ORDINANCE NO. 774-01: AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, A MUNICIPAL CORPORATION, ESTABLISHING A HISTORICAL, CULTURAL, ARCHITECTURAL, AESTHETIC AND ARCHITECTURAL HERITAGE AND PROVIDING FOR PURPOSE; SCOPE OF REGULATION; DEFINITIONS; CREATION OF HISTORIC PRESERVATION BOARD; DESIGNATION OF PROCESS AND PROCEDURE; CERTIFICATE OF APPROPRIATENESS IN CERTAIN SITUATIONS; SEVERABILITY AND AN EFFECTIVE DATE.

It is the intent of the Land Development Code to permit creation of special public interest districts in accordance with the procedures of section 10.03.00 in the following circumstances:

(A)

In general, areas officially designated as having special and substantial public interest in protection of existing or proposed character or of principal views of, from or through the areas;

(B)

Surrounding individual buildings or sites where there are special and substantial public interest in protecting the buildings and their visual environment; or

(C)

In other cases where special and substantial public interests require modification of otherwise applicable zoning regulations or repeal and replacement of the regulations, for the accomplishment of the special public purposes for which the special public district is established.

It is further intended that the districts and the regulations adopted for them shall be in accord with and promote the purposes set out in, the Comprehensive Plan and other officially adopted plans of the city and shall encourage land use and development in substantial accord with the physical design objectives set out therein.

Establishment of an urban conservation district shall be in accordance with provisions set forth in this section. The UC district contemplates general notice of intent to designate the area under consideration, development of a plan for the area and implementing ordinances including zoning with formal designation of the area and other regulatory ordinances, if necessary.

The Urban Conservation Plan and district, used in combination with another district or districts, are intended to promote the health, safety, economic, cultural and general welfare of the public by encouraging the conservation and enhancement of the urban environment. The purpose of the plan and the district include, but are not limited to, the following:

(A)

To identify physical, social and economic resources within the urban environment that are worthy of conservation;

(B)

To maintain neighborhood character and integrity by focusing special attention on the maintenance of the physical environment; the enhancement of physical, social and economic resources and the accommodation of desirable change;

(C)

To prevent economic obsolescence and to promote reinvestment by fostering stable property values through a high level of economic activity, maintenance of essential urban services and by focusing financial assistance and other economic development programs;

(D)

To promote the efficient use of urban lands, including the encouragement of compatible infill development on vacant and passed-over parcels;

(E)

To encourage and to support rehabilitation of the physical environment and programs for the conservation and revitalization of urban areas;

(F)

To foster harmonious, orderly and efficient growth, development and redevelopment; and

(G)

To aid in the prevention or elimination of slums or blight.

The initiation of a proposal for UC district consideration may be made by the Zephyrhills City Council, the Planning Commission or by application of property owners and/or residents in the area or site to be designated. If the application is made by property owners and/or residents in the area, the application must contain signatures of property owners representing at least 50 percent of the property within the proposed UC district boundary area.

The Commission shall not prepare an Urban Conservation Plan for an area unless the City Council has first declared by resolution that the area is to be considered for UC district designation. The purpose of the resolution shall be solely for describing generally the area under consideration and to generally provide notice that formal hearings will thereafter be held before the Commission and the City Council in accordance with procedures set forth herein which may lead to the adoption of a plan for the area and adoption of UC district zoning and other regulatory ordinances. The resolution shall be adopted only after published notice in accordance with the provisions of Part 11.18.00.

(A)

The Planning Commission shall, after the adoption of a resolution by City Council, cause a UC plan to be prepared for the described area.

(B)

The UC plan shall be sufficiently complete to indicate objectives and its relationship to appropriate land uses, preservation of historic sites and districts, improved traffic, public transportation, public utilities, recreation and community facilities and other public improvements and proposed land uses and building requirements in the UC area and shall include, without being limited to:

(1)

The boundaries of the UC district, with a map showing the existing uses and condition of the real property therein;

(2)

A land use plan showing proposed uses of the area;

(3)

Information showing the standards of population densities, land coverage and building intensities in the area after redevelopment or urban renewal;

(4)

A statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building codes and ordinances;

(5)

A statement as to the kind and number of additional public facilities or utilities which will be required in the area; and

(6)

A statement of needs for urban conservation in the area.

(C)

The plan for the UC area shall conform with the general plan for the development of the community as a whole. The Planning Commission shall, upon adoption of the plan after public hearing, submit its recommendations with respect to the proposed UC plan to the City Council for its consideration with its recommendations for zoning and other regulatory ordinances.

(D)

Prior to recommending a UC plan to the City Council for approval, the Planning Commission shall consider whether the proposed land uses and building requirements in the area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted and harmonious development of the Community and its environs which, in accordance with present and future needs, will promote health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage and other public utilities, schools, parks, recreational and community facilities and other public requirements, the promotion of sound design and arrangement. the wise and efficient expenditure of public funds, the prevention of the recurrence of unsanitary or unsafe dwelling accommodations or insanitary areas or conditions of blight or deterioration and the provision of adequate, safe and sanitary dwelling accommodations.

(A)

One of the following minimum criteria shall be satisfied before a UC plan or district may be adopted:

(1)

The area is blighted by reason of the predominance of defective or inadequate street layout, unsanitary or unsafe conditions. deterioration of site improvements, improper subdivision or obsolete platting or the existence of conditions which endanger life or property by fire and other causes, retards the provision of housing accommodations or constitutes an economic or social liability or a menace to the public health, safety, morals or welfare in its present condition and use;

(2)

The area is unsanitary by reason of a predominance of buildings and improvements which due to dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air sanitation or open spaces, high density of population and overcrowding of buildings, overcrowding of land or the existence of conditions which endanger life or property by fire and other causes or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime or constitutes an economic or social liability and is detrimental to the public health, safety, morals and welfare;

(3)

The area is not yet blighted or unsanitary but is or may become detrimental to the public safety, health, morals or welfare because of a combination of any of the following factors: dilapidation, obsolescence, deterioration, illegal use of structures; illegal conversion of residential structures; presence of structures below minimum code standards, abandonment, excessive vacancies, overcrowding of structures; overcrowding or excessive burdens on community facilities, lack of ventilation, light or sanitary facilities in structures, particularly residential structures, inadequate utilities, excessive land coverage, deleterious land use or layout and depreciation of physical maintenance. Such an area shall be a conservation area; or

(4)

If the area contains vacant land, two or more of the following factors shall be present: obsolete platting, diversity of ownership preventing land assemblage, tax or special assessment delinquencies, deterioration of structures or site improvements or immediately prior to becoming vacant the area would have qualified as a blighted, insanitary or conservation area.

(B)

The recommendation of a UC plan by the Planning Commission to the City Council shall be accompanied by the recommendations, if any, of the Commission, concerning zoning and other regulatory ordinances.

(C)

The City Council shall hold a public hearing on the plan or substantial modification thereof recommended by the Planning Commission after public notice in accordance with the provisions of Part 11.18.00.

(D)

Following the hearing, the City Council may approve a UC plan if it finds that the plan is feasible and in conformity with the general plan for the development of the community as a whole. A UC plan which has not been approved by the City Council when recommended by the Commission may be recommended again to the Council with any modifications deemed advisable.

(E)

A UC plan may be modified at any time by the Commission, provided however, if the modification substantially changes the UC plan as previously approved by the City Council, the modification shall be approved by the City Council in accordance with procedures for adopting the original plan.

(A)

Simultaneously with the adoption of the UC plan for the area or thereafter, the City Council may change the zoning in the area to a UC district. The zoning change shall be in accordance with procedures established for modifying zoning set out in Part 11.16.00.

(B)

The zoning amendment shall identify the district boundaries and the property located therein.

(C)

The UC district may include specific standards and controls to regulate the district, including provisions governing:

(1)

The use of land;

(2)

Density and/or intensity of land use such as minimum lot size, maximum floor area, floor area ratios, number of dwelling units per acre, minimum lot area per dwelling unit and other related provisions;

(3)

Area and bulk restrictions, including setbacks, maximum lot coverage, height controls, open space requirements and other related provision;

(4)

Accessory uses and yard utilization regulations such as landscaping, fencing, carports, access regulations, sidewalks, home occupations, animal regulations, signs and other related provisions;

(5)

Parking regulations such as number of required spaces per type of car, the location and design of parking areas, restrictions concerning recreational vehicles, trailers, boats, large trucks and other related provisions;

(6)

Historic buildings, districts and regulations designed to protect the same; and

(7)

Planned development in whole or in part for the area.

(A)

Simultaneously with the adoption of the UC plan or thereafter, the City Council may adopt other ordinances in order to implement the plan to provide for urban conservation which ordinances may include but shall not be limited to the following:

(1)

Regulation of the conversion of existing structures including provisions governing the use of converted structures, parking and/or other related provisions;

(2)

Special provisions, procedures and techniques relating to the city's Building, Electrical, Fire, Mechanical and Plumbing Codes and sewer, storm water and street improvement requirements;

(3)

Procedures, techniques and devices for implementation and enforcement of this section, including the delegation of certain responsibility and authority to duly constituted commissions, boards, committees, associations or officials; and

(4)

Other regulations as may be necessary to promote and protect the public health, safety and welfare in the UC area.

(B)

The regulations may be specifically directed to the prevention of the characteristics of blight and urban decay and may apply only in urban conservation districts.

The ordinance codified herein is intended to and shall govern and be applicable to all property located in the city. In all zoning districts within the boundaries of a designated historic property or historic district, the regulations for both the zoning district and the designation shall apply. Whenever there is conflict between the regulations of the zoning district and the regulations of the designation, the more restrictive shall apply.

A local register of historic places is hereby created as a means of identifying and classifying various sites, buildings, structures, objects and districts as historic, archaeological and/or architecturally significant. The local register will be kept by the Board.

(A)

In order to qualify as a local historic property or historic district, individual properties or groups of properties must have significant character, interest or value as part of the historical, cultural, archaeological, aesthetic or architectural heritage of the city, state or nation;

(B)

Shall possess adequate integrity of location, design, setting, materials, workmanship, feeling and association;

(C)

Shall be at least 50 years of age or the majority of its resources be at least 50 years of age; and

(D)

Shall meet one or more of the following criteria:

(1)

Associated with events that have made a significant contribution to the broad patterns of our history;

(2)

Associated with the lives of persons significant in our past;

(3)

Embodies the distinctive characteristics of a type, period or method of construction;

(4)

Represents a significant and distinguishable entity whose components may lack individual distinction;

(5)

Represents one of the few remaining examples of a past architectural style, building type or engineering feature;

(6)

Represents the notable work of an architect, landscape architect, designer or builder or possesses high artistic value;

(7)

Has yielded or may be likely to yield, information important in prehistory or history; and/or

(8)

Is determined eligible for or listed in the National Register of Historic Places.

(A)

Certain properties which include cemeteries, birthplaces, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, properties commemorative in nature and properties that have achieved significance within the last 50 years, will not normally be considered for designation.

(B)

However, the properties may qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:

(1)

A religious property deriving primary significance from architectural or artistic distinction of historical importance.

(2)

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

(3)

A birthplace or grave of a historical figure of outstanding importance if there is no other appropriate site or building directly associated with his or her productive life.

(4)

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

(5)

A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance.

(6)

A property or district achieving significance within the past 50 years if it is of exceptional importance.

(7)

A property listed in the National Register of Historic Places.

Designation of a historic property or historic district which meets the criteria for designation may be initiated by the Board or upon recommendation of its staff, City Council, any private or public organization in the city or any city board. Alternately, owners may seek designation of their property; or, for districts, owners within the proposed district may seek designation.

The following procedure shall be used to designate historic properties or historic districts:

(A)

The owner of a property, the City Council, any private or public organization in the city or any city board may petition for designation by completing a nomination form, available from the Administrator and return it to the Board. The Board may also, upon recommendations from staff or upon its own initiative, initiate nomination proceedings on its own accord. Members of the public may recommend sites or districts to the Board.

(B)

The Board will conduct a preliminary evaluation of the information provided on each nomination form to ensure its conformance with the designation criteria.

(C)

The Board, through staff, will then prepare a designation report which will contain the following information:

(1)

Proposed legal boundaries of the historic property or district or archaeological site;

(2)

Analysis of the historic, architectural or cultural significance of the nominated property;

(3)

Description of the nominated property including historic architectural features and nonhistoric alterations, modifications and additions;

(4)

Sketch of the historic property, site or district or archaeological site showing contributing and noncontributing resources and proposed boundaries;

(5)

Photographs of the property; and

(6)

Name and address of the owners of the nominated property and owners of the property adjacent to the nominated property.

Where someone other than the property owner nominates a property or district for designation, the Board will notify the owner of the Board's intent to designate and mail a copy of the designation report at least 15 days prior to a public hearing on the Board's designation.

When a nomination form is filed, the Board shall notify appropriate building and zoning departments and any other city agency that may be affected by the proposed designation.

A public hearing must be held no sooner than 15 days and within 60 days after the filing of a designation report. Owners of record and adjacent property owners shall be notified of the public hearing by certified mail to the party's last known address. Notice shall also be published at least ten days prior to the hearing in a newspaper of general circulation within the city. Owners shall be given an opportunity at the public hearing to object to the proposed designation. If objecting in writing, a notarized statement must be submitted at least ten days prior to the nomination being considered at the public hearing.

The Board may present testimony or documentary evidence of its own or may solicit expert testimony to establish a record regarding the historical and architectural importance of the proposed property. The Board shall afford to the owner of the property reasonable opportunity to present testimony or documentary evidence regarding the historical and architectural importance of the proposed designation. Any interested party may present testimony or documentary evidence regarding the proposed designation at the public hearing and may submit to the Board documentary evidence prior to the hearing. The owner of the property proposed for designation shall be afforded the right of representation by counsel and reasonable opportunity to cross examine witnesses presented by others.

Following the filing of a nomination form, no new permits shall be issued for any new construction, alteration, relocation or demolition of property included in the nomination. This delay in permitting will remain in effect until the Board either approves or denies the designation or until six months have elapsed, whichever shall occur first. No permit shall be issued for any new construction, alteration, relocation or demolition of property included in the nomination unless the Board follows the procedures and requirements for a certificate of appropriateness and finds that such a permit may be issued.

After the public hearing, the Board shall submit a final report on designation within 15 days following the public hearing.

A property owner aggrieved by the designation shall have the right to appeal the designation to the City Council by filing a written notice within 30 days with the City Clerk. Within 30 days of the date of filing the appeal or the first City Council meeting scheduled, whichever is latest in time, the City Council shall hear the appeal and issue a final decision.

Application may be made for the removal of a property from the local register and the same procedure shall be employed as in the designation of properties under this section.

Within 30 days following the designation, the owners and occupants of each designated historic property or resource located within a designated historic district, shall be given written notification of the designation which notice shall apprise the owners and occupants of the necessity of obtaining a certificate of appropriateness prior to undertaking any material change to the appearance of the historic property or resource within the historic district. A notice sent via the United States mail to the last-known owner of the property shown on the city's tax roll and a notice sent via United States mail to the address of the property to the attention of the occupant shall constitute legal notification to the owner and occupant under the ordinance codified herein.

The Council shall notify all necessary agencies within the city of the ordinance for designation, including the local historical organization.

The Board shall provide the Clerk of the Circuit Court with all designations for the purpose of recording the designation and the Clerk of the Circuit Court shall thereupon record the designation according to law.

The Board is authorized to issue and place a city-approved standard sign or marker on or near the property indicating that the property has been so designated.

Upon designation, the Board, with the owner, may prepare a plan for the long-term preservation of the landmark.

Upon designation, the property shall be subject to regulation by the Board. A certificate of appropriateness issued by the Board shall be required prior to any alteration, new construction or demolition of the property.

Designated properties shall be eligible for the following incentives:

(A)

Designated properties shall be eligible for any financial assistance set aside for historic preservation projects by the city, the state or the Federal Government, provided they meet the requirements of those financial assistance programs.

(B)

The Board shall encourage and assist in the nomination of eligible income-producing properties to the National Register in order to make available to those property owners the investment tax credits for certified rehabilitations pursuant to the Tax Reform Act of 1986 and any other programs offered through the National Register.

(C)

Designated properties may be eligible for administrative variances or other forms of relief from applicable building codes as follows: repairs, alterations and additions necessary for preservation or rehabilitation of designated properties or continued use of a building may be made without conformance to the technical requirements of the Standard Building Code when the proposed work has been issued a certificate of appropriateness by the Board provided that:

(1)

The restored building will be no more hazardous based on consideration of life, fire and sanitation safety than it was in its original condition; and

(2)

Plans and specifications are sealed by a Florida registered architect or engineer, if required by the Building Official.

(D)

Owners of designated properties which have received a certificate of appropriateness may be eligible for variances involving setbacks, lot width, depth, area requirements, land development regulations, height limitations, open space requirements, parking requirements and other similar zoning variances not related to a change in use of the property. Variances will be granted upon a showing that:

(1)

The variance will be in harmony with the general appearance and character of the community; and

(2)

The variance will not be injurious to the public health, safety or welfare.

(E)

Designated properties may be utilized to satisfy required setbacks, buffer strips or open space up to the maximum area required by development regulations. Conservation of historic, cultural or archaeological resources shall qualify for any open space requirements mandated by development regulations.

(F)

Acreage associated with designated properties preserved within the boundaries of the project shall be included in calculating the project's permitted density.

(A)

A certificate of appropriateness must be obtained before a person may undertake a material change in exterior appearance to a designated historic property or resource within a designated historic district, whether or not a building permit is required for the work.

(B)

If the work constitutes ordinary maintenance or repair of any exterior architectural feature in or on a historic property to correct deterioration, decay or damage and that does not involve a material change in design, material our outer appearance thereof, the work may be done without a certificate of appropriateness.

Application for a certificate of appropriateness shall be made to the Administrator. Drawings, photographs, plans and specifications shall show proposed exterior alterations, additions, changes or new construction in sufficient detail to enable the Board to make a decision based on the merits of the proposal.

The Board may extend action for a period of up to 30 additional days. In the case of a demolition application, the Board may suspend action on it for a period not to exceed 180 days. Construction for which a certificate of appropriateness is issued shall begin within 12 months from the date of issuance of the certificate of appropriateness.

(A)

The Board shall apply the appropriate criteria for reviewing applications for a certificate of appropriateness and any accompanying information.

(B)

After review of the application, the Board shall take one of the following actions within two weeks from the date a complete application has been filed:

(1)

Grant the certificate of appropriateness with an immediate effective date;

(2)

Grant the certificate of appropriateness with special modifications and conditions;

(3)

Grant the certificate of appropriateness with a deferred effective date, which date shall not exceed six months from the date of issuance; or

(4)

Deny the certificate of appropriateness. Denial of a certificate of appropriateness will be accompanied by a written statement of the Board describing the public interest and reasons for the denial.

The Board shall hold a public hearing upon on application for a certificate of appropriateness affecting a property under its control. This hearing shall take place as for designation of historic properties. Notification of the applicant and owners of adjacent properties shall occur pursuant to that section. Additional notice shall be posted in a conspicuous place on the property involved in the application at least 15 days prior to the hearing.

(A)

An applicant wishing to demolish a designated property has the responsibility of proving that the demolition is necessary and shall present adequate evidence on the need for demolition.

(B)

The Board shall take into account the situation and resources of the applicant in terms of the requirements for information provided by the applicant and in the case of economic hardship of an owner-occupied residential building, may provide assistance in compiling necessary data, should the owner so desire.

(1)

The applicant shall explore alternatives to demolition and shall demonstrate this exploration to the Board. These shall include alternative approaches to land use, relocation of the landmark and incorporation of the landmark into proposed redevelopment. The Board may negotiate with the applicant to see if an alternative can be found. The Board may also ask interested individuals and organizations for assistance in seeking an alternative to demolition.

(2)

The Board shall study the question of economic hardship for the applicant and shall determine whether the designated landmark can be put to reasonable beneficial use without the approval of the demolition application. For income-producing property, the Board shall also determine whether the applicant can obtain a reasonable rate of return from the existing property.

(A)

An undue economic hardship shall not be a situation of the person's own making or as a result of any failure to maintain the property in good repair.

(B)

If the owner claims economic hardship, the Board Mayor may not require the following information from the owner before deciding on any application:

(1)

An estimate of the cost of proposed construction, alteration, demolition or removal and an estimate of any additional cost that would be incurred in order to comply with the recommendation of the Board for changes necessary for the issuance of a certificate of appropriateness.

(2)

A report from a licensed engineer, contractor or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.

(3)

The estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the Preservation Board; and, for proposed demolition, after renovation of the existing property for continued use.

(4)

In the case of proposed demolition, an estimate from an architect, developer, licensed contractor, appraiser or real estate consultant as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

(5)

The means by which the property was acquired (whether purchase, gift or inheritance), the amount paid for the property and the date of purchase or acquisition.

(C)

For income-producing property, the Board may also require the following additional information:

(1)

The annual gross income from the property for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

(2)

The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;

(3)

All appraisals obtained within the previous two years in connection with the purchase, financing or ownership of the property;

(4)

Any listing of the property for sale or rent, the price asked and any offers received within the previous two years;

(5)

The assessed value of the property according to the two most recent assessments;

(6)

Real estate taxes paid no the property for the previous two years;

(7)

The ownership of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture or other; and

(8)

Any other information, including the income tax bracket of the owner, applicant or principal investors in the property, considered necessary by the Board to determine whether the property does nor may yield a reasonable return to the owners.

Government agencies having the authority to demolish unsafe buildings shall receive notice of designation of historic properties and historic districts. The Board shall be deemed an interested party and shall be entitled to receive notice of any public hearings conducted by the government agency regarding demolition of any designated property. The Board may make recommendations and suggestions to the government agency and the owner(s) relative to the feasibility of and the public interest in preserving the designated property.

Failure of the Board to decide on an applied for certificate of appropriateness within the set time limit shall constitute approval of the application.

Owners of historic properties and contributing resources within historic districts shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair.

(A)

Generally. Issuance of a certificate of appropriateness, except for demolition of a designated property, shall be guided by the Secretary of the Interior's Standards for Rehabilitation and the local design guidelines on rehabilitation of historic properties.

(1)

The Board shall approve the application and issue a certificate if it finds that the proposal material change(s) in the appearance would not have a substantial adverse effect on the historic or architectural significance and value of the historic property or the historic district. In making this determination, the Commission shall consider, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, general design arrangement, texture and material of the architectural features involves and the relationship thereof to the exterior architectural style and historic features of the other structures in the immediate neighborhood.

(2)

The Board shall deny a certificate if it finds that the proposed material change(s) in appearance would have substantial adverse effects on the historic or architectural significance and value of the historic property or the historic district.

(3)

The Board may make approval of a certificate conditional upon complying to certain stipulations which may be listed in the certificate. The stipulations are to be used only to diminish the adverse impact of the changes in material appearances proposed in the application for a certificate.

(B)

Local design guidelines. The Board shall develop and adopt design review guidelines. These guidelines shall serve as an informational and educational tool for owners of historic properties and properties in historic districts and shall illustrate, in written and graphic form, the design review criteria, concepts and ideas by which new construction, alterations, additions, renovations and other modifications to historic properties and properties in historic districts will be evaluated.

(C)

Relocations.

(1)

If an applicant wishes to move a historic property or resource in a historic district, the Board shall consider:

(a)

The contribution the resource makes to its present setting;

(b)

Whether there are definite plans for the use of the site once vacated;

(c)

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

(d)

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

(2)

These considerations shall be in addition to the points contained in other sections of this article.

(D)

Demolitions. Decision by the Board approving or denying a certificate of appropriateness for the proposed demolition of a designated property shall be guided by the following factors:

(1)

The historic and architectural significance of the property;

(2)

The importance of the structure to the ambience of a district;

(3)

The difficulty or impossibility of reproducing such a property because of its design, texture, material, detail or unique location;

(4)

Whether the structure is one of the last remaining examples of its kind in the neighborhood, the city or the region;

(5)

Whether definite plans exist for the reuse of the property if the proposed demolition is carried out and the likely effects of these plans on the character of the surrounding neighborhood;

(6)

Whether reasonable measures can be taken to save the structure for collapse;

(7)

Claimed economic hardship on the owner; and

(8)

Whether the structure is capable of earning reasonable economic return on its value.

(E)

New construction. After the designation of a historic property or historic district, no new building, structure or object shall be constructed until the owner or occupant thereof has submitted an application for a certificate to the Board and the Board has approved it. The Board shall consider the compatibility of the new construction with the existing character of the historic property or historic district, but the Board shall not dictate the architectural type of the new construction. Compatible design shall mean architectural design and construction that will fit harmoniously into the historic property or historic district. The Board shall also consider the local design guidelines and following points in review of an application for new construction:

(1)

Scale, height and width;

(2)

Setbacks;

(3)

Orientation and site coverage;

(4)

Alignment, rhythm and spacing of buildings;

(5)

Form and detail: link between old and new;

(6)

Maintaining materials;

(7)

Maintaining quality;

(8)

Facade proportions and window patterns;

(9)

Entrances and porch projections;

(10)

Roof forms; and

(11)

Horizontal, vertical or non-directional emphasis.