HomeMy WebLinkAboutSubmittal-Olga Zamora-Code Section for Certificates of Appropriateness• Sec. 23-6.2. - Certificates of appropriateness.
(a)
(b)
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.
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.
Procedures for issuing certificates of appropriateness.
(1)
(2)
(3)
(4)
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.
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.
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.
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:
a.
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
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public hearing to review the application. 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:
1.
3.
4.
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.
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, 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:
1.
3.
4.
5.
6.
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
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(c)
(0
(g)
(h)
(5)
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.
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.
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.
Records. Written copies of all decisions and certificates of appropriateness shall be filed with the
planning department.
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 designations and certificates of
appropriateness by filing within fifteen (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 $3.50 per mailed notice required pursuant to
f3-4. 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.
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.
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.
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Guidelines for issuing certificates of appropriateness.
(1)
(2)
(3)
(4)
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 e re a ions ip an
congruity between -Tie subject structure and its neignbormg 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 or
historic district. Except where special standards and guidelines have been specified in the
designation of a particular historic resource or historic district, or where the board has subsequently
adopted additional standards and guidelines for a particular designated historic resource or historic
district, 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."
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.
Ground disturbing activity in archeological zones, archeological sites, or archeological
conservation areas.
a.
b.
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 recommendation concerning the required scope of archeological
work. The board may require any or all of the following:
1.
2.
3.
4.
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.
Unreasonable or undue economic hardship.
a.
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
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b.
c.
d.
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:
1.
2.
3.
4.
5.
7.
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.
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, or designated as a contributing property within a historic district, 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
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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:
a.
b.
c.
d.
e.
f.
g•
h.
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.
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.
Enforcement.
a.
b.
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
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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)
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