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Manatee County |
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Land Development Code |
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Chapter 3. REVIEW AUTHORITY AND PROCEDURES |
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Part VII. OTHER APPLICATIONS. |
§ 347. Certificate of Appropriateness.
347.1. Certificate of Appropriateness Required.
No person may remove, relocate, alter, restore, renovate, demolish, destroy, excavate or build on a historic landmark, property listed with the National Register of Historic Places (listed after 01-01-17), in a historical and archaeological overlay district or in a historic vista protection area without first obtaining a certificate of appropriateness. The following are the specific activities requiring a certificate of appropriateness in each designated district.
A.
Whitfield Estates Historical and Archaeological Overlay District. The removal, relocation, alteration, restoration, or renovation that includes a change in exterior facade materials; the demolition or construction on any site that contains a principal building built prior to 1932.
B.
Terra Ceia Historical and Archaeological Overlay District. The removal, relocation, alteration, restoration or renovation that includes a change in exterior facade materials; the destruction of any exterior portion of a building built prior to 1942; or the construction of any waterfront structure in excess of two hundred (200) square feet in area.
C.
Cortez Fishing Village Historical and Archaeological Overlay District. The removal, relocation, alteration, restoration, renovation, destruction or building of any structure or the excavation of any site, except for mobile homes and recreational vehicles located in the Cortez Trailer Park.
(Ord. No. 16-02 , § 3(Exh. A), 9-19-16)
347.2. Review Authority.
Unless the application meets criteria for administrative approval as adopted by the Historic Preservation Board by resolution, the Historic Preservation Board shall review all applications for a Certificate of Appropriateness.
347.3. Review Procedures.
A1.
Pre-Application Meeting. The applicant is strongly encouraged, but not required, to attend a pre-application meeting as provided for in Section 312.2.
A2.
Application Submittal. A person desiring a certificate of appropriateness shall submit a written application to the Department Director.
B.
Department Director Review. Upon receipt of the complete certificate of appropriateness application, the Department Director shall review and act on the application in accordance with subsection 347.3 if the request qualifies for administrative review based on the Overlay District, property listed with the National Register of Historic Places (listed after 01-01-17) and/or within a historic vista protection area and the type of work requested as set forth in subsection 347.2.
C.
Historic Preservation Board Review. Applications that do not qualify for administrative approval shall be forwarded to the Historic Preservation Board for review and approval subject to the provisions of Section 312.8.
D.
Criteria for Board Review. In approving or denying applications for certificates of appropriateness for alterations, new construction, demolition or relocation, the Historic Preservation Board shall consider:
1.
The relationship between such work and other structures in the landmark Historical and Archaeological Overlay District, property listed with the National Register of Historic Places (listed after 01-01-17), in a historic vista protection area or on the historic landmark;
2.
The effect of the proposed work on the Historical and Archaeological Overlay District, property listed on the National Register of Historic Places (listed after 01-01-17), in a historic vista protection area or historic landmark upon which such work is to be done;
3.
The extent to which the historic, architectural, or archaeological significance, architectural style, design, arrangement, texture, materials and color of the historic or archaeological landmark will be affected;
4.
Whether the denial of a certificate of appropriateness would deprive the property owner of reasonable beneficial use of his property; and
5.
Whether the plans may be reasonably carried out by the applicant.
E.
Additional Guidelines for Alterations.
1.
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
2.
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
3.
Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes which have acquired historic significance in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
9.
New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.
10.
New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment will be unimpaired.
F.
Additional Guidelines for New Construction. In approving or denying applications for Certificate of Appropriateness for new construction, the Historic Preservation Board shall also use the following additional guidelines:
1.
The height of the proposed building or structure shall be visually compatible with adjacent buildings and structures.
2.
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.
3.
The relationship of the width of the windows to the height of the windows in a building shall be visually compatible with buildings and places to which the building is visually related.
4.
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.
5.
The relationship of the building or structure to open space between it and adjoining buildings shall be visually compatible to the buildings and places to which it is visually related.
6.
The relationship of entrance and porch projections to sidewalks of a building shall be visually compatible to the buildings and places to which it is visually related.
7.
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.
8.
The roof shape of a building shall be visually compatible with the buildings to which it is visually related.
9.
Appurtenances of a building such as walls, wrought iron, fences, evergreen, landscape masses, building facades, shall, if necessary, form cohesive walls of enclosures along a street, to ensure visual compatibility of the building to the buildings and places to which it is visually related.
10.
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.
11.
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.
G.
Additional Requirements for Demolitions. No Certificate of Appropriateness for demolitions shall be issued by the Historic Preservation Board until one (1) or more of the following criteria have been met:
1.
The applicant has demonstrated that no other feasible alternative to demolition can be found.
2.
The portion of the structure being demolished has no historic value.
3.
The applicant has demonstrated a substantial economic hardship in that the property in the historic district cannot be put to reasonable beneficial use without the approval of the demolition application.
4.
In the case of an income-producing building, the applicant must demonstrate that he cannot obtain a reasonable return of economic investment from his existing structure.
5.
The Historic Preservation Board has determined that the property no longer contributes to a historic district or no longer has significance as a historical and archaeological landmark. The Historic Preservation Board must also determine that the applicant did not cause or allow a change in the historic character of the structure by alterations, improvements or neglect. Demolition by neglect is a violation of this section.
6.
The Historic Preservation Board may approve, deny or continue a decision for a period not to exceed one (1) year on an application for a Certificate of Appropriateness for demolition in order to:
a.
Contact interested individuals and organizations for assistance in seeking an alternative to demolition; or
b.
Allow an applicant to supply additional information as requested by the Historic Preservation Board which may include, but is not limited to, evidence showing that plans for a new building on the site will be implemented.
H.
Additional Guidelines for Relocation. When an applicant seeks to obtain a Certificate of Appropriateness for the relocation of an historic landmark, property listed on the National Register of Historic Places (listed after 01-01-17), a structure in the Historical and Archaeological Overlay District or in a historic vista protection area or wishes to relocate a building or structure to an historic landmark, to a property listed on the National Register of Historic Places or to a historic vista protection area or to a property in the Historical and Archaeological Overlay District, the Historic Preservation Board shall also consider the following: (1) the contribution the building or structure makes to its present setting; (2) whether there are definite plans for the site to be vacated; (3) whether the building or structure can be moved without significant damage to its physical integrity; and (4) the compatibility of the building or structure to its proposed site and adjacent properties.
1.
Upon receipt of the complete Certificate of Appropriateness application, the Planning Director shall forward it to the Historic Preservation Board, who will, within a reasonable period of time, meet to review and approve the application.
2.
The Historic Preservation Board may adopt procedures consistent with the criteria set forth in Section 347.3 which would allow review by the Planning Department without further review by the Historic Preservation Board for certain Certificates of Appropriateness so designated by the Historic Preservation Board.
I.
Fees. The application shall be accompanied by a Certificate of Appropriateness fee in an amount to be prescribed by the Board.
J.
Enforcement. Any alterations, renovations, restorations, excavations, movement, demolition or erection of structures on properties regulated under this section without approval of a Certificate of Appropriateness shall constitute a violation of this Code and be subject to the provisions of Section 106 of this Code.
K.
The Historic Preservation Board shall approve, deny, or approve with conditions Certificates of Appropriateness.
(Ord. No. 16-02 , § 3(Exh A), 9-19-16; Ord. No. 16-24 , § 3(Exh. A-1), 11-15-16)
347.4. Type of Review.
The determination regarding review of an application for a certificate of appropriateness by the Department Director (DD) or the Historic Preservation Board (HPB) shall be based on the Overlay District, the Historic Landmark, the property listed on the National Register of Historic Places (listed after 01-01-17) and/or the historic vista protection area the where the property or structure is located and the type of work requested in the application as follows:
;hn0; (Ord. No. 16-02 , § 3(Exh. A), 9-19-16)Type of Work Requested Review/Approval Entity All Historical and Archeological Overlay Districts, Historic Landmark, historic vista protection area and/or Listed with the National Register of Historic Places (listed after 01-01-17) Addition Ten percent (10%) or less of existing building square footage and consistent with existing building facade DD All Others HPB Carport (addition or enclosure) HPB Deck, patio or pergola With structure HPB Without structure DD Demolition HPB Door or garage door Same material, style and size DD Change in material (consistent with existing building) DD Change in opening HPB Exterior wall finish Removal of non-historic finish DD All other finishes HPB Relocation HPB Roof Same material DD Change in material HPB Shed DD Window Same material, style and size DD Change in material or style (consistent with existing building) DD All others HPB Cortez Excavation HPB New construction (on vacant lot) HPB Roof Repair or change in material (consistent with the Cortez Village Design Guidelines) DD Terra Ceia Dock (greater than 200 square feet) DD New construction (on vacant lot) N/A Whitfield New construction (on vacant lot) N/A 347.5. Administrative Review.
A.
No public hearing shall be required on any application for a certificate of appropriateness reviewed by the Department Director.
B.
Administrative approval based on compliance with Section 347 as listed above.
C.
Copies of the written decision of the Department Director regarding a certificate of appropriateness that qualifies for administrative review shall be provided by first-class mail to the owner of the property and structure.
D.
Any decision of the Department Director regarding a certificate of appropriateness that qualifies for administrative review may be reviewed by a court of competent jurisdiction upon petition by an aggrieved party in accordance with applicable law.
(Ord. No. 16-02 , § 3(Exh. A), 9-19-16)