1777 ORDINANCE NO. 1777
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING CHAPTER 2 - ADMINISTRATION, OF THE
CITY CODE BY ADDING ARTICLE XIII - HISTORIC
PRESERVATION ORDINANCE, IDENTIFYING PURPOSE,
PROVIDING DEFINITIONS, ESTABLISHING A
HISTORIC PRESERVATION BOARD, PROVIDING FOR
COMPOSITION, TERMS OF OFFICE, COMPENSATION,
ORGANIZATION, OFFICERS, RULES AND MEETINGS,
ESTABLISHING AN INITIAL HISTORIC DISTRICT AND
PROVIDING A METHOD FOR THE ESTABLISHMENT OF
SUBSEQUENT HISTORIC DISTRICTS, DESIGNATION OF
HISTORIC LANDMARKS, CERTIFICATE PROCEDURE,
NOTICE, REASONS, AND APPEAL, ALLOWING
ORDINARY MAINTENANCE AND REPAIRS FOR PUBLIC
SAFETY, AND ACQUISITION OF HISTORIC EASEMENT,
PROVIDING FOR NOTICE BEFORE ALTERATION OF A
LANDMARK, PROVIDING A PROCEDURE FOR UTILIZING
FEDERAL GRANTS, PROMULGATING REGULATIONS,
INVESTIGATIONS AND REPORTS, REQUIRING
MAINTENANCE AND REPAIR, PROVIDING PENALTIES,
INJUNCTIONS, CONFLICTS AND EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD,
FLORIDA THAT CHAPTER 2 ARTICLE XIII OF THE CITY CODE IS HEREBY
CREATED AS FOLLOWS:
SECTION 1. PURPOSE.
The purpose of this ordinance is to promote the
educational, cultural, and economic welfare of the public of the
City by preserving and protecting historic structures, sites,
monuments, streets, areas and neighborhoods which serve as
visible reminders of the history and cultural heritage of the
City, State or Nation. Furthermore, it is the purpose of this
ordinance to strengthen the economy of the City by stabilizing
and improving property values in historic areas, and to encourage
new buildings and developments that will be harmonious with the
existing historic buildings and areas.
SECTION 2. DEFINITIONS.
(a) An historical landmark or historic landmark is any
site (including significant trees or other plant life located
thereon), building, or structure of particular historic or
aesthetic significance to the City, the State, or the Nation.
Landmarks include, sites, buildings, or structures where
cultural, political, spiritual, economic, social or artistic
history of the community, state or nation is reflected or
exemplified or which are identified with historic personages or
with important events in local, state or national history, or
which embody the distinguishing characteristics of an
architectural specimen, inherently valuable for a representation
of a period, style or method of construction, or a notable work
of construction, or a notable work of a master designer or
architect whose individual genius influenced his age.
(b) An historical district is any area which includes
or encompasses such historic sites, landmarks, buildings, signs,
appurtenances, structures or objects as the Board may determine
to be appropriate for historical preservation. Such designated
district or districts need not be a single enclosed area nor do
the areas or sites have to be contiguous to constitute a
district.
(c) Exterior features shall include the architectural
style, general design and general arrangement of the exterior of
a building or other structure, including the color, the kind and
texture of the building material and the type and style of all
windows, doors, light fixtures, signs, other appurtenant fixtures
and other natural features such as trees and shrubbery.
(d) Person in charge shall be the person or persons
possessed of the freehold of an improvement or improvement parcel
or a lesser estate therein, a mortgagee or vendee in possession,
assignee of rents, receiver, executor, trustee, lessee, agent or
any other person directly or indirectly in control of an
improvement or improvement parcel.
SECTION 3. HISTORIC PRESERVATION BOARD.
There is hereby created and established a Historic
Preservation Board which shall consist of eleven (11) members who
are residents or taxpayers of the City and who shall be appointed
by the City Commission.
SECTION 4. COMPOSITION OF BOARD.
The City Commission shall select the members of the
Board from one or more of the following organizations or
professions:
(a) The local Historical Society.
(b) The state Historical Society.
(c) The Chamber of Commerce.
(d) The local Architects.
(e) The local Planners.
(f) The local Landscape Architects.
(g) The Bar Association.
(h) The local Engineering Society.
(i) The Scenic Improvement Board.
(j) The Planning and Zoning Board.
(k) The Greater Sanford Development Corporation.
(1) Interested residents of the City.
SECTION 5. TERMS OF OFFICE.
(a) The members of the board shall serve overlapping
terms of four (4) years. Initially, two (2) members shall be
appointed for a term of one year. Three (3) members shall be
appointed for a term of two (2) years, three (3) members shall be
appointed for a term of three (3) years, and three (3) members
shall be appointed for a term of four (4) years. Thereafter, all
appointments shall be made for a term of four (4) years. Members
shall serve until the expiration of their term or until their
successors are dully chosen and qualified, or until their death,
resignation, or removal.
(b) Members may be reappointed for no more than three
consecutive four (4) year terms.
(c) If a member representing a designated organization
or profession ceases to be a member of that organization or
profession, or if a vacancy occurs for some other reason, a new
appointment shall be made by the City Commission for the
unexpired term.
SECTION 6. COMPENSATION.
Members of the Board shall serve without pay but shall
be reimbursed by the City for necessary expenses incurred in
connection with their duties.
SECTION 7. ORGANIZATION; OFFICERS; RULES; MEETINGS.
(a) At their first meeting, the appointed Board
Members shall elect officers including a chairman, vice chairmen
and secretary who shall serve for terms of one (1) year and may
be re-elected for one additional term.
(b) The Board may establish any rules necessary for
the orderly conduct of its business.
(c) All meetings of the Board shall be open to the
public.
(d) The Board shall keep a record, which shall be open
to public view, of its resolutions, proceedings, and actions.
(e) Removal may be recommended at any time by an
affirmative vote of the Board or by the City Commission, provided
notice of intention to remove is included as an agenda item on
said meeting notice.
(f) Absenteeism. A member who shall miss two
consecutive meetings without reasonable justification shall be
dropped from the Board. The Board of Directors shall determine
what is reasonable justification.
SECTION 8. ESTABLISHMENT OF HISTORIC DISTRICTS.
(a) The Initial Historic District is established as
follows:
Begin at the NW corner of Fulton Street
and Myrtle Avenue, thence Easterly along
the N right-of-way line of Fulton Street
to the NE corner of its intersection
with Park Avenue, thence Southerly along
the E row line of Park Avenue to the NE
corner of its intersection with
Commerical Street, thence Easterly along
the N right-of-way line of Commercial
Street to the NE corner of its
intersection with Sanford Avenue, thence
Southerly along the E right-of-way line
of Sanford Avenue to the SE corner of
its intersection with Third Street,
thence Westerly along the S right-of-way
line of Third Street to the SW corner of
its intersection with Myrtle Avenue,
thence Northerly along the W right-of-
way line of Myrtle Avenue to the point
of beginning, together with Lots 1 and
2, Block 5, Tier 3, TOWN OF SANFORD,
according to the plat thereof as
recorded in Plat Book 1, Page 58, Public
Records of Seminole County, Florida.
(b) Subsequent Historic districts shall be established
by ordinance.
(c) Before the establishment of a subsequent historic
district, the Historic Preservation Board shall conduct studies
and research and make a report on the historic significance of
the exteriors of buildings, structures, features, sites, objects
and surroundings in the city. The Board report shall contain
recommendations concerning the area(s) to be included in the
proposed historic districts.
(d) Copies of the report shall be transmitted for
review and recommendation to the Planning and Zoning Board
Commission and History and Records Management of the Department
of State of the State of Florida. Not less than sixty (60) days
after the transmittal, the Board shall hold a public hearing
thereon after due notice, which shall include a written notice to
the last known address of the owners of all properties to be
included in such district(s).
(e) After said public hearing, the Board shall submit
a final report with its recommendations and those of the Planning
and Zoning Board and a draft of a proposed ordinance to the City
Commission.
(f) The City Commission shall act on the report and
recommendations in accordance with the normal zoning approval
procedure as specified in the City Code.
SECTION 9. DESIGNATION OF HISTORIC LANDMARKS.
(a) Upon recommendation of the Board, the City
Commission may, after holding public hearings preceded by giving
sufficient written notice to the last known address of the owners
and occupants of the affected property and posting notice in its
normal manner~ adopt an ordinance designating one or more
historic landmarks on the following criteria:
(1) Historical, architectural and cultural
significance;
(2) Suitability for preservation or restoration;
(3) Educational value.
(b) In order for any property to be designated in the
ordinance, it must in addition meet the criteria established for
inclusion of the property in the State Register of Historic
Places.
(c) Upon adoption of the ordinance, the owners and
occupants of each designated historic landmark shall be given
written notification of such designation by the City Commission.
(d) One copy of the ordinance shall be filed by the
Board in the office of the Clerk of the Court of Seminole County.
(e) The ordinance shall also provide for a suitable
sign or marker on or near the property indicating that the
property has been so designated.
SECTION 10. BUILDING OR ALTERING IN A DISTRICT;
CERTIFICATE.
(a) After the designation of an historic district, no
exterior portion of any building or other structure (including
walls, fences, light fixtures, steps and pavement, or other
appurtenant features) nor above-ground utility structure nor any
type of outdoor advertising sign shall be erected, altered,
restored, moved or demolished within such district until after an
application for a certificate of appropriateness as to exterior
features has been submitted to and approved by the Board.
(b) Such a certificate must be issued by the Board
prior to the issuance of a building permit (or other permit
granted for purposes of constructing or altering structures) and
such certificate shall be signed by the chairman of the Board.
(c) A certificate of appropriateness shall be required
whether or not a building permit is required.
(d) The Board shall not consider interior arrangement
and shall take no action under this section except for the
purpose of preventing the construction, reconstruction,
alteration, restoration, moving or demolition of buildings,
structures, appurtenant fixtures, outdoor advertising signs or
natural features in the historic district which would be
incongruous with the historical, architectural or cultural
aspects of the district.
SECTION 11. OUTDOOR ADVERTISING SIGNS
In the case of outdoor advertising signs, "exterior
features" shall be construed to mean the style, material, size
and location of all such signs.
SECTION 12. CERTIFICATE PROCEDURE; NOTICE; REASONS;
APPEAL.
(a) Prior to issuance or denial of a certificate of
appropriateness the Board shall take such action as may
reasonably be required to inform the owner or person in charge of
any property likely to be materially affected by the application,
and shsll give the applicant and such owner an opportunity to be
heard.
(b) In cases where the Board deems it necessary, it
may hold a public hearing concerning the application.
(c) If the Board determines that the proposed
construction, reconstruction, alteration, moving or demolition is
appropriate, it shall forthwith approve such application and
shall issue to the applicant a certificate of appropriateness,
(d) If the Board determines that a certificate of
appropriateness should not be issued, it shall place upon its
records the reasons for such determination and shall forthwith
notify the applicant of such determination, furnishing him an
attested copy of its reasons therefore and its recommendations,
if any, as appearing in the records of the Board.
(e) The Board may approve such application in any case
where the owner would suffer extreme hardship, not including loss
of profit, unless the certificate of appropriateness were issued
forthwith.
(f) Nothing in this ordinance shall prevent any person
aggrieved by a determination of the Board from appealing such
determination to the City Commission, whose decision shall
constitute final action.
SECTION 13. ORDINARY MAINTENANCE ALLOWED; PUBLIC
SAFETY.
(a) Nothing in Sections 10 or 14 shall be construed to
prevent the ordinary maintenance or repair of any exterior
feature in an historic district or of any landmark which does not
involve a change in design, material, color, or outer appearance
thereof.
(b) Nothing in Sections 10 and 14 shall prevent the
construction, reconstruction, alteration, restoration or
demolition of any such feature which the building inspector or
similar official shall certify is required by the public safety
because of an unsafe or dangerous condition.
SECTION 14. ACQUISITION OF HISTORIC EASEMENTS.
The City may acquire, by purchase, donation or
condemnation, historic easements in any area within its
jurisdiction wherever and to the extent that the City Commission,
upon the recommendation of the Board, determines that the
acquisition will be in the public interest. For the purpose of
this section, the term "historic easement" means any easement,
restriction, covenant or condition running with the land,
designated to preserve, maintain or enhance all or part of the
existing state of places of historic, architectural, or cultural
significance.
SECTION 15. ALTERATION OF A LANDMARK.
(a) A historic landmark designated by ordinance as
herein provided may be demolished, materially altered, remodeled,
relocated or put to a different use only after 180 days written
notice of the owner's (or person in charge) proposed action has
been given to the Board.
(b) During this 180 day period, the Board may
negotiate with the owner or person in charge of the landmark and
with any other parties in an effort to find a means of preserving
the property.
(c) During this period, or at any time prior thereto
following notice of designation to the owner and where such
action is reasonably necessary or appropriate for the continued
preservation of the property, the Board may enter into
negotiations with the owner for the acquisition by gift,
purchase, exchange or otherwise of the property or any interest
therein.
(d) The Board may reduce the waiting period required
by this Section in any case where the owner would suffer extreme
hardship, not including loss of profit, unless a reduction in the
required period were allowed.
(e) The Board shall have the discretionary authority
to waive all or any portion of the required waiting period;
provided that the alteration, remodeling, relocation or change of
use is undertaken subject to conditions agreed to by the Board
insuring the continued maintenance of the historical,
architectural or cultural integrity and character of the
property.
SECTION 16. FEDERAL GRANTS.
Where the Board recommends the purchase or condemnation
of a historic landmark or any interest therein, and where the
City Commission follows such recommendation, the City Commission
may wherever practicable make use of Federal grants as provided
in the National Historic Preservation Act of 1966.
SECTION 17. REGULATIONS.
The Board may from time to time promulgate, amend and
rescind such regulations as it may deem necessary to effectuate
the purposes of this ordinance.
SECTION 18. INVESTIGATIONS AND REPORTS.
The Board may make such investigations and studies of
matters relating to the protection, enhancement, perpetuation or
use of landmarks and historic districts, and to the restoration
of landmarks as the Board may, from time to time, deem necessary
or appropriate for the effectuation of the purposes of this
ordinance, and may submit reports and recommendations as to such
matters to the mayor and other agencies of the city. In making
such investigations and studies, the Board may hold such public
hearings as it may deem necessary or appropriate.
SECTION 19. MAINTENANCE AND REPAIR REQUIRED.
(a) Neither the owner of nor the person in charge of a
structure within a historic district or of a designated landmark
shall permit such structure or landmark to fall into a state of
disrepair which may result in the deterioration of any exterior
appurtenance or architectural feature so as to produce or tend to
produce, in the judgment of the Board, a detrimental effect upon
the character of the district as a whole or the life and
character of the landmark or structure in question, including but
not limited to:
(1) The deterioration of exterior walls or other
vertical supports;
(2) The deterioration of roofs or other
horizontal members;
(3) The deterioration of exterior chimneys;
(4) The deterioration or crumbling of exterior
plaster or mortar;
(5) The ineffective waterproofing of exterior
walls, roofs, and foundations, including broken windows or doors;
(6) The deterioration of any feature so as to
create or permit the creation of any hazardous or unsafe
condition or conditions.
SECTION 20. PENALTIES.
(a) Any person who violates any provision of this
ordinance shall be guilty of a misdemeanor and shall be punished
by a fine of not more than one thousand dollars and not less than
one hundred dollars, and/or by imprisonment for not more than one
year.
(b) Any person who files with the Board any
application or request for a certificate of appropriateness and
who refuses to furnish, upon demand by the Board, any information
relating to such application or request, or who willfully makes
any false statement in such application or request, or who, upon
such demand, willfully furnishes false information to the Board,
shall be punished by a fine of not more than five hundred dollars
and/or by imprisonment for not more than ninety (90) days.
(c) For the purpose of this ordinance, each day during
which there exists any violation of any provision herein shall
constitute a separate violation of such provisions.
SECTION 21. INJUNCTIONS.
Wherever any person has engaged in or is about to
engage in any act or practice which constitutes or will
constitute a violation of Section 10, 14, or 18, the Board may
make application to the Circuit Court for an order enjoining such
act or practice, or requiring such person to refrain from such
prospective violation or to remedy such violation by restoring
the affected property to its previous condition. Upon a showing
by the Board that such person has engaged or is about to engage
in any such act or practice, a permanent or temporary injunction,
restraining order or other appropriate order shall be granted
without bond.
SECTION 22. SEVERABILITY.
If any provision of this ordinance or the application
thereof to any person or circumstances is held invalid, the
remainder of this ordinance and the application of such
provisions to other persons or circumstances shall not be
affected thereby.
SECTION 23. CONFLICTS.
That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby revoked.
SECTION 24. EFFECTIVE DATE.
That this ordinance shall become effedtive immediately
upon its passage and adoption.
PASSED AND ADOPTED this 28th day of October ,
A.D. 1985.
ATTEST:
CERTIFICATE
I, H. N. Tamm, Jr., City Clerk of the City of San-
ford, Florida, do hereby certify that a true and correct copy
of the foregoing Ordinance No. 1777, PASSED AND ADOPTED by
the City Commission of the City of Sanford, Florida, on the
28th day of October, 1985, was POSTED at the front door of
the City Hall in the City of Sanford, Florida, on the 29th
day of October, 1985.
~,NFORD
S NFORD
PRO,J