The purpose of this article is to promote the educational, cultural and economic welfare of the public by the creation of a historic preservation advisory board and by establishing uniform procedures to preserve the city's historic resources and by enhancing public participation and involvement in the preservation and protection of such resources, including buildings, structures, monuments and other historic resources.

For the purpose of this article, the following definitions shall apply:

Adaptive use: The process of converting a building to a use other than which it was originally designed, e.g., changing a factory into housing or housing into offices.

Alteration: Any change affecting the exterior appearance of an existing improvement by additions, reconstruction, remodeling or maintenance involving change in color, form, texture or materials.

Applicant: The record owner of affected property, or person holding a "contract to buy" to purchase same who makes application for a nomination for a certificate of appropriateness under this article.

Archaeological site: A location which has yielded or may yield information on history or prehistory. Archaeological sites are evidenced by the presence of artifacts and features below the ground surface indicating the past use of a location by people.

Artifact: An object showing human workmanship or modification.

Board: The Dunnellon Historic Preservation Advisory Board (DHPAB).

Building: A structure created to shelter any form of human activity, such as a house, barn, church, hotel or similar structure. Buildings may refer to a historically related complex, such as a courthouse and jail or a house and barn.

Certificate of appropriateness: A document evidencing approval of the board for work proposed by an applicant.

Certified districts: Those historic districts certified by the National Park Service office per requirements of the Economic Recovery Tax Act of 1981 (Public Law 97-34).

Demolition: Any act or failure to act that destroys in whole or in part a designated historic building or structure or a building or structure in a historic district.

Designated property or building: Those properties, public and private, designated as historic by the city council.

Historic building or structure: Those buildings or structures categorized as contributing, in either an altered or unaltered state, on the National Register of Historic Places for certified districts and resources, or by the city council in the case of locally designated districts and resources.

Historic district: A geographically definable area possessing a significant concentration, linkage or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also be comprised of individual elements separated geographically but linked by association or history.

Historic resource: Any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural, or archaeological value. These properties or resources may include, but are not limited to, monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works, treasure troves, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof, relating to history, government, and culture of the state.

State Law reference— Similar provisions, F.S. § 267.021.

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

Ordinary maintenance: Any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration or decay of or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay, or damage.

Rehabilitation: The act or process of returning a property to a state of utility through repair or alterations which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values.

Restoration: The act of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or the replacement of missing earlier work.

Site: The location of a significant event, a prehistoric or historic occupation or activity, or building or structure, whether standing, ruined, or vanished, where the location itself maintains a historical or archaeological value regardless or the value of any existing structures.

Structure: A structure is anything constructed or erected, the use of which requires a fixed location on the ground or attachment to something having fixed location on the ground.

Survey: The act or process of determining the location and identification of historical and archaeological sites and properties. An aspect of identification is evaluation, meaning determination of the historical significance or values represented by historical and archaeological sites and properties which have been located and otherwise described.

(a)

There is hereby created a board to be known as the Dunnellon Historic Preservation Advisory Board. The board shall be responsible for the fulfillment of the purposes of this article.

(b)

It shall be the responsibility of the board to:

(1)

Survey and inventory the historic resources of the city according to accepted practices and to develop and maintain a list of all resources researched for possible historic designation.

(2)

Make recommendations to the city council for the adoption of ordinances designating resources as historic.

(3)

Issue certificates of appropriateness on proposed exterior changes to designated resources.

(4)

Advise the city council and other city boards on the effects of city actions on historic resources, both those designated and those with potential for designation.

(5)

Advise in the development of goals, objectives, and policies for historic preservation to be incorporated into the comprehensive plan.

(6)

Make recommendations to the city council on the expenditure of gifts, grants, and money, as may be received to carry out the purposes of this article. Such money, when not specifically designated by the grantor or donor, may be expended for publishing maps and brochures, hiring staff or consultants, and for performing such other functions as are appropriate to this article.

(7)

Advise the various departments of the city as to standards, materials, or practices desirable to maintain and enhance the historic resources of the city.

(8)

Adopt procedural rules necessary for the conduct of its business, subject to approval by the city council.

(9)

Conduct educational programs on historic properties located within the city.

(10)

Recommend zoning and building code amendments for historic properties and districts to the city council for referral, and if it seems appropriate, to the planning commission.

(11)

Educate affected individuals and the general public on the economic benefits of historic preservation and federal, state, and local laws and policies regarding programs that encourage historic preservation; and

(12)

Advise individuals as to the architectural and landscape preservation of historic structures, and refer individuals to the secretary of the interior's "Standards for Rehabilitation."

(c)

The board shall consist of five members and two alternate members to be appointed by the city council. Members shall have knowledge of historical or architectural development within the city. To the extent available in the community, at least one member shall be an architect in the State of Florida, and the remaining members shall be chosen from the following organizations, professions or groups:

(1)

Professional members from the disciplines of history, architectural history, planning, archaeology, and engineering;

(2)

Registered real estate brokers;

(3)

The Florida Bar;

(4)

America Society of Landscape Architects;

(5)

Licensed building contractors or general contractors;

(6)

Professional members from other historic preservation related disciplines such as American studies, American civilization, cultural geography, or cultural anthropology;

(7)

Interested owners of real estate in a historic district; interested owners of historic structures; or interested property owners whose land contains an archaeological site.

(d)

Lay persons belonging to the Greater Dunnellon Historical Society, or who otherwise have demonstrated special interest, experience, or knowledge in history, architecture, or related knowledge in history, architecture, or related disciplines shall make up the balance of DHPAB's membership in the event that there are not enough professionals in the community. Property ownership is not a prerequisite for membership on DHPAB.

(e)

Members shall serve staggered terms of three years. Initially, two members shall be appointed for terms of one year, two members shall be appointed for terms of two years and one member shall be appointed for a term of three years. Alternate Members shall serve for a three-year term, or until such person's successor is appointed. Members may be re-appointed for subsequent terms.

(f)

The presence of three board members at a meeting, which may include alternate members filling in for absent members, shall constitute a quorum.

(g)

At the beginning of the first meeting of a calendar year, the board shall elect a chair and a vice-chair from among its members. The vice-chair shall perform the duties of the chair if the chair is absent or disabled and shall fulfill all duties delegated to that position by the commission.

(h)

The city council may remove any member for cause, after written notice and public hearing. In cases where the board certifies a seat as being vacant under subsection (i)(1) below, no prior written notice and public hearing is required.

(i)

Vacancies.

(1)

Notwithstanding any other provision of this section, if any member of the board fails to attend three consecutive regularly scheduled meetings without cause and without prior approval of the chair, the seat occupied by such board member shall be declared vacant. The board shall certify the vacancy to the city council.

(2)

In the event that the board certifies to city council that a seat is vacant, the city council shall at their next available meeting appoint a person to fill the unexpired term of the vacant seat. Priority shall be given to the alternate member with the most seniority to fill the unexpired term of the vacant seat. The city clerk shall advertise for a period of 30 days a vacancy of the alternate position or board seat, unless applications of qualified persons are on file from which to make a selection. Thereafter, the city council shall appoint an applicant to fill the unexpired term of the vacant alternate or board seat.

(j)

Alternate members.

(1)

Alternate members may participate in discussions of all proceedings but may not vote except in the absence, abstention or disqualification on regular member.

(2)

In the event any voting member is absent from a meeting, the voting seat or seats shall be filled by alternate members in order of seniority.

(k)

The board may adopt rules for the transaction of its business, and shall keep a properly indexed record of its resolutions, transactions, findings, and determinations, which shall be a public record. All meetings of the board shall be public.

(a)

The following is the procedure for nomination of historic districts:

(1)

Any historical society, neighborhood association, property owner or group of property owners may apply for designation of a historic district upon a form provided by the board. Designation may also be instituted by the board or city council.

(2)

Applications for nomination shall include:

a.

Photographs of property proposed for nomination;

b.

A brief statement of historical significance and any available documentation;

c.

A brief statement of architectural or archaeological significance, including detail photographs, if necessary.

Applications for a historic district nomination shall be formally accepted, if complete, at the next called meeting of the board. The board shall then establish a date for considering designation of the district.

(3)

The board shall consider all nominations in a public hearing and shall make recommendations for designation to the city council as per the guidelines cited in subsection (c) below. Recommendation for designation shall be accompanied by a report incorporating submitted documentation and board findings of significance. This report shall contain a description of the details, nature and character specific to the proposed district.

(b)

The following is the procedure for nomination of individual historic resources:

(1)

Any historical society, neighborhood association, property owner or group of property owners may apply for designation of a historic property upon a form provided by the board. Designation may also be instituted by board or the city council.

(2)

Application for nomination shall include:

a.

Photographs of the property proposed for nomination;

b.

A brief statement of historical significance and any available documentation;

c.

A brief statement of architectural or archaeological significance, including detail photographs, if necessary.

Applications for an individual historic resource nomination shall be formally accepted, if complete, at the next called meeting of the board. The board shall then establish a date for considering designation of the resource.

(3)

The board shall consider all nominations in a public hearing and shall make recommendations for designation, per the guidelines cited in subsection (c) below to the City Council. Recommendations for designation shall be accompanied by a report incorporating submitted documentation and board findings of significance. This report shall contain a description and character specific to the proposed site.

(c)

Historic districts and individual historic resources may be designated by ordinance upon recommendation by the board, who shall use the following criteria as general guidelines for making such recommendations: districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, material, workmanship, feeling, and association, and:

(1)

That are associated with events that have made a significant contribution to the broad patterns of our history; or

(2)

That are associated with the lives of persons significant in our past; or

(3)

That embody the distinctive characteristics of a type, period, or method of construction, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

(4)

That have yielded or may yield information important in prehistory or history; or

(5)

That constitute a unique density of architecture, scale, landscaping and planning.

(d)

The following is the procedure for designation of historic districts and individual historic resources:

(1)

Resources recommended for designation by the board shall be presented to the city council in ordinance form for introduction within 14 days from recommendations.

(2)

Notice of designation shall be sent to all owners of property so designated within 14 days of final council action. Updated lists of designated properties shall be kept by the city clerk's office and the building official and shall be noted on official historic preservation map.

(e)

Upon designation of a district or individual resource by the city council, the following procedures and standards shall apply:

(1)

All proposed actions, public and private, affecting designated properties requiring certificates of appropriateness shall be referred to the board for consideration.

(2)

All requests before the planning and zoning commission and the zoning board of adjustment affecting designated properties shall simultaneously be forwarded to the board for its recommendation.

(f)

There shall be an official historic preservation map upon which all designated districts and individual resources shall be shown. The official historic preservation map shall be identified by the signature of the president of the city council, attested by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this is the Official Historic Preservation Map of the City of Dunnellon, Florida adopted by Ordinance No. 92-10," together with the date of the adoption of this article. No changes of any nature shall be made on the official historic preservation map or matter shown thereon except in conformity with the procedures set forth in this article. Regardless of the existence of purported copies of the official historic preservation map which may from time to time be made or published, the official historic preservation map, which shall be located in the office of the city clerk, shall be the final authority as to the historic designation status of lands, buildings, and other resources in the city.

In the event that the official historic preservation map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official historic preservation map which shall supersede the prior official historic preservation map. The new official historic preservation map may correct drafting or other errors or omissions in the prior official historic preservation map, but no such correction shall have the effect of amending this article. The new official historic preservation map shall be identified by the signature of the president of the city council and attested by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this Official Historic Preservation Map supersedes and replaces the Official Historic Preservation Map adopted (date of adoption of map being replaced) by Ordinance No. of the City of Dunnellon, Florida," together with the date of the resolution adopting the new official historic preservation map.

(a)

The following terms, phrases, words and derivations shall have the following meaning for purposes of this section:

(1)

Contributing: A structure which by its location, design, materials, workmanship, feeling and association contributes to the sense of time and place and historical development of the city. The period of significance for this local district designation is defined as beginning circa 1890 and extends to include buildings and structures 50 years of age which meet the National Historic District Register criteria of exceptional significance.

(2)

Standards: The current edition of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, U.S. Department of the Interior, National Park Service, Preservation Assistance Division, Washington, D.C.

(b)

The city council hereby creates the "Boomtown" Historic District, and the land area described hereafter shall be known and cited as such. The district is that land area described in exhibit A attached to Ordinance No. 92-10. The individual contributing structures included in this district are those structures identified on the official historic preservation map.

Editor's note— Exhibit A, referred to in subsection (b) above, is not printed herein.

(c)—(e) Reserved for future districts.

(f)

Any improvements requiring a permit from the city shall be subject to the provisions of this section.

(g)

Standards shall only apply to changes in building exterior and new additions to historic buildings.

(h)

Any affected party aggrieved by any final decision occurring as a result of the enforcement of this section may, within 30 days thereafter, apply to the city council for review of the decision by filing with the city manager a written notice requesting the council to review said decision. The said notice shall specify the items about which the party is aggrieved.

(a)

A certificate of appropriateness issued by the board shall be required for any of the following activities on properties within designated historic districts and other designated resources:

(1)

Any material change in exterior appearance of existing buildings or structures, including reroofing and residing.

(2)

Demolition of any building or structure.

(3)

The movement of any building or structure into, from or within historic districts and sites.

(4)

Any new construction of principal or accessory building or structures.

(5)

Alteration of an archaeological site.

(b)

A certificate of appropriateness shall be considered prerequisite to the issuance of any other permits required by law. The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits or approvals required by the city. A building permit or other municipal permit shall be invalid if it is obtained without a certificate of appropriateness required for the proposed work.

(c)

A certificate of appropriateness shall not be required for painting and ordinary maintenance and repair of any exterior elements of any building or structure with materials of a similar visual character. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

(d)

Prospective applicants for certificates of appropriateness shall confer with a city staff representative, approved by the board, on the nature and purpose of the proposed action. The prospective applicant shall at this time be advised of the plans, photographs, statements or other exhibits necessary to make their rulings. Prospective applicants may also request a conference with the board directly, in order to further clarify application requirements and board goals and objectives.

(e)

Application for a certificate of appropriateness shall be made to the board through the city clerk's office. Applications shall include a complete set of all documents and exhibits presented for consideration of the application, to include:

(1)

Building plans for structural changes;

(2)

Description of finish materials (samples may be requested of nonstandard materials);

(3)

Site plans, including landscape plans, where applicable;

(4)

Photographs of subject property including areas of proposed work; and

(5)

Other documentation of architectural compatibility as offered by the applicant.

(f)

On any application for a certificate of appropriateness for any activity listed in section 19.6(a), the board shall approve, modify or deny the application, in whole or in part, or suspend action up to 30 days for further research or for revision of site plans as necessary. Applications for certificates of appropriateness for demolitions are considered under section 19.6(g).

(g)

The board may issue a certificate of appropriateness for the erection, reconstruction, alteration, demolition, partial demolition or removal of any building or structure within a designated historic district or any designated historic resource if such action is not deemed contrary to the purposes of historic preservation generally, and to the special character of districts, sites and resources as designated, specifically. The board shall be guided by the secretary of the interior's standards for rehabilitation when applicable. In passing upon an application for a certificate of appropriateness the board shall also consider the following criteria:

(1)

Exterior alterations shall not affect the architectural quality or historical character of the building.

(2)

Landscaping, signs, parking, and site development should be sensitive to the individual building and should be visually compatible with the buildings and environment with which it is visually related.

(3)

New construction shall be visually compatible with the buildings and environment with which the new construction is visually related. When an application involves new construction, the applicant may present conceptual plans to the board for review and comment before the application for a certificate of appropriateness is submitted and before construction drawings of the project are prepared. Aspects to be considered include:

a.

Height, volume, proportion between width and height of the facade(s), the proportions and relationship between doors and windows, the rhythm of solids and voids created by openings in the facade, the materials used in the facade, the texture inherent in the facade, the colors, pattern and trim used in the facade, the colors, pattern and trim used in the facade, and the design of the roof.

b.

Existing rhythm created by existing building masses and spaces between them should be preserved.

c.

Landscape plans are visually compatible with the buildings and environment with which it is visually related.

d.

Proportions of existing facades which are visually related, which is to say, when adjacent buildings have a dominant horizontal or vertical expression, that expression should be carried over in the new facade.

e.

Architectural details should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent architectural characteristics of the area.

(h)

The board shall not consider interior arrangement or interior design in association with or relative to approving a certificate of appropriateness. In reviewing an application for new construction, the board shall not make requirements except for the purpose of preventing alterations and developments which are not in harmony with the character of the historic district or which are obviously inconsistent with the purpose of this section and the health and safety of the public.

(i)

Any person adversely affected by any decision of the board may appeal such decision to city council, in writing, within 30 days after the decision is rendered. city council may approve, modify or reject the decision of the commission upon such appeal. Appeals from any decision of the city council may be taken to circuit court in the manner provided by law.

(a)

On applications to demolish any buildings or structures within designated historic districts, or individually designated historic resources the board will approve or deny the request or may suspend action to allow further study for a period not to exceed 90 days. This does not constitute a final decision by the board. A motion to deny such applications shall include the designation of a public notification of demolition period up to a maximum of 365 days. The length of the delay shall be determined by the board based upon the relative significance of the structure and the probable time required to arrange a possible alternative to demolition.

(b)

During the public notification period, the board may take such steps as it deems necessary to preserve the building or structure concerned, in accordance with the purposes of this code. 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 concerned structure or building.

(c)

In connection with any certificate of appropriateness for demolition, the board may request permission from the owner to salvage and preserve building materials, architectural details and ornaments, fixtures, and the like for reuse in restoration or other historic properties. The board may also request from the owner permission to enter the building to record the dimensions and details before demolition. This record will include photographs and scaled architectural drawings.

(d)

In addition to all other provisions of this article, the board shall consider the following criteria in evaluating applications for a certificate of appropriateness for demolition of designated properties in determining the length of the public notification of demolition period:

(1)

The structure is of such interest or quality that it would reasonably meet national, state, or local criteria for designation as an historic resource.

(2)

The significance which the structure contributes to the historic character of a designated district.

(e)

The board may request the following written evidence to be submitted:

(1)

A report from a professional property appraiser stating that such building will not earn a reasonable economic return for the owner of such building on the original site.

(2)

A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the structure and its suitability for rehabilitation.

(3)

Estimated market value of the property both in its current condition, and after completion of the proposed demolition or removal to be presented through an appraisal by a qualified professional expert.

(4)

An estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

(f)

The board may consider development plans for a site when considering applications for certificates of appropriateness for demolition. The board may suspend action until a conceptual development plan is approved by the board.

(g)

Permits to demolish structures which are 50 years of age or older that are not located in a historic district, are not designated resources, and which do not constitute an emergency situation shall not be issued until the expiration of up to 45 days from the date of the permit application. During this period permission may be requested from the owner to salvage and preserve building materials, architectural details and ornaments, fixtures, and the like for reuse in restoration of other historic properties. Permission may also be requested from the owner to enter the building to record the dimensions and details before demolition. This record will include photographs and scaled architectural drawings. Upon the filing of an application to demolish a structure which is 45 years of age or older, the building and zoning department shall immediately notify the city clerk's office.

(a)

Every owner of a property within a designated historic district shall keep in good repair:

(1)

All of the exterior portions of such building or structures;

(2)

All interior portions thereof which, if not so maintained, may cause such buildings or structures to deteriorate or to become damaged or otherwise fall into a state of disrepair; and

(3)

In addition, where the historic resource is an archaeological site, the owner shall be required to maintain his property in such a manner as not to adversely affect the archaeological integrity of the site.

(b)

In the event the board determines that a property within a designated historic district or a designated historic resource is in the course of being "demolished by neglect," the board shall notify the owner of record of such preliminary findings, stating reasons therefor. The board shall request a meeting with the owner or the tenant of the building that is not being adequately maintained, and the board shall present ways to improve the condition of the property. If the owner or tenant fails to take action, the board may notify the building official to institute proceedings before the municipal code enforcement board under authority of applicable laws and regulations.

(c)

Where the board determines that properties within a designated historic district, or properties in visual proximity to a designated historic district or designated historic resource lack maintenance and repair to such an extent as to detract from the desirable character of the historic district or historic resource, the board shall notify the owner of record of such preliminary findings, stating the reasons therefor. The board shall request a meeting with the owner or tenant of the property that is not being adequately maintained, and the board shall present ways to improve the condition of the property. If the owner or tenant fails to take action, the board may notify the building official to institute proceedings before the municipal code enforcement board under authority of applicable laws and regulations.

For the purpose of remedying emergency conditions determined to be eminently dangerous to life, health or property, nothing contained herein will prevent the making of any temporary construction, reconstruction, demolition or other repairs to a historic property or a structure within a historic district. Such temporary construction, reconstruction or demolition will take place pursuant to permission granted by the building official, and then only for such work as the building official may determine to be reasonably necessary to correct such condition. The owner of a historic property or an improvement in a historic district which is damaged by fire or natural calamity will be permitted to immediately stabilize the improvement and to rehabilitate it later under the procedures required by the ordinances of the city, so long as said property is secured to the satisfaction of the building official and a permit is obtained to commence restoration within such time period as deemed reasonable by the building official. The owner may request a special meeting of the board to consider an application for a certificate of appropriateness which would provide for repairs of a more permanent nature.

(a)

When an applicant seeks to obtain a certificate of appropriateness for moving a building or structure into, from or within a historic district, the board shall consider the following:

(1)

The historic character and aesthetic interest the building or structure contribute to its present setting;

(2)

Whether there are plans for the site to be vacated, including landscaping;

(3)

In addition, historic buildings to be relocated to a site within a designated historic district shall be of a compatible size, scale, and design as the properties adjacent to the proposed site.

(a)

The historic preservation advisory board and/or the city building official are hereby designated and authorized to enforce the terms of this article.

(b)

Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be required to restore the subject improvement, feature or site in accordance with a certificate of appropriateness approved by the board and shall be punished as provided in section 1-12 of the Code of Ordinances.

Any affected party aggrieved by any final decision by the board may, within 30 days thereafter, apply the to the city council for review of the board's decision by filing with the city clerk a written notice requesting the council to review the decision.