3882ORDINANCE NUMBER 3882
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
PROVIDING FOR A REVISION TO SECTION 3.5, SCHEDULE S,
CITY OF SANFORD CODE/LAND DEVELOPMENT REGULATIONS;
RELATING TO THE OPERATIONS AND ACTIVITIES OF THE
CITY OF SANFORD HISTORIC PRESERVATION BOARD;
RELATING TO MEMBERSHIP ON THE HISTORIC
PRESERVATION BOARD; PROVIDING FOR ABOLISHMENT AND
THE RECONSTITUTION AND REAPPO1NTMENT OF THE
HISTORIC PRESERVATION BOARD; PROVIDING FOR THE
NUMBER OF MEMBERS ON THE HISTORIC PRESERVATION
BOARD; REDUCING THE NUMBER OF MEMBERS ON THE
HISTORIC PRESERVATION BOARD; PROVIDING FOR ACTIONS,
POWERS, DUTIES AND RESPONSIBILITIES OF THE HISTORIC
PRESERVATION BOARD; PROVIDING FOR CONFLICTS AND
SAVINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITIZENS OF THE CITY OF SANFORD, FLORIDA:
SECTION 1. AMENDMENT TO SECTION 3.5 OF SCHEDULE S OF THE CITY
CODE/LAND DEVELOPMENT REGULATIONS/MEMBERSHIP ON HISTORIC
PRESERVATION BOARD. Section 3.5 of Schedule "S' of the City of Sanford Code/Land Development
Regulations is hereby amended to read as follows:
SECTION 3.5
HISTORIC PRESERVATION BOARD
Establishment of Historic Preservation Board. A Historic Preservation Board has been created
and established to conduct activities required in the historic preservation regulations included in
Schedule S. The Historic Preservation Board as it exists on the effective date of this Ordinance is
hereby abolished and the Board shall be reconstituted and reappointed in accordance with the
prowsions of this Ordinance (Drafter s Not. See Section 2(b)). The Historic Preservation Board shall
consist of five (5) members, all of which are residents or taxpayers of the City. The majority of the
members shall be residents.
B. Powers and Duties. The Historic Preservation Board shall have the following powers and
duties:
To recommend the addition of historic district areas to the Planning and Zoning Commission,
the City Commission and the Bureau of Historic Preservation of the Department of State of
the State of Florida.
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To give written notice to the last known address of the owners of all properties to be included
in proposed historic districts.
Submit recommendations to the City Commission, Planning and Zoning Commission and
Board of Adjustment regarding development proposed to occur in the historic districts as
may be deemed necessary and appropriate from time-to-time.
Hear applications for certificates of appropriateness.
Inform property owners owning properties that are proximate to properties which are being
considered for a certificate of appropriateness.
Negotiate with property owners of landmarks proposed to be altered through various
property acquisition mechanisms and reduction or waiver of waiting periods.
7. Conduct studies of matters relating to the preservation of landmarks and historic districts.
Recommend and monitor code enforcement actions for violations of Schedule S, Historic
Preservation.
9. Recommend to the City Commission properties for Historic Landmark Designation.
Composition of Historic Preservation Board. The City Commission shall select the members of
the Historic Preservation Board, to the maximum extent feasible and practicable, from the following
organizations or professions in no particular order:
2.
3.
4.
5.
6.
7.
8.
9.
10.
Local historical societies or groups.
The Florida or National Trust for Historic Preservation.
The City of Sanford Chamber of Commerce;
Local architects;
Local planners;
Local landscape architects;
The Seminole County Bar Association;
The local engineering society;
The Scenic Improvement Board; and
Interested residents of the City.
Terms of Office for Board Members.
1. Ifa vacancy occurs, the appointment of a replacement shall be made by the City Commission.
Terms shall be for three (3) years. Members may be removed at any time by the City
Commission by means of a substitute appointment.
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Removal of a member 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.
A member who misses more than three (3) consecutive meetings or more than four (4)
meetings within a calendar year, shall forfeit his or her office.
Board Members Compensation. Members of the Board shall serve without compensation but
shall be reimbursed by the City for necessary expenses incurred in connection with their duties.
Historic Preservation Board Organization.
At the Board's first meeting of each year the Board members shall elect officers including
a chairman, vice chairman and secretary who shall serve for terms of one (1) year and may
be reelected.
The Board may establish any rules necessary for the orderly conduct of its business
consistent with the provisions of the City Code and other applicable law. The vote
required to take any action or make any recommendation shall be three (3) Board
members voting for an affirmative motion.
All meetings of the Board shall be open to the public and shall operate under the
provisions of Chapter 286, F. S. (The Sunshine Law).
The Board shall keep a record of its actions, which shall be available for public inspection
and copying of its resolutions, proceedings, and actions.
Procedure for Issuing Certificate of Appropriateness.
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 of any property likely to be
materially affected by the application, and shall give the applicant and such owner an
opportunity to be heard.
In cases where the Board determines that the Certificate of Appropriateness would be
reasonably likely to impact proximate properties to the property for which the application
has been made, it may hold a public hearing concerning the application.
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.
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If the Board determines that a Certificate of Appropriateness should not be issued, it shall
issue written finding(s) stating the mason(s) for such determination and shall forthwith
notify the applicant of such determination by furnishing him or her an attested copy of its
finding(s).
The Board may approve such application in any case where the owner would suffer
extreme hardship, not including solely the loss of profit relative to the value of the
property, if the Certificate of Appropriateness were note issued.
Any person aggrieved by a determination of the Board may appeal such determination to
the City Commission by filing a written appeal within thirty (30) calendar days of the
Board action and paying such filing fee as the City Commission may determine. The
decision of the City Commission on an appeal shall constitute final action subject only to
judicial review.
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 Ht~toric Preservation Act of 1966 or its successor provision(s).
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 any, fi.om time to time, deem necessary or
appropriate for the effectuation of the purposes of this Schedule, and may submit reports and
recommendations as to such matters to the Mayor and the City Manager. In making such
investigations and studies, the Board may hold such public hearings as it may deem necessary or
appropriate after determining whether the proposal would impact properties located within the
City.
SECTION 2. CONFLICTS/SAVINGS AS TO CURRENT HISTORIC PRESERVATION
BOARD MEMBERS.
(a) All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed.
(b) The current members of the Historic Preservation Board shall continue to serve on the
Board. The Board shall be reduced to five (5) members as set forth Section 1 (Section
3.5A) when one (1) of the existing members resigns or otherwise ceases to be a member
of the Board. Thereafter the Board shall be a five (5) member Board. While the Board is
comprised of six (6) members, the vote required to take any action or make any
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recommendation shall be four (4) Board members voting for an affirmative motion.
SECTION 3. SEVERABILITY. If any section, sentence, phrase, word, or portion of this
Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, s~ntence, phrase, word, or portion of
this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional.
SECTION 4. CODIFICATION. It is the intention of the City Commission of the City of Sanford,
Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of
the Code of Ordinances of the City of Sanford, Florida; that the Sections of this Ordinance may be
renumbered or re-entered to accomplish such intention; that the word, "Ordinance," may be changed to
"Section," "Article," or other appropriate word~ provided, however, that Sections 2, 3, 4 and 5 shall not be
codified.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take immediate effect upon enactment.
PASSED and ADOPTED this 9th day of August, 2004.
ATTEST:
~(IET DOUGHERTY, ~ITY CLI~K
CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA
~MAYOR
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and
correct copy of the foregoing Ordinance No. 3882, PASSED AND ADOPTED by the City Commission of
the City of Sanford, Florida, on the 9th day of August, 2004, was posted at the front door of the City Hall
in the City of Sanford, Florida, on the 10th day of August, 2004.
A~ne City Clerk of the City5/ t7
of Sanford, Florida
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