All proposed land uses must meet the basic performance standards of the district and meet any and all natural resource protection standards. This article is organized into two (2) sections; the first describes the district standards for residential and nonresidential uses and scale standards; the second presents natural resource protection standards.

(Ord. No. 90-4, § 7, 2-21-90)

All uses and activities shall comply fully with the provisions of the following standards as a precondition of being permitted pursuant to article III, section 12-32.

(Ord. No. 90-4, § 7, 2-21-90)

The standards for residential uses in all districts are presented in section 12-53. The standards for all nonresidential uses are presented in section 12-54. The bulk standards relating to particular uses are contained in article V.

(Ord. No. 90-4, § 7, 2-21-90)

This section contains the basic standards applicable to single-family, open space, only in the suburban zoning district, and planned residential developments, as well as for neighborhood conservation districts. Commercial apartments and mixed uses, where such uses are permitted by section 12-32 of this chapter are also listed. The standards of this section are minimum standards and shall apply to each district and use therein. All standards must be met. Whenever the standard contained in this section is different from another performance standard articulated in this article, the strictest standard shall always govern. _____

KEY TO TABLE OF RESIDENTIAL PERFORMANCE STANDARDS

(Refers to Table 12-53)

TABLE 12-53. RESIDENTIAL PERFORMANCE STANDARDS

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91; Ord. No. 92-17, § 3, 5-6-92; Ord. No. 96-4, § 7, 2-21-96; Ord. No. 2002-35, § 1, 10-16-02; Ord. No. 2011-2, § 5, 1-5-11)

Editor's note— Ord. No. 2016-014, § 2(Exh. A), adopted July 27, 2016, repealed § 12-54, which pertained to nonresidential performance standards and derived from Ord. No. 90-4, § 7, adopted February 21, 1990; Ord. No. 91-33, adopted September 4, 1991; Ord. No. 2001-030, § 1, adopted June 20, 2001; Ord. No. 2002-35, § 1, adopted October 16, 2002; Ord. No. 2014-23, § 2(Exh. A), adopted December 2, 2014; Ord. No. 2015-017, § 2(Exh. A), adopted June 10, 2015.

Editor's note— Ord. No. O2019-012, § 2(Exh. A), adopted June 5, 2019, repealed § 12-55, which pertained to scale of nonresidential development and derived from Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91; Ord. No. 2014-23, § 2(Exh. A), 12-2-14; Ord. No. 2015-017, § 2(Exh. A), 6-10-15.

The maximum intensity of use in any zoning district is controlled by the maximum intensity set forth in section 12-53 for residential uses and in section 12-54 for nonresidential uses or the provisions of this division, whichever is less.

Commentary: Because landforms, parcel size and shape, as well as natural or engineered limitations, vary significantly from site to site, reasonable development regulations must take account of these variations. The former Davie Zoning Ordinance did not provide any mechanism to relate such site-specific variables, forcing the town to rely on zoning negotiations to protect the environment. The town has found this has not always resulted in protection of the natural resources. This inadequacy resulted in problems such as the destruction of natural resources, pollution of ground and surface water, and destruction of wildlife habitats. This chapter is intended to correct this problem by directly tying the intensity of development to the natural capacity of the site. For each tract, the calculations contained in sections 12-58 and 12-59 shall be made. (The worksheets on the following pages outline the procedure for completing the required calculations.)

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2017-023, § 2(Exh. A), 8-2-17)

All developments shall calculate the capacity of the site before the issuance of a building permit, except for those developments specifically noted below:

(1)

Any single-family development with lots in excess of five (5) acres where the land is subject to restrictive covenants limiting that density in perpetuity; and,

(2)

Any existing legal lots of record in Neighborhood Conservation districts, or in residential developments platted prior to the date of the adoption of this chapter; and

(3)

Any nonresidential lots of record in a subdivision platted prior to the adoption of this chapter or having a lot area of less than one (1) acre; and,

(4)

Any lots created by a subdivision or land development approved under this chapter and having met the requirements of this division during the platting or land development approval process.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

All land area consisting of the natural resources or natural features listed below, lying within the BASE SITE AREA, shall be measured. The total acreage of each resource shall be multiplied by its respective open space ratio to determine the amount of resource protection land or area required to be kept in open space in order to protect the resource or feature. The sum total of all resource protection land on the site equals TOTAL RESOURCE PROTECTION LAND. (See the worksheets on the following pages.)

(1)

Measure the areas of the site containing the NATURAL RESOURCES listed below. These features are defined in Article XIV. Calculate the required areas of RESOURCE PROTECTION LAND for each feature:

Note 1: In conducting this calculation, if two (2) or more resources are present on the same area of land, only the most restrictive (highest OSR) shall be used.

Note 2: Where the provisions of Division 5, Mitigation, are employed, those areas to be disturbed, but will be mitigated in accordance with the standards of this chapter, shall be subtracted as indicated above.

Commentary: This subsection implements the Town of Davie Comprehensive Plan, dated July, 1989, relative to the protection for different natural resources in the town.

For residential uses, proceed to the following page.

For nonresidential uses, skip the following page, and go to the page after it.

For Residential Uses

For Nonresidential Uses

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2017-023, § 2(Exh. A), 8-2-17)

All natural resources defined herein shall be protected by the standards of this division. Sections in this division specify the environmental protection standards applicable to selected natural resources and other standards designed to control specific resource problems.

Ridges, hardwood hammocks, and wetlands shall be protected as required in the following sections.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2017-023, § 2(Exh. A), 8-2-17)

(A)

Determination: The extent of the area of a wetland shall be as determined by the Broward County Office of Natural Resource Protection (ONRP). The town administrator, or designee, may request that ONRP make such a jurisdictional determination with respect to land located in the Town of Davie and provide information and consultation to ONRP in connection with such determination.

(B)

Prohibited Uses: No person shall conduct or cause to be conducted dredging or filling in wetlands except in accordance with the terms and conditions of all required licenses and permits issued by those federal, state and local agencies exercising jurisdiction over the conduct of such activities within wetlands.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

(A)

Determination: The determination of the boundaries of ridges, as defined in Article XIV of this chapter, shall be based on following sources and techniques and shall include a complete investigation of elevation, soils and vegetation using the following sources:

(1)

Official Town of Davie aerial photographs (most recent date).

(2)

Official topographic maps of the Town of Davie.

(3)

The presence of Pomello Fine Sand as shown on the Soil Survey of Broward County, Eastern Park (USDA, 1984).

(4)

A field survey compiled by a registered land surveyor, engineer or landscape architect conducted in conjunction with a soils scientist.

(5)

Broward County Natural Resource Areas maps.

(6)

Town of Davie Generalized Natural and Historical Resources Map in the Future Land Use Plan Maps of the Town of Davie Comprehensive Plan.

(B)

Protection Levels: In all developments, the level of protection provided ridges shall be in accordance with this section and shall apply to all ridge areas. Identified ridges are protected in all districts at a level of one hundred (100) percent.

(Ord. No. 90-4, § 7, 2-21-90)

(A)

Determination: The determination of the boundaries of disturbed ridges, as defined in Article XIV of this chapter, shall be based on following sources and techniques and shall include a complete investigation of elevation, soils and vegetation using the following sources:

(1)

Official Town of Davie aerial photographs (most recent date).

(2)

Official topographic maps of the Town of Davie.

(3)

The presence of Pomello Fine Sand as shown on the Soil Survey of Broward County, Eastern Park (USDA, 1984).

(4)

A field survey compiled by a registered land surveyor, engineer or landscape architect conducted in conjunction with a soils scientist.

(5)

Broward County Natural Resource Areas maps.

(6)

Town of Davie Generalized Natural and Historical Resources Map in the Future Land Use Plan Maps of the Town of Davie Comprehensive Plan.

(B)

Protection Levels: In all developments, the level of protection provided ridges shall be in accordance with this section and shall apply to all ridge areas. Identified ridges are protected in all districts at a level of seventy-five (75) percent.

(C)

Reforestation: Should a landowner develop on land that is classified as disturbed ridge, the landowner shall be required to reforest the portion of the ridge that is required to remain as open space. The reforestation shall include four (4) plant units per acre plus one hundred fifty (150) saplings per acre, all species and the mix of species shall be approved by the town forester or other appropriate designee as species that are historically indigenous to the ridge, and shall be pursuant to an approved detailed landscape plan showing locations, and planting details of all plant units.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

(A)

Determination: The determination of the boundaries of hardwood hammock areas, as defined in Article XIV of this chapter, shall be based on following sources and techniques and shall include a complete investigation of vegetation including dominant plant species using the following sources:

(1)

Official Town of Davie aerial photographs (most recent date).

(2)

A field survey compiled by a registered land surveyor, engineer or landscape architect conducted in conjunction with the town's urban forester, another qualified forester or a biologist.

(3)

Broward County Natural Resource Areas maps.

(4)

Town of Davie Generalized Natural and Historical Resources Map in the Future Land Use Plan Maps of the Town of Davie Comprehensive Plan.

(B)

Protection Levels: In all developments, the level of protection provided hardwood hammocks shall be in accordance with this section. Protection levels apply to both mature and young hardwood hammocks. Identified hardwood hammocks are protected in all districts at a level of one hundred (100) percent. In other words, at a minimum, one hundred (100) percent of a hardwood hammock must be preserved in its undisturbed condition on a developing property.

(Ord. No. 90-4, § 7, 2-21-90)

Editor's note— Ord. No. 2017-023, § 2(Exh. A), adopted August 2, 2017, repealed § 12-66. Former § 12-66 pertained to archaeological sites and derived from Ord. No. 90-4, adopted February 21, 1990.

In some cases, the resources may be mitigated, thus permitting the higher level of disturbance than otherwise permitted by section 12-60 or section 12-56. The resources where mitigation is permitted are wetlands, canal buffers, and citrus groves. When there is to be mitigation, the provisions of this division or other regulating or permitting agencies, whichever is stricter, shall be used. The following are the provisions for mitigation.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2017-023, § 2(Exh. A), 8-2-17)

All wetland mitigation shall be in accordance with the terms and conditions contained in required licenses and permits issued by those federal, state and local agencies exercising jurisdiction over the conduct of dredge and fill activities within wetlands.

(Ord. No. 90-4, § 7, 2-21-90)

Since hardwood hammocks are rare in the town and quite small in extent, mitigation is undesirable. However, subject to the provisions of this section, some mitigation is permitted:

(1)

The mitigation shall be demonstrated to be essential to the layout and design of the property. That is, the developer shall demonstrate, at a special permit hearing, that, because of its location and other standards of this chapter as applied to that particular site, to leave the hammock intact would make it impossible to approach the density or intensity of use permitted in section 12-56.

(2)

The mitigation shall be a 2:1; that is, for every one (1) acres of hammock disturbed, there shall be two (2) new acres of hammock restored.

(3)

The mitigation area shall be restored using thirty (30) plant units per acre.

(4)

All species used in the mitigation shall be native to south Florida hardwood hammocks. The landscape plan shall be approved by the town's urban forester for species and planting to achieve a hammock. The size of fifty (50) percent of the canopy trees and understory trees shall be five (5) inches and three (3) inches, respectively.

(5)

The mitigation area shall be located where it either benefits the town's open space plan or where it enhances the highway frontage and is visible to town residents. It shall not adjoin any interstate highway or a municipal boundary, unless it is approved as an entrance feature for the town.

(6)

The developer shall place easements on the mitigation area protecting the area from further development. Said easements shall run in favor of the town.

(Ord. No. 90-4, § 7, 2-21-90)

Editor's note— Ord. No. 2017-023, § 2(Exh. A), adopted August 2, 2017, repealed § 12-70. Former § 12-70 pertained to archaeological sites and derived from Ord. No. 90-4, adopted February 21, 1990. Similar provisions can be found in div. 7.

Particularly on small sites where there is little room for mitigation on-site, but also on larger sites at the town's discretion, the Town of Davie may accept a fee in lieu of the actual mitigation. Such fee shall provide for the acquisition of land in accordance with the town's Open Space Plan. The fee shall cover the cost of acquiring the land at appraised values of the land programmed for acquisition and the actual installation of the plant materials or other components of the required mitigation. The fee shall also include a one-time donation to fund the maintenance for a twenty-year period.

(Ord. No. 90-4, § 7, 2-21-90)

The open space land in open space developments, excluding open space design development as stated in section 12-290, or planned developments may include active and passive recreational areas, natural areas, citrus groves, bufferyards, stormwater retention areas, trails and areas intended to provide amenities to surrounding uses. A maximum of fifteen (15) percent of the required open space may contain permitted recreational structures, such as community stalls, clubhouses, pools, playgrounds.

In open space design developments, no more than ten (10) percent of the required open space shall contain waterbodies.

The amount of water surface in the open space shall be limited to fifteen (15) percent of the site; the remaining open space shall meet the requirements of net dry land area. While increased water surface area may be desired as a result of site size, site or the existence of natural resources, no variations in lot standards or minimum requirements are permitted to make up for the increased area.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91; Ord. No. 2002-34, § 1, 10-16-02)

Lands which have been acquired by the town pursuant to its open space program or have otherwise been acquired by the town for open space purposes and are owned by the town in fee simple are exempt from the requirements of this chapter as it may be amended from time to time, such chapter being known as the land development code. Any open space lands that are conveyed out of the name of the town shall cease to be exempt from the land development code.

(Ord. No. 93-033, § 1, 11-3-93)

(a)

It is hereby declared that the protection, enhancement, and perpetuation of cultural resources and properties and structures of historical, archaeological, and architectural merit within the town boundaries, as described in the Town Charter, Section 2, Corporate Limits, constitute a public policy of the Town of Davie and in the interest of the town's future prosperity, and the economic, educational, and general welfare of the residents of the Town of Davie, and of the public generally. It is further declared that the preservation of lands containing historical and archaeological sites during a development application process, until completion of that process, constitutes a minimal development control and furthers the health, safety, and welfare of the Town of Davie, by preventing disturbance of valuable community prehistoric and historical sites during the application process, and by allowing governmental and private land planning activities to provide for appropriate incorporation of historic resource sites, archaeological zones, and sites containing archaeological materials into development plans. It is further declared that this public policy is intended to:

(1)

Effectuate and accomplish the protection, enhancement, and perpetuation of buildings, structures, improvements, archaeological resources, landscape features, and architectural resources of sites and districts which represent distinctive elements of the town's cultural, social, economic, political, scientific, religious, prehistoric, and architectural history.

(2)

Safeguard the town's historical, cultural, archaeological, and architectural heritage as embodied and reflected in such individual structures, sites, and districts and to protect such structures, sites, and districts in order to maintain physical evidence of the town's heritage.

(3)

Foster civic pride in the accomplishments of the past.

(4)

Protect and enhance the town's attraction to visitors and to support and stimulate the economy thereby.

(5)

Promote the use of individual structures, sites, and districts for the education, pleasure, and welfare of the residents of and visitors to the Town of Davie.

(b)

In order to implement and give effect to this public policy, the Town of Davie Town Council shall appoint a historic preservation board who shall have the authority to make recommendations on historic resource designations; approve, approve with conditions, or deny certificates of appropriateness and certificates to dig; and carry out any other duties assigned to it by the Town of Davie Town Council.

(Ord. No. O2021-003, § 2(Exh. A), 1-20-21)

(a)

Unless expressly exempted below, no building permits shall be issued for new construction, demolition, alteration, rehabilitation, signage, or any other physical modification of a designated historic resource, without the prior issuance of a certificate of appropriateness by the Town of Davie Historic Preservation Board, in accordance with the procedures specified in this article.

(b)

The following permits are exempt from the regulations of this article:

(1)

All permits for plumbing, heating, air conditioning, elevators, fire alarms, and fire extinguishing equipment, and all mechanical and electrical equipment that do not involve exterior changes or navigable waterway, or changes to an interior not previously designated as a historic resource and not visible from the public right-of-way or navigable water.

(2)

Any permit necessary for compliance with a lawful governmental order necessary for the immediate preservation of public health or safety.

(Ord. No. O2021-003, § 2(Exh. A), 1-20-21)

The following terms and phrases shall specifically apply to the provisions provided within this article:

(a)

Addition. Shall mean any new construction that adds mass to an existing historic resource.

(b)

Alteration. Shall mean any act or process that alters any of the following aspects of a historic resource:

(1)

The exterior architectural appearance;

(2)

Any interior or exterior feature that has been designated as a historic resource;

(3)

Any interior structural feature that is visible from a public right-of-way or a navigable waterway; or

(4)

When located within a non-residentially zoned designated historic district, the introduction, placement, or replacement of accessories or other personal property, including, but not limited to, furniture placed outdoors, pushcarts, and mobile or non-mobile vending machines or trolley cars placed on private property.

(c)

Town archaeologist. Shall mean a person either employed or contracted by the town who is qualified in the anthropological study of past human cultures through systematic recovery of material remains such as buildings, tools, and pottery.

(d)

Archaeological materials. Shall mean human skeletal materials or human-manufactured objects, or natural objects altered by human activity, found on or beneath the surface of the ground and shall include, but not be limited to, pottery, basketry, bottles, weapons, weapon projectiles, tools, structural and building ruins, graves, any earthen mounds, middens or landscape features of human manufacture, or any portion or piece of any of the foregoing items. Unmarked human remains and associated burial artifacts and materials that are seventy-five (75) years of age or more are considered archaeological materials for the purpose of this article. Structures, and non-fossilized and fossilized paleontological resources, or any portion or piece thereof, shall not be considered archaeological materials under this article, unless found within an archaeological site, archaeological zone, or during an archaeological salvage excavation. Except as specified in this paragraph, no item shall be treated as a historic resource under this article unless such item is at least one hundred (100) years of age.

(e)

Archaeological salvage excavation. Shall mean a process designed to prevent activity causing adverse impact on cultural resources by systematic removal of prehistoric or historical cultural remains, in order to acquire the fundamental information necessary for understanding the site within its proper historic context. This process requires an appropriate field survey, excavation, artifact analysis, and curation reports.

(f)

Archaeological site. Shall mean a location that has yielded or is likely to yield the presence of archaeological materials on or below the ground and information indicating the past use of the site by humans. An archaeological site may be identified using onsite investigations or site-predictive models pursuant to the criteria set forth in this Code.

(g)

Archaeological zone. Shall mean an area that has yielded or is likely to yield largely subsurface information on the prehistory or history of the town based on prehistoric or historic settlement and land use patterns within the town, as determined in consultation with the town archaeologist and the State of Florida Division of Historical Resources. These zones will tend to conform to certain natural physiographic features that were the focal points for prehistoric and historic activities. Archaeological zones shall be recorded on a map of the Town Archaeological Zones to be maintained and amended as necessary by the historic preservation officer.

(h)

Board. Shall mean the Town of Davie Historic Preservation Board.

(i)

Building. Shall mean a structure created to shelter any form of human activity. This may refer to a house, barn, garage, church, hotel, or similar structure. Building may also refer to a historically-related or architecturally-related complex.

(j)

Certificate of appropriateness (COA). Shall mean a certificate issued by the historic preservation board indicating approval of plans for specified alteration, rehabilitation, construction, reconstruction, removal, relocation, or demolition of a historic resource.

(k)

Certificate to dig (CTD). Shall mean a certificate indicating approvals of plans for specific digging projects that are anticipated to yield archaeological or paleontological materials in an archaeological or paleontological zone or site designated as a historic resource. This certificate shall be issued by staff of the historic preservation board, when required and approved pursuant to this Code.

(l)

Certified local government (CLG). Shall mean a local historic preservation program which has been certified by the Florida Department of State, Division of Historical Resources in accordance with the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.).

(m)

Construction. Shall mean the erection of an onsite improvement to a designated site or to a building, parcel, or grounds located within a historic resource site, whether the resource is presently improved or unimproved, or hereafter becomes unimproved by demolition or as a result of destruction of an improvement located thereon by fire, windstorm, or other casualty, or otherwise.

(n)

Contributing resource. Shall mean a building, site, structure, or object that adds to the historic, architectural, archaeological, or paleontological significance of a historic district.

(o)

Demolition. Shall mean any act that destroys in whole or in part a historic resource.

(n)

Demolition by neglect. Shall mean improper or inadequate maintenance of a historic resource that results in its substantial deterioration and threatens the continued preservation of the historic resource.

(q)

Exterior. Shall mean all outside surfaces or elements of a building or structure.

(r)

Florida master site file (FMSF). Shall mean an archive and database of all known archaeological and historical sites and districts recorded within the State of Florida, as maintained by the Florida Department of State, Division of Historical Resources.

(s)

Historic district. Shall mean an area designated by the board, located within defined geographic boundaries, which contains two (2) or more contributing resources and which may contain noncontributing resources and vacant land within its boundaries.

(t)

Historic preservation officer (HPO). Shall mean the staff person appointed by the town administrator, who is directly responsible for administering this article and for carrying out the duties and responsibilities delegated by the State of Florida CLG Program. The HPO shall meet the professional qualifications standards of the guidelines and standards of the United States Secretary of the Interior as published in the Code of Federal Regulations, 36 C.F.R. Part 61.

(u)

Historic resource. Shall mean a building, structure, object, site, or other real or personal property, of historic, architectural, archaeological, or paleontological value, including an individual resource, contributing resource, or noncontributing resource, landscape feature, or vacant land within a historic district that is individually designated by the board as a historic resource.

(v)

Historic survey. Shall mean a comprehensive listing or inventory of buildings, sites, landscape features and structures of any historical, cultural, archaeological, paleontological, or architectural importance in the town.

(w)

Integrity. Shall mean the authenticity of a resource's historic identity, evidenced by the survival of physical characteristics that existed during the resource's historic or prehistoric period.

(x)

Landscape feature. Shall mean any improvement or vegetation on a site, including outbuildings, walls, fences, courtyards, fountains, trees, sidewalks or pathways, planters, gates, street furniture, rock formations, solution holes, statuaries, or exterior lighting.

(y)

Mass. Shall mean the envelope or cubic footage of the structure, including, but not limited to, all habitable space, garages, attics, storage areas, and porches.

(z)

National Register of Historic Places. Shall mean the list of historic properties significant in American history, architecture, archaeology, engineering, and culture, maintained by the secretary of the interior, as established by the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.).

(aa)

New construction. Shall mean any new building, structure, object, or addition to a historic resource.

(bb)

Noncontributing resource. Shall mean a resource within a historic district that is not historically or architecturally compatible with contributing resources within the district.

(cc)

Ordinary maintenance. Shall mean minimal work conducted on a historic resource which specifically stems deterioration and exactly replicates the existing material of the resource in form and substance.

(dd)

Paleontological resource. Shall mean any vertebrate fossils, including bones, teeth, natural casts, molds, impressions, and other remains of prehistoric fauna, preserved in or on the earth's crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include:

(1)

Any materials associated with an archaeological resource, as defined in Section 3(1) of the Archaeological Resources Protection Act of 1979, 16 U.S.C. 470bb(1); or

(2)

Any cultural item, as defined in Section 2 of the Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001.

(ee)

Paleontological site. Shall mean a location that has yielded or is likely to yield information important to the understanding and scientific study of paleontological resources. A paleontological site is evidenced by the presence of paleontological materials on or below the ground surface indicating past use of a location by humans.

(ff)

Paleontological zone. Shall mean an area likely to yield largely subsurface information on the prehistory and fossil history of the town based on prehistoric environmental patterns within the town, as determined in consultation with the Florida Museum of Natural History. Paleontological zones will tend to conform to certain geological features and deposits and shall be recorded on a map of the town paleontological zones to be maintained and amended as necessary by the HPO.

(gg)

Period of significance. Shall mean the period of time from which a historic resource's importance is derived.

(hh)

Relocation. Shall mean the movement of a historic resource, including movement on its own site. Relocation shall also include the introduction of a historic resource or previously non-designated resource onto the site of a historic resource.

(ii)

Scale of a building. Shall mean the ratio of the mass of the building to the total buildable area of the property, as defined by maximum setback, step-back, and height requirements.

(jj)

Secretary of the interior's standards. Shall mean the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, and Archaeological Documentation, codified at 36 C.F.R. Part 68, and the Archaeological Program, codified at 36 C.F.R. Part 79, published by the United States Department of the Interior, and those guidelines developed by the secretary of the interior to guide work undertaken on historic and archaeological resources.

(kk)

Setting. Shall mean the environment in which a historic resource is located, including, but not limited to, the view shed, water frontage, or streetscape.

(ll)

Streetscape. Shall mean the appearance or view along the public right-of-way adjacent to a historic resource.

(mm)

Structure. Shall mean a man-made object built or constructed for a functional use that is not intended to shelter human activity, such as a fence or a windmill.

(nn)

View shed. Shall mean the views to and from a historic resource.

(Ord. No. O2021-003, § 2(Exh. A), 1-20-21)

(a)

Criteria of designation.

(1)

Any site, building, structure, object, or district that is listed in the National Register of Historic Places may be designated.

(2)

A site, building, structure, object, landscape feature, or district that is not listed in the National Register of Historic Places may be designated only if it conveys an overall sense of past time and place by possessing at least three (3) of the following attributes of integrity: location, design, setting, materials, workmanship, and association, and is characterized by one (1) or more of the following:

a.

Events associated with the site, building, structure, object, landscape feature, or district have made a significant contribution to the cultural, social, political, economic, scientific, religious, prehistoric, paleontological, or architectural history and have contributed to the pattern of history in the community, the town, South Florida, the State of Florida, or the nation; or

b.

The site, building, structure, object, landscape feature, or district is associated with the lives of persons significant in local, state, or national history; or

c.

The site, building, structure, object, landscape feature, or district embodies the distinctive characteristics of a type, period, or method of construction; represents the work of a master builder, architect, or designer; possesses high artistic values; or represents a significant and distinguishable entity, the components of which may lack individual distinction; or

d.

The site, building, structure, object, landscape feature, or district has yielded, or may be likely to yield, information important in prehistory or history; or

e.

The site, building, structure, object, or district has achieved significance within the last fifty (50) years as a result of the extraordinary importance of an event that occurred at the site on a local, state, or national level; the uniqueness or singularity of the resource; the community's strong associative attachment to the resource; or the significance of a building's association with a renowned architect, engineer, or builder; or

f.

The archaeological site is located within an archaeological zone, the site has been previously recorded with the Florida Master Site file, and the town has made a good-faith effort to obtain access to the property to conduct a reconnaissance level archaeological survey, but access to the property has been denied.

(3)

Interior spaces shall not be designated unless the interiors have exceptional architectural, artistic, or historic importance, and are customarily open to the public.

(4)

A resource must be at least fifty (50) years of age or, if less than fifty (50) years old, must possess exceptional importance.

(b)

Procedure for designation.

(1)

A site, building, structure, object, landscape feature, or district may be requested for designation using a historic designation application form, available from the HPO, and shall be completed by the applicant and returned to the HPO.

(2)

An owner of a property, site, building, structure, object, landscape feature, or district, may make application to the historic preservation board for consideration of a property, site, building, structure, object, landscape feature or district as a historic resource.

(3)

Historic designation applications must contain the legal description of the historic site, building, structure, object, landscape feature, or district requested for designation, and evidence regarding the ownership of the property. The boundaries of the historic designation site shall be established as follows:

a.

For designation of an individual historic resource, the boundary shall be the original site as it was associated with the nominated historic resource during its period of significance. If a portion of the original site containing the historic resource has been sold or developed, that portion of the site that is currently associated with the historic resource shall constitute the boundary.

b.

For a historic district, the boundary shall be the geographic perimeter of the grouping of sites and properties included in the district or historical development boundary area, or a portion thereof.

(4)

Upon receipt of an application for designation, the HPO shall review the application and supporting documentation for completeness and accuracy. Once determined complete and accurate by the HPO, the application shall be placed on the agenda of the next available, regularly scheduled meeting of the historic preservation board. At that meeting, the historic preservation board will conduct a public hearing and make a determination of eligibility for historic designation and whether to recommend to the town council approval, approval with conditions, or denial of the application or, if necessary, make the determination whether to recommend designation at a subsequent date.

(5)

The designation of the site, building, structure, object, landscape feature, or district as a historic resource shall not exceed the scope of the actual application for, or the extent of notice of public hearing on, the site, building, structure, object, landscape feature, or district for designation.

(6)

Notice of the historic preservation board's public hearing to consider the application shall be provided by the HPO by placing an advertisement in a newspaper of general circulation at least fifteen (15) calendar days prior to the hearing pursuant to this section. Additionally, the HPO shall mail notice of the board's public hearing by certified mail, return receipt requested, to all addresses of the owner that are on record with the Broward County Property Appraiser's Office and the address listed on the application at least fifteen (15) calendar days in advance of the public hearing.

(7)

The historic preservation board shall act upon the application within sixty-five (65) calendar days after the date of the meeting at which the application is first considered. In the event the Historic Preservation Board does not act upon the application within the sixty-five (65) calendar days, the application shall be deemed to be denied without prejudice, so as to permit the applicant to file a subsequent application. A written recommendation shall be forwarded to the town council for approval, approval with conditions, or denial of the application, based upon the evidence presented at a public hearing before the board.

(8)

Notice of the town council hearing to consider the application shall be provided by the HPO by placing an advertisement in a newspaper of general circulation at least fifteen (15) calendar days prior to the public hearing. Additionally, the property owner, or the owner's authorized agent, as indicated on the town tax roll, unless staff is presented evidence of a different owner, will be mailed notice by the HPO at least fifteen (15) calendar days in advance of the public hearing. Such notice shall be by certified mail, return receipt requested.

(9)

If the property owner of an individual historic resource application consents to designation, a simple majority vote of the town council shall be required to designate a historic resource. If an individual historic resource designation lacks owner consent, then a majority vote plus one (1) of the town council shall be required.

(10)

No permits for any demolition, alteration, construction, relocation, land disturbance, or development activities shall be issued once a notice of application is delivered to the property owner until the town council acts to approve or deny the nomination, or for six (6) months after delivery of the notice, whichever shall first occur.

(11)

Appeals of a decision of the town council regarding the designation or failure to designate a property as a historic resource shall be by appropriate action pursuant to the Florida Rules of Civil Procedure and Florida Rules of Appellate Procedure.

(12)

Whenever an application for designation has been denied, the HPO shall not accept the same or substantially the same application for designation for a period of one hundred eighty (180) days from the date of the denial. The above time limit may be waived by the board or town council by an affirmative vote of a majority of individuals on the board or town council when the board or town council, as applicable, deems, based upon evidence provided by the applicant, such action necessary due to changed circumstances, to prevent an injustice, or to facilitate the proper development of the town.

(Ord. No. O2021-003, § 2(Exh. A), 1-20-21)

(a)

A historic resource shall be designated in accordance with this article by resolution of the town council describing the historic resource designated by folio number and any other information that further specifies the resource so designated and, upon adoption, shall be recorded in the public records of Broward County at the expense of the applicant.

(b)

The HPO shall forward the resolution of the town council designating a historic resource to the planning and zoning board for review and consideration for designation on the town land use plan map as a cultural resource/local area of particular concern.

(Ord. No. O2021-003, § 2(Exh. A), 1-20-21)

(a)

Certificate of appropriateness (COA) required:

(1)

No person shall undertake any of the following actions affecting a designated historic resource without first obtaining a COA from the historic preservation board:

a.

Alteration of the exterior architectural appearance or features of a building or a structure or designated interior portion of a building, structure, object, or site;

b.

New construction;

c.

Relocation;

d.

Demolition or removal;

e.

Land disturbance;

f.

Development activities; or

g.

Significant landscaping additions and landscape improvements such as patios, gazebos, trellises, walkways, lighting poles, pools, and fountains.

(2)

Review of new construction and alterations to designated buildings and structures shall be limited to the exterior of a site. Interiors of a designated historic resource site shall be excluded from review unless included as historically or architecturally significant in the scope of the designation.

(3)

A COA shall be a prerequisite and in addition to any other permits required by law. The issuance of a COA by the historic preservation board shall not relieve the property owner of the duty to comply with other state and local laws and regulations.

(4)

Ordinary repairs and maintenance to a building or structure that are otherwise permitted by law may be undertaken without a COA, provided the work on a historic resource does not alter the exterior architectural appearance or features of the exterior or designated interior, or alter elements significant to its architectural, archaeological, or historic integrity.

(5)

If a COA for relocation is approved, the historic resource shall remain designated during and after its relocation. After relocation, the historic resource site designation shall be amended to reflect the new site location.

(6)

Except as set forth in this article, no building permit shall be issued by the town building official which affects any historic resource without an authorized COA.

(b)

Application procedures for a COA:

(1)

The property owner or agent shall complete and file an application with the HPO.

a.

Applications shall be accompanied by drawings, plans, or specifications of sufficient detail to show the proposed exterior or designated interior alterations, additions, changes, or new construction as are reasonably required for decisions to be made by the historic preservation board.

b.

Such drawings, plans, or specifications shall include as built or original drawings of exterior elevations, floor plans, and architectural design. Project information, including proposed materials, textures, and colors, and all improvements such as walls, walks, terraces, plantings, accessory buildings, signs, lights, and other appurtenant elements.

c.

A preapplication meeting between the applicant and HPO is recommended prior to application submittal so that a preliminary assessment of the project's compliance with standards and suggestions for modifications can be made.

(c)

Public meetings for COAs:

(1)

The historic preservation board shall schedule a public hearing on each application for a COA within forty-five (45) calendar days after receipt of a completed application. The HPO shall determine when an application is complete and provide staff analysis and review to the historic preservation board. No hearing shall be scheduled, sooner than fifteen (15) calendar days after mailing the applicant notice of the hearing. Within sixty-five (65) calendar days after the hearing, the board shall issue an order based on the criteria outlined in this section. The historic preservation board's hearing may be continued with good cause shown, supported on the record, for a period not to exceed ninety (90) calendar days. If the historic preservation board fails to issue an order on an application within the specified time period, the application shall be deemed denied. The historic preservation board shall approve, approve with conditions, or disapprove each application based on the criteria contained in this article. In the event an applicant has alleged that strict enforcement of the provision of this article would result in the deprivation of all reasonable economically beneficial use of such property, the historic preservation board shall hear evidence pertaining to the allegation simultaneously with the hearing for the issuance of the COA.

(2)

Appeals of the denial or the approval with conditions of a COA, where the applicant has alleged that the enforcement of the provisions of the article would result in the deprivation of all reasonable economically beneficial use of such property, shall be heard by the town council. The hearing shall be noticed and heard in accordance with the provisions of this article regarding other quasi-judicial hearings before the town council. All other appeals of a decision of the historic preservation board with regard to the issuance of a COA shall be by writ of certiorari to the circuit court pursuant to the Florida Rules of Civil Procedure, within thirty (30) calendar days after the rendition of the historic preservation board's order.

(d)

General criteria and guidelines for granting COAs: In addition to the secretary of the interior's standards, the HPB shall consider the following general criteria and guidelines:

(1)

Whether the proposed modification has a material effect on the historic resource.

(2)

Whether the proposed modification will affect the historic and architectural significance, architectural style, design, arrangements, texture, materials, and color of the historic resource.

(3)

Whether denial of a COA would deprive the property owner of all reasonable economically beneficial use of such property.

(4)

Whether the plans may be reasonably carried out by the applicant.

(5)

Whether the proposed work will have a negative impact on the historic resource upon which such activity is to be done.

(6)

Whether the proposed work will have a negative impact on other historic resources on the site or on other historic resources within its view shed.

(e)

Additional guidelines relating to alterations: In approving or denying applications for a COA for alterations, in addition to the general criteria listed in subsection (d) above, the historic preservation board shall determine:

(1)

Whether the distinguishing original qualities or character of a building, structure, or site and its surrounding environment will be retained. Whenever reasonably possible, historic material or distinctive exterior architectural features will not be removed or altered.

(2)

Whether the proposed alterations change, destroy, or adversely affect any exterior architectural feature upon which the alterations are to be performed.

(3)

Whether the alterations will protect, enhance, or perpetuate the structure, building, or site.

(4)

If replacement of an architectural feature is necessary, whether the new material is compatible with the material being replaced in composition, design, color, and texture.

(5)

Whether distinctive stylistic features or examples of craftsmanship which characterize a building, structure, or site will be preserved.

(6)

Whether every reasonable effort is being made to protect and preserve archaeological resources on or adjacent to the site, or that may be affected by, any alterations, rehabilitation, restoration, or reconstruction project.

(f)

Additional guidelines relating to new construction: In approving or denying applications for a COA for new construction, the historic preservation board shall consider the following criteria, in addition to other general criteria listed in subsection (d) above, in order to determine whether:

(1)

The height of the proposed building is visually compatible with adjacent or surrounding buildings or structures.

(2)

The width of the proposed building is visually compatible with the height of the building, as well as with adjoining or surrounding buildings or structures.

(3)

The open space area between the proposed building, and adjoining or surrounding buildings or structures, is visually compatible.

(4)

The materials, textures, and colors of the facade of the proposed building or structure are compatible with the predominant materials used in adjacent or surrounding buildings or structures to which they are visually related.

(5)

Appurtenances of a building or structure, such as walls, wrought iron fences, landscaping, or building facades are visually compatible with the building or structure to which they are visually related.

(6)

Additions to historic resources are sited as inconspicuously as reasonably possible and, with the exception of waterfront properties, towards the rear. All additions shall be designed to complement the historic resource in terms of scale, shape, and materials, while at the same time being readable as differentiated from and compatible with the old work.

(g)

Additional requirements relating to request to relocate a historic resource: In approving or denying applications for a COA for relocation of a historic resource, the historic preservation board, in addition to the general criteria listed in subsection (d) above, shall consider the following:

(1)

Whether the relocation will affect the contribution the building or structure makes to its present setting.

(2)

Whether there are definite plans for the site to be vacated.

(3)

Whether the building or structure can be moved without significant damage to its physical integrity.

(4)

Whether the building or structure is compatible with the building or structure on its proposed site or adjacent properties.

(5)

Whether it has been demonstrated that no viable preservation alternatives exist at its present location.

(6)

Whether all necessary measures will be taken to protect and preserve archaeological and paleontological resources affected by, or adjacent to, a historic resource. A CTD shall also be required for relocation of a historic resource if the resource is one hundred (100) years old or older.

(h)

Additional requirements relating to requests for demolition: Demolition of a historic resource may occur pursuant to an order of a government agency, a court of appropriate jurisdiction, or, if granted, pursuant to an application by the owner or owner's agent for a COA for demolition from the historic preservation board.

(1)

In approving or denying applications for a COA for demolition of a historic resource, in addition to the general criteria listed above, the following criteria shall be considered:

a.

Whether the application concerns a noncontributing resource;

b.

Whether the historic resource no longer retains its significance due to permitted alterations or extensive damage caused by fire, flood, or storm;

c.

Whether the demolition is of major benefit to a historic district;

d.

Whether the historic or architectural importance of the historic resource is significant;

e.

Whether the historic resource is one (1) of the last remaining examples of its kind in the neighborhood, the town, or the region;

f.

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;

g.

Whether reasonable measures can be taken to save the historic resource; and

h.

Whether failure to issue the COA for demolition will deprive the owner of all reasonably economically beneficial use of the owner's property.

(2)

In addition to the items listed in subsection (b)(1) above, the applicant shall provide the following information to the historic preservation board:

a.

Name of owner of record.

b.

Site plan showing all buildings and structures located on the property.

c.

Recent photographs of the building or structure proposed for demolition.

d.

Reasons for requesting demolition and method of demolition to be used.

e.

Proposed future use of the site and of the materials from the demolished building or structure.

(3)

In addition to the notice requirements set forth in subsection (c), notice shall be provided by the HPO, by U.S. mail, postage prepaid, to record owners of land lying within three hundred seventy-five (375) feet of the historic resource, mailed at least fifteen (15) calendar days before the quasi-judicial hearing.

(4)

In considering an application for a COA for demolition of a historic resource, the historic preservation board shall consider any evidence, reports, or testimony as to whether the criteria have been met. The historic preservation board shall render a decision either to deny, approve with conditions, or approve the application for demolition within forty-five (45) calendar days after the public hearing. If the historic preservation board fails to issue an order on an application within the specified time period, the application shall be deemed approved.

(5)

If an application for demolition of a COA for a historic resource is filed, the approval of the COA for demolition shall be a prerequisite to the issuance of any other town permits for a historic resource. However, the issuance of a COA for a demolition shall not occur until all other approvals required for the redevelopment of the subject site by the Town of Davie. If no approvals are required for the redevelopment, the issuance of a COA for a demolition shall not occur until the preliminary permit is issued by the Town of Davie, for any ground disturbance for the redevelopment of the subject site.

(i)

Application for economic hardship exception: Where, by reason of particular site conditions and restraints, or because of unusual circumstances applicable solely to a particular historic resource or site upon which a resource is located, strict enforcement of the provisions of this article would result in the deprivation of all reasonable economically beneficial use of the historic resource or site upon which the resource is located, the historic preservation board shall vary or modify adherence to this article; provided always that its decision shall ensure harmony with the general purposes of this article and will not adversely affect the Town of Davie. In any instance where there is a claim of undue economic hardship, the applicant shall submit, by affidavit, to the historic preservation board at least fifteen (15) calendar days prior to the public hearing, the following information:

(1)

Amount paid for the property, date of purchase, the description of the entire property purchased, and party from whom the property was purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased.

(2)

Assessed value of the land and improvements thereon according to the most recent assessment of the Broward County Property Appraiser.

(3)

For depreciable properties, a pro forma financial statement, indicating the profits and losses of the property for the current and preceding two (2) years, prepared by an accountant or broker of record.

(4)

All appraisals obtained by the applicant in connection with the purchase or financing of the property, or obtained during the applicant's ownership of the property.

(5)

Bona fide offers of the property for sale or rent, price asked, and offers received, if any.

(6)

Any consideration by the applicant as to profitable, adaptive reuses for the property.

(7)

The historic preservation board may further require that an applicant furnish such additional information as relevant to its determination of undue economic hardship. The owner shall permit access to the subject property for the purpose of inspections and appraisals required by the historic preservation board or the HPO. In the event an applicant has alleged that strict enforcement of the provisions of this article would result in the deprivation of all reasonable economically beneficial use to the applicant, evidence pertaining to this allegation shall be provided before or at the hearing for the issuance of the COA as set forth in this article. All interested persons shall be allowed to participate in the hearing.

(j)

All alterations or repairs shall be performed pursuant to the terms and conditions of the COA.

(k)

It shall be the responsibility of the appropriate building official and the HPO to inspect from time to time any work being performed in their respective jurisdictions to ensure compliance with a COA. In the event work is not being performed in accordance with the COA, the building official shall issue a stop work order until it is demonstrated that work will commence consistent with the COA or, if necessary, that an amended COA has been obtained. No additional work shall be undertaken as long as the stop work order remains in effect.

(l)

Whenever the historic preservation board has taken action to deny a request for a COA, the HPO shall not accept the same or substantially the same request for a COA for a period of one hundred eighty (180) calendar days from the date of the denial by the historic preservation board. The above time limit may be waived by the historic preservation board or town council by an affirmative vote of a majority of individuals on the board or town council when the board or town council, as applicable, deems, based upon evidence provided by the applicant, such action necessary due to changed circumstances, to prevent an injustice, or to facilitate the proper development of the town.

(Ord. No. O2021-003, § 2(Exh. A), 1-20-21)

(a)

Certificate to dig (CTD) required:

(1)

Within a designated archaeological or paleontological site or zone, or historic resource site or property containing archaeological or paleontological resources or artifacts, no person shall undertake any of the following actions affecting the site or property, without first obtaining a fully executed CTD from the HPO for:

a.

Any new construction, filling, digging, removal of trees, or other activity that may alter or reveal archaeological material or paleontological material; or

b.

Any alterations, relocations, new construction, or demolitions when ground disturbance is likely to occur within an archaeological or paleontological site or zone.

(2)

A CTD shall be a prerequisite and in addition to any other permits required by law. The issuance of a CTD by the HPO shall not relieve the property owner of the duty to comply with other state and local laws and regulations.

(b)

General criteria and guidelines for granting a CTD: In addition to the secretary of the interior's standards, the HPB shall consider the following general criteria and guidelines:

(1)

Whether the proposed work will have an effect on a known or anticipated historic resource;

(2)

Whether the extent to which the historic, archaeological, paleontological significance of the historic resource will be affected by the proposed work is within the secretary of the interior's standards;

(3)

Whether denial of a CTD would deprive the property owner of all reasonable economically beneficial use of such property;

(4)

Whether the plans may be reasonably carried out by the applicant;

(5)

Whether the proposed work will have a negative impact on the historic resource upon which such activity is to be done; and

(6)

Whether the proposed work will have a negative impact on other historic resources on the site or on other historic resources within its view shed.

(c)

Application procedures for a CTD:

(1)

The owner or agent shall complete and file an application with the HPO.

a.

Applications shall be accompanied by drawings, plans, or specifications of sufficient detail to show the proposed alterations, additions, changes, or new construction and locations of ground disturbance activities as are reasonably required for decisions to be made by the HPO.

b.

Within twenty (20) calendar days after the date that the application has been deemed complete, the HPO shall approve the application for a CTD, approve the application with conditions, or deny the application. In the event that no decision has been rendered within twenty (20) calendar days, the application shall be deemed to be approved.

c.

The CTD may be made subject to specified conditions, including, but not limited to, those regarding site excavation.

d.

The determination of the HPO shall be mailed to the owner or agent by registered mail within seven (7) calendar days after the decision of the HPO.

e.

The owner or agent shall have the opportunity to appear before the historic preservation board to challenge the HPO decision or any conditions attached to the CTD by requesting a meeting of the historic preservation board within ten (10) calendar days after the receipt of notification of the decision on the CTD application is made to applicant either through mailing with proof of delivery or otherwise in writing with proof of delivery.

f.

Whenever a request for a CTD has been denied, the HPO shall not accept the same or substantially the same request for a CTD for a period of one hundred eighty (180) calendar days from the date of the denial. The above time limit may be waived by the board or town council by an affirmative vote of a majority of individuals on the board or town council when the board or town council, as applicable, deems, based upon evidence provided by the applicant, such action necessary due to changed circumstances, to prevent an injustice, or to facilitate the proper development of the town.

1.

The request shall be placed on the agenda of the next available, regularly scheduled meeting of the historic preservation board to review the original HPO decision. The historic preservation board may uphold or modify the HPO decision after considering de novo, the application, statement, and evidence presented by the owner or agent, and statements and evidence presented by the HPO.

2.

The decision of the historic preservation board shall be mailed to the owner within fourteen (14) calendar days after the date of the meeting.

3.

An approved CTD shall contain an effective date, not to exceed sixty (60) calendar days after the decision, at which time the proposed activity may begin, unless the historic preservation board initiates the nomination process for the site in question as a historic resource or historic district. In such a case, all the rules and regulations pertaining to the nomination process for a historic resource shall apply.

(d)

All work performed pursuant to the issuance of a CTD shall conform to the requirements of such certificate. It shall be the responsibility of the appropriate building official and the HPO to inspect from time to time any work being performed to ensure compliance with a CTD. In the event work is not being performed in accordance with the CTD, the building official shall issue a stop work order until it is demonstrated that work will commence consistent with the CTD or, if necessary, that an amended CTD has been obtained. No additional work shall be undertaken as long as the stop work order remains in effect.

(e)

To assist in implementing this section, the town shall adopt a map of known archaeological and paleontological sites and conservation areas. Said map shall be kept and maintained in the offices of the HPO and shall be available for public inspection.

(f)

At least annually, the HPO shall review the map and the Florida master site file (FMSF) for possible map amendments.

(g)

In the event that any archaeological materials are uncovered during development activities, such development activities in the immediate vicinity of the discovery site shall be discontinued, and certain actions shall be taken by the property owner.

1.

The property owner shall:

a.

Notify the HPO of the discovery.

b.

Allow a Phase 1 level survey of the property completed by a professional archaeologist meeting the qualifications and standards established by 36 C.F.R. Part 61. In the event the property owner does not consent to pay for a Phase I level survey, the town archaeologist shall complete the required survey.

c.

Submit the survey to the HPO for review and evaluation, and to the FMSF section of the Florida Division of Historical Resources. If the town archaeologist prepares the Phase 1 level survey, the survey shall be submitted to the Florida master site file section of the Florida Division of Historical Resources for review and evaluation.

2.

If the professional archaeologist or the town archaeologist determines that the site is not significant, and said determination is verified by the HPO and the town archaeologist, or in the case of the town archaeologist, the FMSF section of the Florida Division of Historical Resources, then development activities may resume immediately. If the HPO fails to respond within fourteen (14) calendar days after receipt of said survey, the determination of the professional archaeologist that the site is not significant shall be presumed to be valid.

3.

If the site is determined to be significant, within thirty (30) calendar days after the determination of significance of the Phase 1 level survey, the historic preservation board shall initiate preservation of the site by any of the following:

a.

Designate the site as a historic resource;

b.

Recommend approval of incorporation of the site into a site development plan;

c.

Initiate public acquisition of the site;

d.

Offer transfer of development rights to the owner or developer, if available;

e.

Recommend offering tax incentives to the owner or developer pursuant to Section 193.505, Florida Statutes; or

f.

Allow development activities to proceed under the supervision of a professional archaeologist, at a level of supervision to be determined by the archaeologist, to ensure protection of the site.

4.

If preservation of the site is not feasible, development activities in the immediate area of the discovery shall be delayed for a period of time not to exceed three (3) months after the date of receipt of the Phase 1 level survey. During this three (3) month period, representatives of the State Division of Historical Resources, the historic preservation board, the HPO, or the agents and employees of the Town of Davie shall seek the right of access to the immediate area to survey. A professional archaeologist retained by the owner or developer shall conduct an archaeological salvage excavation of the area within which the discovery was made; provided, however, that development shall resume upon either the completion of such archaeological salvage excavation or the expiration of the three-month period, whichever first occurs. If necessary, the three-month time period may be extended for an additional three-month time period to allow for completion of the survey and archaeological salvage excavation. If access to the site is denied, the CTD shall be denied.

(Ord. No. O2021-003, § 2(Exh. A), 1-20-21)

(a)

Every owner of a historic resource shall properly maintain and keep in good repair and shall not permit demolition by neglect to occur:

(1)

All of the exterior portions of such buildings or structures;

(2)

All interior portions which, if not maintained, may cause the building or structure to deteriorate or to become damaged or otherwise to fall into a state of disrepair; and

(3)

If the site contains archaeological materials, the owner shall be required to maintain the property in such a manner so as not to adversely affect the integrity of the archaeological zone or historic resource; or

(4)

In the alternative to [subsections] (1)—(3) above, seek a COA based upon a deprivation of reasonable economically beneficial use of such property.

(b)

In order to preserve, the historic preservation board may refer violations of this section to the town's special magistrate per chapter 6.

(c)

The requirements of this section shall be in addition to any and all requirements of the local government having jurisdiction and the Florida Building Code that require buildings or structures to be maintained in good repair. It is the intent of this section to preserve, from either deliberate or inadvertent neglect, the exterior features of historic resources and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the historic resource. All such historic resources shall be preserved against such decay and deterioration and be maintained free from structural defects through correction of any of the following deficiencies:

(1)

Facades which may fall and injure the subject or adjoining structure or building, or members of the public.

(2)

Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports.

(3)

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.

(4)

Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors

(5)

Any fault or defect in the structure or building which renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight.

(d)

A property owner who believes that the application of this section creates an undue economic hardship may request relief pursuant to Code.

(Ord. No. O2021-003, § 2(Exh. A), 1-20-21)

The Town of Davie hereby finds that the unauthorized alteration, demolition, or demolition by neglect, of structures or sites designated as historic resources is a violation of this article, constituting a public nuisance; and, as such, the town attorney, upon approval, the town council may seek an injunction, in addition to any other legal remedies available.

(Ord. No. O2021-003, § 2(Exh. A), 1-20-21)

The provisions of this article shall be enforceable by the town pursuant to chapter 6 of the Town Code.

(Ord. No. O2021-003, § 2(Exh. A), 1-20-21)

(a)

There is hereby created a Town of Davie Historic Preservation Trust Fund Account ("trust fund account") for accepting and disbursing gifts, grants, and awards made to the town for the benefit of historic preservation.

(b)

The trust fund account is to be self-perpetuating from year to year unless abolished by the town council.

(c)

The trust fund account shall be for the use of the Town of Davie such that the funds therein will inure to the use and benefit of historic preservation from time to time and from year to year.

(d)

The gifts, grants, and awards received from public and private donors shall be deposited in the trust fund account herein created, and shall at all times be kept separate and apart from the general funds of the town such that they will inure to the use and benefit of historic preservation from time to time and from year to year.

(e)

Funds not expended at the close of any fiscal year shall be carried forward into the next year.

(f)

Gifts, grants, and awards to the said trust fund account shall be received by the town, and delivered to the budget and finance director. The gifts, grants, and awards shall be expended by the town budget and finance director only upon receipt of a resolution duly adopted by the town council.

(g)

Any gifts, grants, or awards received subject to a condition shall be expended strictly in accordance with such condition.

(h)

The books and records of the said trust fund account shall at all times be open to public inspection; and shall be subject to town and state audit as required by law. An annual report on the use of the trust fund account should be submitted to the town council within ninety (90) calendar days after the end of any fiscal year.

(i)

All nonmonetary gifts, grants, and awards of money intended to benefit historic preservation may be accepted on behalf of the Town of Davie by the administrator of the historic preservation board, or designee.

(j)

Title to all property accepted hereunder shall repose and be vested in the Town of Davie, in trust, for the use and benefit of the town, its successors, and assigns.

(k)

No real property or any appurtenances or fixtures thereto shall be accepted unless authorized by the town council.

(Ord. No. O2021-003, § 2(Exh. A), 1-20-21)

(a)

The historic preservation board is hereby established to perform the duties assigned herein, as well as any other duties assigned by the town council. The historic preservation board shall also review National Register nominations in accordance with the National Historic Preservation Act of 1966. The actions of the historic preservation board shall be complementary to the responsibilities of the State Historic Preservation Office (SHPO).

(b)

The historic preservation board shall be comprised of five (5) members, each of whom shall be appointed by the town council. Each councilmember shall nominate one (1) member to the historic preservation board. All members of the historic preservation board shall be residents of the town and shall possess demonstrated knowledge, experience and commitment to historic preservation. To the extent available in the community, the town shall appoint professional members from the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines to the extent such professionals are available in the community concerned. The town may also appoint persons who have demonstrated special interest, experience, or knowledge in history, architecture, or related disciplines to make up the balance of the membership.

(c)

The term of office of the board members shall be four (4) years, provided that the initial term of the members shall be staggered. The initial term of members shall be staggered so that the end of the term of the initial members shall not end simultaneously. The initial appointments shall be made such that three (3) members shall be appointed for a term of four (4) years and two (2) members shall be appointed for a term of three (3) years.

(d)

The historic preservation board shall conduct at least four (4) meetings per year at regular intervals. Vacancies, including expired terms, shall be filled by persons with the same background as the original appointee, or related field, within sixty (60) days.

(e)

The historic preservation board shall maintain rules of procedure including, but not limited to, procedures for recording of minutes, training opportunities for board members, for election of officers, and for seeking assistance on historic preservation matters requiring expertise not represented within its membership.

(f)

The historic preservation board shall be subject to the requirements of article V, Boards and Committees, of the Town of Davie Code of Ordinances.

(g)

In addition to the duties described elsewhere in this article, the duties of the historic preservation board shall include, but not be limited to:

(1)

Developing and updating any forms necessary for the implementation of this article, including, but not limited to, historic designation, certificated of appropriateness (COA), and certified to dig (CTD) applications.

(2)

Providing historical markers, plaques, and other recognition for individual historic resources, districts, archaeological sites, archaeological zones, and paleontological zones.

(3)

Recommending zoning and building code amendments to the proper authorities to assist in promoting historic preservation.

(4)

Developing and applying design guidelines.

(5)

Initiating, reviewing, and updating historic site surveys in the town.

(6)

Reviewing National Register nominations and providing comments to the appropriate entities.

(7)

Reviewing and making recommendations to town staff regarding grants and financial incentives that assist in promoting historic preservation within the town that are available to property owners and to the town.

(8)

Promoting the awareness of historic preservation and its community benefits.

(9)

Preparing and maintaining records of the historic preservation board's actions and decisions.

(10)

Fulfilling all obligations and requirements associated with the Certified Local Government (CLG) Program.

(11)

Promoting and assisting in the creation, program, and work of local historical, archaeological, and genealogical societies.

(12)

Identifying historic sites within the town compatible with the FMSF.

(13)

Maintaining a detailed inventory of designated districts, site and structures open to the public.

(h)

The town shall provide staff for the operational support of the historic preservation board to undertake the requirements for certification as a CLG and to carry out the duties and responsibilities delegated to the CLG.

(i)

The town and the historic preservation board shall maintain the historic preservation ordinance and practices in compliance with the CLG requirements.

(j)

The individual members of the historic preservation board must file a statement of financial interest in accordance with Sec. 112.3145, Florida Statutes.

(Ord. No. O2021-003, § 2(Exh. A), 1-20-21)

The Town of Davie shall become certified pursuant to the certified local government program administered by the SHPO.

(a)

The HPO shall perform all activities required for compliance with the CLG program administered by the SHPO. The HPO shall provide written notice to the SHPO the next business day following the approval of any new historic landmark designation or alteration of any existing historic landmark designation.

(b)

The HPO shall provide written notice to the SHPO no later than thirty (30) calendar days after any of the following events:

(1)

Changes in board membership.

(2)

Amendment of regulations governing the board; provided, however, that the SHPO shall review and approve any amendments prior to adoption by the board.

(c)

The HPO shall provide duplicates of all relevant documents to the SHPO and maintain written records verifying receipt of documents by the SHPO.

(d)

The HPO shall submit advance written notice of each board meeting to the SHPO at least thirty (30) calendar days before each meeting.

(e)

The HPO shall submit proposed amendments to any ordinance governing the Board to the SHPO at least thirty (30) calendar days before the meeting at which such amendments will be considered; provided, however, that no amendments shall be adopted by the Board until after the SHPO has reviewed and approved such amendments.

(f)

The HPO shall submit draft minutes of each board meeting to the SHPO no later than thirty (30) calendar days after each meeting.

(g)

The HPO shall submit approved minutes of each board meeting to the SHPO no later than thirty (30) calendar days after each meeting at which such minutes were approved.

(h)

The HPO shall submit written records of attendance by board members at each board meeting to the SHPO no later than thirty (30) calendar days after each meeting.

(i)

The HPO shall submit written records of attendance by the public at each board meeting to the SHPO no later than thirty (30) calendar days after each meeting.

(j)

The HPO shall submit an annual written report to the SHPO no later than November 1 of each year covering the time period from the previous October 1 through September 30. The annual report shall include the following information:

(1)

A copy of the rules of procedure for the historic preservation board;

(2)

A copy of the historic preservation ordinance;

(3)

Resumes of all board members;

(4)

Changes to the membership of the historic preservation board;

(5)

The total number of projects reviewed by the historic preservation board;

(6)

A review of survey and inventory activity with a description of the system used;

(7)

New historic landmark designations;

(8)

New listings on the National Register of Historic Places; and

(9)

A report of all grant assisted activities.

(Ord. No. O2021-003, § 2(Exh. A), 1-20-21)