Waivers, exceptions and exclusions for locally designated historic resources

In an effort to promote and encourage the preservation and adaptive reuse of locally designated resources, so designated pursuant to the provisions of section 23-4, the HEPB may grant a certain exception to a use permitted in specific zoning designations, or an exclusion to allow a cultural facility as an allowable use in medium and high density multifamily (general urban) zones, and/or may grant certain waivers to the zoning code provided that it will result in the preservation of a locally designated property.

Historic preservation waivers. The board may authorize certain waivers to the requirements of the underlying zoning district, to the extent indicated herein.

(1)

Waivers concerning designated historic resources.

a.

Any building that is individually locally designated or is classified as a contributing building within a local historic district or is classified as a thematically-related historic resource within a multiple property designation, as identified in the designation report, shall be permitted to be repaired, restored, structurally altered, or reconstructed, notwithstanding any conflicts with provisions of the underlying zoning district requirements. However, the board shall not have the authority to grant any waivers of density, intensity and building height requirements.

b.

In cases where the size or configuration of a locally designated property, a contributing property within a locally designated historic district or a thematically-related historic resource within a multiple property designation is such that compliance with off-street parking requirements would destroy the historic character of the property, the board may authorize a reduction of up to 100 percent of the number of parking spaces that would ordinarily be required for a new structure of equivalent use and floor area and/or a waiver of loading requirements.

Such waivers will be granted only when it can be demonstrated that:

1.

Granting the waiver will further the preservation of the historic and architectural character of the historic resource, or of the historic district in which the proposal is located.

2.

Granting the waiver would promote the preservation of the historic resource or historic district while reducing nonconformities.

3.

Granting the waiver would help minimize or mitigate any potential adverse effect of a specific proposal whose implementation promotes the preservation of the historic resource or historic district.

4.

Special circumstances exist such as adjacencies or shared parking that will practically alleviate concerns for off-street parking.

5.

The HEPB shall make specific findings that establish how the criteria have been met. Additionally, the board may impose any conditions, restrictions, or limitations deemed appropriate in order to ensure compliance with the criteria set forth above.

6.

The waiver shall be the minimum necessary to assure the continued preservation of the historic structure.

(2)

Waivers concerning additions. Waivers for additions to existing buildings may also be authorized by the board when necessary to assure the preservation of historic resources and historic districts, subject to the limitations described in section 23-6.1.

(3)

Historic preservation exceptions. Unless otherwise authorized by Article 4, Table 3, of the Miami 21 Code, the board may authorize certain exceptions to the requirements of the underlying zoning to the extent indicated herein. Bed and breakfast uses complying with applicable codes may be permissible as an exception in low, medium and high density multifamily residential (general urban, urban center and urban core) zones. Additional allowable uses which include professional offices, and museums will be classified as exceptions and may be allowed except in T3 transect zones. Additional allowable uses which include restaurants and private clubs, as they are respectively defined in section 4-2 of the City Code, will also be classified as exceptions and may be allowed except in T3 and T4 transect zones. Such uses shall be permissible only within existing structures that are individually designated or contributing resources within a designated historic district or thematically-related historic resources within a multiple property designation as identified in the designation report prepared pursuant to chapter 23; and shall not be permissible in any case where the structure(s) of principal historic significance has (have) been destroyed or damaged beyond repair, unless such structure(s) is (are) reconstructed in accordance with a certificate of appropriateness approved by the board pursuant to the provisions of chapter 23. Any use authorized pursuant to this section shall comply with all regulations applicable to the same or similar use in the most restrictive zoning designation permitting such use; to the extent such regulations have not been modified pursuant to this section.

a.

Exclusion. In an effort to provide even greater flexibility in the adaptive use of locally designated historic resources, and to recognize the concomitant relationship of historic preservation and the cultural arts, the HEPB is authorized to grant an exclusion for a cultural facilities as an allowable use in medium and high density multifamily (general urban) zones; such uses may include:

1.

Rehearsal/studio space(s);

2.

Gallery space(s);

3.

Performance workshop areas;

4.

Classrooms for arts education.

(a)

The HEPB shall review each application for an exclusion that would permit the conversion of a locally designated historic resource for use as a cultural facility through the process for a special certificate of appropriateness as defined in this chapter. The special certificate of appropriateness may include requests for both additions and/or new construction in order to meet the programming requirements of the cultural facility.

(b)

Adjacent land, owned or leased by the facility may be used to provide required parking.

(c)

The HEPB may concurrently review a waiver of certain zoning requirements in conjunction with a request for an exclusion, provided that the request is the minimum necessary to successfully accomplish the project; and that the impact to the surrounding areas is minimal.

(4)

Procedures for granting exceptions, waivers and exclusions. An application for a special certificate of appropriateness shall be submitted pursuant to the provisions of section 23-8. In addition, the application shall contain a written statement justifying the requested exception, or waiver or exclusion and provide evidence that the exception, or waiver or exclusion is necessary to assure the continued preservation of the designated historic structure.

(5)

Notice and hearings, generally. The board shall notice the public hearing at which the waiver, and/or exception or exclusion is requested, following the same procedures as is required for a special certificate of appropriateness.

(6)

Decision of the board. The board shall make findings based upon the standards set forth in section 23-6.2, as amended, and shall take one of the following actions:

a.

Issue the special certificate of appropriateness for the waiver proposed by the applicant;

b.

Issue the special certificate of appropriateness with specific modifications and conditions; or

c.

Deny the special certificate of appropriateness.

(7)

Standards. In addition to the guidelines and standards for issuing certificates of appropriateness as set forth in section 23-6.2, as amended, the board shall determine that the following standards have been met before reaching a decision to grant a special certificate of appropriateness:

a.

The exception, or waiver or exclusion shall be the minimum necessary to assure the continued preservation of the historic structure; and

b.

The exception, or waiver or exclusion shall be in harmony with the general intent and purpose of this chapter.

c.

For restaurants and private clubs the property shall be located in a T5-R Transect Zone or higher. Prior to the issuance of a certificate of use for any such use, a parking plan must be approved by process of warrant pursuant to the provisions of Miami 21. A parking plan for purposes of this section is a written plan or graphic depiction presented by the applicant providing for traffic control and parking accommodations for the property.

(8)

Conditions and safeguards. In granting any exception, or waiver or exclusion, the board may prescribe appropriate conditions and safeguards necessary to protect and further the interest of the area and abutting properties, including, but not limited to, landscape materials, walls, and fences as required buffering; modifications of the orientation of any openings; modification of site arrangements; and control of manner or hours of operation.

(9)

Requirements for substantial rehabilitation. As a condition of granting an exception, or waiver or exclusion, as determined by the board at the time of granting the special certificate of appropriateness, the board may require that the structure(s) for which the exception or waiver is (are) requested be substantially rehabilitated in accordance with the Florida Building Code, the National Fire Prevention Code, the U.S. Secretary of the Interior's "Standards for Rehabilitation," and any other applicable codes and regulations.

(10)

Requirements concerning time limitations. Any certificate of appropriateness issued under this section shall be governed by the time limitations stipulated in subsection 23-6.2(g).

(Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2, 10-22-09; Ord. No. 13180, § 2, 5-27-10; Ord. No. 13429, § 2, 2-13-14; Ord. No. 13537, § 2, 7-23-15; Ord. No. 13712, § 2, 11-16-17)

Editor's note— Ord. No. 13180, § 2, adopted May 27, 2010, changed the title of section 23-6.1 from "Waivers and exceptions for locally designated historic resources" to "Waivers, exceptions and exclusions for locally designated historic resources."