863-04 Land Use Amendment for Jeter Property

Browse Search

OR BK 5910 PG 1468 21 of 25 Zephyrhills has taken steps to insure that responsible rehabilitation to its historic buildings is undertaken. To that end, the City has initiated the Historic Preservation Survey that contained a detailed analysis of the architectural significance of the historic buildings located in the city. Also included in the Draft Historic Preservation Ordinance are basis guidelines based on the Secretary of the Interior's Standards for Rehabilitation. The Ordinance also gives the Historic Preservation Board the duty to produce and publish design guidelines to assist the public in the rehabilitation of its historic resources. Related State Legislation The Burt Harris Law,better known as the "property rights law," was passed during the 1995 Florida Legislative session. The new law protects the present use or activity on property, as well as any vested right to use the land a certain way in the future. It permits landowners to seek compensation in circuit court when their property has decreased in value as a result of governmental action. It applies to any new law,regulation or ordinance adopted since the Florida Legislature formally ended its 1995 session. It is unclear how the "property rights law" will affect historic preservation programs across the state. Pasco County's Historic Preservation Program Pasco County became involved in historic preservation activities in 1976 when the Pasco County Historical Preservation Committee was established by the Board of County Commissioners. This Committee was founded to compile a register of historic resources and to promote knowledge and preservation of Pasco County history. The Committee also erects historical markers and commemorative plaques at historically significant places throughout the County. In Zephyrhills, plaques have been placed at the GAR Building and Oakside Cemetery. In 1978, the Committee adopted criteria and guidelines for the County's list of historic places,however,no protections against the demolition of these sites were included. One of the first places listed was the GAR Building. In 1993,Pasco County passed the Historical Ordinance(Appendix B) that outlined the identification, designation, and preservation measures for sites significant to the county's development. Many properties located within the City of Zephyrhills are listed on the Pasco County Register of Historic Resources (Appendix D). Also included within this ordinance was a tax abatement measure that established a ten-year ad valorem tax exemption for improvements made to historic properties. This measure is based on the amendment to the Florida Constitution,Article VII, Section 3 (e), that authorizes counties and municipalities to grant an ad valorem tax exemption to owners of historic properties for qualifying improvements to such properties which are the result of restoration, renovation, or rehabilitation. The Florida Legislature enacted Sections 196.1997 and 196.1998, Florida Statutes (1992), to govern the allowance of such exemptions. For the Pasco County tax abatement, the property must be designated on the Pasco County Register of Historic Places. The property owner is required to apply for the program before improvements are initiated and again after the project is completed. A project must be completed within two years of receiving preliminary work approval. During that time, an application may be amended or withdrawn. Once the project has been completed, the property owner is required to sign a covenant agreeing to maintain the improvements while the exemption is in effect. Although Pasco County offers this incentive, it has not acquired Certified Local Government status. Consequently, any application for tax incentive programs for properties listed on the Pasco County Register of Historic Resources has to be directed to the State. City Historic Preservation Staff The City of Zephyrhills'historic preservation program is administered through the Development Department. Upon adoption of the Historic Preservation Ordinance, additional responsibilities will include the following: 1. Administer the Historic Preservation Ordinance. 2. Advise the Historic Preservation Board on all applications that come before the Board. 15