§ 16A-11. Application for certificate of appropriateness.
(1)
Certificate required as prerequisite to alteration, etc. No building, structure, improvement, landscape feature, or archaeological or paleontological site within Miami-Dade County which is designated pursuant to section 16A-10 shall be erected, altered, restored, renovated, excavated, moved, or demolished until an application for a Certificate of Appropriateness regarding any architectural features, landscape features, or site improvements has been submitted to and approved pursuant to the procedures in this section. Architectural features shall include, but not be limited to, the architectural style, scale, massing, siting, general design, the color of exterior paint surfaces, and general arrangement of the exterior of the building or structure, including the type, style, and color of roofs, windows, doors, and appurtenances. Architectural features shall include, when applicable, interior spaces where interior designation has been given pursuant to section 16A-10. Landscape features and site improvements shall include but are not limited to, site re-grading, subsurface alterations, fill deposition, paving, landscaping, walls, fences, courtyards, signs, and exterior lighting. No Certificate of Appropriateness shall be approved unless the architectural plans for said construction, rehabilitation, alteration, excavation, restoration, renovation, relocation, or demolition are reviewed and approved by the Staff or Board.
(2)
Historic Preservation Chief to develop procedures. The Historic Preservation Chief shall develop procedures for making application for both a regular and special Certificate of Appropriateness.
(3)
Standards for issuance. The Board may adopt and from time to time amend the standards by which applications for any Certificate of Appropriateness are to be measured and evaluated. In adopting these guidelines, it is the intent of the Board to promote preservation, maintenance, restoration, adaptive uses appropriate to the property, and compatible contemporary designs which are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. These guidelines shall also serve as criteria for staff to make decisions regarding applications for regular Certificates of Appropriateness.
(4)
Regular Certificates of Appropriateness. Based on the guidelines for preservation, the designation report, a complete application for regular Certificate of Appropriateness, any additional plans, drawings, or photographs to fully describe the proposed alteration, and any other guidelines the Board may deem necessary, the Historic Preservation Chief or designee shall, within 10 days from the date a complete application has been filed, approve or deny the application for a regular Certificate of Appropriateness by the owner(s) of a designated individual site, or property within a designated district. The determination shall be mailed to the applicant within 3 days accompanied by a statement providing the reasons for the decision. The applicant shall have an opportunity to appeal the decision by applying for a special Certificate of Appropriateness within 30 days of the staffs determination.
(5)
Special Certificates of Appropriateness.
(a)
An applicant for a special Certificate of Appropriateness shall submit an application to the Board on a form prescribed by the Historic Preservation Chief and accompany such application to the Board with full plans and specifications, site plan, and samples of materials as deemed appropriate by the Board to fully describe the proposed appearance, color, texture or materials, and architectural design of the building and any outbuilding, wall, courtyard, fence, landscape feature, paving, signage, and exterior lighting. The applicant shall provide adequate information to enable the Board to visualize the effect of the proposed action on the applicant's building and its adjacent buildings and streetscapes. If such application also involves a designated archaeological or paleontological site, the applicant shall also request a Certificate to Dig in accordance with the procedures set forth in section 16A-14 of this Chapter, which may be heard and decided concurrently with the Certificate of Appropriateness.
(b)
The Board shall hold a quasi-judicial public hearing upon an application for a special Certificate of Appropriateness. In such instances, notice and procedure of the public hearing shall be given to the property owner(s) by U.S. mail and to other interested parties by an advertisement in a newspaper of general circulation at least 10 days prior to the hearing.
(c)
The Board shall conduct the public hearing and, by resolution, act upon an application within 60 days of receipt of application materials adequately describing the proposed action. The Board shall approve, deny, or approve in modified form an application, subject to the acceptance of the modification by the applicant, or suspend action on the application for a period not to exceed 30 days unless more time is agreed to by the property owner(s) in order to obtain technical advice from outside its members or to allow the applicant to meet further with staff or revise or modify the application.
(d)
The decision of the Board shall be issued in writing. Evidence of approval of the application shall be by Certificate of Appropriateness issued by the Board or the Board's designated staff representative to the applicant and, whatever its decision, notice in writing shall be given to the applicant and the Director of the Regulatory and Economic Resources Department or successor. When an application is denied, the Board's notice shall provide an adequate written explanation of its decision to disapprove the application. The Board shall keep a record of its actions under this Chapter.
(e)
Unless otherwise provided in the Certificate of Appropriateness, both regular and special Certificates of Appropriateness shall expire after 365 days. The Historic Preservation Chief or designee may grant extensions of time of up to an additional 180 days for restoration or rehabilitation work only upon satisfaction that the scope of the work originally approved has not changed and provided a written request is filed and work is commenced before expiration of the Certificate.
(6)
Demolition.
(a)
Demolition of a designated building, structure, improvement, or site may occur pursuant to an order of a government agency or a court of competent jurisdiction or pursuant to an approved application by the owner for a special Certificate of Appropriateness.
(b)
Government agencies having the authority to demolish unsafe structures shall receive notice of designation of individual sites, districts, and archaeological and paleontological zones pursuant to section 16A-10. The staff of such agencies shall consult with the staff of the Historic Preservation Board before entering a demolition order or placing such properties on an official agenda. Such unsafe structures agencies shall not enter a demolition order unless they first determine in writing that there exists no feasible alternative to demolition.
(i)
The Historic Preservation Chief shall be deemed an interested party and shall receive ten days prior written notice of any public hearings conducted by said government agency regarding demolition of any designated property.
(ii)
The Board may make recommendations and suggestions to the government agency and the owner(s) relative to the feasibility of and the public interest in preserving the designated property.
(iii)
At the written request of the Historic Preservation Chief, such unsafe structure agencies shall continue any hearing on a property for not less than 30 days to allow consultation with the Miami-Dade County Historic Preservation Board.
(iv)
If an unsafe structures agency subjects a designated property to an order providing for demolition, the order shall also, at the written request of the Historic Preservation Chief or the Historic Preservation Board, establish a grace period of no less than 120 days to obtain a permit to repair the property, followed by no less than 180 days to complete such repairs. After entry of such a repair or demolish order, such unsafe structures agencies shall have the jurisdiction and authority to grant additional extensions of the grace period, provided the agency is satisfied that the repair will be completed in a reasonable time.
(v)
Nothing in this section shall prohibit an unsafe structures agency from entering an order requiring a designated property to be secured.
(c)
No permit for voluntary demolition of a designated building, structure, improvement, or site shall be issued to the owner(s) thereof until an application for a special Certificate of Appropriateness has been submitted and approved pursuant to the procedures in this section.
(i)
Refusal by the Board to grant a special Certificate of Appropriateness shall be evidenced by written order detailing the public interest which is sought to be preserved. The Board shall be guided by the criteria contained in part (6), subsection (d) herein.
(ii)
The Board may grant a special Certificate of Appropriateness which may provide for a delayed effective date. The effective date shall be determined by the Board based upon the relative significance of the structure and the probable time required to arrange a possible alternative to demolition.
(iii)
During the demolition delay period, the Board or Historic Preservation Chief may take such steps as it deems necessary to preserve the structure concerned, in accordance with the purposes of this Chapter. Such steps may include, but shall not be limited to, consultation with civic groups, public agencies and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving 1 or more structures or other features.
(d)
In addition to all other provisions of this Chapter, the Board shall consider the following criteria in evaluating applications for a special Certificate of Appropriateness for demolition of designated properties:
(i)
Is the structure of such interest or quality that it would reasonably meet national, State, or local criteria for designation as a historic or architectural landmark?
(ii)
Is the structure of such design, craftsmanship, or material that it could be reproduced only with great difficulty and/or expense?
(iii)
Is the structure one of the last remaining examples of its kind in the neighborhood, the County, or the region?
(iv)
Does the structure contribute significantly to the historic character of a designated district?
(v)
Would retention of the structure promote the general welfare of the County by providing an opportunity for study of local history, architecture, or design or by developing an understanding of the importance and value of a particular culture and heritage?
(vi)
Are there definite plans for reuse of the property if the proposed demolition is carried out, and what will be the effect of those plans on the character of the surrounding area, including any impacts on the availability of affordable or workforce housing in the community?
(vii)
Permits. No building permit shall be issued by the Department of Regulatory and Economic Resources or its successor department which affects any designated property in Miami-Dade County without a Certificate of Appropriateness.
(viii)
Compliance of work with Certificate standards. All work performed pursuant to the issuance of any Certificate of Appropriateness shall conform to the requirements of the Certificate. The County Mayor or designee shall designate an appropriate official to assist the Board and Historic Preservation Chief by making necessary inspections in connection with enforcement of this Chapter and shall be empowered to issue a stop work order if performance is not in accordance with the issued Certificate. No work shall proceed as long as a stop work order continues in effect. Copies of inspection reports and any stop work orders shall be furnished to the Board and the applicant. The Regulatory and Economic Resources Director or successor or other appropriate official, and staff for the Board shall be responsible for ensuring that any work not in accordance with an issued Certificate of Appropriateness shall be corrected to comply with the Certificate of Appropriateness prior to withdrawing the stop work order.
(ix)
Emergency, temporary measures. For the purpose of remedying emergency conditions determined to be dangerous to life, health, or property, nothing contained herein shall prevent the making of any temporary construction, reconstruction, or other repairs to a building or site in Miami-Dade County, pursuant to an order of a government agency or a court of competent jurisdiction. The owner of a building damaged by fire or other calamity shall be permitted to stabilize the building immediately without Board approval, and to rehabilitate it later under the normal review procedures to this Chapter.
(x)
No action to constitute approval. If no action upon an application is taken within 60 days from the date of application, such application shall be deemed to have been approved and no other evidence of approval shall be needed. This time limit may be waived by mutual written consent of the applicant and the Board.
(xi)
Power of review. The Board shall have the authority to review applications for Certificates of Appropriateness for all properties designated by Miami-Dade County, however owned, by either private or public parties. The purposes of this Chapter shall apply equally to plans, projects, or work executed or assisted by any private party, governmental body or agency, department, authority, or Board of the city, County, or State.
(Ord. No. 81-13, § 11, 2-17-81; Ord. No. 82-99, § 1, 10-19-82; Ord. No. 98-125, § 10, 9-3-98; Ord. No. 03-38, § 11, 3-11-03; Ord. No. 16-125, § 2, 11-1-1)