Fort Walton Beach Ordinance — 1746 historic sites — reading text

READING 1st 2nd ORDINANCE 1746 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, RIDA, FL() RELATING TO THE HISTORIC SITES AND STRUCTURES ADVISORY BOARD; PROVIDING FOR AUTHORITY; AMENDING SECTION 2. 09. 02, COMPOSITION, HISTORIC SITES AND STRUCTURES ADVISORY BOARD; AMENDING SECTION 12. 100.012, REVIEW, APPROVAL OF APPLICATION FOR DESIGNATION OF A HISTORIC SITE OR STRUCTURE; AMENDING SECTION 12. 100. 013, REGARDING RENOVATIONS, RECONSTRUCTION OR ADDITIONS TO DESIGNATED SITE OR STRUCTURE; ADOPTING secTION 12. 100.02, ENTITLED PARTICIPATION IN THE FLORIDA NATIONAL REGISTER OF HISTORIC PLACES NOMINATION PROCESS; AMENDING SECTION 12. 100.03, REGARDING ARCHAEOLOGICAL RESOURCE REVIEWS; ADOPTING SECTION 12. 100.09, ENTITLED INVENTORY OF HISTORIC SITES AND STRUCTURES; RESOLVING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CllY COUNCIL OF THE CllY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY The authority for enactment of this Ordinance is pursuant to the powers of the City of Fort Walton Beach, provided in section 2 of the City Charter and section 166.021( 1), Florida Statutes ( 2006). SECTION 2. AMENDMENT TO SECTION 2. 09.03, REGARDING COMPOSITION OF THE HISTORIC SITES AND STRUCTURES ADVISORY BOARD. Section 2. 09.03, Composition, of the Historic Sites and Structures Advisory Board is hereby amended as follows. The historic sites and structures advisory board shall consist of seven persons with demonstrated interest in historical and archaeological preservation. Whenever possible, these persons have expertise in architecture, archaeology, anthropology, local history and related fields. It is preferred that appointees be City residents. Council may waive the requirement if the person otherwise has the necessary expertise and is a resident in Okaloosa County. Any vacancy on the board shall be filled within sixty days of the occurrence of the vacancy. SECTION 3. AMENDMENT TO SECTION 12. 100.012, REVIEW, APPROVAL OF APPLICATION FOR DESIGNATION OF A HISTORIC SITE OR STRUCTURE. Section Page 1 12. 100. 012, Review, Approval Of Application For Designation Of A Historic Site Or Structure, of the Land Development Code is hereby amended as follows. The Historic Sites and Structures Advisory Board shall review each complete application to determine if the request meets the criteria for designation as a Historic Site or Structure. The Board shall review an application within 60 days of the date the application was found sufficient or at the earliest possible meeting thereafter. In reviewing an application, the Board shall seek expertise in an area not represented on the Board if deemed necessary by the Board in order to conduct an adequate review of the application. When additional expertise is needed, the Board shall extend the timeframe of the review to reasonably accommodate the professional expert. The Board may approve, approve with conditions or deny the application. Upon approval of the request, an appropriate historic site or structure sign will be placed on the property, and the property shall be added to the Inventory of Historic Sites and Structures of the City. Upon approval, the application shall be provided to the SPHO. The Board shall be responsible for establishing and maintaining the Inventory of Historic Sites and Structures. SECTION 4. AMENDMENT TO SECTION 12. 100.013, REGARDING RENOVATIONS, RECONSTRUCTION OR ADDITIONS TO DESIGNATED SITE OR STRUCTURE. Section 12. 100.013, Renovations, Reconstruction or Additions to Designated Site or Structure, of the Land Development Code is hereby amended as follows. 1:. The owner of a property which has been designated a historic site or structure may request approval of an alteration, a renovation, reconstruction, new construction or change to a designated historic site or structure on the property. The Board shall review the application to determine if the proposed alteration and/ or new construction will invalidate the criteria used to designate the property. If the property and/or structure would no longer meet the criteria for designation, the application shall be denied. If the property owner chooses to continue with the alterations and/ or new construction, the property will be removec.t from the Inventory of Historic Sites and Structures and no longer qualify for a sign. Upon approval, the site will remain on the Inventory of Historic Sites and Structures and maintain the sign 2. The Board shall review the designations each year to determine if any unauthorized renovation, reconstruction, addition, or change has been made that would nullify the designation. If the Board determines that a previously designated historic site or structure no longer meets the criteria, it shall notify the property owner by certified letter of a time and place for a hearing before the Board at which the Board shall determine whether to remove the site or structure from the Inventory of Historic Sites and Structures. Page 2 SECTION 5. ADOPTION OF SECTION 12. 100.02, ENTITLED PARTICIPATION IN THE FLORIDA NATIONAL REGISTER OF HISTORIC PLACES NOMINATION PROCESS. Section 12. 100.02, Participation In The Florida National Register Of Historic Places Nomination Process is hereby adopted as follows. 12. 100.02 Participation In The Florida National Register Of Historic Places Nomination Process Upon approval as a Certified Local Government, the board shall review nomination proposals for the National Register which are submitted on forms approved by the board and pursuant to all applicable state and federal laws, rules, and regulations, and recommend or deny recommendation of such nomination proposals to the State Historic Preservation Officer. The board shall evaluate the nomination proposals for completeness and notify the proposal' s sponsor in writing, if the proposal is not sufficient by identifying the technical deficiencies, within 30 days after receipt of the nomination proposal. If the nomination proposal is technically complete, the board shall place the item on the agenda at the earliest possible regular meeting. 12. 100.021 Notice of Proposal Review by Board The board shall notify the following of its intention to consider a nomination proposal. In all cases, such notification shall occur at least 30 days but not more than 75 days prior to the Board meeting at which the nomination proposal will be considered. 1) Owner(s) of record of the property. The list of owners shall be obtained from official tax records. Where there is more than one owner on the list, each separate owner shall be notified. 2) Appropriate local official[s) and such other contact persons as may be designated. This will include the appropriate municipal official( s) and the Chairman of the Board of County Commissioners. Within 30 days after receipt of the nomination proposal, the appropriate local official( s) shall submit in writing to the Board a recommendation as to whether or not the property shall be nominated to the National Register. 3) State Historic Preservation Officer. 12. 100. 022 Board Review Nomination proposals shall be considered, pursuant to Section 101 a) of the National Historic Preservation Act ( and 36 CFR 60), by the board at a public meeting, and all votes on nomination proposals shall be recorded and made a part of the permanent record of the board meeting. All nomination proposals shall be forwarded, with a record of official action taken by the board and the recommendation of the appropriate local official( s), to the State Historic Preservation Officer within 30 days after the board meeting at which they were considered. If either the board or Page 3  appropriate local official( s) or both support the nomination, the State Historic Preservation Officer shall schedule the nomination proposal for consideration by the Florida National Register Review Board as part of the normal course of business at the next regular meeting. 12. 100. 023 Conduct of Review Any person or organization which supports or opposes the nomination of a property to the National Register shall be afforded the opportunity to make its views known in writing. All such correspondence regarding a nomination proposal shall become part of the permanent record concerning that proposal and shall be forwarded with approved proposals to the State Historic Preservation Officer. In the case of disapproved nomination proposals, letters of support or comment shall be made a part of the permanent record concerning that proposal, and a list of such letters shall accompany the official copy of the disapproved nomination proposal when it is forwarded to the State Historic Preservation Officer. 12. 100.024 Time of Review The board shall keep all nomination proposals on file for at least 30 days but not more than 75 days prior to the board meeting at which they will be considered. Nomination proposals shall be made available at the City library and City Hall so that written comments can be prepared by interested individuals. 12. 100.025 Recommendation of Denial and Appeal If both the Certified Local Government Board and appropriate local official( s) recommend that a property not be nominated to the National Register, the State Historic Preservation Officer shall take no farther action on the nomination proposal unless an appeal is filed within 30 calendar days with the State Historic Preservation Officer. Any reports and recommendations that result from such a situation shall be included with any nomination proposal submitted by the State Historic Preservation Officer to the Secretary of the Interior. Any person may appeal the decisions of a local Board by directing a request for an appeal to the State Historic Preservation Officer in writing within 30 calendar days of the board' s decision. The board shall also follow other appeal procedures promulgated by the National Park Service, Department of the Interior, pertaining to local or state actions. SECTION 6. AMENDMENT OF SECTION 12. 100.03, ARCHAEOLOGICAL RESOURCE REVIEW. Section 12. 100. 03, Archaeological Resource Review, of the Land Development Code is hereby amended as follows. 12. 100.031 Phase I Archaeological Survey If any development on property other than residential property will disturb the ground and is located within the Archaeological Sensitive Page 4 Zone, then a Phase I Archaeological Survey is required unless waived by the Historic Sites and Structures Advisory Board. The Phase I survey is the Cultural Resources Survey and shall be conducted by