Loading...
HomeMy WebLinkAbout02272004 1225 Main Street [] Sebastian, Florida 32958 Telephone (772) 589-5330 [] Fax (772) 589-5570 City Council Information Letter February 27, 2004 Sebastian Stormwater Utility Master Plan Full Approval by St. John's River Water Mana.qement District Please find the attached memorandum as compiled and delivered by Stormwater Utility Engineer Ken Jones, accompanied by a letter from St. John's River Water Management District (SJRWMD) Environmental Scientist Whit Green relative to the status of acceptance of the City of Sebastian's Stormwater Utility Master Plan as approved by City Council in 2003. I am pleased to report that SJRWMD formally accepted the plan, as well as offered a declaration that the City of Sebastian has met all obligations with the agency as governed in our interagency project and funding agreement first authorized a couple of years ago. As such, SJRWMD has now agreed to work with the City towards implementing projects and programs that will minimize storm water runoff activity in the Indian River Lagoon and St. Sebastian River. In addition, this approval positions our ability to procure long term grant funding opportunities with the district, including procurement of the previously discussed Environmental Protection Agency 319 Program. Historic Preservation Plannin.q - Ordinance Development As discussed during Wednesday evening's meeting relative to possible introduction of a historic preservation land development codification, please find the attached ordinance as delivered to my office earlier this week from the City of Fort Pierce that outlines terms and conditions governing respective activities in their community. I believe that Fort Pierce is the only city on the Treasure Coast that has adopted such regulations, prompting me to request a copy of their ordinance for our review and edification (although the document is quite voluminous, it does contain various and interesting provisions pertaining to overall preservation activities, including and City Councillnformation Leffer February27,2004 Page2 implementing establishment of a historic preservation board, as well as regulations governing structural renovation and retention). As such, Tracy Hass, Rich Stringer and I will convene in the next few days in an effort to compile possible recommendations for our community. A presentation will therefore be offered publicly in the coming weeks for your review and consideration. Charter Officer Agenda Transmittal Review and Execution In response to direction as offered during Wednesday evening's meeting relative to charter officer participation in the review of agenda transmittals being prepared for City Council meetings, please be advised that all departments were directed to incorporate appropriate time management practices to help facilitate this enhanced review process. Agenda transmittals from all departments are now required to be submitted to the Office of the City Manager by no later than eight (8) days prior to any next regularly scheduled City Council meeting (Tuesday afternoons, two days before the Office of the City Clerk begins compilations of agenda packets). By the close of business during respective Tuesdays, transmittals will be forwarded to the Office of the City Attorney, whereby Rich will have the ability to review each item. Meetings involving all three charter officers will therefore take place each Thursday morning (six days before regular meetings) beginning at 10 o'clock to collectively finalize this review exercise. The attached modified agenda format sheet now includes signature sections for both the City Clerk and City Attorney (in the upper right hand corner, along with required signatures of respective department directors). This practice will begin effective next week; to commence with your regularly meeting scheduled to take place Wednesday March 10th. Indian River County Community - Wide Needs Assessment of Human Services Programs in the Community Please find the attached letter as compiled and delivered by Joyce Johnston-Carlson, Indian River County Director of Human Services announcing the initiation of a community-wide Children's Services Advisory Committee needs assessment. The purpose of this effort is to collaborate with cities in Indian River County to define potential future programs to accommodate the increasing youth population, as well as possibly establish interagency service efforts accordingly. My office will likely host meetings City Council Information Letter February 27, 2004 Page 3 regarding this matter with representatives from Ms. Johnston-Carlson's office in the near future. Respective discussion may therefore very well yield a future City Council meeting for further public discussion regarding the matter. Enclosure(s): Memorandum from Ken Jonss/Letter from Whit Green - SJRWMD Approval of Stormwster Master Plan Revised Agenda Transmittal - Signature Line for City Attorney and City Clerk Letter from Joyce Johnston-Carlson, Director of Human Services, Indian River County- Community-Wide Needs Assessment Personal Copies - City of Fort Pierce Historic Preservation Ordinance My Documents/In foLetter206 To: Terrence Moore, City Manager CC: David Fisher, City Engineer z'Z)h From: Kenneth W. Jones, Stormwater Engineer Date: February 26, 2004 Re: SJRWMD Contract SD625AA Development of a Stormwater Master Plan for the City of Sebastian I have attached a copy of a letter from Whit Green of the St. John's River Water Management District for your review which states the City has met all obligations of the partnership to formulate the City's Master Stormwater Management Plan set forth in Contract SD625AA. The storm water system improvements presented in the Master Plan have been recognized by SJRWMD and the district is satisfied that the plan "nearly meets all the contractual runoff load reduction targets" identified. SJRWMD is currently investigating the impacts of storm water ranoff and its effects on salinity dependent fauna into the Indian River Lagoor~ Minimum salinity targets may be established in the future as a result. The swale replacement/curb and gutter systems implementation will likely require demonstration that additional runoff will not be generated or will be handled to ensure that loading and flows to the Sebastian River and/or Indian River Lagoon will not be increased as a result. To this end the SJRWMD has agreed to work with City stafftoward the goal of replacing the existing swales in a phased approach in order to not increase storm water runoff to the Sebastian River. This acceptance of the Master Plan by SJRWMD combined with the creation of our own storm water utility now enables the City to pursue additional grant funding opportunities with the district for project implementation. St. Johns Riye, r 4049 Reid Street · RO. Box 1429 · Palatka, FL 32178-1429 · (386) 329-4500 February 17, 2004 Mr. Kenneth W. Jones, Stormwater Engineer City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Contract SD625AA Development of a Master Stormwater Management Plan Dear Mr. Jones: At your request, I am sending this letter to verify that the City has provided the requisite deliverables outlined in its contract with the District. Specifically, the City's contractor, CDM, submi~ed Appendix K to the master stormwater management plan, which addresses the retrofit of the City s existing canal system to a wet detention treatment system. In doing so, CDM's model indicates that the City will nearly meet all the contractual runoff Icad reduction targets. As such, the City has met all obligations set forth in Contract SD625AA. You further requested that the District endorse the referenced Master Stormwater Management and Drainage Plan. Thdugh the City's contractual obligations have been met, there are elements within the master stormwater plan pertaining to the city-wide replacement of swales with curb and gutter drainage systems that could be a hindrance to meeting certain important water quality targets. Of particular concern is the potential for increasing the volume of stormwater runoff being discharged into the Sebastian River. An increase in runoff volume could have detrimental effects on salinity dependent fauna within the river as well as increasing the amount of light-attenuating constituents within the river and therefore being discharged into the Indian River Lagoon. The District is currently in the process of assessing the need for establishing minimum salinity targets within the Sebastian River and the affect that area runoff has on meeting such targets. Untii this assessment is complete, we cannot fully endorse the elements of the plan concerning wide-scale replacement of swales with curb and gutter drainage systems, We do share your interest in working together on this and the other elements of the master plan and hope to find a way to meet both of our goals. GOVERNING BOARD Duane Ottenstmer, CHAIRMAN Ometrias D. Long, vice CHAIRMAN Fl. Clay Albfight, SECRETARY David G. Graharn,TRF.~SUFER W. Michael Branch John G. Sowinski William Kerr Ann T. Moore FERNANDINA BEACH ORLANDO MELBOURNE BEACH BUNNELL Sincerely, Whit Green, Environmental Scientist Division of Environmental Sciences WG:svl C: I RL-Contract SD625AA Troy Rice David Fisher, City Engineer Eric Grotke, CDM - Vero Beach CITY OF SEBASTIAN AGENDA TRANSMITI~AL Subject: Approved for Submittal by: City Manager Terrence R. Moore Agenda No. Department Origin: Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: For Agenda of: Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY RECOMMENDED ACTION Telephone: (7721 567-8000 February 20, 2004 City of Sebastian Administration 1225 Main Street Sebastian, Florida 32958 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Veto Beach, Florida 32960-3365 Attention: Terrence Moore, City Manager Re: Community-Wide Needs Assessment of Human Services Dear Mr. Moore, I am writing to you on behalf of the Indian River County Children's Services Advisory Committee, who has been authorized by the Board of County Commissioners to contact community representatives regarding their interest in participating in a community-wide, cradle to grave, needs assessment. In order to plan for services the Children's Services Advisory Committee conducts an assessment of children's needs. Perhaps your agency also conducts a needs assessment, and would be interested in participating in a collaboration to conduct this countywide needs assessment. In working together we will be able to serve our own organizations in a cost effective manner, and be able to develop a needs assessment that will more efficiently identify duplications, or gaps, in services. These are the topics we wish to discuss: · Details of the needs assessment process. · Where your organization would fit into this process. · Funding possibilities. We will call to make an appointment. Indian River County Human Services F:\Human ServiceskMar/onWiy Documents\Needs Assessment Sub-Committee\CWNA - lntro Letter Final Draft 2-17.doc ORDINANCE NO. K-72 AN ORDINANCE AMENDING THE CODE OF O~DINANCES OF THE CITY OF FORT PIERCE, FLORIDA; REPEALING ARTICLE 12 OF C~APTER 22, CREATING CHAPTER 23; PROVIDING FOR THE IDENTIFICATION, PROTECTION, AND PROMOTION OF RESTORATION OF BUILDINGS AND DISTRICTS WITHIN THE CITY WHICH HAN"E SPECIAL HISTORICAL, ARCHITECTI/RAL AND ARCHAEOLOGICAL SIG~RIFICANCE; PROVIDING DEFINITIONS; PROVIDING FOR THE CREATION OF AND THE POWERS AND DUTIES OF A HISTORIC PRESERVATION BOARD; PROVIDING STANDARDS, REGULATIONS AND PROCEDURES FOR DESIG~NATION OF HISTORIC SITES, STRUCTURES AND DISTRICTS; PROVIDING FOR THE ISSUANCE OF CERTIFICATES OF APPROPRIATENESS; PROVIDING AN A~PEALS PROCESS; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, structures of architectural, historic, cultural and importance enhance the quality of life in the City of Fort Pierce, as lessons of the past and examples of quality for today; and WHEREAS, the City Commission desires to enact measures designed to aesthetic serve protect and preserve such significant simultaneously promote the in turn combats blight. sites and structures and of deteriorated buildings which rehabilitation BE IT ORDAINED by the City Commission of the City of Fort Pierce, Florida, a municipal corporation, as follows: SECTION 1: hereby repealed whatsoever. SECTION 2: Article 12 of Chapter 22 (Sections 22-175-22-230) is so that the same shall have no further force or effect Chapter 23 of the Code of Ordinances is hereby created so that the same shall read hereinafter as follows: Chapter 23. Preservation of Historic Archaeological Sites, Structures and Districts and ARTICLE I - GENERALLY Sec. 23-010. Short Title. This Chapter shall be known and may be cited as the "Historic Preservation Ordinance." Sec. 23-0tl. Scope of Regulations. (a) This Chapter is intended to and shall govern and be applicable to all property located in the incorporated city limits of Fort Pierce, Florida. (b) The historic preservation ordinance shall be filed, and it shall address the following sections: The establishment of a Historic Preservation Board with powers and duties; the creation of a process to designate individual sites, districts, and archaeological zones; a process of review for issuing certificates of appropriateness and an appeal process. The City shall also submit the proposed ordinance to the National Register of Historic Places for certification by the National Register to be eligible for the 1981 Economic Recovery Tax Act as amended. Sec. 23-012. Purpose. (a) The purpose of this Chapter is to promote the health, safety, education, cultural and economic welfare of the public by preserving and protecting properties of historical, cultural, archaeological, aesthetic and architectural merit which serve as visual reminders of the City's cultural, social, economic, political, scientific, religious, and architectural history. Furthermore, it is the purpose of this Chapter to strengthen the economy of the City by stabilizing and improving property values in historic areas, combat urban decay through rehabilitation and revitalization, and to encourage quality new construction and developments that are harmonious with neighboring historic structures. (b) In addition, the provisions of this Chapter will assist the City and property owners to be eligible for Federal tax incentives, Federal and State grant funds and other potential property tax abatement programs for the purpose of furthering historic preservation activities, including but not limited to Florida Statute ~193.503 and the National Register Program. (C) It is also the purpose of this Chapter to foster civic pride in the accomplishments of the past, to protect and enhance the City's attraction to visitors, and to promote the use of individual sites and districts for the education, pleasure and welfare of the people of the City of Fort Pierce. Sec. 23-013. Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meaning subscribed to them in this section, except where the contexts clearly indicates a different meaning: Addition means a construction project physically connected to the exterior of a historic building. Alteration means any change effecting the exterior appearance of an existing improvement by additions, reconstruction, ~emodeling or maintenance involving change in color, form, texture or materials, or any such changes in appearance of specially designated interiors. Applicant means any individual or group who provides sufficient written information to the Department to ascertain that the property meets the minimum eligibility requirements for local historic designation. Archaeological Site means a single specific location which has yielded or is likely to yield information on local history or pre- history. Archaeological sites may be found within historic sites or historic districts. Archaeological Zone means a geographically defined area, designated pursuant to this Chapter, which may reasonably be expected to yield information on local history or pre- history based upon broad pre-historic or historic settlement patterns and including, but not limited to, items such as clothing, buckles, pottery and housewares. Board means the Historic Preservation Board as created in this Chapter. Building means a structure designed to stand permanently and intended for use, occupancy or ornamentation. Certificate of Appropriateness means a written document, issued pursuant to this Chapter, permitting specified alterations, demolition, new construction, or other work to a designated historic site or for a building within a designated historic district. Certificate to Dig A type of certificate of appropriateness that gives the Board's permission for certain excavation projects that may involve the discovery of as yet unknown or known archaeological sites in an archaeological zone. Certificate of Recognition means a certificate issued by the Board recognizing properties designated pursuant to this Chapter. Certified Local Government A government satisfying the requirements of the United States National Historic Preservation Act Amendments of 1980 (P.L. 96-515) and the implementing of regulations of the U.S. Department of the Interior and the State of Florida. A government which is certified will review all nominations to the National Register of Historic Places within its jurisdiction prior to reviews at the state and federal levels. Contributing Building, Site, or Structure is one that adds to the historic architectural qualities, historic associations, or archaeological values for which a property is significant because a) it was present during the period of significance, and possesses historic integrity reflecting its character at that time or is capable of yielding important information about the period, or b}it independently meets the National Register criteria. District A collection of archaeological sites, buildings, structures, landscape features or other improvements that are concentrated in the same area and have been designated as a district pursuant to this Chapter. Demolition means the act or process of wrecking, destroying or removing any building or structure. Department means the Planning and Department of the City of Fort Pierce. Development Designated Exterior means all outside surfaces of any improvement listed in the designation report as having significant value to the historic character of the building or district. Designation Report means a document prepared by the Department for all properties or districts which are proposed for local historic designation. The Designation Report includes the boundaries of the proposed historic property or district, a summary of its historic significance, and contains location maps and describes the physical characteristics of the property or district. Excavation means the removal of earth from its original position. Exterior means all outside surfaces of any building or structure. Fort Pierce Register of Historic Places means a listing of the properties within the City that have been designated as historic sites or districts by action of the City Commission. Historic Site means any culturally, historically, or architecturally significant property, building, structure, landscape feature, improvement, or archeological site that has been designated as a historic site pursuant to procedures described in this Chapter. Historic District means a geographically defined area 5 possessing a significant concentration, linkage or continuity of structures, improvements or landscape features united by historic events or aesthetically by plan or physical development, and which area has been designated as a Historic District pursuant to procedures described in this Chapter. Such District may have within its boundaries non-contributing buildings or other structures that, while not of such historic and/or architectural significance to be individually designated, nevertheless contribute to the overall visual character of the district. Historic Survey means the results of a systematic process of identifying significant buildings, sites and structures through visual inspection and research in the Florida Master Site File maintained by the Florida Department of State, Division of Historical Resources, Tatlahassee, Florida. Improvement means any building, structure, fence, gate, wall, walkway, driveway, park, light fixture, bench, fountain, sign, work of art, earth works, or other man-made objects constituting a physical improvement of real property, or any part of such improvement. Landscape Feature means any improvement or vegetation including, but not limited to, outbuildings, walls, courtyards, fences, shrubbery, trees, sidewalks, planters, plantings, gates, street furniture and exterior lighting. Multiple Property Nomination means a group of related significant properties which share common themes, and are organized by historic context and property types. National Register of Historic Places means a Federal listing maintained by the United States Department of the Interior of buildings, sites, structures, objects and districts which have obtained a quality of significance as determined by the Historic Preservation Act of 1966, as amended. Non-Contributing Building, Site or Structure is one that does not add to the historic architectural qualities, historic associations, or archaeological values for which a property is significant because a) it was not present during the period of significance, 6 b) due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity reflecting its character at that time or is incapable of yielding important information about the period, or c) it does not independently meet the National Register criteria. Ordinary Maintenance or Repair means any work for which a building permit is not required by law, where the purpose and effect of such work is to correct any physical deterioration or damage of an improvement or any part thereof by restoring it as nearly as practical, to /ts appearance prior to the occurrence of such deterioration or damage. Preservation the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property. Reconstruction means the act or process of depicting, by means of new construction the form, features, and detailing of a non-surviving site, landscape, building, structure or object for the purpose of replicating its appearance at a specific period of time and in its historic location. Rehabilitation means the act or process of -~naking possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. Relocation means the act of preserving a historic structure which cannot remain on its existing site by physically moving it to a new location. Restoration means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time, by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. Secretary of the Interior's Standards for the Treatment of Historic Buildings refers to The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Properties, as revised, which provides professional standards for preserving and protecting all cultural resources eligible for listing in the National Register of Historic Places. Structure means a combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water. Undue Economic Hardship means a financial burden that would amount to the taking of property without just compensation, or failure to achieve a reasonable economic return in the case of income producing properties. ARTICLE II - HISTORIC PRESERVATION OFFICER Sec. 23-014. Appointment, Duties of Officer The City Manager shall appoint a person to serve as Historic Preservation Officer to assist the Historic Preservation Board. The appointee shall be experienced with, and knowledgeable in, architectural history, urban design, local history, landscape materials, site planning and land use regulations. The Historic Preservation Officer shall: Schedule meetings of the Historic Preservation Board, prepare agendas for the Board meetings, and ensure that proper notice is given to the public for all regular and special Historic Preservation Board meetings and hearings. PrePare designation reports which establish and define the historic significance and character of the proposed designated historic sites and historic districts and all other items as described in Sec. 23-036, et seq., for designation reports under this Chapter, and make recommendations to the Board regarding designation status of those properties. Prepare National Register of Historic Places Nominations. o 10. 11. Provide advice, standards, guidelines and procedures for the designation of historic sites and historic districts, and to applicants for certificates of appropriateness. Upon receipt of a complete application for a certificate of appropriateness for a designated hissoric site and for properties within a historic district, review such application, which may include a field check of the site and referral to other departments or agencies as necessary to determine any adverse effect upon the public welfare, and make approval/denial recommendations to the Board. Maintain and update an official inventory and map delineating historic sites and photographs to document all officially designated historic sites and historic districts. Prepare summary reports of all decisions on applications for certificates of appropriateness for designated historic sites and historic districts including criteria and conditions for approval or denial. Review all final development plans for designated historic sites and historic districts, for compliance with terms and conditions of applicable certificates of appropriateness, prior to issuance of any building permit. Issue all certificates of recognition for newly designated historic sites, and issue all approved certificates of appropriateness for designated historic sites and for properties within historic districts. Work with other City departments, Public Agencies and Private Groups as required to provide a continuing effort to protect and preserve significant elements of the man-made and the natural environment through public education and encouragement of preservation policies. Serve as the Certified Local Government Coordinator between the Historic Preservation Board and the Florida Division of Historical 9 12. 13. Resources, Bureau of Historic Preservation. Promote the awareness of and its community benefits and to school children materials, guidebooks, brochures, educational lectures, historic preservation to the general public through promotional tours, informational tools, workshops, and presentations. Apply for preservation awards, grants, and actively participate in other preservation programs such as the Florida Historic Marker Program, administered by the Florida Division of Historical Resources, Bureau of Historic Preservation. Sec. 23-015-020. Reserved. ARTICLE III - HISTORIC PRESERVATION BOARD Sec. 23-021. Established. A Historic Preservation Board is hereby created and established in and for the City. The Board is hereby vested with the power, authority and jurisdiction to recommend designations, regulate and administer historical, cultural, archaeological and architectural resources in Fort Pierce, Florida, as prescribed by this Chapter under the direct jurisdiction and legislative control of the City Commission. Sec. 23-022. Composition, qualification of members. (a) The Historic Preservation Board shall consist of no fewer than seven (7) members appointed by the City Commission. To the extent available within the City, the Commission shall appoint professional members from the disciplines of architecture, history, architectural history, planning, archaeology, real estate, law, engineering, construction, or any other historic preservation related disciplines such as urban planning, American studies, American civilization, cultural geography and cultural anthropology. Alternatively, to the extent that 10 professional individuals in such disciplines are not available, there may instead be appointed lay individuals that have substantial experience, interest, or knowledge in the fields mentioned above. b) It is the intent of this section that members of the Board shall be appointed on the basis of civic pride, integrity, and interest in the field of Historic Preservation. Board members shall be persons of mature and ethical judgment and background, having the ability and desire to act in the public interest and having the ability to make and form an equitable decision concerning the preservation and protection of the cultural environment. (c) Each member of the Board shall be a resident of the City or operate a business in the City during the term of appointment and shall be appointed to a term of three (3) years. Members shall hold office until their successors have been duly appointed and qualified. (d) Special advisers may be appointed by the City Commission upon recommendation by the Historic Preservation Board. The Board may also seek expertise on proposals or matters requiring evaluation by a profession not represented on the Board. Sec. 23-023. Appointment procedure. Prior to the appointment of any Board member, the City shall publish a notice concerning the opening in a newspaper of general circulation in the City so as to solicit qualified and interested individuals. Vacancies shall be filled within sixty (60) days except that an extension of si~ty (60) additional days may be requested of the State Historic Preservation Office. Appointments will be made by the City Commission after recommendations have been made by the Historic Preservation Officer. Sec. 23-024. Terms. (a) The initial terms of three (3) of the first seven (7) appointees shall expire two years following appointment. The initial terms of the remaining 11 appointees shall be for a full, three (3) year term. Members shall be eligible for reappointment. Ail appointments after the board is first established shall be for a three year term. (b) Any member may be removed for cause by a majority vote of the City Commission. Appointments for replacement of any member due to death, resignation or removal shall be made by the City Commission for the un-expired term. Upon failure of a board member, without excuse, to attend three (3) consecutive meetings, the Commission may declare the membership vacant and shall arrange for a new appointment. Sec. 23-025. Organization. The members of the Historic Preservation Board shall elect members to serve as board chair and vice chair, for a period of one (1) year. The Board may also create and fill such other offices as it may deem desirable. Nothing shall prevent the board from naming a chair for successive terms. The Historic Preservation Officer or such Officer's representative shall serve as staff liaison to the Board with no vote. A Secretary may be present to record minutes, take roll, swear in speakers at public hearings, and shall also have no vote. Sec. (a) 23-026. Meetings, Records. Meetings. The Historic Preservation Board shall be required to hold regular meetings but may also hold special meetings as the board may determine, or at the call of the Chair or the Officer thereof, for consideration of business before the Board. The Board shall hold a minimum of four (4) regular meeting per year. All meetings of the Board shall be publicly announced and shall be open to the public. Meetings will have a previously advertised agenda. The time and place of the meetings, and the order of business and procedure to be followed at meetings, shall be as prescribed by the Board, and shall be available for public inspection. 12 (c) Voting. Ail Board decisions will be made in a public forum. A majority of the Board shall constitute a quorum and an affirmative vote equal to a majority of the full Board shall be necessary for the adoption of any motion thereof. No member of the Board shall vote on any matter that may'affect the property, income or business interests of that member. Any member who abstains from voting due to a conflict of interest shall not be considered as part of the total membership for that vote. Minutes. The Board shall keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determinations and decisions. Such records shall be filed in the office of the secretary of the Board and shall be open for public inspection. Sec. 23-027. Compensation. The members of the Historic Preservation Board shall serve without compensation. When necessary, persons serving on the Board may attend educational meetings or workshops to develop a special interest, expertise, experience or knowledge in preservation, architecture, or quasi-judicial boards. Board members may be reimbursed for these expenses, and for other expenses necessarily incurred in the performance of their duties, subject to the prior approval of .the City Manager. Sec. 23-028. Funding. The City Commission shall appropriate funds in the budget to the Historic Preservation Board for expenses necessary in the conduct of its work. The Historic Preservation Board may, in order to accomplish the purposes and activities required by this Chapter, recommend to the City Manager to expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants and other sources, provided acceptance of loans or grants shall be approved by the City Commission. 13 Sec. 23-029. Rules and Regulations. The Historic Preservation Board shall make and prescribe such rules and regulations as are reasonably necessary and appropriate for the proper conduct of business. No such rules and regulations shall become effective unless or until a public hearing has been held before the Board upon the proposed rules and regulations, and any amendments or modifications thereto, and the same has been approved by the City Commission and filed with the City Clerk. Upon approval by the City Commission, such rules and regulations shall have the force and effect of law within the City. The Historic Preservation Officer, with advise and consent of the board, shall devise forms for use by applicants in compliance with the provisions of this Chapter. Sec. 23-030. Functions, Powers and Duties. The Historic Preservation Board, in addition to such other' powers, duties and authority as may be set forth elsewhere in this code or in any other ordinance of the City, shall have the following powers and duties: Maintain and update files from any previous historic survey within the City for the purpose of identifying those sites, districts and zones of special historic, aesthetic, architectural, archaeological, cultural, or social value or interest. The Board shall endeavor to improve and expand the survey with additional sites, documentary information, oral histories, and other such materials as may become available; and to periodically re-evaluate the survey to determine whether changing times and values warrant recognition of new or different areas of significance. Recommend to the City Commission properties for designation as historic sites and historic districts, and monitor the administration and upkeep of the local register of historic sites and historic districts. As a Certified Local Government, participate in the National Register Program for properties do so go within its jurisdiction as directed by the Code of Federal Regulations, Title 36, Part 61, and provisions of this Chapter. Serve as a quasi-judicial instrument to approve or deny certificates of appropriateness pursuant to Article V of this Chapter. Recommend zoning and building code amendments, pursuant to Section 22-58(b). Recommend as appropriate that certain provisions of the zoning code be varied, waived, or superseded when appropriate as a means of encouraging historic preservation. Make recommendations to the City Commission concerning facade easements and the imposition of other restrictions, and the negotiations of historical property contracts for the purposes of historic preservation. Maintain a record of historically or archaeologically significant sites, districts or zones within the City. All inventory materials shall be compatible with the Florida Master Site File. Inventory materials shall be available to the public upon request, and copies of inventory materials shall be provided to the State Historic Preservation Office. Increase public awareness of the value of historic preservation by developing and participating in public information programs. Make recommendations to the City Commission concerning the utilization of grants from Federal and State agencies or private groups and individuals, and utilization of City funds to promote the preservation of archaeologically, historically and aesthetically significant sites, districts and zones. Evaluate and comment upon decisions of other public agencies affecting the physical development and appearance of archeologically, historically and aesthetically significant sites, districts and zones. 15 po So Contact public and private organizations and individuals and endeavor to arrange intervening agreements to ensure preservation of archaeologically, historically or aesthetically significant sites, districts and zones for which demolition or destruction is proposed. In the name of the City, and subject to and with the approval of the City Commission, apply for, solicit, receive or expend any federal, state, or private grant, gift or bequest of any funding, property or interest in property, in furtherance of the purposes of historic, archaeological, and cultural preservation. Approve historic markers and plaques and issue certificates of recognition to designated historic sites and historic districts within the City. Advise the City Commission on all matters related to the use, administration and maintenance of City-owned designated historic sites and historic districts. Consider the issuance of Design Guidelines for Historic Properties and Districts to be used in addition to the Secretary of the Interior's Standards of Rehabilitation. Recommend if and when appropriate to the Commission that the Commission consider adoption of an ordinance allowing ad valorem tax exemptions to historic properties, subject to requirements of this Chapter and Florida Statute ~196.1997. Recommend if and when appropriate to the Commission that the Commission consider adoption of an ordinance providing for the assessment of historic properties that are used for commercial or certain nonprofit purposes, as provided by Florida Statute ~193.503. Coordinate with the StaSe of Florida's Division of Historical Resources Certified Local Government program by satisfying the following 16 requirements: (1) The Division shall be given thirty (30) days prior notice of all meetings and within thirty (30) days following such meetings the Division shall be provided with the minutes and record of attendance of both the Board and the public. (2) The Division shall be notified of any change of Board members within thirty (30) days of their appointment. (3) Notify the State Historic Preservation Officer immediately of all new historic designations or alterations to existing designations. (4) Any amendments to the ordinance shall be submitted to the State Historic Preservation Officer for review and comment at least thirty (30) days prior to adoption. (5) The Division of Historical Resources shall be provided with an annual report by November 1 covering activities of the previous October 1 through September 30 and shall include the following information: (a) Any changes in the Board's Rules of Procedure; (b) Ail new National Register listings; (c) All new local historic designations and alterations to existing designations; (d) Any changes to Board memberships and a copy of their resumes; (e) Revised resumes of Board members as appropriate; (f) Any amendments to this Chapter; (g) A review of survey and inventory activity with a description of the 17 system used; (h) A program report on each assisted activity; and (i) Number of projects reviewed. grant- Sec. 23-031-035. Reserved. ARTICLE IV - DESIGNATION OF HISTORIC SITES Sec. 23-036. Criteria. (1) Consistent with the criteria established by the National Register of Historic Places, the Board shall recommend for designation places, buildings, structures, landscape features, archaeological sites and other improvements as individual sites, districts or archaeological zones that are significant in Fort Pierce's history, architecture, archaeology or culture and possess integrity of location, design, setting, materials, workmanship or association; and meets one (1) or more of the following criteria: (a) (Significant Event) Are associated with events that have made significant contributions to the pattern of history in the community, St. Lucie County, the State or the Nation; or (b} (Significant Person) Are associated with the lives of persons significant in our past; or (c) (Architectural Significance) Embodies the distinctive characteristics of an architectural type, period, style or method of construction; or the work of a prominent designer or builder; or contains elements of design, detail, materials, or craftsmanship of outstanding quality; or that represents a significant innovation or adaptation to the South Florida environment; or represents a distinguishable entity whose components may lack individual distinction; or (d) (Archaeological Significance) Have yielded, or are likely to yield information in history or 18 prehistory; or (e) Is listed Historic Places; or in the National Register of (f) (Aesthetic Significance) Is a part of or related to a landscape, park, environmental feature or other distinctive area, and should be developed or preserved according to a plan based upon a historic, cultural, or architectural motif; or because of its prominent or spacial location, contrast of siting, age, or scale is an easily identifiable visual feature of a neighborhood or the city and contributes to the distinctive quality of such neighborhood or the city. (2) For a Multiple Property Nomination, eligibility will be based on the establishment of historic contexts, or themes which describe the historical relationship of the properties. (3) Criteria Considerations. Ordinarily cemeteries, birth places, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures which have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties that have achieved significance within the past fifty (50) years shall not be considered eligible for the Fort Pierce Register of Historic Places. However, such properties will qualif~ if they are integral parts of districts which do meet the criteria or if they fall within the following categories: (a) a building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or {b} a birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with his or her productive life; or (c) a cemetery which derives its primary significance from graves of persons of transcendent importance, 19 from age, from distinctive design features, or from association with historic events; or (d) a reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and no other building or structure with the same association has survived; or (e) a property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or (f) a property achieving significance within the past fifty (50) years if it is of exceptional importance; or (g} a religious property deriving primary significance from architectural or artistic distinction or historical importance. Sec. 23-037. Procedure for Historic Designation. Properties which meet the criteria for local historic sites and local historic districts set forth in Section 22-157 shall be designated according to the following procedures: (1) Petition of the Owner. The owner(s) of any property in Fort Pierce may petition this Board for designation of their property as an individual site, district or archaeological zone by submitting a Preliminary Application for Historic Designation to the Historic Preservation Officer. Nothing in this subsection shall be deemed to restrict the power of the Board to initiate the designation process pursuant to this section. If the Board is initiating designation, the preliminary application may be submitted concurrently with the full application at the public hearing. (2) Directive of the Board. The Board shall either accept or deny the application. By accepting the. application the Board must set a date for a public hearing and shall direct staff to complete the designation report and notify the proper parties of the public hearing. 2O (3) Designation Reports. Prior to the designation of an individual site, a district, or an archaeological zone, an investigation and designation report must be prepared by the Historic Preservation Officer and filed with the Board. Ail reports must address the following: (a) Legal description of the property; (b) the historical, cultural, architectural or archaeological significance of the property or how the property fulfills the criteria for designation; (c) Boundaries for individual historic sites and a recommendation of boundaries for districts and archaeological zones. When a district is recommended, the report must identify those properties which are not historically or architecturally contributing to the district. District boundaries should be drawn to include properties which individually do not contribute to the historic character of the district, but which require regulation in order to control potentially adverse influences on the character and integrity of the district. The standards for regulating such non-contributing properties shall provide that a certificate of appropriateness shall be required for alterations and new construction on such properties. (d) Zoning Regulations. Every historic site and historic district designation report may include detailed zoning regulations made to be compatible with its designation. Such regulations may be designed to supplant or modify any element of existing zoning regulations, including but not limited to use, floor area, ratio, density, height, set-backs, parking, minimum lot size and transfer of development rights, or create any additional regulations provided for in this section. The zoning amendment may identify individual properties, improvements, landscape features, or sites or categories of properties, improvements, landscape features or sites for which different regulations, standards and procedures may be required. (e) Ail reports shall take into consideration current conditions of the property and how the owners have maintained the property. 21 (f) The report shall also contain a location map and photographs of all exterior surfaces (and interior if applicable). (g) Optional Designation of Interiors. Normally interior spaces shall not be subject to regulation under this section; however, in cases of existing structures having exceptional architectural, artistic or historical importance, interior spaces which are customarily open to the public may be specifically designated. The Designation Report shall describe precisely those features subject to review and shall set forth standards and guidelines for such regulations. (h) Designation reports shall also include a copy of any survey materials related to such property, the property appraiser's records of such property, and a copy of the Public Hearing newspaper advertisement. (i) Moratorium. Upon the filing of a designation report by the staff, the owner(s) of the real property which is the subject matter of the designation report or any individual or private or public entity shall not: Erect any structure on the subject property. 2. Alter, restore, renovate, move or demolish any structure on the subject property until such time as final administrative action, as provided by this Chapter is completed. (4) Notifications. a. Notification of owners. For each proposed designation of a historic site or historic district, the Board is responsible for mailing a copy of the designation report and a notice of public hearing to all property owners of record whose properties are located within the boundaries of the designation. This notice shall serve as notification of the intent of the Board to consider designation of the property at least fifteen (15) days prior to a public hearing held pursuant to this section. b. Notification of public hearing. For each historic 22 site and historic district proposed for designation, a public hearing shall be held within sixty (60) days from the date a designation report has been presented to the board. Such notice shall be given by publishing a copy thereof in a newspaper of general circulation in the city and the county at least ten (10) days prior to the hearing. Ail interested persons shall be given an opportunity to be heard at the public hearing on the proposed designation. c. Notification to Community Redevelopment Agency. Upon initial receipt of a proposal for designation, notification of such proposal shall be furnished to the Coramunity Redevelopment Agency in the event the proposal involves properties within the existing Conununity Redevelopment Area. The Community Redevelopment Agency may submit comments or make recommendations to the Historic Preservation Board concerning the designation of such property prior to the date of the public hearing. d. Notification shall also be given to the Building and Code Department, City of Fort Pierce. (5) Decision of the Board. Within seven (7) days of a public hearing on a proposed individual site or archaeological zone, the Board shall make a decision to approve, deny or amend the proposed designation and shall forward their recommendation to the City Commission for final approval. (6) For the designation of a district, or for the designation of individual sites that require a modification or variance in the zoning, the Board must first send its recommendations to the Planning and Zoning Board for their review. The Planning and Zoning Board shall then send their recommendations along with the Preservation Board's to the City Commission for final approval. (7) The City Coramission shall either approve, deny or approve with conditions the designation, and shall designate the property by resolution. The following parties shall be notified of its actions with a copy of the resolution: 1. The Building and Code Department; 23 2. The City Clerk, so that they may provide the resolution to the Circuit Clerk of the Courts Office for the purpose of recording such designation in the public record; 3. Owner(s) parties having an and of the affected property and other interest in the property, if known; 4. Appropriate County and State Officials for Certified Local Government requirements. (8) Amendment or rescission. The City Commission may amend or rescind'any designation provided it complies with the same manners and procedures used in the original designation. (9) Appeal of Designation. A party aggrieved by a designation decision may appeal such decision to the City Commission in the manner provided for in this Chapter. Sec. 23-038. Nominations to the National Register of Historic Places. As part of the duties under the certified local government program, the Historic Preservation Board shall receive all nominations of local property to the National Register of Historic Places following the regulations of the State Historic Preservation Office. (a) The Board shall give notice to the owner of the property at least thirty (30) days but not more than seventy-five (75) days prior to the Historic Preservation Board meeting at which the nomination will be considered. The Board shall also obtain a written opinion from the mayor and the chairman of the City Commission as to whether or not each property should be nominated to the National Register, and these recommendations shall be given to the Board within thirty (30) days. (b) The Board shall obtain comments from the public that shall be included in the report making a recommendation. Objections to being listed in the National Register by property owners must be notarized and filed with the Historic Preservation Office. 24 Within thirty (30) days after its meeting the Board shall forward to the State Historic Preservation Officer its action on the nomination and the recommendations of the local officials. Appropriate local officials, the owner and the applicant shall be notified of the Board's action. (c) The State Historic Preservation Officer will take further steps on the nomination in accordance with federal and state regulations. If either the Board or the local officials or both support the nomination, the State Historic Preservation Officer will schedule the nomination for consideration by the state review board for the National Register at its next regular meeting. If both the Board and the local officials recommend that a property not be nominated to the National Register, the State Historic Preservation Officer will take no further action on the nomination unless an appeal is filed with the State Historic Preservation Officer. Sec. 23-039-040. Reserved. ARTICLE V - CERTIFICATE OF APPROPRIATENESS Sec. 23-041. Required. No building, structure, improvement, landscape feature, or site within the City, which has been designated a historic site or historic district, shall be erected, altered, restored, rehabilitated, excavated, moved or demolished until an application for a certificate of appropriateness regarding any features, landscape features, or site improvements has been submitted and approved pursuant to the procedures in this Chapter. Features shall include, but not be limited to, the architectural style, scale, massing, siting, general design and general arrangement of the exterior of the building or structure, including the type, style and color of roofs, windows, doors and appurtenances. Architectural features shall include when applicable, interior spaces where interior designation has been given pursuant to this Chapter. Landscape features and site improvement~ shall include, but shall not be limited to, site re-grading, subsurface alterations, fill, paving, landscaping, 25 walls, fences, courtyards, signs and exterior lighting. No certificate of appropriateness shall be approved unless architectural plans for such construction, alterations, excavation, restoration, rehabilitation, relocation or demolition are approved by the Historic Preservation Board. Sec. 23-042. Forms and Fees. Applications for certificates of appropriateness must be made on forms approved and provided by the Historic Preservation Board and must be submitted with a $10 processing fee (payable to the City) to the Historic Preservation Officer. Sec. 23-043. Delegation of review authority. The Historic Preservation Board may delegate to the Historic Preservation Officer the authority to review and grant certificates of appropriateness without referral to the Board and without a public hearing in the case of certain applications which the Board shall determine in advance. Sec. 23-044. Pre-application Conference. Before submitting an application for a certificate of appropriateness, an applicant may confer, at such applicant's.election, with the Historic Preservation Officer to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and historic data. The purpose of such conference is to further discuss and clarify preservation objectives and design guidelines. In no case, however, shall any statement or representation made prior to completion of official application review be binding on the City. Sec. 23-045. Guidelines For Review and Issuance. The U.S. Secretary of the Interiors Standards for the Treatment of Historic Properties are hereby adopted as the standards by which applications for any 26 certificate of appropriateness are to be measured and evaluated. In adopting these guidelines, it is the intent of this Chapter to promote the proper maintenance, restoration, preservation, rehabilitation, or reconstruction appropriate to the property, and compatible contemporary designs which are harmonious with the exterior architectural and landscape features of neighboring buildings, sites and streetscapes. From time to time, the Board may adopt additional standards to preserve and protect special features unique to the City. Based on the Secretary of the Interior's Standards for the Treatment of Historic Properties, the designation report, a complete application, any additional plans, drawings, photographs, and samples of materials to fully describe the proposed project, the Historic Preservation Board may approve or deny the application for a certificate of appropriateness. Sec. 23-046. Time Limit and Decision of Board. The Historic Preservation Board shall act upon an application within sixty (60) days of receipt of a completed application, unless it is a certificate which may be issued by the Historic Preservation Officer, in which case the certificate may be issued within ten (10) days. The Board shall approve, approve in modified form, or deny an application. The Board may suspend action on the application for a period not to exceed thirty (30) days in order to seek technical advice from outside its members or to meet further with the applicant to revise or modify the application. The findings of the Board shall be mailed to the applicant within ten (10) days of the Board's decision accompanied by a statement in full regarding the Board's decision. In the event the Board denies any completed application the applicant may appeal the Board's decision to the City Commission in the manner provided for in this Chapter. Sec. 23-047. Records. The decision of the Historic Preservation Board shall be issued in writing. Evidence of approval of the application shall be the issuing of a certificate of appropriateness by the Board or the Board's designated staff to the applicant. Notice in writing 27 of the Board's decision shall be given to the applicant and the Director of the Department of Development. When an application is denied, the Board's notice shall provide an adequate written explanation of its decision. The Board shall keep a written record showing its action on each question considered. Sec. 23-048. Changes in approved work. Any change in work proposed subsequent to the issuance of a certificate of appropriateness shall be reviewed by the Board's staff. the proposed change historic character, accord with approved certificate that was If the Board's staff finds that does not materially affect the or the proposed change is in guidelines, standards, and the previously approved, staff may approve the change and amend the current certificate of appropriateness. If the proposed change is not in accordance with guidelines, standards, or the certificate of appropriateness previously approved by the Board, a new certificate of appropriateness shall be required. Sec. 23-049. Demolition. Review of any certificate of appropriateness for demolition shall be in accordance with criteria set forth in this Section. Denial of an application for demolition shall be evidenced by written order detailing the public interest which is sought to be preserved. (a) The Board may grant a certificate of appropriateness to demolish with a deferred effective date of up to eighteen (18) months from the date of the Board's decision at a public hearing. The effective date shall be determined by the Board based upon the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. During the demolition deferral period, the Board may take such steps as it deems necessary to preserve the structure in accordance with the purposes of this Chapter. Such steps may include, but shall not be limited to, consultation with civic groups, public agencies and 28 interested persons, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one or more structures or other features. After the specified expiration date of the deferred certificate of appropriateness a demolition permit shall be issued if requested by the applicant. (b) In connection with any certificate of appropriateness for demolition of buildings or improvements the Board may encourage the salvage and preservation of building materials or architectural details and ornaments, fixtures and the like for reuse in restoration of other historic properties. The Board may also require, at the owner's expense and prior to demolition, the recording of the building for archival purposes by photographs. (c) In addition to all other provisions of this Chapter, the Board shall consider the following criteria in evaluating applications for a certificate of appropriateness for demolition of designated sites or buildings within a designated historic district. (1) Is the structure of such interest or quality that it would reasonably meet national, State or local criteria for designation as a significant historic or architectural site or structure? (2) Is the structure of such design, craftsmanship or material that it could be re- produced only with great difficulty or expense? (3) Is the structure one of the last remaining examples of its kind in the City, County or region? (4) Does the structure contribute significantly to the historic character of a designated district? (5) Would retention of the structure promote the general welfare of the City by providing an opportunity for study of local history, architecture and design or by developing an understanding of the importance and value of a particular culture and heritage? 29 (d) (6) Are there definite plans for re-use of the property if the proposed demolition is carried out,_ and what will be the effect of those plans on the character of the surrounding area? Affirmative Maintenance. A property owner shall not permit a structure or a structure within a historic district to fall into a state of disrepair which may result in the deterioration of exterior appurtenance or architectural features so as to produce or tend to produce, in the judgment of the Historic Preservation Board, a detrimental effect upon the character of the district as a whole or the life and character of the structure in question. If the Historic Preservation Board finds a designated historic structure has been deliberately neglected, the Board may refer the property to the Department of Building and Code Enforcement for immediate attention and may be subject to code violation fines in addition to the penalties in accordance with Section 23-067 of this Chapter. Sec. 23-050. Moving Existing Structures. A designated structure or one w~ich is located in a historic district, may not be relocated except upon approval of a certificate of appropriateness. In considering such certificate the Board shall determine whether any reasonable alternative is available for preserving the improvement or structure on its original site and whether the proposed relocation site is compatible with the historic and architectural integrity of the improvement or structure. Sec. 23-051. Removal or Destruction of Existing Landscape Features. (a) No certificate of appropriateness shall be granted for removal, relocation, concealment or effective destruction by damage of any landscape features or sites especially designated as significant within the boundaries of a historic site or historic district unless one or more of the following conditions exist: (1) the designated landscape feature or site is 3O located in the buildable area or yard area where a structure may be placed and unreasonably restricts the permitted use of the property; (2) the designated vegetation is inappropriate in a historical context or otherwise detracts from the character of a district; (3) the designated vegetation is diseased, injured or in danger of falling and reasonably interferes with utility service, creates unsafe vision clearance or conflicts with other applicable laws and regulations. (b) As a condition for issuance of the certificate of appropriateness, the applicant may be required to relocate or replace designated vegetation. Sec. 23-052. Certificate to Dig. Within an archaeological zone, new construction, filling, digging, the removal of trees, or any other activity that may alter or reveal an interred archaeological site shall be prohibited without a type of certificate of appropriateness called a certificate to dig. All applications to the City involving new construction, large-scale digging, the removal of trees or any other activity that may reveal or disturb an interred archaeological site, in an archaeological zone shall require a certificate to dig before approval. The certificate to dig may be made subject to specified conditions, including but not limited to conditions regarding site excavation. In order to comply with this requirement, the City may require the applicant to conduct an archaeological excavation by an archaeologist approved by the City. The excavation shall take place during the time of the approval of the certificate to dig until the effective date thereof. The review and notification time limits for these certificates shall be the same as for a regular certificate of appropriateness. (a) Approved certificates to dig shall contain an effective date not to exceed sixty (60) days at which time the proposed activity may begin, unless the Board decides to designate the site in question as an individual site or district pursuant to this Chapter 31 in which all the rules and regulations pertaining to the designation process shall apply from the date the designation report has been filed. Sec. 23-053. Building Permits not to be issued. No building permit shall be issued by the Building Official which affects any designated property in the City of Fort Pierce without a certificate of appropriateness. Sec. 23-054. Compliance of work with certificate standards. Ail work performed pursuant to the issuance of any certificate of appropriateness shall conform to the requirements of the certificate. The City Manager or the Director of Building and Zoning shall designate an appropriate official to assist the Board by making necessary inspections in connection with enforcement of this Chapter and the inspector shall be empowered to issue a stop work order if performance is not in accordance with the issued certificate. No work shall proceed as long as a stop work order continues in effect. Copies of inspection reports shall be furnished to the Board and copies of any stop work orders shall be furnished to both the Board and the applicant. The Building Official and staff for the Board shall be responsible for ensuring that any work not in accordance with an issued certificate of appropriateness shall be corrected to comply with the certificate of appropriateness prior to withdrawing the stop work order. Sec. 23-055. Emergency, temporary measures. For the purpose of remedying emergency conditions determined to be dangerous to life, health or property, nothing contained herein shall prevent the making of any temporary construction, reconstruction or other repairs to a building or site, pursuant to an order of a government agency or a court of competent jurisdiction. The owner of a building damaged by fire or natural calamity shall be permitted to stabilize the building immediately without Board approval, and 32 to rehabilitate it later under the normal review procedures in this Chapter. Sec. 23-056. Power of Review. The Board shall have the authority to review applications for certificates of appropriateness for all property in the City of Fort Pierce, however owned, by either private or public parties. The purpose of this Chapter shall apply equally to plans, projects or work executed or assisted by any private party, governmental body or agency, department, authority or Board of the City, County, or State. Sec. 23-057-060. Reserved. ARTICLE VI - ADMINISTRATION AND ENFORCEMENT Sec. 23-061. Variances. The Historic Preservation Board shall have the power to waive, with or without conditions, the set-back, off-street parking, height, signage, density and floor-area-ratio requirements of the underlying zoning district of those properties designated by the City Commission as historic sites, either individual sites or buildings within districts, where it is deemed appropriate for the continued preservation of the historic site or historic district. The Board shall only grant such variances when an application for a certificate of appropriateness has been issued to promote preservation, rehabilitation or restoration. In carrying out this responsibility, the Historic Preservation Board must follow the same procedures specified for the Board of Adjustment in Article VIII of Chapter 22 of this Code of Ordinances. Sec. 23-062. Ordinary Maintenance and Repair. 33 Nothing in this Chapter shall be construed to prevent the ordinary maintenance or repair of any improvement which does not involve a change of design, material, appearance, any change in color, or to prevent ordinary maintenance of landscape features. Sec. 23-063. Enforcement of maintenance and repair provisions. Where the Historic Preservation Board or Board's staff determines that any improvement within a designated historic site or historic district is endangered by lack of maintenance and repair, or that other improvements in visual proximity to a historic site or historic district lack maintenance and repair to such an extent as to detract from the desirable character of the historic site or historic district, such determination shall be reported to the Department of Building and Code Enforcement. Sec. 23-064. Unsafe Structures. In the event the building official determines that any structure within a designated historic site or historic district is unsafe pursuant to the Southern Building Code, as adopted by the City, such official shall immediately notify the Historic Preservation Board with a copy of any findings. Where reasonably feasible within applicable laws and regulations the Department of Code Enforcement shall endeavor to encourage repair of the structure rather than its demolition and shall take into consideration any cormments and recommendations by the Board. The Board may take appropriate action to encourage preservation of any such structure. Sec. 23-065. Undue economic hardship. Undue economic hardship may only be considered after a property has been designated or after an application for approval to alter or demolish a structure has been denied by the Historic Preservation Board. In any instance where there is a claim of undue economic hardship, the owner may submit, by affidavit, to the Board within (10) days after the public hearing where an application was denied, the following information: (1) for all property: (a) the amount paid for the property, the date of purchase and the party from whom purchased; of the land and to the two (2) most two (b) the assessed value improvements thereon, according recent assessmenss; (c) real estate taxes for the previous two (2) years; (d) annual debt service, if any, for the previous (2) years; (e) all appraisals obtained within the previous two (2) years by the owner or applicant in connection with his purchase, financing or ownership of the property; (f) any listing of the property for sale or rent, priced asked and offers received, if any; (g) any consideration by the owner as to profitable adaptive uses for the property; (2) For income producing property: (a) annual gross income from the property for the previous two (2) years; (b) the assessed value of the land and improvements thereon, according to the two (2) most recent assessments; (c) annual cash flow, if any, for the previous two (2) years; and (d) Itemized operating and maintenance expenses for the previous two (2) years. (3) The Board may require that an applicant furnish such additional information that they believe to be relevant in the determination of undue economic 35 hardship and may provide, in appropriate instances, that such additional information be furnished under seal. Sec. 23-066. Appeals. W~thin twenty (20) days of the written decision of the Board, an aggrieved party may appeal the decision by filing a written notice of appeal and an appeal fee of twenty-five dollars ($25.00) with the City Clerk of the City of Fort Pierce. The notice of appeal sha~l state the decision which is being appealed, the grounds for the appeal, and a brief summary of the relief which is sought. Within sixty (60) days of the filing of the appeal or the first regular City Commission meeting which is scheduled, whichever is later in time, the City Commission shall conduct a public hearing at which time they may affirm, modify, or reverse the Board's decision. The decision of the City Commission shall constitute final administrative review, and no petition for rehearing or reconsideration shall be considered by the City. Nothing contained herein shall preclude the City Commission from seeking additional information prior to rendering a final decision. The decision of the City commission shall be in writing and a copy of the decision shall be forwarded to the Board and the appealing party. Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, a party aggrieved by a decision of the City commission may appeal an adverse decision to the Circuit Court in and for St. Lucie County, Florida. The party taking the appeal shall be required to pay to the City Clerk the sum of two hundred dollars ($200.00) to defray the cost of preparing the record on appeal. Sec. 23-067. Violations. Failure by an owner of record or any individual or private or public entity to comply with any provisions of this chapter shall constitute a violation hereof and shall be punishable by civil or criminal penalties including a fine of not more than one hundred dollars ($100) per day for each day the violation continues. 36 Any person who carries out or causes to be carried out any work in violation of this Chapter shall also be required to restore the subject improvement, landscape feature or site, either to its appearance prior to the violation or in accordance with a certificate of appropriateness approved by the Historic Preservation Board. Sec. 23-068. Incentives. Ail properties designated as individual sites or as designated properties within a district shall be eligible, upon application by the owner(s), for any available financial assistance set aside for historic preservation by the City of Fort Pierce contingent on the availability of funds and the scope of the project as described in the application. Sec. 23-069. Notification to Division of Pending Amendments. The Florida Department of State, Division of Historical Resources shall be provided with any proposed amendment of this Chapter for review and comment at least thirty (30) days prior to final adoption. SECTION 3: or any portion thereof, any paragraph, court of competent jurisdiction to be That should any section or provision of this Ordinance sentence or word be declared by a invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. SECTION 4: The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of the City of Fort Pierce, Florida. The Sections of this Ordinance may be renumbered or relettered to accomplish such; and the word "Ordinance" may be changed to "Section," 37 "Article" or other appropriate word. SECTION 5: Ail ordinances of the City of Fort Pierce in conflict with any provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 6: Upon adoption and final passage of this Ordinance a certified copy thereof shall be provided 5o the St. Lucie County Property Appraiser, in accordance with Florida Statute ~193.503(1). This Ordinance shall take effect immediately upon passage. 38