Definitions

The following definitions shall apply only to this chapter; undefined terms shall be defined as set forth in the National Historic Preservation Act of 1966, as amended, or as commonly used:

Accelerated certificate of appropriateness. A review of proposed physical changes to a historic resource that is conducted by the board concurrently with a request for historic designation.

Adaptive reuse. The process of converting a building to a use other than that for which it was designed.

Addition. A construction project physically connected to the exterior of a building.

Alteration. Any change affecting the exterior appearance of a structure or its setting by additions, reconstruction, remodeling, or maintenance involving change in color, form, texture, signs, or materials, or any such changes in appearance of designated interiors.

Applicant. The owner of record of a property and/or structures located thereon, or their authorized representative.

Application, complete. An application for approval sought pursuant to this chapter shall be deemed complete if it is on a form approved by the city and all applicable information is provided by the applicant on the form, or attachment(s), as applicable or necessary, at the time of its filing and all required fees are paid.

Archaeological conservation area. A geographically defined area delineated in the Miami comprehensive neighborhood plan on the future land use plan map series entitled "Historic District Boundaries and Historically Significant Properties Meriting Protection" where the probability of sub-surface artifacts is considered likely.

Archaeological site. A single specific location which has yielded or is likely to yield information on local history, prehistory, or paleontology, and which has been designated as such through the provisions of this chapter.

Archaeological zone. A geographically defined area which may reasonably be expected to yield information on local history, prehistory, or paleontology based upon broad prehistoric or historic settlement patterns, and which has been designated as such through the provisions of this chapter.

Certificate of appropriateness. A written document, issued pursuant to this article, permitting specified alterations, demolitions, or other work; or to allow certain waivers from the criteria set forth in the zoning ordinance and this chapter.

Certificate of approval. A written document permitting tree removal or development activity within those areas identified and established as environmental preservation districts or scenic transportation corridors.

Certificate of eligibility. A written document issued by the planning director or designee to the eligible historic resource (sending site), stipulating the amount of area and/or density available for transfer.

Certificate of transfer. A document issued by the planning director or designee that authorizes the transfer of specified undeveloped rights from a historic resource (sending property) to a receiving site. Certificates of transfer shall comply with all applicable land development regulations as that term is defined by F.S. § 163.3164, as amended, "Community Planning Act; definitions".

Certificate to dig. A written document permitting certain ground disturbing activities, such as filling, grading, swimming pool excavation and the removal of vegetation or trees that may involve the discovery of as yet unknown or known archaeological resources within a designated archaeological site or zone.

Certified local government. A government satisfying the requirements of the U.S. National Historic Preservation Act amendments of 1980 (Public Law 96-515) and the implementing of applicable regulations of the department of the interior and the state.

Contributing resource/landscape feature. A building, landscape feature, site, structure or object that adds to the historical/architectural qualities, historic associations, or archaeological values for which a district is significant because: it was present during the period of significance of the district, and possesses historic integrity, reflecting its character at that time; or it is capable of providing important information about the period; or it independently meets the National Register of Historic Places criteria for evaluation set forth in 36 CFR Part 60.4 incorporated by reference.

Cultural facility. A place established for the advancement of culture, including but not limited to: art, dance, music, literature and other intellectual and performance activities.

Demolition. The complete destruction of a structure, or any part thereof.

Demolition by neglect. The deliberate or inadvertent failure to maintain minimum maintenance standards for those properties designated historic either individually or as a contributing property within a historic district or as a thematically-related historic resource within a multiple property designation by action of the historic and environmental preservation board.

Density. Density will be as defined by Article 1 of Miami 21 and by F.S. § 163.3164, as amended, "Community Planning Act; definitions," which provides that it means an objective measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre.

Eligible historic resource. A term used to describe archaeological sites and individual buildings, which have not yet been locally designated under the provisions under this chapter but have met the eligibility criteria and been certified by the historic and environmental preservation board as having met that criteria; so that they may take advantage of the transfer of development and density rights programs, providing that their owners commit to the official local designation within a period of one year from the board's approval of the determination of eligibility.

Environmental preservation district. Geographical areas, parcels or corridors, which have been or may be identified in the future, established by the city commission as having significant natural or landscape attributes in need of preservation and control because of their educational, economic, ecological and environmental importance to the welfare of the general public and the city as a whole, and identified in the official atlas of environmental preservation districts and scenic transportation corridors.

Existing conditions report. A report prepared by a registered architect or engineer that describes the current general condition of an eligible historic resource that is applying for a certificate of transfer.

Florida master site file (FMSF). The list, or catalog, maintained by the division of historical resources, of those recorded historical and archaeological sites and properties in the state, usually the result of a systematic survey.

Ground disturbing activity. Any excavation, filling, digging, removal of trees, or any other activity that may alter or reveal an interred archaeological or pale ontological site.

Historic district. A geographically defined area possessing a significant concentration, linkage, or continuity of sites or structures united historically or aesthetically by plan or physical development.

Historic and environmental preservation atlas. The official historic and environmental preservation atlas of the city, as amended, which shows all designated historic sites, historic districts, multiple property designations, and archaeological zones.

Historic preservation exception. When used in this chapter, an exception allows for a certain use to be allowed in specifically identified transects, when such use results in significant preservation strategies.

Historic preservation exclusion. When used in this chapter, an exclusion allows for a cultural facilities use in medium and high density multifamily (general urban) zones, when such use results in significant preservation objectives.

Historic preservation waiver. When used in this chapter, a difference from what is required under the underlying transect provisions and what may be allowed when used to promote historic preservation.

Historic resource. An overarching term used to describe the various categories of properties which have demonstrated significance in the history of the city, the county, the state and/or the nation. These properties include landscape features, archaeological sites and zones, structures, buildings, districts, multiple property designations, and objects.

Historic sign. A sign that has demonstrated artistic, historic, cultural, and/or aesthetic value, as determined by resolution of the HEPB.

Historic site. The location of a significant event, a prehistoric or historic occupation or activity, or a vanished structure, where the location itself possesses historic, cultural, archaeological, or pale ontological value.

Infill. New construction that has been designed and built to replace missing structures or otherwise fill gaps in the streetscape of a historic district.

Interim protection measure. The interim period of time needed to protect a property building, structure, object and/or landscape feature from demolition, relocation, alteration, or new construction until such period of time provided by law passes for the property to be considered for designation as a historic site, historic district, multiple property designation, or archaeological zone.

Intervenor. A person whose interests in the proceeding are adversely affected in a manner greater than those of the general public. A person shall be entitled to the presumption of intervenor status if the person owns the subject property or owns property abutting the subject property. Furthermore, a person shall be entitled to intervenor status if the person owns property within a 500-foot radius from the subject property but is not the property owner or abutting property owner and has a particular interest in the application that is different in kind and degree than the general public. Abutting shall mean to reach or touch; to touch; to touch at the end or be contiguous with; join at a border or boundary; terminate on; and includes properties across a street or alley. A person recognized by the decision-making body, including the historic and environmental preservation board and the city commission, as an intervenor may make a presentation, call and examine witnesses, conduct cross-examinations of witnesses, introduce exhibits, rebut evidence, and make final arguments in the order as decided by the chair of the body to effectuate orderly and efficient proceedings.

Landscape feature. Vegetation, geological features, ground elevation, bodies of water or other natural or environmental features.

Locally designated historic resource. Any archaeological site or zone; individual building; structure, object, landscape feature, historic district, or multiple property designation that has been approved for designation by the city's HEPB, as prescribed by the provisions of this chapter, and shown in the historic and environmental preservation atlas.

Maintenance plan. A written document submitted by the owner of an eligible historic resource for the transfer of development rights program, that identifies any existing deficiencies in the building along with a remediation plan for the short term, and which further identifies a plan for the cyclical maintenance of the building for the long term.

Miami register of historic places. The list of locally designated historic resources that have met the criteria for significance and have been designated by the HEPB, pursuant to the provisions of this chapter.

Multiple property designation. A collection of two or more historic resources related by a common theme, general geographical area, and period of time that has been designated by the HEPB pursuant to the provisions of this chapter. A group of historic resources shall qualify for designation as a multiple property designation when each historic resource meets the designation criteria set forth in section 23-4. Each property in a multiple property designation shall be evaluated and reviewed individually even though it is included in the multiple property designation. Multiple property designation(s) including thematically-related multiple property designation(s) may only be made or considered in the following Neighborhood Conservation Districts ("NCD") as set forth in Appendix A to the Miami 21 Code: (i) NCD-2: Village West Island District and Charles Avenue; (ii) NCD-3: Coconut Grove Neighborhood Conservation District.

National register of historic places. The list of historic properties significant in American history, architecture, archaeology, engineering and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966, as amended.

Non-contributing resource. A building, landscape feature, object, structure, or archaeological resource that does not add to the historic architectural qualities, historic associations, or archaeological values for which a district is significant because it was not present during the period of significance of the district; due to alterations, disturbances, additions or other changes, it no longer possesses historic integrity reflecting its character at that time, or is incapable of yielding important information about the period; or does not independently meet the national register of historic places criteria for evaluation.

Ordinary maintenance or repair. Any work, the purpose and effect of which is to correct any deterioration or decay of a structure or landscape feature, or any part thereof, by restoring it, as nearly as may be practicable, to its condition prior to such deterioration or decay, using the same materials or those materials available which are as close as possible to the original.

Preservation. The act or process of applying measures to sustain the existing form, integrity, and material of a building or structure. It may include initial stabilization work as well as ongoing maintenance of the historic building.

Receiving site. A parcel or parcels that have increased their development rights and/or density through the purchase and application of a historic TDR and/or TDD purchase.

Reconstruction. The act or process of reproducing by new construction the exact form and detail of a vanished structure as it appeared at a specific period of time.

Rehabilitation. The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values.

Relocation. Any change of the location of a structure in its present setting or to another setting.

Restoration. The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

Scenic transportation corridor. Those roadways that have been identified as having a unique landscape character and/or an expansive tree canopy that is of substantial environmental importance to the city, as described in subsection 17-31(3).

Sending property. The qualifying historic resource that is selling its unused base development rights and/or development density to the receiving site.

Structure. Anything constructed or erected, the use of which requires a fixed location on the ground or attachment to something having fixed location on the ground.

Thematically-related. A group of historic resources related by a common theme.

Transfer of development density (TDD). The sale of the unused development density to another party upon a binding written commitment that results in the restoration, rehabilitation, and/or preservation of the historic resource for the public benefit. A TDD shall comply with all applicable land development regulations as that term is defined by F.S. § 163.3164, as amended, "Community Planning Act; definitions".

Transfer of development rights (TDR) for historic resources. The sale of the unused development rights to another party upon a binding written commitment that results in the restoration, rehabilitation and/or preservation of the historic resource for the public benefit.

Unreasonable or undue economic hardship. An onerous and excessive financial burden that destroys reasonable and beneficial use of property and that would amount to the taking of property without just compensation, or failure to achieve a reasonable economic return in the case of income-producing properties.

(Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2, 10-22-09; Ord. No. 13133, § 1, 1-28-10; Ord. No. 13180, § 2, 5-27-10; Ord. No. 13537, § 2, 7-23-15; Ord. No. 13712, § 2, 11-16-17; Ord. No. 13785, § 2, 9-13-18; Ord. No. 13971, § 3, 2-25-21)