07-19-05 Item 181927
Date: July 19, 2005
ITEM No. d
Re: City Code Amendment
Tax Exemption for Historic
Properties
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF CHAPTER 18 OF
THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING AD VALOREM TAX EXEMPTIONS FOR IMPROVEMENTS TO
HISTORIC PROPERTIES FOR A PERIOD OF TEN YEARS; ESTABLISHING
REQUIREMENTS AND PROCEDURES; DESIGNATING THE CITY OF SOUTH MIAMI'
HISTORIC PRESERVATION BOARD TO REVIEW AND REPORT ON
APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
In November of 1992 voters in the State of Florida passed an amendment to the State Constitution
which allows a local government to grant historic preservation ad valorem tax exemptions to
owners of historic properties who carry out rehabilitation which meets historic preservation
guidelines. In 1993 the State Legislature followed up that vote with adoption of Fla. Statute
196.1997, entitled "Ad Valorem tax exemptions for historic properties "(Attached). The State
legislation allows local governments to adopt their own ordinances which provide for the tax
exemption. A number of local municipalities as well as Miami -Dade County have adopted
ordinances providing this incentive to their property owners.
The proposed ordinance being presented today is sponsored by the Historic Preservation Board,
which recommended its adoption at its February 28, 2005 meeting. The ordinance was drafted by
the Planning Department and the City Attorney's office.
SUMMARY OF PROPOSED ORDINANCE
The purpose of the ordinance as stated in the WHEREAS clauses is to provide an incentive to
owners of historic buildings to restore and renovate their properties. It is recognized that the cost of
maintaining and rehabilitating historic buildings is greater than those costs associated with non-
City Code amendment
Historic Tax Exemption
Page 2 of 3
historic properties. The ordinance provides that:
(1) The property tax exemption is limited to external renovation or restoration carried out after the
adoption date of the ordinance. It would apply to 100% of the increased assessed value
resulting from the improvements made;
(2)The property tax exemption may last for up to 10 years;
(3)The only properties eligible to apply for the exemption are those listed on the U.S. National
Register of Historic Places or properties which are designated by ordinance as historic sites (or
part of an historic district) by the City of South Miami;
(4) The Historic Preservation Board is designated as the review authority to recommend to the
City Commission upon all applications for tax exemption. The Board must certify that the
external improvements that will be done are consistent with the guidelines established when
the property was designated and appropriate to maintain the historic appearance and
functionality of the historic site;
(5) Any property receiving the tax exemption must submit a covenant agreeing to maintain the
historic character of property during the exemption period;
(6) The City Commission makes the final decision on each application.
IMPACT ON MUNICIPAL REVENUE
A property tax exemption will impact revenue to the City over the 10 year period of any
exemptions granted. The determination of the impact is based upon: (1) will the renovation or
construction be considered by the Tax Assessor to be an improvement to the property significant
enough to increase the property's assessed value; (2) the amount of the increase in assessed value
and; (3) how many historic sites are designated and eligible to submit applications.
The City of South Miami to date has designated three individual sites and an historic district (31
residential homes). Currently three commercial properties are in various stages of historic
designation. Based upon preliminary surveys it can be expected that over the next decade an
additional 30 individual (mostly residential) sites will be designated historic by the City.
A typical renovation improvement to an historic home eligible for tax exemption would be the
addition of a room or a garage at an estimated cost of $25,000. If a tax exemption application was
granted for the City's property tax the actual revenue deferred would be $25,000 x .007213
(millage) _ $180 annually.
A typical renovation improvement to an historic commercial property eligible for tax exemption
would be a major facade renovation at an estimated cost of $100,000. If a tax exemption
application was granted for the City's property tax the actual revenue deferred would be $100,000
x .007213 (millage) _ $721 annually.
City Code amendment
Historic Tax Exemption
Page 3 of 3
The overall tax exemption amounts which could be granted are not significant and would have
minimal impact on the City's budget. However, the exemption could encourage many property
owners to do improvements and to maintain their historic buildings. In addition a property owner
with a City tax exemption is also eligible to request the Board of County Commissioners to exempt
the County's property tax on the increased assessed value.
RECOMMENDATION
It is recommended that the proposed ordinance be adopted on first reading
Attachments:
Proposed Ordinance
Fla State Statute 196.1997
Historic Board Minutes Excerpt 2 -28 -05
Copies of Public Notices
MD/DOD /SAY jQ,-
E: \Comm Items\2005 \7 -19 -05 \Tax Exemption Ord Report.doc
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN
AMENDMENT OF CHAPTER 18 OF THE CODE OF ORDINANCES OF
THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING AD
VALOREM TAX EXEMPTIONS FOR EXTERIOR IMPROVEMENTS TO
HISTORIC PROPERTIES FOR A PERIOD OF 10 YEARS;
ESTABLISHING REQUIREMENTS AND PROCEDURES;
DESIGNATING THE CITY OF SOUTH MIAMI HISTORIC
PRESERVATION BOARD TO REVIEW AND REPORT ON
APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the citizens of Florida have amended the Florida Constitution to
authorize counties and municipalities to allow certain tax exemptions for properties
designated as historic (Florida Constitution, Article VII, Sec. 3(e); and,
WHEREAS, the Florida legislature has enacted Section 196.1997, Florida
Statutes, to govern allowance of the historic preservation tax exemption; and,
WHEREAS, the City Commission of the City of South Miami is committed to
preserving the city's history and supports historic preservation efforts; and,
WHEREAS, the Comprehensive Plan of the City of South Miami, requires that
the City "review all new development proposals to assure preservation of the City's
limited historic resources "; and,
WHEREAS, the repair, rehabilitation and maintenance costs of an historic
property may be greater than those costs associated with the maintenance of a non-
historic property; and,
WHEREAS, the City Commission seeks to provide an incentive to the owners of
historic properties by creating a partial ad valorem tax credit for owner's of historic
properties that engage in restoration, renovation and rehabilitation of their properties;
and,
WHEREAS, the City of South Miami Historic Preservation Board at its meeting
on February 28, 2005 voted 6 ,ayes 0 nays to recommend approval of a program to
exempt the payment of municipal ad valorem taxes on additional assessed value resulting
from the exterior renovation and rehabilitation of historically designated properties; and,
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2 (2)
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4 WHEREAS, the Mayor and City Commission desire to accept the
5 recommendation of the Historic Preservation Board.
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7 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
8 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
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10 Section 1. Chapter 18 of the Code of Ordinances of the City of South Miami,
11 Florida, is hereby amended, as follows:
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13 ARTICLE III. TAX EXEMPTIONS FOR HISTORIC PROPERTIES
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15 Sec. 18.10 Scope of Tax Exemption
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17 A method is hereby created for the City Commission of South Miami, at its
18 discretion, to allow ad valorem tax exemptions for properties which it has designated as
19 historic in order to encourage property owners to have their properties so designated and
20 to help offset the costs associated with maintaining historic properties. The tax exemption
21 shall apply to no more than 100 percent of the assessed value of all improvements to
22 historic properties located within the city which result from the exterior restoration,
23 renovation, or rehabilitation made on or after the effective date of this ordinance. The tax
24 exemption applies only to taxes levied by the City of South Miami. The tax exemption
25 does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote
26 of the electors pursuant to section 9(b) or Section 12, Article VII of the Florida
27 Constitution. The tax exemption does not apply to personal property.
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29 Sec. 18.11 Duration of Tax Reductions
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31 (a) Any ad valorem tax exemption granted under this chapter, for a particular property
32 shall remain in effect for up to 10 years as long as the property retains its historic
33 designation, for such lesser term if requested by the property owner, or as
34 mandated by the City Commission. The duration of the tax reduction, shall
35 continue regardless of any change in the authority of the city to grant such tax
36 exemptions or any change in ownership of the property. In order for the property
37 to retain its tax exemption, however, the historic designation and improvements to
38 the property must be maintained over the period for which the tax exemption was
39 granted.
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41 Sec. 18.11 Eligible Properties and Improvements
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(3)
(1) Property is qualified for the ad valorem tax exemption under this chapter if:
(a) At the time the ad valorem tax 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 within a National- Register - listed
district; or
(iii) Is designated as a historic property, or as a contributing
property in a local historic district, under the terms of the
South Miami Historic Preservation ordinance as enacted by
the City Commission; and;
(b) In order for an improvement to an historic property to qualify for the
ad valorem tax exemption, the improvement must be:
(i) Consistent with the United States Secretary of the Interior's
Standards for Rehabilitation and the design review guidelines established
for the property in the adopted Designation Report;
(ii) Determined by the South Miami Historic Preservation Board
that the improvement is appropriate to maintain the historic appearance,
compatibility, and functionality of the structure, as evident by the issuance
of a Certificate of Appropriateness;
(iii) Determined by the South Miami Historic Preservation Board
to meet the criteria established in rules adopted by the Florida Department
of State; and
(b) The City of South Miami Historic Preservation Board has certified to the City
Commission of South Miami, Florida than the property for which a ad valorem tax
exemption is requested satisfies sub - paragraphs (a) and (b) above.
Sec. 18.12 Applications
Any person, firm or corporation that desires an ad valorem tax exemption for
improvements to an historic property must, in the year the reduction is desired to take
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(4)
effect, file with the Historic Preservation Board a written application on a form approved
by the Florida Department of State. The application must include the following
information:
(1) The name of the property owner and the location of the historic property;
(2) A description of the exterior improvements to the historic property for
which a tax exemption is requested and the date of commencement of
construction of such improvements;
(3) Proof, to the satisfaction of the South Miami Historic Preservation Board
that the property that is to be rehabilitation or renovated is a historic
property;
(4) Proof, to the satisfaction of the South Miami Historic Preservation Board
that the improvements to the property will be consistent with section 18-
11(b); and
(5) Other information deemed necessary by the Department of State.
The application form must be approved by the Department of State prior to
issuance.
Sec. 18.13 Required Covenant
To qualify for an ad valorem tax exemption, the property owner must enter into a
covenant or agreement with the City Commission for the term for which the tax
exemption is granted. The form of the covenant or agreement must be approved by the
Department of State and further approved by the City Attorney. Moreover, it shall
require that the historic character of the property be maintained for the period that the tax
exemption is granted. The covenant or agreement shall be binding on the current
property owner, transferees, and their heirs, successors, or assigns. Violation of the
covenant or agreement results in the current property owner being subject to the payment
of the differences between the total amount of taxes which would have been due in
March in each of the previous years in which the covenant or agreement was in effect had
the property not received the tax exemption and the total amount of taxes actually paid in
those years, plus interest on the difference calculated as provided in s. 212.12(3), Florida
Statutes.
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2 (5)
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4 Sec. 18.14 Review by the City of South Miami Historic Preservation Board.
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6 The City of South Miami Historic Preservation Board, is designated to review
7 applications for ad valorem tax exemptions and shall provide a written recommendation
8 to grant or deny the tax exemption to the City Commission. The written
9 recommendation, and the reasons therefor, must be provided to the applicant and to the
10 City Commission before the City Commission can consider the application during an
11 official meeting. The South Miami Historic Preservation Board's review must be
12 conducted in accordance with the rules adopted by the Department of State. Moreover,
13 the board must be approved and certified by the Florida Department of State.
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15 Sec. 18.15 Approval by City Commission of South Miami, Florida.
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17 A written application for ad valorem tax exemption must be approved by an affirmative
18 simple majority vote of the City Commission of South Miami, Florida. The approved ad
19 valorem tax exemption shall take effect on the January l st following the substantial
20 completion of the improvement. The resolution approving the written application for ad
21 valorem tax exemption shall include the following:
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23 (1) The name of the owner and address of the historic property for
24 which the tax exemption is granted.
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26 (2) A finding that the historic property meets the requirements of this
27 Article III.
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29 (3) The period of time for which the tax exemption shall remain in effect and
30 the expiration date of the tax exemption.
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32 The City Commission shall deliver a copy of each approved application for a
33 historic preservation ad valorem tax exemption to the property appraiser of Miami -Dade
34 County. Upon certification of the assessment roll, or recertification, if applicable,
35 pursuant to section 193.122, Florida Statutes for each fiscal year during which the
36 ordinance is in effect, the property appraiser shall report the following information to the
37 local governing body:
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39 (a) The total taxable value of all property within the county or municipality for
40 the current fiscal year.
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(6)
(b) The total exempted value of all property in the county or municipality
which has been approved to receive historic preservation ad valorem tax
exemption for the current fiscal year.
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 4. Any sections or parts of sections of this Ordinance may be
renumbered and/or combined with other sections or parts of sections of the South Miami
Code of ordinances and any amendments thereto, as is necessary to ensure the continuity
and consistency within and between the various sections of the South Miami Code of
Ordinances.
Section 5. This ordinance shall take effect immediately at the time of its
passage.
PASSED AND ADOPTED this day of 12005.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
MAYOR
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Birts- Cooper:
Commissioner Sherar:
Commissioner Wiscombe:
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Select Year:
The 2004 Florida Statutes
Title XIV Chapter 196 View Entire Chapter
TAXATION AND FINANCE EXEMPTION
196.1997 Ad valorem tax exemptions for historic properties. --
1 Wr'V 1 - Z
(1) The board of county commissioners of any county or the governing authority of any municipality may adopt an
ordinance to allow ad valorem tax exemptions under s. 3, Art. VII of the State Constitution to historic properties if the
owners are engaging in the restoration, rehabilitation, or renovation of such properties in accordance with guidelines
established in this section.
(2) The board of county commissioners or the governing authority of the municipality by ordinance may authorize
the exemption from ad valorem taxation of up to 100 percent of the assessed value of all improvements to historic
properties which result from the restoration, renovation, or rehabilitation of such properties. The exemption applies
only to improvements to real property. In order for the property to qualify for the exemption, any such improvements
must be made on or after the day the ordinance authorizing ad valorem tax exemption for historic properties is
adopted.
(3) The ordinance shall designate the type and location of historic property for which exemptions may be granted,
which may include any property meeting the provisions of subsection (11), which property may be further required to
be located within a particular geographic area or areas of the county or municipality.
(4) The ordinance must specify that such exemptions shall apply only to taxes levied by the unit of government
granting the exemption. The exemptions do not apply, however, to taxes levied for the payment of bonds or to taxes
authorized by a vote of the electors pursuant to s. 9(b) or s. 12, Art. VII of the State Constitution.
(5) The ordinance must specify that any exemption granted remains in effect for up to 10 years with respect to any
particular property, regardless of any change in the authority of the county or municipality to grant such exemptions
or any change in ownership of the property. In order to retain the exemption, however, the historic character of the
property, and improvements which qualified the property for an exemption, must be maintained over the period for
which the exemption is granted.
(6) The ordinance shall designate either a local historic preservation office or the Division of Historical Resources of
the Department of State to review applications for exemptions. The local historic preservation office or the division,
whichever is applicable, must recommend that the board of county commissioners or the governing authority of the
municipality 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
governing entity before consideration of the application at an official meeting of the governing entity. For the
purposes of this section, local historic preservation offices must be approved and certified by the Department of
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State.
(7) To qualify for an exemption, the property owner must enter into a covenant or agreement with the governing
body for the term for which the exemption is granted. The form of the covenant or agreement must be established
by the 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 of the covenant
or agreement results in the property owner being subject to the payment of the differences between the total amount
of taxes which would have been due in March in each of the previous years in which the covenant or agreement
was in 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 in s. 212.12(3).
(8) Any person, firm, or corporation that desires an ad valorem tax exemption for the improvement of a historic
property must, in the year the exemption is desired to take effect, file with the board of county commissioners or the
governing authority of the municipality a written application on a form prescribed by the Department of State. The
application must include the following information:
(a) The name of the property owner and the location of the historic property.
(b) A description of the improvements to real property for which an exemption is requested and the date of
commencement of construction of such improvements.
(c) Proof, to the satisfaction of the designated local historic preservation office or the Division of Historical
Resources, whichever is applicable, that the property that is to be rehabilitated or renovated is a historic property
under this section.
(d) Proof, to the satisfaction of the designated local historic preservation office or the Division of Historical
Resources, whichever is applicable, 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.
(e) Other information deemed necessary by the Department of State.
(9) The board of county commissioners or the governing authority of the municipality shall deliver a copy of each
application for a historic preservation ad valorem tax exemption to the property appraiser of the county. Upon
certification of the assessment roll, or recertification, if applicable, pursuant to s. 193.122, for each fiscal year during
which the ordinance is in effect, the property appraiser shall report the following information to the local governing
body:
(a) The total taxable value of all property within the county or municipality for the current fiscal year.
(b) The total exempted value of all property in the county or municipality which has been approved to receive
historic preservation ad valorem tax exemption for the current fiscal year.
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(10) A majority vote of the board of county commissioners of the county or of the governing authority of the
municipality shall be required to approve a written application for exemption. Such exemption shall take effect on the
January 1 following substantial completion of the improvement. The board of county commissioners or the
governing authority of a municipality shall include the following in the resolution or ordinance approving the written
application for exemption:
(a) The name of the owner and the address of the historic property for which the exemption is granted.
(b) The period of time for which the exemption will remain in effect and the expiration date of the exemption.
(c) A finding that the historic property meets the requirements of this section.
(11) Property is qualified for an exemption under this section if:
(a) At the time the exemption is granted, the property:
1. Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act
of 1966, as amended; or
2. Is a contributing property to a national- register - listed district; or
3. 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 local historic preservation office or the Division of Historical Resources, whichever is applicable, has
certified to the local governing authority that the property for which an exemption is requested satisfies paragraph
(a)•
(12) 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.
(b) Be determined by the Division of Historical Resources or the local historic preservation office, whichever is
applicable, to meet criteria established in rules adopted by the Department of State.
(13) The Department of State shall adopt rules as provided in chapter 120 for the implementation of this section.
These rules must specify the criteria for determining whether a property is eligible for exemption; guidelines to
determine improvements to historic properties which qualify the property for an exemption; criteria for the review of
applications for exemptions; procedures for the cancellation of exemptions for violations to the agreement required
by subsection (7); the manner in which local historic preservation offices may be certified as qualified to review
applications; and other requirements necessary to implement this section.
History. - -s. 1, ch. 92 -159.
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CITY OF SOUTH MIAMI
HISTORIC PRESERVATION BOARD
REGULAR MEETING SUMMARY MINUTES
MONDAY, FEBRUARY 289 2005
City, Commission Chambers 4:00 PM
EXCERPT
I. Call to order
Action: Ms. Redding called the meeting to order at 4:15 p.m.
II. Roll call
Roll call was performed. Board members present constituting a quorum: Ms. Redding,
Ms. Lahiff, Ms. Clyatt, Ms. bison, Mr. Deen, and Ms. Chael.
Board members absent: Mr. Kurtzman
City staff present: R. Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning
Consultant), and Patricia E. Lauderman (Board Secretary).
III. Legislation
Review of proposed City Of South Miami Ordinance pertaining to tax exemption for Historic
Properties.
Action: The Board and staff addressed the terms of the proposed tax exemption ordinance. Mr.
O'Donniley expressed to the Board that the tax reduction ordinance would be applicable to
improvements that contribute to maintaining the property historic. Additionally, he
recommended specifying in the ordinance that any tax exemption should be only for fagade
(exterior) improvements. The Board discussed the ordinance and directed staff to clarify in the
ordinance that only exterior improvements are applicable to tax reductions.
Motion: Ms. Redding moved to amend the ordinance by having staff create a clearer definition
of what improvements are eligible for tax exemption. Ms. Clyatt seconded the motion.
Vote: Approved 6 Opposed 0
Motion: Ms. Redding moved to endorse the amended ordinance and recommend to City
Commission the amended ordinance. Ms. Lahiff seconded the motion.
Vote: Approved 6 Opposed 0