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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 2 Ordinance No. 2022-02 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. 3 Ordinance No. 2022-02 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. 4 Ordinance No. 2022-02 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 5 Ordinance No. 2022-02 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. 6 Ordinance No. 2022-02 (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. 7 Ordinance No. 2022-02 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 8 Ordinance No. 2022-02 (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. 9 Ordinance No. 2022-02 (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 10 Ordinance No. 2022-02 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: 11 Ordinance No. 2022-02 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? 12 Ordinance No. 2022-02 (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 13 Ordinance No. 2022-02 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 14 Ordinance No. 2022-02 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 15 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. Page 6 (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 v. ? ty f t 0/�* 11sliga ,f�, hlyrtv...riy t1l a true • .-`_rt_-�C 1i saC•y,/' l g.LOps. of .. shame „y W. �tfldal rroords of Lhe CCCltlgrl y of gpsa Florida ZMII ma% w tang mil will, Mk L MA'! St 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. -12 - 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. -14 - 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