Ordinance 2022-4481 Clarifications To COA Administrative Appeals And Application Form Requirements
ORDINANCE NO. 2022-4481
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH BY AMENDING CHAPTER 118 OF THE LAND DEVELOPMENT
REGULATIONS, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY
AMENDING SECTION 118-9, ENTITLED "REHEARING AND APPEAL
PROCEDURES," IN ORDER TO CLARIFY THE STANDARDS AND
PROCEDURE FOR ADMINISTRATIVE APPEALS BEFORE THE BOARD OF
ADJUSTMENT; BY AMENDING ARTICLE X, ENTITLED "HISTORIC
PRESERVATION," BY AMENDING DIVISION 3, ENTITLED "ISSUANCE OF
CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE
OF APPROPRIATENESS FOR DEMOLITION," TO CLARIFY THE REVIEW
PROCEDURE FOR ADMINISTRATIVE LEVEL CERTIFICATES OF
APPROPRIATENESS, INCLUDING APPEALS THEREOF; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, Article I, Section 2 of the City's Related Special Acts provides that the"Board
of Adjustment shall hear and decide appeals from, and review, any order, requirements, decision
or determination made by an administrative official charged with the enforcement of the Zoning
Ordinance of the City of Miami Beach"; and
WHEREAS, the Related Special Acts vest the Board of Adjustment with the exclusive
jurisdiction to hear appeals from administrative decisions of the Planning Director; and
WHEREAS, Section 118-9 of the Land Development Regulations of the City Code sets
forth the standards and rules of procedure for appeals to the Board of Adjustment; and
WHEREAS, Section 118-563(d) of the Land Development Regulations of the City Code
delineates certain types of improvements within local historic districts for which the required
Certificate of Appropriateness may be reviewed and approved by Planning Department staff; and
WHEREAS, Section 118-563 also creates a detailed process and procedural
requirements for the review of staff-level Certificates of Appropriateness; and
WHEREAS, the City desires to clarify the standards and rules of procedure for review of
Certificates of Appropriateness approved pursuant to Section 118-563 of the Land Development
Regulations of the City Code, in order to conform the Code to longstanding City practices; and
WHEREAS, the proposed revisions to section 118-9 and 118-563, herein, are necessary
to achieve these objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
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SECTION 1. That Chapter 118 "Administration and Review Procedures," Article I "In General,"
is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE I.—IN GENERAL
* * *
Sec. 118-9. - Rehearing and appeal procedures.
The following requirements shall apply to all rehearings and appeals to or from the City's
by land development use boards unless otherwise more specifically provided for in these land
development regulations, and applicable fees and costs shall be paid to the City as required under
section 118-7 and Appendix A to the City Code. As used herein, "land use board(s)" shall mean
the board of adjustment, design review board, historic preservation board and planning board.
* * *
(b) Board of adjustment—Administrative appeal procedures:
(1) The board of adjustment shall have the excl isive authority to hear and_decide all
order, requirement, decision, or determination made by the palling director or his
directory deci ion shall he p blished within 30 days on the oitv's website for at
least `2 ysAn ihle part, as deef ed in s code, shall have_30 days, from
posting en the web page to appeal the administrative determination_
(1) The board of adjustment shall have the exclusive authority to hear and decide the
following administrative appeals:
A. Written determinations of the planning director.Appeals when it is alleged that
there is an error in any written determination made by the planning director in
the enforcement of these land development regulations. An applicant shall
first request a written determination from the planning director and pay the
applicable fees set forth in Appendix A. Within 30 days of the issuance of a
written determination by the planning director, the determination shall be
published on the city's website for a period of at least 30 days. An eligible
party, as defined in subsection (b)(2)(B), shall have 30 days from the
publication of the determination on the city website to appeal the
determination.
B. Appeals expressly authorized under section 118-395, "Repair and/or
rehabilitation of nonconforming buildings and uses"; section 118-609,
"Completion of work"; and section 142-108, "Provisions for the demolition of
single-family homes located outside of historic districts."An eligible party, as
defined in subsection (b)(2)(B), shall have 30 days from the date of the
decision to appeal an administrative decision issued under sections 118-395,
118-609, or 142-108.
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C. Appeals pursuant to section 118-260. The applicant and/or property owner
shall have 15 days from the issuance of the approval or denial pursuant to
section 118-260, to file an appeal.
D. Appeals pursuant to subsections 118-563(d)(1) and 118-563(d)(3). With the
exception of properties located within an RS district, an eligible party, as
defined in subsection (b)(2)(B), shall have 15 days from the issuance of a
certificate of appropriateness pursuant to subsections 118-563(d)(1) or 118-
563(d)(3) to file an appeal. For purposes of this subsection, the date of
issuance of the certificate of appropriateness shall be the date of the issuance
of the corresponding building permit.
(2) Eligible administrative appeals shall be filed in accordance with the process as
outlined in subsections A through D below:
A. Timeframe to file:A petition for an administrative appeal, by an eligible party,
as defined in this section cede, shall be submitted to the planning director in
accordance with the timeframes noted in subsection 118-9(b)(1) above en-or
before the 30th day after the date of the publication.
B. Eligible parties. Parties eligible to file an application for an administrative
appeal are limited to the following:
(i) Original applicant/property owner.
(ii) The city manager on behalf of the city administration, except for
administrative appeals pursuant to sections 118-260, "Special
review procedure," 118-395, "Repair and/or rehabilitation of
nonconforming buildings and uses," 118-609, "Completion of
work"and 142-108, "Provisions for the demolition of single-family
homes located outside of historic districts".
(iii) An affected person,which for purposes of this section shall mean
a person owning property within 375 feet of the site or application
which is the subject of the administrative appeal, except for
administrative appeals pursuant to sections 118-260, "Special
review procedure" 118-395, "Repair and/or rehabilitation of
nonconforming buildings and uses," 118-609, "Completion of
work," and 118-260, "Special review procedure."
(iv) Miami Design Preservation League, except for administrative
appeals pursuant to sections 118-260, "Special review
procedure," 118-395, "Repair and/or rehabilitation of
nonconforming buildings and uses," 118-260, "Special review
procedure," 118-609, "Completion of work," and 142-108,
"Provisions for the demolition of single-family homes located
outside of historic districts."
(v) Dade Heritage Trust, except for administrative appeals pursuant
to sections 118-260, "Special review procedure," 118-395,
"Repair and/or rehabilitation of nonconforming buildings and
uses," 118-260, "Special review procedure," 118-609,
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"Completion of work," and 142-108, "Provisions for the
demolition of single-family homes located outside of historic
districts."
C. Application requirements. The following shall be required for all applications
for administrative appeals:
(i) The petition to the board shall be in writing; and
(ii) The petition shall be submitted by or on behalf of an eligible party;
and
(iii) The petition shall set forth the factual, technical, architectural,
historic and legal bases for the appeal; and
(iv) The party filing the appeal shall be responsible for providing all
plans and exhibits, subject to planning department procedures, as
well as the duplication of all pertinent plans and exhibits.
D. Notice requirements. All administrative appeal applications are subject to the
same noticing requirements as an application for a public hearing, in
accordance with section 118-8, "Notice Procedures for Quasi Judicial Land
I Ice Beard Astien and fer Administrative Decisions Requiring Notice° The
hearing applicant shall be responsible for all associated costs and fees.
E. Standard of review. The appeal shall be "de novo," meaning that the party
appealing the administrative decision bears the burden of going forward with
evidence and of persuasion at before the board of adjustment administrative
appeal proceeding, and to that end, the board shall have all the powers of the
officer from whom the appeal is taken. Witnc„scs Relevant evidence and
witness testimony may be considered during the hearing. The hearing is
sens-idered quasi-judicial in nature, and a public hearing is required.
(3) Outside counsel to the planning department. In the event of an administrative
appeal to the board of adjustment, the planning director may engage the services
of an attorney, or utilize a separate, independent, attorney from the city attorney's
office,for the purpose of representing the planning director who made the decision
that is the subject of the appeal.
(4) Board of adjustment decisions on administrative appeals. The board of adjustment
may, upon appeal, reverse or affirm, wholly or partly, the order, requirement,
decision, or determination of the planning director. The concurring vote of five
members of the board of adjustment shall be necessary to reverse any order,
requirement, decision,or determination of the planning director or to decide in favor
of the applicant on any matter upon which the board of adjustment is required to
pass under these land development regulations.
With the exception of appeals filed pursuant to subsections 118-563(d)(1) or 118-
563(d)(3), nNo permit shall be issued for work prior to expiration of the appeal
period or final disposition of any appeal.
(5) Stay of work and proceedings on appeal. An administrative appeal to the board of
adjustment stays all work on the premises and all proceedings in furtherance of
the action appealed from, unless one of the exceptions below applies:
A. The planning director shall certify to the board of adjustment that, by reason
of facts stated in the certificate, a stay would cause imminent peril to life or
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property. In such a case, proceedings or work shall not be stayed except by
a restraining order, which may be granted by the board or by a court of
competent jurisdiction, upon application, with notice to the officer from whom
the appeal is taken and for good cause shown; or
B. Associated land use board hearings, may proceed to a final order, provided,
however, (i) no building permit, or certificate of occupancy, or business tax
receipt, dependent upon such hearing approval, shall be issued until the final
resolution of all administrative and court proceedings as certified by the city
attorney; and (ii) the applicant for such land use board hearing shall hold the
city harmless and agree to indemnify the city from any liability or loss resulting
from such proceedings.
SECTION 2. That Chapter 118, Article X "Historic Preservation," Section 118-563, entitled
"Review Procedure," is hereby amended as follows:
ARTICLE X. — HISTORIC PRESERVATION
DIVISION 3. - ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION
* * *
Sec. 118-562. Application.
(a) An application for a certificate of appropriateness may be filed with the historic preservation
board at the same time or in advance of the submission of an application for a building permit.
Copies of all filed applications shall be made available for inspection by the general public.
(b) All applications for historic preservation board review involving demolition, new building
construction, alteration, rehabilitation, renovation, restoration or any other physical
modification of any building, structure, improvement, landscape feature, public interior or site
individually designated in accordance with sections 118-591, 118-592 and 118-593, or
located within an historic district shall be on a form provided by the planning department and
shall include such information and attached exhibits as the board and the planning
department determine are needed to allow for complete evaluation of the proposed
demolition, construction and other physical improvements, alterations or modifications
including, but not limited to, the following:
* * *
Sec. 118-563. Review procedure.
Any applicant requesting a public hearing.on any application pursuant to this section shall
pay, upon submission, the applicable fees in section 118-7. No application shall be considered
complete until all requested information has been submitted and all applicable fees paid.
* * *
(d) Notwithstanding subsections 118-563(a) through (c) above, all applications for
certificates of appropriateness involving minor repairs, demolition, alterations and
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improvements (as defined below and by additional design guidelines to be adopted by
the board in consultation with the planning director or designee) shall be reviewed by
the staff of the board, The staff shall approve, approve with conditions, or deny a
certificate of appropriateness or a certificate to dig after the date of receipt of a
completed application. For purposes of this subsection, the application requirement for
certificate of appropriateness review shall be satisfied by the submission of a
corresponding building permit application, or such other permit application form required
by the planning department. Such minor repairs, alterations and improvements include
the following:
(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.
Le) For certificates of appropriateness issued pursuant to subsections 118-563(4 with the
exception of certificates of appropriateness for awnings, canopies. exterior surface
colors. storm shutters, and signs, the applicant shall mount a laminated posting. in a
form prescribed by the planning director. at the front of the property. in a manner and
location clearly visible from the public right-of-way. indicating that an application for a
certificate of appropriateness has been filed. The applicant shall provide evidence to
the planning director that the posting has been installed on site prior to the issuance of
a buildingpermit The posting shall be for informational purposes only and the validity
of any building permit or certificate of appropriateness shall not be affected by any
failure to mount or continuously maintain the posting throu•hout an a••licable a••eal
period established in section 118-9(b)(1)(D). Any decision of the planning director
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regarding certificate of appropriateness issued pursuant to subsections 118-563(d)(1)
and/or 118-563(d)(3), may be appealed to the board of adjustment pursuant to the
requirements of section 118-9.
SECTION 3. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 5. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this V day of A1rI I
ATTEST: Dan Gelber
Mayor
APR 1 2 '2022
Rafael E. Granado, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
First Reading: March 9, 2022
Second Reading: April 6, 2022 3 ^ a-�'—
City Attorney V Date
Underline denotes additions (v C-
den es dele ons _F\PMti. . ` ,,
/y0P ORAiE1
Verified By: '�
Thomas R. Mooney, AICP
Planning Director
� i_`."��„
T:Wgenda\2022\4 April 2022\Planning\COA Admin Appeals and Application Form Requirements-Second Reading ORD.docx
7
Ordinances-R5 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Nina T. Hudak, City Manager
DATE: April 6, 2022
1:55 p.m. Second Reading Public Hearing
SUBJECT:CLARIFICATIONS TO COA ADMINISTRATIVE APPEALS AND
APPLICATION FORM REQUIREMENTS
AN ORDINANCE OF THE MAYOR AND CITY.COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH BY AMENDING CHAPTER 118 OF THE LAND
DEVELOPMENT REGULATIONS, ENTITLED "ADMINISTRATION AND
REVIEW PROCEDURES," BY AMENDING ARTICLE I, ENTITLED "IN
GENERAL," BYAMENDING SECTION 118-9, ENTITLED "REHEARING AND
APPEAL PROCEDURES," IN ORDER TO CLARIFY THE STANDARDS AND
PROCEDURE FOR ADMINISTRATIVE APPEALS BEFORE THE BOARD
OF ADJUSTMENT; BY AMENDING ARTICLE X, ENTITLED "HISTORIC
PRESERVATION," BYAMENDING DIVISION 3, ENTITLED "ISSUANCE OF
CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION," TO
CLARIFY THE REVIEW PROCEDURE FOR ADMINISTRATIVE LEVEL
CERTIFICATES OF APPROPRIATENESS, INCLUDING APPEALS
THEREOF; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
HISTORY
On December 8, 2021, at the request of the City Manager, the City Commission referred the
proposed Ordinance to the Planning Board for review and recommendation(item C4 T).
BACKGROUND
Recently, independent evaluations were conducted regarding the administrative review
procedures pertaining to apartment hotels, including recommendations from the Office of the
Inspector General (01 G). The following are the applicable recommendations contained in OI G
Report 21-40:
1. The Planning and Building Departments, in consultation, should determine whether
Page 1063 of 1735
Section 118-562(b) of the Land Development Regulations should be amended to permit the
Planning Department to approve administrative Certificates of Appropriateness on the
building permit application or require a separate Certificate of Appropriateness application
on a form prepared by the Planning Department(See Legal Opinion).
2. The City should amend Article X of the Land Development Regulations to clearly state
and require that in the cases of administrative review of a Certificate of Appropriateness
performed pursuant to Section 118-563(d) of the Land Development Regulations, the
Planning Director, or designee, shall issue a written decision as to the approval, denial, or
conditions imposed with respect to a Certificate of Appropriateness, including whether said
decision involved subsections 118-563(d)(1) and 118-563(d)(3), so that the same can be
appealed by affected persons as provided by Section 118-563(e) and 118-9 of the Land
Development Regulations(See Legal Opinion).
The first recommendation pertains to what type of application form should be required for
certificates of appropriateness that are eligible to be reviewed at staff level. The second
recommendation pertains to the appeal and 'notice process for administrative level certificate of
appropriateness reviews.
ANALYSIS
PLANNING ANALYSIS
The attached Ordinance amends Chapter 118 of the Land Development Regulations (LDR's)
of the City Code. There are two areas proposed to be amended, for clarification purposes, as
more specifically summarized hereto:
Administrative Application Form Clarification
Subsections 118-562 and 118-563 are proposed to be amended to clarify that the building
permit application may suffice as the application for administrative level certificates of
appropriateness filed in accordance with section 118-563(d). This clarifies and confirms
standard practice, as the information contained in the building permit application is identical to
that information that would be required on a separate certificate of appropriateness application.
This information is clerical in nature and required solely for record keeping purposes. More
importantly, the application form, in no way, impacts the substantive review of the certificate of
appropriateness (i.e., the actual architectural plans and exhibits that clearly show the nature of
the exterior modifications and improvements).
Administrative Level COA Appeal Clarification
As part of the Planning Department's review of building permit applications, the approval of a
Certificate of Appropriateness (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 Historic Preservation Board
(HPB)or by staff. The HPB's jurisdiction is limited to the exterior components of the building or
structure and public interior spaces.
The staff of the HPB is authorized to review COA applications for minor repairs, demolition,
alterations, and improvements pursuant to the requirements set forth in Section 118-563(d) of
the LDR's. For reference purposes,the following is the verbatim text from Section 118-563(d):
Page 1064 of 1735
Notwithstanding subsections 118-563(a) through (c) above, all applications for certificates of
appropriateness involving minor repairs, demolition, alterations and improvements (as
defined below and by additional design guidelines to be adopted by the board in
consultation with the planning director or designee) shall be reviewed by the staff of the
board. The staff shall approve, approve with conditions, or deny a certificate of
appropriateness or a certificate to dig after the date of receipt of a completed application.
Such minor repairs, alterations and improvements include the following:
(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.
In 2015, Section 118-9 of the LDR's was created (Ordinance 2015-3977) to consolidate all
procedures regarding appeals and re-hearings of land use matters into one section of the City
Code. At this time, appeals of administrative decisions related to Subsection 118-563(d),
pertaining to administrative level COA, were under the jurisdiction of the HPB. Additionally,
appeals of administrative decisions to the Board of Adjustment (BOA) were specific to formal
administrative determinations, and not to an appeal of an administrative COA. Also, under
Ordinance 2015-3977 the appeal period pursuant to Subsection 118-563(d) increased from 5
days to 15 days.
Page 1065 of 1735
In 2017, Section 118-9 was amended (Ordinance 2017-4083) to address a separate conflict
with the Related Special Acts, which requires all administrative appeals, regardless of the LDR
subsection, to be heard by the BOA. In this regard, appeals of administrative decisions related
to Subsection 118-563(d)were moved from the jurisdiction of the HPB to the jurisdiction of the
BOA, and the appeal timeframe was increased from 15 days to 30 days. However, this transfer
of appeal jurisdiction did not clarify or establish publishing requirements or appeal dates for
administrative level COA decisions. As such, the date of issuance of the building permit has
been used as the date by which the 30-day appeal period commences.
The proposed amendment to Section 118-9 provides a clear distinction between appeals of
formal administrative determinations and those approvals issued pursuant to Subsection 118-
563(d). The proposed modifications to Section.118-9 also corrects the unintended lack of clarity
currently existing due to the significant modifications made in 2017.
It is important to note that due to the sheer volume of administrative level COA applications, as
well as the limited nature of the work that is eligible for administrative review, the date of the
issuance of the building permit has always been used as the timeframe for which an appeal of
an administrative decision can be filed. This is important as a determination of timeliness for any
appeal must be uniform.
Finally, the process for administrative level review of certificates of appropriateness has been
carefully combined and coordinated with the review of building permits due to the sheer number
of applications reviewed by Planning Department staff. The tight limits on the types of projects
that are eligible for administrative level review, as more specifically noted in Section 118-563(d),
were established to ensure that they are improvements that have minimal impact on the site and
surrounding area. The current review process strikes a very careful balance between ensuring
participation by affected parties and having an efficient permit review process.
As noted in the background section, the OIG has recommended revised procedures regarding
the posting of decisions pertaining to administrative level certificates of appropriateness.
However, any potential Code amendments that expand the regulatory process pertaining to
administrative approvals will need a fiscal impact evaluation, as well as an analysis of the
impacts on the overall building permit review process. Given the current number of permit
applications subject to administrative certificate of appropriateness review, per year,the process
currently in place provides a careful balance between thoroughly reviewing plans and allowing
for a reasonable permit timeframe.
In conclusion, when the rules and regulations governing the process by which buildings are
renovated become onerous, it can have the effect of discouraging much needed renovations
and restorations. Indeed, the goal of historic districts is to incentivize and encourage the
restoration and renovation of contributing properties and buildings' within a given district.
Attached are examples of completed projects where the certificate of appropriateness was
reviewed and approved pursuant to Section 118-563(d). Given the challenges the City is facing
regarding flooding, climate change and the condition of older buildings, a careful balance must
continue to be achieved to ensure an equitable process for minor, historic renovations and
restoration projects.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on February 22, 2022, and transmitted the Ordinance
Page 1066 of 1735
to the City Commission with a favorable recommendation by a vote of 7-0. The Planning Board
also recommended the following, with regard to noticing of certificates of appropriateness
approved pursuant to Section 118-563(d):
1. The property shall be posted, by the project applicant, 15 days prior to the issuance of a
building permit. The City shall provide the posting notice, and the applicant shall substantiate the
posting has been effectuated on site.
2. The City should explore integrating the residents right to know platform with Energov, so that
approvals of administrative level certificates of appropriateness can be e-mailed to residents of
a particular area who elect to opt in to such notifications.
The proposal for posting sites, while workable from a sequencing standpoint, would create
additional layers of process. In this regard, staff would need to separate those items that are
subject to COA review pursuant to Section 118-563(d)and create a posting notification once all
disciplines have approved he permit. Prior to the actual issuance of the permit, the applicant
would be required to post the property, and wait 15 days for the permit to be issued (assuming
no appeal of the COA is filed).
In addition to increasing the timeframe for obtaining the applicable permit, this option would also
impact the review time of other permits by Planning staff, as additional time would need to be
dedicated to the posting process. The Planning Department reviews a large number of these
types of permits on a yearly basis. If the City Commission is interested in exploring this option,
the Administration recommends that it be done as part of a separate referral, so that a more
detailed evaluation of the process, and its impacts,can be undertaken.
The proposed integration of the residents right to know platform with Energov would take some
time and effort, as well as engaging the vendor. If the City Commission is interested in this
option, the IT and Planning Departments would need to engage the vendor(Tyler)to ascertain
what would be required, as well as determine the fiscal and budget implications.Additionally,this
option could result in residents who opt in potentially getting a large number of e-mails related to
the issuance of administrative level permits.
UPDATE
On March 9, 2022, the City Commission approved the subject Ordinance at First Reading,
including a waiver of the applicable fees in section 118-7 and Appendix A.Additionally, the City
Commission requested that the recommendations of the Planning Board be incorporated. In
this regard, the following is noted:
Posting of Properties
The revised Ordinance for Second Reading has been updated to include a posting requirement
for applicable certificates of appropriateness reviewed in accordance with Section 118-563(d).
In this regard, except for awnings, canopies, exterior surface colors, storm shutters and signs,
certificates of appropriateness reviewed under Section 118-563(d) would require a posting of
the property prior to the issuance of a building permit.
The posting would be effectuated by the project applicant, and located at the front of the
property, in a manner and location clearly visible from the public right-of-way. The posting would
indicate that an application for a certificate of appropriateness-has been filed. Additionally, the
Page 1067 of 1735
posting would be for informational purposes only and would not be considered a form of notice.
Online Access to Certificates of Appropriateness
The Planning and IT Departments have been working diligently on a platform to be located on
the City's website that would provide a report of building permits and applicable certificates of
appropriateness 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.
The Administration is still exploring the feasibility of integrating the residents right to know portal
with this City web-based report. Such an integration would take some time and effort, as well as
engaging the vendor (Tyler Technologies). The IT and Planning Departments will provide a
more detailed update regarding this initiative at the public hearing, and we may need to engage
the vendor to ascertain what would be required, as well as determine the fiscal and budget
implications.Additionally, as indicated previously, this option could result in residents who opt in
potentially getting a large number of e-mails related to the issuance of administrative level
permits._
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SUPPORTING SURVEY DATA
Improve the Permit Review Process
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
The Administration recommends the following:
1. The City Commission adopt the subject Ordinance.
•
2. The City Commission direct the Administration to further develop the web-based report for
building permits and applicable certificates of appropriateness, including a potential integration
with the residents right to know portal, and provide updates via LTC.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
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Legislative Tracking
Planning
Sponsor
City Manager
Page 1068 of 1735
ATTACHMENTS:
Description
Q COA Examples
D Ordinance
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