subsection (5)(b) shall be deemed to restrict the power of the Board to direct staff to conduct research and provide recommendations to the Board regarding potential designations.

    3.

    Proceedings under this subsection (5)(b) shall be quasi-judicial and shall be considered a part of the record of any subsequent designation process for the subject property. The decisions of the Board to direct staff to conduct research or make recommendations, to direct the commencement of the designation process, or to accept a staff-initiated designation report shall not be deemed final orders, and no appeal may be taken until the conclusion of the designation process set forth in this section. The decision of the Board to not undertake the designation process shall not be appealable.

    (c)

    Commencement of designation process. The filing of a designation report shall commence the designation process. A designation report shall be deemed filed when it is published on a Board agenda.

    (d)

    Request for consent of owner. For each proposed designation of an individual site, district or archaeological or paleontological zone, the Board and staff are encouraged to obtain the permission of the property owner(s) within the designated area prior to commencing the designation process, but consent shall not be required for designation.

    (e)

    Notification of government agencies. Upon filing of a designation report, staff shall immediately notify the appropriate building and zoning department, the appropriate public works department, the office of the County Commissioner in whose district the property lies, and any other County or municipal agency, including agencies with demolition powers, that may be affected by said filing.

    (f)

    Notification and conduct of a public hearing. For each individual site, district, or archaeological or paleontological 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. Following the public hearing, the Board shall, by resolution, decide whether to approve, amend, or deny the proposed designation. All proceedings conducted under this subsection shall be quasi-judicial, and owners and other interested parties shall be given an opportunity to be heard regarding the proposed designation.

    1.

    Owners of record or other parties having an interest in the proposed designated properties, if known, shall be notified of the public hearing by U.S. mail to the last known address of the party being served at least 15 days prior to the public hearing; however, failure to receive such 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 10 days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to the proposed designation.

    2.

    All notices shall include an internet address with a link to the designation report and an address where the physical designation report may be inspected and copied.

    (g)

    Requirement of prompt decision and notification. Within 7 days of a public hearing, staff shall prepare a written resolution showing the Board's decision or action and shall notify the following of its actions with a copy of the resolution:

    1.

    The appropriate building and zoning departments,

    2.

    The County Clerk,

    3.

    The appropriate municipal mayor or manager and clerk when the property lies within a municipality,

    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,

    7.

    Any other County or municipal agency, including agencies with demolition powers, that may be affected by this action,

    8.

    Miami-Dade County Property Appraiser, and

    9.

    The County Commissioner in whose district the property is located.

    (h)

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

    (i)

    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 and any other individual or private or public entity 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, is completed.

    3.

    Perform any ground-disturbing activities, including but not limited to new construction, filling, digging, or tree removal, that may alter or reveal an archaeological or paleontological site.

    (j)

    Recording of designation. The Board shall provide the Clerk of the Circuit Court with all designations for the purpose of recording such designation by legal description and folio number, and the Clerk of the Circuit Court shall thereupon record the designation according to law.

    (6)

    Modifications to Designated Properties. Historic designations shall not preclude property owners from requesting alterations, additions, redevelopment, or demolition of the property after designation, by requesting a Certificate of Appropriateness pursuant to the procedures set forth in section 16A-11 of this Chapter; however, interior spaces of a designated building or structure may be altered or modified without approval of the Historic Preservation Board or Chief, unless its interiors are specifically included in the designation.

(Ord. No. 81-13, § 10, 2-17-81; Ord. No. 82-99, § 1, 10-19-82; Ord. No. 88-28, § 2, 4-19-88; Ord. No. 03-38, § 10, 3-11-03; Ord. No. 16-124, § 3, 11-1-16; Ord. No. 16-125, § 2, 11-1-16)