HomeMy WebLinkAbout774-01 Create Historical Preservation Board – Regulate Preservation/grants •
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ORDINANCE NO.: 774-01 (:; v;\
AN ORDINANCE OF THE CITY OF g :`�
ZEPHYRHILLS, FLORIDA, A MUNICIPAL
CORPORATION, ESTABLISHING A :_,
HISTORICAL, CULTURAL, ARCHITECTURAL,
AESTHETIC AND ARCHITECTURAL HERITAGE 1
AND PROVIDING FOR PURPOSE; SCOPE OF ` 6
• REGULATION; DEFINITIONS; CREATION OF ��
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HISTORIC PRESERVATION BOARD; =_° •
• DESIGNATION OF PROCESS AND PROCEDURE;
CERTIFICATE OF APPROPRIATENESS IN
CERTAIN SITUATIONS; SEVERABILITY AND AN
EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, that
it is hereby declared as a matter of public policy that the historical, cultural,
archaeological, aesthetic, and architectural heritage of Zephyrhills are among the most
valued and important assets and that the preservation of this heritage is essential to the
promotion of the health, prosperity, education, understanding and appreciation of
historical properties as well as the general welfare of the people. Therefore, this
Ordinance is intended to:
A. Provide for the identification, designation, protection, preservation and
rehabilitation of historic properties and historic districts which represent
distinctive elements of the City's history and to participate in federal and state
programs to do the same; and
B. Stimulate revitalization of the business districts and historic neighborhoods and
to protect and enhance local historical attractions to tourists and thereby promote
and stimulate business through a democratic process; and
C. Enhance the opportunities for federal, state and local tax benefits under relevant
provisions of federal, state and local law; and
D. Foster civic pride in the accomplishments of the past.
E. Stabilize and improve property values, and enhance the property tax base of the
City of Zephyrhills, by encouraging improvement of designated historic properties and
historic districts;
F. Provide a review process for the continued preservation and appropriate
development of the City's resources.
SECTION II
Scope of Regulation
This Ordinance is intended to and shall govern and be applicable to all property
located in the City of Zephyrhills. In all zoning districts within the boundaries of a
designated Historic Property or Historic District, the regulations for both the zoning
' Record and Return to:
City Clerk's Office
5335 8th Street ,
Zephyrhills, FL 33540
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district and the designation shall apply. Whenever there is conflict between the
regulations of the zoning district and the regulations of the designation, the more
restrictive shall apply.
SECTION HI
Definitions
A. Certified Local Government.
A government meeting the requirements of the National Historic Preservation Act
of 1966, as amended, and the implementing regulations of the U.S. Department of the
Interior and the State of Florida.
B. Certificate of Appropriateness.
A document evidencing approval by the Historic Preservation Board of an
application to make a material change in the appearance of a designated Historic
Property or of a property located within a designated Historic District.
C. Contributing Resource.
A building, structure, site, or object which is at least 50 years old and which is
located within the boundaries of a designated Historic District or Historic Property and
which contributes to the historic or architectural character of the property or district.
D. Demolition.
An act or process that destroys or razes in whole or in part a resource or
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permanently impairsits structural integrity.
E. Exterior Architectural Features.
The architectural style, general design and arrangement of the exterior of a
building or other structure, including but not limited to the building material and type,
style and material of windows, doors, signs and other appurtenant architectural fixtures,
features, details or elements relative to the foregoing.
F. Florida Conference of Preservation Boards and Commissions.
A coalition of Florida historic preservation boards and commissions. Formed
under the auspices of the Florida Trust for Historic Preservation, its primary functions
are to educate preservation commission members and to enable commissions to share
ideas.
G. Historic District.
A geographically definable area designated by the Board as a Historic District
pursuant to the criteria established in Section V of this Ordinance.
H. Historic Property.
Means an individual building, structure, site or object including the adjacent area
necessary for the proper appreciation thereof designated by the Board as a historic
property pursuant to the criteria established in Section V of this Ordinance.
L Historic Survey(s)
Comprehensive surveys conducted by historic preservation professional including
the identification, research, and documentation of buildings, structures, sites and objects
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of historical, cultural, archaeological or architectural importance in the City of
Zephyrhills.
J. Local Register of Historic Places
A listing of buildings, structures, sites, objects and districts that have attached a
level of local, state, or national historical and architectural significance.
K. Material Change
Means a change in appearance that will affect either the exterior architectural of
a designated Historic Property or resource located within a designated Historic District,
such as:
1. A reconstruction or alteration of the size, shape or façade including
additions, relocation of any doors or windows, or removal, obscuring or
alteration of any architectural features, details or elements (excluding
exterior paint and colors);
2. A Demolition or relocation
3. A New construction
L. Ordinary Repairs or Maintenance
Any work for which a building permit is not required by law where the purpose
and effect of such work is to correct any deterioration or decay of or damage to a
resource or any part thereof and to restore the same, as nearly as may be practicable, to
its conditions prior to the occurrence of such deterioration, decay or damage
M. National Register of Historic Places
A United States Department of the Interior listing of buildings, sites, structures,
objects, and districts that have attained a quality of significance and integrity as
determined by the National Historic Preservation Act of 1966, as amended.
N. Non-Contributing Resource
A building, structure, site, or object which is not 50 years old and which is
located within the boundaries of a designated Historic District or Historic Propertybut
does not contribute to the historic or architectural character of the property or district.
O. Secretary of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings
A federal document stating standards and guidelines for the appropriate
rehabilitation and preservation of historic buildings.
P. State Historic Preservation Officer
The official designated to administer the state historic preservation program
established for purpose of carrying out the provisions of the National Historic
Preservation Act of 1966, as amended.
Q. Undue Economic Hardship
Any action taken or desired under Section VI of this Ordinance which would
place an onerous and excessive financial burden upon an owner that would amount to the
taking of the owner's property without just compensation.
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SECTION IV
Creation of a Historic Preservation Board
A. Creation of the Board.
There is hereby created a Board whose title shall be the "Zephyrhills Preservation
Board" (hereinafter "Board"). The Board is hereby vested with the power,
authority and jurisdiction to designate, regulate and administer historical,
archaeological and architectural resources in Zephyrhills, as herein prescribed
under the direct jurisdiction and legislative control of the City Council.
B. Board Position within the City of Zephyrhills.
The Board shall be part of the planning functions of the City of Zephyrhills.
C. Board Membership.
The Board shall consist of five (5) members. Each City Council Member shall
have the authority to appoint one (1) member of his choosing to the Board.
Members shall serve without compensation, but shall be reimbursed for actual
expenses.
D. Qualifications.
Members of the Board shall be residents of the City and shall have knowledge of
historical or architectural development within the City, or have a deep concern
for preservation, development and enhancement of the historical resources of the
City. To the extent available in the community, the City Council shall appoint
professional members from the disciplines of architecture, history, architectural
history, planning, art history, archaeology, real estate, building construction, or
other historic preservation related disciplines. Lay person who have
demonstrated special interest, experience or knowledge in history, architecture
or related disciplines shall make up the balance of the Board.
E. Terms of Office.
Members shall serve (3) three-year terms. In order to achieve staggered terms,
initial appointments shall be: two (2) members for two (2) years; and three (3)
members for three(3)years. Members may be re-appointed on the expiration of
their term. Members shall continue in office until the appointment of a successor.
Members appointed to fill a vacancy shall serve the remainder of the unexpired
term.
F. Officers.
Members of the Board shall elect officers from among the members to serve as
Chairman and Vice Chairman for a period of one year, with election of officers
being held at the first regular meeting of the year.
G. Vacancies.
Vacancies on the Board caused by the expiration of a term, resignation, removal,
death, or permanent absence from the City, or by incapacity of a member, shall
be filled by appointment within 60 days. An extension of up to an additional 60
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days can be requested by a written request from the Board to the State Historic
Preservation Officer.
H. Removal.
Members may be removed from the Board only by a four-fifths (4/5) vote of the
entire membership of the City Council; however, whenever a member of the
Board shall fail to attend 2 of 3 consecutive meetings, without cause and without
prior approval of the Chairman, the Board shall declare the member's office
vacant, and petition the City Council for the appointment of a new member to fill
the vacancy.
Rules of Procedure.
The Board shall make and prescribe such rules and regulations reasonably
necessary and appropriate for the proper administration and enforcement of the
provisions of this Ordinance. Such rules and regulations shall conform to the
provisions of this Ordinance and shall govern and control procedures, hearings
and actions of the Board. No such rules and regulations shall become effective
until a public hearing has been held upon the proposed rules and regulations by
the Board, and the same has been approved by the City Council and filed with the
City Clerk. Amendments shall be adopted in a like manner. Upon approval by
the Council, such rules and regulations shall have the full force and effect of law
within Zephyrhills.
J. Meetings.
The Board may meet biweekly but shall meet at least four (4) times per year.
The Board may also hold special meetings as the Board may determine. All
meetings of the Board shall be open to the public, and minutes of each meeting
shall be kept and made available to the public. No official action may be taken
at any special meeting unless a majority of all members concur. Notice of
meetings shall be publicly announced and have a previously advertised agenda.
Three members shall constitute a quorum for the purposes of meetings and
transacting business. No recommendations or formal action of the Board shall
be taken without a majority vote of those voting and without the concurrence of
at least two (2)members. Failure to receive a majority vote of those voting and
at least two (2) affirmative votes shall act as a denial by the Board.
K. Staff and Personnel.
The City shall provide the Board with staff sufficient to undertake the
requirements for certification of the State of Florida to carry out the duties and
responsibilities delegated to Certified Local Governments, and the requirements
of this ordinance. The city attorney shall serve as legal counsel to the Board in
all matters.
L. Powers and Duties of the Board.
It shall be the responsibility of the Board to:
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1. Conduct an ongoing historic survey and inventory of historically,
culturally, archaeological or architecturally significant resources within the City
and to plan for their preservation;
2. Designate to the City Council specific buildings, structures, sites, objects
or districts to be designated by this Ordinance as Historic Properties or Historic
Districts and listed on the Local Register of Historic Places;
3. Develop and publish design guidelines with periodic review and update.
These guidelines shall include the Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings;
4. Review applications for Certificate(s) of Appropriateness and grant
or deny same in accordance with the provisions of this Ordinance;
5. Conduct educational programs on historic properties located in
Zephyrhills and on general historic preservation activities;
6. Advise and assist property owners and other persons and groups or
organizations on physical and financial aspects of preservation, renovation, rehabilitation
of historic and cultural resources, and to advise and assist property owners in securing
available grant funding, and in obtaining federal and state tax incentives;
7. Cooperate with and advise local, state and federal government concerning
the effects of local government actions on historic and cultural resources.
8. Undertake the requirements for certification of the local preservation
program by the State Historic Preservation Officer.
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9. Work with the State Historic Preservation Officer on location
nominations to the National Register of Historic Places pursuant to the Certified Local
Government program;
10. Enforce the Ordinance and take appropriate action for noncompliance;
11. Make reasonable effort to attend the State Historic Preservation Office
Orientation Program and subsequent training programs for Certified Local Governments,
and any informational or educational meetings, conferences or workshops pertaining to
work and functions of the Board scheduled by the State Historic Preservation Officer or
the Florida Conference of Preservation Boards and Commissions.
SECTION V
Designation: Process and Procedure
A. Creation of a Local Register of Historic Places.
A Local Register of Historic Places is hereby created as a means of identifying
and classifying various sites, buildings, structures, objects and districts as historic,
archaeological and/or architecturally significant. The Local Register will be kept
by the Board.
B. Criteria.
In order to qualify as a local Historic Property or Historic District, individual
properties or groups of properties must have significant character, interest or
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value as part of the historical, cultural, archaeological, aesthetic, or architectural
heritage of the city, state or nation, and
1. Shall possess adequate integrity of location, design, setting, materials,
workmanship, feeling, and association; and
2. Shall be at least fifty (50)years of age or the majority of its resources be
at least fifty (50) years of age; and
3. Shall meet one or more of the following criteria:
a. associated with events that have made a significant contribution to the
broad patterns of our history; or
b. associated with the lives of persons significant in our past; or
c. embodies the distinctive characteristics of a type, period, or method
of construction; or
d. represents a significant and distinguishable entity whose components
may lack individual distinction; or
e. represents one of the few remaining examples of a past architectural
style, building type, or engineering feature
f. represents the notable work of an architect, landscape architect,
designer or builder, or possesses high artistic value; or
g. has yielded, or may be likely to yield, information important in
prehistory or history; or
h. is determined eligible for or listed in the National Register of
Historic Places.
C. Criteria Considerations.
Certain properties which include cemeteries, birthplaces, properties owned by
religious institutions, or used for religious purposes, structures that have been moved
from their original locations, properties commemorative in nature and properties that
have achieved significance within the last fifty years, will not normally be considered for
designation. However, such properties may qualify if they are integral parts of districts
that do meet the criteria, or if they fall within the following categories:
1. A religious property deriving primary significance from architectural or
artistic distinction of historical importance.
2. A building or structure removed from its location but which is primarily
significant for architectural value, or is the surviving structure most
importantly associated with an historic event or person.
3. A birthplace or grave of a historical figure of outstanding importance if
there is no other appropriate site or building directly associated with
his/her productive life.
4. A cemetery which derives its primary significance from graves of persons
of transcendent importance, from age, distinctive design features, or from
association with historic events.
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5. A property primarily commemorative in intent if design, age, tradition, or
symbolic value has invested it with its own historical significance.
6. A property or district achieving significance within the past fifty years if it
is of exceptional importance.
7. A property listed in the National Register of Historic Places.
D. Designation Procedure.
1. Initiation: Designation of a Historic Property or Historic District which
meet the criteria for designation may be initiated by the Board, or upon
recommendation of its staff, City Council, any private or public
organization in the City, or any City Board. Alternately, owners may
seek designation of their property; or, for districts, owners within the
proposed district may seek designation.
2. Designation of Properties or Districts: The following procedure shall be
used to designate Historic Properties or Historic Districts:
a. The owner of a property, the City Council, any private or public
organization in the City, or any City Board may petition for
designation by completing a nomination form, available from the
Department of Development, and return it to the Board. The
Board may also, upon recommendations from staff or upon its
own initiative, initiate nomination proceedings on its own accord.
Members of the public may recommend sites or districts to the
Board.
b. The Board will conduct a preliminary evaluation of the
information provided on each nomination form to ensure its
conformance with the designation criteria.
c. The Board, through staff, will then prepare a designation report
which will contain the following information:
i. Proposed legal boundaries of the historic property or
district, or archaeological site;
ii. Analysis of the historic, architectural or cultural
significance of the nominated property;
iii. Description of the nominated property including historic
architectural features and nonhistoric alterations,
modifications, and additions;
iv. Sketch of the historic property, site or district, or
archaeological site showing contributing and
noncontributing resources and proposed boundaries;
v. Photographs of the property; and
vi. Name and address of the owners of the nominated
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property and owners of the property adjacent to the
nominated property
• 3. Notification of owner: Where someone other than the property owner
nominates a property or district for designation, the Board will notify the
owner of the Board's intent to designate and mail a copy of the
designation report at least fifteen days prior to a public hearing on the
Board's designation.
4. Notification of City agencies: When a nomination form is filed, the
Board shall notify appropriate building and zoning departments, and any •
other City agency that may be affected by the proposed designation.
5. Public notification of hearing: A public hearing must be held no sooner
than fifteen days, and within sixty days after the filing of a designation
report. Owners of record, and adjacent property owners shall be notified
of the public hearing by certified mail to the party's last known address.
Notice shall also be published at least ten days prior to the hearing in a
newspaper of general circulation within the City. Owners shall be given
an opportunity at the public hearing to object to the proposed
designation. If objecting in writing, a notarized statement must be
submitted at least ten days prior to the nomination being considered at
the public hearing.
6. Public hearing: The Board may present testimony or documentary
evidence of its own or may solicit expert testimony to establish a record
regarding the historical and architectural importance of the proposed
property. The Board shall afford to the owner of the property reasonable
opportunity to present testimony or documentary evidence regarding the
historical and architectural importance of the proposed designation. Any
interested party may present testimony or documentary evidence
regarding the proposed designation at the public hearing, and may submit
to the Board documentary evidence prior to the hearing. The owner of
the property proposed for designation shall be afforded the right of
representation by counsel and reasonable opportunity to cross examine
witnesses presented by others.
7. Temporary delay in permitting for nominated properties: Following the
filing of a nomination form, no new permits shall be issued for any new
construction, alteration, relocation, or demolition of property included in
the nomination. This delay in permitting will remain in effect until the
Board either approves or denies the designation or until six (6) months
have elapsed, whichever shall occur first. No permit shall be issued for
any new construction, alteration, relocation, or demolition of property
included in the nomination unless the Board follows the procedures and
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requirements for a Certificate of Appropriateness and finds that such a
permit may be issued.
8. Prompt decision on designation: After said public hearing, the Board
shall submit a final report on designation within fifteen (15) days
following the public hearing.
9. Appeals: A property owner aggrieved by the designation shall have the
right to appeal the designation to the City Council by filing a written
notice within thirty (30) days with the City Clerk. Within thirty days of
the date of filing the appeal, or the first City Council meeting scheduled,
whichever is latest in time, the City Council shall hear the appeal and
issue a final decision.
10. Removal of designation: Application may be made for the removal of a
property from the Local Register, and the same procedure shall be
employed as in the designation of properties under this section.
11. Notification of Designation: Within thirty (30) days following the
designation, the owners and occupants of each designated Historic
Property or resource located within a designated Historic District, shall
be given written notification of such designation which notice shall
apprise said owners and occupants of the necessity of obtaining a
Certificate of Appropriateness prior to undertaking any material change
to the appearance of the Historic Property or resource within the Historic
District. A notice sent via the United States mail to the last-known
owner of the property shown on the City of Zephyrhills"s tax roll and a
notice sent via United States mail to the address of the property to the
attention of Occupant shall constitute legal notification to the owner and
occupant under this Ordinance.
12. Notification of Other Agencies Regarding Designation: The Council
shall notify all necessary agencies within the City of Zephyrhills of the
Ordinance for designation, including the local historical organization.
13. Recording of Designation: The Board shall provide the Clerk of the
Circuit Court with all designations for the purpose of recording such
designation and the Clerk of the Circuit Court shall thereupon record the
designation according to law.
E. Effects of Designation.
1. Signage: The Board is authorized to issue and place a City approved
standard sign or marker on or near the property indicating that the property has
been so designated.
2. Long-Term Preservation: Upon designation, the Board, with the owner,
may prepare a plan for the long-term preservation of the landmark.
3. Certificate of Appropriateness: Upon designation, the property shall be
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subject to regulation by the Board. A Certificate of Appropriateness issued by
the Board shall be required prior to any alteration, new construction, or
demolition of the property.
4. Incentives: Designated properties shall be eligible for the following
incentives:
a. Designated properties shall be eligible for any financial assistance
set aside for historic preservation projects by the City, the State
of Florida, or the Federal Government, provided they meet the
requirements of those financial assistance programs.
b. The Board shall encourage and assist in the nomination of eligible
income-producing properties to the National Register in order to
make available to those property owners the investment tax credits
for certified rehabilitations pursuant to the Tax Reform Act of
1986 and any other programs offered through the National
Register.
c. Designated properties may be eligible for administrative
variances or other forms of relief from applicable building codes
as follows:
i. Repairs, alterations and additions necessary for
preservation or rehabilitation of designated properties or
continued use of a building may be made without conformance
to the technical requirements of the Standard Building Code
when the proposed work has been issued a Certificate of
Appropriateness by the Board provided that:
a. the restored building will be no more hazardous
based on consideration of life, fire and sanitation safety
than it was in its original condition; and
b. plans and specifications are sealed by a Florida
registered architect or engineer, if required by the building
official.
d. Owners of designated properties which have received a Certificate
of Appropriateness may be eligible for variances involving setbacks, lot
width, depth, area requirements, land development regulations, height
limitations, open space requirements, parking requirements, and other
similar zoning variances not related to a change in use of the property.
Variances will be granted upon a showing that:
i, the variance will be in harmony with the
general appearance and character of the
community; and
ii. the variance will not be injurious to the
public health, safety or welfare.
e. Designated properties may be utilized to satisfy required setbacks,
buffer strips or open space up to the maximum area required by
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development regulations. Conservation of historic, cultural or
archaeological resources shall qualify for any open space requirements
mandated by development regulations.
f. Acreage associated with designated properties preserved within
the boundaries of the project shall be included in calculating the project's
permitted density.
SECTION VI
Certificate of Appropriateness
A. Procedure.
1. When Required: A Certificate of Appropriateness must be obtained
before a person may undertake a material change in exterior appearance to a designated
Historic Property or resource within a designated Historic District, whether or not a
building permit is required for such work.
2. Ordinary Maintenance: If the work constitutes ordinary maintenance or
repair of any exterior architectural feature in or on a historic property to correct
deterioration, decay or damage and that does not involve a material change in design,
material our outer appearance thereof, the work may be done without a Certificate of
Appropriateness.
3. Application: Application for a Certificate of Appropriateness shall be
made to the Building Department on forms obtainable from that office. Drawings,
photographs, plans, and specifications shall show proposed exterior alterations,
additions, changes or new construction in sufficient detail to enable the Board to make
a decision based on the merits of the proposal.
4. Extension of Time: The Board may extend action for a period of up to
thirty (30) additional days. In the case of a demolition application, the Board may
suspend action on it for a period not to exceed 180 days. Construction for which a
Certificate of Appropriateness is issued shall begin within twelve months from the date
of issuance of the Certificate of Appropriateness.
5. Decision of the Board. The Board shall apply the appropriate criteria for
reviewing applications for a Certificate of Appropriateness, and any accompanying
information. After review of the application, the Board shall take one of the following
actions within two weeks from the date a complete application has been filed:
a. grant the Certificate of Appropriateness with an immediate
effective date;
b. grant the Certificate of Appropriateness with special
modifications and conditions;
c. grant the Certificate of Appropriateness with a deferred
effective date, which date shall not exceed six months from the date of
issuance; or
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d. deny the Certificate of Appropriateness. Denial of a Certificate
of Appropriateness will be accompanied by a written statement of the
Board describing the public interest and reasons for the denial.
6. Public Hearing: The Board shall hold a public hearing upon on
application for a Certificate of Appropriateness affecting a property under its control.
This hearing shall take place as for designation of historic properties. Notification of the
applicant and owners of adjacent properties shall occur pursuant to that section.
Additional notice shall be posted in a conspicuous place on the property involved in the
application at least fifteen days prior to the hearing.
7. Demolitions: An applicant wishing to demolish a designated property has
the responsibility of proving that the demolition is necessary and shall present adequate
evidence on the need for demolition. The Board shall take into account the situation and
resources of the applicant in terms of the requirements for information provided by the
applicant, and in the case of economic hardship of an owner-occupied residential
building, may provide assistance in compiling necessary data, should the owner so desire.
a. The applicant shall explore alternatives to demolition and shall
demonstrate this exploration to the Board. These shall include alternative
approaches to land use, relocation of the landmark, and incorporation of
the landmark into proposed redevelopment. The Board may negotiate
with the applicant to see if an alternative can be found. The Board may
also ask interested individuals and organizations for assistance in seeking
an alternative to demolition.
b. The Board shall study the question of economic hardship for
the applicant and shall determine whether the designated landmark can be
put to reasonable beneficial use without the approval of the demolition
application. For income-producing property, the Board shall also
determine whether the applicant can obtain a reasonable rate of return
from the existing property.
8. Economic Hardship: An undue hardship shall not be a situation of the
person's own making or as a result of any failure to maintain the property in good repair.
If the owner claims economic hardship, the Board may or may not require the following
information from the owner before deciding on any application:
a. an estimate of the cost of proposed construction, alteration,
demolition, or removal and an estimate of any additional cost that would
be incurred in order to comply with the recommendation of the Board for
changes necessary for the issuance of a Certificate of Appropriateness.
b. a report from a licensed engineer, contractor or architect with
experience in rehabilitation as to the structural soundness of any
structures on the property and their suitability for rehabilitation.
c. the estimated market value of the property in its current condition;
after completion of the proposed construction, alteration, demolition, or
removal; after any changes recommended by the preservation board; and,
for proposed demolition, after renovation of the existing property for
continued use.
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d. in the case of proposed demolition, an estimate from an
architect, developer, licensed contractor, appraiser, or real estate
consultant as to the economic feasibility of rehabilitation or reuse of
the existing structure on the property.
e. the means by which the property was acquired (whether
purchase, gift, or inheritance), the amount paid for the property and
the date of purchase or acquisition.
For income-producing property, the Board may also require the following
additional information:
f. the annual gross income from the property for the previous
two years; and depreciation deduction and annual cash flow before
and after debt service, if any, during the same period.
g. the remaining balance on any mortgage or other financing
secured by the property and annual debt service, if any, for the
previous two years.
h. all appraisals obtained within the previous two years in connection
with the purchase, financing or ownership of the property.
i. any listing of the property for sale or rent, the price asked, and any
offers received within the previous two years.
j. the assessed value of the property according to the two most
recent assessments.
k. real estate taxes paid no the property for the previous two years.
1. the ownership of the property, whether sole proprietorship, for
profit or not-for-profit corporation, limited partnership, joint
venture or other.
m. any other information, including the income tax bracket of the
owner, applicant, or principal investors in the property, considered
necessary by the Board to determine whether the property does
nor may yield a reasonable return to the owners.
9. Demolition by Government Agencies: Government agencies having the
authority to demolish unsafe buildings shall receive notice of designation of Historic
Properties and Historic Districts. The Board shall be deemed an interested party and
shall be entitled to receive notice of any public hearings conducted by said government
agency regarding demolition of any designated property. 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.
10. Failure to Decide: Failure of the Board to decide on an applied for
Certificate of Appropriateness within the set time limit shall constitute approval of the
application.
11. Required Maintenance: Owners of Historic Properties and contributing_
resources within Historic Districts shall not allow their buildings to deteriorate by failing
to provide ordinary maintenance or repair.
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12. Public Safety Measures and Emergency Measures: No designated
property within a Historic District may be demolished until the Board has been notified
by the responsible building code official that an order for demolition is being prepared
and the Board has had an opportunity to discuss the feasibility of emergency measures
to secure the property. To remedy emergency conditions determined to be imminently
dangerous to life, health, or property, nothing herein shall prevent the making of any
temporary construction, reconstruction, demolition, or other repairs to a property
pursuant to an order of a government agency or a court of competent jurisdiction,
provided that only such work as is reasonably necessary_to correct the hazardous
condition may be carried out. The owner of a designated property damaged by fire or
natural calamity may stabilize the property immediately and all be permitted to
rehabilitate it later under the normal review procedures.
13. Appeals: Persons aggrieved by the decision of the Board granting or
denying a Certificate of Appropriateness may appeal to the City Council within fifteen
days of the written decision of the Board by filing a written notice of appeal to the City
Clerk. Appeals shall be heard by the City Council at its next regular meeting, provided
that at least fifteen days have passed between the filing of the notice of appeal and the
date of the meeting. The City Council shall hear all evidence and testimony placed
before it and shall render its decision promptly. The City Council may affirm, amend
or reverse the decision of the Board. The City Council shall issue a written decision
which shall constitute the final administrative review.
14. Judicial Review: Appeals from the City Council may be made to the
courts as provided by law.
15. Penalties for Noncompliance: Failure by an owner of record or any
individual or private or public entity to comply with any provisions of this section shall
constitute a violation of this section, and shall be punishable by the following:
a. All work performed pursuant to the issuance of a Certificate of
Appropriateness shall conform to the requirements of the Certificate. It
shall be the duty of the City's building department or his designated
representative to inspect, from time to time, any work performed pursuant
to the Certificate, to ensure such compliance. If work performed is not
in accordance with such Certificate, the building official or his designated
representative shall issue a stop work order, and all work shall cease. No
person shall undertaken any work on such project as long as such stop
work order shall continue in effect. All work not in compliance
may be required to be removed, regardless of hardship to the
owner.
b. Any person who violates any provision of this section shall forfeit
and pay to the City civil penalties equal to the fair market value of any
property demolished or destroyed in violation of this section or the costs
to repair or rehabilitate any property that is altered in violation of this
section. In lieu of a monetary penalty, any person altering property in
violation of the provisions of this section may be required to repair or
restore any such property.
_7
16 }i Iti
B. Criteria.
1. In General: Issuance of a Certificate of Appropriateness, except for
demolition of a designated property, shall be guided by the Secretary of the Interior's
Standards for Rehabilitation and the local design guidelines on rehabilitation of historic
properties.
a. The Board shall approve the application and issue a Certificate if
it finds that the proposal material change(s) in the appearance would
not have a substantial adverse effect on the historic or architectural
significance and value of the Historic Property or the Historic District.
In making this determination, the Commission shall consider, in addition
to any other pertinent factors, the historical and architectural value and
significance, architectural style, general design arrangement, texture and
material of the architectural features involves, and the relationship thereof
to the exterior architectural style and historic features of the other
structures in the immediate neighborhood.
b. The Board shall deny a Certificate if it finds that the proposed
material change(s) in appearance would have substantial adverse effects
on the historic or architectural significance and value of the Hi St o r i c
Property or the Historic District.
c. The Board may make approval of a Certificate conditional upon
complying to certain situations which may be listed in the Certificate.
Such stipulations are to be used only to diminish the adverse impact of the
changes in material appearances proposed in the application for a
Certificate.
2. Local Design Guidelines: The Board shall develop and adopt
design review guidelines. These guidelines shall serve as an informational and
educational tool for owners of Historic Properties and properties in Historic Districts,
and shall illustrate, in written and graphic form, the design review criteria, concepts and
ideas by which new construction, alterations, additions, renovations and other
modifications to Historic Properties and properties in Historic Districts will be evaluated.
3. Relocations: If an applicant wishes to move a Historic Property or
resource in a Historic District, the Board shall consider:
a. The contribution the resource makes to its present setting;
b. Whether there are definite plans for the use of the site once
vacated;
c. Whether the resource can be moved without significant damage
to its physical integrity; and
d. The compatibility of the resource to its proposed site and
adjacent properties.
These considerations shall be in addition to the points contained in other
sections of this Ordinance.
4. Demolitions: Decision by the Board approving or denying a Certificate
of Appropriateness for the proposed demolition of a designated property shall be guided
by the following factors:
a. the historic and architectural significance of the property;
b. the importance of the structure to the ambience of a district;
c. the difficulty or impossibility of reproducing such a property
because of its design, texture, material, detail or unique location;
d. whether the structure is one of the last remaining examples of its
kind in the neighborhood, the city or the region;
e. whether definite plans exist for the reuse of the property ifthe
proposed demolition is carried out, and the likely effects of these
plans on the character of the surrounding neighborhood; _
f. whether reasonable measures can be taken to save the structure
for collapse;
g. claimed economic hardship on the owner; and
h. whether the structure is capable of earning reasonable economic
return on its value.
5. New Construction: After the designation of a Historic Property or
Historic District, no new building, structure, or object shall be constructed until the
owner or occupant thereof has submitted an application for a Certificate to the Board,
and the Board has approved it. The Board shall consider:the compatibility of the new
construction with the existing character of the Historic Property,or Historic tistrict, but
the Board shall not dictate the architectural type of the new construction. Compatible
design shall mean architectural design and construction that will fit harmoniously into
the Historic Property or Historic District. The Board shall also consider the local design
guidelines and following points in review of an application for new construction:
a. Scale, height and width;
b. Setbacks;
c. Orientation and site coverage;
d. Alignment, rhythm and spacing of buildings;
e. Form and detail: link between old and new;
f. Maintaining materials;
g. Maintaining quality;
h. Façade proportions and window patterns;
i. Entrances and porch projections;
j. Roof forms;
k. Horizontal, vertical or non-directional emphasis.
SECTION VII
Severability
The provisions of this Ordinance are severable, and if any section, sentence,
clause, or phrase is for any reason held to be unconstitutional, invalid, or ineffective, this
holding shall not affect the validity of the remaining portions of the Ordinance, it being
expressly declared to be the City Council's intent that it would have passed the valid
portions of this Ordinance without the inclusion of any invalid portion or portions.
, . ,. .
r OR BK 4539 PG 1567
i • 18 of 18
This Ordinance shall become effective immediately upon its passage and
signing by the Mayor.
The foregoing Ordinance No. '7 74-0 f was read and passed on its first reading
by the City Council of the City of Zephyrhills, Florida, on this o2a day of♦ti. ,
A.D., 2001.
// L'
y/ Clyd C. Bracknell
ea, i
Pr ident of City Council
tf
TEST`.` YAft`
4p joT,
ATi
i)14-1-4-1
City @lerk,=ls - A D:BO N
-tiplf' ,,
fo•regoin •:`dinance No.1 $°l was read and passed on its second reading
by the City Colin$Sf the City of Zephyrhills,Florida, on this fay-day of �.&
A.D., 2001.
�c ` C, Cet_.-dge-14-1/
'i.
f, Cl e C. Bracknell
President of City Council
ATTEST: i 4 ,I. ,, '. 2 /
City Cterk, L'":''DADAWN
o
The ! r coofr�g'Ordinance No. MAI was approved by me this /a day of
A:D., 2001. - - approved
CA7-A8-4.A.- -la.,--A. Roy Bside, Mayor