A.

The City Council declares as a matter of public policy that the preservation, protection, perpetuation and use of local landmarks is a public necessity because they have a special historic, architectural, archaeological, aesthetic or cultural interest and value and thus serve as visible and tangible reminders of the history and heritage of this City, the state and nation. The Council finds that this section benefits the City's residents and property owners and declares as a matter of public policy that this section is required in the interest of the health, prosperity, safety, welfare and economic well-being of the people.

B.

The purpose of this section is to:

1.

Effect and accomplish the preservation, protection, perpetuation and use of local landmarks having a special historic, architectural, archaeological, aesthetic or cultural interest and value to this City, the state and nation;

2.

Promote the educational, cultural, economic and general welfare of the people and to safeguard the City's history and heritage as embodied and reflected in such local landmarks;

3.

Stabilize and improve property values in historic districts and in the City as a whole;

4.

Foster civic pride in the value of notable accomplishments of the past;

5.

Strengthen the economy of the City;

6.

Protect and enhance the City's attractions to residents, tourists and visitors and serve as a support and stimulus to business and industry;

7.

Enhance the visual and aesthetic character, diversity and interest of the City;

8.

Provide for incentives to renovate or rehabilitate historic structures by implementing State law (currently F.S. §§ 196.1997 and 196.1998) relating to exemption of certain ad valorem taxes for historic properties.

Definitions shall be as provided in the rules of interpretation and definitions section and Chapter 1.

It is hereby established that the Community Planning and Preservation Commission shall serve as the Commission responsible for matters pertaining to historic and archaeological preservation as provided in this overlay section. It is the City Council's intent that this Commission shall meet the requirements of the state and federal Certified Local Government program. When a new member is appointed by the Mayor and confirmed by City Council, the professional education and qualifications of the new member should be considered to ensure that the requirements of the Certified Local Government program are met. When necessary, persons serving on the Commission shall attend educational meetings to develop a special interest, experience or knowledge in history, architecture, or related disciplines.

A.

In addition to the powers and duties stated elsewhere, the Commission shall take action necessary and appropriate to accomplish the purposes of this section. These actions may include, but are not limited to:

1.

Continuing the survey and inventory of historic buildings and areas and archaeological sites and the plan for their preservation;

2.

Recommending the designation of local landmarks;

3.

Regulating alterations, demolitions, relocations, and new construction to local landmarks;

4.

Recommending specific design review criteria for local landmarks;

5.

Working with and advising the federal, state and county governments and other departments or commissions of the City;

6.

Advising and assisting property owners and other persons and groups including neighborhood organizations who are interested in historic preservation;

7.

Initiating plans for the preservation and rehabilitation of individual historic buildings; and

8.

Undertaking educational programs including the preparation of publications and placing of historic markers.

B.

The Commission shall review all nominations of a local property to the National Register of Historic Places (NRHP) following the regulations of the Florida Division of Historical Resources. The Commission shall also ask the Mayor and the chairman of the Board of County Commissioners for their written opinion as to whether or not each property should be nominated to the NRHP. The Commission shall conduct a public hearing to consider the nomination and publish and mail notice as provided in the supplemental notice section of the application and procedures section. When necessary, the Commission shall seek expert advice before evaluating the nomination. The Commission shall forward to the state historic preservation officer its action on the nomination and the recommendations of the local officials.

C.

In the development of the certified local government program, the City Council may ask the Commission to perform other responsibilities that may be delegated to the City under the National Historic Preservation Act.

D.

The Commission shall conduct at least four public hearings a year to consider historic preservation issues. The Commission shall prepare and keep on file available for public inspection a written annual report of its historic preservation activities, cases, decisions, qualifications of members and other historic preservation work.

E.

The Commission shall receive assistance in the performance of its historic preservation responsibilities from the POD who shall provide expertise in historic preservation or a closely related field. Other City staff members may be asked to assist the Commission by providing technical advice or helping in the administration of this section.

A.

Generally. Upon recommendation of the Commission, the City Council shall consider local landmark designation by ordinance of individual buildings, structures, objects, archaeological sites, local historic districts and multiple property landmarks. An application for the creation of TDR, H credits and/or for a historic ad valorem tax exemption may be processed simultaneously with an application for designation.

B.

Application requirements. Consideration of the designation of a local landmark shall be initiated by the filing of an application for designation by the property owner, any resident of the City, or any organization in the City, including the City. Where multiple property owners are co-located within a multi-family development or building (e.g., condominiums, townhouses, etc.), the owners' representative association (e.g., a condominium or homeowners association) may be recognized as the property owner for the purpose of submitting an application for individual designation of the multi-family development or building. The City shall charge a fee for each application. Such fee shall be waived for City-initiated applications or where properties are individually listed in the NRHP or are the subject of an active application for individual listing in the NRHP. This fee exemption does not include contributing resources to a district listing in the NRHP. The POD shall determine when an application is complete and may request additional information when such application is determined to be incomplete.

1.

Generally. The applicant shall complete an application form provided by the POD which shall include:

a.

A written description of the architectural, historical, or archaeological significance of the proposed local landmark specifically addressing and documenting those related points contained in the criteria of this section;

b.

The date of construction of each of the structures on the property;

c.

Photographs of the property; and

d.

The legal description and a map of the property to be designated as a local landmark or upon which the local landmark is located;

e.

Where multiple property owners are co-located within a multi-family development or building, documentation shall be included showing compliance with association regulations, including material change authorizations, where applicable.

2.

Additional requirements for historic districts. On applications for the designation of historic districts, the following shall be required:

a.

Public information meeting. At least 15, but no more than 90 days before issuance of ballots, a public information meeting to which all owners of parcels to be included in the proposed district are invited must be held. City staff shall schedule and preside at said meeting to answer questions about the designation process. A certificate of mailing shall be obtained by the POD showing that notice of such public information hearing was mailed to each parcel owner in the proposed district at least fourteen days before the scheduled public information meeting.

b.

Evidence of the support of the historic district from the owners of 50 percent plus one tax parcel (50% + 1) (e.g. if there are 201 tax parcels, 50% = 100 ½ tax parcels, plus one would equal 101 ½ which would mean 102 tax parcels must vote in favor), of the tax parcels within the proposed district except for City initiated applications. Such evidence shall be obtained in the following manner:

(1)

The City shall mail to all property owners of each tax parcel within the proposed historic district, as listed in the Public Records of Pinellas County, and at the applicant's sole expense, a City issued ballot requesting the owner to return by mail a signed ballot showing support or opposition/nonsupport for the application;

(2)

The POD shall obtain a certificate of mailing on the date of the mailing, and only City issued ballots that have a postmark within 60 days of the date of mailing, or have been physically received by the POD within 60 days of the date of mailing and have been date stamped by the City, shall be counted. The balloting period shall remain open for the full 60 days after the date of mailing, regardless of the number of ballots received in support of the application;

(3)

The response for each tax parcel shall be counted as one vote, if more than one owner of a tax parcel responds and one or more owners show opposition/nonsupport then the property shall not be found to support the application; each tax parcel (which may be more than one lot) shall be a "property";

(4)

City owned tax parcels shall not have a vote and shall not be counted toward the total number of tax parcels;

(5)

Once a signed ballot is received by the City, the signor's position may not be changed for the purposes of meeting the requirements of the application minimum (such persons may express any change of opinion or vote in any other legal manner). A ballot received with a signature and for which no choice is indicated is not a position for purposes of this subsection and shall remain open until the close of the ballot period. The City reserves the right to contact the signor and inform them of the blank status of the received ballot. An owner may correct a blank ballot to indicate a position at any time before the conclusion of the 60 day balloting window. Ballots that remain blank at the end of the balloting period shall be counted as a non-response.

(6)

Applications must be filed within six months of a determination by the City that the requirements of this subparagraph have been complied with in their entirety;

(7)

The POD shall not accept an application which does not meet this requirement.

c.

A written narrative describing the justification for the formation of the historic district based on the criteria for designation;

d.

A written description of the boundaries of the district which shall include a map; and

e.

A list of contributing and noncontributing resources within the proposed district.

C.

Additional requirements.

1.

An application for individual designation shall require a simple majority vote of the Commission and City Council. When a property owner is opposed to the individual designation, a supermajority vote of the Commission and City Council is required. An application for district designation shall require a simple majority vote of the Commission and City Council, regardless of whether there is opposition from one or more property owners located within the proposed district boundary.

2.

An individual designation application made by a non-owner shall not be made or accepted for a property with an unexpired site plan approval.

3.

If an application for individual designation is denied by the City Council, a new application to designate the same property (unless it is part of a local historic district designation application) shall not be initiated for five years from the date of the failed public hearing. The City Council or property owner may initiate an application for individual designation at any time, regardless of previous denials.

4.

If an application for district designation is denied by City Council, a new application to designate the same or substantially similar district shall not be initiated for five years from the date the application was certified complete for the previously failed effort. The City Council may initiate an application for district designation at any time, regardless of previous denials.

5.

If an application for district designation is denied by the City Council, a new application for individual designation of buildings located within the boundary of the failed district may be initiated by the owner, a non-owner or the City Council at any time, unless otherwise prohibited by this subsection.

6.

Non-owner initiated individual designation applications shall require the following:

(a)

At least 30 days prior to submission of an application the applicant shall complete the following notice of intent to file actions:

1.

Invite all property owner(s) as shown in the Public Records of Pinellas County, by certified and regular mail to a meeting to determine if the owners are willing to become co-applicants.

2.

Meet with the City Council member of the district in which the property is located to determine if the councilmember will make a motion to request that the City initiate a designation application.

3.

Provide a complete copy of a designation application for the individual property to each property owner as shown in the Public Records of Pinellas County by certified and regular mail.

4.

Proof of compliance with this subsection shall be provided to the POD, and the POD shall not process the application for public hearing until all required materials are received.

(b)

The applicant of a non-owner initiated designation application for an individual property shall mail notice of each public hearing at least 30 days prior to each public hearing, to each property owner as shown in the Public Records of Pinellas County by regular mail. The applicant shall provide proof of mailing to the POD at least 14 days prior to the public hearing. The owner of the individual property may waive this requirement by submitting said waiver to the POD in writing.

D.

Criteria for designation of property. The City of St. Petersburg uses locally adopted criteria modeled after recognized national historic standards for determining the significance of historic properties. At least one or more criteria each, under a two-part test for designation as a local landmark must be met, as evaluated herein. As part of the first test for local landmark designation, a property proposed for designation must meet the general 50 years of age requirement. Also under the first test, at least one or more of nine criteria must be met. The second test involves the property's integrity, of which at least one or more of seven factors of integrity (i.e., location, design, setting, materials, workmanship, feeling, and association) must be met; however, feeling and association, without meeting at least one other factor, are insufficient to support designation.

1.

The Commission shall recommend the designation of property as a local landmark after the public hearing if the principal structure is at least 50 years old and it meets one or more of the following criteria:

a.

Its value is a significant reminder of the cultural or archaeological heritage of the City, state or nation;

b.

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

c.

It is identified with a person who significantly contributed to the development of the City, state, or nation;

d.

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;

e.

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

f.

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

g.

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;

h.

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

i.

It has contributed, or is likely to contribute, information important to the prehistory or history of the City, state, or nation.

2.

If a property meets the criteria for designation set forth in paragraph 1. above, then the Commission shall also consider the following seven factors of integrity as they apply to the property. The property shall meet at least one of the following factors of integrity; however, feeling and association, without meeting at least one other factor, are insufficient to support designation:

a.

Location. The place where the historic property was constructed or the place where the historic event occurred.

b.

Design. The combination of elements that create the form, plan, space, structure, and style of a property.

c.

Setting. The physical environment of a historic property.

d.

Materials. The physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property.

e.

Workmanship. The physical evidence of the crafts of a particular culture or people during any given period in history or prehistory.

f.

Feeling. The property's expression of the aesthetic or historic sense of a particular period of time.

g.

Association. The direct link between an important historic event or person and a historic property.

3.

Special properties. Cemeteries, birthplaces, or graves of historical figures, structures that have been moved from their original locations, reconstructions of historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for designation unless it is an integral part of a historic district that meets the criteria above or if it falls within the following categories:

a.

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

b.

A birthplace or grave of a historical figure of significance if there is not an appropriate building or site directly associated with the historical figure's life;

c.

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

d.

An accurate reconstruction of an historic building or structure which was destroyed by catastrophic causes, located in an environment which is compatible with its historic location, presented in an academic manner, and no other building or structure with the same historic significance has survived;

e.

A property primarily commemorative in intent if its design, age, tradition, or symbolic value has created its own exceptional significance; or

f.

A property achieving significance within the past 50 years if it is of exceptional importance and meets one or more of the general criteria.

4.

Additional criteria for designation of hexagon block sidewalk preservation areas.

a.

Evidence of approval of the property owners of greater than 50 percent of the linear front footage of property abutting the sidewalks (right-of-way) within the area designated in the application at the time the application is submitted to the POD. For the purposes of this subsection and unless otherwise directed by City Council, the City shall be presumed to approve of the application for designation of hexagon block sidewalk preservation areas for all City owned property, excluding rights-of-way, within an area designated in the application. This presumption shall not affect the power of City Council to deny an application. City Council may initiate the designation of a hexagon block sidewalk preservation area without the approval of any owners.

b.

The hexagon block sidewalk preservation area contributes an aesthetic or cultural interest and value which enhances the character of the City.

c.

A proposed hexagon block sidewalk preservation area shall contain a minimum of four abutting city blocks or a minimum of 1,500 linear feet of sidewalk. Preservation areas should contain at least 66 percent of the total linear feet in hexagon block sidewalk after measuring all sidewalks along the streets within the proposed district.

E.

Updating and modifying historic districts.

1.

The status of properties as either contributing or non-contributing resources within a historic district may be changed by following the same process as required for the initial designation.

2.

The boundaries of a historic district may be expanded to include (an) adjoining property(ies) at the request of the property owner if the property(ies) meet(s) the designation criteria.

3.

The boundaries of a historic district may be contracted to exclude (a) property(ies) if the property(ies) no longer meet(s) the criteria for designation and if the contraction does not create an 'enclave' within the historic district or make any portion of the historic district noncontiguous with the remainder of the historic district.

4.

Approval of the expanded or contracted boundaries shall follow the same process as required for the initial designation, as described in this section. The Commission and City Council shall only consider the properties to be added or removed and shall not re-evaluate the designation of the entire historic district or other properties which are not included in the request.

F.

Public hearings for designations. The Commission shall schedule a public hearing on the proposed designation within 60 days of the submission of a completed application. Notice of the public hearing and notice to the owner(s) shall clearly state the boundaries for the proposed local landmark and notice shall include mailed notice to the owner, and written and posted notice as provided in the applications and procedures section except that no posted notice for an application for a historic district shall be required.

G.

Commission recommendation. After evaluating the testimony, evidence, and other material presented to the Commission, the Commission shall:

1.

Recommend approval, denial or approval with modifications of the application within 60 days.

2.

Within this 60-day period, the Commission may vote to defer its recommendation if adequate information is not available to make a recommendation but shall reconsider the application at the earliest opportunity after adequate information is made available.

3.

A written report to the City Council on the Commission's recommendation shall be sent for Council's review and action. If the Commission recommends a designation, it shall explain how the proposed local landmark qualifies for designation under the criteria contained in this section. This evaluation may include references to other buildings and areas in the City and shall identify the significant features of the proposed local landmark. The report shall include a discussion of the relationship between the proposed designation and existing and future plans for the development of the City. The POD shall promptly notify the applicant and the property owner of the Commission recommendation.

H.

Permit issuance. When a complete (as determined by the POD) application for designation of a local landmark has been submitted, no permits shall be issued for any exterior alteration, new construction, demolition, or relocation on the property which is the subject of the recommendation until one of the following has occurred:

1.

City Council designates the property and a certificate of appropriateness is issued;

2.

The application is withdrawn; or

3.

The designation is denied by City Council.

4.

This prohibition shall not apply to a noncontributing resource within the boundaries of an application for local landmark designation for a local historic district nor shall it apply to permits for ordinary repair and maintenance of contributing resources, as determined by the POD.

I.

City Council review and designation. The City Council shall schedule a public hearing on the proposed designation within 60 days of the Commission recommendation. Notice of the public hearing and notice to the owner(s) shall clearly state the boundaries for the proposed local landmark and notice shall include mailed notice to the owner, and written and posted notice as provided in the applications and procedures section except that no posted notice for an application for a historic district shall be required. After evaluating the testimony, evidence, and other material presented to the Council, and considering the criteria for designation, the Council shall adhere to the following:

1.

Approve, deny or approve with modifications of the Commission recommendation.

2.

Within this 60-day period, the Council may vote to defer its decision if adequate information is not available to make a decision, but shall reconsider the application at the earliest opportunity after adequate information is made available.

3.

In addition to the criteria for designation, Council may also consider the relationship of the proposed designation to the existing and future plans for the development of the City.

4.

If the Commission recommends individual designation, then a simple majority vote of the City Council is required to approve the application. When the property owner is opposed to the individual designation, a supermajority vote of both the Commission and City Council is required.

5.

If the Commission recommends against individual designation, then a supermajority vote of the City Council is required to reverse the Commission recommendation and approve the application.

6.

If the Commission recommends district designation, then a simple majority vote of the City Council is required to approve the application, regardless of whether a property owner located within the district boundary is opposed to the district designation.

7.

If the Commission recommends against district designation, then a supermajority vote of the City Council is required to reverse the Commission recommendation and approve the application.

8.

Modification of the boundaries of a proposed local landmark is not a reversal of a Commission recommendation so long as a substantial portion of the recommended area is approved.

9.

If a designation is made, the Comprehensive Plan including the land use map shall automatically be amended to show the designation with no further action by City Council necessary.

10.

The POD shall notify the applicant and property owner of the decision relating to the property and shall arrange that notice of the designation of a property as a local landmark or as a part of a historic district is provided to the property appraiser and tax collector so that they may include this information in their public records and with the City Clerk.

J.

Amendments and rescissions. The designation of any local landmark may be amended or rescinded through the same procedure utilized for the original designation. Where a physical portion of a local landmark remains, the Commission may consider whether the local landmark has lost its significance as a result of the approval of a COA which required the retention of a portion of the original local landmark.

A.

Certificate of appropriateness (COA). No person may undertake any of the following actions affecting a local landmark or property within a local landmark district without first obtaining a COA:

1.

Alteration of a designated archaeological site;

2.

Alteration to the exterior part of a building, structure or object within the designated boundary of a local landmark;

3.

New construction;

4.

Demolition; or

5.

Relocation, including the relocation of a building into a historic district.

Review of new construction and alterations to designated buildings and structures shall be limited to exterior changes, except when part of an application for an ad valorem tax exemption. Whenever any alteration, new construction, demolition, or relocation is undertaken on a local landmark or within a local landmark district without a COA, the Building Official is authorized to issue a stop work order.

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

Certain ordinary repair and maintenance activities that are otherwise permitted by law may be undertaken without a COA. The final determination of what work is considered ordinary repair and maintenance shall be made by the POD. Property owners may request the POD to review any scope of work to determine if a COA is required at no charge.

Owners of properties which are subject to a COA review shall make all artifacts from archaeological sites available to the investigating archaeologists for purposes of analysis and for the reasonable period of time needed for the analysis.

No COA approved by the Commission shall be effective for a period of ten days from the date of approval. If during that ten-day period an appeal is made, the decision shall automatically be stayed during the appeal.

B.

Application procedures for a COA. No permits shall be issued for an alteration, new construction, demolition or relocation affecting a local landmark without first directing the applicant to the POD to determine if a COA is required. The applicant shall complete an application form provided by the POD which shall include the following information:

1.

Drawings, sketches and plans of the proposed work;

2.

Photographs of the existing building or structure and adjacent properties;

3.

A complete written description of the proposed work which clearly describes the building materials to be used;

4.

In the case of archaeological sites, a site plan that illustrates the archaeological site boundary and clearly describes any potential impacts or disturbances to the site.

5.

The POD shall determine when an application is complete and may request additional information when such application is determined to be incomplete.

6.

For relocations, a written statement from the applicant shall be included in the application addressing:

a.

How the proposed relocation will impact the seven factors of integrity which contribute to the local landmark; and

b.

Why the relocation is necessary.

7.

Each application for a COA shall be accompanied by the required fees.

8.

After initial submittal of the application, the applicant may submit revisions and supplemental information to address comments. Any such revisions must be submitted to City staff a minimum of 15 days prior to the scheduled hearing. Any revisions made after such date shall require a postponement to the next scheduled hearing. Minor revisions may be allowed subject to approval by the POD.

C.

Review of a COA.

1.

The Commission shall hold a public hearing and approve, by resolution, a COA approval matrix for local landmarks and archaeological sites. The matrix shall identify which approvals shall be made by the POD and which shall be made by the Commission. Changes to the matrix shall be made in the same manner. Approval of any action which is not specifically identified on the matrix shall be made by the Commission.

2.

The decision to approve, approve with conditions, or deny any application, shall be based on the criteria contained in this section.

3.

The Commission shall hold a public hearing after providing mailed and posted notice as required in the application and procedures section for each COA request requiring Commission approval. The Commission may vote to defer its decision if adequate information is not available to make a decision but shall reconsider the application at the earliest opportunity after adequate information is made available. The Commission shall act within 60 days after the close of the public hearing unless an extension is agreed to by the property owner.

4.

The decision by the POD to approve, approve with conditions, or deny any application shall be provided to the owner, and the applicant, if different than the owner. The POD's decision shall be in writing and shall state the reasons for such approval. The POD's decision may be appealed to the Commission by following the procedures for appeals in the applications and procedures section, however, only the owner may appeal the POD's decision under this paragraph. The POD shall provide mailed notice to the owner as required in the application and procedures section for each COA request requiring POD approval at least ten days before making a decision unless this time frame is waived by the owner.

D.

Modifications to a COA. Modifications to a COA shall be made only by the Commission or POD, based on the approval matrix, after receipt of a completed application by following the procedures for approval of a COA. The POD shall determine when an action affects a local landmark or property within a local landmark district. Modification to any work or materials approved by the COA or any condition of the COA is prohibited without receipt of an approval as set forth herein. Fees for review of a COA shall be established by the City Council.

E.

General criteria for granting a COA. In approving or denying applications for a COA for alterations, new construction, demolition, or relocation, the Commission and the POD shall evaluate the following:

1.

The effect(s) of the proposed activity on the local landmark;

2.

The relationship between such activity and other structures on the property or, if within a historic district, other property in the historic district;

3.

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

4.

Whether the denial of a COA would deprive the property owner of reasonable beneficial use of the property;

5.

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

6.

A COA for a noncontributing structure in a historic district shall be reviewed to determine whether the proposed work would negatively impact a contributing structure or the historic integrity of the district. Approval of a COA shall include any conditions necessary to mitigate or eliminate the negative impacts.

F.

Additional guidelines for alterations. In approving or denying applications for a COA for alterations, the Commission and the POD shall also use the following additional guidelines which are based on the United States Secretary of the Interior's Standards for the Treatment of Historic Properties:

1.

A local landmark should be used for its historic purpose or be adaptively fit into a new use that requires minimal change to the defining characteristics of the building and its site and environment.

2.

The distinguishing historic qualities or character of a building, structure, or site and its environment shall be preserved. The removal or alteration of any historic material or distinctive architectural features shall be avoided when reasonable.

3.

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings without sufficient documentary evidence, shall not be undertaken.

4.

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved, as appropriate.

5.

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

6.

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, texture, and other visual qualities and, where reasonable, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

7.

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

8.

Significant archaeological resources affected by a project shall be protected and preserved if designated pursuant to this section. If such resources must be disturbed, mitigation measures shall be undertaken.

G.

Additional guidelines for new construction. In approving or denying applications for a COA for new construction (which includes additions to an existing structure), the Commission and the POD shall also use the following additional guidelines:

1.

The height and scale of the proposed new construction shall be visually compatible with contributing resources in the district.

2.

The relationship of the width of the new construction to the height of the front elevation shall be visually compatible with contributing resources in the district.

3.

The relationship of the width of the windows to the height of the windows in the new construction shall be visually compatible with contributing resources in the district.

4.

The relationship of solids and voids (which is the pattern or rhythm created by wall recesses, projections, and openings) in the front façade of a building shall be visually compatible with contributing resources in the district.

5.

The relationship of the new construction to open space between it and adjoining buildings shall be visually compatible with contributing resources in the district.

6.

The relationship of the entrance and porch projections, and balconies to sidewalks of the new construction shall be visually compatible with contributing resources in the district.

7.

The relationship of the materials and texture of the façade of the new construction shall be visually compatible with the predominant materials used in contributing resources in the district.

8.

The roof shape of the new construction shall be visually compatible with contributing resources in the district.

9.

Appurtenances of the new construction such as walls, gates and fences, vegetation and landscape features, shall, if necessary, form cohesive walls of enclosures along a street, to ensure visual compatibility of the new construction with contributing resources in the district.

10.

The mass of the new construction in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with contributing resources in the district.

11.

The new construction shall be visually compatible with contributing resources in the district in its orientation, flow, and directional character, whether this is the vertical, horizontal, or static character.

12.

New construction shall not destroy historic materials that characterize the local landmark or contributing property to a local landmark district. The new construction shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the local landmark and its environment, or the local landmark district.

13.

New construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the local landmark and its environment would be unimpaired.

H.

Additional guidelines for demolition. In approving or denying applications for a COA for demolition, the Commission and the POD shall also use the following additional guidelines:

1.

The purpose and intent of these additional requirements is to determine that no other feasible alternative to demolition of the local landmark or contributing property can be found.

2.

No COA for demolition shall be issued by the Commission until the applicant has demonstrated that there is no reasonable beneficial use of the property or the applicant cannot receive a reasonable return on a commercial or income-producing property.

The Commission may solicit expert testimony and should request that the applicant furnish such additional information believed to be necessary and relevant in the determination of whether there is a reasonable beneficial use or a reasonable return. The information to be submitted by a property owner should include, but not be limited to, the following information:

a.

A report from a licensed architect or engineer who shall have demonstrated experience in structural rehabilitation concerning the structural soundness of the building and its suitability for rehabilitation including an estimated cost to rehabilitate the property.

b.

A report from a qualified architect, real estate professional, or developer, with demonstrated experience in rehabilitation, or the owner as to the economic feasibility of rehabilitation or reuse of the property. The report should explore various alternative uses for the property and include, but not be limited to, the following information:

i.

The amount paid for the property, date of purchase, remaining mortgage amount (including other existing liens) 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.

ii.

The most recent assessed value of the property.

iii.

Photographs of the property and description of its condition.

iv.

Annual debt service or mortgage payment.

v.

Real estate property taxes for the current year and the previous two years.

vi.

An appraisal of the property conducted within the last two years. The City may hire an appraiser to evaluate any appraisals. All appraisals shall include the professional credentials of the appraiser.

vii.

Estimated market value of the property in its current condition; estimated market value after completion of the proposed demolition; and estimated market value after rehabilitation of the existing local landmark for continued use.

viii.

Evidence of attempts to sell or rent the property, including the price asked within the last two years and any offers received.

ix.

Cost of rehabilitation for various use alternatives. Provide specific examples of the infeasibility of rehabilitation or alternative uses which could earn a reasonable return for the property.

x.

If the property is income-producing, submit the annual gross income from the property for the previous two years as well as annual cash flow before and after debt service and expenses, itemized operating and maintenance expenses for the previous two years, and depreciation deduction and projected five-year cash flow after rehabilitation.

xi.

If the property is not income-producing, projections of the annual gross income which could be obtained from the property in its current condition.

xii.

Evidence that the building can or cannot be relocated.

c.

The Commission may request that the applicant provide additional information to be used in making the determinations of reasonable beneficial use and reasonable return.

d.

If the applicant does not provide the requested information, the applicant shall submit a statement to the Commission detailing the reasons why the requested information was not provided.

3.

The Commission may ask interested individuals and organizations for assistance in seeking an alternative to demolition.

4.

The Commission shall review the evidence provided and shall determine whether the property can be put to a reasonable beneficial use or the applicant can receive a reasonable return without the approval of the demolition application. The applicant has the burden of proving that there is no reasonable beneficial use of the property or that the owner cannot receive a reasonable return. If the applicant fails to establish the lack of a reasonable beneficial use or the lack of a reasonable return, the Commission shall deny the demolition application except as provided below.

5.

The Commission may condition any demolition approval upon the receipt of plans and building permits for any new structure and submission of evidence of financing in order to ensure that the site does not remain vacant after demolition.

6.

The Commission may grant a COA for demolition even though the local landmark, or property within a local historic district has reasonable beneficial use or receives a reasonable return if:

a.

The Commission determines that the property no longer contributes to a local historic district or no longer has significance as a historic, architectural or archaeological local landmark; or

b.

The Commission determines that the demolition of the designated property is necessary to achieve the purposes of a community redevelopment plan or the Comprehensive Plan.

7.

The Commission may, at the owner's expense, require the recording of the property for archival purposes prior to demolition. The recording may include, but shall not be limited to, video recording, photographic documentation with negatives and measured architectural drawings.

I.

Additional guidelines for relocation. In approving or denying applications for a COA for the relocation of a local landmark or to relocate a building or structure to a property in historic district, the Commission and the POD shall also use the following additional guidelines:

1.

The contribution the local landmark makes to its present setting;

2.

Whether there are definite plans for the property the local landmark is being moved from;

3.

Whether the local landmark can be moved without significant damage to its physical integrity; and

4.

The compatibility of the local landmark to its proposed site and adjacent properties.

5.

If the structure is a noncontributing resource, the compatibility and impact of the noncontributing resource on abutting contributing resources and the historic district.

6.

The property owner may be required to obtain an approved site plan before permits may be issued to relocate a local landmark.

J.

Additional guidelines for window replacement. The City's historic preservation office, State of Florida Division of Historic Resources, and U.S. Department of Interior Technical Preservation Services can provide additional information relating to window repair and replacement for individual landmark buildings and properties within local historic districts. While preservation and repair of historic windows is often preferable, property owners may replace windows provided that each replacement window meets the following criteria:

1.

Impact resistance. The replacement window and glass shall be impact resistant;

2.

Energy performance. The replacement window shall be Energy Star qualified for southern climate zones;

3.

Depth in wall. The replacement window shall be setback into the wall the same distance as the historic window;

4.

Frame size, shape and exterior trim. The replacement window shall be the same size and shape as the historic window and opening. Historic openings shall not be altered in size. Existing, exterior trim shall be retained, where practicable;

5.

Configuration. The replacement window shall have the same light configuration as the historic window. If the historic window configuration cannot be determined, the replacement window configuration shall be appropriate to the architectural style of the subject building;

6.

Proportions. The replacement window shall have the same visual qualities of the historic window, where commercially reasonable:

a.

Muntins and mullions. Where provided, muntins and mullions shall have the same dimensions and profile of the historic muntins and mullions.

b.

Stiles. For hung windows, stiles shall align vertically and be the same width at the upper and lower sashes.

c.

Top, meeting and bottom rails, and blind stop. The top, meeting and bottom rails of a hung window, including the corresponding blind stop, shall have the same dimensions and profile of the historic window.

7.

Finish. The finished surface and appearance shall match the historic window, where practicable.

K.

Additional guidelines for construction in hexagon block sidewalk preservation areas. In approving or denying applications for a COA for construction in hexagon block sidewalk preservation areas, the Commission and the POD shall also use the following additional guidelines:

1.

The responsibility for proper repair of hexagon block sidewalks within a preservation area shall be governed by City policies and ordinances.

2.

All construction shall be done in accordance with City sidewalk specifications and shall be inspected by the POD.

3.

All construction must obtain all required permits.

4.

The replacement and/or repair of existing hexagon block sidewalks shall be made with hexagon block.

5.

The replacement and/or repair of existing concrete sidewalks shall be made with hexagon block.

6.

All new sidewalk construction shall be made with hexagon block.

7.

The abutting property owner shall be responsible for the expenses associated with the construction and repair of hexagon block sidewalks as set forth in city policies concerning sidewalk assessments.

L.

Additional guidelines for archaeological sites. In approving or denying applications for a COA for activity on archaeological sites, the Commission and the POD shall also use the following additional guidelines which are based on the United States Secretary of the Interior's Standards for the Treatment of Historic Properties:

1.

Any ground disturbing activity requires approval of a COA. Archaeological resources should be left undisturbed. The existing form, integrity, and materials of the archaeological site should be retained. Ground disturbing activity should be located to avoid known archaeological sites. Where avoidance of ground disturbing activity on or near the archaeological site is not possible, projects shall be designed to avoid or minimize ground disturbance.

2.

Stabilization of an archaeological site to arrest and inhibit deterioration is recommended and should be done in such a way as to detract as little as possible from its appearance and significance and not adversely affect its research potential unless adequate data recovery has occurred. Stabilization by vegetation, installation of rip rap or landscape netting, burial, or other alteration will be undertaken only after sufficient research or experimentation to determine the probable effectiveness of the action and only after existing conditions are fully documented. A complete record of stabilization work shall be provided to the City.

3.

Ground disturbing activities should be employed only when necessary to provide sufficient information for research, interpretation, and management needs. Excavated areas should be backfilled or otherwise stabilized.

4.

The use of heavy machinery or equipment is discouraged and such equipment shall be used in a manner to reduce the impact to known archaeological resources on an archaeological site. The applicant shall provide justification for their use when necessary and their use will be subject to conditions of approval to minimize the impact on known archaeological resources on an archaeological site.

5.

For a major disturbance which occurs when preservation of significant archaeological resources in place is not reasonable, a professional archaeologist shall be used to survey the site to determine the potential impact and exact location of significant archaeological resources prior to any ground disturbing activities. If avoidance of an impact is not possible, a professional archaeologist shall document the site, shall monitor construction activities, and shall be given an opportunity to excavate and preserve any archaeological resources. Such work shall be performed by a professional archaeologist who meets the professional qualification standards set forth in the Secretary of the Interior's Standards for Archaeology and Historic Preservation (36 CFR pt. 61).

6.

For a minor disturbance which occurs when preservation of significant archaeological resources in place is reasonable but ground disturbing activities will occur on the site, a professional archaeologist or individuals certified by the Florida Department of State, Bureau of Archaeological Research, Archaeological Resource Management Training shall monitor construction activities.

7.

Recovered archaeological resources shall be recorded, cataloged, and curated or reinterred on site when possible. A complete record as to their original location, location to be stored or reinterred, and the stabilization of the site shall be provided to the City.

8.

Significant archaeological resources affected by ground disturbing activity shall be protected and preserved.

M.

Emergency conditions; designated properties. In any case where the Building Official determines that there are emergency conditions dangerous to life, health or property affecting a local landmark or a property in a historic district, the Building Official may order the remedying of these conditions (including demolition) without the approval of the Commission or issuance of a required COA. The POD shall promptly notify the Commission of the action being taken.

Decisions of the POD may be appealed to the Commission. Decisions of the Commission may be appealed to City Council.

All work performed pursuant to a COA shall conform to all provisions of such COA. The POD may inspect any work being performed to ensure such compliance. In the event work is not in compliance with such COA the Building Official may issue a stop work order. No additional work shall be undertaken as long as such stop work order is in effect.

A.

Every owner of a local landmark shall protect the local landmark against any fault, defect, or condition of the local landmark which renders it structurally unsafe or not watertight and shall keep it in good repair including:

1.

All of the exterior portions of such buildings or structures including but not limited to all roofing materials and roof components, window glass, window frames and sashes, exterior doors and door frames;

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 a designated archaeological site, the owner shall maintain the property in such a manner so as not to adversely affect the archaeological integrity of the site.

B.

Compliance. The property owner and any other person having possession or control of a local landmark shall comply with the City's minimum building standards and repair the local landmark if it is found to have any of the defects listed above. In addition, the property owner and any other person having possession or control of the local landmark shall keep all property, including vacant property, clear of all fallen trees or limbs, debris, abandoned vehicles, and all other refuse as specified under the City's minimum building codes and ordinances. The provisions of this section shall be supplemental to any other laws requiring buildings and structures to be kept in good repair.

C.

Enforcement.

1.

The POD and the Commission may work with the property owner to encourage maintenance and stabilization of the structure and identify resources available before taking enforcement action under this section.

2.

The POD or the Commission may file a complaint with the POD performing code enforcement requesting that the POD issue a citation to require repairs to any local landmark so that the local landmark shall be preserved and protected in accordance with this section.

A.

The City Council may call a special meeting to review a threat to property that has not yet been designated by the City.

B.

The POD may issue a temporary stop work order for a maximum of 15 days or until City Council conducts the special meeting or discusses the property at a regular City Council session within that period. The City Council may request that a stop work order be issued for up to 120 days to provide time to negotiate with the property owner to remove the threat to the property.

C.

During the stop work order period the City Council may initiate steps to designate the property. Within the stop work order period the Commission shall meet and seek alternatives that may remove the threat to the property, determine if the property should be designated and make a recommendation to City Council.

D.

If a stop work order is requested by an individual or group and the City Council issues a stop work order, the requesting individual or group shall submit a completed designation application form and fee within 30 days from the date the City Council stop work order is issued. If the City Council or Commission does not receive adequate information and documentation concerning the property or if a completed application and fees are not filed within this period, the City Council may lift the stop work order or allow it to expire without taking further action.

In order to protect and preserve the City's historic resources, the City shall discourage the demolition of historic resources which are listed or eligible for listing on the NRHP or the St. Petersburg Register of Historic Places.

1.

The property records and planning and permitting database should identify all properties listed individually or as a contributing resource on the St. Petersburg Register of Historic Places or the NRHP. The property records and planning and permitting database should also identify all properties which are potentially eligible for designation as a local landmark.

2.

Upon receipt of a complete application (or substantially complete as determined by the POD) for a site plan that includes demolition, the POD shall delay the processing of the site plan and the issuance of a permit for the demolition of a property which is potentially eligible for designation as an individual local landmark and which is identified as such in the property records and planning and permitting database, for 30 days.

3.

The City will notify by e-mail or letter mailed first class mail to the members of the Commission and any resident or community group who annually files their name with the POD requesting notice of any applications for a site plan that includes demolition for a property which is potentially eligible for designation as an individual local landmark and which is identified as such in the property records and planning and permitting database.

4.

The requirement for delay and notice set forth in subsections 1. through 3. of this section shall not apply when:

a.

The Building Official or Fire Chief determines that it is necessary to demolish all or part of a building to protect the safety of the public;

b.

The Building Official determines that the building is structurally unsafe;

c.

The property has been the subject of an application for historic designation which has been denied and which is not on appeal; and

d.

The property has been the subject of an application for a site plan which has been approved and which is not on appeal, and the site plan approval has not expired or been withdrawn.

(Code 1992, § 16.30.070.2; Ord. No. 893-G, § 39, 9-4-2008; Ord. No. 959-G, § 2, 12-3-2009; Ord. No. 985-G, § 44, 7-15-2010; Ord. No. 100-H, §§ 1, 13, 12-19-2013; Ord. No. 157-H, § 1, 9-17-2015; Ord. No. 303-H, § 1, 9-21-2017; Ord. No. 397-H, §§ 2—5, 11-7-2019)

In order to protect and preserve the City's historical resources, the City discourages the destruction of any archaeological resources. The POD may authorize archaeological investigations including, but not limited to, survey of archaeological site boundaries, survey of specified properties in order to locate any previously unrecorded sites, site assessment in order to determine landmark status, and mitigation of archaeological resources in cases where preservation of a resource is determined by the Commission to be infeasible. These investigations may be in conjunction with existing or proposed designations or COA applications. Public records requests made of the City regarding the location of archaeological sites may be subject to F.S. § 267.135, as it may be amended from time to time.

(Code 1992, § 16.30.070.3; Ord. No. 157-H, § 1, 9-17-2015)

The purpose for requiring a Certificate to Dig on property which has not been designated as an archaeological site is to assist in identifying archaeological resources before they are disturbed, and if necessary, to allow sufficient time to conduct any investigations to determine the location, to evaluate the significance of, and to protect significant archaeological sites and resources in areas identified as potentially having such sites.

1.

Any project that obtains a site plan or building permit which will include ground disturbing activity in a "Sensitivity Level 1" zone is required to obtain a Certificate to Dig if it is on property which has not been designated or is not required to obtain a COA.

2.

An application for a Certificate to Dig shall be on the form required by the POD which shall include an aerial, a site plan, a description and the location on the site of all proposed ground disturbing activity, and the fee established by City Council. An application for a commercial property or a three or more unit residential property shall not be considered complete unless it includes a report from a professional archaeologist identifying the boundaries of the site, the significance of the site, an analysis of the impact of the proposed activity on the archaeological resources on the site (if any), and recommendations concerning avoidance of adverse impacts or mitigation. Such work shall be performed by a professional archaeologist who meets the professional qualification standards set forth in the Secretary of the Interior's Standards for Archaeology and Historic Preservation (36 CFR pt. 61).Upon receipt of a complete application (or substantially complete as determined by the POD), the POD may delay issuance of the certificate for up to 30 days to allow a local landmark designation application to be filed.

3.

If a local landmark designation application has not been filed within 30 days, or has been filed and denied, the Certificate to Dig shall be issued which may contain conditions providing for the curation of any recovered artifacts and, where the archaeological site, or any portion thereof, is not being developed, the avoidance or reduction of ground disturbing activities. The curation of any recovered artifacts should be performed by a professional archaeologist who meets the professional qualification standards set forth in the Secretary of the Interior's Standards for Archaeology and Historic Preservation (36 CFR pt. 61).

4.

Decisions to deny, approve, or approve with conditions Certificate to Dig shall be made by the POD. Decisions of the POD require at least ten days public notice to the applicant prior to the decision but shall not require notice to any other person. Appeals of POD decisions shall be made to the Commission, may be made only by the applicant, and shall follow the procedure for appeals set forth in the application and procedures section.

5.

The POD shall inspect any work being performed to ensure compliance with the Certificate to Dig. In the event work is not in compliance with such certificate, the Building Official may issue a stop work order. No additional work shall be undertaken as long as such stop work order is in effect. The POD may refer violations of this section to the POD for code enforcement for citation.

(Ord. No. 893-G, § 39(16.30.070.3.1), 9-4-2008; Ord. No. 157-H, § 1, 9-17-2015; Ord. No. 303-H, § 1, 9-21-2017)

If human skeletal remains are found, the property owner, person in possession, or applicant for any permit or certificate shall notify the POD and comply with all relevant state laws (currently see F.S. § 872.05).

(Ord. No. 157-H, § 1, 9-17-2015)

Any person who conducts, removes or attempts to remove, or defaces, destroys, or otherwise alters any archaeological site or archaeological resource located upon, any land owned or controlled by the City or within the boundaries of a local landmark or sensitivity zone, except in the course of activities allowed under an approved COA or an approved Certificate to Dig is subject to a $500.00 per day fine for each violation and, in addition, shall forfeit to the City all archaeological resources collected, together with all photographs and records relating to such material. No individual shall be allowed to use a probe, metal detector, or any other device to search or excavate for archaeological resources on public property without the written permission of the City.

(Ord. No. 157-H, § 1, 9-17-2015)

A.

Generally. State statutes (currently F.S. §§ 196.1997 and 196.1998) authorize the City to adopt an ordinance allowing certain ad valorem tax exemptions under the state Constitution for historic properties which meet certain requirements.

B.

Definitions. For the purposes of this section, the following words shall have the following meanings:

Assessed value means the total value of a tax parcel (including the structures, land and any other rights appurtenant thereto) as determined by the county property appraiser and shown on the property tax bill sent to the owner of record by the county.

Covenant means the Historic Preservation Property Tax Exemption Covenant required to be recorded to obtain an exemption pursuant to this chapter.

Exemption means the ad valorem tax exemption for historic properties authorized pursuant to this chapter.

Qualifying improvement means:

1.

Any change in the condition of a qualifying property which is sympathetic to the architectural and/or historical integrity of the structure as determined by a review for a COA which may include additions and accessory structures (e.g., a garage, cabana, guest cottage, storage/utility structure) so long as the new construction is compatible with the historic character of the building and site in terms of size, scale, massing, design, and materials and preserves the historic relationship between a building or buildings, landscape features and open spaces; and

2.

Which occurs as a result of the expenditure of money on labor or materials for the restoration, renovation or rehabilitation of such property; and

3.

Which expenditures the property owner can document to the satisfaction of the City; and

4.

Which improvements were made on or after the original adoption of this section, July 21, 1994; and

5.

That the total expenditure on the qualifying improvement was paid within the two years prior to the date of submission of the request for review of completed work; and

6.

That the total expenditure equals or exceeds ten percent of the assessed value of the property in the year in which the qualifying improvement was initiated (expenditures for interior and exterior work, including construction of additions but excluding all recreational facilities, shall be included in the meaning of improvement for purposes of this section); and

7.

That the qualifying improvement complies with the COA criteria and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1990) U.S. Department of Interior, National Park Service and F.A.C. ch. 1A-38.

Qualifying property means real property which is:

1.

Property designated as a local landmark or part of a multiple property landmark;

2.

A contributing resource to a local historic district;

3.

A property listed in the NRHP;

4.

A contributing resource in a historic district listed in the NRHP; or

5.

A property proposed for listing as an individual or contributing resource on either historic register. "Proposed" in this instance means that a local landmark application or NRHP nomination report has been submitted to the City for review or an agreement has been signed by the City or other parties to prepare the local landmark application or NRHP nomination. A property must be officially designated as a local landmark or contributing resource by the City or by the federal government's keeper of the NRHP before the City Council will approve the ad valorem tax exemption request.

C.

Ad valorem tax exemption for historic properties. A qualifying property that has completed a qualifying improvement may be granted an exemption from that portion of the ad valorem taxation levied by the City on 100 percent of the assessed value of the qualifying improvement.

This exemption shall not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of electors pursuant to section 9(b) or section 12, article VII of the state Constitution.

D.

Ad valorem tax exemption period. Any exemption granted shall remain in effect for up to ten years, with the effective date being January 1 of the year following substantial completion of the qualifying improvement. The exemption shall continue in force if the authority of the City to grant exemptions changes (unless the City is preempted by state law) or if ownership of the property changes (including any change from a tax exempt entity to a tax paying entity except as set forth in the following subsection).

E.

Ad valorem tax exemptions for historic properties open to the public. If a qualifying improvement is for a qualifying property that is used for non-profit or governmental purposes and is regularly and frequently open for the public's visitation, use and benefit, the City may exempt 100 percent of the assessed value of the property as improved from ad valorem taxes levied by the City provided that the assessed value of the qualifying improvement must be equal to at least 50 percent of the total assessed value of the property as improved. This subsection applies only if the qualifying improvements are made by or for the use of the existing property owner. A qualifying property is considered used for non-profit or governmental purposes if the occupant or user of at least 65 percent of the useable space of the building is an agency of the federal, state or local government or a non-profit corporation whose articles of incorporation have been filed by the Department of State in accordance with F.S. § 617.0125. Useable space means that portion of the space within a building which is available for assignment or rental to an occupant. A property is considered regularly and frequently opened to the public if public access to the property is provided not less than 52 days a year on an equitably spaced basis, and at other times by appointment. This exemption does not prohibit the owner from charging a reasonable nondiscriminatory admission fee. If a property that qualifies for this exemption is no longer used for non-profit or governmental purposes or is no longer regularly and frequently open to the public or if ownership is transferred then this exemption shall be revoked.

F.

Application process.

1.

Preconstruction application. Consideration of the exemption shall be initiated by the filing of a preconstruction application by the property owner on the form provided by the City prior to the initiation of any work on a qualifying improvement. Qualifying improvements or any portion thereof initiated prior to approval of the preconstruction application shall not be eligible for the exemption.

a.

The property owner shall also provide all information required for a COA review, the proposed cost of the qualifying improvement based on a licensed contractor's price estimates or other city approved cost estimate method, and a copy of the most recent tax assessment and bill for the property.

b.

The POD shall review and approve or deny the preconstruction application and shall follow the review and appeal procedures for a COA. After such review, the POD shall notify the property owner in writing of the following:

(1)

Whether the proposed work is a qualifying improvement;

(2)

Whether the work, as proposed, is consistent with the criteria for the certificate of appropriateness and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1990) U.S. Department of Interior, National Park Service and F.A.C. ch. 1A-38; and

(3)

Making recommendations for correction of work which is not consistent with the foregoing.

c.

Any changes made to the qualifying improvement after approval of the preconstruction application must receive prior approval by the POD or the Commission to ensure compliance with the criteria set forth herein. Failure to obtain prior approval may result in denial of the exemption.

d.

The property owner must complete the qualifying improvement within two years following the date of approval of a preconstruction application. A preconstruction application approval shall automatically be revoked if the property owner has not submitted a request for review of completed work within two years following the date of approval of a preconstruction application. However, the POD may grant extensions under this provision for up to six months per request if such requests are made in writing prior to the expiration of the initial period. The POD may choose to send any extension requested under this provision to the Commission at their sole discretion. Any extensions that must be approved by the Commission or appeals of a denial by the POD of an extension shall require a public hearing and notification as set forth for appeal of a COA decision.

2.

Request for review of completed work. A request for review of completed work (post construction application) may be submitted to the POD at any time for work completed, although the ad valorem tax exemption period shall not commence until January 1 of the year following substantial completion of the qualifying improvement and the exemption has been granted pursuant to this subsection. The request for review of the completed work shall include documentation acceptable to the City showing the total cost of, and an itemized list of expenses for, the qualifying improvement. Appropriate documentation may include paid contractor's bills, canceled checks, an approved building permit application listing cost of work to be performed and any other information required by the POD. The POD may inspect the qualifying improvement to determine compliance with this section. Following the Property Appraiser's established time frames, the POD shall recommend that City Council grant or deny the exemption and shall notify the property owner in writing of the recommendation and the date which the City Council shall consider the exemption.

a.

If the completed qualifying improvement complies with the requirements set forth in the preconstruction application approval, as amended, this section, the COA, the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and any additional conditions required by the City, then the POD shall recommend that City Council grant the exemption.

b.

If the completed qualifying improvement does not comply with the requirements of this section, then the POD shall provide a written summary of the reasons for that determination, including recommendations to the property owner concerning changes to the proposed work necessary to comply and shall recommend that City Council deny the exemption.

c.

If the property owner is notified that the improvement does not comply with the requirements of this section, the property owner shall have 15 days from the date of the POD's notification to respond in writing describing the specific actions to be taken by the property owner to comply. If the POD receives a written response within 15 days, the property owner shall have 30 days from receipt of the written response to comply with the requirements of this section. The POD may grant an extension to this provision for up to an additional 60 days if such request is made prior to the expiration of the initial period. At the end of this period the POD shall review the qualifying improvement and make a recommendation to City Council to grant or deny the exemption based on the requirements of this section.

3.

Historic preservation property tax exemption covenant. A covenant in the form approved by the City Attorney must be executed by the property owner for the term of the exemption before an exemption is approved by the City Council. The covenant shall provide that the property owner shall maintain and repair the property so as to preserve and maintain the historic architectural qualities or historical or archaeological integrity of the qualifying property for which an exemption was granted. If the exemption is granted, the property owner shall have the covenant recorded with the deed for the property in the official records of the county prior to the effective date of the exemption which shall be binding on the property owner, transferees, and their heirs, successors or assigns.

The applicant shall provide a certified copy of the recorded covenant to the POD on or before the Property Appraiser's established recordation deadline or said approval by the City Council shall be void.

If the property changes ownership during the exemption period, the requirements of the covenant must be transferred to the new owner. The property owner may sign a waiver which discontinues the exemption on the property. The exemption will be discontinued beginning with the tax year in which the waiver was received with no penalty to the property owner. The exemption may not be reinstated after the waiver has been delivered to the POD.

4.

City Council review and approval of the request for review for completion of work. The City Council shall approve, modify, defer or deny the exemption by resolution within 60 days of the POD's recommendation. If approved the resolution shall include but not be limited to the following: the period of time the exemption shall be in effect and the expiration date of that period, approval of the covenant, any conditions of approval, the name of the owner and address of the property for which the exemption is granted and a finding that the property meets the requirements of F.S. § 196.1997. Said approval shall be conditioned upon receipt by the POD of a certified copy of the recorded covenant.

5.

Reapplication. A property owner previously granted an exemption may undertake additional qualifying improvements during this period or apply for additional exemptions for qualifying improvements following its expiration. A property owner may not reapply for an exemption for a qualifying improvement which has been denied by City Council.

6.

Notice to property appraiser. Within 15 days following receipt of a certified copy of the recorded covenant, the POD shall transmit a copy of the approved request for review of completed work to the county property appraiser. The property appraiser shall implement the exemption as provided by State law.

7.

Revocation proceedings. The City Council may revoke an exemption at any time in the event that the property owner, or any subsequent owner or successor in interest to the property, violates the covenant, fails to maintain the qualifying property according to the terms, conditions and standards of the covenant, the historic character of the property and improvements which qualified the property for the exemption are not maintained or if the qualifying property has been damaged by accidental or natural causes to the extent that the historic integrity of the features, materials, appearances, workmanship and environment, or archeological integrity which made it eligible for listing or designation have been lost or damaged so that restoration is not possible. The POD shall provide written notice of such proceedings to the owner of record of the qualifying property at least ten days before the public hearing. The City Council shall hold a public hearing and determine whether or not the exemption shall be revoked. The POD shall provide written notice of the decision to the owner of record and the county property appraiser.

8.

Civil penalties. If an exemption is revoked for violation of the covenant required hereby, the property owner shall pay an amount equal to the total amount of taxes that would have been due in March in each of the previous years in which the covenant was in effect had the property not received the exemption, less the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in F.S. § 212.12(3). This payment shall be made to the City within 30 days of the effective date of the revocation. If the City initiates an action in any court to enforce this provision, the property owner shall be liable for all administrative expenses, attorneys' fees and all other costs associated with such action.

(Code 1992, § 16.30.070.4; Ord. No. 157-H, § 1, 9-17-2015; Ord. No. 435-H, § 1, 7-23-2020)

In addition to any other penalties, any person who violates any provision of this section shall forfeit and pay to the City civil penalties equal to the fair market value of any property demolished or destroyed in violation of this section or the cost to repair or rehabilitate any property that is altered in violation of this section. In lieu of a monetary penalty, any person altering property in violation of the provisions of this section may be required to repair or restore any such property.

(Code 1992, § 16.30.070.5; Ord. No. 157-H, § 1, 9-17-2015)