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Ordinance No. 1516-26 Historic Preservation - Certified Local Government
INSTR#2026079488 OR BK 11 41 0 PG 1649 Page 1 of 20 04/29/2026 03:43 PM Rcpt:2953644 Rec: 171.50 DS: 0.00 IT: 0.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk&Comptroller ORDINANCE NO. 1516-26 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, CREATING NEW SECTIONS 30.180,30.181,AND 30.182 OF CHAPTER 30 OF THE OF THE CITY OF ZEPHYRHILLS CODE OF ORDINANCES TO UPDATE AND PROVIDE CHANGES TO THE HISTORIC PRESERVATION BOARD; AMENDING CHAPTER 154 OF THE CITY OF ZEPHYRHILLS CODE OF ORDINANCES TO INCORPORATE UPDATED PROVISIONS FOR HISTORIC PROPERTIES AND THE HISTORIC DISTRICT; REPEALING SECTION 10.02.05.04 OF THE LAND DEVELOPMENT CODE TO AVOID DUPLICATION OF APPLICABLE CODE TO THE ZEPHYRHILLS HISTORIC PRESERVATION BOARD, HISTORIC PROPERTIES AND THE HISTORIC DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of Florida, and section 166.021(1), Florida Statutes, the City of Zephyrhills, Florida (the "City"), a municipal corporation, enjoys all governmental, corporate, and proprietary powers necessary to conduct municipal government,perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, as provided in section 166.021(3), Florida Statutes, the governing body of each municipality in the state has the power to enact legislation concerning any subject matter upon which the state legislature may act, except when expressly prohibited by law; and WHEREAS, the City of Zephyrhills recognizes the cultural value that historical, archaeological, and architectural resources provide to the community; and WHEREAS, preserving and protecting these resources within the City Limits fosters community pride while connecting the history of the City, its growth, and historical events to the present day; and WHEREAS,the City Council finds it necessary and appropriate to amend the structure of the Historic Preservation Board and to amend the ordinances that designate, regulate, and administer these resources within the city; and WHEREAS,the City Council desires to maintain status as a Certified Local Government in good standing with the State Historic Preservation Officer; and WHEREAS, the City Council finds it appropriate to update the Historic Preservation Board, moving its creation to Chapter 30 (Boards and Commissions), to update Chapter 154 (Historic Properties and Historic Districts)and to repeal Land Development Code Section 10.02.05 (Historic preservation board)to reflect these changes; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills,Florida as follows: Section 1. Creation of New Sections 30.180 through 30.182 — HISTORIC PRESERVATION BOARD. Chapter 30 of the Zephyrhills Code of Ordinances is hereby amended to add new Sections 30.180, 30.181, and 30.182,titled "HISTORIC PRESERVATION BOARD," to read as follows: HISTORIC PRESERVATION BOARD Sec.30.180.Creation of a Historic Preservation Board. (A) Creation of the Board. There is hereby created a Board whose title shall be the "Ze h,rhills Historic Preservation Board"jjiereinafter"Board").The Board is vested with the power, authority, and jurisdiction to identify. designnate. regulate,ate and administer 1 #39350218v1 OR BK 11410 PG 1650 Page 2 of 20 historical archaeolo ica and architectural resources within the city, as herein rescribed under the direct jurisdiction and legislative control of the City Council. (B) Purpose of the Board. The purpose and intent of the Board shall be to establish the framework for a comprehensive preservation program through which these resources are preserved, restored, rehabilitated, and reused. The City recognizes the cultural value that these resources provide and that preserving and protecting historical archaeological, and architectural resources within the City Limits fosters community pride whiljyjg the history of the City its growth, and historical events to the present da . (C) Board position within the city.The Board shall be part ojgplanning functions of the city. (D) Board membershi . The Board shall consist of five members and two alternates.Each City Council member shall have the authority to nominate one member of his or her choosing to the Board. The City Council President of the City of Zephyrhills is designated the Chief Elected Official, and as such, will sign appointment documents, and any other relevant documents related to the Ze hlhills Historic Preservation Board. Members shall serve without compensation, but shall be reimbursed for actual ex enses. In addition, the Cjy Council may appoint a first and second alternate member to the Historic Preservation Board. Such alternates may participate in all authorized functions of the Historic Preservation Board: provided, however, such alternates shall have no vote in the administrative or uasi-iudicial determinations of the Historic Preservation Board except in the temporary absence or disability of a regular member or members, or when such re ular member or members shall be disqualified from voting. in any particular case or cases. (E) Qualifications. The Board shall consist of a majority of cit residents and persons ownipg a business re istered in the city who 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 rofessional members from the disciplines of architecture histor.y archaeology, real estate, building construction or other historic preservation related disciplines. Lay persons who have demonstrated special interest experience or knowledge in histoi y architecture or related disciplines shall make up the balance of the Board. (F) Terms of o ace. Members shall serve three-year terms.In order to achieve staggered terms initial appointments shall be: two members for two ears; and three members for three years. Members may be re-appointed on the expiration of their term durin, the annual installment of new members in June. 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. Initially, one alternate shall be appointed by City Council for two years and one shall be ap ointed for three years. The Historic Preservation Board alternates shall be appointed rior to the annual installment in June at the bgginnin g of the term. (G) Dicers. Members of the Board shall elect officers from among the members to serve as Chairman and Vice-Chairman for a penod of one year,with election of officers being held at the first regrllar meeting ot, f the year. (H) Vacancies. Vacancies on the Board caused byjie expiration of a term. resi nation. removal,death,or permanent absence from the city,or b incapacityof a member,shall be filled by ap ointment within 60 days. An extension ofj.n_p.to an additional 60 days can be requested by a written re uest from the Board to the State Historic Preservation Officer. 2 #39350218v1 OR BK 11410 PG 1651 Page 3 of 20 (I) Removal. Members ma ,be removed from the Board only b the Chief Elected Official: however, whenever a member of the Board shall fail to attend two of three consecutive meetings,without cause and without prior approval of the Chief Elected Official,the Board shall declare the member's office vacanp4j,etition the Chief Elected Official for the appointment of a new.member to fill the vacancy: (J) Rules of rocedure. The Board shall make and prescribe such rules and regulations reasonably necessary and a .ro riate for the proper administration and enforcement of the provisions of this chapter. Such rules and regulations shall conform to the provisions of this chapter and shall govern and control pes. 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 re aulations by the Board and the same has been a, roved by the Cit r 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 the city.The Rules of Procedure shall be o en to public inspection. (K) Meetin s. The Board may meet biweekl but shall meet at least four times per year at regular intervals, once er fiscal uarter. The Board may also hold s ecial meetings as the Board may determine. All meetings of the Board shall be riven in a public forum, o pen 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 apjçjy of all members concur. Notice of meetings shall be publiLv announced and have a .reviousl ° 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 pjothy vote of those voting and without the concurrence of at least two members.Failure to receive a maiority vote of those voting and at least two affirmative votes shall act as a denial by the Board. (L) Staff Stafiandpersonnel. The city shall provide the Board with staff sufficient to undertake the re uirements for certification of the state to_cy out the duties and responsibilities delegated to Certified Local Governments and the re uirements of this chapter. The City Attorney shall serve as legal counsel to the Board in all matters. (M) Satisfactory Per ormance o Certi ied Local Government res onsibilities. The responsibilities required to maintain status as a Certified Local Government in good standin will be maintained to the established standards. 1. Prior notice of all meetings of the Board shall be provided to the State Historic Preservation Officer at least 30 calendar da s i,rior to the meeting. 2. Following each meeting of the Board, records of attendance of the Review Commission,minutes of the meeting,and public attendance figures shall be submitted to the State Historic Preservation Officer within 30 calendar days of each meeting. 3. Notification to the State Historic Preservation Officer shall be provided within 30 calendar days for any change in Board membership or any amendments to this ordinance shall be submitted for review and comment at least 30 da s prior to adoption. 4. When new historic designations or alterations to existin _designations are passed by the Board the State Historic Preservation Officer shall be immediately notified. 3 #39350218v1 OR BK 11410 PG 1652 Page 4 of 20 5. By November 1st of each year an annual report covering the activities of the previous year from October 1st to September 30th shall be submitted to the State Historic Preservation Officer. The annual report shall include the following information. (a) A cppy of the Rules of Procedure. (b) A copy of the historic preservation ordinance. (c) Resume of Commission members. (d) Changes to the Commission. (e) New Local designations to the District. (f) New National Register listings. (g) Review of survey and inventory activity with a description of the s stem used. (h) Program report on each grant-assisted activity. (i) Number of projects reviewed. (j) An updated map of the District showing the District boundaries and clearly identi ' in g contributing and noçonfributing structures.This map shall also be u dated within A pendix A of these Ordinances at the same time as the submittal of the annual report. Sec.30.181 Powers and duties. (A) Powers and duties of the Board. It shall be the responsibility of the Board to: 1. Conduct an ongoing historic survey and inventor.y of historical , culturally, archaeologicaliy1 or architecturally significant resources within the city and to plan for their preservation.All jnyory materials shall be com patible with the Florida Master Site File IFMSFjpprovided to the State Historic Preservation Office: 2. Pursuant to Florida's Sunshine Laws and Section 304 of the National Historic Preservation Act,all inventory materials shall bp pen en to the public,,with the exception to the geographical data of archeological resources or other vulnerable resources will not be made publicly available. Locational information will not be released for historical resources when disclosure might case a sjgnificant invasion of,privacy, risk harm to historic pperty. or impede the use of a traditional religious site by practitioners;. 3. Designate to the City Council specific buildings. structures sites objects or districts to be designated by this chapter as Historic Properties or Historic Districts and listed on the Local Re ister of Historic Places; 4. Develop and publish design f-widelines with periodic review and update. These guidelines shall include the applicable Secretary of the Interior's Standards for Archeology and Historic Preservation, Rehabilitation and Guidelines for Rehabilitating Historic Buildings; 5. Review applications for certificate(s) of appropriateness and grant or denysame in accordance with the provisions of this chapter; 4 #39350218v1 OR BK 11410 PG 1653 Page 5 of 20 6. Conduct educational 1programs about historic properties located in the city and on general historic preservation activities: 7. Advise and assist property owners and other persons and ;rows 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, 8. Utilize allocated funds to hire professionals or experts csary to fulfill other duties and responsibilities of the Board: 9. Cooperate with and advise local, state, and federal,,government concerning the effects of local government actions on historic and cultural resources: 10. Undertake the responsibilitiesresponsibilitieojlementary to those of the State Historic Preservation Office as well as the requirements for certification of the local preservation program b the State Historic Preservation Officer: 11. Work with the State Historic Preservation Officer on nominations within the jurisdiction to the National Register of Historic Places pursuant to the Certified Local Government program; 12. Enforce this chapter and take appropriate action for non-compliance includin but not limited to, issuing citations, levying, fines or other civil penalties, revocation or suspension of licenses permits or franchises or other remedies as outlined in Chapter 6 13. Make reasonable effort to attend the State Historic Preservation Office Orientation Program and subsequent training rarograms 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. Sec.30.182.Applicability. The provisions of this subchapter shall be read in conjunction with Chapter 154 of this Code,which sets forth the designation procedures certificate of appropriateness re uirements. and other standards applicable to historic properties and historic districts within the city. In the event of any conflict between the provisions of this subchapter and Chapter 154, the provisions of Chapter 154 sJi4L control with respect, to designation procedures and standards and the provisions of this subchapter shall control with res ect to the creation,composition,and administration of the Board. Section 2. Amendment of Chapter 154. - HISTORIC PROPERTIES AND HISTORIC DISTRICTS. Chapter 154-HISTORIC PROPERTIES AND HISTORIC DISTRICTS of the Zephyrhills Code of Ordinances is hereby amended to read as follows: Sec. 154.01.Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 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. 5 #39350218v! OR BK 11410 PG 1654 Page 6 of 20 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. 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. Demolition. An act or process that destroys or razes in whole or in part a resource or permanently impairs its structural integrity. Demolition by neglect. The act or process that allows for gradual deterioration resulting in the loss,in whole or in part,of historic integrity of a resource due to lack of ordinary maintenance or repair. 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. Florida Conference of Preservation Boards and Commissions. A coalition of Florida HistoricPreservation 7M Boards and Commissions. Formed ,,.der thetheofFlorida Trust for Historic Preservation, its primary functions are to educate preservation commission members and to enable commiaaiona to ahare ideas. Historic district. A geographically definable area designated by the Board as a historic district pursuant to the criteria established in section 154.03. ETS2.11 A district is of historic s_iglnificance when it possesses integrity of location, dbn. setting. materials, workmanship, feeling, and association and it; a. Represents a si ynificant entity whose coin onents may lack individual distinction: b. Represents a geographically defined area which contains buildings, structures, sites, objects and spaces linked historically through location design, settin materials workmanshi , feeling, and association• or c. Represents a geoaphically designated entity whose individual structural comlpovents collectively convey a sense of time and place in histor .. Historic property. 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 154.03. Historic survey(s). Comprehensive surveys conducted by historic preservation professional including the identification,research,and documentation of buildings,structures,sites,and objects of historical, cultural, archaeological, or architectural importance in the city. 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. Material change. 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 facade 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; or (3) A new construction. 6 #39350218v1 OR BK 11410 PG 1655 Page 7 of 20 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. 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 property but does not contribute to the historic or architectural character of the property or district. 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. (TS3.1] Repairs or maintenance which char res the outward appearance of a building shall constitute an alteration. Secretary of the Interior's Historic Preservation Standards for Archeology and Historic Preservation.The established guiding document from the National Park Service which establishes standards that apply to a property undergoing treatment including„preservation, rehabilitation, restoration, and reconstruction. 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. T[ 54.11 State Historic Preservation Officer. The official designated to administer the state historic preservation program established for the purpose of carrying out the provisions of the National Historic Preservation Act of 1966, as amended. Undue economic hardship.Any action taken or desired under section 154.04 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. Sec. 154.02. Crcation of a Historic Preservation Board. Creation of the Board. There is hereby created a Board whose title shall be the" Zephyrhills Preser'vatienBoar " (hereinafter "Board"). The Board is vested with he power,-authority, jurisdiction to designate, regulate, and wiminister historical, archaeological, and architectural resources in the city, as herein prescribed under the direct jurisdiction and legislative control of the City Council. (B)BEard poi-i ien within the city. The Board shall be part of the planningfunctions f the city. (C) eardsh 11 + of five members and two 1+ + shall consist Each City Council member shall have the authority to appoint one member of his or her choosing to the Board. Members shall serve without compensation, but shall be reimbursed for actual expenses. In aridition, the City Council may appoint a first and second alternate member to the Historic Preservation Board. Such alternates may participate in all authorized functions of the Historic Preservation Board; provided, however, such alternates shall have no vote in the administrative or quasi judicial detenninations of the Historic Preservation Board, except in the temporary absence or disability of a regular member or members, or when such regular member or members shall be disqualified from voting in any particular case or cases. (D) Qualfloations. The Board shall consist of a majority of city residents and persons owning a business registered in the city who shall have knowledge of historical or architectural development within the city or have a deep concern for—preservation, development, d City Council shall appoint professional members from the disciplines of architecture, history, archaeology, real estate, building construction or other historic preservation related disciplines. enhancement of the historical resources of the city. To the extent available in the community, the #39350218v1 ■ ■ ■ ■ ■ • ■ - • ■ • . ■ ■ Y. ■ ■ - • OR BK 11410 PG 1657 Page 9 of 20 (3) Develop and lisp design guidelines with Feriedireview and update. These guidelines shall include the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings; ('1) Review applications for certificate(s) of appropriateness and grant or deny same in accordance with the provisions of this chapter; (5) Conduct educational programs on historic properties located in the city and on general historic preservation activities; Advise e and assist property owners and other persons and groups or organizations (6) ..�.......v t.ivNv.�y v vv uva on physical and financial aspects of preservation,renovation, rehabilitation of historic and cultural resources, and to-adz e and assist property owners in securing av leading,-ands obtaining federal and state tax incentives; (7) Cooperate with and culvise local, state, and federal government concerning the effects of local government actions on historic and culturai resources; (8) Undertake the requirements for certification of the local preservation program by the State Historic Preservation Officer; (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 this chapter and take appropriate action for non compliance; (11) Make reasonable effort to attend the State Historic Preservation Office Orientation Program cud 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. The Z 2h °rhills Historic Preservation Board is created and established ursuant to Chapter 30 Sections 30.180 through 30.182, of the Ze ph chills Code of Ordinances. All provisions r ardin 7 the creation com osition membership, officers, terms of office, vacancies, removal meetings, rules of procedure, staff and powers and duties of the Board are set forth therein and are hereby incoi orated by reference as if fully set forth in this chapter. Sec. 154.03.Designation: process and procedure. (A) Creation ofa 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 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 50 years of age or the majority of its resources be at least 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; (b) Associated with the lives of persons significant in our past; 9 #39350218v1 OR BK 11410 PG 1658 Page 10 of 20 (c) Embodies the distinctive characteristics of a type, period, or method of construction; (d) Represents a significant and distinguishable entity whose components may lack individual distinction; (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; (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 50 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 a 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; (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 50 years if it is of exceptional importance; or (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 meets 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; 10 #39350218v1 OR BK 11410 PG 1659 Page 11 of 20 (b) The Board will conduct a preliminary evaluation of the information provided on each nomination form to ensure its conformance with the designation criteria; and (c) The Board,through staff, will then prepare a designation report which will contain the following information: 1. Proposed legal boundaries of the historic property or district,or archaeological site; 2. Analysis of the historic, architectural, or cultural significance of the nominated property; 3. Description of the nominated property including historic, architectural, or archaeological features and non-historic alterations,modifications, and additions; 4. Status and condition of the historic, architectural, cultural, or archaeological integrity of the nominated property 4.5. Sketch of the historic property, site or district, or archaeological site showing contributing and non-contributing resources and proposed boundaries; -6. Photographs of the property; and 6..7. Name and address of the owners of the nominated 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 to the local historic district, the Board Board's will notify the owner of the Board's intent to designate and mail a copy of the designation report at least 15 calendar 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 15 days of notification of the property owner and within 60 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 tei seven 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. If the owner(s) of record of the nominated property objects to nominationfiLproperty as outlined above then the nomination of the pro shall be withdrawn.No historic district shall be designated without the written consent of a simple majority (at least 50%+1) of rperty owners in the pro posed district. (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 months have elapsed, 11 #39350218v1 OR BK 11410 PG 1660 Page 12 of 20 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 requirements for a certificate of appropriateness and finds that such a permit may be issued. (8) Prompt decision on designation. After the public hearing,the Board shall submit a final report on designation within 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 30 days with the City Clerk.Within 30 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 chapter. (11) Notification of designation. Within 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 the 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'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 chapter. (12) Notification of other agencies regarding designation. The Council shall notify all necessary agencies within the city 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 the 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 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,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: 12 #39350218v1 OR BK 11410 PG 1661 Page 13 of 20 1. 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: 1. The variance will be in harmony with the general appearance and character of the community; and 2. 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 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. ff Nomination_to the National Re.'ister ofHistoric Places. (1) The National Register of Historic Places is a list of properties erties maintained by the National Park Service authorized by the National Historic Preservation Act of 1966. The National Register is administered through the National Park Service and has established evaluation criteria and guidelines that allow for properties to be nominated. 12J In compliance with the National Historic Preservation Act, the City Council President as the Chief Elected Local Official,will receive the Historic Preservation Board's re ort for nominations to the National Register of Historic Places before providing his/her opinion. The Chief Elected Local Official will ask in writjg that the Board send the package re to the State Historic Preservation Office on behalf of the official. This ensures that the official's opinion and the Board's report go to the State Historic Preservation Office as a single package. 3 For nominations to the National Register notification shall be provided at least 30 calendar days prior to a public hearing on the Board's designation, but no more than 75 calendar days prior. Objections by property owners must be notarized to prevent nomination to the National Register. Sec. 154.04. 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 contributing 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 13 #39350218v1 OR BK 11410 PG 1662 Page 14 of 20 damage and that does not involve a material change in design, material, or 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 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 New construction on a designated historicj,ropy for which a certificate of appropriateness is issued shall begin within 12 months from the date of issuance of the certificate of appropriateness. (5) Decision of the Board. The Board shall apply the appropriate relevant Historic Prgperty Design Guideline 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 (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 on an 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 15 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: 14 #39350218v1 OR BK 11410 PG 1663 Page 15 of 20 (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. (d) In the case of proposed demolition, an estimate from an architect, developer, two architects, developers, licensed contractor, appraiaer, contract appraisers, or real estate sonaultant consultants 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 on 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; and (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 or 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. 15 #39350218v1 OR BK 11410 PG 1664 Page 16 of 20 (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. (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 in this chapter 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 shall 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 15 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 15 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 non-compliance. 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 or her 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 the certificate, the Building Official or his or her designated representative shall issue a stop work order, and all work shall cease. No person shall undertake any work on the project as long as the 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 this section may be required to repair or restore any such property. (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 proposed 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 16 #39350218v1 OR BK 11410 PG 1665 Page 17 of 20 arrangement, texture and material of the architectural features involved, 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 historic 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. These 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 or historic siglificance; 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 the other sections of this chapter. (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 integrity or significance 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 if the 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 from 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 17 #39350218v1 OR BK 11410 PG 1666 Page 18 of 20 property or historic district, 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) Facade proportions and window patterns; (i) Entrances and porch projections; (j) Roof forms; and (k) Horizontal,vertical, or non-directional emphasis. Section 3. Repeal of Land Development Code Section 10.02.05. —Historic preservation board. Section 10.02.05 of the City of Zephyrhills Land Development Code, titled "Historic preservation board," is hereby repealed in its entirety. All provisions regarding the creation, composition, membership, powers, and duties of the Historic Preservation Board are now consolidated and set forth in Chapter 30, Sections 30.180 through 30.182, and Chapter 154 of the Zephyrhills Code of Ordinances, as amended herein. Section 4. Repealer. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Severability. If any section, subsection, sentence, clause,phrase,word or provision of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,then said holding shall not be construed as to affect the validity of the remaining portions of this Ordinance. Section 6. Codification and Numbering. It is the intention of the City Council of the City of Zephyrhills that each new or modified article, section, goal, objective, or policy within City of Zephyrhills Comprehensive Plan be properly numbered and sequenced. Any incorrect numbering in this ordinance shall not affect the validity of other provisions. Instead, such provisions will be automatically renumbered for consistency. For purposes of codification of any existing section of the City of Zephyrhills Comprehensive plant herein amended, words underlined represent additions to original text, words stricken are deletions from the original text, and words neither underlined nor stricken remain unchanged. Section 7. Scrivener's Errors. Sections of this Ordinance may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. 18 #39350218v1 OR BK 11410 PG 1667 Page 19 of 20 Section 8. Effective Date This Ordinance shall become effective immediately upon passage on the second reading and signing by the Mayor. The foregoing Ordinance No. 1516-26 was read and passed on the first reading in an open and regular meeting 6ktCity Council of the City of Zephyrhills, Florida, on this 13th day of April 2026. +�i 1 \, :; tae • =�` Attest ;". �"; r_________ 2i4.. ___ Rcard 'Qu 'ion� 'ierk Charles E. Proctor ' far Council President The foregoing Ordnance No. 1516-26 was read and passed on the second reading in an open and regular meeting;of.:the City Council of the City of Zephyrhills, Florida, on this 27th day of April 2026. Attest •`� t,��' '!' Ricardo©n H '° ' Steven F. Spina r$ ' � Council President The foregoing Ordinance No. 1516-26 was approved by me this 27th day of April 2026. Melo ie onson,Mayor Approved as to legal form and content Matthew E. Maggard, Ci y Attorney 19 #39350218v1 OR BK 11410 PG 1668 Page 20 of 20