DEMOLITION BY NEGLECT - REPLICATION REQUIREMENTS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 118, “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE X, “HISTORIC PRESERVATION,” DIVISION 1, “GENERALLY,” BY AMENDING SECTION 118-503 THEREOF, ENTITLED “SCOPE, POLICIES AND EXEMPTIONS,” TO AMEND THE REGULATIONS APPLICABLE TO CONTRIBUTING BUILDINGS THAT ARE DEMOLISHED WITHOUT A CERTIFICATE OF APPROPRIATENESS; AND BY AMENDING SECTION 118-564 THEREOF, ENTITLED “DECISIONS ON CERTIFICATE OF APPROPRIATENESS” TO AMEND THE CERTIFICATE OF APPROPRIATENESS REVIEW CRITERIA TO INCLUDE THE SECRETARY OF INTERIOR’S STANDARDS FOR RECONSTRUCTION; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

PLANNING ANALYSIS
Chapter 118, Article X (Historic Preservation) of the Land Development Regulations (LDR’s) of the City Code currently includes a ‘presumption’ that a contributing building demolished without obtaining a Certificate of Appropriateness from the Historic Preservation Board (HPB) shall only be replaced with a new structure that incorporates the same height, massing and square footage of the previous structure on site, not to exceed the floor area ratio (FAR) of the demolished structure, and not to exceed the maximum FAR and height provided under the City Code. Further, Article X expressly empowers the HPB to determine, on a case-by-case basis, whether the replication of an original, contributing structure is warranted.

Attached is a proposed amendment to chapter 118, Article X of the LDR’s, to include a presumption that if a contributing structure is demolished, for any reason, including, but not limited to demolition by neglect, without first obtaining a Certificate of Appropriateness from the Historic Preservation Board, that the building must be replicated, if certain criteria are satisfied. The following is a summary of the key provisions of the proposed Ordinance amendment:

• The historic preservation board shall continue to have the authority to determine, on a case-by-case basis, whether the replication of an original, contributing structure is warranted.

• The policy of the City of Miami Beach shall be a presumption that a contributing building demolished without obtaining a certificate of appropriateness from the historic preservation board, shall be replicated. Currently the presumption is that the same height and square footage is replicated, but not the actual design of the demolished structure.

• The historic preservation board shall continue to have full discretion as to the exact level of demolition and reconstruction required.

• This presumption for replication may be rebutted, and the historic preservation board may allow for a new design if any of the following criteria are satisfied:
1. A full replication or contemporary depiction is not required to understand and interpret a property's historic value (including the re-creation of missing components in a historic district or site);
2. other properties with the same associative value have survived; and
3. sufficient historical documentation does not exist to ensure an accurate reproduction.

• In the event the historic preservation board does not require replication, the policy of the City of Miami Beach continues to be a presumption that a contributing building demolished without obtaining a certificate of appropriateness from the historic preservation board shall only be replaced with a new structure that incorporates the same height, massing and square footage of the previous structure on site, not to exceed the FAR of the demolished structure, with no additional square footage added. This presumption may be rebutted, and the historic preservation board may allow for the addition of more square footage, if the following criteria have been satisfied:
1. The proposed new structure is consistent with the context and character of the immediate area; and
2. The property owner made a reasonable effort to regularly inspect and maintain the structure free of structural deficiencies and in compliance with the minimum maintenance standards of this Code.

The proposal to require a presumption that a building must be replicated would strengthen and build upon the current presumption, which is that the demolished building shall only be replaced with a new structure that incorporates the same height, massing and square footage of the previous structure on the site. In the case of an after-the-fact Certificate of Appropriateness (COA) for demolition, presuming replication will place the legal burden on the property owner of a building that was demolished without a COA to demonstrate evidence why the HPB should allow the building to be replaced by something other than the original design of the contributing building.

Under the U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties, reconstruction may be considered as a treatment under the following circumstances:
1. When a contemporary depiction is required to understand and interpret a property's historic value (including the re-creation of missing components in a historic district or site);
2. When no other property with the same associative value has survived; and
3. When sufficient historical documentation exists to ensure an accurate reproduction.

The Standards for Reconstruction review criteria are summarized as follows:

1. Reconstruction will be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property.
2. Reconstruction of a landscape, building, structure or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts that are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken.
3. Reconstruction will include measures to preserve any remaining historic materials, features and spatial relationships.
4. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create the appearance of the non-surviving historic property in materials, design, color and texture.
5. A reconstruction will be clearly identified as a contemporary re-creation.
6. Designs that were never executed historically will not be constructed.

The Administration is supportive of this proposal as it will strengthen the City’s demolition by neglect procedures and provide more specific guidance to both property owners and the HPB. Further, the proposal will establish clear and objective criteria consistent with the Secretary of Interior’s Standards for the Reconstruction of Historic Buildings, for the Board to evaluate during their review of applications for Certificate of Appropriateness.

PLANNING BOARD REVIEW
The Planning Board held a public hearing on May 24, 2022 and transmitted the Ordinance to the City Commission with a favorable recommendation (4-2).

UPDATE
The City Commission was scheduled to consider the subject Ordinance at First Reading on July 8, 2022 and it was deferred to July 20, 2022.