HomeMy Public PortalAbout2022-02 - Historic Environmental Preservation BoardSponsored by: City Manager
ORDINANCE NO. 2022-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA AMENDING CHAPTER 2, ARTICLE XI, DIVISION 13 ENTITLED
"HISTORIC ENVIRONMENTAL PRESERVATION BOARD" TO ESTABLISH
MINIMUM STANDARDS FOR MUNICIPAL HISTORIC PRESERVATION
PROGRAMS AS SET FORTH IN THE MIAMI-DADE COUNTY HISTORIC
PRESERVATION ORDINANCE SECTION 16A-3.1; PROVIDING FOR BOARD
ORGANIZATION AND QUALIFICATIONS; BOARD DUTIES AND
RESPONSIBILITIES; SCOPE OF REGULATIONS; DEFINITIONS;
ADMINISTRATION AND ENFORCEMENT RULES AND REGULATIONS;
SITE/DISTRICT/ZONE DESIGNATION PROCESS AND PROCEDURES;
DEMOLITION PROCESS AND PROCEDURES; PROCEDURES FOR
MAINTENANCE OF DESIGNATED PROPERTIES; CERTIFICATE TO DIG
PROCEDURES; AN APPEALS PROCESS; PENALTIES AND INCENTIVES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND
REPEALER; RESCINDING ALL RESOLUTIONS IN CONFLICT; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance 16-13, on October 12, 2016 the City of Opa-
Locka, Florida ("City") established the Historic Environmental Preservation Board
("Board") in order to preserve and protect the City's historic and cultural heritage and
foster civic pride; and
WHEREAS, the Historic Environmental Preservation Board was also established
to protect the green environment within the City, especially, the preservation of its trees
in order to support Arbor Day principles; and
WHEREAS, pursuant to Chapter 2, Article XI, Division 13, Sec. 2-570.81 and Sec.
2-570.82 of the City of Opa-Locka's Code of Ordinances, the City created, provided for
composition; term of office; qualifications; organization; meetings, records standards and
established duties and responsibilities of the Historic Environmental Preservation Board;
and
WHEREAS, the City Commission desires to amend Chapter 2, Article XI, Division
13 entitled "Historic Environmental Preservation Board" to, among other things,
establish minimum standards for municipal historic preservation programs as set forth
in the applicable Miami -Dade County Historic Preservation Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA AS FOLLOWS:
Ordinance No. 2022-02
SECTION 1. The recitals to the preamble herein are incorporated by reference.
SECTION 2. The City Commissioner of the City of Opa-Locka, Florida hereby amends
Chapter 2, Article XI, Division 13 entitled: "Historic Environmental Preservation Board"
as follows:
Sec. 2-570.81. - Created; composition; term of office; qualifications; organization;
meetings; records.
(a) A Historic Environmental Preservation Board ("Board") is hereby
created, which shall be an advisory body to the commission, consisting of nine (9)
members, each of whom shall be appointed by the city commission, for a term of
two (2) or four (4) years. for each member, except for the initial terms of the board
upon its creation. The terms shall be staggered such that not fewer than two (2)
nor more than three terms shall expire each year. The terms of board members
Shall commence on October 1 and shall expire on September 30. Each member of
the board shall serve until the expiration of his or her term. Members shall be
eligible for reappointment. The City Commission of the City of Opa-Locka shall
attempt to appoint architects, realtors, historians, art historians, lawyers,
engineers, archaeologists or other individuals from the business, financial, or other
segments of the community who, by virtue of their profession or business, have
demonstrated concern for historic preservation. The Historic Environmental
Preservation Board shall include not less than one architect; one real estate agent
or attorney at law; and one historian or architectural historian. The City Manager
shall provide qualified professional staff for the Board.
(b) At least five (5) members of the historic environmental board shall be residents
of the City of Opa-locka, and a registered voter of the City of Opa locka, Florida.
The city commission shall specifically designate these resident members. The city
commission, within its discretion, shall may appoint up to a maximum of four (4)
members of the board who are not residents or registered voters of the City of
Opa-locka, Florida. These four (4) appointments shall be made on the basis of civic
pride, integrity, experience and interest in the field of historic preservation and
city beautification. Members of the historic environmental preservation board
shall have diverse backgrounds, and whenever possible, prior experience in land
use, planning, zoning, legal matters, landscape architecture, historic preservation
or working knowledge of historic preservation principles and general working
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knowledge of tree and plant identification and characteristics. Members of the
historic environmental preservation board shall hold no other public office or
position in the City of Opa-locka.
(c) An organizational meeting of the historic environmental preservation board
shall be held to The members of the Historic Environmental Preservation Board
shall elect a chair and vice -chair from among its appointed members. The city
commission upon written charges and after public hearing may remove members
and vacancies shall be filled for the unexpired term of any removed member.
(d) At lest one (1) regular meeting of the board shall be held each month, a:,
needed, but Meetings of the Historic Environmental Preservation Board shall
meet not less than six (6) times in any calendar year. Regular meetings may be
called by the Chair or staff for the board. The historic environmental preservation
board shall keep record of its proceedings, Records shall be maintained pursuant
to Florida law, findings and determinations showing the vote on each matter and
shall file the record and approved minutes of each meeting with the city clerk
within thirty (30) days of the date of the meeting, or as soon thereafter as
practicable. Members of the historic environmental board shall serve without
compensation.
(e) The historic environmental preservation board may adopt reasonable rules of
procedure to govern the conduct of its business and the holding of public hearings
and workshops, consistent with procedures established for it by the city
commission.
Sec. 2-570.82. - Duties and responsibilities.
The Historical Preservation Board shall have the following enumerated powers
and duties:
1) Adopt or amend rules of procedure for its meetings.
2) Advise the City Commission as to designated individual sites,
districts and archeological zones.
3) Recommend the issuance or denial of Certificates of
Appropriateness and Certificates to Dig.
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4) Recommend the approval of historical markers and recommend the
issuance of certificates of recognition for individual sites and
designated properties in a district.
5) Recommend zoning and building code amendments to the proper
authorities.
6) Recommend to the City Commission guidelines for preservation and
criteria for issuance by staff of 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 City Commission.
9) Review and recommend update the Historic Survey as it applies to
the City of Opa-locka and conduct such local research as is
considered appropriate.
10) Implement the authority of this Ordinance and fulfill the tasks set
forth for this Board by the City Commissioners.
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, Miami -Dade County, and the City of Opa-Locka.
13) Provide an annual report to the City Commission.
14) Make recommendations regarding planting and care of shade and
ornamental trees and shrubbery now located or which may hereafter
be planted in any public highway, park or pathway, except such as
are excluded pursuant to applicable law, including the planting,
trimming, spraying care and protection thereof.
(15) Make recommendations to regulate and control the use of the ground
as may be necessary for proper growth, care and protection of trees
and shrubbery.
(16) Recommend the removal of any tree or part thereof dangerous to
public safety.
f17) Propose regulations, subject to approval by the city commission.
(18) Recommend the treatment or removal of any tree situated upon
private property which is believed to harbor a disease or insects
readily communicable to neighboring healthy trees in the care of the
city.
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19) Comply with all other minimum standards as set forth in Miami -
Dade County Ordinance 81-13, Chapter 16-A pertaining to Historic
Preservation.
Sec. 2-570.83. Scope of Regulations
This Ordinance is intended to and shall govern and be applicable to all property
located in the City of Opa-locka, 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 laws, rules and regulations.
It is the legislative intent of the City of Opa-locka Commission that this Ordinance shall
meet the requirements of Chapter 16A, Sec. 16A-3.1 of Miami -Dade County Code of
Ordinances as a qualified municipal Historic Preservation Ordinance, and that this
Ordinance shall be filed with the Clerk of Miami -Dade County Board of County
Commissioners and with the National Register of Historical places for certification to be
eligible under the relevant Tax Act.
Sec. 2-570.84. Definitions
(1) Archeological zone - An area designated by this ordinance which likely to
yield information on the history and pre -history of Opa-locka based on prehistoric
settlement patterns in Opa-locka as determined by the results of the Dade County
Historic Survey and local research. These Zones will tend to conform to natural
physiographic features which were the focal points for pre- historic and historic activities.
(2) Certificates of Appropriateness - A certificate issued by the City
Commission after recommendation by the Board permitting certain alterations 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 City Commission.
(B) Special Certificate of Appropriateness - For all applications for a Special
Certificate of Appropriateness involving the demolition, removal, reconstruction or new
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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 pursuant to this ordinance.
(5) City Commission - City of Opa-Locka Commission.
(6) Demolition - The complete constructive removal of a building of any site.
(7) 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.
(8) Exterior - All outside surfaces of a building or structure.
(9) Guidelines for Preservation - Criteria 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 guide- lines for the preservation of buildings in Opa-locka.
Minimum guidelines for preservation shall be that of the Secretary of Interior's Standards
for the Treatment of Historic Properties, as may be amended from time to time. The City
Commission may establish additional standards.
(10) Historical Preservation Board - The Board created and established by this
ordinance as described in Section 2-570.81.
(11) Historic Survey - A comprehensive survey compiled by the Historic
Preservation Division of the Miami -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
Miami -Dade County, Florida.
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(12) 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 designated individual site.
(13) 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.
(14) 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 re- storing the building or structure as nearly as practicable to its condition prior to
such deterioration, decay or damage.
(15) Owner of a Designated Property - As reflected on the current Metropolitan
Dade County tax rolls or current title holder.
(16) Qualified Staff may be considered outside contractors of the City and shall
be a person who has a bachelor's degree in historic preservation, architecture,
architectural history, history, or other closely related field, and who has at least 3 years
of professional experience in the field of historic preservation or as a historic preservation
planner; or who has a master's degree in the above mentioned fields and who has at least
1 year of professional experience in the field of historic preservation or as a historic
preservation planner.
(17) Undue Economic Hardship Failure to issue a certificate would place an
onerous and exce:ive financial burden upon the owner that would amount to the taking
of the owner's property without just compensation.
(17) 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.
The definitions set forth in the Miami -Dade County Ordinance 81-13, Chapter 16-A
pertaining to Historic Preservation shall by adopted and also apply to this section in the
event of conflict and as may otherwise be amended from time to time.
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Sec. 2-570.85. Historic Preservation Board: Created and Established
There is hereby created an Historical Preservation Board, ("the Board"), as a board
of ti,c City f Opa lock. Florida. The Board is hereby vested with the power, authority
and jurisdiction to recommend the designation, regulation and administration of
historical, cultural, archeological and architectural resources in Opa-locka, Florida, as
prescribed by this Ordinance under the direct jurisdiction and legislative control of the
Opa-locka City Commission.
Sec. 2-570.86. Rules and Regulations
The Board shall make and prescribe such rules and regulations as are reasonably
necessary and appropriate for the proper administration and enforcement of the
provisions of this Ordinance. Such rules and regulations shall conform to the provisions
of this Ordinance 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 City Commission and filed with the City Clerk.
Upon approval by the Commission, such rules and regulations shall have the force and
effect of law within the City of Opa-locka, Florida. The City Commission shall prescribe
forms for use by applicants in compliance with the provisions of this chapter.
Section 1. Designation Process and Procedure
I. The City Commission 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 Opa-locka's history, architecture, archeology, or culture and possesses an integrity of
location, design, setting, 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, Miami -Dade County, South Florida, the state
or the nation; or
(B) Are associated with the lives of persons significant in our past; or
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(C) Embody the distinctive characteristics of a type, period, style or method of
construction or work of a master; or that possess high artistic value, 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. The City Commission
shall conduct a separate public hearing to consider for designation each property within
its jurisdiction listed in the National Register of Historic Places;
II. Certain properties which include cemeteries, birth- places, 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 twenty- five years, will not normally be
considered for designation. However, such properties will qualify if they are integral
parts of districts that do meet the criteria, or if they fall within the following categories:
(A) A religious property deriving primarysignificance 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 an historic event or person.
(C) A birthplace or grave of an historicalfigure 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.
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(F) A property or district achieving significance within the
past twenty-five years if it is of exceptional importance.
III. Prior to the designation of an individual site, a district, or an
archeological zone, an investigation and designation report must be filed with City.
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 of 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 City Commission 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 standardsfor regulating such non -conforming properties shall provide
that a Certificate of Appropriateness may be required only for new construction on
such properties. All reports shall take into consideration projected, proposed or
existing public improvements and developmental or renewal plans. The Board must
produce at least one designation report per calendar year, and present it to the
municipal historic preservation board for consideration, until all properties in its
jurisdiction listed as historically significant on the municipality's or the County's
previous surveys have been considered for designation.
IV. Procedure
(A) Petition of the Owner - The owner(s) of any property in the City
of Opa-locka may petition the Board for recommendation of designation
of their property as an individual site, district or archeological zone
provided that they appearbefore 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 Miami -
Dade County Historic Preservation Chief may also recommend the
initiation of designations. The Board shall, based on its findings, either
direct the staff to transfer its recommendation to the City Commission so that the
City Commission can then direct City staff to begin the designation process or
deny the petition.
(B) Directive of the Board - Upon recommendations from staff and
the acceptance of petitions pursuant t o this section, staff shall transmit the
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Boards recommendations to the City Commission along with any other
recommendations the Board may deem necessary, and submit its report to
the City Commission.
(C) Notification of owner - For each proposed designation of an
individual site, district, or archeological zonethe 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 a public hearing held pursuant to
this section.
(D) Notification of Government Agencies - Upon filing of a
designation report, the Community Development Director shall
immediately notify the Clerk of the Board of County Commissioners, the
City Clerk, the City Building Official, the City Attorney 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 as required by the Chapter 16A-3.1 of the Miami -Dade County
Code of Ordinances.
(F) Requirement of Notification - The Board shall reduce to writing
its recommendation to approve, deny, or amend the proposed designation
and direct the Community Development Director to notify the City
Commission following of its actions with a copy of the official minutes of
the meeting, and a recommendation of the Board providing a summary
statement of the effects of this action:
1) The City of Opa-locka Building Official,
2) The Opa-locka City Clerk,
3) Owner(s) of the affected property and other parties having an
interest in the property, if known,
4) The Opa-locka Public WorksDepartment, and
5) Any other County or Municipal Agency, including agencies
withdemolition powers, that may be affected by this action.
(G) Moratorium. Upon the filing of a designation report by the staff,
the owner(s) of the real property which is the object matter of
the designation report shall not:
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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 action, as provided by
this chapter, is completed.
V. 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 City Commission 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 City Commission 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 details the
public interest which is sought to be preserved. The Board shall be guided by the
criteria contained in subsection V, D herein. The Board may grant a Special
Certificate of Appropriate—ness which may provide for a delayed effective date of
up to two (2) years. The effective date shall be determined by the Board based
upon the relative significance of the structure and the prob—able 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
for recommendation to the City Commission 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?
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(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
neighbor -hood, the County, or the region?
(d) Does the structure contribute significantly to the historic character of
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?
VI. 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 matter shall be officially referred to the
Opa-locka Zoning Board of Appeals which 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 the City
of Opa-locka, Dade County, nor the South Florida metropolitan region.
VII. No Building Permit shall be issued by the Opa-locka Building Official
which affects any designated property in Dade County without a Certificate of
Appropriateness.
VIII. All work performed pursuant to the issuance of any Certificate of
Appropriateness shall conform to the requirements of the Certificate. The City
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 Official 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.
IX. 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
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building or site in the City of Opa-locka, pursuant to an order of a government
agency or a court of competent jurisdiction. The owner of a building damaged by
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.
X. The Board shall have the authority to review applications for Certificate of
Appropriateness for all property in Opa-locka, 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.
XI. Demolition procedures and requirements shall otherwise comply with
Chapter 16A-3.1 of the Miami -Dade County Code of Ordinances as may be
amended from time to time.
Section 2. Maintenance of Designated Properties
Nothing in this ordinance shall be construed to prevent the ordinary maintenance
or repair of any 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 3. Certificates to Dig
Within an archeological zone, new construction, filling, digging, the
removal of trees, or any other activity that may 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 approve or deny 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 a City or County sanctioned
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 promptly. 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
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convene within a reasonable time 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.
II. Approved Certificates to Dig - Approved Certificates to Dig shall contain
an effective date 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 case 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
City of Opa-locka, in particular its Public Works Department, 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 City Manager pursuant to Section
1(VIII) 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 4. Appeals
Upon written decision of the City Commission, an aggrieved party may
appeal the decision by filing a written notice of appeal with the City Clerk. The
notice of appeal shall state the decision which is being appealed, the grounds for
the appeal, and a brief summary of the relief which is sought. Subsequently, the
City Commission shall conduct a public hearing at which time they may affirm,
modify or reverse the decision of the Board or of the City Commission. Nothing
contained herein shall preclude the City Commission from seeking additional
information prior to rendering a final decision. The decision of the City
Commission shall be reflected in the minutes and a copy of the Minutes 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 City Commission may appeal an
adverse decision to the Circuit Court in and for Dade County, Florida. The party
taking the appeal shall be required to pay to the City of Opa-locka the sum of One
Hundred Dollars ($100.00) to defray the costs of preparing the record on appeal.
Section 5. 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 City Commission 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
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Ordinance No. 2022-02
performed contrary to this ordinance must be removed and the property returned
to its condition prior to commencement of said action.
Section 6. 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 7. If any clause, section, or other part or application of this Resolution is held
by any court of competent jurisdiction to be unconditional or invalid, in part or in
application, it shall not affect the validity of the remaining portions or application of this
Resolution.
SECTION 8. CONFLICT, ADDITIONS & REPEALER.
All ordinances, parts of ordinances or code provisions in conflict herewith ordinance are
hereby repealed. To the extent of conflict between this Ordinance and Miami -Dade
County Ordinance 81-13, Chapter 16-A pertaining to Historic Preservation, the Miami -
Dade County Code of Ordinance shall control. Likewise, any provision not included
herein, but specifically specified and required by Miami -Dade County Ordinance 81-13,
Chapter 16-A pertaining to Historic Preservation in order to make the reading of this
Ordinance complete, shall be interpreted as if the Miami -Dade Ordinance was
incorporated herein.
SECTION 9. SEVERABILITY.
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions of the Code
or applications of this Ordinance that can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
SECTION 10. INCLUSION IN CODE.
It is the intention of the City Commission of the City of Opa-Locka that the provisions of
this Ordinance shall at some time in the future become and be made a part of the Code
of Ordinances of the City of Opa-Locka and that the sections of this Ordinance may be
renumbered or re -lettered and the word "Ordinance" may be changed to "Chapter,"
16
Ordinance No. 2022-02
"Section," "Article" or such other appropriate word or phrase, the use of which shall
accomplish the intentions herein expressed; provided, however, that Section 1 hereof or
the provisions contemplated thereby shall not be codified.
SECTION 11. EFFECTIVE DATE.
This Ordinance shall take effect upon the adoption of this Ordinance by the
Commission of the City of Opa-Locka is subject to the approval of the Governor or
Governor's Designee.
PASSED FIRST READING this 8th day of December 2021.
PASSED SECOND READING this 12th d of January 2022.
Veronica J. Williams, Mayor
ATTEST:
Jonna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Attorney
Burn dJe tCNorris-Vy/eeks, P.A.
Moved by: Commissioner Dominguez
Seconded by: Vice Mayor Taylor
17
Ordinance No. 2022-02
VOTE: 5-0
Commissioner Bass YES
Commissioner Davis YES
Commissioner Dominguez YES
Vice Mayor Taylor YES
Mayor Williams YES
18
12NW 1
NEIGHBORS 1
I SUNDAY JANUARY 2 2022
CITY OF OPA-LOCKA, FLORIDA
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold public hearings at the Regular Commission Meeting on Wednesday, January 12, 2022 at 7:00 p.m., at
Sherbondy Village Auditorium, 215 Perviz Avenue, Opa-locka, Florida, to consider the following items for final adoption:
SECOND READING ORDINANCES/PUBLIC HEARING'
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING THE ANNUAL ADOPTED GENERAL, PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGETS
FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022, ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; PROVIDING FOR
THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGETS AND
EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATIONS AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AMENDING CHAPTER 2, ARTICLE XI, DIVISION 13 OF THE CITY'S CODE OF ORDINANCES ENTITLED
"HISTORIC ENVIRONMENTAL PRESERVATION BOARD" TO ESTABLISH MINIMUM STANDARDS FOR MUNICIPAL HISTORIC PRESERVATION PROGRAMS AS SET FORTH IN THE MIAMI-DADE COUNTY
HISTORIC PRESERVATION ORDINANCE SECTION 16A-3.1; PROVIDING FOR BOARD ORGANIZATION AND QUALIFICATIONS; BOARD DUTIES AND RESPONSIBILITIES; SCOPE OF REGULATIONS;
DEFINITIONS; ADMINISTRATION AND ENFORCEMENT RULES AND REGULATIONS; SITE/DISTRICT/ZONE DESIGNATION PROCESS AND PROCEDURES; DEMOLITION PROCESS AND PROCEDURES;
PROCEDURES FOR MAINTENANCE OF DESIGNATED PROPERTIES; CERTIFICATE TO DIG PROCEDURES; AN APPEALS PROCESS; PENALTIES AND INCENTIVES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICT AND REPEALER; RESCINDING ALL RESOLUTIONS IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE DISSOLUTION OF A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (SPECIAL
DISTRICT) IN ACCORDANCE WITH CHAPTER 189.071 FLORIDA STATUTES, AND REPEALING ORDINANCE 88-03 AND ORDINANCE 88-04, FOR THE ALI-BABA NEIGHBORHOOD IMPROVEMENT
DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 45 ACRES, BOUNDED ON THE EAST BY N.W. 17" AVENUE, ON THE WEST BY N.W. 22"" AVENUE, ON THE NORTH BY N.W.
151. STREET, AND ON THE SOUTH BY N.W. ALI BABA AVENUE; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading
/ public hearing held on December 8, 2021).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE DISSOLUTION OF A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (SPECIAL DISTRICT)
IN ACCORDANCE WITH CHAPTER 189.071 FLORIDA STATUTES, AND REPEALING ORDINANCE 88-03 AND ORDINANCE 88-11, FOR THE EAST -WEST SAFE NEIGHBORHOOD DISTRICT WITHIN AN
AREA CONTAINING APPROXIMATELY 100 ACRES, BOUNDED ON THE EAST BY N.W. 17" AVENUE, ON THE WEST BY N.W. 22'. AVENUE, ON THE NORTH BY N.W. 141. STREET, AND ON THE SOUTH
BY N.W. 135. STREET; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE DISSOLUTION OF A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (SPECIAL
DISTRICT) IN ACCORDANCE WITH CHAPTER 189.071 FLORIDA STATUTES, AND REPEALING ORDINANCE 88-03 AND ORDINANCE 88-05, FOR THE NILE GARDENS NEIGHBORHOOD IMPROVEMENT
DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 320 ACRES, BOUNDED ON THE EAST BY N.W. 27TH AVENUE, ON THE WEST BY ALEXANDRIA DRIVE, ON THE NORTH BY N.W. 135TH
STREET, AND ON THE SOUTH BY N.W. 128TH STREET; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading /
public hearing held on December 8, 2021).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 15-31 LAND DEVELOPMENT REGULATIONS TO INCLUDE THE MOORISH REVIVAL
STYLE DESIGN HANDBOOK; PROVIDING FOR DEFINITIONS, PERMIT AND SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 15-31 LAND DEVELOPMENT REGULATIONS TO INCLUDE ARTICLE IV, SECTION
22-101, CREATING THE HISTORIC DOWNTOWN OPA-LOCKA DISTRICT PROVIDING FOR DEFINITIONS, PROVIDING FOR PERMITTED AND PROHIBITED USES; PROVIDING FOR DEVELOPMENT
CRITERIA; PROVIDING FOR SPECIAL PERMIT REQUIREMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE (first reading / public
hearing held on December 8, 2021).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 15-31 LAND DEVELOPMENT REGULATIONS TO INCLUDE ARTICLE IV, SECTION
22-102, CREATING THE OPA-LOCKA INNOVATION DISTRICT, PROVIDING FOR DEFINITIONS, PROVIDING FOR PERMITTED AND PROHIBITED USES, PROVIDING FOR DEVELOPMENT REGULATIONS
AND INCENTIVES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021).
RESOLUTIONS/PUBLIC HEARINGS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE VARIANCE REQUEST FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL
WAREHOUSE / DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129-000-0061 IN THE 1-3 ZONING DISTRICT;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE FINAL SITE PLAN REVIEW REQUEST FOR THE CONSTRUCTION AND OPERATION OF AN
INDUSTRIAL WAREHOUSE / DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08.2129-000.0061 IN THE 1-3 ZONING
DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE DEVELOPMENT AGREEMENT REVIEW FOR THE CONSTRUCTION AND OPERATION OF AN
INDUSTRIAL WAREHOUSE / DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129-000-0061 IN THE I-3 ZONING
DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
All interested persons are encouraged to participate and will be heard with respect to the public hearings.
Additional information on the above item may be obtained by contacting the Office of the City Clerk by telephone 305-953-2800 or email jflores@opalockafl gov. To participate or provide comments virtually,
please register on the City of Opa-locka website at www.opalockafl.gov no later than 7:00 p.m. on Wednesday, January 12, 2022.
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 953-2800 for
assistance not later than five (5) days prior to the proceeding. If hearing impaired, you may telephone the Florida Relay Service at (800) 955-8771 (TTY), (800) 955-8770 (Voice), (877) 955-8773 (Spanish) or
(877) 955-8707 (Creole).
PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency, or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal may be based.
Joanna Flores, CMC
City Clerk
City of Opa-Iocka
City of Opa-locka
Agenda Cover Memo
Department
Director:
Gregory D. Gay
Department
Director
Signature:
r_
c_:,-�
City
Manager: Y
John E. Pate
CM Signature 7
Commission
Meeting
Date:
December 8, 2021
Item Type:
(EnterX in
box)
Resolution
Ord' ce
Other
X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1st Reading
2nd Reading
X
X
X
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
X
X
Funding
Source: N/A
Account# :
(Enter Fund & Dept)
Ex:
See Financial
Impact section
below
Advertising Requirement:
(EnterX in box)
Yes
No
X
ILA
Required:
(EnterX in
box)
Yes
No
RFP/RFQ/Bid#: N/A
X
Strategic Plan
Related
(EnterX in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic
Public Safety
Quality of Education
Qual. of Life & City
Communcation
Area:
0
Dev .
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
MI
El
Image l�
•
Sponsor Name
City Manager
Department:Planning &
Community Development
City Manager
Short Title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA
AMENDING CHAPTER 2, ARTICLE XI, DIVISION 13 ENTITLED "HISTORIC
ENVIRONMENTAL PRESERVATION BOARD" TO ESTABLISH MINIMUM STANDARDS
FOR MUNICIPAL HISTORIC PRESERVATION PROGRAMS AS SET FORTH IN THE
MIAMI-DADE COUNTY HISTORIC PRESERVATION ORDINANCE SECTION 16A-3.1;
PROVIDING FOR BOARD ORGANIZATION AND QUALIFICATIONS; BOARD DUTIES
AND RESPONSIBILITIES; SCOPE OF REGULATIONS; DEFINITIONS;
ADMINISTRATION AND ENFORCEMENT RULES AND REGULATIONS;
SITE/DISTRICT/ZONE DESIGNATION PROCESS AND PROCEDURES; DEMOLITION
PROCESS AND PROCEDURES; PROCEDURES FOR MAINTENANCE OF DESIGNATED
PROPERTIES; CERTIFICATE TO DIG PROCEDURES; AN APPEALS PROCESS;
PENALTIES AND INCENTIVES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICT AND REPEALER; RESCINDING ALL RESOLUTIONS IN
CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The City of Opa-locka established the Opa-locka Historic Preservation Board by Ordinance 81-13
for the purpose of protecting and perpetuating properties worthy of historic preservation. The
City adopted Resolution 91-01 and Ordinance 91-02 to identify the properties in the City that were
deemed outstanding examples of Moorish architecture, that were built based on the original plans
as designed by its founder, Glenn Curtiss and to establish a list of properties that meet the
requirements for being of historical, cultural, architectural and archeological significance which
included the property at 432 Opa-Iocka Boulevard. The City Commission has determined that
it is in the best interests and welfare of the City of Opa-locka and its residents to enact an
ordinance that establishes a board that performs the functions of both the Historic Preservation
Board ad the Environmental Tree Board. The City established the Historic Environmental
Preservation Board pursuant to Ordinance 16-13 on October 12, 2016 in order to preserve and
protect the City's historic and cultural heritage and foster civic pride. The Historic Environmental
Preservation Board was also established to potect the green environment within the City,
especially, the preservation of its trees in order to support Arbor Day principles. The Historic
Environmental Preservation Board held a meeting on January 28, 2021 to introduce new board
members, establish Board Chair and Vice -Chair, and for improvements to the HEPB. Pursuant
to Planning Sr Community Development Department Director & Staff meeting with Miami Dade
County Historic Preservation Chief, we received notice that independent municipal historic
preservation programs were required to adopt the minimum standards as provided by Miami -
Dade County regulations, Chapter 16A-3.1. The Historic Environmental Preservation Board held
a meeting on September 28, 2021 and after presentation of the minimum standards as provided
by Miami -Dade County regulation, Chapter 16A-3.1 the City Historic Environmental
Preservation Board recommended approval of the amendment of the City Code, Chapter 2
Article XI, Division 13, Sec 2-570.83, to establish minimum standards for municipal historic
preservation programs as required by Miami -Dade County Historic Preservation Ordinance
Section 16A-3.1.
Financial Impact
Account
Description
Available
Project
Remaining Balance
There is no fiscal impact for this legislation.
Proposed Action:
Staff recommended approval of this legislation
Attachment:
Draft Ordinance to adopt minimum standards for municipal historic preservation program
Ordinance 16-13
Ordinance 81-13
Resolution 91-01
Ordinance 91-02
lst Reading: September 14, 2016
2nd Reading: October 12, 2016
Public Hearing: October 12, 2016
Adopted: October 12, 2016
Effective Date: October 12, 2016
Sponsored by: City Manager
ORDINANCE NO. 16-13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
ESTABLISHING A NEW ADVISORY BOARD TO THE CITY COMMISSION TO INCLUDE THE
CONSOLIDATION AND ACTIVATION OF THE HISTORIC PRESERVATION BOARD AND THE
ENVIRONMENTAL (TREE) PRESERVATION BOARD; PROVIDING FOR SEVERABILITY
CLAUSE; PROVIDING FOR A CONFLICT AND REPEALER CLAUSE AND RESCINDING ALL
ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-Iocka Charter provides that the City Commission has the power to
establish and/or reauthorize a Historic Preservation Board, which shall be vested with the power,
authority and jurisdiction to designate, regulate and administer decision making responsibilities as may
be specified by ordinance or general law for historical, cultural, archeological and architectural resources
in the City of Opa-Iocka, and
WHEREAS, the City of Opa-Iocka Charter provides that the City Commission has the power to
establish an Environmental (Tree) Preservation Board, which shall be vested with the power, authority
and jurisdiction as may be specified by ordinance or general law, and to make recommendations to
regulate, and amend regulations concerning the planting and care of shade and ornamental trees and
shrubbery and the ground surrounding the same, which may be planted along any public highway or
right of way, pathway , or in any park, for their proper growth, care and protection, and to move or
require the removal of any tree or part thereof deemed dangerous to public safety, and recommend the
treatment or removal of any tree situated upon private property which is believed to harbor a disease or
insects readily communicable to neighboring healthy trees in the care of the City, and the proposed
regulations are subject to approval by the City Commission; and
WHEREAS, the City Commission has determined that it is in the best interests and welfare of the
City of Opa-locka and its residents to enact an ordinance that establishes a board that performs the
functions of both the Historic Preservation Board and the Environmental Preservation Board; and
WHEREAS, the City of Opa-Iocka intends that this Ordinance adopting the new Historic
Environmental Preservation Board shall replace the City of Opa-locka regulations and legislations in
conflict with this Ordinance upon its adoption; and
WHEREAS, the City of Opa-locka intends that this Ordinance shall list the functions of the
Historic Environmental Preservation Board; and
Ordinance No. 16-13
WHEREAS, the City of Opa-Iocka City Commission has determined that the Historic
Environmental Preservation Board established by this Ordinance is consistent with the Comprehensive
Plan.
NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF OPA-LOCKA HEREBY ORDAINS as
follows:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted
and confirmed as being true, and the same is hereby incorporated as part of this Ordinance.
Section 2. City of Opa-Iocka Historic Environmental Preservation Board.
Sec. 2.1. Created; Composition; Term of Office; Qualifications; Organization; Meetings; Records.
1) A Historic Environmental Preservation Board is hereby created, which shall be an
advisory body to the Commission, consisting of 9 members, each of whom shall be appointed
by the City Commission, for a term of 2 or 4 years, except for the initial terms of the Board
upon its creation. The terms shall be staggered such that not fewer than 2 nor more than 3
terms shall expire each year. The terms of board members shall commence on October 1
and shall expire on September 30. Each member of the Board shall serve until the expiration
of his or her term.
2) At least 5 members of the Historic Environmental Board shall be residents of the City of
Opa-Iocka and a registered voter of the City of Opa-Iocka, Florida. The City Commission shall
specifically designate these resident members. The City Commission, within its discretion,
shall appoint up to a maximum of four (4) members of the board who are not residents or
registered voters of the City of Opa-Iocka, Florida. These (4) appointments shall be made on
the basis of civic pride, integrity, experience and interest in the field of historic preservation
and City beautification. The City Commission should ensure to appoint one of each of the
following (I) an architect, (ii) a landscape architect, or (iii) certified Arborist. Members of the
Historic Environmental Preservation Board shall have diverse backgrounds, and whenever
possible, prior experience in land use, planning, zoning, legal matters, landscape
architecture, historic preservation or working knowledge of historic preservation principles
and general working knowledge of tree and plant identification and characteristics.
Members of the Historic Environmental Preservation Board shall hold no other public office
or position in the City of Opa-Iocka.
3) An organizational meeting of the Historic Environmental Preservation Board shall be
held to elect a chair and vice -chair from among its appointed members. The City
Ordinance No. 16-13
Commission upon written charges and after public hearing may remove members and
vacancies shall be filled for the unexpired term of any removed member.
4) At least one regular meeting of the Board shall be held each month, as needed and as
determined by the Chair; Special meetings may be called by the Chairman or by any 3, at
minimum, regular members of the board. The Historic Environmental Preservation Board
shall keep record of its proceedings, pursuant to Florida law, findings and determinations
showing the vote on each matter and shall file the record and approved minutes of each
meeting with the City Clerk within 30 days of the date of the meeting, or as soon thereafter
as practicable. Members of the Historic Environmental Board shall serve without
compensation.
5) The Historic Environmental Preservation Board may adopt reasonable rules of
procedure to govern the conduct of its business and the holding of public hearings and
workshops, consistent with any procedures established for it by the City Commission. The
Sec. 2-2 Duties and Responsibilities
The duties and responsibilities of the Historic Environmental Preservation Board shall
include the following:
(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 of 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 city commission.
(9) Review and update the historic survey as it applies to the City of Opa-locka for its
quality and professional merit, and validate the findings of the survey as bonafide
and sincere, and conduct such local research as is considered appropriate;
(10) Implement the authority of this chapter and fulfill the tasks set forth for this board
by the city commissioners in this and other chapters;
(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, Dade County, and the City of Opa-locka;
(13) Provide an annual report to the City Commission. (Ord. No. 81-13, § 9, 5-27-81)
Ordinance No. 16-13
(14) To make recommendations to amend, and control over the regulating, planting
and care of shade and ornamental trees and shrubbery now located or which
may hereafter be planted in any public highway, park or pathway, except such as
are excluded pursuant to applicable law, including the planting, trimming,
spraying care and protection thereof.
(15) Make recommendations to regulate and control the use of the ground
surrounding the same, so far as may be necessary for their proper growth, care
and protection of trees and shrubbery.
(16) Move or require the removal of any tree or part thereof dangerous to public
safety.
(17) Propose regulations, subject to approval by the City Commission.
(18) Recommend the treatment or removal of any tree situated upon private property
which is believed to harbor a disease or insects readily communicable to
neighboring healthy trees in the care of the City.
(19) Meet once a month, as needed, and keep public record of its resolutions, findings
and determinations. (Ord. No. 14-05, § 2, 6-11-14)
Section 3. Severability. If any section, subsection, clause or provision of this
Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the
remainder shall not be affected by such invalidity.
Section 4. Conflict. All sections or parts of sections of the applicable City of
Opa-locka ordinances currently in place in conflict herewith are intended to be rescinded
and repealed to the extent of such conflict.
Section 5. Effective Date. This Ordinance shall be effective upon adoption at
second reading.
PASSED AND ADOPTED THIS 12th day of October, 2016.
Attest to:
Jo r na Flores
City Clerk
Myra L. Taylor
Mayor
Approved as to form and legal sufficiency:
Vincent T. Brown
The Brown Law Group
City Attorney
Ordinance No. 16-13
Moved by:
Seconded by:
Commission Vote:
Commissioner Kelley:
Commissioner Riley:
Commissioner Santiago:
Vice -Mayor Holmes:
Mayor Taylor:
COMMISSIONER KELLEY
COMMISSIONER RILEY
4-0
YES
YES
YES
OUT OF ROOM
YES
8NW
NEIGHBORS
CRIME WATCH
Site helps police notify family in case of crash
BY CARMEN GONZALEZ
CALDWELL
Sparta! to The Miami Herald
As 1 drive our
streets in Miami -
Dade, 1 often won-
der about the
possibility of getting into
an accident since I spend
so much time on the road.
The thought often comes
into mind that if 1 got into
an accident, "How would
my family know?"
I have seen many acci-
dents over the years in
which people died on the
scene, and their families
didn't even know about it.
This happens mostly be-
cause police have no con-
tact information. Many
years ago, when I worked
for Hialeah, we arrived on
the scene of a motorcycle
accident in which a youth
was killed on the scene. All
I could think of was his
mother — how do we fmd
her, how do we tell her that
her son is dead in the mid-
dle of Red Road? My heart
was heavy with pain, and I
was so frustrated.
Over the years there
have been several pro-
grams such as ICE (In Case
of Emergency), in which
you add a cellphone con-
tact with the letters "ICE"
as the contact you'd like to
call in case of an emergen-
cy. I also place that in-
formation on the inside of
my visor or in the glove
compartment I also have
suggested to parents to
place a contact number in
the back of their child's car
seat.
A reader told me about a
state program through the
Florida Highway Safety and
Motor Vehicles, in which
you register online at
www.fthsmv.gov/driver-
licenses-id-cards/emergen-
cy-contact-information-
history/ and link your driver
license or identification card
to emergency contact in-
formation. The system al-
lows Floridians to volun-
tarily provide emergency
contact online, giving law
enforcement immediate
CITY OF OPA-LOCKA
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the 107 comaua,a of the Cl y el oa.laein. Ronda u had public hearings at iR Regular
Gamma.. Meeting m Wednmday, October 12, 2016 a 7:00 PM E the Anshan ., at Sbeabundy Yillaae, 2(5 Pavia Avenue. op.-Iai4 Honda,
to ar0.ir a the fallowing 11am:
SECOND READING ORDINANCES/PUBLIC HEARING;
AN ORDINANCE OF THE CITY COMMISSION OF THE Crre OF OPA-LOCKA FLORIDA, ESTABLISHING A NEW
ADVISORY BOARD TO THE CITY COMMISSION TO INCLUDE THE CONSOLIDATION AND ACTIVATION OF THE
HISTORIC PRISERVAT)ON BOARD ANO THE ENVIRONMENTAL. (TREE) PRESERVATION BOARD; PROVIDING
FOR SEVIIRABILrrY CLAUSE, PROVIDING FOR A CONVICT AND REPEALER CLAUSE AND RESCINDING AL1-
ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE (Ars1 reading held nn September 14.2016).
AN ORDINANCE 00 THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ESTABLISHING A
NEW LAND USE ADVISORY BOARD TO TILE CITY COMMISSION TO INCLUDE THE CONSOLIDATION OF 771E
PLANNING COUNCIL AND THE ZONING BOARD OF APPEALS; PROVIDING RJR A SEVERABIJTY CLAUSE;
PROVIDING FOR A CONFLICT AND REPEALER CLAUSE AND RESCINDING ALL ORDINANCES IN CONFLICT;
PROVIDING FOR AN EFFECTIVE DATE (Ara reading held inn Sepember 14. 2016).
RESOLUTION/PUBLIC HEARING;
A RESOLUTION 00 711E CITY COMMISSION OF THE CITY OF OPA-I.00KA FLORIDA. TO CONSIDER 771E
REQUEST OF FLORIDA INDUSTRIAL PROPERTIES SIX. 1J.C, FOR APPROVAL TO AMEND THE DLNFJ.OPMENr
AGREEMENT TO CONSTRUCT AND OPERATE A MIXF]) USE TRAVEL CENTER WHICH INCLUDES COMMERCIAL.
INDUSTRIAL AND RETAIL USES AT 3325 NW 135ntSTREET. OPA-LOCI[A,FLORIDA„ 33054, ALSO INDENTIFTED BY
FOLIO 08.2121.007-2710; CONTAINING 272,741 SQUAREFEETOR 11.20 ACRES MORE OR LESS BY CALCULATIONS;
PROVIDING FOR INCORPORATION OF RECf'ALS; PROVIDING FOR AN EFFECTIVE DATE.
Addilinnef IM olio, m Me theca hems may be Panned in 10, Office of the Caly Clerk. 760Hs6aa,a 5bm,to 11oa, Op. leek Ronda 35054.
All interested persons we aawraeed W attend this awning said will IN head w,th wpm w he public haring.
In era -Andean.. with the Ammons with 0o,bili0es Ad of 1990. Pawns needing special areammtdnlms w p.Attip.le a the proseding should
coon. the Ofrc of the ON link at (305)953.2600 for pinnace m lace than serer 17) days aim 10 the preceding. If impaired. you may
sekpMme ale Florida Relay 50710 a (BI0) 9538771 HTY). MU 955 (Voice). (STD 955.8T13 (Spanish) w (877) 955.6770 ((10,02.).
PURSUANT TO FS 286.0105: Anyone who 4,2.,, w F9m ai any dreirio n made by a y bard agency. to ramnist0.ue wirh ropers w any mower
wuderd at smith mooing or 'hearing will need a record of do poredus,, . and for Aaron,. moy need m croon rhos a verbatim roord,,y tee
pmvedngeu made. wh4h rood do oaown,'ad M ev, ,e upon which dm appeal may he baud
JOANNA FLORES, CMC
CITY CLERK
access to this information
and making it easier for
them to speak with some-
one quicker in cases of
emergency.
Here are some frequent-
ly asked questions provid-
ed by Florida Highway
Safety and Motor Vehicles
that will help you decide if
you want to do this:
• Who will have access
to my emergency contact
information? Only law
enforcement personnel.
• Where is this informa-
tion stored? In the Driver &
Vehicle Information Data-
base system, which is a
secure database used by
most laws enforcement
agencies in Florida.
• Wdl my contact in-
formation be used for any
other purpose? No, this
SUNDAY 000/BI 21016
MtAMIHELAID.cOM
-.—wiRl91141E
RC WHITT MIAMI HERALD FILE. 2008
Fatal accidents pose a problem for authorities, who must
find and inform victims' families.
information will only be
used by law enforcement
officers to notify desig-
nated contacts if a motorist
is seriously injured or killed
in a traffic crash.
Also, it's important that
if your child takes a school
bus, keep parent contact
information inside their
backpack, not on the out-
side where strangers have
access.
I want to thank the read-
er who suggested this in-
formation, and as always, 1
love hearing from you with
your concerns and ideas.
Carmen Caldwell is
executive director of
Citizens' Crime Watch of
Miami -Dade. Send feedback
and news for this column to
carmen@citizenscri me
watch.org, or call her at
305-470-1670.
Public Hearing Notice
State Road (SR) 932/NW 103 Street/West 49 Street
from SR 826/Palmetto Expressway )'Cerchaoge to East 5 Aocnae
Project Identification Numbers: 434768-1/2-52-01
The Florida Departrnus A of Transportation (FDOT) will host
a public hearing for two roadway projects along SR 932/NW 103 Street/West 49 Street
from SR 826/Palmetto Expressway Interchange to East 5 Avenue in
Miami -Dade County.
FDOT
6 p.m. to 8 p.m.
Thursday, October 6, 2016
Miami -Dade College, Hialeah Campus, Room 5101-B
1780 W 49 Street, Hialeah, FL 33012
For information about this hearing or project, please contact Public Information
Specialist Monica Diaz at (305) 573-0089 or email at Monica@iscprgroup.com
Visit www.fdotmiamidade.com for project information.
The hearing will follow an informal format allowing the public to arrive at any time from 6 p.m. to 8 p.m.,
with a formal presentation starting at 6:30 p.m. Graphic displays will be shown and FDOT representatives will
be available to discuss the project and answer questions. Publk participation at this meeting is solicited
without regard to race, color, national origin, age, gender, religion, disability or family status. Pursuant to the
provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate
in this workshop/hearing is asked to advise the agency at lent 7 days before the workshop/hearing by
contacting; Jeannine Gaskmde at (305) 470-5349 or in wraing: 0007, 1000 N.W. 111 Avenue, Miami. FL
33172, email: Jeannine.Gaslonde@dot.state.0.us. If you are hearing or speech impaired, please contact the
agency using the Florida Relay Service, 1 (8001 9 55-87 71 (TDO) or 1 (800) 955-8770 (Vol,.,).-
City of Opa-Iocka
Agenda Cover Memo
Commission Meeting
Date:
September 14, 2016
Item Type:
(EnterX in box)
Resolution
Ordinance
Other
X
Fiscal Impact:
Yes
Ordinance Reading:
(Enter X in box)
10 Reading
2nd Reading
X
X
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
X
Funding Source:
N/A
(N/A)
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O. Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bid #:
N/A
X
Strategic Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Area:
0
Illi
Strategic Plan ObjJStrategy:
New Development
X
MI
0
in
Sponsor Name
City Manager
Department:
Community Development
Short Title:
An ordinance of the City Commission of the City of Opa-Iocka, Florida, establishing a new advisory board to the City Commission
to include the consolidation and activation of the Historic Preservation Board and the Environmental (tree) Preservation Board;
Providing a severability clause; Providing for a conflict and repealer clause and rescinding all ordinances in conflict; Providing for
an effective date.
Staff Summary
The City of Opa-Iocka Charter provides that the City Commission has the power to establish and or reauthorize a Historic
Preservation Board, which shall be vested with the power, authority and jurisdiction to designate, regulate and administer decision
making responsibilities as may be specified by ordinance or general law for historical, cultural, archeological and architectural
resources I the City of Opa-Iocka. The City of Opa Iocka Charter provides that the City Commission has the power to establish an
Environmental (Tree) Preservation Board, which shall be vested with the power, authority and jurisdiction as may be specified by
ordinance or general law, and to make recommendations to regulate, and amend regulations concerning the planting and care of
shade and ornamental trees and shrubbery and the ground surrounding the same, which may be planted along any public highway
or right of way, pathway, or in any park, for their proper growth, care and protection, and to move or require the removal of any
Ordinance — To Create the Historic Environmental Preservation Board 09-14-16
1
tree or part thereof deemed dangerous to public safety, and recommend the treatment or removal of any tree situated upon private
property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the City,
and the proposed regulations are subject to approval by the City Commission. It has been determined that it is in the best
interests and welfare of the City of Opa-locka and its residents to enact an ordinance that establishes a board that performs the
functions of both the Historic Preservation Board and the Environmental Preservation Board. The functions, duties, term of office,
organization, composition and meetings of the new Historic Environmental Preservation Board are listed in this Ordinance.
Proposed Action:
Staff recommends approval of this Ordinance.
Attachments:
1. City Code of Ordinance for Historic Preservation Board
2. City Code of Ordinance for Tree Board
3. City Commission Ordinance DRAFT
Ordinance —To Create the Historic Environmental Preservation Board 09-14-16 2
Memorandum
TO:
Myra L. Taylor, Mayor
Timothy Holmes, Vice Mayor
John Riley, Commissioner
Joseph L. Kelley, Commissioner
Luis B. Santiago, Commissioner
FROM: Yvette Harrell, City Manager
DATE: August 22, 2016
RE: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
ESTABLISHING A NEW ADVISORY BOARD TO THE CITY COMMISSION TO INCLUDE
THE CONSOLIDATION AND ACTIVATION OF THE HISTORIC PRESERVATION BOARD
AND THE ENVIRONMENTAL (TREE) PRESERVATION BOARD; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A CONFLICT AND REPEALER CLAUSE
AND RESCINDING ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE
DATE.
Request:
An ordinance of the City Commission of the City of Opa-locka, Florida, establishing a new advisory board to
the City Commission to include the consolidation and activation of the Historic Preservation Board and the
Environmental (tree) Preservation Board; Providing a severability clause; Providing for a conflict and
repealer clause and rescinding all ordinances in conflict; Providing for an effective date.
Description:
The City of Opa-locka Charter provides that the City Commission has the power to establish and or reauthorize a
Historic Preservation Board, which shall be vested with the power, authority and jurisdiction to designate, regulate
and administer decision making responsibilities as may be specified by ordinance or general law for historical,
cultural, archeological and architectural resources I the City of Opa-locka. The City of Opa locka Charter provides
that the City Commission has the power to establish an Environmental (Tree) Preservation Board, which shall be
vested with the power, authority and jurisdiction as may be specified by ordinance or general law, and to make
recommendations to regulate, and amend regulations concerning the planting and care of shade and ornamental
trees and shrubbery and the ground surrounding the same, which may be planted along any public highway or right
of way, pathway, or in any park, for their proper growth, care and protection, and to move or require the removal of
any tree or part thereof deemed dangerous to public safety, and recommend the treatment or removal of any tree
situated upon private property which is believed to harbor a disease or insects readily communicable to neighboring
healthy trees in the care of the City, and the proposed regulations are subject to approval by the City Commission. It
has been determined that it is in the best interests and welfare of the City of Opa-locka and its residents to enact an
ordinance that establishes a board that performs the functions of both the Historic Preservation Board and the
Environmental Preservation Board. The functions, duties, term of office, organization, composition and meetings of
the new Historic Environmental Preservation Board are listed in this Ordinance.
Ordinance — To Create the Planning & Zoning Board 09-14-16 1
Financial Impact:
There are no immediate financial impacts associated with approval of this Ordinance;
Implementation Time Line:
Immediately
Legislative History:
Ordinance 13-38
Ordinance 14-05
Resolution 91-1
Ordinance 91-2
Planning Council Recommendation:
Not reviewed by the Planning Council.
Staff Recommendation:
Staff has recommended approval of this Ordinance.
Attachment(s)
City Code of Ordinance for the Historic Preservation Board
City Code of Ordinance for the Tree Board
City Commission Ordinance DRAFT
Prepared By: Gerald Lee, Zoning Official/Planner
Gregory Gay, Director
Planning and Community Development Department
Ordinance — To Create the Planning & Zoning Board 09-14-16 2
Chapter 11.1- HISTORIC PRESERVATIONW
Footnotes:
--- (1) ---
Cross reference— Ordinances saved from repeal. § 22-1.
ARTICLE I. - IN GENERAL
Sec. 11.1-1. - Short title.
This ordinance shall be known and may be cited as the "City of Opa-locka Historic Preservation /
Environmental (Tree) Preservation Board Ordinance."
(Ord. No. 81-13, § 1, 5-27-81)
Sec. 11.1-2. - Legislative intent. (Historic Preservation)
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 interests of
the health, prosperity and welfare of the people of Opa-locka. Therefore, this chapter 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 city's, county's and region's cultural, social, economic,
political, scientific, religious, prehistoric and architectural history;
(2) Safeguard the area'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 area's attraction to visitors and the support and stimulus to the
economy thereby provided; and
Promote the use of individual sites and districts for the education, pleasure and welfare of the
people of the Opa-locka area, Dade County and the South Florida metropolitan region.
(5)
(Ord. No. 81-13, § 2, 5-27-81)
Sec. 11.1-3. - Scope of regulations.
This chapter is intended to and shall govern and be applicable to all property located in the City of
Opa-locka, 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 laws, rules and regulations. It is the legislative intent of the Opa-locka City Commission that this
chapter shall meet the requirements of section 3, subsections (1), (2) and (3) of Dade County Ordinance
81-13 as a qualified municipal historic preservation ordinance, and that Ordinance No. 81-13 shall be filed
with the Clerk of [the] Dade County Board of County Commissioners and with the National Register of
Historic Places for certification to be eligible under the 1976 Tax Act.
Page 1
(Ord. No. 81-13, § 3, 5-27-81)
Sec. 11.1-4. - Definitions.
(1) Archeological zone. An area designated by this chapter which is likely to yield information on the
history and prehistory of Opa-locka based on prehistoric settlement patterns in Opa-locka as
determined by the results of the Dade County Historic Survey and local research. These zones will
tend to conform to natural physiographic features which were the focal points for prehistoric and
historic activities.
(2) Certificate of appropriateness. A certificate issued by the board permitting certain alterations or
improvements to a designated individual site or property in a designated district.
(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.
(3)
(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.
(c) In the absence of a quorum of the board, the city manager may issue regular or special
certificates of appropriateness, subject to a majority vote of the city commission, in accordance
with all administrative requirements pursuant to sections 11.1-1 through 11.1-26 of the historic
preservation ordinance.
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
pursuant to this chapter.
(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 chapter.
(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 Opa-locka.
(9) Historic preservation board. A board of citizens created by this chapter as described in sections 11.1-
5 through 11.1-9.
(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 chapter. Under the provisions of this chapter, interior
spaces may be regulated only where a building or structure is designated individual site.
Page 2
(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.
(Ord. No. 81-13, § 4, 5-27-81; Ord. No. 85-9, § 1, 4-24-85; Ord. No. 15-03, § 2, 2-11-15)
Secs. 11.1-5-11.1-14. - Reserved.
ARTICLE II. - ADMINISTRATION
Sec. 11.1-15. - Historic preservation board —Created; established.
There is hereby created a historic preservation board, ("the board"), as a governmental agency of
the city government in and for the City of Opa-locka, Florida. The board is hereby vested with the power,
authority and jurisdiction to designate, regulate and administer historical, cultural, archeological and
architectural resources in Opa-locka, Florida, as prescribed by this chapter under the direct jurisdiction
and legislative control of the Opa-locka City Commission.
(Ord. No. 81-13, § 5, 5-27-81)
Sec. 11.1-16. - Members.
The board shall consist of nine (9) members appointed by the city commission. A minimum of five (5)
members of the board shall be and shall hold office only so long as he or she is a resident and registered
voter of the City of Ooa-k cka. Florida. These resident members shall be specifically designated by the
city commission. The city commission, within its discretion, shall appoint up to a maximum of four (4)
members of the board who are not residents or registered voters of the city of Opa-locka, Florida.
Appointments shall be made on the basis of civic pride, integrity, experience and interest in the field of
historic preservation. The city commission should attempt to appoint architects, realtors, archaeologists,
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 concem for historic
preservation. The term of office of membership shall be five (5) years, except that, of the five (5) members
first appointed, one shall be appointed for a term of one year, one for a term of two (2) years, one for a
term of three (3) years, one for a term of four (4) years, and one for a term of five (5) years. Thereafter
successors shall be appointed for a term of five (5) years each. Any vacancies during the unexpired term
of an appointive member shall be filled by the city commission for the remainder of the term. 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
Page 3
necessary expenses incurred in the performance of their official duties, as shall be determined and
approved by the city 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 city clerk. A member of the board may be removed from office only by a four -fifths
vote of the entire membership of the city commission; however, whenever a member of the board shall
fail to attend three (3) consecutive meetings, the chairman shall certify the same to the city commission.
Upon such certification the member shall be deemed to have been removed and the city commission
shall fill the vacancy by appointment.
(Ord. No. 81-13, § 6, 5-27-81; Ord. No. 85-9, § 2, 4-24-85)
Sec. 11.1-17. - Organization.
The members of the board shall select a chairman who shall serve at the pleasure of the board and
such other officers as may be deemed necessary or desirable. The city manager shall provide adequate
personnel for the board including, but not limited to, representatives from the departments of community
development, public works, public affairs and city attorney 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 city clerk.
(Ord. No. 81-13, § 7, 5-27-81)
Sec. 11.1-18. - Rules and regulations.
The board shall make and prescribe such rules and regulations as are 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 city commission and filed with the city clerk. Upon approval by the commission,
such rules and regulations shall have the force and effect of law within the City of Opa-locka, 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.
(Ord. No. 81-13, § 8, 5-27-81)
Sec. 11.1-19. - Powers and duties.
The historic 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 of regular certificates of
appropriateness;
(7) Promote the awareness of historic preservation and its community benefits;
Page 4
(8) No actions of this board will supersede or be construed as superseding the authority of the city
commission.
(9) Review and update the historic survey as it applies to the City of Opa-Iocka for its quality and
professional merit, and validate the findings of the survey as bonafide and sincere, and conduct
such local research as is considered appropriate;
(10) Implement the authority of this chapter and fulfill the tasks set forth for this board by the city
commissioners in this and other chapters;
(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, Dade
County, and the City of Opa-Iocka;
(13) Provide an annual report to the city commission.
(Ord. No. 81-13, § 9, 5-27-81)
Sec. 11.1-20. - Designation process and procedure.
(1) [Designation authority.] 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 Opa-locka's history,
architecture, archeology, or culture and possesses an integrity of location, design, setting, 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 nation; 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 or work
of a master; or that possess high artistic value, 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.
(2) [Requirements for designation.] 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 twenty-five (25) years, will not normally be considered for designation.
However, such properties will qualify if they are integral parts of districts that do 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 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;
Page 5
(3)
(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 twenty-five (25) years if it is of
exceptional importance.
[Investigation and designation report.]Prior to the designation of an individual site, a district, or an
archeological zone, an 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, or archeological significance of the property of
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 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 those properties, if any, within
the district which are not historically or architecturally compatible with structures in the district. The
standards for regulating such nonconforming properties shall provide that a certificate of
appropriateness may be required only for new construction on such properties. All reports shall take
into consideration projected, proposed or existing public improvements and developmental or
renewal plans.
(4) Procedure.
(a) Petition of the owner. The owner(s) of any property in the City of Opa-locka 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 or the acceptance of
petitions pursuant to subsection (4)(a) of this section, direct staff to begin the designation
process by preparing a designation report, pursuant to subsection (3) of this section and any
other standards the board may deem necessary. Upon completion, the designation report shall
be filed with the board. The filing of the designation report with the board as required by this
section shall be made by filing the report with the City of Opa-locka City Clerk who shall note
thereon the filing date and time.
(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
fifteen (15) days prior to a public hearing held pursuant to this section.
(d) Notification of government agencies. Upon filing of a designation report, the community
development director shall immediately notify the clerk of the board of county commissioners,
the city clerk, the city building official, the city attorney 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. Owners of record or other parties having an
interest in the proposed designated properties, if known, shall be notified of 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 ten (10)
days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to
the proposed designation.
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(f)
Requirement of notification. The board shall, by written resolution, state its decision to approve,
deny, or amend the proposed designation and shall direct the secretary of the board to notify
the following of its actions with a copy of the resolution:
1. The City of Opa-locka Building Official;
2. The county clerk;
3. The Opa-Iocka City Clerk;
4. Owner(s) of the affected property and other parties having an interest in the property, if
known;
5. The Opa-Iocka Public Affairs Department;
6. The Opa-Iocka Public Works Department; and
7. Any other county or municipal agency, including agencies with demolition powers, that may
be affected by this action.
(g) [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.
(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 is completed.
(Ord. No. 81-13, § 10, 5-27-81; Ord. No. 85-9, § 3, 4-24-85)
Sec. 11.1-21. - Application for certificate of appropriateness.
(1) [Required.] No building, structure, improvement, landscape feature or archeological site within the
City of Opa-Iocka which is designated pursuant to section 11.1-10 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
the board for approval pursuant to the procedures in this section. Architectural features shall include,
but not be limited to, the architectural style, scale, massing, siting, general design, ingress and
egress, 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 11.1-10.
Landscape features and site improvements shall include, but are not limited to, site regarding
[regrading], subsurface alterations, fill deposition, paving, landscaping, walls, fences, courtyards,
vehicular movement systems, 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.
(2) [Procedures required.] The board shall develop procedures for making application for both a regular
and special certificate of appropriateness.
[Application standards.] 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 and
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 the community development staff to
make decisions regarding applications for regular certificates of appropriateness.
(3)
Page 7
(4) 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 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, 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.
Special certificates of appropriateness.
(a) An applicant for a special certificate of appropriateness shall submit his application to the board
pursuant to section 11.1-10 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 feature, paving, signage and
exterior lighting. The applicant shall provide adequate information to enable the board to
visualize the effect of the proposed action on 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.
(c) The board shall approve, deny, or approve in modified form an application, subject to the
acceptance of the modification by the applicant, or suspend action on the application 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 Opa-locka Building Official. The board shall keep a record of its actions under
this section.
(5)
(6) 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 approved
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 11.1-10. 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 (6)(d) herein. The board may grant a special certificate of
appropriateness which may provide for a delayed effective date of up to two (2) years. The
effective date shall be determined by the board based upon the relative significance of the
Page 8
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 section, 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 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?
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?
[Appeals.] 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
section would result in serious undue economic hardship to the applicant, the matter shall be
officially referred to the Opa-locka Zoning Board of Appeals, which shall have the power to vary or
modify adherence to this section; provided always that its requirements ensure harmony with the
general purposes hereof and will not adversely affect the City of Opa-locka, Dade County, nor the
South Florida metropolitan region.
(a) In any instance where there is a claim of undue economic hardship, the owner may submit, by
affidavit, to the zoning board of appeals at least fifteen (15) days prior to the public hearing, the
following information:
a. For all property.
i. The amount paid for the property, the date of purchase and the party from whom
purchased;
ii. The assessed value of the land and improvements thereon according to the two (2)
most recent assessments;
(f)
iii . Real estate taxes for the previous two (2) years;
iv. Annual debt service, if any, for the previous two (2) years;
v. All appraisals obtained within the previous two (2) years by the owner or applicant in
connection with his purchase, financing or ownership of the property;
vi. Any listing of the property for sale or rent, price asked and offers received, if any; and
vii. Any consideration by the owner as to profitable adaptive uses for the property; and
b. For income -producing property.
i. Annual gross income from the property for the previous two (2) years;
ii. Itemized operating and maintenance expenses for the previous two (2) years;
Page 9
(8)
(9)
iii. Annual cash flow, if any, for the previous two years.
(b) The zoning board of appeals may require that an applicant furnish such additional information
as the board believes is relevant to its determination of undue economic hardship and may
provide in appropriate instances that such additional information be furnished under seal. In the
event that any of the required information is not reasonably available to the applicant and
cannot be obtained by the applicant, the applicant shall file with his affidavit a statement of the
information which cannot be obtained and shall describe the reasons why such information
cannot be obtained.
[Certificate of appropriateness required.] No building permit shall be issued by the Opa-locka
Building Official which affects any designated property in Dade County without a certificate of
appropriateness.
[Conformity required.] All work performed pursuant to the issuance of any certificate of
appropriateness shall conform to the requirements of the certificate. The city manager shall
designate an appropriate official to assist the board by making necessary inspections in connection
with enforcement of this chapter 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 official 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.
(10) [Emergency provisions.] 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 the City of Opa-locka,
pursuant to an order of a government agency or a court of competent jurisdiction. The owner of a
building damaged by 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 chapter.
(11) [Review authority.] The board shall have the authority to review applications for certificate of
appropriateness for all property in Opa-locka, however owned, by either private or public parties. The
purposes of this section 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.
(Ord. No. 81-13, § 11, 5-27-81; Ord. No. 85-9, § 4, 4-24-85)
Sec. 11.1-22. - Maintenance of designated properties.
Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any
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.
(Ord. No. 81-13, § 12, 5-27-81)
Sec. 11.1-23. - Certificates to dig.
(1) [Certificate to dig required.] Within an archeological zone, new construction, filling, digging, the
removal of trees, or any other activity that may 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
Page 10
application for a certificate to dig and any additional guidelines the board may deem necessary, the
staff of the board shall approve or deny 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 a city or
county sanctioned 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
promptly. 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 a reasonable time 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.
(2) Approved certificates to dig. Approved certificates to dig shall contain an effective date 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 11.1-10 in which case all the rules and regulations
pertaining to the designation process shall apply from the date the designation report has been filed.
[Conformance required.] 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 City of Opa-locka, in
particular its public works department, 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 city manager pursuant to subsection 11.1-11(10) 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.
(3)
(Ord. No. 81-13, § 13, 5-27-81)
Sec. 11.1-24. - Appeals.
(1) Upon a written decision of the board or the city manager, an aggrieved party may appeal the
decision by filing a written notice of appeal with the city clerk. The notice of appeal shall state the
decision which is being appealed, the grounds for the appeal, and a brief summary of the relief which
is sought. Subsequently, the city commission shall conduct a public hearing at which time they may
affirm, modify or reverse the decision of the board. Nothing contained herein shall prelude the city
commission from seeking additional information prior to rendering a final decision. The decision of
the city commission shall be reflected in the minutes and a copy of the minutes shall be forwarded to
the board and the appealing party.
(2) Appeals from any decision of the city commission's written decision granting or denying a regular or
special certificate or appropriateness shall be by a petition for certiorari to the circuit court.
(Ord. No. 81-13, § 14, 5-27-81; Ord. No. 15-03, § 3, 2-11-15)
Sec. 11.1-25. - Penalties.
Failure by an owner of record to comply with any provision of this chapter shall constitute a violation
hereof and shall be punishable by the board by civil or criminal penalties including a fine of not more than
five hundred dollars ($500.00) per day for each day the violation continues. In addition, the board may
require that any work performed contrary to this chapter must be removed and the property returned to its
condition prior to commencement of said action.
(Ord. No. 81-13, § 15, 5-27-81)
Sec. 11.1-26. - Incentives.
Page 11
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.
(Ord. No. 81-13, § 16, 5-27-81)
Page 12
(3) To ensure appropriate information is provided, the accountable official involved shall consult
with the HR specialist assigned to prior providing any feedback to the complaining party or the
respondent.
(Ord. No. 01-2, § 8, 2-14-01)
Sec. 2-570.74. - Cases involving non -city personnel.
Allegations of sexual harassment, or other misconduct of a sexual nature, by or against persons who
are not city employees will also be reviewed by the accountability board. If the respondent is a city
employee, the procedures described in section 2-570.73 of this division apply in their entirety. In cases in
which the individual against whom the allegation is made is not a city employee, the allegation will be
reported to the cognizant contracting officer for referral to the contractor or to the individual's parent
organization, as appropriate, for coordination in conducting any inquiry or investigation or in resolving the
allegation. The accountability board will track and monitor these allegations to ensure timely and
appropriate action.
(Ord. No. 01-2, § 9, 2-14-01)
Sec. 2-570.75. - Evaluation.
(a) The accountability board will evaluate these procedures and their effectiveness on a continuing
basis, as well as track and monitor all allegations and their outcomes. The accountability board will
analyze trends in allegations and the manner in which they are resolved to identify areas within the
city that need attention. Based on its analysis of pertinent data, the accountability board will
recommend policies and procedures to correct identified systemic problems in city policies and
practices.
(b) The overall effectiveness of the accountability board and of these procedures will be evaluated one
year after the date of adoption of this division. The outcomes of allegations considered by the
accountability board, and the role of the accountability board, in general, will be evaluated to
determine their consistency with the objectives stated herein. Appropriate modification to these
procedures may include other forms of harassment and discriminatory behavior.
(Ord. No. 01-2, § 10, 2-14-01)
Secs. 2-570.76-2-570.80. - Reserved.
DIVISION 13. - TREE BOARD
Sec. 2-570.81. - Power and duties.
The City of Opa-locka Tree Board shall be advisory to the city commission in regard to the following
matters:
(1) To make recommendations to amend, and control over the regulating, planting and care of
shade and omamental trees and shrubbery now located or which may hereafter be planted in
any public highway, park or pathway, except such as are excluded pursuant to applicable law,
including the planting, trimming, spraying care and protection thereof.
(2) Make recommendations to regulate and control the use of the ground surrounding the same, so
far as may be necessary for their proper growth, care and protection of trees and shrubbery.
(3) Move or require the removal of any tree or part thereof dangerous to public safety.
(4) Propose regulations, subject to approval by the city commission.
(5)
Recommend the treatment or removal of any tree situated upon private property which is
believed to harbor a disease or insects readily communicable to neighboring healthy trees in the
care of the city.
(6) Meet once a month, as needed, and keep public record of its resolutions, findings and
determinations.
(Ord. No. 14-05, § 2, 6-11-14)
Sec. 2-570.82. - Composition.
The tree board shall consist of: Five (5) members, who shall be residents of the City of Opa-locka,
one (1) chosen by the mayor and by each member of the city commission, who shall serve a term which
will coincide with of that of the person who selected them. Any member may be removed at any time, with
or without cause, by the person who appointed them. Members will not receive compensation for their
services. A certified arborist retained by the city shall act as an advisor to the board.
(Ord. No. 14-05, § 2, 6-11-14)
1st Reading:
2nd Reading:
PUBLIC HEARING:
June 27, 1990
February 13, 1991
February 13, 1991
ORDINANCE NO.
91-2
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA AMENDING ARTICLE 6 OF THE CITY OF OPA-LOCKA's
LAND DEVELOPMENT REGULATION CODE BY ESTABLISHING AN
ARABIAN/MOORISH MOTIF DISTRICT WITHIN THE CITY OF
OPA-LOCKA; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA:
SECTION 1- Section 6.14 of the Land Development Regulation Code of
the City of Opa-locka is hereby enacted as follows:
Section 6.14
CITY OF OPA-LOCKA ARABIAN MOTIF ARCHITECTURAL REGULATIONS
SECTION A - PURPOSE. The purpose of these regulations is to
encourage and expand the creative use of the Arabian Motif
Architectural style. The use of Arabian Motif Architectural design
in the construction of new buildings, and in the renovation or
additions of existing buildings, will enhance the image of the City
by providing a visual linkage between contemporary development and
the City's unique thematic appearance.
SECTION B - APPLICABILITY.
a) These regulations shall be applicable and available to
any property owner who chooses to construct, reconstruct or restore
a building using the Arabian Motif Architectural style as described
herein provided such property is located within an "A", or "C" Use
District and is located within the following described areas:
1. An area described as all properties facing
Boulevard from 17th Avenue to Lejune Road.
2. An area described as all properties facing
Road from 151st Street to 127th Street.
Opa-locka
LeJeune
3. An area described as all properties facing Douglas/
LeJeune Connector from 151st Street to 127th Street.
4. An area described as all properties facing 22nd Avenue
from Opa-locka Boulevard to 151 Street.
5. An area described as all properties facing 27th Avenue
from 127th Street to 151st Street.
b) Properties which are located within the above described
eligible areas and which are also abutting or across a street,
waterway, or alley from a single-family or duplex zone district must
receive special locational approval of the City Commission, after a
public hearing of the Planning Council, in order to use the
regulations, bonuses, or special allowances provided herein. The
procedure for receiving special locational approval is specified in
Section A (c).
c) All regulations of the underlying use districts shall
remain in effect, provided, however, where a conflict exists between
the development bonuses and special allowances provided in this
chapter, and the regulations and standards in other sections of this
Code, the development bonuses and special allowances provided herein
shall supersede, unless specified to the contrary herein.
SECTION C - DESIGN ELEMENTS OF THE ARABIAN MOTIF ARCHITECTURAL
STYLE. The design elements of the Arabian Motif architectural style
are characterized by, but not limited to, the following existing
buildings
1. Opa-locka City Hall, 777 Sharazad Boulevard
2. Hurt Building, 490 Ali Baba Avenue
3. Opa-locka Bank Building (First Baptist Church)
940 Caliph Street
4. Helm Stores and Apartments, 1201-17 Sharazad Boulevard
5. King Truck Factory and Showroom, 951 Superior Street
6. Root Building, 111 Perviz Avenue
7. Higgens Duplex, 1210-12 Sesame Street
8. Tabor Duplex, 1214-16 Sesame Street
9. Baird House, 401 Dunad Avenue
10. Cravaro House, 1011 Sharar Avenue
11. Crouse House, 1156 Pen Street
12. Etheredge House, 915 Sharar Avenue
13. Griffiths House, 826 Superior Street
14. Maislio House, 1141 Jann Avenue
15. Helms House, 721 Sharar Avenue
16. Tinsman House, 110 Peri Street
2
17. Tooker House, 811 Dunad Avenue
18. Wheeler House, 1035 Dunad Avenue
19. Long House, 613 Sharar Avenue
The Arabian Motif architectural character and the detailed
description of the above buildings shall be contained within an
illustrated document entitled "Arabian Motif Architectural Style
Guide," as adopted by Resolution of the City Commission. Adherence
to the principles of the design elements shall form the basis of
judgment in determining the appropriateness of new construction or
restoration in the Arabian Motif Architectural style.
SECTION D - ELIGIBLE FOR DEVELOPMENT BONUSES AND SPECIAL ALLOWANCES
a) In order to encourage the creative use of Arabian Motif
architectural style, the following buildings are eligible to earn
development bonuses and special allowances:
1. New buildings voluntarily constructed in the
Arabian Motif architectural style in accordance with the design
elements described in Section C and approved by the Board of
Architects. All such buildings shall be eligible for the
development bonuses and/or special allowances specified in Section E.
2. Existing buildings which were not designed in
Arabian Motif architectural style and through substantial and
appropriate exterior renovation are voluntarily converted to the
Arabian Motif architectural style and approved by the Board of
Architects. All such buildings shall be eligible for the
development bonus specified in Section F.
3. Existing Arabian Motif style buildings and
significantly altered building which were originally designed in the
Arabian Motif architectural style and are voluntarily subject to
substantial and appropriate exterior restoration and approved by the
Board of Architects. All such buildings shall be eligible for the
development bonus specified in Section F.
a. The determination of appropriate exterior
restoration shall be based upon documentary evidence of the original
design features where such evidence is available.
b) For the purposes of determining eligibility for a
development bonus the term "substantial exterior renovation or
restoration" of an existing building shall be defined as being
improvements costing 15% or more of the appraised value of the
structure. The applicant shall be responsible for submitting an
up-to-date appraisal so that the Building Official can certify the
appraisal value and construction costs.
3
c) For the purpose of determining eligibility for a
development bonus the term "appropriate exterior renovation or
restoration" shall be defined as improvements which are consistent
with the design elements described in Section C herein and approved
by the Board of Architects.
SECTION E - SPECIFIC DEVELOPMENT BONUS AND SPECIAL ALLOWANCES FOR
NEW BUILDING CONSTRUCTION.
a) The appropriate use of Arabian Motif Architectural
style in new building construction will earn a development bonus
shown as Development Category #1 on the schedule designated
"Development Bonus and Special Allowances for New Building
Construction, Table 1."
b) The construction of a new building in an appropriate
Arabian Motif Architectural style may also be eligible to
incorporate certain design elements, pedestrian amenities, and uses
which will earn additional bonuses or special allowances shown as
Development Categories 2 thru 7 on the schedule designated
"Development Bonuses and Special Allowances for New Building
Construction, Table I."
SECTION F - SPECIFIC DEVELOPMENT BONUS FOR EXISTING BUILDINGS.
a) Existing buildings which are not designed in the
Arabian Motif architectural style and are appropriate converted to
the Arabian Motif architectural style and in accordance with the
provisions of Section D will earn a development bonus credit as
shown on the schedule designated "Development Bonuses for Existing
Buildings, Table II."
b) Existing buildings which were originally designed in
the Arabian Motif architectural style and which are subject to
substantial and appropriate exterior restoration in accordance with
the provisions of Section D will earn a development bonus credit as
shown on the schedule designated "Development Bonuses for Existing
Buildings, Table II."
SECTION G - DETERMINATION OF DEVELOPMENT BONUSES FOR APARTMENT
BUILDINGS, HOTELS AND APARTMENT HOTELS.
a) Development bonuses for apartment buildings, hotels or
apartment hotels may used to provide additional floor area and
additional permitted units in accordance with the following:
1. The total of the bonus square footage earned by
compliance with the provisions specified in Sections E and F
(Tables I and II) may be added to maximum allowable floor area.
4
2. In determining the number of units (density)
requirements as set forth in this Code, the building site area shall
be the total of the actual building site area plus the bonus square
footage accumulated.
SECTION H - LIMITATIONS ON THE USE OF DEVELOPMENT BONUSES
ACCUMULATED.
a) The total bonus square foot floor area earned for
commercial uses by compliance with the provisions specified in Table
I or Table II (Sections E and F) may be added as a matter of right
to the building site earning the bonuses subject to the following
limitation: Total maximum square footage which can be added to a
new building or to a qualified existing building may not exceed 50%
of the area of the building site.
b) Floor area or ground area used to calculate bonus
credits under one category shall be precluded from being counted
toward bonus credits for a second category.
c) The additional units for apartment buildings, hotels or
apartments hotels earned by compliance with the provisions in Table
I or Table II (Sections E and F) may be added as a matter of right
to the building site earning the bonus subject to the following
limitation: total maximum number of units which can be added to a
new building or to a qualified existing building may not exceed 25%
more than the number of units which would otherwise be provided in
this Code.
SECTION I - SPECIAL ALLOWANCES PERTAINING TO HEIGHT AND OFF-STREET
PARKING.
a) Bonus square foot floor area or additional units may be
used to provide additional height beyond maximum allowable heights
of a new building or a qualified existing building; provided,
however, in no event shall any building exceed the maximum allowable
height by more than two (2) stories in a three(3) story zone, four
(4) story zone, or six(6) story zone, and three(3) stories in a
thirteen (13.) story zone. Each story above the maximum allowable
height which is permitted by this Section shall be limited to twelve
(12) feet for each story.
b) Within the Central Business District as defined in this
Code:
1. Any new building construction or
restoration/renovation of an existing building which is developed in
accordance with the provisions of this section shall be exempted if
the Floor Area Ratio (F.A.R.) of such building does not exceed
1.45. Such exemptions shall only be effective if the building has
earned development bonuses or special allowances as specified in
this Section.
5
2. Any restoration/renovation of an existing building
located on property facing Opa-locka Boulevard having a height of
three stories or less, which is restored/renovated in accordance
with the provisions of this section, may provide all or part of the
required off-street parking on site, or in lieu thereof, may pay a
special assessment fee in the amount of Five Thousand Dollars
($5,000.00) for each required off-street parking space not
provided. (The amount of such fee shall be subject to periodic
review and adjustment by the City commission). The fee shall be
paid into a special assessment fund established to the Code of the
City of Opa-locka, which fund shall be dedicated toward and used
exclusively for the development of off-street parking solutions in
the Central Business District.
SECTION J - REVIEW OF ARABIAN MOTIF ARCHITECTURAL PLANS.
a) Board of Architects Preliminary Approval: An applicant
for new construction or restoration or renovation of an existing
building using the Arabian Motif Architectural style which will earn
development bonuses or special allowances as specified in this
Section will submit plans in accordance with the procedures
specified in this Code:
1. Pursuant to this Code, all plans affecting
designated historic landmarks must receive a certificate of
appropriateness from the Historic Preservation Board prior to
submittal to the Board of Architects.
2. The Board of Architects shall review all submitted
plans to determine if appropriate Arabian Motif architectural
construction is based upon adherence to the principles of the design
elements specified in Section C herein.
3. In reviewing plans to restore or renovate a
Arabian Motif styled building, the Board of Architects shall also
determine if the appropriate exterior restoration is based upon
documentary evidence of the original design features, where such
evidence is available. The applicant shall be responsible for
providing the documentation, if available.
4. In reviewing an existing building being converted
to Arabian Motif architectural style, the Board of Architects shall
also determine that such building is deemed not to have a
significant non -Arabian Motif architectural character of its own
which may qualify it for designation as an historic landmark
pursuant to the Code of the City of Opa-locka. The Board of
Architects may refer the plans to the Historic Preservation Board
for comment prior to making its determination.
5. If the Board of Architects finds that the
submitted plans represent appropriate Arabian Motif architectural
construction, preliminary approval shall be given.
6
b) Compliance with Zoning: All plans receiving
preliminary approval from the Board of Architects shall be reviewed
by the Community Development Department for compliance with the
provisions of the Zoning Code and to certify that the plans
submitted do not exceed the limits of development bonuses and/or
special allowances earned in accordance with the provisions of this
section.
1. In the event plans for Arabian Motif Architectural
construction or improvements exceed the development bonuses or
special allowances earned or specified limits in Section 30-8
(whichever is less), or do not otherwise meet the full requirements
of this Code, such plans may not be presented to the Board of
Architects for final approval until such time as compliance is met
or necessary variances are approved by the Board of Appeals, in
accordance with the provisions of this Code.
c) Special Locational Approval: Prior to submission of
plans for final approval by the Board of Architects, all proposed
projects which are located in an area eligible to use the Arabian
Motif Architectural Regulations and are also located abutting or
across a street, waterway, or alley from a single-family or duplex
zone district shall obtain special location approval from the City
Commission, after a public hearing before the Planning Council. The
Planning Council and the City Commission in reviewing a proposed
Arabian Motif Architectural project shall consider the following
factors:
1. The impact of the additional height, density,
floor area bonuses, parking reduction allowance, traffic and traffic
patterns upon the adjacent properties and immediately surrounding
the neighborhood.
2. The visual and aesthetic impact of the
architectural style on abutting building and the surrounding area.
3. The provision of buffers, screening, landscaping
or other site improvements which would reduce the potential impact
of the project on abutting properties and surrounding areas.
Special locational approval shall be initiated by the submission of
an application in the Planning Council for public hearing after
receiving the Board of Architects Preliminary approval, as specified
in this Section and after having received a preliminary zoning
compliance review by the Building and Zoning Department, as
specified in Section 30-10(b).
d) Board of Architects Final Approval: Final approval of
plans and specifications shall be considered by the Board of
Architects after certification by the Zoning Department that the
submitted plans are in compliance with the provisions of the Zoning
Code.
7
SECTION K - EFFECT ON CURRENT CONSTRUCTION.
a) All restoration, renovation or new building
construction projects in progress as of the effective date of this
section, are eligible to re -submit plans for consideration under the
provisions of this section.
SECTION 2- REPEALER.
All ordinances or parts in conflict herewith be and the same are
hereby repealed.
SECTION 3 - SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held
to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 4 - INCLUSION.
It is the intention of this City Commission, and it is hereby
ordained that the provisions of this ordinance shall become and be
made a part of the Code of the City of Opa-locka, Florida.
The sections of this ordinance may be renumbered or relettered to
accomplish such codification, and the word "ordinance" may be
changed to "section", "article", or other appropriate word.
SECTION 5 - EFFECTIVE DATE.
This ordinance upon passage shall become effective in the manner
provided by law.
PASSED AND ADOPTED on this 13th day of February, 1991
ATTEST:
4'1( Nz:Egtd1J
CITY CL
COMMISSION VOTE: 5-0
Vice Mayor Allen: Yes
Commissioner Barrett: Yes
Commissioner Kelley: Yes
Commissioner Miller: Yes
Mayor Ingram: Yes
APPROVED AS TO
8
CI ATTORNE
FACADEO
SECTION F - DEVELOPMENT BONUSES FOR EXISTING BUILDINGS
TABLE II
DEVELOPMENT CATEGORY
1. ARCHITECTURAL STYLE
QUALIFICATIONS
Conversion and/or renovation of existing building not designed in
Arabian Motif Architectural style to Arabian Motif Architectural
style pursuant to the provisions of Section D herein, and approved
by the Board of Architects. Restoration of an existing building
designed in the Arabian Motif Architectural style; restoration must
be pursuant to the provisions of Section D herein, and approved by
the Board of Architects. All facades facing public street, alley
or waterway must be converted or renovated in accordance with this
section.
BONUS CREDIT
For each six (6) square feet of gross floor area within the existing
building: one (1) square foot of bonus area.
SECTION E - DEVELOPMENT BONUSES AND SPECIAL ALLOWANCES FOR NEW
BUILDING CONSTRUCTION
TABLE I
DEVELOPMENT CATEGORY
1. ARCHITECTURAL STYLE
QUALIFICATIONS
All new buildings designed in Arabian Motif Architectural style in
accordance with Design Elements contained in Section C and approved
by the Board of Architects.
BONUS CREDIT/SPECIAL ALLOWANCES
An increase in floor area equivalent to .20 x the area of the
building site.
9
(ADDITIONAL AMENITIES)
DEVELOPMENT CATEGORY
2. RETAIL ON GROUND FLOOR
QUALIFICATIONS
Location of pedestrian oriented retail stores and shops (including
restaurants, cafes, etc.) at ground floor where otherwise permitted
by the Code; establishments must have direct opening onto an
exterior public sidewalk, public pedestrian plaza or thru an open
courtyard where the public has unrestricted access.
BONUS CREDIT/SPECIAL ALLOWANCES
For each ten (10) square feet of retail establishments; three (3)
square feet of bonus floor area.
DEVELOPMENT CATEGORY
3. MIXED USE
QUALIFICATIONS
Residential and/or hotel units combined with commercial and/or
industrial uses where otherwise permitted, and in the amounts
specified, by Code.
BONUS CREDIT/SPECIAL ALLOWANCES
5% reduction of off-street parking spaces required for the
commercial and/or industrial uses.
DEVELOPMENT CATEGORY
4. PEDESTRIAN COURTYARD
QUALIFICATIONS
Pedestrian courtyard defined as an open area partially or fully
enclosed by buildings or walls where the public has unrestricted
access. The courtyard space must be open space above minimum
required at ground level. The courtyard must connect to b public
sidewalk and provide elements such as seating, landscaping, shade
and water features. Minimum size 400 square feet.
BONUS CREDIT/SPECIAL ALLOWANCES
10
For each one (1) square foot of pedestrian plaza one (1) square foot
of bonus floor space.
FACADEO
11
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OPA-LOCKA HISTORIC PRESERVATION BOARD
RESOLUTION NO. 91-1
RESOLUTION DESIGNATING PUBLIC AND PRIVATE
PROPERTIES AS HISTORIC SITES PURSUANT TO
OPA-LOCKA,CITY ORDINANCE 81-13 AS
AMENDED. THIS RESOLUTION RECINDS
RESOLUTION 90-1 DUE TO FORMAT AND CONTENT
WHEREAS, the following properties are outstanding examples of
Moorish architecture in Opa-locka and Dade County; and
WHEREAS, those properties were built, based on the original
plans as designed by its founder, Glenn Curtiss; and
WHEREAS, the preservation of historic sites is in the best in-
terest of Opa-locka and its citizens; and
WHEREAS, the below listed properties meet the requirements, being
of `-istorical, cultural, architectural and archeological significance:
f
Address
*1110 Peri
1145 Peri
*1156 Peri
1211 Peri
806 Jann
910 Jann
916 Jann
*1141 Jann
*613 Sharar
*721 Sharar
*915 Sharar
1006 Sharar
1010 Sharar
*1011 Sharar
1145 Sharar
1301 Sharar
*1,n1 n,,.—;
Owner
Santiago Morales
Mrs. Wm. Adams
Manuel Rey
A. A. Deer
Francisco Rodriguez
Vivian & James Bobbitt
Andrew Cook
Fabio Pavon
James F. Peterson
Charles Rose
Adel Raad
Ermine V. Billingsley
Edward Scott
Irementer Howard
Joseph Piverger
Mr. & Mrs. Robert L. Causey, Sr
Page 2 - Opa-locka Historic Preservation Board - Resolution No. 91-1 cont'd
Address
1111 Sesame
*1210-1212 Sesame (Duplex)
*1214-1216 Seame (Du;oex)
*826 W. Superior
*951 W. Superior
*1217 Sharazad
103 Perviz
*117 Perviz (E. E. Root Bldg.)
124 Perviz (Fire/Police Station)
*480 Ali Baba (Train Station)
940 Caliph (Bank Bldg.)
*432 Opa-locka Blvd. (Hurt Bldg.)
*777 Sharazad (City Hall)
* Listed on National Register of Historical Sites
NOW, THEREFORE, THE HISTORIC PRESERVATION BOARD OF THE CITY OF
OPA-LOCKA HEREBY RESOLVES:
.Section 1. That the above listed thirty-four (34) properties are
4
hereby designated historic sites pursuant to the Opa-locka Historic
Preservation Ordinance 81-13, as amended, and that the said
thirty-four (34) properties are subject to all rights, privileges,
and requirements of that ordinance.
PASSED and ADOPTED this 22nd day of April 1991.
Ceola Walker, Member
Amdor, Ch. irman
Roy P. Cookston, Member
Owner
Patricio Jimemez
Thornton B. Smith
William E. Brown
Francisco O. Alfonso
Clinton F. O'Dell
Richard C. Weit
Ram Investment Co.
Juan B. Rondon
City of Opa-locka
Seacost R. R.
Trustees First Baptist Church
Community Development Corp.
City of Opa-locka
STATE OF FLORIDA)
COUNTY OF DADE )
WITNESS my hand and official
seal this of 1991
n•
list Reading: May -3, _.,d1
'ICIAL COPY
Se nd Reading: May 27, 1981
Public Hearing: May 27, 1981
Ppsted in Full: May 28, 1981
Effective Date: May 28, 1981
ORDINANCE NO.
81-13
AN ORDINANCE OF THE CITY OF OPA-LOCKA, FLORIDA AMENDING
CHAPTER 25 OF THE CODE OF ORDINANCES ESTABLISHING THE OPA-LOCKA
HISTORICAL PRESERVATION BOARD PURSUANT TO SECTION 3, SUBSECTION
(1) OF METROPOLITAN DADE COUNTY, FLORIDA ORDINANCE 81-13, FOR THE
PURPOSE OF PROTECTING AND PERPETUATING PROPERTIES WORTHY OF HIS-
TORIC 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; PRO-
VIDING FOR QUALIFICATION OF ELIGIBILITY FOR FINANCIAL ASSISTANCE
PURSUANT TO SECTION 16 OF SAID DADE COUNTY ORDINANCE 81-13; PRO-
VIDING FOR PENALTIES AND APPEALS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Metropolitan Dade
County, Florida adopted on February 17, 1981, effective February
27, 1981, Ordinance 81-13 for the purpose of protecting and
perpetuating properties worthy of historic preservation; and
WHEREAS, said County Ordinance 81-13, Section 3, provides that
municipalities within Dade County shall have up to and including
July 1, 1982 to adopt local ordinances with respect to historical
districts, individual sites and archeological zones, with the
provision that should any municipality fail to adopt an ordinance
regulating historic preservation prior to July 1, 1982 said
County Ordinance shall govern within such municipality; and
WHEREAS, the City of Opa-locka has a rich history in its urban
design concept, buildings, structures and archeological sites,
notably the manifestation of the urban design concept envisioned
by its founder, Glen H. Curtiss and implemented by noted town
planner Clinton McKenzie and noted Architect Bernhardt E. Muller;
and
WHEREAS, remnants of the ancient Indian hammock from which the
City of Opa-locka derives its name are still to be seen east of
LeJeune Road on the South Side of Opa-locka Airport. The first
extensive archeological project launched in Dade County included,
in 1934, excavations in this hammock, and fragments of the Tequesta
Indian pottery design called Opa-locka incised were first found
-2 -
there and thus so named; and
WHEREAS, many significant and varied aspects of the history of
the City of Opa-locka, founded in 1926, are concentrated in the
second quarter of the twentieth century; and
WHEREAS, this variety has been manifested in a unique architectur-
al and urban design response to Founder Glen Curtis preference
for arabian archietectural design and the professional talents
of designers Mr. McKenzie and Mr. Muller; and
WHEREAS, the possibility exists that archeological sites exist
within Opa-locka that have yet to be discovered which could
yield a great amount of information on the history and prehistory
of the Opa-locka area; and
WHEREAS, the preservation of historic buildings, historic
structures, historic districts and sites and archeological
districts and sites are in the best interest and public welfare
of the citizens of and visitors to Opa-locka, Dade County and
the South Florida Metropolitan Region; and
WHEREAS, the preservation of these resources will expand the
educational and cultural opportunities of the citizens of, and
vistors to, the City of Opa-locka, Dade County and the South
Florida Region.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF CITY COMMISSIONERS
OF THE CITY OF OPA-LOCKA, FLORIDA
-3 -
Section 1. Short Title
This Ordinance shall be known and may be cited as
the "City of Opa-locka 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 architec-
tural merit are in the interests of the health, prosperity and
welfare of the people of Opa-locka. 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 City's, County's and Region's cultural, social,
economic, political, scientific, religious, prehistoric
and architectural history;
(2) Safeguard the area's historical, cultural archeo-
logical 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 area'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
the Opa-locka area, Dade County and the South Florida
Metropolitan Region.
-4 -
Section 3. Scope of Regulations
This Ordinance is intended to and shall govern and be
applicable to all property located in the City of Opa-locka,
Florida. Nothing contained herein shall be deemed to supercede
or conflict with applicable building and zoning codes. Provisions
contained herein shall be cumulative and read in conjunction with
other laws, rules and regulations. It is the legislative intent
of the Opa-locka City Commission that this ordinance shall meet
the requirements of Section 3, Subsections (1), (2) and (3) of
Dade County Ordinance 81-13 as a qualified municipal Historic Pre-
servation Ordinance, and that this Ordinance shall be filed with
the Clerk of Dade County Board of County Commissioners and with
the National Register of Historical places for certification to be
eligible under the 1976 Tax Act.
Section 4. Definitions
(1) Archeological zone - An area designated by this
ordinance which likely to yield information on the history and pre-
history of Opa-locka based on prehistoric settlement patterns in
Opa-locka as determined by the results of the Dade County Historic
Survey and local research. These Zones will tend to conform to
natural physiographic features which were the focal points for pre-
historic and historic activities.
(2) Certificates of Appropriateness - A certificate
issued by the Board permitting certain alterations 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.
-5-
(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 pursuant 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 Appropriate-
ness and any Certificate to Dig and to establish a set of guide-
lines for the preservation of buildings in Opa-locka.
(9) Historical 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, impor-
tance in Dade County, Florida.
-6--
(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 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 re-
storing 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 Historical Preservation Board,
("the Board"), as a governmental agency of the City government in
and for the City of Opa-locka, Florida. The Board is hereby vested
with the power, authority and jursidiction to designate, regulate
and administer historical, cultural, archeological and architectural
-7 --
resources in Opa-locka, Florida, as prescribed by this Ordinance
under the direct jurisdiction and legislative control of the
Opa-locka City Commission.
Section 6. Members
The Board shall consist of five (5) members appointed
by the City Commission. 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 the City of Opa-locka, Florida. The term
of office of membership shall be five years, except that, of the
five members first appointed, one shall be appointed for a term
of one year, one for a term of two years, one for a term of three
years, one for a term of four years, and one for a term of five
years. Thereafter successors shall be appointed for a term of
five years each. Any vacany during the unexpired term of an
appointive member shall be filled by the City Commission for the
remainder of the term. Members shall be eligible for reappoint-
ment, 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 City 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 pre-
scribed by law, which shall be filed in the office of City Clerk.
A member of the Board may be removed from office only by a four -
fifths (4/5) vote of the entire membership of the City Commission;
however, whenever a member of the Board shall fail to attend three
(3) consecutive meetings, the chairman shall certify the same to
the City Commission. Upon such certification the member shall be
deemed to have been removed and the City 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 other officers
as may be deemed necessary or desirable. The City Manager shall
-8 -
provide adequate personnel for the Board including but not limited
to representative from the Departments of Community Development,
Public Works, Public Affairs and City Attorney 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 City
Clerk.
Section 8. Rules and Regulations
The Board shall make and prescribe such rules and reg-
ulations as are reasonably necessary and appropriate for the
proper administration and enforcement of the provisions of this
Ordinance. Such rules and regulations shall conform to the pro-
visions of this Ordinance 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 regula-
tions, and any amendments or modifications thereto, and the same
have been approved by the City Commission and filed with the City
Clerk. Upon approval by the Commission, such rules and regulations
shall have the force and effect of law within the City of Opa-locka,
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.
-9-
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 of
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 City Commission.
9) Review and update the Historic Survey
as it applies to the City of Opa-locka
for its quality and professional merit,
and validate the findings of the survey as
bonafide and sincere, and conduct
such local research as is considered
appropriate.
10) Implement the authority of this
Ordinance and fulfill the tasks set forth
for this Board by the City 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, Dade County, and the City of
Opa-locka.
13) Provide an annual report to the City
Commission.
Section 10. Designation Process and Procedure
I. The Board shall have the authority to designate
areas, places, buildings, structures, landscape features, archeo-
logical sites and other improvements or physical features, as
individual sites, districts, or archeological zones that are
significant in Opa-locka's history, architecture, archeology, or
culture and possesses an integrity of location, design, setting,
materials, workmanship or association, or:
1
(A) Are associated with distinctive
elements of the cultural, social
political, economic, scientific,
religious, prehistoric and archi-
tectural history that have
contributed to the pattern of
history in the community, Dade
County, South Florida, the state
or the nation; or
-10-
(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 or work of a master; or
that possess high artistic value, 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, birth-
places, 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 twenty-
five years, will not normally be considered for designation.
However, such properties will qualify if they are integral parts
of districts that do 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 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 value has invested it with
its own historical significance.
(F) A property or district achieving
significance within the past twenty-
five years if it is of exceptional
importance.
-11 -
III. Prior to the designation of an individual site, a
district, or an archeological zone, an investigation and designation
report must be filed with 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 of 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 carrythg 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 archi-
tecturally 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 con-
struction on such properties. All reports shall take into consider-
ation projected, proposed or existing public improvements and
developmental or renewal plans.
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IV. Procedure
(A) Petition of the Owner - The owner(s)
of any property in the City of Opa-
locka may petition this Board for
designation of their property as an
individual site, district or archeo-
logical zone provided that they appear
before the Board with sufficient in-
formation 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 designa-
tion 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 pro-
posed 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
respdnsible 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 Community Development Director
shall immediately notify the Clerk of
the Board of County Commissioners, the
City Clerk, the City Building Official,
the City Attorney 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 desig-
nation a public hearing must be held.
Owners of record or other parties
having an interest in the proposed
designated properties, if known,
shall be notified of the public
hearing, however, failure to re-
-13-
ceive such notice shall not invali-
date 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 pro-
posed designation.
(F) Requirement of Notification - The Board
shall reduce to writing its decision.
to approve, deny, or amend the pro-
posed designation and direct the
Community Development Director to
notify the following of its actions
with a copy of the official minutes
of the meeting, and a resolution of
the Board providing a summary state-
ment of the effects of this action:
1) The City of Opa-locka Building
Official,
2) The County Clerk,
3) The Opa-locka City Clerk,
4) Owner(s) of the affected property
and other parties having an
interest in the property, if known,
5) The Opa-locka Public Affairs
Department,
6) The Opa-locka 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, is
completed.
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Section 11. Application for Certificate of Appropriateness
I. No building, structure, improvement, landscape
feature or archeological site within the City of Opa-locka 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 Appropriate-
ness regarding any architectural features, landscape features or
site improvements has been submitted to the Board for approval
pursuant to the procedures in this section. Architectural features
shall include, but not be limited to, the architectural style,
scale, massing, siting, general design, ingress and egress, 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 applic-
able, interior spaces where interior designation has been given
pursuant to Section 10 of this Ordinance. Landscape features and
site improvements shall include, but are not limited to, site re-
grading, subsurface alterations, fill deposition, paving, land-
scaping, walls, fences, courtyards, vehicular movement systems,
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 main-
tenance, restoration and adaptive reuses appropriate to the pro-
perty, and compatible contemporary designs which are harmonious
with the exterior architectural and landscape features of neigh-
boring buildings, sites and streetscapes. These guidelines shall
-15 -
also serve as criteria for the Community Development 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 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
to the applicant, accompanied by a statement in
the staff's decision. The applicant shall have
to challenge the staff decision by applying for
cate of Appropriateness.
shall be mailed
full regarding
an opportunity
a Special Certifi-
V. Special Certificates of Appropriateness -
A. An applicant for a Special Certificate of
Appropriateness shall submit his application to the Board pur-
suant 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,
lighting.
enable the
fence, landscape feature, paving, signage and exterior
The applicant shall provide adequate
information to
Board to visualize the effect of the proposed action on
the applicant's building and its adjacent buildings and street-
scapes. 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 archeologi-
cal site.
-16-
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 pro-
cedure of the public hearing shall be given to the property owner(s)
by certified mail and to other interested parties by an advertise-
ment in a newspaper of general circulation.
C. The Board shall approve, deny, or approve
in modified form an application, subject to the acceptance of
the modification by the applicant, or suspend action on the
application 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 Opa-locka Building Official. The Board shall keep a record
of 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 Appropriate-
ness.
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 recieve notice of any public hearings
conducted by said government agency regarding demolition of any
designated property. The Board may make recommendations and sug-
gestions to the government agency and the owner(s) relative to the
feasibility of and the public interest in preserving the designated
property.
-17-
C. No permit for voluntary demolition of a desig-
nated 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 Appropriate-
ness which may provide for a delayed effective date of up to two
(2) years. The effective date shall be determined by the Board
based upon the relative significance of the structure and the prob-
able 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 in-
clude, 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
ordinance, the Board shall consider the following
evaluating applications for a Special Certificate
for demolition of designated properties:
of this
criteria in
of Appropriateness
(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)
(d)
Is the structure one of the last remain-
ing examples of its kind in the neighbor-
hood, the County, or the region?
Does the structure contribute significantly
to the historic character of designated
district?
-18-
(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 matter shall be officially referred to the
Opa-locka Zoning Board of Appeals which 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 the City of Opa-locka, Dade County,
nor the South Florida metropolitan region.
VIII. No Building Permit shall be issued by the
Opa-locka Building Official 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 City 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 Official or appro-
priate 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.
-19-
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 con-
struction, reconstruction or other repairs to a building or site
in the City of Opa-locka, pursuant to an order of a government
agency or a court of competent jurisdiction. The owner of a
building damaged by 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. The Board shall have the authority to review
applications for Certificate of Appropriateness for all property
in Opa-locka, however owned, by either private or public parties.
The purposes of this ordinance shall apply equally to plans, pro-
jects 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 pre-
vent the ordinary maintenance or repair of any 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
may alter or reveal an interred archeological site shall be pro-
hibited 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 arche-
ological zone shall require a Certificate to Dig before approval.
Based on the designation report for the archeological zone, a com-
plete application for a Certificate to Dig and any additional guide-
-20 -
lines the Board may deem necessary, the staff of the Board shall
approve or deny 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, in-
cluding 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 a City or
County sanctioned Archeologist to conduct
of the approval of the Certificate to Dig
thereof. The findings
of the staff shall
excavation from the time
until the effective date
be mailed to the applicant
promptly. 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 a reasonable time and shall make every effort to review
and reconsider the original staff decision to arrive at an equit-
able decision. The decision of the Board shall be reduced to writ-
ing.
II. Approved Certificates to Dig - Approved Certificates
to Dig shall contain an effective date 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 case all the rules and regulations per-
taining 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 City of Opa-locka, in
particular its Public Works Department, 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 City Manager pursuant to Section 11
(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 con-
tinue in effect.
-21 -
.Section 14. Appeals
Upon written decision of the Board, an aggrieved party
may appeal the decision by filing a written notice of appeal with
the City Clerk. The notice of appeal shall state the decision which
is being appealed, the grounds for the appeal, and a brief summary
of the relief which is sought. Subsequently, the City 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 City Commission from seeking additional
information prior to rendering a final decision. The decision of
the City Commission shall be reflected in the Minutes and a copy
of the Minutes 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 City Commission may appeal an adverse decision to the Circuit
Court in and for Dade County, Florida. The party taking the appeal
shall be required to pay to the City of Opa-locka 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 provi-
sion 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.
-22 -
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 Opa-locka City Commission,
and it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the
City of Opa-locka, 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 as provided by
law.
PASSED AND ADOPTED:
APPROVED AS TO FORM:
ATTEST:
City Cl'Jk
COMMISSION VOTE: 5-0
Commissioner Robbins:
Commissioner McKenna:
Commissioner Miller:
Vice Mayor Knapp:
Mayor Logan:
Yes
Yes
Yes
Yes
Yes
MAY 27, 1981
CITY ATTORNEY