§ 46-66. Designation process and procedure.

(a)

Designated areas. The historic preservation board shall have the authority to designate areas, places, buildings, structures, landscape features, archaeological and paleontological sites and other improvements or physical features as individual sites, districts, or archaeological and paleontological zones that are significant in the city's history, architecture, archaeology, paleontology or culture and that possess an integrity of location, design, setting, materials, workmanship or association or that:

(1)

Are associated with distinctive elements of the cultural, social, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, the city, the county, South Florida, the state or the nation.

(2)

Are associated with the lives of persons significant in the city's past.

(3)

Embody the distinctive characteristics of a type, period, style or method of construction or work of a master or possess high artistic value or represent a distinguishable entity whose components may lave individual distinction.

(4)

Have yield or are likely to yield information in history or prehistory.

(5)

Are listed in the National Register of Historic Places.

(b)

Properties not normally considered for designation. 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. However, such 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 which is the surviving structure most importantly associated with an historic event or person.

(3)

A birthplace or grave of an historical figure of outstanding importance if there is no other appropriate site or building directly associated with such person's productive life.

(4)

A cemetery that 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.

(c)

Investigation and report. Prior to the designation of an individual site, a district, or an archaeological or paleontological zone, an investigation and designation report must be filed with the historic preservation board. The format of these reports may vary according to the type of designation; however, all reports must address the following: the historical, cultural, architectural, and archaeological or paleontological significance of the property being recommended for designation; a recommendation of boundaries for districts and archaeological or paleontological zones and identification of boundaries of individual being designated; a recommendation of standards to be adopted by the board in carrying out its regulatory function under this chapter with respect to certificates of appropriateness and certificates to dig. Where a report is filed recommending designation of a district, the report must identify those properties, if any, within the district that are not historically or architecturally compatible with structures in the district. The standards for regulating such nonconforming properties shall provide that a certificate of appropriateness may be required only for new construction on such properties. All reports shall take into consideration projected, proposed or existing public improvements and developmental or renewal plans.

(d)

Procedure. Procedures for designation or for de-designation shall be as follows:

(1)

Petition. The owner of any property in the city, the city, the director of the county office of historic preservation and a private party may petition the board for designation of the owner's property as an individual site, district, archaeological or paleontological zone, provided that the owner appears before the board with sufficient information to warrant the investigation of the property for future designation and the board finds that the property may be worthy of designation or de-designation. The board shall, based on its findings, either direct staff to begin the designation process or deny the petition. Nothing in this subsection shall be deemed to restrict the power of the board to initiate the designation or de-designation process.

(2)

Directive of board. The board shall, upon recommendation from staff and/or the acceptance of petitions pursuant to subsection (d)(1) of this section or upon its own initiative, direct staff to begin the designation process by preparing a designation or de-designation report, pursuant to subsection (c) of this section, and any other standards the board may deem necessary, and submitting this report, according to the procedures described in this section.

(3)

Notification of owner. For each proposed designation of an individual site, district or archaeological or paleontological zone, the board shall attempt to obtain the consent to designation of the property owner involved and shall mail a copy of the designation or de-designation report to each owner at least 15 days prior to filing of a designation or de-designation report with the board as notification of the intent of the board to consider designation or de-designation of the property. The property owner's consent is not necessary for the city to designate an historic property for historic preservation or de-designate a property.

(4)

Notification of government agencies. Upon filing of a designation or de-designation report, the secretary of the board shall immediately notify the building and planning divisions, and any other agency or department, including agencies or departments with demolition powers, that may be affected by such filing, including, but not limited to, the director of the county office of historic preservation.

(5)

Notification of public hearing. For each individual site, district or archaeological or paleontological zone proposed for designation, a public hearing must be held no sooner than 15 days and within 60 days from the date a designation or de-designation report has been filed with the board. Owners of record, petitioners or other parties having an interest in the proposed designated properties, if known, shall be notified of the public hearing by certified mail to the last known addresses of the parties being served; however, failure to receive such notice shall not invalidate the notice, as such notice shall also be perfected by publishing a copy thereof in a newspaper of general circulation at least ten days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to the proposed designation or de-designation.

(6)

Prompt decision and notification. Within seven days of a public hearing on a proposed individual site, district or archaeological or paleontological zone, the board shall reduce to writing its decision to approve, deny or amend the proposed designation or de-designation and direct the secretary of the board to notify the following of its actions with a copy of the official minutes of the meeting and a summary statement of the effects of this action:

a.

The building division.

b.

The city clerk.

c.

Owners of the affected property and other parties having an interest in the property, if known.

d.

The planning division.

e.

Any other city agency, including agencies with demolition powers, that may be affected by this action, including, but not limited to, county office of historic preservation.

(7)

Amendment of designation. The board may amend or rescind any designation or de-designation provided it complies with the procedures used in the original designation.

(8)

Moratorium. Upon the filing of a designation or de-designation report by the staff, the owner of the real property that is the subject matter of the designation report shall not:

a.

Erect any structure on the subject property.

b.

Issue building, construction, zoning and demolition permits.

c.

Alter, restore, renovate, move or demolish any structure on the subject property or significantly change the appearance of such property, until such time as final administrative action, as provided by this chapter, is completed.

(Ord. No. 2004-22, § 1, 3-9-2004)