Ord. No. 12-93-1540ORDINANCE NO.12-93-1540
AN ORDINANCE OP THE MAYORAND CITY COMMISSION OF THE
CITYOPSOUTHMIAMI,FLORIDA,AMENDING CHAPTER18OF
THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI,
FLORIDA AUTHORIZING AD VALOREM TAX EXEMPTIONS FOR
HISTORIC PROPERTIES;ESTABLISHING REQUIREMENTS AND
PROCEDURES;DESIGNATING THE CITY OF SOUTH MIAMI
ENVIRONMENTAL REVIEW AND PRESERVATION BOARD TO REVIEW
AND REPORT ON APPLICATIONS;ESTABLISHING PENALTIES;
PROVIDING FOR SEVERABILITY;ORDINANCES IN CONFLICT;
INCLUSION IN THE CODE;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the citizens of Florida have amended the Florida
Constitution to authorize counties and municipalities toallov
certain tax exemptions for historic properties,Article VII,
section 3(e),Fla.Const.,and;
WHEREAS,the Florida legislature has enacted section
196.1997 and 196.1998,Fla.Stat.,togoverntheallowanceof
such exemptions;
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Chapter 18of the Code of Ordinances of the
CityofSouth Miami,Florida,be,and hereby is,amendedtoadd
the following Article III:
ARTICLE III.TAX EXEMPTIONS FOR HISTORIC PROPERTIES.
Sec.18.11 Scope of Tax Exemptions.
AmethodisherebycreatedfortheCityCommissionofSouth
Miami,at its discretion,toallowtaxexemptionsforthe
restoration,renovation,or rehabilitation of historic
properties.Theexemptionshall apply to100percentofthe
assessedvalueofallimprovementstohistoricpropertieswhich
resultfrom restoration,renovation,or rehabilitation madeonor
aftertheeffectivedateofthisOrdinance.Theexemption
applies onlytotaxes levied bytheCityofSouth Miami.The
exemption does notapplyto taxes levied for the payment of bonds
or to taxes authorized bya vote of the electors pursuant to
section9(b)or section 12,Article VIIoftheFlorida
Constitution.The exemption does not applyto personal property.
The exemption under this Ordinance does not apply to properties
within a community redevelopment area previously or hereafter
established pursuant to Part III of Chapter 163,Florida
Statutes,byeitherthe Board ofCountyCommissionersof Dade
County orthe City Commission of South Miami.
Sec.18.12DurationofTax Exemptions.
Any exemption granted under this section to a particular
property shall remain in effect for ten years.The City
Commission of South Miami,Florida shall havethe discretion to
set a lesser term if requested by the property owner in its
original application and covenant.The term of the exemption
shall be specified in the ordinance approving the exemption.The
n^«*}«n 4.S exemption as established in the ordinancegrantingtheexemptionshallcontinueregardlessofanychangein
ineowne«h!ny °l V?Clty t0 grant SUCh •*«Ption.or Y.„y changeinownershipoftheproperty.m order to obtain an exemption,
wh?ohe^J %-i ^iC cnaracter of the property,and improvementswhichqualifiedthepropertyforanexemptionmustbemaintained
was granted ^^°V6r the PSri°d f°r Which the exe*Pti°n
Sec.18.12 Eligible Properties and Improvements.
sectioi)if^r°PertY 1S qualified for an exemption under this
(a)At the time the exemption is granted the property:
(i)Is individually listed in the National Register of
Historic Places pursuant to the National Historic
Preservation Act of 1966,as amended;or
(ii)Is a contributing property to a national-register-
listed district;or
(iii)Is designated as a historic property,or as a
contributing property to a historic district,
under the terms of a local preservation Ordinance;
and '
(b)The City of South Miami Environmental Review and
Preservation Board has certified to the City Commission of
South Miami,Florida that the property for which an
exemption is requested satisfies sub-paragraph (a)
immediately above.
(2)In order for an improvement to a historic property
to qualify the property for an exemption,the improvement
must:
(a)Be consistent with the United States Secretary of
Interior's Standards for Rehabilitation;and
(b)Be determined by the City of South Miami Environmental
Review and Preservation Board to meet criteria established
in rules adopted by the Department of state.
Sec.18.14 Applications.
ta**v!!«J??"0r'firm°r corP°rati°n that desires an ad valoremIIIVLll*11 fcl!?lmProve*ent of a historic property must,inr^Un exemption is desired to take effect,file with the
a fLm0m°nre^^H^STh.!!iami'F1°rida a vritten application on•JrTnclSn ?hi 1d,iby.the.Depart,ient °f State"The ^Plicationmustincludethefollowinginformation:
(1)The name of the property owner and the location of the
historic property;
(2)A description of the improvements to real property for
of cons?ruct^ni0?iS "?—**and the date of commencementorconstructionofsuchimprovements;
Environmo°L^°o^"^faction of the City of South Miami
prooer?v thL *?*?*Preserv*tion Board,that theh?S?n^*.lS t0 be ^habilitated or renovated is ahistoricpropertyunderthissection.
(4)Proof,to the satisfaction of the City of South
Miami Environmental Review and Preservation Board,that the
improvements to the property will be consistent with the
United States Secretary of Interior's Standards for
Rehabilitation and will be made in accordance with
guidelines developed by the Department of State.
(5)Other information identified in appropriate
Department of State regulations,or requested by the City of
South Miami Environmental Review and Preservation Board;and
(6)If the property is within the jurisdiction of the City
of South Miami Environmental Review and Preservation Board,
a completed application fora certificate of appropriate
ness for the qualifying restoration,renovation or
rehabilitation.
Sec.18.15 Required Covenant.
To qualify for an exemption,the property owner must enter
into a covenant or agreement with the City Commission of South
Miami,Florida for the term for which the exemption is granted.
The form ofthe covenant or agreement must be established bythe
Department of State and must require that the character of the
property,and the qualifying improvements to the property,be
maintained during the period that the exemption is granted.The
covenant or agreement shall be binding on the current property
owner,transferees,and their heirs,successors,or assigns.
Violation ofthe covenant or agrement results in the property
owner being subject to the payment of the differences between the
total amount of taxes whichwould have been due in March in each
of the previous years in which the covenant or agreement wasin
effect had the property not received the exemption and the total
amount of taxes actually paid in those years,plus interest on
the difference calculated as provided ins.212.12(3).
Sec.18.16 Review By City of South Miami Environmental Review
and Preservation Board.
The City of South Miami Environmental Review and
Preservation Board,orits successor,is designated to review
applications for exemptions.The City of South Miami
Environmental Review and Preservation Board must recommend that
the City Commission of South Miami,Florida grant or deny the
exemption.Such reviews must be conducted in accordance with
rules adopted by the Department of State.The recommendation,
and the reasons therefor,must be provided to the applicant and
to the City Commission of South Miami,Florida before
consideration ofthe application at an official meeting ofthe
City Commission of South Miami,Florida.
Sec.18.17 ApprovalBy City Commission of South Miami,Florida.
A majority vote of the City Commission of South Miami,
Floridashallbe required toapprovea written application for
exemption.Such exemption shall take effect onthe January 1
following substantial completion ofthe improvement.TheCity
CommissionofSouthMiami,Florida shall includethe following in
theOrdinance approving the written application forexemption:
(1)The name of the owner and the address of the historic
property for which the exemption is granted.
(2)Theperiodoftimeforwhichthe exemption will
remainineffectandtheexpirationdateoftheexemption.
(3)Afindingthatthehistoric property meetsthe
requirements of this section.
Section 2.Ifanysection,clause,sentence,orphraseof
this Ordinance is heldtobeinvalidor unconstitutional byany
courtof competent jurisdiction,then said holding shall inno
way affect the validity ofthe remaining portions ofthis
Ordinance.
Section All Ordinances or parts of Ordinances in
conflict herewith be,andthesame hereby are,repealed.
Section 4.Itisthe intention ofthe City Commission of
SouthMiami,Florida,thatthe provisions of this Ordinance shall
become and be made a part of the Code of the Cityof South Miami,
Florida.Thesectionsofthis Ordinance mayberenumbered or
relettered to accomplish such intention,andtheword "ordinance"
may be changedto "section,""article,"orotherappropriate
word .
Section 5.ThisOrdinanceshalltakeeffect immediately at
the time ofits passage.
PASSED AND ADOPTED this 17 day of August ./1993
APPROVED:
c a j_gjL__/vw -c -z^~*<-v-__
MAYOR
ATTEST/:
CITY^CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY