The city historic architectural review board shall serve as the city historic preservation agency (hereinafter referred to within this article as the agency) to meet the requirements and carry out the responsibilities of this article.

(Ord. No. 10-07, § 2, 4-9-2007)

In addition to the powers and duties stated within article 3 of these Land Development Regulations, the agency shall take action necessary and appropriate to accomplish the purposes of this article. These actions may include, but are not limited to:

1.

Survey; inventory. Surveying and inventorying of historic buildings and areas and archeological sites and the plan for their preservation and historic designation;

2.

Designations. Recommending the designation of historic districts and individual landmarks and landmark sites and reviewing proposed National Register nominations within the city;

3.

Construction, demolition, etc. Regulating alterations, demolitions, relocations and new construction to designated property;

4.

Guidelines. Adopting guidelines for changes to designated property;

5.

Government cooperation. Working with and advising the federal, state and other appropriate governmental agencies and other agencies or boards of local government;

6.

Assistance to owners, etc. Advising and assisting property owners and other persons and groups including neighborhood organizations who are interested in historic preservation; and

7.

Education. Undertaking educational programs which contribute to the awareness of the preservation of historic sites and structures.

(Ord. No. 10-07, § 2, 4-9-2007)

A landmark, landmark site or historic district shall be presumed to have historical or archaeological significance if it meets one of the following criteria:

1.

Listing. It is listed on the National Register of Historic Places or State of Florida Historical Register (State Master Site File).

2.

Within listed district. It is within a district listed on the National Register of Historic Places or State of Florida Historical Register (State Master Site File) and has been requested for such designation by the owner of the site or structure or their agent.

3.

Requested. It has been requested to be designated by the property owner or their agent upon approval of an application, with information as required by this article, and amendment of the historical resources map within the Comprehensive Plan (whether or not it is to be submitted for inclusion on the Florida Master Site File or for consideration for the National Register of Historic Places).

(Ord. No. 10-07, § 2, 4-9-2007)

Consideration of the designation of a landmark and landmark site or a historic district shall be initiated by the filing of an application for designation by the property owner. The city shall charge a fee for each application as provided for in article 1 of these Land Development Regulations. The applicant shall complete an application form provided by the land development regulation administrator which shall include: (1) a written description of the architectural, historical, or archeological significance of the proposed historic site or district and specifically addressing and documenting those related points contained the criteria for designation of property within this article; (2) date of construction of the structures on the property and the names of the former owners; (3) photographs of the property; and (4) legal description and map of the property to be designated as a landmark, landmark site, or historic district. On applications for the designation of historic districts, the applicant shall also submit: (1) evidence of the approval of the district from two-thirds of the property owners; and (2) a written description of the boundaries of the district. The land development regulation administrator or their designee shall determine when an application is complete and may request additional information when such application is determined to be incomplete. Applications for such designation shall be considered as applications for amendment of the Historical Resources Map of the Comprehensive Plan and amendment to the official zoning atlas.

(Ord. No. 10-07, § 2, 4-9-2007)

Following the submission of a completed application the agency shall conduct a public hearing on the proposed designation. Notice of the public hearing and notice to the owner shall be given in accordance with F.S. §§ 163.3161—163.3215 and article 13 of these Land Development Regulations. For the nomination of National Register properties, the city commission, applicants, and owners of record shall be notified by mail 30 days before the appropriate public hearing to comment on or object to a proposed designation to the National Register. Any property owner objecting to the designation of their property to the National Register must submit a notarized letter of objection to the secretary of the historic architectural review board prior to the public hearing to prevent nomination.

(Ord. No. 10-07, § 2, 4-9-2007)

The agency shall recommend the designation of property as a landmark, landmark site, or historic district after the public hearing based upon one or more of the following criteria:

1.

Heritage. Its value is a significant remainder of the cultural or archeological heritage of the city, state or nation;

2.

Significant event. Its location is a site of a significant local, state, or national event;

3.

Significant person. It is identified with a person or persons who significantly contributed to the development of the city, state, or nation.

4.

Influential person. It is identified as the work of a master builder, designer, or architect whose individual work has influenced the development of the city, state, or nation;

5.

Quality of architecture. Its value as a building is recognized for the quality of its architecture, and it retains sufficient elements showing its architectural significance;

6.

Architectural style. It has distinguishing characteristics of an architectural style value for the study of a period, method of construction, or use of indigenous materials;

7.

Significant area. Its character is a geographically definable area possessing a significant concentration, or continuity of sites, buildings, objects or structures united in past events or aesthetically by plan or physical development; or

8.

Significant neighborhood. Its character is an established and geographically definable neighborhood, united in culture, architectural style, or physical plan and development.

(Ord. No. 10-07, § 2, 4-9-2007)

After evaluating the testimony, survey information and other material presented at the public hearing, the agency shall make its recommendation to the city commission on the property or area under consideration. Applications for designation shall be recommended for approval or denial. If the agency recommends a designation, it shall explain how the proposed landmark or historic district qualifies for designation under the criteria contained in this section.

(Ord. No. 10-07, § 2, 4-9-2007)

The city commission shall approve, modify or disapprove the proposed designation as an amendment to the Historic Resources Map of the Comprehensive Plan as provided in F.S. §§ 163.3161—163.3215 and the official zoning atlas as provided within these Land Development Regulations.

(Ord. No. 10-07, § 2, 4-9-2007)

Upon denial of the application for designation, there shall be a 12-month waiting period before any applicant may resubmit the proposal unless the agency waives said waiting period based upon consideration of the following factors:

1.

There is presented with such new written petition new evidence bearing upon the subject matter of the written petition, which could not reasonably have been presented to the agency at the time of the previous hearing on the written petition; or

2.

Failure to waive said 12-month waiting period constitutes a hardship to the applicant resulting from mistake, inadvertence.

(Ord. No. 10-07, § 2, 4-9-2007)

The designation of any landmark, landmark site, or historic district may be amended or rescinded through the same procedure used for the original designation.

(Ord. No. 10-07, § 2, 4-9-2007)

11.11.1. Certificate of appropriateness. No person may undertake the following actions affecting a designated landmark or landmark site without first obtaining a certificate of appropriateness from the agency or an administrative certificate of appropriateness from the land development regulation administrator, or his/her designee. Actions described as minor changes, pursuant to the provisions of Section 11.11.3.1 and described as rooftop solar installations, pursuant to the provisions of Section 11.11.3.2, require an administrative certificate of appropriateness. All actions not eligible for an administratively-issued certificate of appropriateness shall be considered major changes, requiring review and approval by the Historic Architectural Review Board (agency).

1.

Alteration of an archeological site, or the exterior part or premises of a building or a structure;

2.

New construction;

3.

Demolition; or

4.

Relocation.

11.11.2. Review of new construction and alterations. Review of new construction and alterations to designated buildings and structures shall be limited to exterior changes visible to the public. The land development regulation administrator is authorized to issue a stop work order whenever any alteration, new construction, demolition or relocation is undertaken on a designated landmark or a designated landmark site, without a certificate of appropriateness. In addition, the land development regulation administrator, or his/her designee, is authorized to administratively issue a certificate of appropriateness for the installation of rooftop solar photovoltaic systems as provided for in these regulations, and other actions described as minor changes. All other actions, not otherwise provided for in this Article, are considered major changes and require a certificate of appropriateness granted by the Historic Architectural Review Board.

A certificate of appropriateness shall be in addition to any other building permits required by law. The issuance of a certificate of appropriateness from the agency shall not relieve the property owner of the duty to comply with other state and local laws and regulations.

11.11.2.1. Ordinary repairs and maintenance. Ordinary repairs and maintenance, that are otherwise permitted by law, may be undertaken without a certificate of appropriateness provided this work on a designated landmark or a designated landmark site does not alter the exterior appearance of the building, structure, or archeological site, or alter elements significant to its architectural or historic integrity.

11.11.2.2. Effective date of agency-issued certificate of appropriateness. No certificate of appropriateness for alteration, new construction, demolition, or relocation pursuant to the provisions of this article shall be effective for a period of 15 days subsequent to the agency's decision. If during that 15-day period an appeal is made to the city commission, the decision of the agency shall automatically be stayed pending city commission review.

11.11.2.3. Need for Professional Expertise. The historic architectural review board may seek expertise on proposals or matters requiring evaluation by a profession not represented on the board.

11.11.3. Administrative Approval Process. The land development regulation administrator, or his/her designee, is authorized to administratively issue a certificate of appropriateness for the following types of actions. If an application for an administrative certificate of appropriateness is denied by the land development regulation administrator, or determined not to qualify, or possibly not to qualify, as a minor change, upon the applicant's request or staff's recommendation, such application will be submitted to the Historic Architectural Review Board.

11.11.3.1. Minor Changes. Actions considered minor changes eligible for the administrative approval process include minor building alterations and replacements, accessory structures, and site work.

1.

An Administrative Certificate of Appropriateness for a Minor Change applies to the following projects.

a.

Re-roofing. The removal and replacement of roofing materials, provided that no other significant alterations are made, i.e. change to roof pitch or shape, or removal of architectural roof features, dormers, and chimneys. Proposed replacement materials must be similar to existing roofing materials or of metal materials.

b.

Replacement of Existing Features. The replacement of any original feature of a contributing resource is discouraged, unless warranted due to safety concerns or deterioration beyond repair. In such cases of severe deterioration, replacement of the feature with in-kind or similar materials is permitted. Features eligible for staff review and approval include: windows, doors, roofing, soffits, fascia, awnings, porch steps, railings, screening, or enclosures, and architectural ornamentation.

c.

Accessory Structures. The construction, relocation, or removal of accessory buildings, provided that the structure is 300 square feet or less. Pools and pool screened enclosures regardless of size are eligible for administrative review.

d.

Decks. The construction or removal of decks, provided that the decks do not create a major alteration to a contributing building.

e.

Fences and Walls. The construction, replacement, or removal of any fences or walls on a property.

f.

Driveways, Walkways, Paving. The construction or replacement of any permanent paving on a property.

g.

Signs. The installation of new signs and removal or alteration of historic signs.

2.

Review of minor changes during the administrative approval process shall consider the following additional design criteria, as appropriate:

a.

Consistency with the goals, objectives, and policies in the Newberry Visions Sub-Element of the Future land Use Element in the City of Newberry's Comprehensive Plan, included in the city of Newberry's Code of Ordinances.

b.

Consistency with surrounding properties located within the historic district, in keeping with the Florida vernacular architectural style.

c.

Compatibility with the Secretary of the Interior's Standards for Rehabilitation.

11.11.3.2. Installation of rooftop solar photovoltaic systems. The land development regulation administrator or designee may issue a certificate of appropriateness for the installation of a rooftop solar photovoltaic system, as provided for and defined in these Land Development Regulations, if the installation is located away from street frontage view and meets the following additional design criteria, as relevant:

1.

Solar panels are mounted separate from contributing structures and placed on a shed, garage or other accessory structure.

2.

Location is not on an historic portion of the structure.

3.

The attached solar panel system is located in a manner such that it does not affect the primary roof facade elevations.

4.

Installation does not result in the permanent loss of significant character-defining features of a historic resource, such as existing rooflines or dormers.

5.

Installation will not result in the removal or permanent alteration of historic fabric. Solar panel installations should be reversible.

6.

Solar panels should be flush to the roof or low profile, to the extent feasible.

7.

On flat roofs, solar panels are set back from the edge. If there is a parapet, panels are located behind the parapet walls.

8.

Solar panels, support structures, and conduits blend into the surrounding features of the historic resource.

Issuance of this certificate is not an authorization for such installation: other review and permits are required, such as a building permit, verification of certified plans, and coordination with the power company serving the subject property.

11.11.4. Major Changes. All actions not considered minor changes eligible for an administratively-issued certificate of appropriateness, pursuant to the provisions of this Article, shall be considered major changes, requiring review and approval by the Historic Architectural Review Board (agency).

11.11.5. Application procedure for certificate of appropriateness. Each application for a certificate of appropriateness shall be accompanied by the required fee and submitted to the land development regulation administrator. The land development regulation administrator shall forward to the agency each application for a permit that would authorize an alteration, new construction, demolition or relocation affecting a designated landmark or a designated landmark site, not otherwise considered a minor change eligible for an administrative certificate of appropriateness, pursuant to the provisions of this article. The applicant shall complete an application form provided by the land development regulation administrator containing in part the following information:

1.

Drawings of the proposed work;

2.

Photographs of the existing building or structure and adjacent properties; and

3.

Information about the building materials to be used.

The land development regulation administrator or his or her designee shall determine when an application is complete and may request additional information when such application is determined to be incomplete.

11.11.6. Public hearings for certificates of appropriateness. The agency shall hold a public hearing on each certificate of appropriateness on a completed application in accordance with the public hearing procedures set forth in article 13 of these Land Development Regulations. The agency shall approve, approve with conditions, or disapprove each application, based on the criteria contained in this section.

The decision of the historic architectural review board shall be made at the hearing or no later than 45 days after said hearing. The time period for reaching a decision may be extended by mutual written agreement between the applicant and the historic architectural review board. Such agreement may be made at any time within the 45-day period indicated and may be subsequently extended. The historic preservation board shall make written findings and conclusions that specifically relate the criteria for granting certificates of appropriateness.

Failure of the historic architectural review board to act within the time limits established shall be deemed an approval of the application, and, upon request of the applicant, the building official shall issue any permit dependent upon the issuance of a certificate of appropriateness.

11.11.7. Criteria. In approving or denying applications for certificates of appropriateness for alterations, new construction, demolition, or relocation, the agency or land development regulation administrator, as applicable, shall use the following general guidelines:

(1)

The effect of the proposed work on the landmark or the property upon which such work is to be done;

(2)

The relationship between such work and other structures on the landmark site or other property in the historic district;

(3)

The extent to which the historic, architectural, or archeological significance, architectural style, design, arrangement, texture, materials, and color of the landmark or the property will be affected;

(4)

Whether the denial of a certificate of appropriateness would deprive the property owner of reasonable beneficial use of his or her property; and

(5)

Whether the plans may be reasonably carried out by the applicant.

No certificate of appropriateness for demolitions shall be issued by the agency until the applicant has demonstrated that no other feasible alternative to demolition can be found. The agency may ask interested individuals and organizations for assistance in seeking an alternative to demolition. On all demolition applications, the agency shall study the question of economic hardship for the applicant and shall determine whether the landmark can be put to reasonable beneficial use without the approval of the demolition application. In the case of an income-producing building, the agency shall also determine whether the applicant can obtain a reasonable return from his or her existing building. The agency may ask applicants for additional information to be used in making these determinations including, but not limited to, evidence that the plans for a new building on the site will be implemented. If the applicant fails to establish the lack of a reasonable beneficial use or the lack of a reasonable return, the agency shall deny the demolition application.

The agency may grant a certificate of appropriateness for demolition even though the designated landmark or designated landmark site has reasonable beneficial use if:

(1)

The agency determines that the property no longer contributes to a historic district or no longer has significance as a historic, architectural or archeological landmark; and

(2)

The agency determines that the demolition of the designated property is required by a community redevelopment plan or the city's Comprehensive Plan.

(Ord. No. 10-07, § 2, 4-9-2007; Ord. No. 2015-09, § 3, 8-24-2015; Ord. No. 2019-14, § 1, 6-10-2019)

The agency may, at a time of its choosing, initiate or continue an approved process of identification of historic properties within the city limits. The inventory materials shall be compatible with the Florida site file.

The agency shall maintain a detailed inventory of the districts, sites, and structures within the city limits. These inventory materials shall be updated periodically and a duplicate copy of inventory materials shall be provided to the state historic preservation office. Inventory material shall reside with the land development administrator and shall be open to the public.

Members of the agency are encouraged to participate in the survey and planning activities within the city.

(Ord. No. 10-07, § 2, 4-9-2007)