This chapter shall be known as the "Indian River County Historic and Archaeological Resource Protection chapter".

(Ord. No. 90-16, § 1, 9-11-90)

It is the purpose of this chapter:

(1)

To protect and perpetuate the natural and cultural heritage of significant historic and/or archaeological sites and structures, including scenic and historic roads, in addition to enhancing their resource and property value for the benefit, education, and enjoyment of future generations;

(2)

To protect the public interest in historic and/or archaeological sites, structures, or roadways from adverse activities, land uses, excavations, construction, destruction and other impacts, and to prevent the unnecessary removal of historic structures or archaeological artifacts;

(3)

To stabilize and improve property values, while providing attractions to residents, tourists and visitors, a stimulus to business and industry and a mode to preserve the beauty and historical past of Indian River County; and

(4)

To implement Comprehensive Plan Policies 8.3 and 8.4 of the Future Land Use Element, and Policy 9.4 of the Coastal Management Element.

(Ord. No. 90-16, § 1, 9-11-90)

All terms defined in Chapter 901, Definitions, are applicable in this chapter.

(Ord. No. 90-16, § 1, 9-11-90)

The power and authority of the board of county commissioners shall be in accordance with Chapter 902, Administrative Mechanisms, and shall be described in detail in that chapter.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2010-09, § 11, 5-4-10)

Within Indian River County, it shall be unlawful for any person, group, organization or agency to knowingly and/or willfully damage, alter, destroy, deface, renovate, relocate, excavate or otherwise disturb any known or designated historic or archaeological resource without prior and appropriate authorization from the Indian River County Board of County Commissioners and from any additional State or federal regulatory agency with applicable jurisdiction.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Petitions. An historic or archaeological designation request may be initiated by a written petition from a property owner, the community development department, the Indian River County Historic Society, the historic resources advisory committee, or by an appropriate, authorized agency of the U.S. Government and/or the State of Florida.

(a)

Written petitions for historic designations may be initiated by, or authorized by, the property owner(s). This request shall be submitted to the historic resources advisory committee and shall be accompanied by any additional information necessary, as requested by the committee, to properly investigate and comment on the request. The committee shall review all potential historic designations, and provide additional information, comments or recommendations (as necessary) to the board of county commissioners.

(b)

The historic resources advisory committee may, upon a majority vote, request an historic/ archaeological designation or investigation of any known or suspected historic resource. The committee may also request additional protection or delineation for any proposed, recognized or submitted historic resource within Indian River County.

(c)

The community development director, or his designee, or the Indian River County Historic Society may forward a request for historic designation of a historic resource to the historic resources advisory committee for comments and recommendations.

(d)

Upon petition/request for archaeological resource designation, the county shall provide written notification to the property owner(s) of the intent to consider a proposed historic designation at least thirty (30) calendar days prior to the date of the public hearing as provided for in Chapter 902.

Upon request for historic resource designation involving human burial remains, all issued or pending permits pertaining to the affected portion of the subject property shall be suspended, and no new permits shall be issued or reinstated for a period of up to fifteen (15) consecutive days or until a final report is received from the State archaeologist or district medical examiner.

(2)

Designations. The board of county commissioners shall hold public hearings to consider petitions/requests for historic designations pursuant to the criteria of section of 933.10 and pursuant to the provisions of Chapter 902, Administrative Mechanisms. Such designations shall confer upon applicable structures or properties an acknowledgement of local historic significance.

All petitions/requests for historic designations approved by a majority vote of the historic resource advisory committee shall be forwarded to the board of county commissioners for final approval. The board of county commissioners may, upon a majority vote, designate an area, site, artifact, excavation, structure or other resource as an historic resource, regulated by the provisions of this ordinance.

(3)

Appeals. Decisions and/or designations by the board of county commissioners concerning historic resources within Indian River County are subject to the procedures and provisions set forth by Section 902, Administrative Mechanisms. Appeals of the board's decision may be initiated by the subject property owner or authorized agent.

Upon any appeal of the board's decision, the board of county commissioners may continue the suspension of all activities and permits within that portion of the site associated with the historic or archaeological resources in question, pending a final decision or agreement between the board and the subject property owner(s) or a rendering of a decision of appeal, whichever occurs first. Any property owner(s) may waive the deadlines set forth in this ordinance or request an earlier hearing by written request to the board of county commissioners, which shall approve, deny or approve with conditions all waiver requests.

(Ord. No. 90-16, § 1, 9-11-90)

Duly authorized agents of the State of Florida or the federal government, or organizations authorized by Indian River County conducting bona fide scientific surveys, investigations, excavations or explorations for the purpose of identification, protection, or exhumation of historical resources of Indian River County, may be exempted from the provisions of this ordinance, provided such exemptions are deemed to be in the best interest of the citizens of Indian River County, the State of Florida or the nation.

In circumstances of emergency or impending disaster, the provisions of this ordinance shall in no way impede or restrict the performance or duties of any authorized emergency personnel with proper jurisdiction in Indian River County. In addition, the building division director shall have the authority to issue emergency demolition and/or construction permits for any historic or potential historic resource which possesses an immediate or obvious threat to the health, safety and welfare of the citizens of Indian River County.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Restrictions. It shall be illegal and subject to the penalties provided herein for any person to engage in any of the following activities without prior authorization from the planning and zoning commission:

(a)

The erection of structures within the thirty-foot buffer or designated protected area of any designated historic road.

(b)

The placement of overhead utilities within the protected area, except that:

1.

Utility drops may be installed to previously existing buildings within the protected area;

2.

Primary electrical transmission lines carrying twenty-five thousand (25,000) volts or more may be exempted from this restriction by the county commission after site plan approval when such transmission lines propose to cross the protected area perpendicular to the scenic road;

3.

Utility lines carrying less than twenty-five thousand (25,000) volts shall be installed underground. The installation of transformers shall be allowed when landscaped to prevent view from the road when servicing new development from underground electrical transmission lines.

(2)

Rules and regulations. The board of county commissioners may from time to time adopt rules and regulations by resolution setting forth specific restrictions for the purpose of preserving scenic and historic roads. Such restrictions may relate to but shall not be limited to the following topics:

(a)

Providing for the placement of information signs designating scenic and historic roads and providing historical information to members of the public;

(b)

Providing special rules and regulations for the preservation and maintenance of the roads with the intent to protect and enhance their scenic quality.

(3)

Use of protected area as required yard areas. The protected area defined by this article may be used to fulfill the requirements of these land development regulations pertaining to front, side or back yard setbacks.

(4)

Management and protection of scenic or historic roads. The public works department of Indian River County, the parks department and the community development department shall implement guidelines for maintenance of the scenic and historic roads. The following guidelines apply to all scenic and historic roads:

(a)

Clear cutting of vegetation in the protected area of any scenic or historic road shall be prohibited, except under circumstances where sight lines are obstructed and contribute to traffic hazards;

(b)

The cutting of selective vegetation within the protected area shall be allowed upon the recommendation of the community development department and approval of the county planning and zoning commission;

(c)

The establishment of planting strips within the protected area to be comprised of native vegetation shall be allowed upon approval of the community development director;

(d)

Improvements for providing adequate drainage for the roadbed and surrounding properties, and a program of maintenance to ensure the continued effectiveness of the systems may be established;

(e)

The selective removal of trees and other vegetation from the protected area shall be allowed when such are damaged beyond restoration. In all cases, all such activity will comply with the Indian River County Tree Protection Chapter;

(f)

Individual management plans for scenic and historic roadways may set additional restrictions or requirements for these roadways:

1.

The additional considerations of Resolution No. 89-39 "Jungle Trail Management Plan" shall be applied to all projects, zonings, uses, and other activities in the vicinity of the historic roadway of Jungle Trail.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Archaeological survey requirement. Within Indian River County, any person(s), company, organization or government agency engaged or promoting activities which unearth, uncover, or otherwise reveal any suspected archaeological site, burial, artifact, or other remains, shall be required to immediately notify the Indian River County Environmental Planning section as to the nature, size and exact location of the suspected find. In addition, the county environmental planner shall have authority to request an archaeological survey from a representative of an authorized agency or qualified archaeologist for development in any area known or documented to contain historic resources. If the presence of historic resources is confirmed, all activities, permits and/or exemptions associated with that portion of the subject site shall be temporarily suspended for a period of three (3) working days, or until initial site inspection, subsequent evaluation and site-release to continue work is issued by the environmental planning section, whichever occurs first. However, following the initial site inspection, if human burial remains are found, the environmental planning staff shall have authority to temporarily suspend for up to fifteen (15) days all activities, permits and/or exemptions concerning the subject site until a subsequent inspection and evaluation is conducted by a representative of a qualified agency with experience in archaeological identifications or the medical examiner. Any known or suspected archaeological sites, artifacts, remains or other resources shall be reported to the historic resources advisory committee, which shall have the authority:

(a)

To request that the property owner conduct a scientific excavation and evaluation of the site by [and] under the direction of a bona fide archaeologist;

(b)

To make recommendations to the board of county commissioners as to the nature, importance and possible preservation and/or protection of the known or suspected archaeological remains;

(c)

To review for consistency all proposed mitigation procedures and potential adverse impacts to the subject site;

(d)

To recommended/comment on variance requests for archaeological protection;

(e)

To recommended/comment on potential public acquisitions for archaeological preservation.

(2)

Excavations. All subsequent excavations, removals, preservations, designations, displays or mitigations concerning a potential, known, or designated archaeological site, must be approved by the board of county commissioners upon recommendation by the historic resources advisory committee and/or the appropriate state or federal authorities. All approved excavations shall be in strict accordance with the recommendations, permits, approvals or authorizations of the board of county commissioners and/or any appropriate state or federal agency with jurisdiction and knowledge of archaeological resources within Indian River County.

(3)

Human burials. F.S. ch. 872 (1987) (Offenses Concerning Dead Bodies and Graves) effects a third degree felony for persons who willfully and knowingly disturb any human burial remains. Any person who knows or has reasons to know that an unmarked human burial is being unlawfully disturbed, destroyed, defaced, mutilated, removed, excavated or exposed shall immediately notify the local law enforcement agency with jurisdiction in the area where the unmarked human burial is located. Persons with knowledge of the disturbance who fail to notify the local law enforcement agency will be guilty of a misdemeanor of the second degree. All subsequent actions concerning the subject human burial shall be in compliance with F.S. ch. 872.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Minimum criteria for designation. Any historic resource included or eventually added to the Historic Properties Survey of Indian River County, Florida, the National Register of Historic Places, or any other appropriate and recognized existing or future survey by an authorized agent of the local, state or federal government, shall be subject to the provisions of this ordinance, as contained herein. All deletions, additions or amendments to the historic properties survey or other authorized surveys, maps or lists shall be subject to the processes, criteria, reviews and approvals as outlined in this ordinance.

The following minimum criteria shall be utilized when evaluating a structure, district, site or other resource for designation as an historic resource or for inclusion in the historic properties survey.

(a)

The considered historic resource must be a minimum of fifty (50) years old and contain significant character, interest, or value as part of the historical, cultural, aesthetic and architectural heritage of Indian River County, its municipalities, the surrounding counties, the state, or the nation. General evaluation criteria shall include the significance and association of the building with the way of life or activities of a major person, location, event, family, business or institution recognized as important to the county, its municipalities, the surrounding counties, the state, or the nation; or

(b)

The considered historic resource displays the historical, political, cultural, economic or social trends of community history; or

(c)

The considered designation displays unique and/or distinguishing characteristics of an architectural style, design period, method of construction, detail, craftsmanship or material; or

(d)

The considered historic resource is a historic or outstanding work of a prominent architect, designer, engineer, builder or landscape architect; or

(e)

The site, building or structure meets the historic development standards as defined by, and listed in the regulations of, and criteria for, the National Register of Historic Places, as prepared by the U.S. Department of the Interior, under the Historic Preservation Act of 1966, as amended.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Transfer of development rights. Any density which may have been allocated to an archaeologically "designated" portion of a site may be transferred to other portions of the site (or if necessary, to other properties) so long as density on the receiving site is not increased by greater than twenty (20) percent of the density which is normally allowed in the receiving sites zoning district. Such density transfers shall be subject to the provisions of the planned development zoning district.

(2)

Tax relief. Conservation easements may be recorded to protect archaeologically "designated" sites, pursuant to F.S. 704.06, and tax relief may be petitioned for accordingly.

(3)

Mitigation. The historic resources advisory committee may request that the community development department apply for variances to the board of adjustment, as needed, to preserve historic resources.

(4)

Public acquisitions. Staff or interested members of the public shall recommend which locally "designated" sites, if any, are suitable for public acquisition, identify funding sources and forward public acquisition recommendations to the board of county commissioners for action.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2010-09, § 12, 5-4-10)

Any person(s), agencies, or companies who carry out or cause to be carried out any work, activity, or disturbance in violation of this ordinance shall be required to restore the subject historic resource or disturbed portion of the site either to its former appearance and/or condition prior to the violation, or in accordance with the recommendations of the board of county commissioners of Indian River County. In addition, all violators of this ordinance shall be liable for fines not to exceed five-hundred dollars ($500.00) or sixty (60) days in jail for each violation of the provisions of this ordinance. Violations may be pursued through proceedings of the Indian River County Code Enforcement Board or a court competent jurisdiction, and shall be in addition to and not in lieu of any other civil or criminal prosecution and/or penalty otherwise provided in the laws and ordinances of Indian River County, the Laws and Statutes of the State of Florida, or the laws of the United States of America.

(Ord. No. 90-16, § 1, 9-11-90)