HomeMy Public PortalAbout17-08 AMENDING CHAPTER 11.00 "PRESERVATION TO REQUIRE ARABIAN/MOORISH ARCHITECTURE MOTIFS 1sT READING: March 22, 2017
2ND READING: April 12, 2017
PUBLIC HEARING: March 22, 2017 and April 12, 2017
ADOPTED: April 12, 2017
EFFECTIVE DATE: April 12, 2017
SPONSORED BY CITY MANAGER
ORDINANCE NO. 17-08
ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA AMENDING CHAPTER 11.1
OF THE CITY OF OPA-LOCKA CODE OF
ORDINANCES FOR HISTORIC PRESERVATION TO
REQUIRE ARABIAN/MOORISH ARCHITECTURE
MOTIFS FOR ALL NEW CONSTRUCTION
EXECUTED ON PROPERTIES THAT WERE
DESIGNATED AS HISTORIC AND LISTED ON THE
FEDERAL HISTORIC REGISTRY THEN WERE
GRANTED A CERTIFICATE OF APPROPRIATENESS
FOR DEMOLITION; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka, by adopting Ordinance 81-13, established a Historic
Preservation Ordinance and Historic Preservation Board to preserve and protect the City's
historic and cultural heritage and to foster civic pride; and
WHEREAS, the City of Opa-Locka adopted Resolution 91-1 to designate public and
private properties as historic sites pursuant to Opa-Locka City Ordinance 81-13 as amended; and
WHEREAS, the City of Opa-Locka adopted Ordinance 91-2 to establish an Arabian/
Moorish Motif District within the City of Opa-Locka; and
WHEREAS, the City of Opa-Locka amended the Historic Preservation Ordinance at
section 11.1-4, Styled "Definitions", by adding section 11.1-4 (2)(C), allowing the City Manager
to issue regular and special certificates of appropriateness, subject to the approval of the City
Commission and amending section 11.1-24, styled "Appeals", by adding sub-sections 11.1-24 (1)
and 11.1-24 (2); and
WHEREAS, the City has determined that Special Certificates of Appropriateness may
be approved that allow for the demolition of buildings, structures, sites, and in such instances
the planned new redevelopment/replacement buildings, structures, on these sites that were
previously historically designated must incorporate certain characteristics that are associated
with Moorish Design, as characterized by , but not limited to those designated historic
structures listed in Resolution 91-1 and which display some combination of the following
designs, specifically:
(1) Horseshoe Arch, (2) Crenellated Parapets, (3) Domes,
(4) Flat Roof, (5) Minaret, (6) Textured Stucco Exteriors,
(7) Courtyards, (8) Bas-Relief, (9) Ceramic Tile Accents,
(10) Geometric Interlacements of Motifs, (11) Casement Windows,
(12) Tile Roof
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA AS FOLLOWS:
SECTION 1. RECITALS
The recitals to the preamble herein are incorporated by reference.
SECTION 2.ADOPTION
That Section 11.-21 (6)(d)(g) of the Code of Ordinances is amended by the addition of the
following language: If a Certificate of Appropriateness is approved for Demolition of
buildings, structures, sites, and in such instances the planned new redevelopment/
replacement buildings, structures, on these sites that were previously historically
designated must incorporate certain characteristics that are associated with Moorish
Design, as characterized by, but not limited to those designated historic structures listed in
Resolution 91-1 and which displays some combination of the following designs,
specifically: (1) Horseshoe Arch, (2) Crenellated Parapets, (3) Domes, (4) Flat Roof, (5)
Minaret, (6) Textured Stucco Exteriors, (7) Courtyards, (8) Bas-Relief, (9) Ceramic Tile
Accents, (10)Geometric Interlacements of Motifs, (11) Casement Windows, (12) Tile
Roof which will enhance the image of the city by providing a visual linkage between
contemporary development and the City's unique thematic appearance.
SECTION 3. SEVERABILTY
If any clause, section, or other part or application of this Ordinance is held by any court of
competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall
not affect the validity of the remaining portions or application of this Ordinance.
SECTION 4. CONFLICT
All ordinances or resolutions or parts of ordinances or resolutions in conflict herewith, are
hereby repealed.
SECTION 5. CODIFICATION
This Ordinance shall be codified in the Code of Ordinances when the code is recodified.
SECTION 6. SCRIVENER'S ERRORS.
Sections of this Ordinance may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re-codified copy of same with the City Clerk.
SECTION 7. LIBERAL CONSTRUCTION.
The terms and provisions of this Ordinance shall be liberally construed to affect the
purpose for which it is adopted.
SECTION 8.EFFECTIVE DATE.
This Ordinance shall take effect upon the adoption of this Ordinance by the Commission
of the City of Opa-Locka and upon a filing of a certified copy hereof with the Florida
Department of State.
PASSED AND ADOPTED this 12th day of April, 2017.
YR L. T;" LOR
MAYOR
Attest to: Approved as to form and legal sufficiency:
4.1 -445"-A-
J.; na Flores Vincent T. Brown
Ci Clerk The Brown Law Group LLC
MOVED BY: COMMISSIONER RILEY
SECONDED BY: COMMISSIONER PIGATT
COMMISSION VOTE: 4-1
COMMISSIONER HOLMES: YES
COMMISSIONER RILEY: YES
COMMISSIONER PIGATT: YES
VICE MAYOR KELLEY: NO
MAYOR TAYLOR: YES
8NW NEIGHBORS SUNDAY APRIL 22011
MIAMINERALD.COM
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CITY OF OPA-LOCKA,FLORIDA FROM ORDINARY. . .
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,
Florida will hold public hearings at its Regular Commission Meeting on Wednesday,
April 12, 2017 at 7:00 p.m. in the Auditorium at Sherbondy Village, 215 President
Barack Obama(Perviz)Avenue,Opa-locka,Florida to consider adoption of the following
ordinances:
SECOND READING ORDINANCES/PUBLIC HEARING: 36-MONTH
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCAA, "94
FLORIDA, ADOPTING AMENDMENTS TO CORRECT SCRIVENER'S
ERRORS IN ORDINANCE NO. 15.31, THE LAND DEVELOPMENT B/DI
REGULATION / CITY ZONING CODE ORDINANCE; PROVIDING FOR APY ,
INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND -
REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; ,
PROVIDING FOR AN EFFECTIVE DATE(first reading held on March 08,2017).
Sponsored by City Manager
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CERTIFICATE
OPA-LOCKA, FLORIDA, ADOPTING AMENDMENTS TO ORDINANCE
NO. 15-31, THE LAND DEVELOPMENT REGULATION / CITY ZONING OF DEPOSIT
CODE ORDINANCE,ARTICLE X,SIGN REGULATIONS;PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE(first reading held on March 08,2017).
Sponsored by City Manager
AN OP ORDINANCE OF THE AMENDING COMMISSION OF THE CITY OF . .TO EXTRAORDINARY.
OPA-LOCKA, FLORIDA, AMENDING CHAPTER L1 OF THE CITY OF 1
OPA-LOCKA CODE OF ORDINANCES FOR HISTORIC PRESERVATION TO
REQUIRE ARABIAN/MOORISH ARCHITECTURE MOTIFS FOR ALL NEW
CONSTRUCTION EXECUTED ON PROPERTIES THAT WERE DESIGNATED
AS HISTORIC AND LISTED ON THE FEDERAL HISTORIC REGISTRY
THEN WERE GRANTED A CERTIFICATE OF APPROPRIATENESS FOR OPEN YOUR CD ACCOUNT TODAY!
DEMOLITION;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING STOP BY YOUR LOCAL BRANCH OR VISIT
FOR INCLUSION IN THE CODE;PROVIDING FOR AN EFFECTIVE DATE POPULARCOMMUNITYBANK.COM/CD-SAVINGS.
(first reading held on March 22,2017).Sponsored by City Manager
Additional information on the above items may he obtained in the Office of the City Clerk, ;.qx mac "` °-''"
780 Fisherman Street,4'"Floor,Opa-locka,Florida.All interested persons arc encouraged to attend POPULAR
these meetings and will be heard with respect to the public hearings. . '' f# OPU
It
In accordance with the Americans with Disabilities Act of 1990, persons needing special °` COMMUNITY BANK.
accommodations to participate in the proceeding should contact the Office of the City Clerk al POp11V1�@n11fOM11ty88111tt I
(305)953-2800 for assistance no later than seven(7)days prior to the proceeding.If hearing
impaired,you may telephone the Florida Relay Service at(800)955-8771(TTY),(80)955-8770 1.Promotion begins on March 15,2017 and expires en May 15,2017.Popular Community Bank,in its sole discretion,
(Voice),(877)955-8773(Spanish)or(877)955-8707(Creole). reserves the right to change or terminate this offer at any tone.this offer is available in all Popular Community Bank
branches and via our webslte wwwpapularlbmmunitybank.cant To qualify for the promotional Annual Percentage
PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board, Yield(APY),new or exinhng customary must open a 3-Year Cl)with a required minimum balance and opening
agency,or commission with respect to any matter considered at such meeting or hearing will need deposit of$1,000 in new money.New money is defined as deposits not previously held with Popular Community
a record of the proceedings,and for that reason,may need to ensure that a verbatim record of the Bank.APY assumes principal and interest remain on deposit until maturity,A penalty will be Imposed For early
proceedings is made,which record includes the testimony and evidence upon which the appeal withdrawal.lees may reduce earnings on the account.Promotional Rate is valid on Inc initial 3 year term.•harm
maybe based Popular North America(referred to herein as"bur"w°Popular.Community Bank')is a member or the FDIC and
operates under the assumed name"Popular Community Bank°in the markets in which it operates.Accordingly,
JOANNA FLORES,CMC Popular Community Bank and Banco Popular North America are the some FDIC-insured institution.
02017 Banco Popular North America.Member FOB.
CITY CLERK
Opa-locka, FL Code of Ordinances Page 1 of 17
Chapter 11.1 - HISTORIC PRESERVATION[']
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 Ordinance."
(Ord. No. 81-13, § 1, 5-27-81)
Sec. 11.1-2. - 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 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
(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.
(Ord. No. 81-13, § 2, 5-27-81)
Sec. 11.1-3. - Scope of regulations.
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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.
(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.
(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.
(3)
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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) Guide lines 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.
(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.
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(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 Opa-locka, 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 concern 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
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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 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
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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;
(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)
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Sec. 11.1-20. - Designation process and procedure.
(1) [Designation authority.JThe 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.JCertain 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;
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(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.
(3) [Investigation and designation report.JPrior 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,
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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 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.
(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-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.
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(g) [Amendment orrescission.JThe 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.JNo building, structure, improvement, landscape feature or archeological site
within the City of Opa-locka 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) [Proceduresrequired./The board shall develop procedures for making application for both a
regular and special certificate of appropriateness.
(3) [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
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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.
(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.
(5) 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)
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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.
(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 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:
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(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?
(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?
(7) [Appea/s.JWhere, 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;
iii. Real estate taxes for the previous two (2)years;
iv. Annual debt service, if any, for the previous two (2)years;
v.
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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;
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.
(8) [Certificate of appropriateness required.JNo building permit shall be issued by the Opa-locka
Building Official which affects any designated property in Dade County without a certificate
of appropriateness.
(9) [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)
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[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) [Reviewauthority.JThe 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 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
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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.
(3) [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.
(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.
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(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.
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)
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