HISTORY

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" colspan=2 height=120 BGCOLOR="#0099CC" TEXT="#080000" bgproperties="fixed" background="0403f781ezuavc.gif"> <div> <FONT SIZE="5" COLOR="#FFFF66" FACE="Arial" ><B>VICTORIA PARK CIVIC ASSOCIATION</B></FONT>    <B> |     </B><FONT SIZE="1" COLOR="#FFFF33" FACE="Arial" ><A HREF="index.htm" TARGET="_top" TITLE="VICTORIA PARK CIVIC ASSOCIATION"><U><B>home</B></U></A></FONT></div> <div> <A HREF="news_and_events.htm" TARGET="_top" TITLE="NEWS EVENTS"><U><B>NEWS & EVENTS</B></U></A><B>   |   </B><A HREF="contactus.htm" TARGET="_top" TITLE="CONTACT US"><U><B>CONTACT US</B></U></A><B>   |   </B><A HREF="in_the_news.htm" TARGET="_top" TITLE="VP IN THE NEWS"><U><B>VP IN THE NEWS</B></U></A><B>   |   </B><B>HISTORY</B><B>   |   </B><A HREF="community_bulletin_board.htm" TARGET="_top" TITLE="COMMUNITY BULLETIN BOARD"><U><B>COMMUNITY BULLETIN BOARD</B></U></A><B>   |   </B><A 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TITLE="http://www.oldfortlauderdale.org/index.h"><U>Fort Lauderdale Historical Society</U></A></div> <div> <A HREF="id48_m.htm#excerpts_of_city_code_relating_to" TARGET="TRLX_Middle" TITLE="HISTORY"><U>Fort Lauderdale's Historic Preservation Code</U></A></div> <div> <A HREF="http://ci.fort-lauderdale.fl.us/documents/hpb/hpbagenda.htm" TARGET="_top" TITLE="http://ci.fort-lauderdale.fl.us/document"><U>Minutes of Fort Lauderdale's Historic Preservation Board</U></A></div> <div> <B>articles on the web:</B></div> <div> <A HREF="http://hometown.aol.com/liondog96/page18.html " TARGET="_top" TITLE="http://hometown.aol.com/liondog96/page18"><U>General Histoy of Fort Lauderdale</U></A></div> <div> <A HREF="http://www.graphicwitness.com/history/index.html" TARGET="_top" TITLE="http://www.graphicwitness.com/history/in"><U>History of Downtown Area</U></A></div> <div> <A HREF="http://www.lasolasboulevard.com/new/history.htm" TARGET="_top" TITLE="http://www.lasolasboulevard.com/new/hist"><U>History of Las Olas</U></A></div> <div> <A HREF="http://porteverglades.org/port-everglades-history.htm" TARGET="_top" TITLE="http://porteverglades.org/port-everglade"><U>History of Port Everglades</U></A></div> <bR> </td> <td valign="top" height=360 BGCOLOR="#CCFFFF" TEXT="#080000"> <div> <B>HISTORY</B></div> <div> Julia Tuttle recognized how special Victoria Park is.  At the turn of the last century, Henry Flagler wanted to drive his Florida East Coast Railway through our oak hammock on his way to Miami,  Mrs. Tuttle, a force of nature in her own right, denied Flagler a right of way through what would become Victoria Park, forced the train to curve west, and left our neighborhood to grow into a gem.  Ever since then........</div> <bR> <bR> <div> <B>If you'd like to share your old pictures of the neighborhood or memories of Victoria Park, send them to </B><A HREF="mailto:web@vpca.org" TARGET="_top" TITLE="mailto:web@vpca.org"><U><B>Bob </B></U></A><B>  at </B><A HREF="mailto:web@vpca.org" TARGET="_top" TITLE="mailto:web@vpca.org"><U><B>web@vpca.org</B></U></A></div> <bR> <bR> <div> <IMG SRC="images/071ab9b0.jpg" border=0 width="171" height="155" ALIGN="BOTTOM" HSPACE="0" VSPACE="0">  <IMG SRC="images/07203c80.jpg" border=0 width="259" height="200" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <bR> <bR> <div> <IMG SRC="images/064fa040.jpg" border=0 width="250" height="260" ALIGN="BOTTOM" HSPACE="0" VSPACE="0">  <IMG SRC="images/0652c450.jpg" border=0 width="300" height="325" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <bR> <bR> <bR> <bR> <div> <B> <A NAME="excerpts_of_city_code_relating_to"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>EXCERPTS OF CITY CODE RELATING TO HISTORIC PRESERVATION  </B></div> <div> <B>for full text of </B><A HREF="http://www.municode.com/resources/gateway.asp?pid=10787&sid=9" TARGET="_top" TITLE="http://www.municode.com/resources/gatewa"><U><B>City of Fort Lauderdale's Municipal Code</B></U></A></div> <div> (to view the following in larger type face, please adjust your browser, e.g., in Internet Explorer, click on View Menu, then Text Size...) </div> <bR> <div> <B>Sec. 47-24.11. Historic designation of landmarks, landmark site or buildings and certificate of appropriateness. </B></div> <div> A. Definitions. The following words when used in this Sec. 47-24.11 shall have the following meanings: </div> <div> 1. Adaptive reuse. Any act or process that converts a structure to a use other than that for which it was designed, e.g., changing a bank into a restaurant, such may be accomplished with a varying degree of alteration to a structure or may vary from extensive remodeling to a slight alteration or change in use. </div> <div> 2. Alteration. Any act or process that changes any exterior architectural appearance or feature of a designated property or certain designated interior features of designated landmarks. </div> <div> 3. Architecturally worthy. An architectural design which represents either a significant aspect of the history of the city, architectural history in general or a significant design of an architect of historical importance. </div> <div> 4. Board. The Fort Lauderdale Historic Preservation Board. </div> <div> 5. Certificate of appropriateness. A certificate issued by the historic preservation board indicating its approval of plans for alteration, construction, removal, or demolition of a landmark, landmark site or of a structure within a historic district. </div> <div> 6. Comprehensive plan. The city's comprehensive plan as adopted by the city pursuant to F.S. ch. 163, pt. II. </div> <div> 7. Decision or recommendation. When referring to the board, the executive action taken by the board on an application for a designation or a certificate of appropriateness regardless of whether that decision or recommendation is immediately reduced to writing. </div> <div> 8. Demolition. Any act that destroys in whole or in part a landmark, landmark site or a building or structure designated historic or if it exists in a designated historic district or exists on a landmark site. </div> <div> 9. Exterior architectural appearance. The architectural character and general composition of the exterior of a structure, including but not limited to the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs, and appurtenant elements. </div> <div> 10. Historic district. An area designated as a "historic district" by ordinance of the city commission and which may contain within definable geographic boundaries, one (1) or more landmarks and which may have within its boundaries other properties or structures that, while not of such historic significance, architectural significance, or both, to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district. </div> <div> 11. Historically worthy. To have a special historical interest or value because it represents one (1) or more periods of styles of architecture typical of the city or because it has value as a part of the development, heritage or cultural characteristics of the city. </div> <div> 12. Landmark. A property or structure designated as a "landmark" by resolution of the city commission, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration and preservation because of its historic significance, its architectural significance, or both, to the city. </div> <div> 13. Landmark site. The land on which a landmark and related buildings and structures are located and the land that provides the grounds, the premises or the setting for the landmark. A landmark site shall include the location of significant archeological features or of a historical event, and shall include all significant trees, landscaping and vegetation as determined by the board. </div> <div> B. Historic designation. </div> <div> 1. Applicant. For the purpose of this section, an applicant may be the property owner, any person residing in the city or any legal entity in the city, including the city. </div> <div> 2. Application. An application for an historic designation shall be made to the department which shall also include the following information: </div> <div> a. A written description of the architectural, historical, or archeological significance of the proposed landmark and landmark site, or buildings in the proposed historic district, and specifically addressing and documenting those items contained in this section; </div> <div> b. Date of construction of the structure(s) on the property, and the names of its current and all past owners and, if possible, their dates of ownership; </div> <div> c. Photographs of the property; </div> <div> d. Legal description as a landmark, landmark site, historic building or historic district; </div> <div> e. Applications for the designation of historic district shall contain a written description of the boundaries of the district. </div> <div> 3. Review process--Historic preservation board. </div> <div> a. An application for an historic designation shall be submitted to the historic preservation board for review. </div> <div> b. Within sixty (60) days of submission of a complete application, after notice given in accordance with Sec. 47-27.7, Notice Procedures for Public Hearings, the board shall hold a public hearing to consider the application and the record and recommendations forwarded by the department and shall hear public comment on the application. </div> <div> c. The board shall review the application and decide if it meets the criteria for designation as provided in this section. </div> <div> d. The board shall forward its record and recommendations to the city commission for consideration. </div> <div> e. The board may vote to defer its decision for an additional thirty (30) days based on a need for further information or other grounds relevant to making a proper decision. </div> <div> f. If the board recommends a designation, it shall explain how the proposed landmark or historic district qualifies for designation under the criteria contained in this section. This evaluation may include references to other buildings and areas in the city and shall identify the significant features of the proposed landmark, historic buildings or historic district. The board evaluation shall include a discussion on the relationship between the proposed designation and existing and future plans for the development of the city. </div> <div> 4. Review process--Planning and zoning board. If the application is for designation of an historic district, the application shall be forwarded to the planning and zoning board for review simultaneous with review by the historic board and the recommendation of the planning and zoning board shall be forwarded to the city commission for consideration. </div> <div> 5. Review process--City commission. </div> <div> a. Within ninety (90) days of the historic preservation board and planning and zoning board recommendation, where required, the department shall forward the board's recommendation to the city commission. The city commission shall hold a public hearing to consider the application and the record and recommendations of the planning and zoning board and historic preservation board, and shall hear public comment on the application. </div> <div> b. If the city commission determines that the proposed designation meets the criteria for designation as provided in this section, the city commission shall approve the designation as requested in the application or approve a designation with conditions necessary to ensure that the criteria will be met. If the city commission determines that the proposed designation does not meet the criteria for designation, the city commission shall deny the designation application. </div> <div> c. Approval of a designation for individual landmarks, specific interiors, landmark sites and buildings as historic shall be by resolution adopted by the city commission. </div> <div> d. Approval of a designation for an historic district shall be by adoption of an ordinance. </div> <div> 6. Criteria. The criteria for the designation of property as a landmark, landmark site or historic district shall be based on one (1) or more of the following criteria: </div> <div> a. Its value as a significant reminder of the cultural or archeological heritage of the city, state, or nation, </div> <div> b. Its location as a site of a significant local, state or national event, </div> <div> c. Its identification with a person or persons who significantly contributed to the development of the city, state, or nation, </div> <div> d. Its identification as the work of a master builder, designer, or architect whose individual work has influenced the development of the city, state, or nation, </div> <div> e. Its value as a building recognized for the quality of its architecture, and sufficient elements showing its architectural significance, </div> <div> f. Its distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials, </div> <div> g. Its character as a geographically definable area possessing a significant concentration, or continuity of sites, buildings, objects or structures united in past events or aesthetically by plan or physical development, or </div> <div> h. Its character as an established and geographically definable neighborhood, united in culture, architectural style or physical plan and development. </div> <div> 7. Approval. Each designation of a landmark shall automatically include the designation of the site upon which the landmark exists as a landmark site. The provisions of this section shall not relieve the property owner of the duty to comply with the zoning district regulations in which the designated property is located. If the designation is made, the supporting documents of the comprehensive plan shall be amended to contain the designation. The city clerk shall notify each applicant and property owner of the decisionrelating to his property within thirty (30) days of the city commission action, and shall arrange that the designation of a property as a landmark or as a part of a historic district be recorded in the public records of the county. </div> <div> 8. Successive applications. Upon denial of the application for designation, there shall be a twelve (12) month waiting period before any applicant may resubmit the proposal. An applicant shall be required to submit new evidence in his application, unless the application is accepted pursuant to this section. </div> <div> 9. Amendments and rescissions. The designation of any landmark and landmark site, historic building or historic district may be amended or rescinded through the same procedure utilized for the original designation. </div> <div> 10. Appeal. Appeal of a denial of an application for designation by the city commission shall be by writ of certiorari to the circuit court. </div> <div> C. Certificate of appropriateness. </div> <div> 1. When permit is required. </div> <div> a. No person may undertake any of the following actions affecting a designated landmark, a designated landmark site, or a property in a designated historic district without first obtaining a certificate of appropriateness from the historic preservation board: </div> <div> i. Alteration of an archeological site, or </div> <div> ii. New construction, or </div> <div> iii. Demolition, or </div> <div> iv. Relocation. </div> <div> v. Alteration of the exterior part of a building or a structure or designated interior or portion thereof of a building or structure; however, ordinary repairs and maintenance that are otherwise permitted by law may be undertaken without a certificate of appropriateness, provided this work on a designated landmark, a designated landmark site, or a property in a designated historic district does not alter the exterior appearance of the building, structure or archeological site, or alter elements significant toits architectural or historic integrity. </div> <div> vi. When located within a designated historic district, uses of land such as those including but not limited to, furniture placed outdoors, pushcarts, mobile or non-mobile vending machines and trolley cars placed on private property. </div> <div> b. Whenever any alteration, new construction, demolition or relocation is undertaken on a property in a designated historic district without a certificate of appropriateness, the building official shall issue a stop work order. </div> <div> c. Review of new construction and alterations to designated buildings and structures shall be limited to exterior features of the structure, except for designated interior portions. Whenever any alteration, new construction, demolition or relocation is undertaken on a designated landmark, a designated landmark site, or buildings or structures within a district without a certificate of appropriateness, the building director shall issue a stop work order. </div> <div> d. A certificate of appropriateness shall be a prerequisite and in addition to any other permits required by law. The issuance of a certificate of appropriateness by the board shall not relieve the property owner of the duty to comply with other state and local laws and regulations. </div> <div> 2. Applicant. An owner of property historically designated who wishes to carry out the activities described in subsection C.1.a. </div> <div> 3. Alterations, new construction or relocation. </div> <div> a. Application for alterations, new construction or relocation. An application for a certificate of appropriateness for alterations, new construction or relocation shall be made to the department and shall include the following information, in addition to the general application requirements described in Sec. 47-24.1: </div> <div> i. Drawings, or plans or specifications of sufficient detail to show the proposed exterior alterations, additions, changes or new construction as are reasonably required for decisions to be made by the historic preservation board and the department. Such drawings, plans or specifications shall include exterior elevations, architectural design of buildings and structures, including proposed materials, textures and colors, including all improvements such as walls, walks, terraces, plantings, accessory buildings,signs and lights and other appurtenant elements. </div> <div> ii. Applications for relocation must also comply with Chapter 9, Article IV, House Moving, of Volume I of the Code. </div> <div> b. Review process for alterations, new construction or relocation. </div> <div> i. An application shall be submitted to the historic preservation board for review to consider if the application meets the criteria for a certificate of appropriateness for alteration, new construction or relocation. </div> <div> ii. The department shall forward its recommendations to the historic preservation board for consideration. </div> <div> iii. Within forty-five (45) days of submission of a complete application, the historic preservation board shall hold a public hearing to consider the application and the record and recommendations forwarded by the department and shall hear public comment on the application. </div> <div> iv. If the board determines that the application meets the criteria for a certificate of appropriateness as provided in this section, the board shall approve the certificate subject to such conditions necessary to ensure compliance with the criteria. </div> <div> v. If the board determines that the application for certificate of appropriateness does not meet the criteria the board shall deny the certificate and an appeal may be filed in accordance with Section 47-26B, Appeals. </div> <div> vi. The board shall render its decision within sixty (60) days after the public hearing. If the board fails to make a decision upon an application within the specified time period, the application shall be deemed approved. </div> <div> c. Criteria. </div> <div> i. General. In approving or denying applications for certificates of appropriateness for alterations, new construction, demolition or relocation, the historic preservation board shall use the following general criteria and additional guidelines for alterations, new construction, relocations and demolitions as provided in subsections C.3.c.ii, iii, and iv, and C.4: </div> <div> a) The effect of the proposed work on the landmark or the property upon which such work is to be done; </div> <div> b) The relationship between such work and other structures on the landmark site or other property in the historic district; </div> <div> c) The extent to which the historic, architectural, or archeological significance, architectural style, design, arrangement, texture, materials and color of the landmark or the property will be affected; </div> <div> d) Whether the denial of a certificate of appropriateness would deprive the property owner of all reasonable beneficial use of his property; </div> <div> e) Whether the plans may be reasonably carried out by the applicant; </div> <div> f) Whether the plans comply with the "United States Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings." </div> <div> ii. Additional guidelines; alterations. In approving or denying applications for certificates of appropriateness for alterations, the board shall also consider whether and the extent to which the following additional guidelines, which are based on the United States Secretary of the Interior's Standards for Rehabilitation, will be met: </div> <div> a) Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose; </div> <div> b) The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible; </div> <div> c) All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged; </div> <div> d) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected; </div> <div> e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site, shall be treated with sensitivity; </div> <div> f) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability or different architectural elements from other buildings or structures; </div> <div> g) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken; and </div> <div> h) Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project. </div> <div> iii. Additional guidelines; new construction. Review of new construction and alterations to designated buildings and structures shall be limited to exterior features of the structure, except for designated interior portions. In approving or denying applications for certificates of appropriateness for new construction, the board shall also use the following additional guidelines. Where new construction is required to be visually related to or compatible with adjacent buildings, adjacent buildings shall mean buildings which exhibit the character and features of designated or identified historic structures on the site or in the designated historic district where the site is located. </div> <div> a) The height of the proposed building shall be visually compatible with adjacent buildings. </div> <div> b) The relationship of the width of the building to the height of the front elevation shall be visually compatible to buildings and places to which it is visually related. </div> <div> c) The relationship of the width of the windows to height of windows in a building shall be visually compatible with buildings and places to which the building is visually related. </div> <div> d) The relationship of solids to voids in the front facade of a building shall be visually compatible with buildings and places to which it is visually related. </div> <div> e) The relationship of a building to open space between it and adjoining buildings shall be visually compatible to the buildings and places to which it is visually related. </div> <div> f) The relationship of the materials, texture and color of the facade of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related. </div> <div> g) The roof and shape of a building shall be visually compatible with the buildings to which it is visually related. </div> <div> h) Appurtenances of a building such as walls, wrought iron, fences, evergreen, landscape masses and, building facades, shall, if necessary, form cohesive walls of enclosures along a street, to insure visual compatibility of the building to the buildings and places to which it is visually related. </div> <div> i) The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related. </div> <div> j) A building shall be visually compatible with the buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character. </div> <div> iv. Additional guidelines; relocation. When an applicant seeks a certificate of appropriateness for the relocation of a landmark, a building or structure on a landmark site, or a building or structure in a historic district, or wishes to relocate a building or structure to a landmark site or to a property in a historic district, the board shall also consider the following: </div> <div> a) The contribution the building or structure makes to its present setting; </div> <div> b) Whether there are definite plans for the site to be vacated; </div> <div> c) Whether the building or structure can be moved without significant damage to its physical integrity; and </div> <div> d) The compatibility of the building or structure to its proposed site and adjacent properties. </div> <div> 4. Demolition. </div> <div> a. Application for demolition. An application for a certificate of appropriateness for demolition shall be made to the department on forms provided by the department. In addition to the requirements provided in subsection C.3 the application shall include the following information and documents: </div> <div> i. Owner of record; </div> <div> ii. Site plan showing all buildings and structures on the property; </div> <div> iii. Recent photographs of the structure(s) proposed for demolition; </div> <div> iv. Reasons for the demolition; </div> <div> v. Method of demolition; and </div> <div> vi. Proposed future uses of the site and of the materials from the demolished structures. </div> <div> b. Review process--Demolition. </div> <div> i. An application shall be submitted to the historic preservation board for review in accordance with criteria provided in subsection C.4.c. </div> <div> ii. The board shall within thirty (30) days of submission of a complete application, after notice given as provided in Section 47-27, Notice Procedures for Public Hearings, hold a public hearing to consider the application and the record and recommendations forwarded by the department and shall hear public comment on the application. </div> <div> iii. If the board determines that the application meets the criteria for a certificate of appropriateness for demolition, the board shall approve the certificate or approve the certificate subject to such conditions necessary to ensure compliance with the criteria. </div> <div> iv. If the board determines that the application for demolition does not meet the criteria. The board shall deny the certificate and an appeal may be filed in accordance with Section 47-26B, Appeals. </div> <div> v. The board shall render its decision within twenty (20) days after the public hearing. This period may be extended, and its length established, by mutual consent of the board and applicant. </div> <div> c. Criteria--Demolition. </div> <div> i. The designated landmark, landmark site or property within the historic district no longer contributes to a historic district; or </div> <div> ii. The property or building no longer has significance as a historic architectural or archeological landmark; or </div> <div> iii. The demolition or redevelopment project is of major benefit to a historic district. </div> <div> 5. Economic hardship. </div> <div> a. Application--Economic hardship. If the board denies an application for demolition of a structure(s), the applicant may within thirty (30) days apply to the board for an economic hardship exception. An application for economic hardship exception shall include the following information and documents: </div> <div> i. Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased; </div> <div> ii. Assessed value of the land and improvements thereon according to the most recent assessment; </div> <div> iii. For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record; </div> <div> iv. All appraisals obtained by the owner in connection with the purchase or financing of the property or during his ownership of the property; </div> <div> v. Bona fide offers of the property for sale or rent, price asked, and offers received, if any; and </div> <div> vi. Any consideration by the owner as to profitable, adaptive uses for the property. </div> <div> b. Review process--Economic hardship. </div> <div> i. The application shall be submitted to the department for consideration, which shall be reviewed in accordance with the criteria for an economic hardship provided in subsection C.5.c. </div> <div> ii. Within thirty (30) days of submission of a complete application, after notice given as provided in Sec. 47-27.8, Notice Procedures for Public Hearings, the board shall hold a public hearing to consider the application and the record and recommendations forwarded by the department and shall hear public comment on the application. </div> <div> iii. If the board determines that the application meets the criteria for an economic hardship as provided in subsection C.5.c, the board shall approve the certificate or approve the certificate with such conditions necessary to ensure compliance with the criteria. </div> <div> iv. If the board determines that the application for economic hardship does not meet the criteria, the board shall deny the certificate and an appeal may be filed in accordance with Section 47-26B, Appeals. The board shall render its decision within ninety (90) days after the public hearing. </div> <div> c. Criteria--Economic hardship. In approving or denying applications for economic hardship exception, the board shall consider the following general criteria: </div> <div> i. The denial of a certificate of appropriateness to demolish the structure(s) will result in the loss of all reasonable and beneficial use of or return from the property, or </div> <div> ii. Even though the designated landmark, designated landmark site, or property within the designated historic district has reasonable beneficial use, the property no longer contributes to a historic district, or no longer has significance as a historic architectural or archeological landmark or the demolition or the redevelopment project is of major benefit to a historic district. </div> <div> 6. Effective date. The decision of the board pertaining to a certificate of appropriateness shall not take effect nor shall a building permit be issued until thirty (30) days after approval, and then only if no motion is adopted by the city commission seeking to review the application or no appeal of the historic preservation board decision is filed by the applicant as provided in Section 47-26B, Appeals. The action of the historic preservation board shall be final and effective after the expiration of the thirty (30) days period with no action taken by the city commission. </div> <div> 7. Emergency conditions; designated properties. In any case where it is determined that there are emergency conditions dangerous to life, health or property affecting a landmark, a landmark site, or a property in a historic district, an order to remedy these conditions without the approval of the board or issuance of a required certificate of appropriateness may be issued, provided that the chairman of the board has been notified. </div> <div> 8. Emergency actions; nondesignated properties. The city commission may call an emergency meeting to review a threat to a property that has not yet been designated by the city, but appears to be eligible for designation. The city commission may direct the person with authority to issue building permits in the city to issue a stop work order for a thirty (30) day period in order to provide time to negotiate with the property owner to remove the threat to the property. The board shall then seek alternatives that will remove the threat to the property. During the thirty (30) day period, the city commission may initiate steps to designate the property under the provisions of this Sec. 47-24.11. </div> <div> 9. Conformity with the certificate of appropriateness. </div> <div> a. Conformity with requirements. All work performed pursuant to a certificate of appropriateness shall conform to all provisions of such certificate. It shall be the responsibility of the person with authority to issue building permits in the city to inspect from time to time any work being performed, to assure such compliance. In the event work is being performed not in accordance with such certificate, the building official is authorized to issue a stop work order. No additional work shall be undertaken as long as such stop work order shall continue in effect. </div> <div> b. Maintenance and repair requirements. </div> <div> i. Every owner of a landmark, a landmark site, historic building, or a property in a historic district shall keep in good repair: </div> <div> a) All of the exterior portions of such buildings or structures; </div> <div> b) All interior portions thereof which, if not so maintained, may cause such buildings or structures to deteriorate or to become damaged or otherwise to fall into a state of disrepair; and </div> <div> c) In addition, where the landmark is an archeological site, the owner shall be required to maintain his property in such a manner so as not to adversely affect the archeological integrity of the site. </div> <div> ii. The board may refer violations of this section for enforcement proceedings on any building or structure designated under this Sec. 47-24.11 in order to preserve such building or structure in accordance with the purposes of this Sec. 47-24.11. </div> <div> iii. The provisions of this section shall be in addition to the provisions of the building code requiring buildings and structures to be kept in good repair. </div> <div> c. Penalty. Any person or persons, owner or owner's agent, or member or employee of any firm, company or corporation who shall violate or permit to be violated, or cause to be violated any provision of this Sec. 47-24.11 shall, upon conviction, be punished as provided in Section 47-34, Enforcement, Violation and Penalties. Each day the violation is continued shall constitute a separate offense. </div> <div> d. Injunctive relief. In addition to any other remedies provided in this Sec. 47-24.11, the city may seek injunctive relief in the appropriate court to enforce the provisions of the ULDR. </div> <div> D. City historic property tax exemption code. </div> <div> 1. Definitions. </div> <div> a. For purposes of subsections D.1 through D.7, the following terms shall have the meanings indicated below: </div> <div> i. Ad valorem tax means a tax based upon the assessed value of property. </div> <div> ii. Assessed value of property means an annual determination of the just or fair market value of an item or property or, if a property is assessed solely on the basis of character or use or at a specified percentage of its value, pursuant to Section 4(a) or 4(b), Article VII of the State Constitution, its classified use value or fractional value. </div> <div> iii. Commission or city commission means the city commissioners of the City of Fort Lauderdale. </div> <div> iv. City means the City of Fort Lauderdale, Florida. </div> <div> v. Property appraiser means the Broward County Property Appraiser, a county officer charged with determining the value of all property within the county, with maintaining certain records connected therewith, and with determining the tax on taxable property after taxes have been levied. </div> <div> b. The following words and phrases shall have the same meaning as specified in the rules of the Department of State, Division of Historical Resources, F.A.C. ch. 1A-38, as may be amended from time to time: </div> <div> i. Contributing property means a building, site, structure, or object which adds to the historical architectural qualities, historic associations, or archaeological values for which a district is significant because: </div> <div> a) It was present during the period of significance of the district and possesses historic integrity reflecting its character at that time; </div> <div> b) Is capable of yielding important information about the period; or </div> <div> c) It independently meets the National Register of Historic Places criteria for evaluation set forth in 36 CFR Part 60.4, incorporated by reference. </div> <div> ii. Division means the Division of Historical Resources of the Department of State. </div> <div> iii. Historic property means a building site, structure, or object which is means: </div> <div> a) Individually listed in the National Register of Historic Places; </div> <div> b) A contributing property in a National Register listed historic district; </div> <div> c) Designated as a historic property or landmark; or </div> <div> d) A contributing property in a historic district. </div> <div> iv. Improvements means changes in the condition of real property brought about by the expenditure of labor or money for the restoration, renovation, or rehabilitation of such property. Improvements include additions and accessory structures (i.e., a garage) necessary for efficient contemporary use. </div> <div> v. Historic preservation board means the city created and appointed board as set out in Section 47-32, Historic Preservation Board, which shall be certified by the Division of Historical Resources, Florida Department of State, as qualified to review applications for property tax exemptions pursuant to F.S. §§ 196.1997 and 196.1998. </div> <div> vi. National Register of Historic Places means the list of historic properties significant in American history, architecture, archaeology, engineering, and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966 (Public Law 89-665; 80 STAT. 915; 16 U.S.C. 470), as amended. </div> <div> vii. Preservation exemption covenant or covenant means the Historic Preservation Property Tax Exemption Covenant, in substantially similar form to the Florida DOS Form No. HR3E111292, indicating that the owner agrees to maintain and repair the property so as to preserve the architectural, historical, or archaeological integrity of the property during the exemption period. </div> <div> viii. Renovation or rehabilitation means the act or process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, cultural, and archaeological values. For historic properties or portions thereof which are of archaeological significance or are severely deteriorated, "renovation" or "rehabilitation" means the act or process of applying measures designed tosustain and protect the existing form and integrity of a property, or reestablish the stability of an unsafe or deteriorated property while maintaining the essential form of the property as it presently exists. </div> <div> ix. Restoration means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work. </div> <div> x. Useable space means that portion of the space within a building which is available for assignment or rental to an occupant, including every type of space available for use of the occupant. </div> <div> 2. Exemption from ad valorem taxes--General. </div> <div> a. Exemption for improvements to historic property (per F.S. § 196.1997). The city commission may authorize an ad valorem tax exemption of one hundred percent (100%) of the assessed value of all improvements to historic properties which result from the restoration, renovation, or rehabilitation of such properties. </div> <div> b. Exemption for historic properties open to the public (per F.S. § 196.1998). If an improvement qualifies a historic property for an exemption, as set out herein, and the property is used for nonprofit or governmental purposes and is regularly and frequently open for the public's visitation, use, and benefit, the city commission may authorize the exemption from ad valorem taxation of one hundred percent (100%) of the assessed value of the property, as improved, if all other provisions herein are complied with; provided, however, that the assessed value of the improvement must be equal to at least fifty percent (50%) of the total assessed value of the property as improved. The exemption applies only to real property to which improvements are made by or for the use of the existing owner. </div> <div> c. Application for review. This exemption shall only apply to improvements to real property that are made on or after the day that this Sec. 47-24.11 authorizing ad valorem tax exemption for historic properties is adopted. Such exemption shall apply only to taxes levied by the city, and does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to Sections 9(b) or 12, Article VII of the State Constitution. </div> <div> d. Duration of exemption. Any exemption granted shall remain in effect for up to ten (10) years with respect to any particular property, regardless of any change in the authority of the city to grant such exemptions or any change in ownership of the property. However, for purposes of the exemption under F.S. § 196.1998, a property shall be removed from eligibility for the exemption if the property no longer qualifies as historic property open to the public in accordance with the requirements herein. </div> <div> In order to retain the exemption, the historic character of the property, and the improvements which qualified the property for exemption, must be maintained over the period for which the exemption is granted. Such exemption shall take effect on January 1 following substantial completion of the improvement. </div> <div> 3. Designation of type and location of historic property qualified for exemption. </div> <div> a. Type--General. Property is qualified for an exemption if: </div> <div> i. At the time the exemption is granted, the property: </div> <div> a) Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or </div> <div> b) Is a contributing property to a national register-listed district; or </div> <div> c) Is designated as a historic property, as defined herein, landmark or landmark site, as defined herein, or is a contributing property located within a historic district. </div> <div> ii. In order for an improvement to a historic property to qualify the property for an exemption, the improvement must: </div> <div> a) Be consistent with the United States Secretary of Interior's Standards for Rehabilitation; or </div> <div> b) Be determined by the historic preservation board to meet criteria established in the rules adopted by the department of state. </div> <div> b. Type--Property open to the public. For purposes of the exemption under F.S. § 196.1998, a property is being used for "government or non-profit purposes" if the occupant or user of at least sixty-five percent (65%) of the useable space of a historic building or of the upland component of an archaeological site is an agency of the federal, state, or local government, or a non-profit corporation whose articles of incorporation have been filed by the department of state in accordance with F.S. § 617.0125. Additionally, a property is considered"regularly and frequently open to the public" if public access to the property is provided not less than fifty-two (52) days a year on an equitably spaced basis, and at other times by appointment. </div> <div> c. Location. Property is qualified for an exemption only if it is located within the jurisdictional boundaries of the city. </div> <div> 4. Designation of a local historic preservation office. </div> <div> a. The department is hereby designated as the coordinating office for application and covenant submittals, receipt, and processing for city commission review of recommendations made by the city's historic preservation board, and shall in addition perform any and all administrative functions which may be deemed necessary to accomplish the purpose herein set forth. </div> <div> 5. Application process. </div> <div> a. Applicant. The applicant shall be the owner of a qualifying property or the authorized agent of the owner. </div> <div> b. Application form. Application for the property tax exemption shall be made on the two-part Historic Preservation Tax Exemption Application Form as prescribed by the Division of Historical Resources, Florida Department of State. Part 1, the Preconstruction Application, shall be submitted before improvements are initiated. Part 2, the Request for Review of Completed Work, shall be submitted upon completion of the improvements. The application fee for Part 1 shall be fifty dollars ($50.00). This fee shall be applied to the building permit fee when a building permit is obtained for the improvement. There shall be no application fee for Part 2. </div> <div> c. Part 1--Preconstruction application. Any person, firm, or corporation that desires an ad valorem tax exemption for the improvement of a historic property must, in the year the exemption is desired to take effect, submit to the department a written preconstruction application describing the proposed work and receive preliminary approval prior to the start of construction. The form shall include the following information: </div> <div> i. The name of the property owner and the location of the historic property. </div> <div> ii. A description of the improvements to the real property for which an exemption is requested and the date of commencement of construction of such improvements. </div> <div> iii. Documentation supporting that the property that is to be rehabilitated or renovated is a historic property as defined herein. </div> <div> iv. Documentation supporting that the improvements to the property will be consistent with the United States Secretary of Interior's Standards for Rehabilitation and will be made in accordance with guidelines developed by Division. </div> <div> v. Any other information deemed necessary by the city or the historic preservation board. </div> <div> d. Part 2--Request for review of completed work. A request for review of completed work application shall be submitted through the department to the historic preservation board upon completion of the improvements. The form of said application shall be prescribed by the board and include all information referenced in subsection D.5.c. In addition, no request for review of completed work shall be reviewed by the historic preservation board unless accompanied by a covenant executed by the property owner. </div> <div> 6. Method of application review. </div> <div> a. Review. The city's historic preservation board shall recommend that the city commission grant or deny the exemption. Such reviews must be conducted in accordance with the rules adopted by the department of state. The recommendation, and the reasons therefor, must be provided to the applicant and the city commission before consideration of the application at a meeting of the city commission. The historic preservation board and the city commission shall first approve Part 1 of the application and then Part 2. The exemption shall not be final until Part 2 has been reviewed and approved by the city commission. </div> <div> b. Delivery of application to the property appraiser. The city shall deliver a copy of each application for a historic preservation ad valorem tax exemption to the property appraiser. Upon certification of the assessment roll, or recertification, if applicable, pursuant to F.S. § 193.122, for each fiscal year during which this tax exemption provision is in effect, the property appraiser shall report the following information to the city commission: </div> <div> i. The total taxable value of all property within the city for the current fiscal year. </div> <div> ii. The total exempted value of all property in the city which has been approved to receive historic preservation ad valorem tax exemption for the current fiscal year. </div> <div> c. Approval by city commission. A majority vote of the city commission shall be required to approve a written application for exemption. The city commission shall, by resolution, approve the Part 2 written application for final exemption. In addition, the following information shall be included in the resolution: </div> <div> i. The name of the owner and the address of the historic property for which the exemption is granted. </div> <div> ii. The period of time for which the exemption will remain in effect and the expiration date of the exemption. </div> <div> iii. A finding that the historic property meets the requirements herein. </div> <div> 7. Covenant with applicant. </div> <div> a. Term of preservation exemption covenant. To qualify for an exemption, the property owner must enter into a preservation exemption covenant ("covenant") with the city for the term for which the exemption is granted. Such covenant must be executed before a final application for exemption can be approved by the city commission. </div> <div> b. Form of covenant. The form of covenant shall be established by the division and shall require that the character of the property, and the qualifying improvements to the property, be maintained during the period that the exemption is granted. The covenant shall be binding on the current property owner, transferees, and their heirs, successors, or assigns. The city manager, or designee, is hereby authorized to execute such covenant with each applicant on behalf of the city. </div> <div> c. Violations of covenant. Any violations of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of taxes which would have been due in March in each of the previous years in which the covenant was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in F.S. § 212.12(3). </div> <div> (Ord. No. C-97-19, § 1(47-24.11), 6-18-97; Ord. No. C-99-14, § 13, 3-16-99)</div> <bR> <bR> <div> SECTION 47-26B. APPEALS <A NAME="toc_1_1"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A> </div> <div> <B> <A NAME="0_0_0_3614"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Sec. 47-26B.1. Procedure. </B></div> <div> A. Appeal. If an application for a development permit is denied or is approved with conditions unacceptable to the applicant by the department, DRC or planning and zoning board and the ULDR provides for an appeal as provided in Table 1 of Section 47-24, Development Permits and Procedures, the applicant may, within thirty (30) days of the decision, appeal to the body provided in the ULDR for review of the decision. The appeal shall be made by letter to the city clerk and a copy filed with the department. If the department, DRC, historic preservation board or planning and zoning board denies an application for development permit filed by the city, which denial may be appealed under the ULDR such denial shall act as a recommendation and the application shall automatically be placed on the agenda of the reviewing body to which an appeal may be made and will be considered in a de novo proceeding. </div> <div> 1. Appeal of planning and zoning board or historic board decision. If an appeal is from a planning and zoning board or historic preservation board decision to the city commission, the record compiled by the department, DRC, HPB and planning and zoning board shall be forwarded to the city commission for review. The city commission shall hold a public meeting on the record and shall determine if: </div> <div> a. There was a departure from the essential requirements of law in the proceedings appealed; or </div> <div> b. Competent substantial evidence does not exist to support the decision. </div> <div> If the city commission determines that there was not a departure from the essential requirements of law or that competent substantial evidence exists to support the decision then the decision will be upheld. If the city commission finds either subsection A.1.a or b, then the city commission shall conduct a de novo hearing which may be immediately held or shall be set by resolution no later than sixty (60) days from the date of adoption of the resolution. At the conclusion of the hearing the city commissionmay reject, approve or amend the decision of the planning and zoning board. </div> <div> 2. Appeal of department or DRC decision. If the appeal is from a department or DRC decision to the planning and zoning board the appeal shall be automatic and scheduled for a de novo hearing in front of the planning and zoning board no sooner than thirty (30) days or later than sixty (60) days from the date of request for appeal and the planning and zoning board may reject, approve or amend the decision of the DRC. </div> <div> 3. The time frames provided herein may be extended by written request of the applicant. </div> <div> 4. When the city commission conducts a meeting to determine if a new hearing will be granted based on their review of the record below, argument may be made and public input may be heard during the meeting limited solely to whether the record supports the decision of the body from which an appeal has been taken. </div> <div> 5. Appeal from a final decision by the city commission shall be to the circuit court by filing a petition for writ of certiorari within thirty (30) days of the decision. </div> <div> (Ord. No. C-97-19, § 1(47-26.B), 6-18-97; Ord. No. C-98-2, § 3, 1-21-98; Ord. No. C-99-14, § 15, 3-16-99)</div> <bR> <div> <B>Sec. 47-27.7. Historic designation. </B></div> <div> A. Historic preservation board. </div> <div> 1. When a designation or change to designation involves less than ten (10) contiguous acres, notice shall be given as follows: </div> <div> a. Mail notice. Prior to the public hearing before the historic preservation board, mail notice shall be given to the owners of land under consideration for designation at least thirty (30) days prior to the date set for public hearing. </div> <div> 2. When a designation or change to a designation involves more than ten (10) contiguous acres, notice shall be given as follows: </div> <div> a. Newspaper notice. Newspaper notice shall be given at least seven (7) days prior to the first public hearing and at least five (5) days prior to the second public hearing. The advertisement shall be no less than two (2) columns wide by ten (10) inches long in a standard size or a tabloid size newspaper and the headline shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shallbe in substantially the form provided in F.S. § 166.041(3)(c). </div> <div> B. Planning and zoning board. </div> <div> 1. For designation of an historic district which involves less than ten (10) contiguous acres, mail notice shall be given to the owner of the property proposed for designation and owners within three hundred (300) feet of those lands, at least ten (10) days prior to the date set for public hearing. This notice may be included in the mail notice of the historic preservation board public hearing. </div> <div> 2. For designation of an historic district involving ten (10) contiguous acres or more, newspaper notice shall be given at least ten (10) days prior to the date set for public hearing. </div> <div> C. City commission. </div> <div> 1. Mail notice. In the case of an appeal or city commission request for review from the HPB, mail notice shall be given to the owner of land under consideration at least thirty (30) days prior to the date set for public hearing. </div> <div> 2. Newspaper notice. Newspaper notice shall be given at least ten (10) days prior to the date set for public hearing to consider designation or change to a landmark, landmark site, historic district or historic building. </div> <div> (Ord. No. C-97-19, § 1(47-27.7), 6-18-97; Ord. No. C-99-14, § 16, 3-16-99)</div> <bR> <bR> <div> <B>SECTION 47-32. HISTORIC PRESERVATION BOARD</B><B> <A NAME="toc_1"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B> </B></div> <bR> <div> <B> <A NAME="0_0_0_3664"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Sec. 47-32.1. Purpose. </B></div> <div> The purpose of the historic preservation board is to implement the city's historic preservation regulations which promote the cultural, economic, educational and general welfare of the people of the city and of the public generally through the preservation and protection of historically or architecturally worthy structures. </div> <div> (Ord. No. C-97-19, § 1(47-32.1), 6-18-97) <A NAME="toc_2"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A> </div> <bR> <div> <B> <A NAME="0_0_0_3666"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Sec. 47-32.2. Definitions. </B></div> <div> The definitions provided in Sec. 47-24.11 shall apply to this Section 47-32. </div> <div> (Ord. No. C-97-19, § 1(47-32.2), 6-18-97) <A NAME="toc_3"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A> </div> <bR> <div> <B> <A NAME="0_0_0_3668"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Sec. 47-32.3. Powers and duties. </B></div> <div> A. To take action necessary and appropriate to accomplish the purpose of this board. These actions may include, but are not limited to: </div> <div> 1. Continuing the survey and inventory of historic buildings and areas and archeological sites and the plan for their preservation. </div> <div> 2. Recommending the designation of historic districts and individual landmarks and landmark sites. </div> <div> 3. Regulating any alterations, demolitions, relocations, adaptive use and new construction to designated property by issuing certificates of appropriateness. </div> <div> 4. Applying the "United States Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" as guidelines for changes to designated property. </div> <div> 5. Working with and advising the federal, state and county governments and other boards and departments of the city. </div> <div> 6. Advising and assisting property owners and other persons and groups, including neighborhood organizations which are interested in historic preservation. </div> <div> 7. Initiating plans for the preservation and rehabilitation of individual historic buildings. </div> <div> 8. Undertaking education programs including the preparation of publications and the placing of historic markers. </div> <div> 9. Review National Register nominations and provide comments to the appropriate entities. </div> <div> B. The board shall have the power to conduct public hearings to consider historic preservation issues. A simple majority of the membership shall be required for decisions involving landmarks, landmark sites, and historic districts. Applicants shall be given written notification of the board's decisions. The board shall prepare and keep on file available for public inspection a written annual report of its historic preservation activities, cases, decisions, qualifications of members and other historic preservation work. </div> <div> (Ord. No. C-97-19, § 1(47-32.3), 6-18-97; Ord. No. C-99-14, § 18, 3-16-99) <A NAME="toc_4"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A> </div> <bR> <div> <B> <A NAME="0_0_0_3670"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Sec. 47-32.4. Membership. </B></div> <div> A. The historic preservation board shall consist of eleven (11) members to be appointed by the city commission. </div> <div> B. Members shall serve for a period of three (3) years from date of appointment. </div> <div> C. In the event of a vacancy, the city commission shall appoint a successor to fill the unexpired term within sixty (60) days of the vacancy. </div> <div> D. Any member may be removed from the board by the city commission. </div> <div> E. Members shall serve without compensation. </div> <div> (Ord. No. C-97-19, § 1(47-32.4), 6-18-97; Ord. No. C-99-14, § 19, 3-16-99) <A NAME="toc_5"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A> </div> <bR> <div> <B> <A NAME="0_0_0_3672"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Sec. 47-32.5. Qualifications. </B></div> <div> A. Members shall be residents and qualified electors of the city and shall have knowledge of historical or architectural development within the city and have deep concern for the preservation, development and enhancement of the historic buildings in the city. </div> <div> B. To the extent possible, one (1) member shall be a registered architect, four (4) members shall be from one (1) of the following occupations: architect, historian, real estate agent, real property appraiser, planner, engineer, building contractor, lawyer, landscape architect and banker or financial institution officer, and the remaining members shall be from other segments of the community. </div> <div> (Ord. No. C-97-19, § 1(47-32.5), 6-18-97) <A NAME="toc_6"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A> </div> <bR> <div> <B> <A NAME="0_0_0_3674"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Sec. 47-32.6. Meetings and procedures.</B> </div> <div> A. The board shall hold regular monthly meetings unless there is no business to be brought before the board. The board shall adopt rules for the time and place of such meetings. </div> <div> B. The calling of special meetings may be done by the chairperson when warranted by extraordinary circumstances. </div> <div> C. The historic preservation board shall elect from its members a chair and a vice-chair at an annual election held in June of each year, who shall serve for terms of one (1) year and who shall be eligible for reelection. </div> <div> D. The board shall receive assistance in the performance of its historic preservation responsibilities from the department. Other city staff members or consultants may be asked to assist the board by providing technical advice or help in the administration of the historic preservation regulations. </div> <div> (Ord. No. C-97-19, § 1(47-32.6), 6-18-97; Ord. No. C-99-14, § 20, 3-16-99) <A NAME="toc_7"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A> </div> <bR> <div> <B> <A NAME="0_0_0_3676"><IMG BORDER="0" SRC="images/1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Sec. 47-32.7. Quorum.</B> </div> <div> A majority of the members shall constitute a quorum. A majority vote of a quorum shall be required for a decision on any matter before the board. </div> <div> (Ord. No. C-97-19, § 1(47-32.7), 6-18-97; Ord. No. C-98-2, § 2, 1-21-98)</div> <bR> <bR> <div> <B>Sec. 47-36.2. Purpose and declaration of public policy for historic preservation regulations of Sec. 47-24.11. </B></div> <div> A. Purpose. The purpose of these historic preservation regulations is to promote the cultural, economic, educational and general welfare of the people of the city and of the public generally, through the preservation and protection of historically or architecturally worthy structures. These regulations are intended to insure a harmonious outward appearance of structures and premises, to insure the protection of historically or architecturally worthy interiors, to encourage uses which will lead to their continuance, conservation and improvement in a manner appropriate to the preservation of the cultural and historic heritage of the city, to protect against destruction heritage of the city, to protect against destruction of or encroachment upon such area, structure or premise, to prevent creation of environmental influences adverse to such purposes, and to assure that new structures, uses and premises within historic districts or upon landmarks, landmark sites, and historic buildings will be in keeping with the characterto be preserved and enhanced. </div> <div> B. Declaration of public policy. It is the policy of the city that the preservation, protection, perpetuation or the adapted reuse of landmarks, landmark sites and historic buildings and districts is a public necessity because they have a special historic, architectural, archeological, aesthetic or cultural interest and value and thus serve as visible reminders of the history and heritage of the city, state and nation. The city commission hereby finds that the ULDR benefits the residents and property owners of the city and declares as a matter of public policy that the ULDR is required in the interest of the health, safety, general welfare and economic well-being of its residents. </div> <div> (Ord. No. C-97-19, § 1(47-36.2), 6-18-97)</div> <bR> </td> </tr></table></body>