The purpose of this part is to describe certain overlay and floating zones used to allow special development considerations in areas which need special protective measures to retain the character of those areas. Underlying uses, as determined in Article II of this Code, are unchanged. The overlay or floating zone merely requires different or additional development standards than those which would otherwise apply.

(See: "District")

Administrative Certificate of Appropriateness means a Certificate of Appropriateness which is reviewed and approved by the Administrator, with concurrence of the Chair of the Historic Preservation Board. Eligibility will be limited to the following:

1.

Fences: New fence or addition to existing fence which maintains period appropriateness.

2.

Roof: Roof replacement which maintains period appropriateness.

3.

Windows: New or replacement windows which maintain period appropriateness.

4.

Doors: New or replacement doors which maintain period appropriateness.

(Period appropriateness shall be determined by consistency with: (i) criteria and photographs pre-approved by resolution of the City Commission; and (ii) prior approvals by the Historic Preservation Board) See Res. No. 415.

Building means a structure created to shelter any form of human activity. This may refer to a house, garage, church, hotel, or similar structure. Building may also refer to a historically or architecturally related complex, such as the City Hall-Community Center-Fire Station Complex. Parking lots and garages are hereby deemed to be "buildings."

Demolition means the removal, tearing down or razing of a structure.

Historic District means the area indicated by red outline on the Cedar Key Historic District Map included in Appendix A of this Land Development Code. The Historic District is that area bordered by 1st, 3rd, A Street, and F Street, inclusive of both sides of the street and adjacent corners. See Map 10-1.

Historic Structures Relocation Zone means the area indicated on the Historic Structures Relocation Zone map included in Appendix A of this Land Development Code.

Object means a material thing of functional, aesthetic, cultural, historical, or scientific value that may be by nature of design, movable, yet related to a specific setting or environment.

Ordinary maintenance means work which does not require a construction permit and that is done to repair damage or to prevent deterioration or decay of a building or structure or part thereof as nearly as practical to its condition prior to the damage, deterioration, or decay.

Original appearance means that appearance (except for color) which, has been documented through archival records and which, to the satisfaction of the Administrator, closely resembles the appearance of either (1) the features on the building as it was originally built or was likely to have been built, or (2) the features on the building as it presently exists so long as the present appearance is appropriate to the style and materials of the building.

Site means the location of a significant event, activity, building, structure, or archeological resource where the significance of the location and any archeological remains outweighs the significance of any existing structures.

(History: Ord. Nos. 416, 525, 539)

There is hereby established a Historic District as indicated by red outline on the Cedar Key Historic District map included in Appendix A of this Land Development Code. The Historic District is that area bordered by 1st. 3rd, A Street, and F Street, inclusive of both sides of the street and adjacent corners. See Map 10-1.

A.

There is hereby established a Local Register of Historic Places as a means of identifying and classifying various sites, buildings, structures, objects, and districts as historic and/or architecturally significant. The Local Register is included in Appendix A of this Land Development Code.

B.

Addition to the Local Register. The following procedure shall be followed for placement of buildings or sites on the local register:

1.

A written request for nomination, citing the historic or archaeological significance of the building or site, shall be submitted to the Department by the City Commission, the Historic Preservation/Architectural Review Board, the Cedar Key Historical Society, or by the owner of the building or site. Once the request for nomination is received, a written request will be issued to the Cedar Key Historical Society and Cedar Key Historic Board to review the nomination request for a possible recommendation for addition to the Local Register.

2.

The Administrator shall place the nomination on the agenda of the next regularly scheduled City Commission meeting following the required public notice.

3.

Notice of the proposed placement shall be provided to the public at large and to the owner(s) of the nominated property(ies), at least 15 days in advance of the meeting at which the nomination will be considered.

4.

The City Commission shall review the nominations and findings and conclusions as to why the nomination does or does not meet the appropriate criteria for listing on the Local Register. The review shall also include any owner's written objection to placement on the Local Register.

5.

A decision to include or exclude a property shall be submitted as an amendment to and as an appendix to this Code. A listing of the Local Register of Historic Places shall be included by reference in this Code (Appendix A Exhibit 10-2).

C.

Criteria for listing on the Local Register. The property(ies) must meet the following criteria before it may be listed on the Local Register or be designated as contributing to a district:

1.

The site, building, or district possesses integrity to the year of construction of location, design setting, materials, workmanship, feeling and association; and

2.

The site, building or district is associated with events that are significant to local, state, or national history; or embody distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction.

3.

The property is one which, by its location, design setting, materials, workmanship, feeling and association adds to the district's sense of time and place and historical development to the time of construction.

4.

A property should not be considered contributing if it has been so altered that the overall integrity of the property has been irretrievably lost.

5.

Structures built within the past 50 years shall not be considered contributing unless a strong justification concerning their historical or architectural merit is given.

D.

Effect of listing on the Local Register. Structures and buildings listed individually on the Local Register or judged as contributing to the character of a district shall be deemed historic and entitled to modified enforcement of the Standard Building Code as provided by Chapter 1, Section 101, "Special Historic Buildings" and the modified provisions of the FEMA code of Federal Regulations for "Historic Structures". The Administrator is authorized to issue and place official signs denoting the geographic boundaries of any district or to issue letters of authorization for signs denoting the historic designation of properties listed.

(History: Ord. No. 415)

Regulated work items must be certified as appropriate for all sites listed individually on the Local Register of Historic Places and all properties within the Historic District.

A.

Administrative approval. The Administrator may approve work which constitutes "ordinary maintenance" or work which will result in the "original appearance" as defined in this Code.

B.

Administrative Certificate of Appropriateness. The Administrator, with concurrence of the Chair of the Historic Preservation Board, may grant a Certificate of Appropriateness for work which meets the criteria as set forth in the definition of Administrative Certificate of Appropriateness set forth in Section 4-3.01.01, above.

C.

Historic Preservation Board Approval. If the work is not eligible for approval under A. or B., then a certification of appropriateness must be obtained from the Historic Preservation Board.

(History: Ord. No. 461, 525)

A.

The following are regulated work items:

1.

Installation or removal of awnings or canopies.

2.

Installation or removal of all decks above the first-floor level on the front of the structure or visible from the right-of-way.

3.

Installation of an exterior door or door frame, or the infill of an existing exterior door opening.

4.

Installation or removal of any exterior wall, including the enclosure of any porch or other outdoor area with any material other than insect screening.

5.

The installation or relocation of fencing.

6.

The installation or removal of all fire escapes, exterior stairs or ramps.

7.

The painting of previously unpainted masonry including brick, stone, terra cotta and concrete or other period correct materials.

8.

Installation or removal of railings including, but not limited to, other wood, wrought iron or masonry detailing.

9.

Abrasive cleaning of exterior walls.

10.

Installation of new roofing materials, or removal of existing roofing materials.

11.

Installation or removal of security grilles, except that in no case shall permission to install such grilles be completely denied.

12.

Installation of new exterior siding materials, or removal of existing exterior siding materials.

13.

Installation or removal of exterior skylights.

14.

Installation of exterior screen window or door.

15.

Installation of an exterior window or window frame or the infill of an existing exterior window opening.

16.

Erection of a new building or a parking lot.

17.

Demolition of a structure or building.

18.

Relocation of a building or structure.

The decision to issue Certificates of Appropriateness, except those for demolition and relocation, shall be guided by:

A.

The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings; and

B.

The following visual compatibility standards:

1.

Height. Height shall be visually compatible with adjacent buildings.

2.

Proportion of building, structure or object's front facade. The width to the height of the front elevation shall be visually compatible to buildings and places to which it is visually related.

3.

Proportion of openings within the facility. The relationship of the width of the windows in a building, structure, or object shall be visually compatible with buildings and places to which it relates.

4.

Rhythm of solids to voids in front facades. The relationship of solids to voids shall be visually compatible with buildings and places to which it is visually related.

5.

Rhythm of buildings, structures, or objects on streets. The relationship to open spaces between adjoining buildings and places shall be visually compatible to the buildings and places to which it is visually related.

6.

Rhythm of entrance and/or porch projections. The relationship of entrances and projections to sidewalks shall be visually compatible to the buildings and places to which it is visually related.

7.

Relationship of materials, texture and color. The relationship of materials, texture and color of the facade shall be visually compatible with the predominant materials used in the buildings to which it is visually related.

8.

Roof shapes. The roof shape shall be visually compatible with the buildings to which it is visually related.

9.

Walls of continuity. Appurtenances such as walls, fences and landscape masses shall, if necessary, form cohesive walls of enclosure along a street to ensure visual compatibility to the surrounding area.

10.

Scale of a building. Size and building mass in relation to open space, windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.

11.

Directional expression of front elevation. A building, structure, or object shall be visually compatible with the buildings and places to which it is visually related in its directional character.

12.

Screening of elevated buildings. A building required by Section 4-6.07.00 of this chapter to be elevated more than three feet above grade shall mask the fact that it is elevated through the use of appropriate architectural screening so that the building, when viewed from public rights-of-way, appears to have been constructed at, or near, natural grade.

C.

Considerations of scale.

1.

Buildings shall be of appropriate scale to avoid adverse impacts to the surrounding uses and properties.

2.

Buildings shall not be out of scale with documented historic development patterns and surrounding contributing structures.

D.

Elevation considerations. Where Base Flood Elevation (BFE) is less than three feet above grade, buildings shall not be elevated more than one foot above BFE. Where BFE is more than three feet and less than nine feet above grade, buildings may be elevated to nine feet above grade.

(History: Ord. Nos. 415, 418, 419)

Issuance of certification as appropriate for demolition shall be guided by the following factors:

A.

The historic or architectural significance of the building, structure, or object;

B.

The importance of the building, structure, or object to the ambience of a district;

C.

The difficulty or the impossibility of reproducing such a building, structure or object because of its design, texture, material, detail, unique location, or locational restrictions such as the coastal high hazard area;

D.

Whether the building, structure, or object is one of the last remaining examples of its kind;

E.

Whether there are definite plans for reuse of the property if the proposed demolition is carried out, and the effect of those plans on the character of the surrounding properties;

F.

Whether the cost of restoration is equal to or less than the cost of demolition and new construction as determined by a professional architect, engineer, or contractor with experience in the preservation of historic structures. The City may retain such a professional, of its choosing, at the applicant's expense, to advise the City on making this determination; and

G.

Whether the building, structure, or object is capable of earning reasonable economic return on its value.

(History: Ord. No. 416)

The decision to issue Certificates of Appropriateness for relocation shall be guided by the following factors:

A.

Buildings listed in the Local Register may only be relocated within the Historic Structures Relocation Zone indicated on the map contained at Appendix A of this chapter.

B.

All criteria from Section 4-3.01.06 and Section 4-3.01.07 apply to:

1.

The structure to be relocated,

2.

The site where the structure is currently located, and

3.

The proposed location to which the structure will be located.

(History: Ord. No. 417)

A person wishing to undertake regulated work item(s) and obtain certification as appropriate shall follow the following procedure:

A.

Make written application to the Administrator with supporting documents. Supporting documents shall include detailed plans, designs, photographs, and other materials which support the application.

B.

Upon receipt of an application and all submittals and fees which may be required, the Administrator shall determine whether the application is eligible for an Administrative Certificate of Appropriateness, and if so, and if confirmed by the Chair of the Historic Preservation Board, shall approve the application with an immediate effective date.

C.

If the application is not eligible for an Administrative Certificate of Appropriateness, the Administrator shall advertise the application in a newspaper of general circulation in the area and set a date for a public hearing before the Historic Preservation Board at a regular or special meeting which shall occur not less than ten days after the advertisement appears.

D.

The Historic Preservation Board, using the criteria set forth in this Part, shall review the application and take one of the following actions:

1.

Approve the application with an immediate effective date;

2.

Conditionally approve the application with special modifications and conditions stated;

3.

Deny the application.

E.

Hearing. The Historic Preservation Board shall conduct the hearing using the procedures set forth in Part 4-12.12.00 of this Chapter.

F.

Any person aggrieved by a decision of the Historic Preservation Board may appeal the decision to the City Commission as provided for in section 4-12.12.05 of this chapter.

G.

No work for which approval is required may be undertaken without a permit authorizing the work and the permit shall be conspicuously posted on the property where the work is to be performed.

(History: Ord. No. 461, 525)

ISR is a measure of intensity of development described in Section 4-2.02.10 of this Code. For the purposes of developing or redeveloping sites listed individually on the Local Register of Historic Places and all properties within the Historic District, ISR shall be measured and limited as follows:

A.

ISR is determined by dividing the aggregate area of buildings and structures (measured from the outside of exterior walls and excluding overhanging roof-lines), paved or compacted areas, patios, swimming pools, parking areas, and any surfaces which do not allow for penetration of stormwater, by the net available land area. Net available land area is determined as provided in Section 4-2.03.01 of this Code. Paved surfaces which meet the standards for porous asphaltic paving, pervious concrete and other pervious paving materials and methods cited in the Florida Development Manual (DER) shall be exempt from the calculation of ISR.

B.

ISR is limited to 50 percent.

The above ISR standards shall apply to all new development and redevelopment, (for purpose of the above ISR standards, redevelopment shall be defined as projects where the estimated value of construction exceeds 50 percent of the assessed value of the improvements on the property as shown on the tax assessment roll at the time of construction).

(History: Ord. No. 429)

It is the intent of this section to provide for compatibility in the construction of new buildings and structures in established neighborhoods, including the downtown historic district, which were approved for development before enactment of this Code.

Abut means to physically touch or border upon; or to share a common property line.

Infill development means construction on vacant lots within previously established or approved development areas that have one or more vacant lots available for construction of new structures.

Lot means a designated parcel, tract or area of land established by plat, subdivision or as otherwise allowed by law.

A.

Development which requires platting or re-platting of two or more lots or any deviation from the infill standards established herein shall apply for development plan review as provided in Article XII of this Code.

B.

A development permit, as provided in Article XII of this Code, is required for a structure in a development with a final development order.

C.

When a previously approved site plan is available, proposed infill development shall conform to those standards or regulations in force at the time of the development approval for the lot and its surrounding area, except for those standards and regulations which apply to the coastal high hazard area, floodplain or stormwater management.

D.

When no documentation is available concerning the standards in effect at the time of initial development, the following procedures shall be used to minimum average standards:

1.

All developed lots that abut the lot proposed for development shall be considered in determining the standards for development

2.

An average (mean) shall be calculated for each of the following:

a.

Front and side yard setbacks;

b.

Rear yard setbacks, except coastal setback required for stormwater management and resource protection;

c.

Lot dimensions and lot area;

d.

Building height and elevation, except that FEMA regulations shall apply in coastal high hazard areas (V-Zones);

e.

Floor area ratio;

f.

Accessory uses;

g.

Dwelling unit type;

h.

Sidewalks;

i.

Parking area;

j.

Dedications or reservations of easements, rights-of-way, parkland, landscaping and sight barriers; and

k.

Other standards not relating to stormwater (drainage) management and coastal high hazard area (floodplain) considerations.

3.

Incompatible uses, such as commercial and residential uses which abut, shall be buffered as provided in Article VI of this Code.

4.

Average standards determined in this part shall be the minimum which apply.

5.

Where there is uncertainty on the applicable standard, the decision shall be in favor of the stricter standard, or the application of the standards of this Code.

(History: Ord. No. 426)

The purpose of the Downtown Commercial District is to maintain and encourage a pedestrian oriented shopping and commercial district in downtown Cedar Key.

The Downtown Commercial District is hereby established as an overlay district covering those parcels of property in downtown Cedar Key:

A.

Bounded by 3rd Street on the north, A Street on the east, 1st Street on the south, and D Street on the west; and

B.

That portion of 2nd Street between A Street and Depot Street; and

C.

Shall include all parcels adjacent to the street segments described in paragraphs A and B.

The standards included in this section apply to all properties in the Downtown Commercial District and shall be applied during the development review process provided for in Article XII of this Code. No single building may occupy more than five adjacent lots or exceed 125 feet of frontage along a single street.

(History: Ord. No. 406)

The purpose of the Second Street Commercial Corridor is to maintain and encourage a pedestrian oriented shopping and commercial district on Second Street in downtown Cedar Key.

The Second Street Commercial Corridor is hereby established as an overlay district covering those parcels of property in downtown Cedar Key that abut the north and south sides of Second Street between the west side of B Street and the east side of D Street.

The requirements of this subsection apply to all properties in the Second Street Commercial Corridor and shall be applied when determining whether to authorize development during the development review process provided for in Article XII of this chapter.

A.

All new buildings shall be built to the nearest edge of the adjacent sidewalk.

B.

All new buildings shall include architectural features such as porches, balconies or awnings that are built over and shade the sidewalk.

C.

It is unlawful to construct, cut, break out or remove any curb or otherwise establish any new curb cut.

(History: Ord. No. 407)