§ 303. Historic Preservation Board.

303.1.   Purpose and Intent.

The Historic Preservation Board is established in order to preserve and protect Manatee County's archaeologically and historically significant sites, districts and zones; to encourage historical and archaeological preservation; to identify historic buildings and sites and archaeological sites in Manatee County; and to ensure appropriate preservation, restoration, renovation, development and adaptive reuse of historical buildings and archaeological sites.

303.2.   Duties and Powers.

The Historic Preservation Board, in addition to such other powers, duties and authority as may be set forth elsewhere in this Code, shall have the following powers and duties:

A.

Maintain and update files of the Manatee County Historic Survey for the purpose of identifying and conserving those sites, districts and zones of special archeological, historic, architectural, or cultural value or interest. In exercising this authority, the Historic Preservation Board shall endeavor to improve and expand the survey with additional sites, documentary information, oral histories, and other such materials as may become available; and to periodically re-evaluate the survey to determine whether changing times and values warrant recognition of new or different areas of significance. The Manatee County Historic Survey shall utilize the format provided by the Florida Master Site File (FMSF), and the Building and Development Services Department shall provide copies of all survey forms to the FMSF.

B.

Recommend properties for designation as historic landmarks, historical and archaeological overlay districts, and historic vista protection areas in accordance with the criteria and procedures specified in this Code for each type of action. Regulate and administer properties as historic landmarks and historic landmark districts.

C.

Participate in, and review nominations of landmarks to, the national register program for Florida to the greatest possible extent, as specified by the 1981 amendments to the National Historic Preservation Act of 1966, as amended, and by regulations and rules drafted pursuant to those amendments by the National Park Service and the Florida State Historic Preservation Office, which encourages such local participation and initiative.

D.

Approve or deny Certificates of Appropriateness pursuant to this Code, or provide standards for administrative approval of certain Certificates of Appropriateness.

E.

Recommend zoning text or atlas amendments to the Board for referral to the Planning Commission.

F.

Recommend to vary, waive, or supersede provisions of this Code when appropriate as a means of encouraging significant historic preservation.

G.

Recommend approval for certificates of transfer of development rights in accordance with procedures set forth by the Board.

H.

Make recommendations to the Board concerning the transfer of development rights, facade easements and the imposition of other restrictions, and the negotiations of historical property contracts for the purposes of historic preservation.

I.

Maintain a record of archaeologically or historically significant sites, districts or zones within the County and update the record through ongoing historical resources surveys. The County shall provide copies of the current record to the Florida Master Site File (FMSF) and the State Historic Preservation Officer (SHPO).

J.

Increase public awareness of the value of historic preservation by developing and participating in public information programs.

K.

Make recommendations to the Board concerning the utilization of grants from Federal and State agencies or private groups and individuals, and utilization of County funds to promote the preservation of archaeologically, historically and aesthetically significant sites, districts and zones.

L.

Evaluate and comment upon decisions of other public agencies affecting the physical development and appearance of archaeologically, historically and aesthetically significant sites, districts and zones.

M.

Contact public and private organizations and individuals and endeavor to arrange intervening agreements and/or actions to ensure preservation of archaeologically or historically significant sites, districts and zones for which demolition or destruction is proposed.

N.

Recommend and approve placement of historic markers and plaques and issue recognition to designated historic landmarks, historical and archaeological overlay districts, and historic vista protection areas within Manatee County and those persons, organizations or entities deserving of recognition in the field of archeological, historic or aesthetically significant site preservation.

O.

Advise the Board on all matters related to the use, administration and maintenance of County owned designated historic landmarks, historical and archaeological overlay districts, and historic vista protection areas.

P.

Review and approve all projects and construction requiring Certificates of Appropriateness issued by the Historic Preservation Board pursuant to Section 347.

Q.

Recommend to vary, waive or supersede provisions of this Code, to the appropriate agencies, when appropriate as a means of encouraging significant historic preservation. Request that the appropriate agencies or departments investigate alternative methods so that alterations required by the Florida Building Code, Florida Fire Prevention Code, Florida Americans with Disabilities Accessibility Implementation Act, and state health code are done in a manner to preserve character-defining spaces, features and finishes.

R.

Determine, through a resolution, which activities may be approved administratively, without further review by the Historic Preservation Board for certain Certificates of Appropriateness.

S.

Review and approve any variance regarding floodplain elevation of structures within a Historical and Archaeological Overlay District, a historic landmark area, property listed on the National Register of Historic Places (listed after 01-01-17) and/or a historic vista protection area.

T.

Subject to availability and appropriation of funds and advanced approval by the Board, attend local, state and national information or education meetings, workshops and conferences when such attendance is relevant to the duties of the Historic Preservation Board.

U.

Any other function which may be designated by the Board.

The Historic Preservation Board is authorized to exercise the foregoing powers throughout unincorporated Manatee County. The responsibilities assigned to the Historic Preservation Board pursuant to this Section shall be complementary to the Historic Preservation Office of the State of Florida.

(Ord. No. 16-02 , § 3(Exh. A), 9-19-16)

303.3.   Membership and Meetings.

A.

Membership. A Historic Preservation Board is hereby established which shall consist of five (5) members appointed by the Board.

B.

Qualifications. Members of the Historic Preservation Board shall be qualified residents in Manatee County who have knowledge of archaeological, historical or architectural development or have deep concern for the preservation, development and enhancement of historic resources in the County. The Historic Preservation Board shall, whenever possible, be composed of professional members from the following disciplines: architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, landscape architecture, and historic preservation or related disciplines. In the event there are insufficient professionals in the County, lay persons who have demonstrated special interest, experience or knowledge in history, architecture or related disciplines shall comprise the balance of the historic preservation board.

C.

Terms of Office. The term of office of the Historic Preservation Board members shall be for four (4) years. Not more than two (2) of such members' terms shall expire in any one (1) year. A member whose term expires shall continue to serve until his or her successor is appointed.

D.

Removal from Office. Any member of the Historic Preservation Board may be removed from office, with or without cause, by majority plus one (1) vote of the full membership of the Board following a hearing by the Board. In the event that any member is no longer a qualified elector or is convicted of a felony or any offense involving moral turpitude while in office, the Board shall terminate the appointment of such person as a member of the Historic Preservation Board.

E.

Officers. The Historic Preservation Board shall annually elect a Chairman and Vice Chairman from among its members and may create and fill such other offices as necessary. Terms of all offices shall be for one (1) year with eligibility for re-election.

F.

Vacancies. Whenever a vacancy occurs on the Historic Preservation Board, the Board shall fill such vacancy for the remainder of the term. The Board shall attempt to appoint new members within sixty (60) days of the date any vacancy, subject to availability of qualified individuals.

G.

Quorum. Except as provided in this section, no meeting of the Historic Preservation Board shall be called to order, nor shall any business be transacted by the Historic Preservation Board, without a quorum consisting of at least three (3) members of the Historic Preservation Board being present. The Chairman shall be considered and counted as a member. When there is no quorum, those members of the Preservation Board who are present may convene for the purposes of continuing a public hearing or scheduling a special meeting.

H.

Attendance. Historic Preservation Board members shall be removed from office by the Building and Development Services Director for failure to attend three (3) successive meetings, excluding workshop meetings, or when a member's absences exceed twenty-five (25) percent of all scheduled meetings, including workshop meetings, in a calendar year if the absence is not approved by the Board for cause. Any member who fails to attend a meeting during at least seventy-five (75) percent of the time of the meeting is in session shall be considered not to have attended the meeting,

I.

Rules of Procedure. The Historic Preservation Board shall, by majority vote of the entire membership, adopt written rules of procedure as may be necessary for the transaction of its business. In any proceeding deemed quasi-judicial under this Code, the Historic Preservation Board shall adhere to the procedures established pursuant to this Code, and any additional procedures established by resolution by the Board.

J.

Disclosure. Applicants for appointment to the Historic Preservation Board shall disclose whether or not they are currently elected or appointed to hold office in any public body or agency including serving on an advisory board.

K.

Ethics. Members of the Historic Preservation Board shall be subject to all applicable provisions of F.S. ch. 112, pt. III, regarding ethics for public officers.

L.

Regular Meetings. Regular meetings of the Historic Preservation Board shall be held as necessary, with at least four (4) meetings annually. Meetings may be called by the Chairman of the Board, the Chairman of the Historic Preservation Board, a majority of the members of the Historic Preservation Board, a majority of the Board or the County Administrator or his or her designee. If consideration of a matter is postponed for any reason, the Historic Preservation Board may continue the meeting to a special meeting or reschedule the matter to the next Historic Preservation Board meeting. The Building and Development Services Department shall notify all Historic Preservation Board members of the date of any continued meeting. A public notice for each Historic Preservation Board meeting shall be advertised in a newspaper of general circulation in Manatee County no less than ten (10) days prior to the date of the public hearing.

M.

Public Meetings. All meetings of the Historic Preservation Board shall be public meetings and conducted in accordance with the applicable rules of procedure.

N.

Vote. No action of the Historic Preservation Board shall be valid unless authorized by a majority vote of the quorum. The Historic Preservation Board members shall be subject to F.S. ch. 112, pt. III.

O.

Appeals. Any aggrieved person, including Manatee County, may file a petition for review of any final decision of the Historic Preservation Board to the Circuit Court (see Appeals section at the end of this chapter).

P.

Staff. The Building and Development Services Department shall provide staff to the Historic Preservation Board for the performance of its duties and powers. Subject to availability and appropriation of funds, the County may enter into contracts to obtain additional expertise to the Building and Development Services Department in considering national register nominations when a professional discipline is not represented as a member of the Historic Preservation Board.

Q.

Clerk. The Clerk of Circuit Court in his or her capacity as Clerk to the Board of County Commissioners shall likewise serve as Clerk to the Historic Preservation Board. The Clerk shall keep minutes of all Historic Preservation Board proceedings, including evidence presented, the name of all witnesses giving testimony, findings of fact by the Historic Preservation Board and the vote of each member, or if absent, or, failing to vote, such fact. The Clerk shall be the custodian of the official record of the Historic Preservation Board and shall keep indexed records of all Resolutions, Certificates of Appropriateness, variances, transactions, findings and determinations.

R.

Records. All records of the Historic Preservation Board, including but not limited to historic survey files and rules of procedure, shall be official public records and shall be open to the public in accordance with F.S. ch. 119, pertaining to public records.

(Ord. No. 16-02 , § 3(Exh. A), 9-19-16)

303.4.   Certified Local Government Program.

A.

Responsibilities of the Building and Development Services Department. The Building and Development Services Department shall perform all activities required for compliance with the Certified Local Government Program administered by the State Historic Preservation Officer ("SHPO"). The Building and Development Services Department shall provide written notice to the SHPO the next business day following the approval of any new historic landmark designation or alteration of any existing historic landmark designation. The Building and Development Services Department shall provide written notice to the SHPO no later than thirty (30) calendar days after any of the following events:

1.

Changes in Historic Preservation Board membership.

2.

Amendment of regulations governing the Historic Preservation Board; provided, however, that the SHPO shall review and approve any amendments prior to adoption by the Historic Preservation Board.

B.

Reporting. The Building and Development Services Department shall provide duplicates of all documents to the SHPO and maintain written records verifying receipt of documents by the SHPO.

1.

The Building and Development Services Department shall submit advance written notice of each Historic Preservation Board meeting to the SHPO at least thirty (30) calendar days before each meeting.

2.

The Building and Development Services Department shall submit proposed amendments to any ordinance governing the Historic Preservation Board to the SHPO at least thirty (30) calendar days before the meeting at which such amendments will be considered; provided, however, that no amendments shall be adopted by the Historic Preservation Board until after the SHPO has reviewed and approved such amendments.

3.

The Building and Development Services Department shall submit draft minutes of each Historic Preservation Board meeting to the SHPO no later than thirty (30) calendar days after each meeting.

4.

The Building and Development Services Department shall submit approved minutes of each Historic Preservation Board meeting to the SHPO no later than thirty (30) calendar days after each meeting at which such minutes were approved.

5.

The Building and Development Services Department shall submit written records of attendance by Historic Preservation Board members at each Historic Preservation Board meeting to the SHPO no later than thirty (30) calendar days after each meeting.

6.

The Building and Development Services Department shall submit written records of attendance by the public at each Historic Preservation Board meeting to the SHPO no later than thirty (30) calendar days after each meeting.

7.

The Building and Development Services Department shall submit an annual written report to the SHPO no later than November 1 of each year covering the time period from the previous October 1 through September 30. The annual report shall include the following information:

a.

A copy of the rules of procedure for the Historic Preservation Board;

b.

A copy of the historic preservation ordinance;

c.

Resumes of all Historic Preservation Board members;

d.

Changes to the membership of the Historic Preservation Board;

e.

The total number of projects reviewed by the Historic Preservation Board;

f.

A review of survey and inventory activity with a description of the system used;

g.

New historic landmark designations;

h.

New listings on the National Register of Historic Places; and

i.

A report of all grant assisted activities.