The protection, enhancement and perpetuation of properties of special, notable, aesthetic or architectural character or historic interest or value is a public purpose and necessity, and is required in the interest of health, prosperity, safety and general welfare of the people residing within and without the town. The purpose of this article is to:

A.

Provide for the protection, enhancement and perpetuation properties which represent or reflect elements of the town's cultural, social, economic, political and architectural history; and

B.

Safeguard the town's historic and cultural heritage as embodied and reflected in such landmarks; and

C.

Stabilize and enhance property values; and

D.

Foster civic pride in the beauty and notable accomplishments of the past; and

E.

Promote the use of landmarks for the education, pleasure and welfare of the residents and visitors to the town.

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

Alteration means any change to a building designated as a landmark because of construction, repair, maintenance or otherwise.

Minor exterior alteration means an exterior change which, as determined by the administrative official:

1.

Does not cost more than $10,000.00; and

2.

Does not materially affect the exterior of the structure.

Ordinary repairs or maintenance means any work done to prevent deterioration of the building or to correct any deterioration, decay, or damage to a building by restoring the building as nearly as practicable to its condition prior to such deterioration, decay or damage.

The town commission shall hear applications for landmark designation, and may designate, with the consent of the owner of record, a property as a landmark if it satisfies at least one of the following criteria:

A.

The property exemplifies or reflects the broad cultural, political, economic or social history of the nation, state, county, or town.

B.

The property is identified with historic personages or with important events in national, state or local history.

C.

The property embodies distinguishing characteristics of an architectural type or is a specimen inherently valuable for the study of a period, style, method of construction or use of indigenous materials or craftsmanship.

D.

The property is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized or who influenced his or her age.

E.

The property is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended.

The town commission shall designate landmarks and remove landmark designations according to the following procedures:

A.

Potential landmarks shall be identified for consideration by either:

1.

Application by the owner of record, or

2.

Other means of identification.

B.

If a potential landmark is identified by means other than application by the owner of record, notice of a proposed designation shall be sent by certified mail to the owner of record announcing that a public hearing by the town commission to consider such designation on a specific date that is not less than 30 days after the mailing of such notice.

C.

The administrative official post notice of each such proposed designation within the Town Hall or other conspicuous place within the town designated for public notices at least 30 days prior to the public hearing.

D.

At public hearing, the town commission shall afford the owner of each affected property reasonable opportunity to present testimony or documentary evidence regarding the historic and architectural importance of such property.

E.

Within not more than 30 days after a public hearing, the town commission shall render a final decision regarding the proposed designation, and give written notice of its decision to each owner of property affected by the designation, which includes the reasons for the decision.

F.

Within 30 days of the date on which the town commission designates a landmark, the administrative official shall file a certificate of notification that such property is designated as a landmark in the Public Records of Martin County. The certificate of notification shall also be maintained on the public record of the town until such time as such designation may be withdrawn.

A.

No property designated as a landmark by the town commission shall be developed, altered, restored, moved or demolished in a manner that affects the exterior architectural features of the landmark until after an application for certificate of appropriateness has been approved by the town commission. For the purpose of this section, exterior architectural features shall include but not be limited to the architectural style, scale, general design, and general arrangement of the exterior of a building, including the kind and texture of the building material and type and style of roofs, windows, doors, and signs.

B.

The town commission shall not consider interior arrangement or use except as this may affect a request for exterior changes.

C.

Nothing in this section shall be construed to prevent ordinary maintenance or repairs which do not involve a change of design or material or which do not affect the exterior appearance of a building.

D.

For an exterior change project involving a minor exterior alteration, the requirement of a certificate of appropriateness may be waived by the administrative official, who may authorize the minor exterior alteration with a building permit.

E.

The town commission shall hold a public hearing upon each application for a certificate of appropriateness. Notice of the time and place of said hearing shall be mailed to the property owner not less than 30 days prior to the date established for the hearing.

F.

Within not more than 30 days after the hearing on an application, the town commission shall act upon it, either approving, denying or deferring action until the next meeting of the commission.

A.

In deciding whether to approve, approve with conditions, or deny a certificate of appropriateness related to the development, alteration, restoration, or movement of a building or structure, the town commission shall consider the original design of the building and make a determination that exterior alteration shall not significantly affect the architectural quality or historical character of the building.

B.

Certificates of appropriateness shall be approved for demolition of historic landmarks if:

1.

A six-month written notice has been given to the administrative official; and

2.

The applicant demonstrates that the standards of article X, section 2.03 are satisfied.

C.

During the waiting period set out in section 1.05(B), the town may conduct negotiations with the owner, obtain an historic easement, or take other appropriate action in order to preserve the property. The town commission may waive any or all portions of the waiting period, provided the demolition is undertaken subject to conditions agreed upon by the town commission and the owner which mitigate the adverse effects of the demolition and ensure the continued maintenance of the character of the property or district.

The owner of any landmark may, at any time following the designation of his or her property, enter into a restrictive covenant regarding the property after negotiation with the town commission. The commission may assist the owner in preparing such a covenant in the interest of preserving the landmark. After acceptance by the town commission, the owner shall record such restrictive covenant in the Public Records of Martin County.

A.

Scope of tax exemptions. The town commission may allow tax exemptions for the restoration, renovation or rehabilitation of historic properties. The exemption shall apply to 100 percent of the assessed value of all improvements to historic properties which result from restoration, renovation, or rehabilitation made on or after February 9, 2000. The exemption applies only to taxes levied by the town, and does not apply to:

1.

Taxes levied for the payment of bonds; and

2.

Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article VII, of the Florida Constitution; and

3.

Taxes on personal property.

B.

Duration of tax exemptions. Any exemptions granted under this section to a particular property shall remain in effect for ten years. The duration of ten years shall continue regardless of any change in the authority of the town to grant such exemptions or any changes in ownership of the property. However, in order to retain an exemption, the historic character of the property, and improvements which qualified the property for an exemption, must be maintained over the period for which the exemption was granted.

C.

Eligible properties and improvements.

1.

Property is qualified for an exemption under this section if the town commission has certified that at the time the exemption is granted, the property for which an exemption is requested is:

a.

Individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or

b.

A contributing property within a National Register listed district; or

c.

Is designated as a historic property, or as a contributing property to a historic district, under the terms of these land development regulations; and

2.

In order for an improvement to a historic property to qualify the property for an exemption, the improvement must be:

a.

Consistent with the United States Secretary of the Interior's Standards for Rehabilitation; and

b.

Determined by the division of historical resources of the department of state, which the town hereby designates to review applications for exemption, to meet criteria established in rules adopted by the department of state.

D.

Applications. Any person, firm, or corporation that desires ad valorem tax exemption for the improvement of a historic property must, in the year the exemption is desired to take effect, file with the administrative official a written application on a form approved by the department of state. All applicable fees shall be paid at the time the application is submitted. The application must include all of the following information:

1.

The name of the property owner and the location of the historic property.

2.

A description of the improvements to real property for which an exemption is requested, and the date of commencement of construction of such improvements.

3.

Proof that the property that is to be rehabilitated or renovated is a historic property under this section.

4.

Proof that the improvements to the property will be consistent with United States Secretary of Interior's Standards for Rehabilitation and will be made in accordance with the guidelines developed by the department of state.

5.

Other information identified in appropriate department of state regulations.

E.

Required covenant. To qualify for an exemption, a property owner must enter into a restrictive covenant or agreement with the town for the term for which the exemption is granted. The form of the restrictive covenant or agreement will be established by the department of state, and must require that:

1.

The character of the property and the qualifying improvements to the property be maintained during the period that the exemption is granted; and

2.

The covenant or agreement is binding on the current property owner, transferees, and their heirs, successors, or assigns; and

3.

Violation of the covenant or agreement results in the property owner being subject to the payment of the differences between the total amount of taxes which would have been due in each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in F.S. § 212.12(3), as amended from time to time.

F.

Approval by the town commission. A majority vote of the town commission shall be required to approve a written application for exemption. Such exemption shall take effect on the January 1 following substantial completion of the improvement. The town commission shall include the following in the resolution or ordinance approving the written application for exemption:

1.

The name of the owner and the address of the historic property for which the exemption is granted; and

2.

The period of time for which the exemption will remain in effect and the expiration date of the exemption; and

3.

A finding that the historic property meets the requirements of this section.

Some roadways, due to their cultural, historic, or environmental amenities, may warrant special protection. Examples may include canopy tree roads or roadways with special scenic or historic qualities. The purpose of this division is to provide for the designation and protection of such roadways or roadway segments in the Town of Jupiter Island as canopy tree roads or historic or scenic corridors.

(Ord. No. 355, 12-8-15)

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

Canopy tree road. A section of roadway where the trees form a continuous canopy over the roadway.

Canopy tree road protection zone. All lands within 100 feet of the centerline of designated roads where trees form a continuous canopy over the roadway are to be treated as canopy tree road protection zones.

Ficus Allée. Ficus Allée, within the Town of Jupiter Island municipal limits, refers to the section of SE Bridge Road from SE Beach Road to the center of the Intracoastal Waterway. Outside the municipal limits, Ficus Allée continues along Bridge Road until it reaches SE Gomez Avenue.

Ficus Allée canopy tree road protection zone. Ficus Allée within the Town of Jupiter Island municipal limits is hereby defined as a canopy tree road protection zone.

Ficus Allée Tree Inventory Map. The official inventory of Ficus Allée trees is maintained by the Town of Jupiter Island Public Works Department. A copy is on file with the town clerk.

Ficus nitida. The species of Ficus tree which forms the canopy of trees of Ficus Allée.

Ficus Tree Allée Future Care Plan. A document describing the best management practices in the care of the Ficus nitida trees. The Future Care Plan is maintained by the Town of Jupiter Island Public Works Department. A copy is on file with the town clerk.

Town. The Town of Jupiter Island, a Florida municipal corporation.

(Ord. No. 355, 12-8-15; Ord. No. 372, § 1, 9-12-18)

A.

Protected trees. All trees making up the tree canopy within the canopy tree road protection zone are hereby protected, including but not limited to: Ficus nitida, banyan, mangrove, gumbo limbo, strangler fig, red bay, and live oaks.

B.

Protections afforded.

1.

Removal or damage prohibited. Protected trees may not be removed or damaged without prior approval of the town manager.

2.

Replacement. Any trees removed must be replaced with a tree of the same species, and of a size acceptable to the town manager.

3.

Activities. Activities within the canopy tree road protection zone(s), other than normal traffic, are limited to low-impact activities, e.g., walking, jogging, bicycling, bird watching, photography, art, etcetera, which will not interfere with or damage the protected trees.

4.

Construction. Construction is prohibited except under limited circumstances. Construction shall be limited to necessary road and bridge maintenance, sidewalks, necessary signage, and amenities designed to encourage and appreciate the benefits of canopy tree roads, such as benches and trash receptacles.

a.

When construction is necessary, barricades must be constructed around the critical protection zone of each tree or cluster of trees. These barricades must be constructed of a minimum of one-fourth-inch diameter rope which is yellow or orange in color and made of nylon or poly. The rope is to be attached to a minimum of two × two wooden poles, iron rebar, two inches or greater PVC pipe or other material with prior approval of the town manager. The rope must be a minimum of four feet off the ground and may not be attached to any vegetation. All barricades must be maintained intact for the duration of construction. The barricades are to be placed around the entire tree canopy. When that is not practicable, then they should be placed at a minimum of five feet from the tree trunk.

b.

Construction equipment shall be staged from a suitable off-site location. The tree protection zone shall not be used as a staging area for construction activities.

5.

Parking. Parking of unattended vehicles is prohibited within the tree protection zone(s). Temporary or permanent parking is prohibited, except that public safety vehicles may be allowed.

C.

Criteria for removal. Any tree removed within the canopy tree road protection zone must be approved in advance by the town manager. Protected trees may only be removed under limited conditions. The town manager will consider the following criteria in considering a request to remove a tree:

1.

Request for removal is submitted in writing to the town manager.

2.

Reasonable efforts have been made to rejuvenate or otherwise restore the protected tree to good health.

3.

The protected tree is diseased or damaged to the degree that it cannot be rejuvenated or restored.

4.

Removal of the protected tree will assist in maintaining the overall health of the remaining trees.

5.

Removal of the protected tree is necessary to restore emergency public safety access to the island.

6.

Adjacent protected trees are protected following the construction procedures described above.

D.

Periodic and routine maintenance.

1.

The town shall follow best management practices to maintain the health and long term viability of the trees.

2.

The town shall maintain a traffic clear zone at a height of 13 feet above the pavement, from pavement edge to pavement edge. The clear zone shall be maintained in such a manner as to promote the overall health and scenic beauty of the tree canopy.

E.

Replanting requirements.

1.

Replacement plants may be secured commercially if a more suitable specimen is available within reasonable budgetary constraints.

2.

Any replacement tree will be planted in the same location as the tree which was removed.

3.

Offsite mitigation is prohibited.

(Ord. No. 355, 12-8-15)

A.

Ficus Allée and South Beach Road/County Road 707.

1.

Ficus Allée and South Beach Road/County Road 707 are beautiful and historic reminders of the special quality of life of Jupiter Island and Martin County.

2.

The Ficus Allée and South Beach Road/County Road 707 are important natural landmarks, recognizable to residents and visitors alike.

3.

Ficus Allée and South Beach Road/County Road 707 have important connections to the founders of the town.

4.

Ficus Allée and South Beach Road/County Road 707 are hereby designated as canopy tree roads.

5.

Best management practices are described in the document titled Ficus Tree Allée and South Beach Road/County Road 707 Future Care Plan, which may be amended from time to time.

6.

The town shall maintain a nursery of Ficus nitada trees for use when replanting becomes necessary.

7.

Each tree is documented on the Ficus Allée - South Beach Road/County Road 707 tree inventory map maintained by the town public works department.

B.

Consideration of additional roadways.

1.

The town many consider requests to designate other roadways as canopy tree roads. The request may be initiated by either the town or by an abutting property owner. The request should be in writing and should include:

a.

A description of the proposed section of roadway; and

b.

A description of the cultural, historic or environmental significance of the section of roadway.

2.

The town commission shall hold an initial discussion at a regular meeting of the commission to consider the appropriateness of the designation.

3.

If approved initially, the town commission shall initiate an amendment to this ordinance adding the section of roadway.

4.

The adoption of the ordinance shall follow all of the normal procedures for such, including but not limited to, notifying all affected property owners.

(Ord. No. 355, 12-8-15; Ord. No. 372, § 2, 9-12-18)

This division shall be administered by the Town Manager of Jupiter Island, or his designee.

(Ord. No. 355, 12-8-15)