Title 23 · Chapter 23 - HISTORIC PRESERVATION

Certificates of appropriateness

Section: 23-6.2

(a)

Certificates of appropriateness, when required. A certificate of appropriateness shall be required for any new construction, alteration, relocation, or demolition within a designated historic site or historic district or for thematically-related historic resources within a multiple property designation. A certificate of appropriateness shall also be required for exceptions, or waivers or exclusion from the provisions of the zoning code, or any successor zoning code. A certificate to dig shall be required for any ground disturbing activity within a designated archaeological site or archaeological zone or within an archaeological conservation area. All certificates of appropriateness and certificates to dig shall be subject to the applicable criteria in this section and any other applicable criteria specified in this chapter, as amended. No permits shall be issued by the building department for any work requiring a certificate of appropriateness unless such work is in conformance with such certificate.

(b)

Procedures for issuing certificates of appropriateness.

(1)

Pre-application conference(s). Before submitting an application for a certificate of appropriateness, an applicant is encouraged to confer with the preservation officer to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data. At the request of the applicant, the preservation officer, or any member of the board, an additional pre-application conference shall be held between the applicant and the board or its designated representative. The purpose of such conference shall be to further discuss and clarify preservation objectives and design guidelines in cases that may not conform to established objectives and guidelines. In no case, however, shall any statement or representation made prior to the official application review be binding on the board, the city commission, or any city department.

(2)

Application for certificate of appropriateness. The applicant shall submit to the preservation officer an application together with supporting exhibits, other materials, and any applicable fees as required by the rules of procedure of the board. No application shall be deemed to be complete until all supporting materials required have been provided and any established fees paid.

(3)

Standard certificates of appropriateness. Where the action proposed in the application is a minor improvement, as specified by the rules of procedure or the board, and is in accord with the guidelines for issuing certificates of appropriateness as set forth subsection 23-7(c), the preservation officer shall, within ten calendar days of receipt of the complete application, issue a standard certificate of appropriateness with or without conditions, indicating in writing, conformity with said guidelines. Following such approval, permits dependent upon it may be issued if otherwise lawful. An applicant may request that the application be initially classified as a special certificate of appropriateness if they wish to have the matter heard by the HEPB.

(4)

Special certificates of appropriateness. Where the action proposed in an application involves a major addition, alteration, relocation, or demolition, as specified by the rules of procedure of the board; where the preservation officer finds that the action proposed in an application involving a minor alteration is not clearly in accord with the guidelines as set forth in subsection (c); or when the applicant is requesting a waiver, or exception or exclusion from the requirements of the zoning code the application shall be classified as a special certificate of appropriateness, and the following procedures shall govern:

Public hearing. When a complete application is received, the preservation officer shall place the application on the next regularly scheduled meeting of the board. The board shall hold a public hearing to review the application. A person whose interests in the proceeding are adversely affected in a manner greater than those of the general public may request intervenor status as defined in this chapter. All public hearings on all certificates of appropriateness conducted by the board and hearings on appeals of board decisions to the city commission regarding certificates of appropriateness shall be noticed as follows:

The applicant shall be notified by mail at least ten calendar days prior to the hearing.

Any individual or organization requesting such notification and paying any established fees therefore shall be notified by mail at least ten calendar days prior to the hearing.

Notice shall also be sent by mail to all owners of property within 500 feet of the property lines of the subject property at least ten calendar days prior to the hearing.

An advertisement shall be placed in a newspaper at least ten calendar days prior to the hearing.

Any additional notice deemed appropriate by the board.

Decision of the board. The decision of the board shall be based upon the guidelines set forth in subsection (c), as well as the general purpose and intent of this chapter and any specific design guidelines officially adopted for the particular historic resource, historic district, multiple property designation, or archaeological site or zone. No decision of the board shall result in an unreasonable or undue economic hardship for the owner. The board may seek technical advice from outside its members on any application. The decision of the board shall include a complete description of its findings, and shall direct one of the following actions:

Issuance of a special certificate of appropriateness for the work proposed by the applicant;

Issuance of a special certificate of appropriateness with specified modifications and conditions;

Denial of a special certificate of appropriateness, including denial of a special certificate of appropriateness for demolition; or

Issuance of a special certificate of appropriateness with a deferred effective date of up to six (6) months in cases of demolition or relocation of a contributing structure or landscape feature, pursuant to the provision of special certificates of appropriateness for demolition in this section or up to forty-five (45) calendar days for any work potentially affecting an archaeological site, archaeological zone, or archaeological conservation area, pursuant to the provisions of special certificates of appropriateness for demolition in this section.

Issuance of a written communication prepared by the preservation officer to the director of the planning department and the zoning administrator that sets out the exact parameters for the waiver (s) from the provisions of the Miami 21 code and the reasons wherefore, and/or their decision as to the exception allowed within a certain transect, and their reasons wherefore.

Accelerated certificate of appropriateness. There are occasions when an applicant is proposing physical changes to a resource that is simultaneously being considered for local historic designation. Under those circumstances, and only if the proposed changes are of a substantial nature, the historic preservation officer shall follow the procedures specified for a special certificate of appropriateness. A hearing for an accelerated certificate of appropriateness will be preceded by the preliminary designation report, in order to establish whether or not the resource appears to meet the criteria for local historic designation.

(5)

Accelerated certificate of appropriateness. When an applicant is proposing physical changes to a resource that is simultaneously being considered for local historic designation, if the proposed changes are of a substantial nature, the preservation officer shall follow the procedures specified for a special certificate of appropriateness. A hearing for an accelerated certificate of appropriateness will be preceded by the preliminary designation report, in order to establish whether the resource appears to meet the criteria for local historic designation.

(c)

Time limitations. If no action is taken upon an application by the board within 60 calendar days, excluding those days within the month of August, from the receipt of a complete application, such application shall be deemed to have been approved, and the preservation officer shall authorize issuance of any permit dependent upon such certification, if otherwise lawful, recording as authorization the provisions of this section. This time limit may be waived at any time by mutual consent of the applicant and the board. However, should in the opinion of the preservation officer or the historic and environmental preservation board such delays be attributable to the applicant and/or their agent, this time limitation shall not apply, nor shall the application be considered approved.

(d)

Records. Written copies of all decisions and certificates of appropriateness shall be filed with the planning department.

(e)

Appeals. The applicant, the planning department, or any aggrieved party may appeal to the city commission any decision of the board on matters relating to certificates of appropriateness by filing within 15 calendar days after the date of the decision a written notice of appeal with the hearing boards department, with a copy to the preservation officer. The notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee of $525.00, plus the cost prescribed by chapter 62 for each mailed notice required. A person whose interests in the proceeding are adversely affected in a manner greater than those of the general public may request intervenor status as defined in this chapter. The city commission shall hear and consider all facts material to the appeal and render a decision as promptly as possible. The appeal shall be de novo hearing and the city commission may consider new evidence or materials. The city commission may affirm, modify, or reverse the board's decision. The decision of the city commission shall constitute final administrative review, and no petition for rehearing or reconsideration shall be considered by the city. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure.

(f)

Changes in approved work. Any change in work proposed subsequent to the issuance of a certificate of appropriateness shall be reviewed by the preservation officer. If the preservation officer finds that the proposed change does not materially affect the property's historic character or that the proposed change is in accord with approved guidelines, standards, and certificates of appropriateness, the officer may issue a supplementary standard certificate of appropriateness for such change. If the proposed change is not in accord with guidelines, standards, or certificates of appropriateness previously approved by the board, a new application for a special certificate of appropriateness shall be required.

(g)

Expiration of certificates of appropriateness. Any certificate of appropriateness issued pursuant to the provisions of this section shall expire 12 months from the date of issuance, unless the authorized work is commenced within this time period, or a building permit has been obtained. The preservation officer may grant an extension of time not to exceed 12 months upon written request by the applicant, unless the board's guidelines as they may relate to the authorized work have been amended.

(h)

Guidelines for issuing certificates of appropriateness.

(1)

Alteration of existing structures, new construction. Generally, for applications relating to alterations or new construction as required in subsection (a) the proposed work shall not adversely affect the historic, architectural, or aesthetic character of the subject structure or the relationship and congruity between the subject structure and its neighboring structures and surroundings, including but not limited to form, spacing, height, yards, materials, color, or rhythm and pattern of window and door openings in building facades; nor shall the proposed work adversely affect the special character or special historic, architectural or aesthetic interest or value of the overall historic site, historic district, or multiple property designation. Except where special standards and guidelines have been specified in the designation of a particular historic resource, historic district, or multiple property designation, or where the board has subsequently adopted additional standards and guidelines for a particular designated historic resource, historic district, or multiple property designation, decisions relating to alterations or new construction shall be guided by the U.S. Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings."

(2)

Replacement of existing structures. It is presumed that a building demolished without obtaining a certificate of appropriateness from the board or was demolished pursuant to an order of the unsafe structure panel or whose property structure was determined to be an immediate threat of danger required to be demolished by order of the building official or that is the subject of a demolition by neglect adjudication by the code enforcement board or magistrate, 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 permitted under the City Code, with no additional square footage added. This presumption shall be applicable in the event a building permit for new construction or for repair or rehabilitation is issued, and demolition occurs for any reason, including, but not limited to, an order of the building official or the unsafe structure panel.

This presumption shall also be applicable to any request for an "after-the-fact" certificate of appropriateness. This presumption may be rebutted, and the board may allow for the addition of more square footage, where appropriate, not to exceed the maximum permitted under the City Code, if it is established to the satisfaction of the board that the following criteria have been satisfied:

The proposed new structure is consistent with the context and character of the immediate area, and

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.

Reconstruction of demolished contributing structures. The board shall determine, on a case-by-case basis, whether the reconstruction of an original, contributing structure is warranted. The requirement to be reconstructed in an original manner is applicable in the event that a contributing building is demolished without obtaining a certificate of appropriateness from the board or was demolished pursuant to an order of the unsafe structure panel or whose property structure was determined to be an immediate threat of danger required to be demolished by order of the building official or that is the subject of a demolition by neglect adjudication by the code enforcement board or magistrate. This shall be applicable in the event a building permit for new construction or for repair or rehabilitation is issued, and demolition occurs for any of the reasons listed.

For purposes of this subsection, reconstruction shall be defined as the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, building, structure for the purpose of replicating its appearance at a specific period of time and in its historic location. The board shall have full discretion as to the exact level of demolition and reconstruction is required.

The requirement for reconstruction may be rebutted, and the board may allow for a new design in accordance with subsection (b)(3) below, if it is established to the satisfaction of the board that any of the following criteria are satisfied:

The proposed new structure is consistent with the context and character of the immediate area; or

Other properties with the same associative value have survived; or

Sufficient historical documentation does not exist to ensure an accurate reproduction.

(3)

Applications for a waiver, or exception or exclusion. An application for a waiver(s), or exception or exclusion from the provisions of the Miami 21 Code will be made on forms provided by the planning department, and will be processed and noticed in accordance with the procedures for a special certificate of appropriateness.

(4)

Ground disturbing activity in archeological zones, archeological sites, or archeological conservation areas.

No certificate of appropriateness shall be issued for new construction, excavation, tree removal, or any other ground disturbing activity until the city's archeologist has reviewed the application and made his/her recommendation concerning the required scope of archeological work. The board may require any or all of the following:

Scientific excavation and evaluation of the site at the applicant's expense by an archeologist approved by the board.

An archeological survey at the applicant's expense conducted by an archeologist approved by the board containing an assessment of the significance of the archeological site and an analysis of the impact of the proposed activity on the archeological site.

Proposal for mitigation measures.

Protection or preservation of all or part of the archaeological site for green space, if the site is of exceptional importance and such denial would not unreasonably restrict the primary use of the property.

The board may issue a certificate to dig with a delayed effective date of up to 45 calendar days to allow any necessary site excavation or assessment.

(5)

Unreasonable or undue economic hardship.

Where strict enforcement of the provisions of this section would result in an unreasonable or undue economic hardship to the applicant, the board shall have the power to vary or modify the provisions of this section, including adopted guidelines. The fact that compliance would result in some increase in costs shall not be considered unreasonable or undue economic hardship if the use of the property is still economically viable.

Any applicant wishing to assert unreasonable or undue hardship must submit as a part of the application for a certificate of appropriateness a written statement presenting the factual data establishing such economic hardship. The written statement presenting factual data shall be in the form of a sworn affidavit containing the following information:

The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased;

The assessed value of the land and improvements thereon according to the three most recent assessments;

The amount of real estate taxes for the previous three years;

All appraisals obtained by the owner or applicant within the previous three years in connection with the potential or actual purchase, financing or ownership of the property;

All listings of the property for sale or rent within the previous three years, prices asked and offers received, if any;

For income producing property only, a profit and loss statement for the property containing the annual gross income for the previous three years; itemized expenses, including operating and maintenance costs, for the previous three years; annual cash flow for the previous three years; and proof that the owner has made reasonable efforts to obtain a reasonable rate of return on the owner's investment and labor;

Any consideration by the applicant as to uses or adaptive uses of the property;

In the event that any of the required information is not reasonably available to the applicant or cannot be obtained, the applicant shall file with the affidavit a statement of the information that cannot be obtained and shall described the reasons why such information is unavailable.

Notwithstanding the submission of the above information, the board may require, at the applicant's expense, additional evidence, including, but not limited to, architectural, structural and/or financial evaluations or studies as are reasonably necessary in the opinion of the board to determine the economic feasibility of rehabilitation of the structure.

(i)

Demolition by neglect.

(1)

Demolition by neglect prohibited; affirmative maintenance required. The owner(s) of a property designated historic pursuant to this chapter, which includes a property either individually designated, designated as a contributing property within a historic district or designated as a thematically-related historic resource within a multiple property designation as defined by this chapter, shall comply with all applicable codes, laws, and regulations governing the maintenance of the property. It is the intention of this section to preserve from deliberate negligence, or inadvertent neglect the exterior features of property designated historic and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. All such properties shall be preserved against such decay and deterioration and shall be free from structural defects through prompt corrections of any of the following defects:

Facades which may fall or damage the subject property, adjoining property, or injure members of the public.

Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls, or other vertical structural supports.

Members of ceilings, roofs, or other horizontal members which sag, split, or buckle due to defective material or deterioration.

Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken or missing windows or doors.

Any fault or defect in the property which renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight.

Defective or insufficient weather protection which jeopardizes the integrity of exterior or interior walls, roofs, or foundation, including lack of paint or weathering due to lack of paint or protective covering.

Any structure designated historic which is not properly secured under the Florida Building Code or other technical codes and is accessible to the general public; or, any fault or defect on the property designated historic that renders it structurally unsafe or not properly watertight.

Spalling of the concrete of any portion of the interior or exterior of the structure designated historic.

(2)

Unreasonable or undue economic hardship. A property owner who believes that application of this section creates an unreasonable or undue economic hardship, as that term is defined by this chapter, may apply for a special certificate of appropriateness to the board within 15 days of having notice or knowledge of any defect(s) referred to in this section. The procedure employed by the board shall be the same as for the consideration of a special certificate of appropriateness under this chapter. The board may grant the owner an extension of time to comply with corrective work or limit the scope of the corrective work.

(3)

Enforcement.

Notice of administrative enforcement. Enforcement shall be as provided pursuant to Chapter 2, Article X, entitled "Code Enforcement," of the City of Miami Code, as amended.

Civil actions for injunction and remedial relief; lien on property. In addition to code enforcement remedies, if the property owner fails to take corrective action within the time prescribed, the city may file any civil action ordering the property owner to take corrective actions and the city may seek damages and seek any other relief available under Florida Law. The court may order an injunction providing such remedies if the city proves that the owner has violated this ordinance and such violation threatens the integrity or existence of a designated historic property. In the event that a court order authorizes that the city enter into the property and take corrective action, the cost of the corrective action incurred by the city shall be a municipal special assessment lien against the property. Such lien shall, until fully paid and discharged, be of equal rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles, claims in, to or against the real property involved. Such liens may be instituted and enforced pursuant to Chapter 173, Florida Statutes, as amended, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The property owner shall pay all costs of collection, including reasonable attorney's fees, service charges, civil penalties, and liens imposed by virtue of this ordinance.

(Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2, 10-22-09; Ord. No. 13133, § 1, 1-28-10; Ord. No. 13142, § 10, 2-11-10; Ord. No. 13180, § 2, 5-27-10; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13712, § 2, 11-16-17; Ord. No. 13912, § 2, 7-23-20; Ord. No. 13971, § 3, 2-25-21; Ord. No. 14118, § 2, 10-27-22)