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 Miami Shores Village
 Code of Ordinances
 Chapter 11. HISTORIC PRESERVATION

  § 11-6. Effect of historic landmark designation.  

Latest version.

  • No structure that is designated by the village council as a historic landmark structure or as a building within a designated historic district may be demolished, moved or altered in its exterior appearance by addition, reconstruction, alteration or maintenance, or by removal of or destruction of trees located on the site until an application for a certificate of appropriateness has been submitted to the historic preservation board and has been approved by that board, or by the village council on appeal; nor shall any property that is designated by the village council as a historic landmark site be physically altered until an application for a certificate of appropriateness has been submitted to the historic preservation board and has been approved by that board, or by the village council on appeal. Any property designated as a historic landmark prior to the effective date of the ordinance from which this chapter is derived shall henceforth be deemed to have been designated a historic landmark structure.

    Undue economic hardship.

    (1)

    Where, by reason of particular site conditions and restraints, or because of unusual circumstances applicable solely to the particular applicant property, strict enforcement of the provisions of this chapter, pertaining to certificates of appropriateness, pertaining to certificates to dig, would result in undue economic hardship to the applicant, the board shall have the power to vary or modify adherence to this chapter; provided always that its requirements ensure harmony with the general purposes hereof and will not adversely affect the village.

    (2)

    For purposes of this section, "undue economic hardship" means that denial of the applicant's request would directly restrict or limit the use of real property such that the property owner is permanently unable to attain the reasonable, investment-backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public.

(Ord. No. 742-17 , § 1, 11-21-17)