Item B1 Chapter 135Monroe County Comprehensive Plan Update
Chapter 135 RESERAIED Historic and Cultural Resources
<The following text has been relocated from Chapter 134, Article III. Text shown as
existing is existing in Chapter 134 Article III.>
ARTICLE I-I. ARCHAEOLOGICAL, HISTORICAL OR CULTURAL LANDMARKS
Sec. 1 134 -52. Purpose.
It is hereby declared a matter of public policy that the protection and enhancement of properties
of historical, cultural, archeological, and architectural merit are in the interests of the
prosperity, and welfare of the people of the county. Therefore, this article is intended to:
(1) Effect and accomplish the protection and enhancement of buildings, structures,
improvements, landscape features, and archeological resources of sites and districts that
represent distinctive elements of the county's cultural, social, economic, political, scientific,
prehistoric, and architectural history;
(2) Safeguard the county's historical, cultural, archeological, and architectural heritage, as
embodied and reflected in such individual sites, districts, and archeological areas;
(3) Foster civic pride in the accomplishments of the past;
(4) Protect and enhance the county's attraction to visitors and thereby support and stimulate
the economy;
(5) Promote the use of individual sites and districts for the education, pleasure, and welfare of
the people of the county; and
(6) Acknowledge historic property with minimal cost to the property owner.
Sec. 135-2134 53. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Certificate of appropriateness means an authorization for work to be done to a designated
historic property or any property within the Tavernier Historic District A certificate of
appropriateness is not a building permit. A county building permit shall be issued prior to the
commencement of work on such property an histetw stm�� There are two types of
certificates:
(1) Regular certificate of appropriateness issued by the pPlanning dDirector for ordinary
repairs or maintenance to a designated historic property; and
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(2) Special certificate of appropriateness issued 4ifee4) the Hhistoric Ppreservation
c-Commission for the renovation, rehabilitation, restoration, or demolition of a designated
historic property, or for permission to dig in the case of an archeological landmark. All
renovation, rehabilitation, restoration, or demolition of designated historic public property
shall also be approved by the BOCC following
recommendation by the hHistoric Ppreservation c-Commission.
Contributing structure, in the Tavernier Historic District Preservation Guidelines, means the
property is listed in the National Register of Historic Places or the Florida Master Site File list of
historical structures, or is a BOCC beard of eettaty designated historical
propertyie-Ei.
Demolition means the complete constructive removal of a building, structure, or object on any
site.
Demolition by neglect means abandonment of a building or structure by the owner resulting in
such a state of deterioration that its self - destruction is inevitable, or where demolition of the
building or structure to remove a safety hazard is a likely result.
Designated historic property means a building, site, structure, or object that is designated by
BOCC resolution as an archeological, historical, or cultural landmark ,,,min accordance with
this article. This includes contributing structures within the Tavernier Historic District, which are
DroDerties listed in the National Register of Historic Places or the Florida Master Site File list of
historical structures.
Historic preservation commission, referred to in this article as the HPC, means the board of
citizens appointed by the BOCC to perform the functions
delegated to it by this article.
Improvement means changes in the condition of real property brought about by the expenditure
of labor or money for restoration, renovation, rehabilitation, or reconstruction, of desigiiated
hi
National Register of Historic Places means the list of historic properties significant in American
history, architecture, archeology, engineering, and culture, maintained by the Secretary of the
Interior, as established by the National Historic Preservation Act of 1966 (16 USCA 470), as
amended.
New building, in the Tavernier Historic District Preservation Guidelines, means new buildings
developed within the Tavernier hHistoric dDistrict.
Noncontributing structures-, in the Tavernier Historic District Preservation Guidelines, means an
existing buildings within the historic district that pis not recorded as historic and does not meet
the definition of contributing structure
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Ordinary repairs or maintenance means work done to prevent the deterioration of a building
or structure, or any part of a building or structure, by keeping the building or structure as nearly
as practicable to its condition before any deterioration, decay, or damage.
Reconstruction means that process of reproducing, by new construction, the exact form and
detail of a demolished building, structure, or object, as it appeared at a certain point in time.
Renovation or rehabilitation of historic sites, or the portions of those sites that have historical or
cultural significance, means the act or process of returning a property to a state of utility through
repair or alteration that makes possible an efficient contemporary use while preserving those
portions or features of the property that are significant to its historical, architectural, cultural, and
archeological values. For historic properties, or the historic portions of such properties that are of
archeological significance or that are severely deteriorated, the term "renovation or
rehabilitation" means the act or process of applying measures designed to sustain and protect the
existing form and integrity of a property, or re- establishing the stability of an unsafe or
deteriorated property while maintaining the essential form of the property as it presently exists.
Restoration means the act or process of accurately recovering the form and details of a historic
property and setting, as it appeared at a particular period of time, by means of the removal of
later work or by the replacement of missing earlier work.
Undue economic hardship means there are no reasonable economically beneficial uses of the
property for the owner. an ifiet:difiato btrt:den ^N t °e e of his r pet:tY ^hem
Sec. 135 -3 134 54. Historic pPreservation Coommsssion.
(a) Generally.
The Historic Preservation Commission (HPC) is a governmental agency of the county. The HPC
is vested with the authority to designate and regulate historica4 properties within the
unincorporated area of the county as prescribed in this article.
(b) Appointment and membership qualifications.
The HPC consists of five members appointed by the BOCC Each
member shall be a resident of the county at the time of appointment and during his term in office.
To the extent possible, the BOCC shall appoint four individuals
who are professionals in any of the disciplines of architecture, history, architectural history,
planning, archeology, or other historic preservation related disciplines such as urban planning,
American studies, cultural geography, or cultural anthropology. The d of ee �
BOCC shall also appoint one lay individual with a demonstrated special interest,
experience, or knowledge in history, architecture, archaeology, or related disciplines.
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(c) Membership removal, terms, and vacancies.
HPC members serve overlapping terms of three years. HPC members serve without
compensation, but are entitled to the reimbursement of expenses as provided in F.S. § 112.61 and
by ordinance. A member may be removed from office prior to the expiration of his term for
cause by a majority vote of the beat:d of &ief°rEBOCC However, a member will
automatically vacate his seat if the member fails to attend four meetings in a calendar year.
When a vacancy in office due to absence occurs, the beat:d of lsiefi°rsBOCC shall
appoint a replacement within 60 days to serve out the remainder of the vacated member's term,
;4t,' tin d
(d) Organization and administration.
The members of the HPC shall elect a chair and vice - chair, for a one -year term each. The chair
or, in the absence of the chair, the vice - chair, shall preside at all meetings and may vote. The
pPlanning dDirector shall designate staff to advise and provide clerical support to the HPC. The
HPC secretary, designated by the pPlanning ADirector, shall record and transcribe the minutes of
all commission meetings. The attorney assigned to the Ggrowth Mfanagement dDivision shall
be the attorney to the HPC. The pPlanning dDirector shall be the custodian of all HPC records.
The HPC shall meet at least once per month at a date and time established by the HPC, unless
there is no business pending. However, regardless of the lack of pending business, the HPC shall
meet at least six times during a calendar year. To the maximum extent practicable, HPC
meetings shall be held at locations throughout the Upper, Middle, and Lower Keys, that are
closest in proximity to the majority of discussion items on the agenda.
(e) Notice.
All public hearings (both HPC and BOCCJN & ��� required under this article shall be
noticed at least 15 days prior to the public hearing by published advertisement, posting of notice
on the subject property, and mailed notice to all owners of real property located within 300 feet
of the subject property, in accordance with sSection 110 -5.
(f) Public hearings.
Hearings required under this article shall be conducted in accordance with Section 110 -6(c).
(g) Powers and duties.
The HPC has the following powers and duties:
(1) Adopt and amend rules of procedure to the extent such that they are not inconsistent with
this ehaptef Development Code, the Comprehensive Plan or state laws;
(2) Make recommendations to the beard of ssiefi°rsBOCC Lo on requests to
designate historic property, and if necessary, make recommend to the BOCC on
proposed rescission of such designations;
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(3) Issue or deny special certificates of appropriateness in accordance with this article;
(4) To e Entertain appeals of the Pplanning Ddirector's denial of regular certificates of
appropriateness, and reporti g the HPC's findings to the pPlanning Ddirector for action;
(5) Determine whether a substantially damaged designated historic property b
may be reconstructed using the criteria set forth in Section 135 -
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(6 -7) Advise the pPlanning sCommission and the beafd of ee isietiefsBOCC on all
matters related to historic preservation policy, including the use, administration, and
maintenance of publicly -owned designated historic properties;
(7 -9) Recommend land development regulations, comprehensive plan amendments, and
bttildiiig municipal code amendments to the pPlanning dDirector to assist in the preservation
of historic properties;
(83) Make recommendations on nominations of historic property to the National Register of
Historic Places;
(94-9) Recommend to the BOCG financial and technical
incentive programs to further the objectives of historical preservation;
(10-�) Identifyii+g historical buildings,
sites, structures, objects, and archeological sites in the unincorporated areas of the county
which afe4oaay become part of the Florida Master Site File;
(11 -2) Promote the awareness of historic preservation and its community benefits;
(12 -3) Identify and recommend to the BOCC sources for grant
assistance from state, federal, and private sources for the purpose of historic preservation;
(134) Provide an annual report to the BOCC detailing the
actions of the histerie pt:esen,atiefi ,.,,,,,missieffflPC during the prior year and the current state
of historic preservation in the unincorporated area of the county;
(14 -5) Assist county staff in maintaining county certification from the state
historic preservation officer as a certified local government;
(156) M€ of toe 14PC and its staff sho'a Attend pertinent informational or educational
meetings, workshops, and conferences
Vie
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(16 -7) Seek expertise on matters requiring evaluation by professionals of a discipline not
represented; and
(17 -9) Perform any other duty assigned to it by the beat:d of 4eff°rsBOCC
Sec. 135 - 4 134 -55. Criteria for the dDesignation of hHistoric pProperties.
(a) The HPC may recommend the designation as historicftl property those buildings, sites,
structures, or objects that possess integrity of location, design, setting, materials, workmanship,
feeling, and /or association as follows:
(1) Propegy_ is m significant in the history of the county, the state, or the United States,
or is afe associated with events that are significant in the history of the county, the state or the
United States;
(2) Property that isafe associated with lives of individuals significant in the past;
(3) Property Tthat embod the distinctive characteristics of a type, period, or method of
construction, or that represents the work of a master, or that possesses high artistic values, or
that represents a significant and distinguishable entity whose components may lack individual
distinction; or
(4) Propegy hasty yielded or may be likely to yield information important in prehistory
or history.
(b) Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by
religious institutions or used for religious purposes, structures that have been moved from their
original locations, reconstructed historical buildings, properties primarily commemorative in
nature, and properties that have achieved significance within the past 50 years, may not be
recommended for designation as historice4 properties by the HPC. However, such properties may
be designated if they fall within the following categories:
(1) A religious property deriving primary significance from architectural or artistic distinction,
or historical importance;
(2) A building or structure removed from
primarily for architectural value, or which
associated with a* historic person or event;
its original location but which is significant
is the surviving structure most importantly
(3) A birthplace or grave of a historical figure of outstanding importance if there is no
appropriate site or building directly associated with his productive life;
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(4) A cemetery that derives its primary significance from the graves of individuals of
transcendent importance, from age, from distinctive design features, or from association with
historic events;
(5) A reconstructed building, when done in accordance with this article;
(6) A property primarily commemorative in intent if design, age, tradition, or symbolic value
has invested it with its own exceptional significance; or
(7) A property achieving significance in the past 50 years, if it is of exceptional importance.
Sec. 135 - 5 134 -56. Historic dDesignation pProcess.
(a) Initiation of historic designation process.
The designation process under this article shall be initiated by the submission of an application
requesting historic designation to the pPlanning and Environmental Resources dDepartment, on a
form prescribed by the pPlanning dDirector, by either the owner of the proposed historic
property or any third party with the concurrence of the owner.
(1) The pPlanning dDirector shall have 15 working days to determine if the application is
complete. If the pPlanning dDirector finds that the application is not complete, he shall serve
written notice to the applicant specifying the application's deficiencies. The pPlanning
dDirector shall take no further action on the application unless the deficiencies are remedied.
(2) If the pPlanning dDirector fails to make a determination of completeness within 15
working days, the application is deemed complete. However, it shall be the responsibility of
the aplicant to ensure any documentation required for designation is provided.
(3) Once the application is deemed complete, the pPlanning dDirector shall prepare a
designation report with recommendations for submittal to the histet4e presen
eemmiEis� and advertise and schedule a public hearing for consideration by the HPC of
the requested designation in a manner prescribed by Section 134 54 -3 (e) and (f).
(b) Action by the histerie r ° ° ,atie,, eemm on the proposed designation.
Following the conclusion of the public hearing, the HPC shall render, by written resolution, its
decision recommending approval or denial of a proposed historic property designation. The
resolution shall include the elements set forth in Ssection 110 -7(b). If the resolution is one
recommending approval of the designation, the resolution shall accurately describe all character -
defining elements of the property.
(c) Action by the BOCC
The BOCC shall hold a public hearing to consider the proposed
designation and recommendations of the HPC and the pPlanning Ddirector, and shall act to
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designate the property as a historic landmark or reject the proposed designation by way of
resolution. If the resolution designates the property as historic, the property owner shall be
furnished a copy of the beat:d of 6�e�BOCG resolution by certified mail after
its filing by the clerk of the circuit court.
(d) Reconstruction of substantially damaged historic sites.
(1) When a designated historic propertybtti� stfi���eobjeet,et: site has been
substantially damaged, the HPC shall determine through an evaluation of architectural
integrity, whether the building, structure, object, or site can be reconstructed using the
following criteria:
a. Whether there is sufficient evidence such as photo- documentation, measured drawings,
or other physical evidence to accurately depict the form and detail of the original resource;
b. Whether the original construction materials, or substitute materials that are sufficiently
similar so as to convey the original qualities of construction, are readily available;
c. Whether the interior spaces are especially significant to the form and function of the
building. If so, the HPC shall define the parameters necessary to adequately convey those
interior spatial characteristics as requirements in the reconstruction effort;
d. Whether the applicant has demonstrated a commitment to the reconstruction effort by
making every reasonable effort to preserve or salvage the remaining significant features of
the property; and
e. Whether there are other unique factors or circumstances that would make reconstruction
desirable.
(2) If the HPC determines that a designated historic rp opertX ,
object, of s ite may be reconstructed, the property owner may submit a reconstruction plan for
consideration based on the criteria enumerated in subsection (e) of this section. If the property
owner chooses not to reconstruct, the HPC may recommend rescission of the historic
designation using the procedure stipulated in subsection (f) of this section.
(e) Reconstruction criteria.
Reconstruction of a designated historic ro er a_4 a 4_ shall be carried out in accordance
with the following criteria:
(1) Reconstruction shall be used to depict nonsurviving portions of a property when such
reconstruction is essential to the public understanding of the property, and documentary and
physical evidence is available to permit accurate reconstruction.
(2) Reconstruction of a building, landscape, structure, or object in its historic location shall be
preceded by a thorough archeological investigation identifying and evaluating those features
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and artifacts, which are essential to an accurate reconstruction. If such resources must be
disturbed, mitigation measures shall be undertaken.
(3) Reconstruction shall include measures preserving any remaining historic materials,
features, and spatial relationships.
(4) Reconstruction shall be based on the accurate duplication of historic features and elements
substantiated by documentary or physical evidence rather than on conjectural designs or the
availability of different features from other historic properties. A reconstructed property shall
re- create the appearance of the nonsurviving historic property in materials, design, colors, and
texture.
(5) All reconstructions shall be clearly documented as being contemporary re- creations.
(f) Amendment or rescission of designation.
Ae historic designation may only be amended or rescinded by complying with the same
procedures as the original approval. However, the pPlanning dDirector's report need only contain
a recommendation to grant or deny the rescission or amendment, and the reasons therefor.
(1) The HPC resolution recommending rescission of the designation shall be based on
competent and substantial evidence supporting the rescission.
(2) Final approval of rescission shall come from the beat:d of 4ef°rsBOCC
(3) If rescission is the result of a request by the property owner, or fas --athe result of the
demolition of the historic structure by the property owner, the he;;d of eettaty
BOCC may revoke the ad valorem tax exemption as stipulated in sSection 4-34-
8.5-135 -35.
Sec. 135-6 57. Certificates of -aAppropriateness.
(a) Certificate of appropriateness required.
Except as provided herein, a building, moving, or demolition permit, or any other development
order, shall not be issued for a designated historic property or property within the Tavernier
h dDistrict eOverlay, until a certificate of appropriateness is awarded. A certificate of
appropriateness is not required for the issuance of any building permits for interior
improvements to a designated historic property or property within the Tavernier Historic District
Overlay unless the interior of the property is cited as significant in the property's designation
resolution. Within the Tavernier Historic District Overlay, contributing structures
noncontributing structures and new buildings as defined in toe m emiet: 14istet:ie z ei
shall require a
certificate of appropriateness as if they were a designated historic property and —.-A4I
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shall be reviewed by
the di tef of p Planning Director or the eettaty histefte pfesefyatiefsemmiss�HPC as
required, based on the Tavernier Historic District Preservation Guidelines. a eefti Bate
(b) Regular certificate of appropriateness.
A regular certificate of appropriateness is required for ordinary repair and maintenance that
requires a building permit, except as provided for in subsection (a) of this section. A regular
certificate shall be issued for any work that will, to the satisfaction of the pPlanning dDirector,
not change the appearance of the building, structure, or object. The owner of a designated
historic property who desires a regular certificate of appropriateness shall file an application with
the pPlanning and Environmental Resource dDepartment, on a form prescribed by the Pplanning
Ddirector. Upon the receipt of a complete application for a regular certificate of appropriateness,
the pPlanning dDirector shall approve the application, deny it, approve it with conditions, or pass
the application on to the HPC for further review. If the decision is to deny or pass the application
to the HPC, the pPlanning dDirector shall notify the owner of the decision by certified mail. A
denied application shall include an explanatory statement of the pPlanning dDirector's basis for
his decision. The pPlanning dDirector's decision may be appealed pursuant to -sSection 102 -185.
(c) Special certificate of appropriateness.
A special certificate of appropriateness shall be required prior to the issuance of a building
permit and shall be issued for any work involving substantial improvement, relocation, of
new construction or any work that will result in a change to the original appearance of a
designated historic property. The owner of a designated historic property who desires a special
certificate of appropriateness shall file an application with the pPlanning and Environmental
Resources dDepartment, on a form prescribed by the pPlanning dDirector. The application shall
contain the full plans and specifications, a site plan, and if deemed applicable, samples of any
materials necessary to fully describe the proposed appearance, colors, texture, materials, and
design of the building or structure, any outbuilding, wall, courtyard, fence, unique landscape
feature, paving, signage, and exterior lighting. The information shall be adequate to enable the
HPC to visualize the effect of the proposed work on the historic property. When the pPlanning
dDirector determines that the application is complete, he shall schedule and notice the
application for a public hearing before the HPC, in accordance with -sSection 135 -3 e
In determining whether to grant or deny the application, or grant it with conditions, the HPC
shall evaluate the application according to a set of guidelines based on the Secretary of the
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. At
the conclusion of the public hearing, the HPC shall, by written resolution., grant, deny, or grant
with conditions, the application. The resolution shall contain the elements set forth in -sSection
110 -7(b), together with an explanation of the basis for the HPC's decision. Upon the filing of the
resolution with the secretary to the HPC, the secretary shall send a ee copy of the
resolution by t:egi certified mail to the applicant.
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(d) Demolition.
A special certificate of appropriateness is required before a demolition permit may be issued for
the removal of all or a portion of a designated historic sitepigperty This subsection shall not
apply to a demolition order issued by a governmental agency with jurisdiction to issue such
orders, or a demolition order of a court of competent jurisdiction. If the owner of a designated
historic e-property desires to demolish any significant feature, he shall file an application for a
special certificate of appropriateness with the pPlanning and Environmental Resources
dDepartment, on a form prescribed by the pPlanning Director. The application shall detail the
reasons why demolition is necessary and shall provide detailed plans for the reuse of the historic
site.
(1) If undue economic hardship is claimed as the basis for demolition, the application shall
contain the following information:
a. The amount paid for the property, the date of purchase, and the party from whom it was
purchased;
b. The assessed value of the land and improvements thereon according to the two most recent
property tax assessments;
c. The amount of real estate taxes assessed for the previous two years;
d. The annual debt service, if any for the previous two years;
e. All appraisals obtained within the previous two years by the owner or applicant in
connection with the purchase, financing, or ownership of the property;
f. All listings of the property for sale or lease, including the price asked and any offers
received; and
g. Any profitable adaptive uses for the property that have been considered by the owner.
(2) If undue economic hardship is claimed for income - producing property, the application
shall include the following information:
a. The annual gross income from the property for the previous two years;
b. Itemized operating and maintenance expenses for the previous two years; and
c. The annual cash flow, if any, for the previous two years.
(3) When the pPlanning dDirector determines that the application is complete, he shall
schedule the application for a public hearing before the HPC and cause notice of the public
hearing to be given as required by section 135 -3(e) In determining whether to grant or deny
the application, the HPC shall evaluate the application according to the following standards:
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a. Whether the building or structure is of such design, craftsmanship, or materials that it could
be reproduced only with great difficulty or expense;
b. Whether the building or structure is one of the last remaining examples of its kind in the
neighborhood or county;
c. Whether retention of the building or structure would promote the general welfare of the
county by providing an opportunity for the study of local history or prehistory, architecture
and design, or by developing an understanding of the importance and value of a particular
cultural heritage;
d. Whether there are plans for the reuse of the property if the proposed demolition is carried
out, and the effect of those plans on the character of the surrounding area; and
e. Whether the denial of the application will result in an inordinate burden being placed on the
owner's use of the property.
(4) At the conclusion of the public hearing, the HPC shall, by written resolution, grant, grant
with conditions, or deny the application. The resolution shall contain the elements set forth in
sSection 110 -7(b), together with an explanation of the basis for the HPC's decision. Upon the
filing of the resolution with the secretary to the HPC, the secretary shall send a copy of the
resolution, by certified mail, to the applicant. If the HPC grants the application for a special
certificate for demolition, it may delay the effective date of the certificate for 90 days to allow
the HPC to take such steps as it deems necessary to preserve the historic property. Such steps
may include, but are not limited to, consultation with civic groups, public agencies, and
interested citizens, recommendations for the acquisition of the historic property by public or
private bodies or agencies, or moving the building or structure to another location. The delay
of the effective date of the resolution shall also extend the 30 -day appeal period as provided in
sSection 102 -185 and sChapter 102, - aArticle VI, to 120 days from the filing date of the
resolution with the secretary to the HPC
(e) Archeological landmark.
A special certificate of appropriateness is required before a building permit or other development
order may be issued for a designated historic property that contains an archeological landmark or
known archeological site. This subsection does not apply to digging or other excavation
conducted by entities devoted to scientific and archeological research or education, when
conducted solely for the purposes of research and education. An owner of an archeological
landmark or known archeological site, who desires to develop it, shall file an application for a
special certificate of appropriateness with the pPlanning and Environmental Resources
dDepartment, on a form prescribed by the pPlanning dDirector.
(1) The application shall describe in detail the development proposed for the archeological
landmark together with a proposed site plan. The application shall also contain the following:
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a. A scientific evaluation of the site by an archeologist (including excavation if determined
necessary by the archeologist) at the applicant's expense;
b. An archeological survey, conducted by an archeologist, containing an analysis of the impact of
the proposed development on the archeological site;
c. A proposal for mitigation measures; and
d. A proposed plan for the protection or preservation of all significant parts of the archeological
landmark.
(2) When the p Tanning dDirector determines that the application is complete, he shall schedule
the application for a public hearing before the HPC and cause notice of the public hearing to be
given as required by sSection 135 -3(e) In determining whether to grant, deny, or grant with
conditions, the application, the HPC shall consider the application according to the following
factors.
a. The extent to which the proposed development will alter, disturb, or destroy the archeological
landmark;
b. The rarity or significance of the archeological landmark is within the county;
c. Whether mitigation or a redesign of the proposed development will allow the archeological
landmark to be preserved intact while allowing the owner a reasonable economic return on his
property; and
d. Whether a denial of the application will result in an inordinate burden being placed on the
owner's use of his property.
(3) At the conclusion of the hearing, the HPC shall, by written resolution; grant, deny, or grant
with conditions, the application. The resolution shall contain the elements set forth in sSection
110 -7(b), together with an explanation of the HPC's decision. Upon the filing of the resolution
with the secretary to the HPC, the secretary shall send a copy of the resolution, by certified mail,
to the applicant.
Sec. 135 - 7 4-4-58. Nonconforming sStructures.
(a) Authority to continue.
Nonconforming structures that are designated historic properties shall be permitted to continue in
accordance with sSection 102 -57, except as provided below.
(b) Flood elevation requirements.
Structures that are designated historic properties shall be exempt from FEMA flood elevation
requirements in accordance with sSection 122- 4(b)(7).
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(c) Substantial improvements.
A nonconforming structure that is a designated historic property may be substantially improved
in accordance with the provisions of sSection 1 131-5 d , and if necessary, sSection 102 -
186(e). S
Sec. 135-8 59. Maintenance of dDesignated h1listoric pProperty.
(a) Nothing in this article shall be construed to prevent the ordinary maintenance, repair, or
improvement, which does not involve a change of design, appearance, or material, or prevent
ordinary maintenance of landscaping features.
(b) Where the HPC determines that a designated historic property
st is endangered by lack of maintenance and repair, it shall notify appropriate officials of the
county, so that the county may seek correction of such deficiencies under authority of applicable
laws and regulations.
(c) In the event the building official determines that any designated historic structure is unsafe,
he shall immediately notify the HPC of such findings. Where feasible within applicable laws and
regulations, the building official shall endeavor to have the structure repaired rather than
demolished and shall take into consideration any comments and recommendations of the HPC.
The HPC may take appropriate actions to effect and accomplish preservation of such structure
including, but not limited to, negotiations with the owner and other interested parties.
Sec. 135 - 9 13460. Appeals.
(a) Authority. The Division of Administrative Hearing (DOAH) shall have the authority to hear
and decide appeals from any decision by the HPC with respect to the provisions of this article
and the standards and procedures hereinafter set forth.
(b) Initiation. An appeal may be initiated by an owner, applicant, adjacent property owner, any
aggrieved or adversely affected person, as defined by F.S. § 163.3215(2), or any resident of real
property, from any decision by the HPC with respect to the provisions of this article.
(c) Procedures. A notice of appeal in the form prescribed by the Planning Director must be filed
with the county administrator and with the Planning and Environmental Resources Department
within 30 calendar days of the decision. Failure to file such appeal shall constitute a waiver of
any rights under this article to appeal any decision by the HPC with respect to the provisions of
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this article. Such notice shall be accompanied by the names and addresses of the owner,
applicant, property owner, and adjacent property owners. The filing of such notice of appeal will
require the HPC to forward to the BOCC any and all records concerning the subject matter of the
appeal and to send written notice of the meal to the owner, applicant, property owner, and
adjacent property owners, if different from the person filin the he appeal. Upon receipt of the
written notice of the meal, the County shall grant or deny the notice, and if granted, refer to the
DOAH with a request that an administrative law judge be assigned to conduct a hearing. The
request shall be accompanied by a copy of the petition and a copy of the notice of County action.
(d) Effect of f liLg an appeal. The filing of a notice of meal shall stay all permit activity and any
proceedings in furtherance of the action appealed unless the HPC certifies in writing to the
BOCC and the applicant that a stay_poses an imminent peril to life or property, in which case the
appeal shall not stay further permit activity and any proceedings. The BOCC shall review such
certification and grant or deny a stay of the proceedings.
e) Action ofDOAH. DOAH shall consider the anneal Dursuant to Rule 28- 106.201(3) F.A.C.
Sec. 135-10 61. Assignment of the pPlanning dDirector's dDuties and €Fees.
(a) The BOCC may enter into an agreement with the Historic
Florida Keys Foundation (the foundation) assigning to the foundation, some or all of, the duties
of the pPlanning dDirector under this article.
(b) The beat:d of isienet:s BOCC may, by resolution, establish a schedule of fees
for the applications and appeals provided for in this article.
Secs. 135 -11- 135 -3013 62 1 . Reserved.
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<The following text has been relocated from Chapter 134, Article IV. Text shown as
existing is existing in Chapter 134 Article IV.>
ARTICLE IIV. AD VALOREM TAX EXEMPTION FOR IMPROVEMENTS TO
HISTORIC PROPERTIES
Sec. 135-31134 81. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Division means the Division of Historical Resources of the Florida Department of State.
Foundation means the Historic Florida Keys Foundation.
Historic property means a building, site, structure or object that is designated as an
archeological, historical or cultural landmark under aArticle III of this chapter.
Improvements mean changes in the condition of real property brought about by the expenditure
of labor or money for the restoration, renovation or rehabilitation of historic properties.
Improvements include additions and accessory structures (e.g., a garage) necessary for efficient
contemporary use.
Renovation or rehabilitation, for historic properties, or the portion of those properties that have
historical or cultural significance, means the act or process of returning a property to a state of
utility through repair or alteration that makes possible an efficient contemporary use while
preserving those portions or features of the property that are significant to its historical,
architectural, cultural and archeological values. For historic properties, or the historic portions of
such properties that are of archeological significance or that are severely deteriorated, renovation
or rehabilitation means the act or process of applying measures designed to sustain and protect
the existing form and integrity of a property, or re- establish the stability of an unsafe or
deteriorated property while maintaining the essential form of the property as it presently exists.
Restoration means the act or process of accurately recovering the form and details of a historic
property and setting as it appeared at a particular period of time by means of the removal of later
work or by the replacement of missing earlier work.
Sec. 135-32 82. Ad Valorem t eExemption &Authorized for Hmprovements to
Hhistoric PProperties.
The beaf of ee may grant an ad valorem tax exemption of 100
percent of the assessed value of all improvements that result from the restoration, renovation, or
rehabilitation of such properties, after the board's receipt of a recommendation from the division
as provided elsewhere in this article. The exemption only applies to real property and only to
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taxes levied by the BOCC beafd of ee isietiefs. The exemption does not apply to any
taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to
sSection- 9(b) or sSection- 12, aArticle- VII, Fla. Const. In order for the improvements to historic
property to qualify for the ad valorem tax exemption, the improvements must have been made on
or after the effective date of the ordinance from which this article is derived. All exemptions
granted under this article will be for a term of ten years.
Sec. 135-33 83. Properties eEligible for the &Ad vValorem tTax eExemption;
PProcedure for eObtaining the eExemption.
(a) Only property described as historic property in sSection 134 - 81 -31 and located within the
unincorporated county is eligible for an application for the ad valorem tax exemption authorized
by 6Section 134 82 -82
(b) The division is hereby designated as the representative of the BOCC
eemmissietiefs for reviewing applications for the tax exemption authorized by Ssection 4-34-
92 -32 The foundation is hereby designed as the representative of the of ,.,,,,,,ty
BOCC for receiving tax exemption applications and forwarding those
applications to the division. The foundation is also designated as the representative of the bead
BOCC for the purpose of receiving division recommendations and
forwarding those recommendations to the BOCC d of eo my eemmis ieaet All
applications for ad valorem tax exemptions submitted to the foundation pursuant to this article
must be accompanied by a $100.00 application fee payable to foundation to cover the costs of
review and assistance to the applicant. The BOCC beafd of ee isietiefs reserves the
right to monitor the use of the application fees received by the foundation in order to ensure that
those funds are used for the purpose authorized by this article.
(c) The standards for the review, recommendation, and approval or denial of ad valorem tax
exemption applications are set forth in F.A.C. 1A- 38.0031A - 38.005. Those rules are hereby
incorporated into this article by reference.
(d) Any person that desires an ad valorem tax exemption for improvements to historic properties
must, before commencing construction, file with the foundation the preconstruction portion of
the division's two -part Historic Preservation Property Tax Exemption Application (DOS Form
No. HR3E101292 or any substitute form designated by the division). Once the foundation staff
determines that the preconstruction application is complete, the staff must promptly forward the
application to the division for review and comment. If determined to be incomplete, the
application must be returned to the applicant for correction. However, if an applicant requests
that his application be forwarded to the division, although the foundation staff determined that
the application is incomplete, then the staff must forward the application to the division along
with a memorandum that notes the deficiencies determined by the staff.
(e) Once the division receives a preconstruction application from the foundation staff, the
division must review the application pursuant to the procedures and standards set forth in F.A.C.
1A- 38.0031A - 38.005. Written copies of the division's recommendations must be sent to the
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applicant and the foundation. If the division's recommendation finds that the proposed work is
inconsistent with the standards of F.A.C. 1A- 38.005, then the foundation staff is directed to
assist the applicant in making any of the recommended corrections to the proposed work
recommended but only to the extent that the foundation staff is professionally qualified to do so.
Failure of the applicant to correct the planned work, as recommended by the division, may result
in the denial of the ad valorem tax exemption by the BOCCbeat: of !S ieflefs when
the work is finally completed.
(f) When the applicant has completed the work, the applicant must file with the foundation the
request for review of completed work (request for review) portion of DOS form described in
subsection (d) of this section, together with any supporting materials required by the division. If
the foundation staff determines that the request for review is complete, then the staff must
promptly forward it to the division for review and recommendation. If the request for review is
determined to be incomplete by the foundation staff, then it must be returned to the applicant for
correction. However, if an applicant requests that his application be forwarded to the division,
although the foundation staff determined that the request for review is incomplete, then the staff
must forward the request to the division along with a memorandum that notes the deficiencies
determined by staff.
(g) When the division receives a request for review, the division must review the request
pursuant to the procedures and standards set forth in F.A.C. 1A- 38.0031A - 38.005. On
completion of its review of a request for review of completed work, the division must
recommend to the BOCCbeat: of ;s iefiet:s that they grant or deny the ad valorem
tax exemption. The recommendation, and the reasons therefore, must be provided in writing by
the division to the applicant and the foundation. A recommendation to grant the exemption
constitutes certification by the division that the property for which the exemption is sought meets
the requirements of F.A.C. 1A- 38.0031A - 38.005, F.S. § 196.1997(11)(a), and this article.
Upon receipt of the division's recommendation, the foundation staff must forward the
recommendation, together with the entire application, to the county administrator's office for
placement on the public hearing agenda of the BOCC . If the
division's recommendation is to deny the ad valorem tax exemption, and the applicant timely
elects to pursue F.S. e-�, Chapter 120, administrative appeal of that recommendation, then the
BOCCbeat: of ;s iefiet:s may not take any action on the recommendation until the
final resolution of the appeal.
(h) At the scheduled public hearing, a majority vote of the BOCC
may, by written resolution, grant or deny the application for an exemption from ad valorem taxes
authorized by Section 135 - 32 134 82. If granted, the resolution must contain the following:
(1) The name of the owner, the address of the historic property and the legal description of the
property, for which the exemption is granted;
(2) The effective date of the ten -year exemption; and
(3) A finding that the exemption meets the requirements of F.S. § 196.1997, F.A.C. 1A- 38.003
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1A- 38.005, and this article.
If denied, the written resolution must state the reasons for the denial.
(i) Before the effective date of the exemption, and as a condition precedent to the exemption
taking effect, the owner of property must execute the historic preservation property tax
exemption covenant and record the covenant with the deed for the property in the official records
of the county. The historic preservation property tax exemption covenant is incorporated into this
article by reference.
Sec. 135-34 84. Additional &Ad vValorem 4Tax eExemptions for pProperties &Open to
the pPublic.
If an improvement qualifies as a historic property for an ad valorem exemption under sSection
135 - 32 134 82, the property is used for nonprofit or governmental purposes as set forth in F.A.C.
1A- 38004(4), and the property is regularly and frequently open for the public's visitation, use,
and benefit as set forth in F.A.C. IA- 38.004(5), then the BOCCbeat:d of siefl° s is
authorized to grant an exemption from ad valorem taxation of up to 100 percent of the assessed
value of the property, as improved, if all the other applicable provisions of sSections 135-324-34 -
K— and 135-33134 83 are complied with; provided, however, the assessed value of the
improvements must be equal to at least 50 percent of the total assessed value of the property as
improved. The exemption provided for in this section applies only to real property to which
improvements are made by or for the use of the existing owner. In order for the property to
qualify for the exemption provided for in this section, any such improvements must be made on
or after the effective date of the ordinance from which this article is derived.
Sec. 135-35 85. Loss of eExemption.
(a) The BOCC may revoke an ad valorem tax exemption granted
pursuant to this article if:
(1) The owner is in violation of the historic preservation tax exemption covenant;
(2) The property has been damaged by accident or natural causes to the extent that the historic
integrity of the features, materials, appearance, workmanship and environment, or archaeological
integrity that made the property eligible for designation under A -article III of this chapter, have
been lost or so damaged that restoration is not feasible; or
(3) In the case of an exemption granted pursuant to Ssection 134 84 -34 the property is sold
or otherwise transferred from the owner who made the application and was granted the
exemption or the property no longer meets the requirements set forth in sSection 135 - 34 134 84
and F.A.C. 1A- 38.004(4) and (5).
(b) If the c-County &Administrator determines that an event described in subsection (a)(1), (a)(2)
or (a)(3) of this section has occurred, he must schedule a public hearing before the BOCC beat:d
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requesting that the board revoke the ad valorem tax exemption. The
administrator must furnish the property owner with a written notice of the hearing, stating the
time, date and place of the hearing, together with a written summary of the reason that the
revocation is being requested, and a statement that the owner will have an opportunity to be
heard and to present witnesses or offer other evidence as to why the exemption should not be
revoked. The hearing before the beard of eettaty eema4s-°r�BQCC may be informally
conducted. At the hearing, the county administrator (or designee) and the property owner (or
designee) may present witnesses or other evidence they believe is relevant. Although the formal
rules of evidence will not apply, the mayor may reject proffered testimony or evidence that is
irrelevant or repetitive. Following the hearing, the BQCCbeat:d of eettaty may,
by majority vote, revoke the exemption, in which case the exemption shall no longer be in effect,
or the board may determine that the events described in subsection (a)(1), (a)(2) or (a)(3) of this
section did not occur or, if they did occur, were insufficient to justify revoking the exemption, in
which case the exemption will remain in effect. All determinations made by the BOCC beat:d ef
pursuant to this section must be memorialized in a written resolution.
Sec. 135 - 36 134 -86. Ad vValorem tTax eExemption r-Resolutions to be € to the
.pProperty oAppraiser.
The clerk, on behalf of the BOCC , must deliver a certified copy
of each resolution granting or revoking a historic preservation ad valorem tax exemption to the
property appraiser. Upon certification of the assessment roll, or recertification, if applicable
pursuant to F.S. § 193.122, for each fiscal year for which this article is in effect, the property
appraiser, must report the following information to the BQCCbeat:d of
(1) The total taxable value of all property within the county for the current fiscal year; and
(2) The total exempted value of all property within the county that has been approved to receive
historic preservation ad valorem exemption for the current fiscal year.
Sec. 135-37 4-34-8-7. Article nNonexclusive.
This article authorizes ad valorem tax exemptions for improvements to historic property and a
procedure for the BQCCbeat:d of is iefiet:s to grant such exemptions. This article
does not supersede, or in any way excuse compliance with, any county ordinance regulating the
use of land or the construction, repair or renovation, of buildings, or other structures.
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