The purpose of this article is to implement goals, objectives and policies in the city comprehensive plan by identifying, evaluation, preserving and protecting historic buildings, structures, sites, and districts, and to promote the health and cultural, moral, economic, educational, aesthetic and general welfare of the public by:

(1)

Effecting the protection, enhancement, and perpetuation of buildings, structures, improvements, landscape features, and archaeological resources that represent distinctive elements of the city's historical, cultural, archaeological, aesthetic, and architectural heritage;

(2)

Safeguarding the city's historical, cultural, archaeological, and architectural heritage, while allowing the reasonable and productive use of such resources;

(3)

Stabilizing neighborhoods and improving property values;

(4)

Promoting the use of individual sites and districts for the education, pleasure, and economic welfare of the citizens of Gulfport;

(5)

Enhancing the city's attraction to visitors and the ensuing positive impact on the economy as a result of historic preservation activities;

(6)

Creating and promoting cultural and educational programs aimed at fostering a better understanding of the community's heritage;

(7)

Promoting the sensitive use of historic sites, resources and districts for the education, pleasure and welfare of the people of Gulfport;

(8)

Protecting designated historic resources by requiring the issuance of a certificate of approval before allowing alterations to those resources; and

(9)

Encouraging historic preservation by creating programs of technical assistance and financial incentives for preservation practices.

(Ord. No. 95-2, § 1, 4-4-95; Ord. No. 2018-01, § 1, 2-6-18)

For the purpose of this article, the terms listed below are defined as follows:

Certificate of approval. A written authorization by the historic preservation committee to the owner(s) of a designated property, or a property within a designated historic district, allowing a proposed alteration, relocation, or the demolition of a building, structure or site.

Committee. A historic preservation committee created by the City Council or the City Council and referred to in this article as the "committee."

Contributing property. A building, structure or site which contributes to the overall historic significance of a designated historic district, which was present during the period of historic significance, and possesses historic integrity reflecting the character of that time, or is capable of yielding important information about the historically significant period, or independently meets the criteria for designation as a historic resource.

Demolition. The complete removal of a building structure, or portions thereof from a site.

Demolition by neglect. The abandonment of a building or structure by the owner(s) resulting in such a state of deterioration that its self-destruction is inevitable or where demolition of the building or structure to remove a health and safety hazard is necessary.

Exterior. All outside surfaces of a building or structure visible from a public right-of-way adjacent to such building or structure.

Florida site file. A compilation of archaeological and historic resources surveyed in the city and recorded with the state bureau of historic preservation, division of historical resources.

Gulfport Historical Society. A 501(c)(3) organization which preserves and celebrates the city's past for future generations. The society operates the Gulfport History Museum and offers historical programming thought the city.

Historic district. A geographically definable area designated pursuant to this article possessing a significant concentration, linkage, or continuity of sites, buildings, structures or objects united by past development. A district may also be linked by association or history. To qualify as a historic district, an area may contain both contributing and noncontributing properties.

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

Landmark. A building, structure, or site which meets one (1) or more of the criteria contained in section 22-21.03(d) of this article. A landmark may include the location of significant archaeological features or a historical event.

National (United States) Register of Historic Places. The list of historic properties significant in American history, architecture, archeology, engineering and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966 (Public Law 89-665; 80 Stat. 915; 16 U.S.C. 470), as amended.

Noncontributing property. Means and includes any building, structure or site which does not contribute to the overall historic significance of a designated historic district due to alterations, disturbances or other changes and therefore, no longer possesses historic integrity or was not present during the period of historic significance or is incapable of yielding important information about that period.

Ordinary maintenance and repairs. Work done to prevent the deterioration, decay or damage to a building or structure or any part thereof by restoring the building or structure as nearly as practicable to its condition prior to such deterioration, decay or damage.

Outside professional opinion. An opinion of an individual who practices or operates a business in the field of history, architecture, or archaeology, and who is licensed by the state, where appropriate.

Owner or owners. Those individuals, partnerships, corporations or public agencies holding fee simple title to real property. "Owner" or "owners" does not include individuals, partnerships, corporations or public agencies holding interests of less than a fee simple interest in real property.

Petition for designation. An application submitted to the committee requesting designation by city ordinance of a building, structure, site, district, or archaeological resource as historically or archaeologically significant.

Reconstruction. A faithful facsimile or re-creation of the original structure which utilizes a portion, or portions thereof, of the original building or structure and is not merely a replication or reproduction of a pre-existing structure, type of design, or architectural style.

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

Relocation. The moving of a structure from its existing location to a new location.

Restoration. The creation of an authentic reproduction utilizing the existing parts of an original object or building.

(Ord. No. 95-2, § 1, 4-4-95; Ord. No. 2018-01, § 1, 2-6-18)

(a)

Initiation of the historic designation process. The following procedures shall apply for the designation of buildings, structures, districts or sites as historic resources:

(1)

Nominations for historical site or district designation shall be made to the committee in a manner approved by the city manager or their designee on an application form developed and approved by the city as follows: Nominations for historic site or district status may be initiated by: the committee, the property owner or the Gulfport Historical Society.

(2)

The consent of all property owners of each property proposed for designation hereunder shall be required, prior to any action by the committee on a nomination for historical site designation, and the written consent of all property owners within a proposed historical district shall be required prior to any action by the city council or the committee if the committee is different than the city council on a nomination for historical district designation.

(3)

The committee shall hold a public hearing on the petition and notice of said hearing shall be provided in accordance with this chapter.

(4)

The application for designation for an individual building or site shall contain the following:

a.

A written description of the historical, cultural, architectural, and archaeological significance of the property or properties recommended for designation, including the dates of construction and names of former owners if available;

b.

A legal description of the boundaries of the site, structure, or district recommended for designation; an explanation of the reasons for those boundaries; and a map illustrating the boundaries;

c.

Photographic documentation of individual sites and structures recommended for designation; and

(5)

The application for designation for a historic or archaeological district shall contain the following:

a.

A written description of the historical, cultural, architectural, and archaeological significance of the properties recommended for designation, including the dates of construction and names of former owners if available;

b.

An identification of all structures within a proposed district, classifying them as contributing or noncontributing, with an explanation of the criteria used in developing the classification;

c.

A legal description of the boundaries of the site, structure, or district recommended for designation; an explanation of the reasons for those boundaries; and a map illustrating the boundaries;

d.

Photographic documentation of individual sites and structures recommended for designation; and

e.

The names and addresses of all property owners of record affected by the application.

(b)

Designation report. A designation report shall be prepared by the city manager, or their designee; designees to include the Gulfport Historical Society or a qualified consultant retained by the city or the property owner, prior to the designation of any historic resource, structure, or district, and shall include the following information:

(1)

For individual historic buildings, structures or sites:

a.

A physical description of the building, structure or site and its character-defining features, accompanied by photographs;

b.

A statement of the historic, cultural, architectural, or other significance of the building, structure or site as defined by the criteria for designation established by this article;

c.

A description of the existing condition of the building, structure or site, including any potential threats or other circumstances that may affect the integrity of the building, structure or site;

d.

A statement of rehabilitative or adaptive use proposals;

e.

A location map, showing relevant zoning and land use information;

f.

Recommendations concerning the eligibility of the building, structure or site for designation pursuant to this article and a listing of those features of the building, structure or site which require specific historic preservation treatments.

(2)

For historic districts:

a.

A physical description of the district, accompanied by photographs of buildings, structures or sites within the district, indicating examples of contributing and noncontributing properties within the district;

b.

A description of typical architectural styles, character-defining features, and types of buildings, structures or sites within the district;

c.

An identification of all buildings, structures and sites within the district and the proposed classification of each as contributing, contributing with modifications, or noncontributing, with an explanation of the criteria utilized for the proposed classification;

d.

A statement of the historic, cultural, architectural, or other significance of the district as defined by the criteria for designation established by this article;

e.

A statement of recommended boundaries for the district and a justification for those boundaries, along with a map showing the recommended boundaries; and

f.

A statement of incentives requested, if any, and the specific guidelines which should be used in authorizing any alteration, demolition, relocation, excavation or new construction within the boundaries of the district.

(c)

Suspension of activities. Upon the filing of a application for designation of an historic structure or district, along with the written consent forms of the property owners as designated in section 22-21.03(a)(2) hereof, no permits may be issued authorizing building, demolition, relocation or excavation on the properties which are the subject of the application, until the city council has taken final action on the application. Any permits issued prior to filing of the designation request shall be suspended until the city council has taken final action on the application or it is withdrawn.

(d)

Criteria for designation.

(1)

Sites or districts meeting the following criteria may be designated as an historic structure or district, in accordance herewith:

a.

Sites or districts which are significant to the city history, architecture, archaeology or culture, and possess an integrity of location, design, setting, materials, workmanship or association;

b.

Sites or districts which are associated with distinctive elements of the social, political, economic, scientific, religious, prehistoric and architectural history of the city, the state or the nation;

c.

Sites or districts which are associated with the lives of persons significant in the city's, states or nation's past;

d.

Sites or districts which embody the distinctive characteristics of a type, period, style or method of construction or work of a master; or that possess high artistic value; or that represent a distinguishable entity whose components may lack individual distinction;

e.

Sites or districts which have yielded or are likely to yield information about the prehistory or history of the city; or

f.

Sites or districts which are listed in the National Register of Historic Places.

(2)

Certain properties, including cemeteries, birthplaces, properties owned by religious institutions or used for religious purposes, structures that have been removed from their original locations, properties commemorative in nature, and properties that have achieved significance within the last fifty (50) years, shall not be considered for designation, unless such properties are integral parts of districts that meet the criteria, or if such properties fall within the following categories:

a.

A religious property deriving primary significance from architectural or artistic distinction of historical importance;

b.

A building or structure removed from its location but which is primarily significant for architectural value, or is the surviving structure most importantly associated with a historic event or person;

c.

A birthplace or grave of a historical figure of outstanding importance, if there is no other appropriate site or building directly associated with that figure's productive life;

d.

A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, distinctive design features or from association with historic events;

e.

A property primarily commemorative in intent, if design, age, tradition or symbolic value has invested it with its own historical significance;

f.

A property or district achieving significance within the past fifty (50) years, if it is of exceptional importance.

(e)

Designation procedure. The following procedure shall be employed in designating an historical site or district:

(1)

The committee shall hold a public hearing upon every application for designation submitted to the city and notice of said hearing shall be provided in accordance with this chapter. At such public hearing, any person may present testimony or documentary evidence concerning the significance of the property under consideration. At the close of the public hearing the committee shall vote on the proposed designation for recommendation to the city council, if the committee is different than the city council.

(2)

The city council shall consider the city manager or their designee or the committee's recommendation if the committee is different than the city council at a public hearing and notice of said hearing shall be provided in accordance with this chapter.

(3)

The city council may adopt an article providing for the recommended designation, or deny the proposed designation without further hearing.

(4)

An ordinance providing for historic designation shall be adopted in accordance with applicable law, and in addition to any other notice required by law, where the properties proposed for designation encompass at least five (5) percent of the total land area of the city, the owner or owners of property proposed for designation shall be given written notification by first class mail at least fifteen (15) days prior to the final public hearing on such ordinance.

(5)

Upon adoption of a designation article by the city council, structures, sites and districts shall remain designated as historically significant unless such designation is removed by subsequent ordinance of the city council.

(f)

Criteria for removal of designation. After an historic designation has been in effect for a period of at least fifteen (15) years, the city council may remove the historic designation from a structure, site or district by ordinance, if one (1) or more of the following criteria are met, after receiving the recommendation of the city manager or their designee or by the committee adopted at a duly notice public hearing of the committee, if the committee is different than the city council conducted in the same manner as a hearing on the approval of an historic designation application:

(1)

The subject property no longer meets the applicable criteria for designation;

(2)

Additional information indicates that the subject property did not meet the applicable criteria for designation at the time it was so designated;

(3)

An error was made in information provided by a professional in support of the petition for designation of the subject property;

(4)

A procedural error occurred in the designation process; or

(5)

The owner has violated a term or condition of a certificate of approval pertaining to the designated property.

(g)

Recording of designated properties. The city clerk shall maintain a historic sites map as part of the official zoning map. The historic sites map shall show the location of all sites and structures designated as landmarks, and shall show the boundaries of all designated historic districts. Within districts, the map shall identify contributing and non-contributing structures. The provisions of article III of this chapter shall apply in the interpretation of said map.

(Ord. No. 95-2, § 1, 4-4-95; Ord. No. 2007-03, §§ 3, 4, 4-3-07; Ord. No. 2018-01, § 1, 2-6-18)

(a)

A certificate of approval from the committee shall be required before the following actions may be undertaken affecting a designated site, or any property in a designated historic district in addition to any other permits and requirements of the city Code:

(1)

Any construction, reconstruction, development, redevelopment, alteration, restoration, or rehabilitation which requires a building permit from the city and affects the exterior of the structure involved;

(2)

The construction of any new structures in a historic district;

(3)

The relocation of any historic structure or any contributing structure located in any historic district;

(4)

The demolition of any historic site or any contributing structure located in a historic district or the removal of any significant historical feature;

(5)

Any construction which may potentially affect the integrity of a designated archeological site.

(b)

The application shall be made on a form approved by the committee and provided by the city and shall be accompanied by such plans, drawings, materials or photographs as deemed necessary to describe the proposed alteration and enable the board to visualize the effect of the proposed alteration on the property, adjacent buildings and streetscapes. If such application involves a designated archaeological site, the applicant shall provide full plans and specifications of work that may affect the surface and subsurface of the archaeological site.

(c)

The committee shall apply the following criteria in reviewing an application for a certificate of approval:

(1)

The height of any proposed alteration or new construction shall be visually compatible with adjacent properties;

(2)

The width and height of windows, doors, and entries shall be visually compatible with the character of the buildings original architectural style and those found in surrounding structures;

(3)

The relationship of a structure within a historic district to the open space between it and adjoining structures shall be visually compatible to the neighborhood or district;

(4)

The shape of the roof shall be compatible with the shape and type of roof of the building's original architectural style and those found on neighboring structures in an historic district;

(5)

The size and mass (or shape) of the building after alteration or construction shall be compatible with the building's original architectural style and the character of surrounding buildings and structures;

(6)

Landscaping shall be compatible with the architectural character and appearance of the structure or historic district;

(7)

Architectural details, including color, materials and texture, shall be treated so as to make the building or structure compatible with its original architectural style and character and to preserve or enhance the architectural style and character of the historic district in which it is located;

(8)

The renovation of contributing structures in a historic district or designated sites shall meet the Secretary of the Interiors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings;

(9)

The proposed project shall conform with the other requirements of this chapter and with the goals, objectives, and policies of all elements of the comprehensive plan;

(10)

The proposed project shall comply with the city's concurrency management system;

(11)

The impact upon archaeological sites shall preserve the integrity of the site.

(d)

Nothing contained in this section shall be construed as negating the requirement to obtain site plan approval in accordance with the requirements of article VII of this chapter, or any other requirement of this chapter.

(e)

Nothing contained in this section shall be construed to prevent the ordinary maintenance, repair or interior remodeling of any historic structure that does not involve a significant change in material, design, or exterior appearance, performed in accordance with all ordinances, rules and regulations of the city.

(f)

Nothing contained in this section shall be construed as to prevent the demolition of a noncontributing structure in an historic district.

(g)

Nothing contained in this section shall prevent the alteration, construction, reconstruction, repair, or demolition of a designated structure on an emergency basis when the building official certifies in writing that such work is necessary for the purpose of correcting conditions determined to be dangerous to life, health or property.

(h)

Permit for demolition. When authorizing a certificate of approval for the issuance of a demolition permit, the committee shall consider the following:

(1)

The historic or architectural significance of the building or structure;

(2)

The importance of the building or structure to the ambiance of a district;

(3)

The difficulty or impossibility of reproducing such a building or structure because of its design, texture, material, detail or unique location;

(4)

Whether the building or structure is one of the last remaining examples of its kind in the neighborhood or in the city;

(5)

The future utilization of the site;

(6)

Whether reasonable measures can be taken to save the building or structure; and

(7)

Whether the building or structure is capable of earning a reasonable economic return on its value, and whether the perpetuation of the building or structure, in light of its physical condition, its location and the anticipated expense of rehabilitation would be economically feasible.

(i)

When authorizing a certificate of approval for moving a designated building or structure, the board shall consider the following:

(1)

The historic character and aesthetic interest the building contributes to its present setting;

(2)

The reasons for the proposed move;

(3)

The proposed new setting and general environment of the proposed new setting;

(4)

Whether the building can be moved without significant damage to its physical integrity;

(5)

Whether the proposed relocation site is compatible with the historical and architectural character of the building;

(6)

When applicable, the effect of the move on the distinctive historical and visual character of a designated historic district;

(7)

Special consideration may be afforded to an application request to move a building or structure, provided said building or structure remains within the corporate limits of Gulfport;

(8)

Any building or structure which has obtained approval to be moved to a site within the historical district of Gulfport, must conform to the standards, guidelines and associated land development regulations of the district; and

(9)

No building or structure shall be moved without approval from the city's house moving board.

(j)

Decision by the committee.

(1)

Based on the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, as amended from time to time, the designation report, a complete application for certificate of approval, additional plans, drawings or photographs that describe the proposed alteration, and other information the committee deems necessary, the committee shall approve, approve with conditions, or deny the application.

(2)

A denial of a certificate of approval shall be accompanied by a statement of the reason(s) for such denial. The applicant may amend an application in order to address the reasons for denial.

(3)

In granting a certificate of approval, the committee may prescribe appropriate conditions and safeguards in conformity with the intent of this article to ensure compliance with the standards for review or to minimize any potential adverse impacts to adjoining property or to the district.

(4)

A certificate of approval shall be valid for a period of two (2) years from the date of approval by the committee.

(k)

Economic hardship exception.

(1)

Upon final notification that a certificate of approval has been denied, the applicant shall have ten (10) days to apply for an economic hardship exception on the basis that the denial will result in the loss of all reasonable beneficial or economic use of the property.

(2)

The committee shall schedule a public hearing concerning the application and notice of said hearing shall be provided in accordance with this chapter.

(3)

The committee may solicit expert testimony or require that the applicant for an economic hardship exception make submissions concerning any or all of the following information:

a.

Estimate of the cost of the proposed construction, alteration, demolition, or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the board for the changes necessary to obtain a certificate of approval;

b.

A report from a licensed engineer, architect or contractor with experience in rehabilitation as to the soundness of any structures on the property and their suitability for rehabilitation;

c.

Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition, or removal; after any requirements to obtain a certificate of approval; and, in the case of a proposed demolition, after renovation of the existing property for continued use;

d.

In the case of a proposed demolition, 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;

e.

Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

f.

If the property is income-producing, the annual income for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

g.

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years;

h.

All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property;

i.

Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years;

j.

Assessed value of the property according to the two (2) most recent assessments;

k.

Real estate taxes for the previous two (2) years;

l.

Form of ownership or operation of the property whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other;

m.

Any other information considered necessary by the committee to a determination as to whether the property does yield or may yield a reasonable return to the owners.

(4)

The committee shall review all the evidence and information required of an applicant for an economic hardship exception and make a determination whether the denial of a certificate of approval has deprived, or will deprive, the owner of the property of reasonable use of, or economic return on, the property. The committee shall approve, approve with conditions or deny each application for economic hardship exception. Written notice of the decision shall be provided.

(l)

Appeals.

(1)

Within ten (10) days of the written decision of the committee to deny a certificate of approval or an economic hardship exception, an aggrieved party may appeal the decision by filing a written notice of appeal with the city. The notice of appeal shall state the grounds for the appeal, and a brief summary of the relief which is sought.

(2)

The city council shall conduct a public hearing at which time it may affirm, modify or reverse the decision of the committee if the committee is different than the city council. Public notice shall be provided in accordance with the requirements of this chapter.

(3)

When the city council is acting in the capacity as the committee, appeals shall be made within thirty (30) days to the circuit court of Pinellas County, Florida.

(Ord. No. 95-2, § 1, 4-4-95; Ord. No. 2007-03, §§ 5, 6, 4-3-07; Ord. No. 2018-01, § 1, 2-6-18)

(a)

Every owner of a landmark, a landmark site or a property in a historic district shall keep the following in good repair:

(1)

All of the exterior portions of such buildings 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 to fall into a state of disrepair; and

(3)

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

(b)

The provisions of this chapter shall apply in addition to the provisions of the building code adopted by the city and amended from time to time.

(c)

Emergency conditions.

(1)

For the purpose of remedying an emergency condition determined to be imminently dangerous to life, health or property, nothing contained herein shall prevent the temporary construction, reconstruction, demolition, or other repairs to a historic structure, building, or site, or a contributing or noncontributing property, structural improvement, or landscape feature within a designated historic district.

(2)

Such temporary construction, reconstruction or demolition must take place pursuant to approval of the building official and only such work as is reasonably necessary to correct the emergency conditions may be carried out.

(3)

The owner(s) of a building or structure damaged by fire or natural calamity shall be permitted to immediately stabilize the building or structure and to later rehabilitate it under the procedures required by this article. The owner(s) may request a special meeting of the committee to consider an application for a certificate of approval to provide for permanent repairs.

(Ord. No. 95-2, § 1, 4-4-95; Ord. No. 2018-01, § 1, 2-6-18)

Any work conducted contrary to the provisions of this article shall be immediately stopped, upon notice from the building official that the work does not conform to the terms of this article. Notice shall be in writing and shall be given to the property owners, their agents, or to the person doing the work. If none of the foregoing are immediately available on the construction site to receive the required notice, it shall be posted on the property. In emergencies, the building official shall not be required to furnish written notice of the stop work order.

(Ord. No. 95-2, § 1, 4-4-95; Ord. No. 2018-01, § 1, 2-6-18)

(a)

The fees for the review of applications for designation, certificates of approval, requests for an economic hardship exception, and any appeals shall be as established by chapter 25, city services, of the City of Gulfport Code of Ordinances.

(b)

The provisions of this article shall be enforced as provided herein, as provided elsewhere in the Code of Ordinances, or as otherwise provided by law.

(Ord. No. 95-2, § 1, 4-4-95; Ord. No. 2018-01, § 1, 2-6-18)