Purpose and intent. The purpose and intent of this section is to promote and protect the integrity of historic resources existing throughout the city through:

(1)

The identification, protection, enhancement, perpetuation and use of sites, buildings, structures, and objects that are reminders of past eras, events, and persons important in local, state or national history, or which provide significant examples of architectural styles of the past, or which are unique and irreplaceable assets to the city and its neighborhoods, or which provide this and future generations examples of the physical surroundings in which past generations lived; and

(2)

The enhancement of property values, the stabilization of neighborhoods and the commercial areas of the city, the increase of economic and financial benefits to the city and its inhabitants, and the promotion of local interests; and

(3)

The preservation and enhancement of varied architectural styles, reflecting the city's cultural, social, economic, political, and architectural history; and

(4)

The enrichment of human life in its educational and cultural dimensions in order to serve spiritual as well as material needs by fostering knowledge of the living heritage of the past; and

(5)

The city becoming a certified local government as administered by the state historic preservation officer ("SHPO").

(Ord. No. 2020/004, § 2, 1-14-20; Ord. No. 2021/022, § 2, 10-5-21)

Scope. This article shall govern and be applicable to all property located within the legal bounds of the city.

(Ord. No. 2020/004, § 2, 1-14-20)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:

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

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

(a)

The exterior architectural appearance;

(b)

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

(c)

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

(d)

The introduction, placement, or replacement of accessories or other property, that because of its significance to history, is deemed acceptable.

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 75 years of age or more are considered archaeological materials for the purpose of this article. Structures, and nonfossilized 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 an archaeological resource under this article unless such item is at least 100 years of age.

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.

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 section 98-171 of this Code.

Archaeological zone shall mean an area that has yielded or is likely to yield largely subsurface information on the prehistory or history of the city based on prehistoric or historic settlement and land use patterns within the city, as determined in consultation with the Broward County 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 Broward County archaeological zones to be maintained and amended as necessary by the director or their designee.

Board shall mean the City of Deerfield Beach Historic Preservation Board.

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.

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.

Certificate to dig (CTD) shall mean a certificate indicating approval of plans for specific digging projects that are anticipated to yield known or as yet unknown 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 section 98-178 of this Code.

Certified local government shall mean a local historic preservation program that 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.) as amended.

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

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

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

Department shall mean the planning and development services department.

Director shall mean the director of the planning and development services department.

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

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.

Historic district shall mean an area designated by the city commission, located within defined geographic boundaries, which contains two or more contributing resources and which may contain noncontributing resources and vacant land within its boundaries.

Historic resource shall mean a building, structure, object, site, or other real or personal property, excluding living things, of historic, architectural, archaeological, or paleontological value, including an individual resource, contributing resource, or noncontributing resource, or vacant land within a historic district, which is generally at least 50 years old, and that is individually designated by the city commission as a historic resource. Any building, structure, object, site, or other real or personal property previously designated as an archaeological cultural resource site or historical cultural resource site under the city, county, or state register is hereby defined as a historic resource.

Historic survey shall mean a comprehensive listing or inventory of buildings, sites, and structures of any historical, cultural, archaeological, paleontological, or architectural importance in Deerfield Beach, Florida.

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.

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.), as amended and administered by the U.S. Department of the Interior, National Park Service.

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

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.

Paleontological resource shall mean any flora or fauna, vertebrate fossils, including bones, teeth, natural casts, molds, impressions, and other remains, 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:

(a)

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

(b)

Any cultural item, as defined in the Native American Graves Protection and Repatriation Act, 25 U.S.C. § 3001(3).

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.

Paleontological zone shall mean an area likely to yield largely subsurface information on the prehistory and fossil history of the city based on prehistoric environmental patterns within the city, 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 to be maintained and amended as necessary by the director or their designee.

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

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 nondesignated resource onto the site of a historic resource.

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.

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

State historic preservation officer (SHPO) shall mean the official designated pursuant to F.S. § 267.031(8), to administer the state historic preservation program established for the purpose of carrying out the provisions of the National Historic Preservation Act of 1966, as amended.

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

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

Viewshed shall mean the views to and from a historic resource.

(Ord. No. 2020/004, § 2, 1-14-20; Ord. No. 2021/022, § 2, 10-5-21)

(a)

Creation. The City of Deerfield Beach Historic Preservation Board is hereby established as an agency of the city government in and for the city. The board is vested with the power, authority and jurisdiction to inventory, designate, certify, regulate and manage historic resources in the city as provided for in this chapter. The historic preservation board shall establish rules of procedures, including, but not limited to, procedures for recording of minutes, for training opportunities for historic preservation board members, for election of officers, and for seeking assistance on historic preservation matters requiring expertise not represented within its membership. The board shall review National Register nominations in accordance with the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), and 54 U.S.C. 302504, as amended. The actions of the historic preservation board shall be complementary to the responsibilities of the SHPO.

(b)

Appointment. The historic preservation board shall be comprised of five members, each of whom shall be appointed by the city commission. All members of the historic preservation board must reside in the city at the time of appointment and during the member's term(s) in office. Appointments shall be made on the basis of civic pride, integrity, experience and interest in the field of historic preservation. The commission shall attempt to nominate architects, realtors, archaeologists, historians, neighborhood activists, lawyers or other individuals from the business, financial and other segments of the community who, by virtue of their profession, business or civic involvement, have demonstrated concern for historic preservation. Membership on the board should be representative of the community at large and reflect a broad cross section of the community.

(c)

Term. With the exception of the initial members, the term of office of the historic preservation board members shall be for two years. The initial term of initial members shall be staggered so that the end of the term of the initial members shall not end simultaneously. Notwithstanding the foregoing, members shall serve terms which end on May 15 of the year that the term of the appointing commissioner expires; provided that if the appointing commissioner leaves office prior to the end of his/her term, the term of his her appointee shall terminate on the date the person appointed or elected to fill the vacancy exercises his/her right to appoint a member to the board. A member may be removed by a majority vote of the city commission without cause. Any vacancies shall be filled within 60 days.

(d)

Powers and duties. In addition to the duties described elsewhere in this article, the duties of the board and director shall include, but not be limited to:

(1)

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

(2)

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

(3)

Developing and applying design guidelines.

(4)

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

(5)

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

(6)

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

(7)

Promoting the awareness of historic preservation and its community benefits.

(8)

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

(9)

Fulfilling all obligations and requirements associated with the certified local government program as established in Title 54 U.S.C. 3025, as amended, described in Code section 98-180 of this article. The board responsibilities listed herein are complimentary to and carried out in accordance with the responsibilities of the SHPO as described in 36 C.F.R. 61.6.

(10)

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

(e)

The city commission shall provide staff for the operational support of the board to undertake the requirements for certification as a certified local government and to carry out the duties and responsibilities delegated to the certified local government as required by Title 54 U.S.C. 3025 and described in 36 C.F.R. 61.6 and section 98-180 of this Code.

(f)

The city and board shall maintain the historic preservation ordinance and practices in compliance with the certified local government requirements.

(g)

Members of the board must file a statement of financial interests in accordance with F.S. § 112.3145.

(h)

Meetings and rules of procedure. All meetings of the board shall be public and open to all residents and interested parties. The board shall meet at minimum of four times within the calendar year. Whenever practicable, and to the extent needed to conduct required business, the regular quarterly meeting shall be held on the first Thursday of the quarter. The board may adopt rules of procedure based upon Robert's Rules of Order, subject to any limitations prescribed by law. The board may additionally adopt rules of procedure provided such rules of procedure are not inconsistent with any rules previously adopted by the city commission and are consistent with city ordinances and state statutes. The board shall keep minutes of its proceedings, showing the vote of each member upon each question submitted to it and include the reasoning for each decision reached. If a member is absent, such fact shall appear upon the minutes. Copies of the board's minutes shall be filed with the city clerk and shall become a public record available for public inspection in accordance with F.S. § 286.011. The board shall meet the reporting requirements outlined in the Florida Certified Local Government Guidelines.

(i)

Quorum. Quorum shall consist of three members. No certificate to dig or certificate of appropriateness shall be approved unless a majority concurs.

(Ord. No. 2020/004, § 2, 1-14-20; Ord. No. 2021/022, § 2, 10-5-21)

Upon recommendation of the historic preservation board, the city commission may designate by resolution, individual landmarks and landmark sites. Each designation of a landmark shall include a designation of a landmark site in accordance with state standards.

(a)

Application requirement. Consideration of the designation of a landmark and landmark site shall be initiated by the filing of an application for designation by the property owner, or by the city. The city shall charge a fee for each application, which reflects processing costs for the application. Such fee shall be waived for city-initiated applications. The applicant shall complete an application form provided by the department that shall include, at minimum:

(1)

A physical narrative of the building, structure or object and its character-defining features, accompanied by photographs.

(2)

Date of construction of the structures on the property and the date of any alterations.

(3)

Report on the existing condition of the building, structure, or object, including any potential threats or other circumstances that may affect the integrity of the building, structure or object.

(4)

A statement of the historical, architectural, or other significance of the building, structure, or object as defined by the criteria for designation established by this article.

(5)

A statement of rehabilitative or adaptive use proposals, if applicable.

(6)

A location map showing zoning and other appropriate land use information and a legal description of the property.

(7)

The name of the building, structure, or object, and the Florida Master Site File number, if applicable.

(8)

The names of current and past property owners.

(b)

Procedure. The following procedures shall be used in determining eligibility of an individual historic resource or a historic district:

(1)

A site, building, structure, object, or district may be nominated for designation using a historic designation application form and shall be completed by the applicant and returned to the director or their designee.

(2)

An owner(s) of a nominated property, site, building, structure, object, or district, the city commission, or the historic preservation board, upon its own motion, may make application to the historic preservation board for consideration of a property, site, building, structure, object, or district as a historic resource.

(3)

The boundaries of a historic resource or historic district shall be described in a legal description in the historic designation application. 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.

(4)

After the filing of a complete application for a certificate of historic designation, the application shall be scheduled to be heard by the board at the next scheduled board meeting and after all required notice is satisfied as established in this section.

(5)

Notice. Notice of the historic preservation board's scheduled hearing shall be provided by the following actions:

a.

Published notice. Notice of the hearing shall be placed in a newspaper of general circulation and published on at least one occasion at least seven days and no more than ten days prior to the hearing. Additional notices shall be published by the applicant if required by applicable law.

b.

Written notice. At least 12 days prior to the date fixed for the hearing before the board, the city shall send notice of said hearing to each property owner (as listed on the most recent tax rolls) whose property is within 500 feet of the property that is the subject of the application. At the hearing, any party may appear in person or by agent or attorney.

(6)

At said hearing the board shall make a recommendation to the city commission to approve, approve with conditions, or deny the application based upon the evidence presented at the hearing. A nomination application for historic designation approved with conditions by the board shall be revised to comply with said conditions prior to submission to the city commission. Upon receipt of the revised plan, the director shall verify that all modifications stipulated in the approval of the board have been incorporated.

(7)

A written recommendation from the board shall be forwarded to the city commission for approval, approval with conditions, or denial of the nomination. A determination by the city commission for the application shall be based upon the evidence presented at a public hearing before the city commission.

(8)

Public notice and posting for the application to be heard in front of city commission shall follow the requirements and procedures set forth in Code section 98-35 and in accordance with 36 C.F.R. Part 61, and all applicable county, state and federal law.

(9)

If the property owner of an individual historic resource nomination consents to designation, a simple majority vote of city commission shall be required to designate a historic resource. If an individual historic resource designation lacks owner consent, then a four-fifths vote of the city commission shall be required.

(10)

Upon the filing of an application for historic designation, no permits may be issued authorizing building, alteration, demolition, relocation, or excavation of the subject property until such time as approval or denial of the application by city commission occurs. In the event the application is denied by city commission, the application may not be resubmitted for 120 days. The director shall notify the building official of the suspension of activities upon the filing of an application for designation.

(11)

Appeals of a decision of the city commission regarding the designation or failure to designate a nominated property as a historic resource shall be by appropriate action pursuant to the Florida Rules of Civil Procedure.

(c)

Criteria. The historic resources considered for issuance of a certificate of designation by the board shall:

(1)

Possess at least three of the following characteristics: Integrity of location, design, setting, materials, and workmanship;

(2)

Be at least 50 years old unless it has exceptional importance; and

(3)

Meet at least one criteria in one of the following three significant categories:

a.

A historic resource shall be considered historically significant if it is:

1.

Associated with the life or activities of a person of importance in local, state, or national history;

2.

The site of a historic event with a significant effect upon the city, county, state, or nation;

3.

A prime historical example of the political, cultural, economic, or social trends, successes, or failures of the people of the city;

4.

Associated with a past or continuing institution which has contributed substantially to the life of the people in this city; or

5.

A building or structure, site, or object, if its location, landscape setting or environment exemplifies a specific historical context.

b.

A historic resource shall be considered architecturally significant if it is:

1.

A building or structure that embodies distinctive characteristics of an architectural style, type, form, period, or method of construction;

2.

A building or structure that is the work of a prominent architect, builder, or other design professional;

3.

A building or structure possessing elements of design, detail, material, or craftsmanship which are of outstanding quality;

4.

A building or structure which represented in its time, a significant technological innovation, or an adaptation to the state environment; or

5.

An exceptional or unique example of a utilitarian structure or building.

c.

A historic resource shall be considered archaeologically significant if it is:

1.

A site associated with an important historical event or person and which contains intact archaeological deposits;

2.

A site of such condition that data recoverable from the site may provide unique or representative information on past human activities and behavior; or

3.

A site that has in the past revealed information vital in developing well-established and widely accepted models and theories about past cultures and/or activities.

(Ord. No. 2020/004, § 2, 1-14-20; Ord. No. 2021/022, § 2, 10-5-21)

The designation of any historic resource may be amended or rescinded through the same review process and procedures utilized for historic designation set forth in 98-171 and the criteria set forth in section 98-172. Notwithstanding the foregoing, rescission of a historic designation shall require a four-fifths vote by the city commission.

(Ord. No. 2020/004, § 2, 1-14-20)

(a)

Every owner of a historic resource shall properly maintain and keep in good repair, and the city 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.

(b)

The historic preservation board may refer violations of this section to code enforcement in order to preserve such building or structure in accordance with the purpose and intent of this article.

(c)

The requirements of this section shall be in addition to any and all requirements of this Code 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.

(Ord. No. 2020/004, § 2, 1-14-20)

(a)

Applicability. Unless expressly exempted below, no permits shall be issued for new construction, demolition, alteration, rehabilitation, signage, or any other physical modification of a historic resource, as same is defined herein, without the prior issuance of a certificate of appropriateness by the Deerfield Beach Historic Preservation Board, in accordance with the procedures specified in this article.

(b)

Exemptions. A certificate of appropriateness shall not be required for the following:

(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 construction visible from the public right-of-way 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, or as determined by the director of planning and development services or their designee.

(2)

Any permit necessary for compliance with a lawful order issued by the city through its building and permitting or code and zoning divisions, unsafe structures board, or fire marshal, including, without limitation, any permit necessary for the immediate preservation of public health or safety.

(c)

Other permits and approvals. A certificate of appropriateness shall be considered a prerequisite to the issuance of any other permits required by this article or the city commission. The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits or approvals as required by federal, state, or local agencies.

(d)

Application. Prior to making an application for a certificate of appropriateness, the applicant shall confer with the department on the nature and purpose of the proposed action. The applicant shall be advised of the plans, photographs, statements, or other exhibits necessary for submitting an application. The property owner or agent shall complete and file an application with the director on a form provided by department including, but not limited to:

(1)

Plans for structural changes, where applicable.

(2)

A description of exterior finish materials (samples may be requested of nonstandard materials), where applicable.

(3)

Site plans, including landscape plans and building elevations, where applicable.

(4)

Photographs of the subject property, including areas of proposed work.

(5)

Notarized authorization of the owner if the applicant is other than the owner or attorney for the owner.

(6)

Other documentation of architectural compatibility as offered by the applicant or requested by the board.

(7)

The name, address and telephone number of the applicant.

(e)

Procedure.

(1)

Prior to making an application for a certificate of appropriateness, the applicant shall confer with the department on the nature and purpose of the proposed action. The prospective applicant shall be advised of the plans, photographs, statements or other exhibits necessary for submitting an application. After the filing of a complete application for a certificate of appropriateness with the director or their appointee, the application shall be scheduled to be heard by the board at the next scheduled board meeting and after all required notice is satisfied as established in this section. The director or their designee shall also send, by certified mail, a notice of the proposed certificate of appropriateness to the owner of the property at least 30 calendar days prior to the date of the public hearing.

(2)

The historic preservation board shall, based on their findings approve, approve with conditions/stipulations, or deny the application for a certificate of appropriateness.

(3)

Appeals of the denial or the approval with conditions of a certificate of appropriateness where the applicant has alleged that the enforcement of the provisions of this article would result in the deprivation of all reasonable economically beneficial use of such property are required to be filed with the city clerk no more than 30 days after the decision of the board. The appeal shall be heard by the city commission. The hearing shall be noticed and heard in accordance with the provisions of this article regarding other quasi-judicial hearings before the city commission.

(f)

Criteria and guidelines. In approving or denying applications for a certificate of appropriateness for alterations, new construction, relocation, demolition, land disturbance, or development activity, the historic preservation board shall consider the following general criteria:

(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 certificate of appropriateness 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 plans comply with the Secretary of the Interior's standards.

(6)

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

(7)

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

(g)

Additional guidelines relating to alterations. In approving or denying applications for a certificate of appropriateness for alterations, in addition to the general criteria listed in subsection (f) 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.

(h)

Additional guidelines relating to new construction. In approving or denying applications for a certificate of appropriateness for new construction, the historic preservation board shall consider the following criteria, in addition to other general criteria listed in subsection (f) 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)

Whether 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.

(i)

Additional requirements relating to request to relocate a historic resource. In approving or denying applications for a certificate of appropriateness 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.

(j)

Additional requirements for demolitions.

(1)

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 certificate of appropriateness for demolition from the department.

(2)

In approving, approving with conditions, denying, or suspending action to allow further study of the matter, applications for a certificate of appropriateness 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 a natural disaster or catastrophic event;

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 of the last remaining examples of its kind the surrounding area;

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 certificate of appropriateness for demolition will deprive the owner of all reasonably economically beneficial use of the owner's property.

(3)

Delay of demolition. In the event the board does not find approval, approval with conditions, or denial to be fit for the heard application, the board may suspend action to allow further study of the matter for a period not to exceed 180 days from the date of the filing of the application. The length of the delay shall be determined by the board based upon the probable time required to arrange a possible alternative to demolition. During the stay of demolition, the board may take such steps as it deems necessary to preserve the building or structure concerned in accordance with the purposes of this article. Such steps may include, but shall not be limited to, consultation with civic groups, public agencies and interested citizens; recommendations for acquisition of property by public or private bodies or agencies; and exploration of the possibility of moving the structure or building.

(Ord. No. 2020/004, § 2, 1-14-20; Ord. No. 2021/022, § 2, 10-5-21)

A historic resource that is substantially destroyed by a natural disaster or catastrophic event may be reconstructed in accordance with the Secretary of the Interior's standards. Notwithstanding the general requirements of the zoning district in which the resource is located, the reconstruction of the site to its pre-disaster footprint may be approved provided it complies with floodplain management standards.

(Ord. No. 2020/004, § 2, 1-14-20)

(a)

Certificate to dig required.

(1)

No person shall undertake any of the following actions affecting a site or zone designated archaeological or paleontological or which contains archaeological or paleontological resources or artifacts, without first obtaining a certificate to dig from the board 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 certificate to dig shall be a prerequisite and in addition to any other permits required by law. The issuance of a certificate to dig by the board 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 certificate to dig. In approving or denying applications for a certificate to dig, the board shall consider the following:

(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 certificate to dig 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 plans comply with the Secretary of Interior's standards;

(6)

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

(7)

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

(c)

Application procedures for a certificate to dig.

(1)

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

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 board.

b.

After the filing of a complete application for a certificate to dig with the director or designee, the application shall be scheduled to be heard by the board at the next scheduled board meeting and after all required notice is satisfied as established in this section. The director or their designee shall also send, by certified mail, a notice of the proposed certificate to dig to the owner of the property at least 30 calendar days prior to the date of the public hearing.

c.

The board shall, based on their findings approve, approve with conditions/stipulations, or deny the application for a certificate to dig.

d.

Appeals of the denial or the approval of conditions where the applicant has alleged that the enforcement of the provisions of this article would result in the deprivation of all reasonable economically beneficial use of such property are required to be filed with the city clerk no more than 30 days after the decision of the board. The appeal shall be heard by the city commission. The hearing shall be noticed and heard in accordance with the provisions of this article regarding other quasi-judicial hearings before the city commission. The request must be placed on the agenda of the next available, regularly scheduled meeting of the city commission to review the historic preservation board's decision. The city commission may uphold or modify the board's decision after considering the application, statement, and evidence presented by the owner or agent, and statements and evidence presented by the board.

(3)

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

(4)

An approved certificate to dig shall contain an effective date, not to exceed 60 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 certificate to dig shall conform to the requirements of such certificate. It shall be the right of the appropriate building official and the director to observe from time to time any work being performed in their respective jurisdictions to ensure compliance with a certificate to dig. In the event work is not being performed in accordance with the certificate to dig the building official shall issue a stop work order until it is demonstrated that work will commence consistent with the approved certificate to dig or, if necessary, that an amended certificate to dig 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 city 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 department and shall be available for public inspection.

(f)

At least annually, the department shall review the map and the Florida Master Site File 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 department 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 county archaeologist shall complete the required survey.

c.

Submit the survey to the department for review and evaluation, and to the Florida Master Site File Section of the Florida Division of Historical Resources. If the Broward County archaeologist prepares the Phase 1 level survey, the survey shall be submitted to the city and 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 county archaeologist determines that the site is not significant, and said determination is verified by the director or their designee and the county archaeologist, or in the case of the county archaeologist, the Florida Master Site File Section of the Florida Division of Historical Resources, then development activities may resume immediately.

(3)

If the site is determined to be significant, the historic preservation board shall initiate preservation of the site by any of the following:

a.

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

b.

Initiate public acquisition of the site;

c.

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

d.

Recommend offering tax incentives to the owner or developer pursuant to F.S. § 193.505; or

e.

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 months after the date of receipt of the Phase 1 level survey. During this three-month period, representatives of the state division of historical resources, the historic preservation board, or employees of the city 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 certificate to dig shall be denied.

(Ord. No. 2020/004, § 2, 1-14-20; Ord. No. 2021/022, § 2, 10-5-21)

(a)

Any person who shall violate or fail to comply with any of the provisions of this Code shall, upon conviction, be fined an amount not exceeding $500.00 per day. Each day's violation shall constitute a separate offense and shall be punishable under the terms of this Code.

(b)

The city commission hereby finds that the unauthorized alteration, demolition, or demolition by neglect of structures or sites designated as a historic resource is in violation of this article, constituting a public nuisance. As such, the city attorney, upon approval by the city commission, may seek an injunction, in addition to any other legal remedies available.

(c)

Nothing herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 2020/004, § 2, 1-14-20)

(a)

Approval of historic recognition markers for buildings, sites, or other structures designated historic. Resources designated historic by the city commission shall automatically be deemed eligible for placement of a historic marker.

(b)

Location. The following criteria shall apply to city commission approval of the location of a historic marker:

(1)

The site selected for the marker must be accessible to the public and visible from a public right-of-way.

(2)

An applicant requesting placement of a marker within a public right-of-way must obtain written approval from the appropriate transportation official or governing body with jurisdiction over that public right-of-way.

(3)

If the marker is to be placed on private property, an easement agreement, in a form approved by the city attorney, that permits public access for as long as the marker stands must be included as part of the marker application.

(4)

The relocation of any city historic marker requires approval of the city commission.

(5)

Once a historic marker is approved in accordance with this section and has been located or relocated, written notification, including photographs, must be furnished to the department.

(c)

Application. The historic marker application package shall provide the following information:

(1)

A completed application. The application shall be completed using the most current form obtained from the department of planning and development services.

(2)

A signed easement agreement from the property owner(s) of the proposed marker site, if the marker is located upon private property. The easement agreement shall permit public access for as long as the marker stands and shall be approved as to form by the city attorney.

(3)

The proposed text to be on the marker shall be limited to 100 words. The marker's narrative text must be clear, concise and well documented. The department reserves the right to request editorial changes it considers necessary for accuracy and to ensure that the marker serves its intended purpose.

(4)

Historical documents regarding the person, building or location, as applicable. Facts and assertions contained within the historical document must be authenticated or verified.

(5)

The application package shall include at least two images of differing views of the proposed marker site, plus a least two images if the marker subject is a structure, at least one image if the marker subject is a person. Images should be submitted digitally. A brief description of each image should also be included. The submitted pictures will not be returned; they will remain on file at the city.

(d)

In general. The city shall administer the ordering of historic markers which are approved in accordance with this section.

(1)

Costs associated with the installation and creation of the historic recognition marker shall be provided by the applicant as an application and in cost recovery.

(2)

A marker application shall require approval by the department.

(3)

Use of the city seal is only permitted on a marker which has been approved by the city commission.

(4)

The marker installation will be the responsibility of the applicant.

(5)

Once the marker has been installed, the applicant shall submit three high-resolution digital images of the marker and marker location to the department.

(6)

The applicant is responsible for maintenance and repair of the marker, as well as replacement of the marker if necessary.

(e)

Restrictions.

(1)

The name of the current owner of the property or the name of any living person cannot be listed on the marker.

(2)

Only sites approved by the city commission may be marked with a marker displaying the city seal.

(3)

Buildings, locations, or sites already displaying a marker are not eligible for a second marker but may apply for a replacement.

(4)

No person may erect or use a marker which has not been approved pursuant to this section, and that is identical to or misleadingly resembles the markers issued by the city.

(Ord. No. 2020/004, § 2, 1-14-20)

(a)

The city shall become certified pursuant to the certified local government program as officiated by the SHPO. The director or designee shall fulfill the following duties in accordance with National Historic Preservation Act Amendments of 1980 (PL 96-515), as amended, which implements regulations as established by the United States Department of the Interior (36 C.F.R. Part 61) and the Florida Certified Local Government Guidelines provided by the Florida Department of State, Division of Historical Resources.

(1)

Provide written notice to the SHPO immediately following the approval of any new historic landmark designation or alteration of any existing historic landmark designation.

(2)

Provide 30 days' prior written notice to the SHPO of any board meetings.

(3)

Provide written notice and documentation to the SHPO within 30 calendar days of action of the following:

a.

Draft and approved minutes of each board meeting.

b.

An attendance report containing the board members and public attendance for each board meeting.

c.

Appointments to the board.

(4)

Submit to the SHPO for review and comment proposed amendments to the city's historic preservation ordinance at least 30 days prior to the date scheduled for adoption.

(5)

Submit an annual report to the SHPO on or prior to November 1. The annual report shall cover the previous fiscal year and include the following:

a.

Any amendments to the city's historic preservation ordinance,

b.

Changes in rules of procedure as detailed in this article, and

c.

Summary of board activities including but not limited to number of applications reviewed, new designations, board members' resumes, appointments to the board, a comprehensive review of survey and inventory activity with the description of the system used, as well as a progress report on the grant-assisted activities.

(Ord. No. 2021/022, § 2, 10-5-21)

Once certified as a certified local government, the city and the board will review nominations to the National Register in accordance with the Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), 54 U.S.C. 302504, and Section C.4. of the Florida Certified Local Government Guidelines.

(Ord. No. 2021/022, § 2, 10-5-21)