For the purpose of this Section, certain terms and words are hereby defined.

Alteration shall mean any act that changes the exterior features of a designated property.

Building shall mean any structure with an impervious roof built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for fifty (50) percent or more of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof."

Building official shall mean the officer or other designated authority, or their duly authorized representative, charged with the administration and enforcement of the Standard Building Code as adopted by the State as may be amended by the County.

Certificate of appropriateness shall mean a written authorization issued by the Historic Preservation Board required for any proposed work that will result in the exterior alteration, demolition, relocation, or reconstruction, of a designated historic resource; and any proposed new construction associated with a designated historic resource. Specifically, exempted from this definition is the requirement to obtain said certificate for the painting of a building or structure.

Certified local government shall mean a designated local government meeting the requirements of the National Historic Preservation Act Amendments of 1980 (PL 96-515), the implementing regulations as established by the United States Department of the Interior (36 CFR 61) and the Florida Certified Local Government Guidelines provided by the Florida Department of State, Division of Historical Resources.

Certificate of designation shall mean a written document indicating the designation of a significant historic resource pursuant to this Article.

City shall mean the City of Wilton Manors, Florida.

City Commission or commission shall mean a reference to the City Commission of the City of Wilton Manors, Florida.

Demolition shall mean any act that destroys in whole or in part a site, building, or structure.

Demolition by neglect shall mean improper or inadequate maintenance of a historic resource which results in its substantial deterioration and threatens its continued preservation.

Documentation shall mean photographs, slides, drawings, plans, or written descriptions.

Due public notice shall mean publication of notice of the day, time, place and purpose of a public hearing at least once in a newspaper of general circulation in the area, with such publication to be at least seven (7) calendar days prior to the date of such public hearing. Additionally, all property owners within three hundred (300) feet of the subject property and all homeowners associations and individuals maintained on a list by the City manager's designee within three hundred (300) feet of the subject property will be notified via first class U.S. Mail; with the post mark to be affixed no less than seven (7) calendar days prior to the date of such public hearing.

Exceptional importance shall mean a historic resource that has achieved significance within the last fifty (50) years because of the extraordinary importance of an event that has occurred there on the local, state, or national level; the fragility of the resource; the community's strong associative attachment to the resource; or the significance of a building's architecture or architect.

Florida Master Site File shall mean the state's clearinghouse for information on archaeological sites and historic structures, and field surveys of such sites and structures. It is a system of paper and computer files maintained by the Division of Historical Resources, Florida Department of State. Resources listed in this inventory do not have to meet a historical or cultural significance requirement.

Historic Preservation Board shall mean an agency of the City government in and for the City. The Historic Preservation Board is vested with the power, authority and jurisdiction to inventory, designate, certify, regulate and manage historic resources in the City as provided for in this Article.

Historic preservation fund shall mean the source from which monies are appropriated to fund the program of matching grants in aid to the states for historic preservation programs and projects, as authorized by Section 101(d)(1) of the National Historic Preservation Act, as amended.

Historic preservation officer shall mean the Director of the Community Development Services Department of the City or designee who is responsible for administering, interpreting and enforcing the provisions of this Article.

Historic resource shall mean any prehistoric or historic site, building, structure, object or other real or personal property of historical, architectural or archaeological value. These properties or resources may include but are not limited to monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works, treasure troves, artifacts or other objects with intrinsic historical or archaeological value, or any part thereof, relating to the history, government or culture of the city, county, the state or the United States of America.

Integrity shall mean the authenticity of a resource's historic identity, evidenced by the survival of physical characteristics that existed during the resource's historic or prehistoric period.

Local register shall mean a means by which to identify and classify various sites, buildings and objects as historic and/or architecturally significant.

Mass shall mean the envelope or cubic footage of the structure, including, but not limited to all habitable space, garages, attics, storage areas and porches.

National Register of Historic Places shall mean the national list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture, maintained by the Secretary of the Interior under authority of Section 101(a)(1)(A) of the National Historic Preservation Act, as amended.

Object shall mean a material thing of functional, aesthetic, cultural, historical or scientific value that may be by nature of design, movable, yet related to a specific outdoor setting or environment.

Ordinary maintenance shall mean any work for which a building permit is not required by law.

Person shall mean an individual, firm, association, organization (whether social, fraternal or business), partnership, joint venture, trust company, corporation, receiver, syndicate, business trust or other group or combination acting as a unit, including any government.

Property owner shall mean any person, group of persons, firm, joint venture, corporation or other legal entity having legal title to the land regulated under this Article.

Rehabilitation shall mean the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural or cultural values.

Restoration shall mean the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or the replacement of missing earlier work.

Scale shall mean the scale of a building is defined as the ratio of the mass of the building to the total buildable area of the property, as defined by maximum setback, step-back and height requirements.

Site shall mean the location of a significant event, a prehistoric or historic occupation or activity, or building or structure, whether standing, ruined or vanished, where the location itself maintains a historical or archaeological value regardless of the value of any existing structures.

State historic preservation officer shall mean the official designated pursuant to F.S. § 267.031(7), to administer the state historic preservation program established for the purpose of carrying out the provisions of the National Historic Preservation Act of 1966, as amended.

Structure shall mean anything constructed or erected on the ground or attached to anything constructed or erected on the ground.

(Ord. No. 2021-012, § 2, 10-12-21)

(a)

If the historic preservation officer finds that any provision of this Article is being violated, the property owner apparently responsible for such violations shall be notified, in writing, indicating the nature of the violation and ordering any action necessary to correct it.

(b)

Violation of this Article is punishable for a fine of up to two-hundred and fifty dollars ($250.00) per day for a first offense and five-hundred dollars ($500.00) for subsequent offenses.

(c)

In addition to any other remedies, whether civil or criminal, the violation of this Article or any lawful order of the City Commission, the City Historic Preservation Board or the historic preservation officer may be restrained by injunction, including a mandatory injunction, and otherwise abated in any matter provided by law.

(Ord. No. 2021-012, § 2, 10-12-21)

(a)

Purpose. The purpose of this Article is to identify, evaluate, recognize, preserve, and protect significant historic and archaeological resources by:

(1)

Creating a Historic Preservation Board with the power and duty to effectively administer this Article.

(2)

Empowering the Historic Preservation Board to certify designation of individual properties (including buildings, structures, sites and objects) as historically significant using the criteria established in this Article.

(3)

Protecting the integrity of historic resources by requiring the issuance of certificates of appropriateness and certificates to excavate before allowing alterations, removal or disturbance of designated resources.

(4)

Encouraging historic preservation by providing technical assistance and incentives.

(5)

Managing the historic resources owned and/or operated by the City in a manner consistent with the City comprehensive plan and policy maintained by the Florida Department of State, Division of Historical Resources.

(b)

Intent. The intent of this Article is to promote the general health, safety and welfare of the public by:

(1)

Stabilizing and improving property values through the rehabilitation of individual properties and the revitalization of older residential neighborhoods and commercial areas.

(2)

Creating and implementing cultural and educational programs that will foster a better understanding of the City's heritage.

(3)

Promoting the City's historic resources for enjoyment of the citizens of the City and as an attraction to tourists and visitors which in turn will have a positive impact on the economy.

(4)

Providing to the scientific community intact resources in which to study past human behavior and lifestyles.

(5)

Obtaining Certified Local Government status pursuant to the National Historic Preservation Act of 1966, as amended, 16 USC 470.

(Ord. No. 2021-012, § 2, 10-12-21)

This Article shall govern and be applicable to all property located in the City.

(Ord. No. 2021-012, § 2, 10-12-21)

(a)

Financial assistance. All properties certified as historic resources under the scope of this Article shall be eligible for any financial assistance set aside specifically for the preservation and protection of such resources as established by the city, county, the state or the federal government, provided they meet the requirements of such programs.

(Ord. No. 2021-012, § 2, 10-12-21)

Any work conducted contrary to the provisions of this Article on designated properties or structures shall be immediately stopped upon notice from the historic preservation officer, a code compliance officer, or building inspector that the work does not conform to the terms of this Article. Notice shall be in writing and shall be given to the property owner, their agent or the person doing the work. If none of these persons are immediately available on the construction site to receive the required notice, it shall be posted on the property. The notice shall state all conditions under which work may be resumed. In emergencies the historic preservation officer, a code compliance officer, or building inspector shall not be required to furnish written notice of the stop work order.

(Ord. No. 2021-012, § 2, 10-12-21)

The City Commission is hereby authorized to adopt a fee resolution to implement the provisions of this Article.

(Ord. No. 2021-012, § 2, 10-12-21)

The office of the City Clerk shall file and record all such historical material and data that the Historic Preservation Board may direct to be filed and recorded.

(Ord. No. 2021-012, § 2, 10-12-21)

(a)

If it is alleged that the Historic Preservation Board has overlooked or misinterpreted some facts or points of law, a rehearing of any decision of the Historic Preservation Board may be granted by that body upon the request of any person or property owner that believes that they have been aggrieved by its decision, herein referred to as the movant. The request shall be in writing, shall be filed with City staff within ten (10) working days after rendition of the decision by the Historic Preservation Board as the case may be, and shall state its grounds.

(b)

The movant shall serve the request by certified mail or hand delivery upon the Historic Preservation Board or Mayor and the City Manager, and the property owner if the movant is other than the property owner previously notified of the hearing, together with a notice stating the date, time and place it will be orally presented to the Historic Preservation Board.

(c)

If the Historic Preservation Board grants the motion, it shall state its reasons for doing so, and set a date, time and place for another public hearing upon due public notice.

(Ord. No. 2021-012, § 2, 10-12-21)

(a)

Creation. There is hereby created the City of Wilton Manors Historic Preservation Board. The Historic Preservation Board is hereby vested with the power, authority and jurisdiction to inventory, designate, certify, regulate, and manage historic resources in the City as provided for in this Article.

(b)

Powers and duties. The Historic Preservation Board shall have the following powers and duties:

(1)

Adopt rules and procedures necessary for the implementation of the provisions of this Section.

(2)

Issue certificates of designation and designate eligible historic resources pursuant to the criteria outlined in this Article.

(3)

Advise the City Commission on all matters related to historic preservation policy, including use, management and maintenance of City-owned historic resources.

(4)

Propose and recommend to the City Commission financial and technical incentive programs to further the objectives of historic preservation.

(5)

Educate owners of designated historic resources and the general public on the benefits of historic preservation and federal, state and local laws and policies regarding the protection of historic resources.

(6)

Request grant assistance through the City Commission from state, federal or private sources for the purpose of furthering the objectives of historic preservation.

(7)

Upon designation as a certified local government, to review and make recommendations concerning National Register of Historic Places nomination proposals for properties to the state national register review board.

(8)

Make the determination to assist the Wilton Manors Historical Society, as needed, in the placement of proper monuments, tablets or markers recognizing archaeological or historical landmarks; or other places in the City where events of historical significance have occurred.

(9)

Issue certificates of appropriateness when appropriate.

(10)

Perform any other function or duty related to historic preservation authorized under this Section or assigned by the City Commission.

(11)

Be represented at pertinent historic preservation educational meetings, workshops and conferences sponsored by the Florida Department of State, Division of Historic Resources, or the Florida Trust for Historic Preservation. The City Commission shall appropriate funds at its discretion to the Historic Preservation Board for expenses necessary in the conduct of its work. The Historic Preservation Board, upon the approval of the City Commission, may accept grants or other monetary assistance in aid in its work.

(12)

Seek expertise on proposals or matters requiring evaluation by a professional or a discipline not represented on the Historic Preservation Board.

(13)

Encourage Historic Preservation Board members to participate in the survey and planning activities of the City.

(14)

The Historic Preservation Board shall conduct an annual goal setting session where they will outline their work-plan for the year. The Historic Preservation Board will make an annual presentation to the City Commission on the accomplishment of their work plan.

(c)

Membership.

(1)

Qualifications. The Historic Preservation Board shall be comprised of a minimum of five (5) members, whose area of geographic responsibility is coterminous with the Boundaries of the City of Wilton Manors. The members of the City's planning and zoning board comprised of seven (7) members, the alternate member of the City's planning and zoning board, and the President of the Wilton Manors Historical Society, or designee are designated as the Historic Preservation Board. The alternate member of the City's planning and zoning board shall have full voting rights as a member of the Historic Preservation Board. In the event that the Wilton Manors Historical Society is no longer active or the Wilton Manors Historical Society's President or designee does not accept appointment to the Historic Preservation Board, the City Commission shall appoint a member to fill the vacancy. The Historic Preservation Board is hereby vested with the power, authority, and jurisdiction to designate, regulate, and administer historical, cultural, archeological, and architectural resources in the City, as prescribed by this Article under the direct jurisdiction and legislative control of the City Commission. To meet the requirements of the certified local government program and to carry out its responsibilities under this Article, the City shall utilize its best efforts to appoint members to the Historic Preservation Board, with a background in architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines. The Historic Preservation Board shall be comprised of residents of the City of Wilton Manors.

(2)

Term. The initial terms of the Historic Preservation Board members comprised of the members and alternate member of the planning and zoning board, shall be coterminous with their terms of appointment to the planning and zoning board. Thereafter, as the respective terms of the planning and zoning board members and the alternate member to the planning and zoning board expire, successive terms will be two (2) years and staggered to run conterminously with the terms of members' appointments to the planning and zoning board. The President of the Wilton Manors Historical Society, or designee, shall be appointed for a term of two (2) years.

(3)

Absence from meetings. Any member of the Historic Preservation Board who is not present at a meeting shall be required to have recorded in the minutes of the next meeting the reason for the absence. Any member whose absences are unexcused for three (3) consecutive meetings does thereby automatically resign the member's position on the Historic Preservation Board and the Planning and Zoning Board if the member also serves on the Planning and Zoning Board. After providing advance notification, the absence of any member shall be deemed excused under the following circumstances:

a.

When a member is performing an authorized alternative activity relating to outside board business that directly conflicts with the meeting;

b.

The death of a member's immediate family member, defined as a spouse, father, mother, brother, sister, stepparent, one who has stood in place of a parent (in loco parentis), child, or stepchild of a member;

c.

The death of a member's domestic partner or domestic partner's father, mother, brother, sister, stepparent, one who has stood in the place of a parent (in loco parentis) of a domestic partner, child, stepchild of a domestic partner;

d.

The member's hospitalization or other type of illness that might be contagious;

e.

When the member is summoned to jury duty;

f.

When the member is issued a subpoena by a court of competent jurisdiction; or

g.

When the member is observing a religious holiday.

(4)

Vacancies. Vacancies shall be filled by the City Commission within sixty (60) calendar days. An extension of up to an additional sixty (60) calendar days shall be granted by the State Historic Preservation Officer upon receipt of a written request from the Director of the Community Development Services Department.

(d)

Organization.

(1)

Officers and employees. The members of the Historic Preservation Board shall elect a chair and vice-chair who shall each serve a one-year term. The chair shall preside at all meetings and shall have the right to vote. The vice-chair shall preside in the absence of the chair. The chair and vice-chair may each be re-elected for additional terms, but may not serve for more than three (3) consecutive years in said office.

(2)

Staff support. The Community Development Services Department shall provide clerical and professional staff assistance to the Historic Preservation Board.

(e)

Procedures.

(1)

The Historic Preservation Board shall meet as often as is necessary to complete the work in a timely fashion, but no less than four (4) meetings each year. Each meeting shall be previously noticed and shall be open to the public.

(2)

All records of the Historic Preservation Board, including its rules of procedure, minutes and inventory, shall be maintained and considered to be public records open to inspection by the public.

(3)

Upon designation as a certified local government, the Historic Preservation Board shall meet the reporting requirements outlined in the Florida Certified Local Government Guidelines.

(4)

A quorum shall consist of a majority of the Historic Preservation Board members, and a majority vote of a quorum then present shall be required for a decision on matters before the Historic Preservation Board. No certificate of designation or certificate of appropriateness shall be approved unless a majority concurs.

(f)

Appeals of decisions of the historic preservation officer

(1)

The Historic Preservation Board has the sole authority to hear and decide appeals from any order, requirement, decision or determination of the historic preservation officer in the enforcement of this Article. Appeals may be taken by any person aggrieved or by any officer, board, department or agency of City government adversely affected by any decision of the historic preservation officer. An appeal shall be taken within ten (10) days after rendition of the order, requirement, decision or determination, by filing with the historic preservation officer a written notice of appeal specifying its grounds.

(2)

The appeal shall be on a form prescribed by the historic preservation officer.

(3)

Upon receipt of the notice of appeal, the historic preservation officer shall transmit to the Historic Preservation Board all documents, plans, papers, minutes, applications, recommendations or other materials relating to the appealed decision.

(4)

The fee to appeal shall be forth by resolution of the City Commission, as may be amended from time to time.

(g)

Appeal of decisions of board.

(1)

The City Commission has the sole authority to hear and decide appeals from any order, requirement, decision or determination of the Historic Preservation Board except for nominations of the National Register of Historic Places, which shall be appealed to the state historic preservation officer. Appeals of nominations for the National Register of Historic Places shall be in accordance with section C.4.h of the Florida Certified Local Government Guidelines. Appeals may be taken by any person aggrieved or by any officer, board, department or agency of City government adversely affected by any decision of the Historic Preservation Board. An appeal shall be taken within ten (10) days after rendition of the order, requirement, decision or determination, by filing with the historic preservation officer a written notice of appeal specifying its grounds.

(2)

The appeal shall be on a form prescribed by the historic preservation officer.

(3)

Upon receipt of the notice of appeal, the historic preservation officer shall transmit to the City Commission all documents, plans, papers, minutes, applications, recommendations or other materials relating to the appealed decision.

(4)

The fee to appeal shall be set forth by resolution of the City Commission, as may be amended from time to time.

(Ord. No. 2021-012, § 2, 10-12-21)

The process for designation of historic resources may be initiated by the filing of a completed application for a certificate of designation by the property owner, historic preservation officer upon prior approval of the City Commission, or upon the request of the City Commission, or the Historic Preservation Board, or a member thereof.

(Ord. No. 2021-012, § 2, 10-12-21)

Prior to the designation of any historic resource, an application for a certificate of designation shall be submitted to the Historic Preservation Board. This application shall contain, as a minimum, the following information:

(a)

For individual historic buildings, structures and objects:

(1)

A physical description of the building, structure or object and its character-defining features, accompanied by photographs.

(2)

A description of the existing condition of the building, structure or object, including any potential threats or other circumstances that may affect the integrity of the building, structure or object.

(3)

A statement of the historical, architectural or other significance of the building, structure or object as defined by the criteria for designation established by this Article.

(4)

A statement of rehabilitative or adaptive use proposals, if applicable.

(5)

A location map showing zoning and other appropriate land use information and a legal description of the property.

(6)

The name of the building, structure or object, and the Florida Master Site File number, if applicable.

(7)

The name and address of the property owner.

(8)

Any other appropriate information requested by the Historic Preservation Board.

(b)

For individual archaeological or historic sites:

(1)

The name of the site, and the Florida Master Site File number, if applicable.

(2)

A location map showing zoning and other appropriate land use information and a legal description of the property.

(3)

Culture or historic periods represented at the site.

(4)

The type of site and a list of any artifacts associated with the site.

(5)

A list of any references to human remains discovered at the site.

(6)

Photographs showing at least one general view of the site and photographs of diagnostic artifacts found at the site (if available).

(7)

A statement of the historical and/or scientific significance of the site as defined by the criteria for designation established by this Article.

(8)

A description of the physical condition of the site, including any potential threats or other threats that may affect the integrity of the site.

(9)

The name and address of the property owner.

(10)

Any other appropriate information requested by the Historic Preservation Board.

(Ord. No. 2021-012, § 2, 10-12-21)

(a)

Notice of proposed certificate of designation. The historic preservation officer shall send by certified mail a notice of proposed certificate of designation to the owner of the property in question at least thirty (30) calendar days prior to the date of the public hearing, or the owner shall otherwise acknowledge notice of the public hearing from the historic preservation officer. The historic preservation officer shall transmit to the owner the recommendations on the designation prior to the public hearing.

(b)

Public hearing. For each proposed designation pursuant to this Article the Historic Preservation Board shall hold a public hearing within sixty (60) days after the filing of an application for a certificate of designation with the historic preservation officer and after due public notice. The historic preservation officer, at the public hearing, shall:

(1)

Make recommendations to the Historic Preservation Board as to whether or not the building, structure or object is eligible for designation pursuant to this Article and provide a listing of those features of the building, structure or object which require specific historic preservation treatments.

(2)

Make recommendations to the Historic Preservation Board as to whether or not the site is eligible for designation pursuant to this Article, which shall include a location map showing site boundaries, justification for such boundaries, relevant land use information and any proposed development.

(c)

Action by Historic Preservation Board. At the public hearing, the Historic Preservation Board shall either approve, deny or approve with conditions a proposed certificate of designation pursuant to this Article based on the criteria outlined in Section 180-140; provided, however, in the event the owner objects in writing to the proposed designation of the historic building, structure, object or historic site, either before or during the public hearing, then the application shall be withdrawn and shall not be considered by the Historic Preservation Board at that time. All objections in writing must contain the notarized signature of the property owner(s). Unless appealed, the decision of the Historic Preservation Board shall be the final administrative action. Copies of the decision shall be mailed to the applicant and property owner within ten (10) days of the Historic Preservation Board's decision.

(d)

Issuance of certificate; recommendation of amendments to comprehensive plan. If a designation is made, the Historic Preservation Board shall issue the certificate of designation and recommend to the City Commission, if needed, amendments to appropriate elements of the comprehensive plan, including the future land use map, to show such designation. All designations shall be filed with the historic preservation officer.

(e)

Suspension of building activities during review process. Upon the filing of an application for certificate of designation, no permits may be issued authorizing building, alteration, demolition, relocation or excavation of the subject property until such time as final board administrative action occurs. No certificate of designation may be issued if the subject property owner objects to the designation. The historic preservation officer shall notify the building official of the suspension of activities upon the filing of an application for designation.

(Ord. No. 2021-012, § 2, 10-12-21)

The historic resources considered for issuance of a certificate of designation by the Historic Preservation Board shall possess at least three (3) of the following characteristics: integrity of location; design; setting; materials; workmanship; be at least fifty (50) years old, or if less than fifty (50) years old has exceptional importance; and shall meet at least one criterion in one of the three (3) significant categories listed in this Section:

(1)

A historic resource shall be considered historically significant if it is:

a.

Associated with the life or activities of a person of importance in local, state or national history;

b.

The site of a historic event with a significant effect upon the City, county, state or nation;

c.

A prime historical example of the political, cultural, economic or social trends, successes or failures of the people of the City;

d.

Associated with a past or continuing institution which has contributed substantially to the life of the people in this City; or

e.

A building or structure, site, object if its location, landscape setting or environment exemplifies a specific historical context.

(2)

A historic resource shall be considered architecturally significant if it is:

a.

A building or structure that embodies distinctive characteristics of an architectural style, type, form, period or method of construction;

b.

A building or structure that is the work of a prominent architect, builder or other design professional;

c.

A building or structure possessing elements of design, detail, material or craftsmanship which are of outstanding quality;

d.

A building or structure which represented, in its time, a significant technological innovation, or an adaptation to the state environment; or

e.

An exceptional or unique example of a utilitarian structure or building.

(3)

A historic resource shall be considered archaeologically significant if it is:

a.

A site associated with an important historical event or person and which contains intact archaeological deposits;

b.

A site of such condition that data recoverable from the site may provide unique or representative information on past human activities and behavior; or

c.

A site that has in the past revealed information vital in developing well-established and widely accepted models and theories about past cultures and/or activities.

(Ord. No. 2021-012, § 2, 10-12-21)

The designation of any historic resource may be rescinded through the same procedure utilized for the original designation provided that the following conditions are met:

(1)

The historic resource or contributing resource no longer retains its significance due to permitted alterations or extensive damage cause by fire or storm; and

(2)

The Historic Preservation Board vote to rescind a designation is adopted by a majority of the members attending.

(Ord. No. 2021-012, § 2, 10-12-21)

A certificate of appropriateness issued by the Historic Preservation Board shall be required for any of the following activities:

(1)

Any alteration requiring a building permit which may change the exterior appearance of an individually designated historic building or structure except as otherwise provided for in Section 180-170.

(2)

Demolition of an individual building or structure that has been previously issued a certificate of designation.

(3)

The relocation of any building or structure or individually designated historic resource.

(4)

Any new construction of principal or accessory buildings, structures, or any addition to any building designated as a historic resource.

(Ord. No. 2021-012, § 2, 10-12-21)

The Historic Preservation Board shall prepare and maintain a list of routine alterations that may receive a certificate of appropriateness from the historic preservation officer without a decision by the Historic Preservation Board, or a determination that a certificate of appropriateness is not needed, when an applicant complies with Article 180. This list shall be in the form of a certificate of appropriateness approval matrix, reviewed and approved by the Historic Preservation Board as necessary. The historic preservation officer may impose reasonable conditions on the approval in order to implement the goals and intent of this Section. The Historic Preservation Board may expand or otherwise revise the list of exterior improvements which may be approved administratively by the historic preservation officer. These routine alterations shall include, but are not limited to, the following:

(1)

Repair of cornices using existing materials and duplicating the original design;

(2)

Installation of decks at ground level which are not visible from any street and which do not require alteration of any structure;

(3)

Installation of new doors which are compatible in size and style with the original;

(4)

The painting of any material or surfaces other than unpainted masonry, stone, brick, terra-cotta, stucco or concrete;

(5)

The replacement of front porch columns with ones duplicating the original in style, color and material;

(6)

The replacement of a roof with one of the same material and color or with a color and material compatible with the original architectural style so that the character of the property is preserved;

(7)

The repair of wooden siding with wood which duplicates the original or with fiber cement board that as closely as possible replicates the original architectural style so that the character of the property is preserved;

(8)

Installation of skylights not visible from any public street;

(9)

Replacement of windows with windows compatible with the original style in size, type and materials or compatible with the existing architectural style and fenestration pattern;

(10)

Repair and maintenance of the visible exterior of a building when such work exactly duplicates the existing design and is executed in the existing materials;

(11)

Installation of hurricane protection to include:

a.

Any installation not visible from any public street; and

b.

Any replacement of windows or doors to improve hurricane protection where they conform to the original door and window openings, and as closely as possible replicate the original fenestration pattern so that the character of the property is preserved and conforms to the city's adopted illustrated guidelines;

(12)

Installation of pools not visible from any public street; and

(13)

Installation of solar panels not visible from any public street.

(Ord. No. 2021-012, § 2, 10-12-21)

A certificate of appropriateness shall be considered prerequisite to the issuance of any other permits required by this Article or the City Commission. The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits or approvals required by the City.

(Ord. No. 2021-012, § 2, 10-12-21)

A certificate of appropriateness shall not be required for painting or other ordinary maintenance to the exterior of a building as defined in Section 180-010. Upon application for a building permit, said application shall be reviewed by the historic preservation officer to determine whether or not the proposed project will change the exterior appearance of the designated building or structure. If there will be a change to the exterior appearance, then the owner shall apply for a certificate of appropriateness. Neither the historic preservation officer nor the Historic Preservation Board shall consider interior arrangement or design when reviewing an application for a certificate of appropriateness unless such change affects the exterior appearance of the building.

(Ord. No. 2021-012, § 2, 10-12-21)

Prior to making an application for a certificate of appropriateness, the applicant shall confer with the historic preservation officer on the nature and purpose of the proposed action. The prospective applicant shall be advised of the plans, photographs, statements or other exhibits necessary for submitting an application.

(Ord. No. 2021-012, § 2, 10-12-21)

Application to the Historic Preservation Board for a certificate of appropriateness shall be on a form supplied by the historic preservation officer and filed with said officer. The application fee shall be set forth by resolution of the City Commission, as may be amended from time to time. Applications shall include:

(1)

Plans for structural changes, where applicable.

(2)

A description of exterior finish materials (samples may be requested of nonstandard materials), where applicable.

(3)

Site plans, including landscape plans and building elevations, where applicable.

(4)

Photographs of the subject property, including areas of proposed work.

(5)

Notarized authorization of the owner if the applicant is other than the owner or attorney for the owner.

(6)

Other documentation of architectural compatibility as offered by the applicant or requested by the historic preservation officer or board.

(7)

The name, address and telephone number of the applicant.

(Ord. No. 2021-012, § 2, 10-12-21)

The Historic Preservation Board shall hold a public hearing within sixty (60) days after the filing of a complete application for a certificate of appropriateness with the historic preservation officer and after due public notice for each certificate of appropriateness. The Historic Preservation Board shall also send, by certified mail, a notice of the proposed certificate of appropriateness to the owner of the property at least thirty (30) calendar days prior to the date of the public hearing, or the owner shall otherwise acknowledge notice of the public hearing to the historic preservation officer. At the public hearing, the historic preservation officer shall recommend approval, denial or approval with conditions of the certificate of appropriateness. The historic preservation officer shall transmit said recommendation to the owner prior to the public hearing.

(Ord. No. 2021-012, § 2, 10-12-21)

At the public hearing provided for in Section 180-210, the Historic Preservation Board shall approve, deny or approve with conditions each application based on the appropriate criteria contained in this Article after the public hearing, except as otherwise provided for in demolition situations outlined in Section 180-260. Copies of the decision shall be mailed to the applicant and property owner within ten (10) days of the decision. Unless appealed, the decision of the Historic Preservation Board shall be the final administrative decision. After the issuance of a certificate of appropriateness, except for ordinary maintenance, no change may be made in the proposed work without resubmittal of an application.

(Ord. No. 2021-012, § 2, 10-12-21)

In consideration of an application for a certificate of appropriateness for proposed exterior construction, the Historic Preservation Board shall utilize the following guidelines based on the United States Secretary of the Interior's Standards for Rehabilitation, codified as 36 CFR 67:

(1)

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

(2)

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of exterior features that characterize a property shall be avoided.

(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, 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.

(5)

Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic 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 possible, 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 such resources must be disturbed, work shall be monitored by an archaeologist, as appropriate, and mitigation measures shall be undertaken.

(9)

New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. The new work 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 property and its environment.

(10)

New additions or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(Ord. No. 2021-012, § 2, 10-12-21)

New construction and additions associated with an individually designated historic resource shall be compatible with the buildings, site, or environment with which the new construction is visually related. Criteria to be considered by the Historic Preservation Board shall include the following:

(1)

The height, volume, mass, scale, proportions and relationship between doors and windows, rhythm of solids and voids created by openings in the facade, materials used in the facade, the texture inherent in the facade, the pattern and trim used in the facade, and the design of the roof shall be compatible with any existing historic buildings within view of the property.

(2)

Rhythm created by existing building masses and spaces between them shall be preserved.

(3)

Landscape plans shall be compatible with the buildings and environment with which it is visually related.

(4)

Architectural details should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent architectural characteristics of the area.

(Ord. No. 2021-012, § 2, 10-12-21)

When an applicant seeks to obtain a certificate of appropriateness for the relocation of an individually designated resource the Historic Preservation Board shall consider the following criteria:

(1)

The contribution the building or structure makes to its present setting.

(2)

Whether there are definite plans for the site to be vacated.

(3)

Whether the building or structure can be moved without significant damage to its physical integrity.

(4)

The compatibility of the building or structure to its proposed site and adjacent properties.

The applicant shall document, through photographs, the property in its original location prior to removal and provide copies to the Historic Preservation Board.

(Ord. No. 2021-012, § 2, 10-12-21)

(a)

No certificate of appropriateness shall be issued for the demolition of a historic resource issued a certificate of designation unless the applicant demonstrates by the preponderance of the evidence that undue economic hardship or unusual and compelling circumstances support such a demolition.

(1)

Unusual and compelling circumstances.

a.

Criteria. In situations where the applicant claims that unusual and compelling circumstances require the demolition of an individually designated historic resource the Historic Preservation Board shall consider the following criteria:

1.

The building or structure is of such interest or quality that it would reasonably meet national standards for additional designation on the National Register of Historic Places or as a National Historic Landmark.

2.

The building or structure is of such design, craftsmanship or material that it could be reproduced only with great difficulty and/or expense.

3.

The building or structure is one of the last remaining examples of its kind in the City or the region.

4.

Retention of the building or structure would promote the general welfare of the City by providing an opportunity for the study of local history, architecture or design.

5.

Definite plans exist for reuse of the property if the proposed demolition is carried out, and if the plans will have a positive effect on the character of the surrounding area.

6.

A reasonable effort was made to relocate the building or structure.

7.

Demolition of the designated building or structure has been recommended or ordered by the appropriate public agency due to unsafe conditions.

b.

Action by board. On applications for certificates of appropriateness for demolition claiming an unusual and compelling circumstance, the Historic Preservation Board may approve, approve with conditions or deny the request or may suspend action to allow further study of the matter for a period not to exceed one hundred eighty (180) days from the date of the filing of the application. The length of the delay shall be determined by the Historic Preservation Board based upon the probable time required to arrange a possible alternative to demolition. During the stay of demolition, the Historic Preservation Board may take such steps as it deems necessary to preserve the building or structure concerned in accordance with the purposes of this Article. Such steps may include but shall not be limited to consultation with civic groups, public agencies and interested citizens; recommendations for acquisition of property by public or private bodies or agencies; and exploration of the possibility of moving the structure or building.

(2)

Undue economic hardship.

a.

Criteria. In situations where, by reason of particular site conditions and restraints or circumstances applicable to the property owner, strict enforcement of this Article will deny the owner economically viable or reasonable use of a property, the applicant shall submit the following information to the historic preservation officer:

1.

For all property:

i.

The amount paid for the property, the date of purchase and the party from whom the property was purchased.

ii.

The assessed value of the land and improvements thereon according to the two (2) most recent county property appraiser's assessments.

iii.

Real estate taxes for the previous two (2) years.

iv.

Annual debt service, if any, for the previous two (2) years.

v.

All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property.

vi.

Any listing of the property for sale or rent, price asked and offers received.

vii.

Any consideration by the owner as to profitable adaptive uses for the property.

2.

For income-producing property:

i.

Annual gross income from the property for the previous two (2) years.

ii.

Itemized operating and maintenance expenses for the previous two (2) years.

iii.

Annual cash flow, if any, for the previous two (2) years.

The Historic Preservation Board reserves the right to solicit expert testimony.

b.

Action by board.

1.

Review. The Historic Preservation Board shall review all evidence and information submitted by the applicant and make a determination as to whether the denial of a certificate of appropriateness for demolition will deprive the owner of reasonable use of, or economically viable return on, the property in question.

2.

Denial. If the Historic Preservation Board decides that denial of the proposed action does not or will not deprive the owner reasonable use of or an economically viable return on the property, then the certificate of appropriateness for demolition will be denied.

3.

Approval. In the event the Historic Preservation Board finds without approval of the proposed work all reasonable use of, or economic return from, a historic building or structure which has been issued a certificate of designation will be denied a property owner, then the application shall be delayed for a period not to exceed one hundred eighty (180) days from the date of filing of the application. During this period the Historic Preservation Board shall investigate alternatives to preserve the property. Such alternatives may include, but are not limited to a reduction in real property taxes, financial assistance, changes in zoning, public purchase, and/or code exemptions. If by the end of the period for the stay of demolition the Historic Preservation Board has found that, without approval of the demolition, the property cannot be put to a reasonable use or the owner cannot obtain a reasonable economic return therefrom, then the Historic Preservation Board shall issue a certificate of appropriateness for demolition.

(3)

Documentation of buildings. The Historic Preservation Board shall, as a condition to approval of such demolition, have the power to require the documentation of buildings slated for such demolition by photographs and measured drawings.

(4)

The fee to apply for a certificate of appropriateness, when a certificate of designation has been issued, shall be set forth by resolution of the City Commission, as may be amended from time to time.

(Ord. No. 2021-012, § 2, 10-12-21)

The owner of any historic resource, whether vacant or inhabited, shall be required to properly maintain and preserve such historic resource in accordance with standards set forth herein. For purposes of this Section, demolition by neglect is defined as any failure to comply with the minimum required maintenance standards of this Section or Chapter 5, Article VI, Housing Code, of the City's Code of Ordinances shall be used to prevent demolition by neglect, whether deliberate or inadvertent.

(1)

Required minimum maintenance standards. It is the intent of this Section to preserve from deliberate or inadvertent neglect, the historic resource, whether vacant or inhabited. All such resources shall be maintained according to minimum maintenance standards, preserved against decay, deterioration and demolition and shall be free from structural defects through prompt and corrective action to any physical defect which jeopardizes the building's historic, architectural and structural integrity;

(2)

Notice, administrative enforcement and remedial action. If, in the opinion of the Historic Preservation Board, historic preservation officer, or the code compliance officer, any historic resource falls into a state of disrepair so as to potentially jeopardize its structural stability and/or architectural integrity, and/or the safety of the public and surrounding structures, or fails to satisfy any of the required minimum maintenance standards above, then the aforementioned officials shall have right of entry onto the subject property and may inspect the subject property after forty-eight (48) hours' notice to the owner of intent to inspect.

a.

In the event the property owner refuses entry of any City official onto the subject property, the City may file an appropriate action compelling the property owner to allow such officials access to the subject property for an inspection.

b.

Upon completion of the inspection of the subject property, a report delineating the findings of such inspection, as well as any remedial action required to address any violation of the required minimum maintenance standards, shall be immediately transmitted to the property owner and to the Historic Preservation Board.

(3)

Code compliance action—Additional requirements. In any proceeding of the unsafe structures board or the special magistrate involving a historic resource the unsafe structures board or the special magistrate shall be instructed as follows:

a.

That the subject of the code compliance action is a historic resource and that these additional requirements apply to their deliberations.

b.

Every reasonable effort shall be made to stop and reverse any deterioration of the historic resource.

c.

Demolition of a historic resource shall be ordered only in situations involving an immediate public safety risk and shall be required to meet the following conditions:

1.

A structural engineer, with a demonstrated knowledge and expertise in remediation of historic resources, determines that the structure cannot be reasonably repaired; and

2.

The historic preservation officer determines that there are no viable alternatives to demolition.

d.

The Historic Preservation Board shall be notified, according to notification procedures herein, in advance of any Special Magistrate hearings regarding a historic resource.

e.

The unsafe structures board or the Special Magistrate may order remedial action by the City to prevent demolition by neglect, including, but not limited to roof repairs, moisture intrusion remediation or structural shoring. The costs incurred by the City for the remedial action shall be determined by the Special Magistrate or Historic Preservation Board.

f.

The City shall have a lien on the subject property for all costs incurred until paid, when notice of such lien shall have been filed in the public records of Broward County. Such liens, when delinquent for more than thirty (30) days, may be foreclosed by the City in the manner provided by the laws of the state for foreclosures of mortgages on real property. Should the City foreclose a lien under this Section, the owner will pay all costs and reasonable attorney's fees, including those incurred while on appeal. In addition, the owner of the property against which the lien is assessed will be liable for any administrative costs the City incurs in proceeding to foreclose the lien. In addition to the lien and foreclosure remedies, the City Attorney is hereby authorized to file a suit in the appropriate court seeking to collect unpaid costs incurred for remedial action that are past due and the party to be charged will pay all costs and reasonable attorneys' fees, including those incurred whole on appeal. In addition, the party to be charged shall be liable for any administrative costs the City incurs in collection of the amount owed.

(4)

Emergency conditions; designated properties. In any case where it is determined that there are emergency conditions dangerous to life, health or property affecting a historic resource an order to remedy these conditions without the approval of the Historic Preservation Board or issuance of a required certificate of appropriateness may be issued, provided that the historic preservation officer and the chair of the Historic Preservation Board has been consulted. The building official shall provide the Historic Preservation Board with adequate photographic evidence and a professional engineer's opinion as to the conditions warranting the demolition.

(5)

Reconstruction. A historic resource that is substantially destroyed by fire, storm or other hazard may be reconstructed accordance with the Secretary of the Interior's Standards. Notwithstanding the general requirements of the zoning district in which the historic resource is located, the reconstruction may be approved with the same setbacks, step backs and height from the finished floor as the resource it is replacing.

(Ord. No. 2021-012, § 2, 10-12-21)

A certificate to excavate issued by the Historic Preservation Board shall be required for proposed earth-disturbing activities that will have an adverse impact on any historic resource designated as archaeologically significant as provided for in Section 180-140(2). No earth-disturbing activity may occur within the boundaries of a designated archaeological site until a certificate to excavate is issued by the Historic Preservation Board.

(Ord. No. 2021-012, § 2, 10-12-21)

(a)

The owner of a designated historic resource with archaeological significance shall confer with the historic preservation officer prior to any earth-disturbing activity within the established boundaries of a designated archaeological site. A determination shall be made by the historic preservation officer as to whether or not an application for a certificate to excavate is warranted. Said determination shall be based on whether or not there is a substantial adverse impact on the designated resource and the potential for future impacts as a result of the proposed action. The historic preservation officer may request the following information to assist in making the determination:

(1)

Site plans, including landscape plans, where applicable.

(2)

A description of any earth-disturbing activity associated with the project, including depth of excavation and area of coverage.

(3)

Any other information required by the historic preservation officer deemed necessary for making an accurate determination.

(4)

An archaeological test survey, conducted by a professional archaeologist who meets the professional qualification standards as defined by 36 CFR 61 and the Florida Department of State, Division of Historical Resources, to further evaluate the extent and significance of archaeological deposits.

(b)

If the historic preservation officer makes a determination that the proposed activity will have a substantial adverse impact on a designated archaeological site, an application for a certificate to excavate must be filed with the historic preservation officer. If a determination of no substantial adverse impact is made, the project may proceed without action from the Historic Preservation Board.

(Ord. No. 2021-012, § 2, 10-12-21)

Application to the Historic Preservation Board for a certificate to excavate shall be made on a form supplied by the historic preservation officer and the Community Development Services Department. Said application shall be filed with said officer upon the determination made by the historic preservation officer as outlined in Section 180-290. Applications shall be accompanied by full plans and specifications indicating areas of work that involve earth-disturbing activity. Also, a notarized authorization allowing such activity by the owner shall be provided, if the applicant is other than the owner or attorney for the owner. The fee to apply for a certificate of excavation shall be set forth by resolution of the City Commission, as may be amended from time to time.

(Ord. No. 2021-012, § 2, 10-12-21)

The Historic Preservation Board shall hold a public hearing within sixty (60) days after the filing of the application for a certificate to excavate with the historic preservation officer and after due public notice for each application for a certificate to excavate. The Historic Preservation Board shall also send by certified mail a notice of the proposed certificate to excavate to the owner at least thirty (30) calendar days prior to the date of public hearing, or the owner shall otherwise acknowledge notice to the historic preservation officer. At the public hearing, the historic preservation officer shall recommend approval, denial or approval with conditions of the certificate to excavate. The historic preservation officer shall transmit to the owner their recommendations on the application prior to the public hearing.

(Ord. No. 2021-012, § 2, 10-12-21)

After the public hearing, the Historic Preservation Board shall approve, deny or approve with conditions each application for an excavation certificate. Copies of the decision shall be mailed to the applicant and the property owner within ten (10) days of the decision. Unless appealed, the decision of the Historic Preservation Board shall be the final administrative decision. After the issuance of a certificate to excavate, no change may be made in the proposed work without resubmittal of an application.

(Ord. No. 2021-012, § 2, 10-12-21)

The Historic Preservation Board shall not approve any application for a certificate to excavate that does not provide for the mitigation of adverse impacts on a designated historic resource with archaeological significance. Upon receipt of a complete application, the Historic Preservation Board shall review the proposed project to determine the type of archaeological work that is necessary to mitigate the adverse impact of the proposed earth-disturbing activity on the affected archaeological resource. After receiving a complete application, a decision shall be made by the Historic Preservation Board as to the type of mitigation method appropriate for the project. The Historic Preservation Board shall select one (1) or more of the following alternatives:

(1)

Site monitoring. This method includes the visual inspection of a property by the historic preservation officer and/or a professional archaeologist for evidence of artifacts or structural remains unearthed during the development process or earth-disturbing activity. If significant archaeological deposits are unearthed during project-related activity, work may be halted by the Historic Preservation Board, with the recommendation for such action from the historic preservation officer or a professional archaeologist, for a period not to exceed one hundred eighty (180) days from the date of the filing of the application. This time delay may be used to conduct any necessary archaeological work. At the end of the delay, the applicant will be allowed to continue the project as planned.

(2)

Subsurface testing. This method includes limited sampling prior to the development process. Work of this nature must be conducted and/or supervised by a professional archaeologist. In situations where additional effort is warranted, the Historic Preservation Board may request the applicant to conduct full-scale excavation and/or in-situ preservation.

(3)

Full-scale excavation. If the area to be adversely impacted by the proposed project contains significant archaeological deposits as determined through documentary records and/or subsurface testing, a full-scale excavation may be warranted. This action requires a team supervised by a professional archaeologist. The time required for excavation will depend on the type and size of site, extent of soil disturbance, definition of the site made during the excavation, and weather conditions, but shall not exceed three hundred sixty-five (365) days in duration.

(4)

In-situ preservation. This method should be utilized, if feasible, as an alternative for full-scale excavation in projects that involve significant archaeological deposits. In-situ preservation is defined as maintaining the archaeological site in an undisturbed state at its present location such as through an easement, preserve, passive park or designated open space area, or by sealing the site under pavement and/or fill. Specific boundaries are identified and all development activity and earth-disturbing activity occurs outside of the identified boundaries.

(Ord. No. 2021-012, § 2, 10-12-21)

Any person conducting archaeological work in accordance with this Section shall complete a Florida Site File form, in compliance with section B.3.b of the Florida Certified Local Government Guidelines, and a written report that meets the guidelines of the Florida Department of State, Division of Historical Resources. A copy of the Florida Site File form and the report will be provided to the Historic Preservation Board and the Florida Department of State, Division of Historical Resources prior to the issuance of a certificate to excavate.

(Ord. No. 2021-012, § 2, 10-12-21)

The Historic Preservation Board may assist the applicant in obtaining funding or volunteer assistance for archaeological work.

(Ord. No. 2021-012, § 2, 10-12-21)

A certificate to excavate shall be considered a prerequisite to the issuance of any other permits required by ordinance of the City Commission for properties historically designated. The issuance of a certificate to excavate shall not relieve the applicant from obtaining other permits or approvals required by the City.

(Ord. No. 2021-012, § 2, 10-12-21)