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ORDINANCE NO. 5038-9.0
'. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, "
RELAYING TO HISTORIC PRESERVATION; CREATING SECTIONS
136.050 THROUGH 136.063, CODE OF ORDINANCES; DEFINING
TERMS; ESTABLISHING THE HISTORIC PRESERVATION BOARD OF I? }
THE CITY OF CLEARWATER, AND PROVIDING FOR ITS y.. ,
t: APPOINTMENT, DUTIES AND RESPONSIBILITIES; PROVIDING FOR
THE DESIGNATION OF HISTORIC PROPERTIES AND DISTRICTS,
's AND ESTABLISHING THE CRITERIA FOR SUCH DESIGNATION; ?,.:,>• ?,:?•,?,A
REGULATING THE ALTERATION, DEMOLITION AND RELOCATION OF
HISTORIC PROPERTIES, REQUIRING A CERTIFICATES OF
3 APPROPRIATENESS TO DEMOLISH MATERIALLY ALTER OR
RELOCATE HISTORIC PROPERTIES; PROVIDING FOR HISTORIC
EASEMENTS; PROVIDING FOR PENALTIES AND INJUNCTIVE
RELIEF; PROVIDING AN EFFECTIVE DATE. _ s.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Nei
Section 1, Article III of Chapter 136, Code of ordinances, consisting of 3?s.• °''`
Sections 136.050 through 136.063, is created to read: sf = 2
ARTICLE 111. HISTORIC PRESERVATION ??...?
Sec. 136.050. Title. This Article shall be known and may be referred to
A,
as the City of Clearwater Historic Preservation Ordinance. r s
Sec. 136.051. Authority. This Article is adopted pursuant to the Local. ..?
k; Government Comprehensive Planning and Land Development Regulation Act, Section ?? I,w
163.3184 et. ;r seq Florida Statutes the Florida Historical Resources Act
i? `
Section 267.011 et. seq., Florida Statutes, and the home rule powers granted to =r'4s
the City of Clearwater b Article VIII of the Florida Constitution Section
166,021, Florida Statutes, and the Charter of the City of Clearwater..:,
Sec. 136.052. Purpose. The purpose of this Article is to further the
policies and objectives of the City of Clearwater Comprehensive Plan by
=r_ providing for the designation of historic properties and districts, establishing
a historic preservation board, and establishing standards to be used in the
A? administration of this Article in order to meet the following objectives:
(1) There are properties and districts within the City which are uniqued
444
and nonrenewable resources of the City and its residents because of their ? ?.•• ,.
historic, architectural, archaeological or cultural significance. It is the ?r
7:sn ?. ss .f
' intent of the City to protect, enhance, and preserve those historic properties
and districts which represent or reflect the City's cultural, social, economic,, -f:
`r political, and architectural history.
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(2) It is the further intent of the City to preserve and enhance ;s {
property values, stabilize neighborhoods and other areas of the city, increase _,.
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economic benefits to the city and its inhabitants, continue the redevelopment
of the original center of the city, and promote and enrich the city's
educational and cultural environment.
Sec. 136.053. Definitions. As used in this Article:
(1) "Affected property owner" or "owner" means the owner or owners of
real property designated or proposed for designation as historic property or as
a historic district, or proposed for removal of the historic designation,
pursuant to this Article.
(2) "Hoard" means the Historic Preservation Board of the City of
Clearwater.
(3) "Contributing properties" means properties located in a historic
district that meet the following criteria:
(a) A structure whose location, design, setting, materials, workmanship,
feeling and association add to the district's sense of time and place and
historical development, and which contributes to the historic significance of
the historic district.
(b) Structures that have been built since 1940 shall not be considered
to contribute to the historical significance of a district unless a strong
justification concerning their historical or architectural merit is given, or
the historical attributes of the district or structure are considered to have
arisen since 1940.
(4) "Demolition" means the removal of fifty percent or more of a
structure's external walls, measured in square feet.
(5) "Historic district" means a geographically definable area with a
greater concentration of historic properties than is typically found in the City
of Clearwater, and designated as such by the City Commission. A historic
district need not be a single enclosed area, and the historic properties need
g not be contiguous to constitute a historic district.
(6) "Historic easement" means any easement, restriction, covenant or
condition running with the land, designed to preserve, maintain or enhance all
or part of the existing state of places of historic, architectural, cultural or
archaeological significance.
(7) "Historic property" means any prehistoric or historic site,
building, structure, or other real or personal property of historic,
architectural, or archeological value, and designated as such by the City
2
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Commission. Historic properties may include, but are not limited to, Indian
habitations, ceremonial sites, artifacts, or other properties, or any part
thereof, having intrinsic historical, architectural, or archaeological value
relating to the history, government and culture of the City,
(8) "Material alteration" means any change, other than a demolition,
affecting the exterior appearance of a structure by additions, reconstruction
or remodeling in a way which adversely affects the character, form, integrity,
or other qualities, contributing to the historical, architectural or
archaeological value of the property. The term may include, but is not limited
to, the changing of roofing or siding substances, or the changing, elimination
or addition of doors, door frames, windows, window frames, shutters, fences,
railings, porches, balconies or other ornamentation. The term does not include
ordinary maintenance.
(9) "Ordinary maintenance" means minor repairs, repainting and other
activities which normally do not require a building permit, or which repair or
replace existing details with similar materials, if such work does not adversely
affect the character, form, integrity, or other qualities contributing to the
historical, architectural or archaeological value of the property.
(10) "preservation" or "historic preservation" means the identification,
evaluation, recordation, documentation, analysis, recovery, interpretation,
acquisition, protection, management, rehabilitation, restoration, stabilization,
maintenance, or reconstruction of historic properties.
Sec. 136.054. Historic Preservation Board.
(1) There is hereby created and established the Historic Preservation
Board of the City of Clearwater.
(Z) The Board shall consist of seven members who are residents of the
city. Members shall be appointed by the city commission, and where possible the
city commission shall appoint a representative from each of the following areas
of expertise:
(a)
Florida;
(b)
(c)
(d)
licensed
One architect or preservation architect registered in the State of
One historian or architectural historian;
One certified planner or registered landscape architect;
One professional in the field of real estate or development, or a
general contractor;
3
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(e) One attorney.
Two members at large, with priority being given to owners of
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property contributing to a historic district.
' (3) Of the initial appointments, three members shall be appointed for
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j a term of three years, two members shall be appointed for a term of two years,
and two members shall be appointed for a term of one year. Thereafter,
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appointments shall be for a term of three years, Members may be reappointed for :'rtFsh€F,'
consecutive terms. If a vacant occurs, a new appointment shall be made b the
city commission for the unexpired term. Members shall serve without pay. ,;,Y.?r•,
The Board shall elect from its membership a chairperson and a vice-.4:,.
chairperson who shall serve for terms of one (1) year. The Board shall adopt =4.;;k7.tFS
rules of procedure to govern the conduct of its business and the holding of its
•:.?,:; ,'. ?? sib??i?t` Rcsa ??'`w?
hearings. The Board shall hold at least one regular meeting every three (3)
months. Special meetings may be called as is necessary by the chairperson, or
by any three members, upon not less than 24 hours notice. A quorum shall
consist of four members, and no business shall be conducted by the Board without
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the presence of a quorum. The Board and its members shall comply with the
financial disclosure, public records and public meeting laws and other K:?•;..:;"
applicable laws of the State of Florida 4? f
_.r., Sec. 136.055. Duties and responsibilities. It shall be theme'
.`r?i.•' responsibility of the Board to:
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nr (1) Administer the provision of this Article, establish any necessary
t administrative regulations and rules of procedure, and develop any programs
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F4 necessary to further the intent of this Article;
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(2) Maintain an inventory of historic properties and districts, and r'7 -.!fit
review and make recommendations regarding properties and districts which have
been designated as historic or which may be candidates for such designation;
(3) Review National Register of Historic Places Nominations for property
in the city, and explore participation in the National Register Program for the
State of Florida as a Certified Local Government;
(4) Approve or deny petitions for certificates of appropriateness;
(5) Recommend to the City Commission whether properties and districts
should be designated as historic, and whether the historic designation should
be removed from properties and districts so designated;
(6) Advise the City Commission on all matters relating to the
4
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preservation of historic properties and districts, including but not limited to
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the preparation and adoption of appropriate ordinances. iq;=•'?? •?
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Sec. 136.055. Resignation of Historic Properties and Districts; Removal
of Historic Designation.
(1) The City Commission shall have sole authority to designate any ?3'ap•?L
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property or district as historic, or to remove the historic designation from a ?
property or district. J.;
(2) Each such designation shall be made following a recommendation from ra:
the Board and from the planning and zoning board. A property owner may request E
the designation of a property or district as historic by applying to the Board
for a recommendation. The Board shall review each application for historic
designation. The recommendation of the Board shall be based upon a report
prepared by or at the direction of the Board which intludes, as a minimum, the
following:
(a) The location and boundaries of the property or district;
(b) The historic, architectural, or archeological value of the property
or district, and its relationship to the.history, government or culture of the
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(c) Present and projected economic trends and conditions relating to the
x? maintenance, development or redevelopment of the property or district; and
(d) A list of contributing and noncontributing properties within a
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district.
(3) The Board shall conduct a public hearing regarding the proposed
designation of a property or district as historic prior to deciding upon its
recommendation. Notice of the date, time and place of the hearing shall be
given to the affected property owner at least 14 days prior to the hearing. At
the conclusion of the hearing, the Board shall decide upon its recommendation
using the criteria set forth in section 136.057.
(4) Copies of the recommendation of the Board, including the report
required by this section, shall be transmitted for review and recommendation to
F the planning and zoning board, which shall hold a public hearing thereon.
Notice of the date, time and place of the hearing shall be given to the affected
property owner at least 14 days prior to the hearing.
(5) At the conclusion of the public hearing, the planning and zoning
G board shall transmita final report with its recommendation, as well as the
4
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recommendation of the Board, to the City Commission.
(6) The City Commission, upon receipt of the recommendations of the
Board and the planning and zoning board, may by ordinance designate the property
or district as historic, or remove the historic designation from the property
or district. Notice of the date, time and place of a hearing on the proposed
designation shall be given to the affected property owner at least 14 days prior
to the hearing. The public hearing may be conducted prior to or at the time of
first or,second reading of the ordinance. Upon the adoption of an ordinance
designating a property or district as historic, the owner shall be given written
notice of such designation by the city clerk. A suitable sign or marker
indicating the historic designation shall be erected on or near the property or
district.
(7) The designation of a district as historic shall include all
individual properties within the district as historic, except as may be
otherwise provided by the City Commission.
(8) The removal of the historic designation from a property or district
shall follow the same procedure as was used for its designation.
Sec. 136.057. Criteria for designation of historic properties and
districts.
(1) The following criteria shall be used in evaluating proposed historic
properties and districts:
(a) Whether the property or district is associated with events that have
made a significant contribution to the broad pattern of city, state or national
history;
(b) Whether the property or district is associated with the lives of
persons significant in history;
(c) Whether the property or district possesses distinctive
characteristics of a type, period or method of construction, or the
representation of the work of a master, or the possession of artistic values.
(d) Whether the property or district has yielded, or may be likely to
yield, information important in prehistory or history.
(2) Properties and districts shall be classified additionally as
follows:
(a) Exceptional - Meets all four of the above criteria.
(b) Excellent - Meets three of the above criteria.
6
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(c) Notable - Meets two of the above criteria.
(d) Of value as part of the scene - Meets one of the above criteria.
Sec. 136.058. Alterations, Demolitions, and Waiting Periods.
(1) A historic property may be materially altered or relocated only
after six (6) month written notice has been given to the Board by the affected
property owner. A historic property may be demolished only after twelve (12)
months written notice has been given to the Board by the affected property
owner. In either case, such notice may be given to the city clerk or to the
director of planning and development,
(2) During the waiting period, the city may conduct negotiations with
the owner, obtain a historic easement, or take other appropriate action in order
to preserve the property.
(3) The Board may waive any or all portion of the waiting period
provided the material alteration, relocation or demolition, is undertaken
subject to conditions agreed upon by the Board and the owner which mitigate the
adverse effects of the material alteration, relocation, demolition, or change
of use, and insure the continued maintenance of the character of the property
or district.
Sec. 136.059. Certificates of Appropriateness.
(1) Except as provided in this section, a certificate of appropriateness
shall be required to:
(a) Materially alter a historic property;
(b) Erect a new building or structure on a historic property;
(c) Demolish a historic property;
(d) Relocate a historic property;
(e) Remove, destroy or materially and adversely disturb an archeological
site.
(2) A certificate of appropriateness may required whether or not a
building or demolition permit is required.
(3) A certificate of appropriateness shall not be required for ordinary
maintenance, or for necessary corrective action in any case in which the
building official of the City determines that corrective action is required to
protect the public from an unsafe or dangerous condition.
(4) No building or demolition permit shall be issued for any historic
property, or for any property included within a historic district, without the
7
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approval of a certificate of appropriateness by the Board.
(5) Applications for certificates of appropriateness shall be reviewed
at a public hearing by the Board. Notice of the date, time and place of the
hearing shall be given to the affected property owner at least 14 days prior to
.s the hearing. At the conclusion of the hearing, the Board shall determine
whether.the proposed alteration or demolition is compatible with the historic,
architectural, and archaeological qualities that resulted in the designation of
the property or district as historic, and whether a feasible and prudent
alternative to the proposed alteration or demolition exists.
(a) if the Board determines that the proposed alteration or demolition
is compatible with such qualities, it shall approve the issuance of the
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certificate of appropriateness.
(b) If the Board determines that the proposed alteration or demolition
is incompatible with such qualities and that no feasible and prudent alternative
to the proposed alteration or demolition exists, the Board may grant an
exemption from the requirement for a certificate of appropriateness upon
establishing that the owner will take timely steps to avoid or mitigate the
adverse effects of the alteration or demolition.
f
(c) If the Board determines that the proposed alteration or demolition
is incompatible with such qualities and that a feasible and prudent alternative
to the proposed alteration or demolition exists, it shall disapprove the
issuance of the certificate of appropriateness.
(d) In each case, the Board shall state upon its record the reasons for
its decision and shall furnish a copy of its decision, including the reasons
therefor, to the applicant.
(6) Any person aggrieved by a decision of the Board may appeal the
' decision to the City Commission, which shall hold a further public hearing and
either affirm, modify, or reverse the decision of the Board. No decision of the
Board shall be deemed a final administrative decision of the City unless and
until the decision has been affirmed or modified by the City Commission. The
City Commission retains the authority to make the final decision on any
application for a certificate of appropriateness.
' Sec. 136.060. Notices. Whenever notice is required by this Article to
be given to an affected property owner, such notice shall be given by mailing
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a copy therecf to the current property owner at the address of record according
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to the records of the property appraiser of Pinellas County, and shall be deemed
' given when mailed, postage paid. Notices of hearings before the Board and the
planning and zoning board shall be given by the director of planning and
n? 1:IA
development. Noti,es of hearings before the City Commission shall be given b ' ?r .? .• r.
the city clerk.
Sec. 136.061. Historic Easements. ;t :F?t•=g ?;_:
The city may acquire by purchaser donation or condemnation' historic T
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easements in an area within its jurisdiction wherever and to the extent that y,,=$xs?`
' the City Commission, upon the recommendation of the Board determines the
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acquisition will be in the public interest,
Sec. 136.062. Penalties,
(1) Any person who violates any provision of this Article shall be
punished by a fine of not more than $500.00, .i^rs 5 ?
2) If an person files with the Board an application for a certificate as'??f
of appropriateness and willfully makes any material false statement in such # ? ??
;. application, or willfully furnishes false information to the Board in support
=r; of the application, the certificate of appropriateness shall be subject to
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denial or revocation.
.3, zSt.?''E kral''tr 's?
(3) For the purpose of this Article, each day during which there exist o '
' any violation of any provision herein shall constitute a separate violation of
such provision. '
Sec. 136.063. Injunctions. Wherever an person has engaged in or is
7. about to engage in any act or practice which constitutes or will constitute
r`t a viol ation of this Article, the city attorney, upon authorization of the city
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k, commis sion, may apply to the circuit court of Pinellas County for an order
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enjoining such act or practice, or requiring such person to refrain from such;{; ,t
violation or to remedy such violation by restoring the affected property to its
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previous condition. '?;`;',,,',?'?
W Section 2. This ordinance shall take effect immediately upon adoption. I
PASSED ON FIRST READING September 20, 1990;'
,.a
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Attest:
Cynt a E.-. Gou eau
City Jerk
October 4, 1990
Rita Garvey
Mayor-Commissioner
Approved as to form and corectness:
!l ",l
M. A. Galbraith, U.
City Attorney ?.
9 -1-777
-77
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