The purpose of this article is to promote the cultural, educational, economic and general welfare of the public through the preservation and protection of the historic or architecturally worthy buildings, structures, sites and artifacts which impart a distinct aspect to the City of Parkland and which serve as visible reminders of the history and cultural heritage of the city. The city commission shall sit as the historic preservation board.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The following criteria are hereby adopted as general guidelines by the City of Parkland to determine if a building, structure or site is deemed historically significant: districts, sites, buildings, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association:

A.

That are associated with events that have made a significant contribution to the broad patterns of the city's history;

B.

That are associated with the lives of persons significant in history;

C.

That embody the distinctive characteristics of a type, period or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose component may lack individual distinction;

D.

That have yielded, or may be likely to yield, information important in history.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Authority to recommend designations. For the purpose of effecting and furthering the protection, preservation and enhancement of historic landmarks, historic street names, and historic corridors, the board shall have the following powers:

1.

The designation of a structure or site as an historic landmark;

2.

The nomination to the state historic preservation office, for inclusion in the National Register of Historic Places, a structure that has previously been designated by the city commission an historic landmark; or

3.

The co-designation of a street based upon documented historic precedent.

B.

Jurisdiction. The board shall be concerned with those elements of change, rehabilitation and/or preservation that affect the quality of the city. No individuals or organizations shall designate or cause to designate structures or sites within the city without pertinent data being submitted to and approved by the historic preservation board and the city commission. The board shall not consider detailed design, interior arrangements or building features not subject to public view, nor shall they make any requirements except for the purpose of preventing development or demolition obviously incongruous to the surroundings. The board shall, on behalf of the city, be responsible for the receipt and custody of donations of property and artifacts.

C.

Meetings. The historic preservation board shall meet at such time as it deems appropriate to carry out the responsibilities set forth herein. A quorum shall consist of three (3) members of the board and at least three (3) members must vote in favor of an action to be official. The board shall adopt rules for the transaction of its business and consideration of applications not inconsistent herewith. All the meetings of the board shall be open to the public, and a public record shall be kept of the board's resolutions, proceedings and actions.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Inventory. The board will be responsible for a comprehensive and continuing survey of buildings, structures and sites of historic significance in the city. The inventory created by the survey shall include as much information and documentation on the sites as possible.

B.

Nomination for inclusion in inventory. Such nominations shall be reviewed by the board and if they meet the general criteria listed in this article.

C.

Nomination initiated by property owner/owners. Any property owner/owners who feel their property has historic significance may submit the property and available documentation to the board for consideration.

D.

Nomination initiated by the board. A letter shall be sent to the owner or owners of the property by the board stating that the site has been selected for consideration as a historic landmark, with a full explanation of the reasons for its nomination, with effect of the proposed classification and the process by which such classification is accomplished. The owner or owners will be invited to appear informally before the historic preservation board to discuss the matter. Notification of this meeting shall be sent to all involved property owners by certified mail at least fourteen (14) days prior to the meeting.

E.

Designation of historic landmarks. The historic preservation board shall determine the properties or sites to be designated as historic landmarks. If the board makes such a determination and the owner or owners of such property or site agree, the board shall designate the property or site as a historic landmark. Owners who do not agree shall file a notarized statement with the city manager certifying that the party is the sole or partial owner of the private property being considered by the board and objects to the designation as a historic landmark.

F.

Action following board approval. After the board has approved the designation, and with the consent of the property owner or owners, a covenant to run with the land will be duly recorded by the city in the Broward County, Florida Public Records. The board shall issue a certificate of recognition to the property owner or owners describing the historic landmark and describing its significance.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

No structure that is designated by the board as a historic landmark structure may be demolished, moved or altered in its exterior appearance by addition, reconstruction, alteration or maintenance, or by removal of or destruction of trees located on the site until an application for a certificate of appropriateness has been submitted to the historic preservation board and has been approved by that board, nor shall any property that is designated by the city commission as a historic landmark site be physically altered until an application for a certificate of appropriateness has been submitted to the historic preservation board and has been approved by that board. Any property designated as a historic landmark prior to the effective date of the ordinance from which this chapter is derived shall henceforth be deemed to have been designated a historic landmark structure.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The following are the application procedures for a certificate of appropriateness to alter or demolish a historic landmark or building.

A.

Preapplication review. Prior to the preparation of working drawings and specifications or calling for proposals or bids from contractors, owners or agents may prepare preliminary scale drawings and outline specifications for review and informal discussion with the historic preservation board. The purpose of this review shall be to acquaint the contractor, owner or agent with standards of appropriateness of design that are required in the proposed change in a historic landmark or building.

B.

Filing applications. Any person desiring a certificate of appropriateness to be issued by the historic preservation board, as required hereby, shall file an application with the clerk's office in writing on a form furnished by that department. When combined with the building permit application, the submitted paperwork shall describe the property address on which the proposed work is to be done; shall show the use or occupancy of the building; shall be accompanied by plans and specifications as required; shall state the value of the proposed work; shall give such other information as reasonably may be required by the building department and/or the zoning department; and shall be signed by the applicant or any authorized agent, who may be required to submit evidence to indicate such authority.

C.

Action on applications. The city clerk, or the clerk's designee, shall transmit the application for a certificate of appropriateness together with the supporting information and material to the historic preservation board for action. In determining whether or not an application for a certificate of appropriateness should be granted, granted with conditions, or denied, the board shall consider the following criteria:

1.

The extent to which the applicant's proposal is in conformance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings;

2.

The extent that the applicant's proposal maintains the historic qualities of the historic landmark structure or the historic landmark site; and

3.

Safety of the occupants.

If the board approves the application, a certificate of appropriateness shall be issued. If the certificate of appropriateness is issued, the application shall be processed in the same manner as applications for building or demolition permits. There shall be a delay of ten (10) working days between the board granting of a certificate of appropriateness and the commencement of any work on the site in order to provide time for an appeal in accordance with this ordinance. If the board disapproves the application, a certificate of appropriateness shall not be issued.

D.

Demolition of buildings on landmark inventory.

1.

For any building that is approved to be demolished, before a demolition permit is issued there will be a delay of one hundred eighty (180) days to permit the notice action described in this subsection.

2.

A notice shall be posted by the city on the premises of the building or structure proposed for demolition in a location clearly visible from the street. This notice must remain posted during the notification period and it shall be unlawful to remove same, other than by the city. In addition, the city shall publish a legal notice in a newspaper of general circulation, ten (10) days following the approval of the certificate of appropriateness authorizing demolition of the historically designated property. The purpose of this procedure is to further the purposes of this chapter by preserving significant buildings which are important to the education, culture, tradition, aesthetics and economic values of the city, and to afford the city, interested parties, historical societies or organizations the opportunity to acquire or to arrange for the preservation of such structures and sites.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Nothing in this article shall be construed to prevent the cleaning, ordinary repairs or maintenance of any exterior elements of any building or structure which does not involve a change of design, appearance or material, and which does not require a building permit, nor shall anything is this chapter be construed to prevent the addition, removal or alteration of landscaping, driveways, walkways, pools, fences or other site improvements, except: i) with regard to any designated historic landmark site; or ii) with regard to any designated historic structure when such site improvements are important in defining the overall historic character of the designated historic landmark structure.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Purpose and intent. A number of archaeologically significant areas have been identified within the city limits. These areas have not been mapped by the city, but have been generally known by city residents and located during field surveys by representatives of the Broward County Historical Commission, State of Florida Division of Historical Resources and other agencies.

B.

Archaeological survey required. If archaeologically significant areas are present on a site, then the exact location and extent of the archaeologically significant site shall be surveyed by a professional archeologist and coordinated with the Broward County Historical Commission and State of Florida Division of Historical Resources.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

In order to preserve these important historical resources, the criteria in this section shall apply to the development of parcels containing archaeologically significant areas:

A.

In-situ or natural state preservation of a site is the preferred method of avoiding damage to an archeological resource.

B.

Preserving the site is more important than preserving the artifacts alone because the relationship of the artifacts to each other in the site provides valuable information that can be lost when artifacts are removed. Further, preserving the site keeps it available for more sophisticated future research techniques.

C.

When a residential parcel contains an archaeologically significant site, any development on that site shall be located and designed in such a way that preserves the archaeologically significant areas as common open space.

D.

When a nonresidential parcel contains an archaeologically significant site, construction shall avoid damage to the site by planning construction to avoid the site. If development planning constraints preclude avoiding the site altogether, then easily removed facilities such as parking lots, tennis courts, or other similar nonpermanent construction may be allowed above the site provided there is "capping" or covering of the archeological site first with a layer of soil to protect the site. Capping may be used where:

1.

The soils to be covered will not suffer serious compaction;

2.

The covering materials are not chemically active;

3.

The site is one in which the natural processes of deterioration have been slowed; and

4.

The site has been recorded.

E.

A buffer may be required between the development and the archeological site. The width of the buffer shall be determined on a case-by-case basis by the professional archeologist after consultation with representatives of the State of Florida Division of Historical Resources.

F.

The archeological site, if preserved in situ, shall be protected from construction activity by the use of barriers.

G.

If deemed appropriate after consultation with representatives of the State of Florida Division of Historical Resources, the site may be mitigated through data recovery.

H.

If, during the construction phase of a development, an archeological find is made on a parcel not previously identified as an archaeologically significant site, the developer shall cease work within twenty (20) feet in all directions of the find and within five (5) working days shall notify by writing the Department and Representatives of the State of Florida. The developer shall engage a professional archeologist to have an archeological and historical survey prepared. Within ten (10) working days, the archeologist shall determine, after consultation with the State of Florida Division of Historical Resources, whether or not the find is significant and, if so, the actual dimensions of the site. A significant archeological find is one which:

1.

Is associated with an event or person of recognized significance in Florida or American history or recognized scientific importance in prehistory;

2.

Can provide information which is both of demonstrable public interest and useful in addressing scientifically consequential and reasonable archeological research questions;

3.

Has a special or particular quality such as oldest, best example, largest, or last surviving example of its kind;

4.

Possesses substantial stratigraphic integrity; or

5.

Involves important research questions that historical research has shown can be answered only with archeological methods.

I.

If the find is not determined to be significant the developer may resume construction without amendment to the development plan.

J.

If the find is determined to be significant, the developer shall have the option of revising the development plan so as to comply with this section or mitigating through data recovery.

K.

If a determination is not made within the ten-working-day time period, then the find shall not be considered significant and the developer may resume construction without amendment to the development plan.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)