On October 13, 2021, at the request of Commissioner Steven Meiner, the City Commission referred the subject discussion item (C4 I) to the Land Use and Sustainability Committee (LUSC). On March 4, 2022, the LUSC discussed the item and continued it to the May 13, 2022 LUSC meeting. The LUSC also directed the Administration to meet with the item sponsor to discuss the issue of notice.

On May 13, 2022 the item was deferred to the June 1, 2022 LUSC meeting. The June 1, 2022 LUSC was postponed to June 6, 2022. On June 6, 2022, the item was deferred to the July 7, 2022 LUSC, with no discussion. 

On July 7, 2022 the item was deferred to the September 28, 2022 LUSC with no discussion. On September 28, 2022 the item was deferred to the November 18, 2022 LUSC with no discussion. On November 18, 2022 the item was deferred to the January 25, 2023 LUSC meeting, with no discussion. At the request of the item sponsor, the item was deferred to the February 15, 2023 LUSC meeting.

The sponsor is requesting that the Planning Department provide an overview to the LUSC on the authority of the Historic Preservation Board (HPB) and Planning Department staff, respectively, to approve a Certificate of Appropriateness (COA). The sponsor has also requested that the LUSC examine the public notice requirements for a COA.

As part of the Planning Department's review of building permit applications, the approval of a COA is required in connection with new construction or modifications to existing buildings located in locally designated historic districts. Depending on the scope of work proposed, a COA may be approved either by the HPB or by staff. The HPB's jurisdiction is limited to the exterior components of the building or structure and public interior spaces.

The following is an overview of the COA review process, including all applicable notice requirements.

Board Level COA Review

The Historic Preservation Board (HPB) is required to review applications for a COA for new construction, demolition, alteration, rehabilitation, renovation, or any other physical modification affecting any building, structure, improvement, landscape feature, public interior or site located within a locally designated historic district or historic site. The only exception to this is if the scope of work proposed is consistent with the requirements set forth in Section 118-563(d) of the LDRs, which outlines improvements that are subject to the review by staff of the Board.

A 30-day notice is required for all applications reviewed by the HPB. This includes a published notice in the Neighbors section of the Miami Herald, the posting of the property, and mail notice to all property owners of record within 375 feet of the property for which a COA is proposed.

Staff Level COA Review

The staff of the HPB is authorized to review COA applications for minor repairs, demolition, alterations, and improvements delineated in Section 118-563(d), and outlined below:

 (1) Ground level additions to existing structures, not to exceed two stories in height, which are not substantially visible from the public right-of-way (excluding rear alleys), any waterfront or public parks, provided such ground level additions do not require the demolition or alteration of architecturally significant portions of a building or structure. For those lots under 5,000 square feet, the floor area of the proposed addition may not exceed 30 percent of the floor area of the existing structure or primary lot, whichever is less, with a maximum total floor area not to exceed 1,500 square feet. For those lots between 5,000 square feet and 10,000 square feet, the floor area of the proposed addition may not exceed 20 percent of the floor area of the existing structure or primary lot, whichever is less, with a maximum total floor area not to exceed 2,000 square feet. For those lots greater than 10,000 square feet, the floor area of the proposed addition may not exceed 10 percent of the floor area of the existing structure or primary lot, whichever is less, with a maximum total floor area not to exceed 5,000 square feet.

 (2) Replacement of windows, doors, storefront frames and windows, or the approval of awnings, canopies, exterior surface colors, storm shutters and signs.

 (3) Facade and building restorations, recommended by staff, which are consistent with historic documentation, provided the degree of demolition proposed is not substantial or significant and does not require the demolition or alteration of architecturally significant portions of a building or structure.

 (4) Minor demolition and alterations to address accessibility, life safety, mechanical and other applicable code requirements, provided the degree of demolition proposed is not substantial or significant and does not require the demolition or alteration of architecturally significant portions of a building or structure.

 (5) Minor demolition and alterations to rear and secondary facades to accommodate utilities, refuse disposal and storage, provided the degree of demolition proposed is not substantial or significant and does not require the demolition or alteration of architecturally significant portions of a building or structure.

There are no notice requirements for applications reviewed pursuant to Section 118-563(d). Attached are examples of completed projects where the COA was reviewed and approved pursuant to Section 118-563(d).

UPDATE  - February 15, 2023 LUSC

The Administration met with the item sponsor to discuss the current notice requirements for a COA reviewed pursuant to Section 118-563(d).  Additionally, on April 6, 2022, the City Commission adopted an Ordinance amendment that established a posting requirement for an applicable COA reviewed in accordance with Section 118-563(d). In this regard, except for awnings, canopies, exterior surface colors, storm shutters and signs, a COA reviewed under Section 118-563(d) now requires a posting of the property prior to the issuance of a building permit. The posting, which will be effectuated by the project applicant and located in a manner clearly visible from the public right-of-way, will indicate that an application for a COA for the property has been filed.

 The Planning and IT Departments have also been working diligently on a platform to be located on the City’s website that would provide a report of building permits and applicable COA applied for pursuant to Section 118-563(d). It is anticipated that this report will be updated either daily or weekly, and there will be a link for residents and stakeholders to access for more detailed information.