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HomeMy WebLinkAboutQ&A Historic DesignationQUESTIONS AND ANSWERS ABOUT PROPOSED HISTORIC DESIGNATIONS What is the City of Miami's Historic Preservation Ordinance? The ordinance is a mechanism to recognize Miami's historic properties that meet the criteria for local historic significance. Its purpose is to encourage the preservation of historic properties by providing assistance and incentives to owners and to prevent unreasonable destruction or defacement of historic structures whenever an economically acceptable alternative can be found. - What does the designation of a historic property mean to the property owner? Designation means that any future physical change to the exterior of a property must be approved in advance by the City. The review process is designed to assist owners in developing appropriate plans and designs, inform them of available benefits, and protect against unnecessary destruction of important historic features. How does a property become a historic site or historic district? First, a designation report, which fully describes the structure(s) and the associated historic and architectural significance, is prepared. Then, a public hearing is conducted where property owners and any interested citizens are encouraged to express their opinions. The Historic and Environmental Preservation Board then approves or denies the historic designation. Why would a property owner want his/her property designated as historic? The Historic and Environmental Preservation Board and its staff provide technical advice and assistance concerning appropriate design, construction methods, etc. Historic designation often carries a certain prestige that may improve marketability, increase property values, and secure financing that would not otherwise be available for an older building. What kinds of changes to a building would require approval and how long would it take? Ordinary maintenance and repair of existing features would not require approval, nor would alterations to the interiors of most properties. However, a building permit is required for all work in excess of $500. A special permit, called a Certificate of Appropriateness, would be required for most types of exterior remodeling, additions, new construction, and demolition. Minor changes such as repainting, or replacement of a roof or windows could be approved immediately upon submission of an application to the Department of Planning and Zoning, if those changes comply with the standards and guidelines for historic appropriateness. The ordinance permits a maximum of ten days for such approvals. Other changes such as additions, new construction, or demolition, would require review and approval by the Historic and Environmental Preservation Board, which meets once per month. The ordinance allows no more than 60 days for action on an application to the Board. What are the standards and guidelines on which Certificate of Appropriateness are based? The guidelines are a set of ten standards developed by the U.S. Secretary of the Interior to guide the preservation of buildings. Called the "Standards for Rehabilitation," they read as follows: 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. if such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. What if the Historic and Environmental Preservation Board wanted an owner to do something he could not afford? The Board does not have authority to require anything that would create an unreasonable or undue economic hardship for an owner. If the owner can show such hardship, the Board would approve the most equitable solution, balancing economics with concern for the historic integrity of the properly. Are the design standards and guidelines concerning a property retroactive? No. A property is designated as is, including features that are not in compliance with the new standards. It is much the same as a grandfather clause: everything can remain as long as it was permitted and can be maintained. Would an owner be forced to restore his property if it is designated? No. The Historic and Environmental Preservation Board only reviews changes proposed by the owner of the property. The Board could require an owner to modify plans he or she has proposed to meet standards and guidelines. But an owner who is not proposing any changes could not be required to make any. What effect would district designation have on my property taxes? None, as nearly as we can tell. Historic designation and assessed value are independent of each other. However, it is possible that the value of your property would increase because a historic building is often considered a desirable place in which to live or work. Are there any restrictions on buying or selling a designated historic property? No. An owner can sell to whom he or she pleases, as far as the Historic Preservation Ordinance is concerned. Isn't the Historic Preservation Ordinance a taking of private property rights? No. Property rights are always limited by regulations that protect the public health, safety, and welfare (i.e. zoning, building codes, fire codes, etc.). This ordinance is a set of regulations intended to protect the public welfare. Its legal precedent has been well established and tested in Miami and in over 800 U.S. cities that have similar historic ordinances in effect. The ordinance contains innumerable safeguards for private property owners, most notably the prohibition against creating an unreasonable or undue economic hardship. An illegal infringement on private property. rights could occur only if the Historic and Environmental Preservation Board were to try and impose an unreasonable requirement contrary to the rules of the ordinance. Owners are protected against that possibility through appeals to the City Commission and the Circuit Court. Where can I get more information about the proposed historic designation? Additional information can be obtained from the City of Miami Department of Planning and Zoning, 444 S.W. 2'd Avenue, Third Floor, Phone 305-416-1433. The mailing address is P.O. Box 330708, Miami, Florida 33233-0708.