§ 710. Historic Landmark Designation.

710.1.   Authority.

The Historic Preservation Board shall have the authority to recommend to the Board that sites, structures, objects or districts be granted historic landmark designation. The Board shall have final authority for such designation and listing. The members of the Historic Preservation Board are encouraged to participate in survey and planning activities of the County in the manner and to the extent permitted under applicable law.

(Ord. No. 16-02 , § 4(Exh. B), 9-19-16)

710.2.   Purpose.

The purpose of historic landmark designation is to maintain a list of sites, structures, objects and districts that are significant to the history of the County. Landmark designation also provides recognition to property owners for their efforts in preserving the heritage of the County.

(Ord. No. 16-02 , § 4(Exh. B), 9-19-16)

710.3.   Criteria.

A site, structure, object or district may be considered for historic landmark designation if it is significantly associated with the history, architecture, archaeology, engineering or cultural heritage of the County. A site, structure, object, or district must also have integrity in at least two (2) of the following attributes: location, design, setting, materials, workmanship, feeling and association. In addition to attributes of integrity, a site, structure, object or district must meet one (1) or more of the following criteria to be considered for historic landmark designation:

A.

The site, structure, object or district is listed in the National Register of Historic Places.

B.

The site, structure, object or district is associated with events that have made a significant contribution to broad patterns of local, regional, state or national history.

C.

The site, structure, object or district is associated with the lives of persons significant in local, regional, state, or national history.

D.

The site, structure, object or district embodies the distinctive architectural characteristics of a type, period or method of construction, or represents the work of a master builder, architect or designer, or possesses high artistic values, or represents a significant and distinguishable entity whose components lack individual distinction.

E.

The site, structure, object or district has yielded or is likely to yield important archeological information related to history or prehistory.

F.

The site, structure, object or building has been removed from its original location but is significant primarily for its architectural value or is the only surviving site, structure, object or building significantly associated with a historic person or event.

G.

The site is a cemetery which derives its primary significance from age, distinctive design features, or association with historic events or cultural patterns.

(Ord. No. 16-02 , § 4(Exh. B), 9-19-16)

710.4.   Procedures.

Historic landmark designation shall comply with the requirements and procedures set forth in this subsection.

A.

Applicant. An application for historic landmark designation shall be filed by the property owner.

B.

Application. The applicant shall complete an application form and submit the form and documentation to the Department Director. The applicant shall pay a fee in an amount established by the Board at the time the application for historic landmark designation is submitted. The Department Director shall determine when an application is complete and may request additional information if the application is determined to be incomplete.

1.

Each application shall contain the following information:

a.

A written description of the architectural, historical or archaeological significance of the proposed site, structure, object or district referring to the criteria set forth in subsection 710.3, above. The written report shall state the qualifications of the site, structure, object or district for historic landmark designation;

b.

The date of construction of the site, structure, object or district;

c.

The notarized signatures of the property owners requesting the historic landmark designation;

d.

Photographs of the site, structure, object or district; and

e.

The legal description and a map of the property encompassing the site, structure, object or district.

2.

An application for a historic district shall include the following additional information:

a.

Evidence of approval of the historic district designation from the owners of two-thirds of the properties within the proposed district boundaries or from the owner or owners of two-thirds of the land area within the proposed district boundaries;

b.

A written description of the boundaries of the proposed historic district; and

c.

A list of contributing and non-contributing sites, structures and objects within the proposed district boundaries.

C.

Notices. All notices relating to applications for historic landmark designation shall be published, mailed and posted not less than thirty (30) calendar days and not more than seventy-five (75) calendar days prior to any public hearing by the Historic Preservation Board or the Board. Notice of public hearing shall be published in compliance with the requirements of Section 312.7 of this Code. Notice shall be mailed by the applicant to all owners of the proposed site, structure or object or all property owners within the proposed district boundaries, any persons representing the owners of the proposed site, structure or object or any persons representing any property owners within the proposed district boundaries, and all property owners located within one thousand (1,000) feet of the proposed site, structure, object or district in compliance with the requirements of Section 312.7.B of this Code. Notice shall also be posted by the applicant on the property where the proposed site, structure or object is located and on the right-of-way of all roads and streets which enter the boundaries of the proposed district in compliance with the requirements of Section 312.7.D of this Code. The applicant shall pay all costs for publishing, mailing and posting the notices required by this paragraph.

D.

Recommendation. The Historic Preservation Board shall hold a public hearing on an application for historic landmark designation within ninety (90) days after the Department Director determines that such application is complete, provided that notices have been published, mailed and posted as required by Section 710.4.C above. The Department Director shall prepare a written analysis and report for the public hearing. The public hearing by the Historic Preservation Board shall be conducted in accordance with section 303.3 of this Code. In addition, the requirements of Section 342.4.C of this Code shall also apply to any public hearing conducted by the Historic Preservation Board. The applicant, local officials, property owners and the public shall have an opportunity to present testimony and evidence supporting or objecting to the proposed historic landmark designation. Any property owner who objects to the proposed historic landmark designation must submit a written statement containing his or her notarized signature. At the conclusion of the public hearing, the Historic Preservation Board shall vote whether to recommend the proposed site, structure, object or district for historic landmark designation.

(Ord. No. 16-02 , § 4(Exh. B), 9-19-16)

710.5.   Decision.

Following a recommendation by the Historic Preservation Board on an application for historic landmark designation the Board shall hold a public hearing on the application. The requirements of section 342.4.C of this Code shall apply to any public hearing conducted by the Board. At the conclusion of the public hearing, the Board may approve or deny the recommendation of the Historic Preservation Board or may continue the public hearing and defer a decision if adequate information is not available. In the event of continuation and deferral, the Board shall reopen the public hearing and consider the recommendation of the Historic Preservation Board at the earliest opportunity after adequate information is made available. The Department Director shall notify each applicant, property owner, person representing any property owner and person who received notice as required by Section 710.4.C above of the Board's decision relating to the property in writing no later than thirty (30) days after the Board meeting.

(Ord. No. 16-02 , § 4(Exh. B), 9-19-16)

710.6.   Permits.

The Department Director may issue a development order or permit for any property without a Certificate of Appropriateness if the Board denies a recommendation by the Historic Preservation Board on an application or if an applicant withdraws an application for historic landmark designation before a decision is made by the Board. Following approval by the Board of a recommendation by the Historic Preservation Board on an application for historic landmark designation, the Department Director shall not issue a development order or permit for any exterior alteration, new construction, demolition, or relocation on the property or within the district which is the subject of the application until a Certificate of Appropriateness is approved in compliance with Section 347 of this Code.

(Ord. No. 16-02 , § 4(Exh. B), 9-19-16)

710.7.   Implementation.

If the Board approves the recommendation of the Historic Preservation Board relating to the site, structure, object or district, the Department Director shall take appropriate action to implement the historic landmark designation.

A.

The Department Director shall be authorized to issue a permit for a sign or plaque identifying any site, structure, object or district approved with a historic landmark designation, provided that the owner of the site, structure or object or any property owner within the district submits an application and pays a fee established by the Board for a sign permit and provided that the sign or plaque is constructed or installed in compliance with this Code and the Florida Building Code.

B.

The Department Director shall be authorized to process applications and prepare staff reports for land development incentives to preserve any site, structure, object or district approved with a historic landmark designation, including, but not limited to, variances, transfer of development rights, and Special Permits, provided that the owner of the site, structure or object or any property owner within the district submits an application, pays a fee established by the Board, and complies with all requirements and procedures for such actions set forth in this Code.

C.

The Department Director shall not issue a permit for demolition, alteration, relocation or construction activities on any site, structure or object or within any district approved with a historic landmark designation except in compliance with a Certificate of Appropriateness issued pursuant to Section 347 of this Code.

D.

The Department Director shall list any site, structure, object or district approved with a historic landmark designation with the Florida Master Site File (FMSF) and State Historic Preservation Officer (SHPO).

E.

The Department Director shall update the complete listing of the Historic Landmark Designations for Manatee County, as amended.

(Ord. No. 16-02 , § 4(Exh. B), 9-19-16)