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ORDINANCE NO. 2007- _________
AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA,
AMENDING CITY OF TAMPA CODE OF ORDINANCES,
CHAPTER 27, ARTICLE IX. HISTORIC PRESERVATION.
DIVISION 3. CITY OF TAMPA PRESERVATION BOARD;
REPEALING AND REPLACING SECTION 27-230 IN ITS
ENTIRETY; REPEALING SECTION 27-231 IN ITS
ENTIRETY; CREATING SECTION 27-231.1. POWERS
AND DUTIES OF THE HPC AND HPC STAFF; CREATING
SECTION 27-231.2. PROPOSED ADDITIONS TO THE
NATIONAL
REGISTER
OF
HISTORIC
PLACES;
CREATING SECTION 27-231.3. LOCAL DESIGNATION
OF LANDMARKS, LANDMARK SITES, MULTIPLE
PROPERTY
DESIGNATIONS,
AND
HISTORIC
DISTRICTS; CREATING SECTION 27-231.4. CRITERIA
TO QUALIFY AS A LANDMARK, LANDMARK SITE,
MULTIPLE PROPERTY DESIGNATION, OR HISTORIC
DISTRICT; CREATING SECTION 27-231.5. LANDMARK
SITE; CREATING SECTION 27-231.6, ECONOMIC
HARDSHIP;
CREATING
SECTION
27-231.7.
EMERGENCY ACTIONS TO PROTECT BUILDINGS,
SITES, STRUCTURES, OR OBJECTS MEETING THE
CRITERIA FOR DESIGNATION; CREATING SECTION 27231.8.
APPLICATIONS
TO
REVIEW
INITIAL
DESIGNATION
OF
CONTRIBUTING
STATUS,
REDESIGNATION OF BUILDINGS, STRUCTURES, OR
OBJECTS RELOCATED INTO OR WITHIN HISTORIC
DISTRICTS AND CHANGE IN DESIGNATION STATUS OF
BUILDING,
STRUCTURE,
OR
OBJECT
AS
CONTRIBUTING OR NONCONTRIBUTING; CREATING
SECTION 27-231.9. NOTICES; CREATING SECTION 27231.10. APPEAL FROM DECISION OF THE HPC;
CREATING SECTION 27-231.11. DESIGN GUIDELINES;
CREATING
SECTION
27-231.12.
WORKPLAN;
CREATING
SECTION
27-231.13.
PROPERTY
MAINTENANCE REQUIRED; CREATING SECTION 27231.14, INTERSTATE HISTORIC PRESERVATION TRUST
FUND; AMENDING SECTION 27-523. DEFINITIONS.;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Sections 27-230 and 27-231, City of Tampa Code of Ordinances
(“Code”), establish the City of Tampa’s Historic Preservation Commission including
the Commission’s powers and duties;
WHEREAS, the City Council of the City of Tampa desires to make
comprehensive revisions to the aforementioned sections of the Code;
WHEREAS, the Hillsborough County City-County Planning Commission
conducted a public hearing on this ordinance and made a finding that it is consistent
with the Tampa Comprehensive Plan;
WHEREAS, the City Council of the City of Tampa has determined that the
following amendments promote and protect the general health, safety, and welfare
of the residents of the City of Tampa; and,
WHEREAS, duly noticed public hearings as required by law were held by the
City Council of the City of Tampa at which public hearings all residents and
interested persons were given an opportunity to be heard.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF TAMPA, FLORIDA:
Section 1.
That the recitals set forth above are hereby incorporated as if fully
set forth herein.
Section 2.
That Section 27-230. City of Tampa Preservation Board. is
hereby repealed in its entirety.
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Section 3.
That Section 27-230. Historic Preservation Commission –
Generally. is hereby created as follows:
“Sec. 27-230. Historic Preservation Commission - Generally.
(a)
Creation. There is hereby established the Historic Preservation Commission (HPC) of
the city which shall consist of seven (7) members and two (2) alternate members.
Four (4) members and one (1) alternate member shall be appointed by the Mayor and
approved by the City Council and three (3) members and one (1) alternate member
shall be appointed by the City Council. The members shall have a demonstrated
interest, competence, experience or knowledge in historic preservation, architecture,
history, architectural history, planning, archaeology, development, real estate
appraisals, real estate marketing, law or other related disciplines. Four (4) of the
members shall be architects, architectural historians, historic preservationists, urban
planners, historians or archaeologists with at least one (1) architect and one (1)
architectural historian or historic preservationist.
(b)
Term and eligibility.
All appointments shall be made for terms of three (3) years. No
member, including alternate members, shall serve more than two (2) consecutive
terms on the HPC. Appointments to fill a vacancy shall be for the unexpired term of
office, which term shall not count toward the two (2) consecutive term limit. Upon the
expiration of a term, members may continue to serve until replaced by the appropriate
appointing authority. Upon the expiration of a term and replacement by the appropriate
appointing authority, a former member is not eligible to be re-appointed to the HPC
unless a minimum of one (1) year has transpired. Members of the HPC shall be
residents of the City of Tampa. Any member who misses three (3) consecutive regular
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meetings or more than half of the regular meetings in a calendar year shall be
automatically removed from the HPC, unless such absence is approved by the
chairman.
(c)
Officers. The HPC shall each year elect members to serve as chair and vice-chair.
The chair shall preside at meetings of the HPC and shall have the right to vote. In the
absence or disability of the chair, the vice-chair shall perform the duties of the chair. In
the absence or disability of the chair and vice-chair, a temporary chair shall be elected
on an as-needed basis from the members present.
(d)
Staff. There shall be an administrator, who shall be designated by the Director of
Growth Management and Development Services, who shall be responsible to assist
the HPC in the implementation of its duties as provided in Section 27-231.1, Powers
and duties of the HPC and HPC staff. The HPC administrator and staff shall be
comprised of individuals who have no membership affiliation with historic preservation
boards or local preservation related organizations. The HPC administrator and staff
shall act in an impartial manner in all matters involving the HPC. Except with respect
to being compensated by the city for carrying out their official duties, the HPC
administrator and staff shall be prohibited from receiving any remuneration in
connection with any matters that are filed with the HPC. Except with respect to their
official duties, the HPC administrator and staff shall not participate in activities relating
to matters filed with the HPC.
(e)
Meetings. The HPC shall meet at least quarterly at a regularly scheduled time with
advance notice given and an agenda available prior to the meeting. The chairman
may cancel a regularly scheduled meeting if there is no business or quorum to conduct
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the meeting. If a meeting is cancelled due to a lack of quorum, all matters on the
agenda shall automatically carry over to the next regularly scheduled public meeting
unless addressed sooner at an emergency meeting.
Additional meetings may be
called by the chairman or upon the request of four (4) members of the HPC. All
meetings of the HPC shall be open to the public. Applicants shall be given notice of
the HPC’s meetings, as required pursuant to Section 27-231.9, and its decisions on
their applications.
(f)
Rules of procedure. The HPC shall adopt and make public rules for the transaction of
its business. A quorum shall consist of four members of the HPC. A majority of those
HPC members present shall be required for official action.
(g)
Minutes and annual report. The HPC staff and administration shall prepare and keep
on file, available for public inspection, minutes of its meetings and a written annual
report to the mayor and City Council of its activities, cases, decisions, workplan,
qualification of members and other work. The minutes shall include the reasons for
the decisions of the HPC.
(h)
Compensation. The members of the HPC shall not be entitled to compensation,
pension, or other retirement benefits by virtue of serving on the HPC, but shall be
entitled to receive their travel expenses and other actual HPC expenses, as approved
by the Director of Growth Management and Development Services, while outside of
the city which are incurred in the performance of their duties of office in an amount
equal to and computed in the same manner as the amount allowed to officials of the
City of Tampa for travel and subsistence while traveling on public business.
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(i)
Conflict of interest. HPC members shall comply with the state code of ethics and the
city code of ethics, as applicable, to appointed officials. Any member who abstains
from voting due to a conflict of interest shall not be considered as part of the total
membership for that vote.
(j)
Affiliation. Members of the HPC shall have no membership affiliation with local historic
preservation boards or local preservation related organizations.”
Section 4.
That Section 27-231. Powers and duties of the HPC. is hereby
repealed in its entirety and re-numbered as Sections 27-231.1 through 27-231.13 as
depicted in Sections 5 through 17 of this Ordinance.
Section 5.
That Section 27-231.1. Powers and duties of HPC and HPC
staff. is hereby created as follows:
“Sec. 27-231.1. Powers and duties of the HPC and HPC staff.
(a) Power and duties of the HPC.
(1) Adopt rules for the conduct of its meetings;
(2) Develop an annual work program including survey and research activities, the
development of design guidelines, training and education programs and
appropriate staffing levels;
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(3) Develop and recommend to City Council design guidelines for designated historic
districts, multiple property designations, landmarks and landmark sites, after
obtaining a recommendation from the applicable design review commission;
(4) Work with and advise the federal, state, and county governments and other
departments or commissions of city government regarding issues related to historic
preservation within the city;
(5) Review the provisions of this chapter and other city ordinances and regulations,
including the Tampa Comprehensive Plan, in order to recommend amendments that
will promote the preservation of landmarks, landmark sites, multiple property
designations, and historic districts;
(6) Review and advise in the preparation of National Register of Historic Places
proposals;
(7) Review and make recommendations to City Council on nominations received by
the HPC for the designation of landmarks, landmark sites, multiple property
designations, and historic districts;
(8) Advise the city in the administration of the city's certified local government program,
including other responsibilities that may be delegated to the city under the National
Historic Preservation Act of 1966, as amended from time to time;
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(9) Advise the city in the administration of the designated historic landmarks, landmark
sites, and contributing buildings in historic districts and multiple property
designations owned by the city;
(10) Report violations of the City Historic Preservation Ordinance to the appropriate
city department for action;
(11) Review initial designations of contributing status and change in status when
requested to do so by an applicant;
(12) Review demolition permit applications for historic properties located within the city
excluding those which fall under the jurisdiction of the Architectural Review
Commission (“ARC”) or the Barrio Latino Commission (“BLC”);
(13) Direct HPC administrator and staff to regularly update the official historic district
building inventory to include all amendments or recissions to designations that do
not result in changes to the perimeter boundary of a historic district; and
(14) Make any recommendation regarding preservation issues; and,
(15) Exercise such other powers and perform such other duties as are required
elsewhere by this chapter, this code and state statutes.
(b) Duties of the HPC administrator and staff.
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(1) Administer a community outreach program for historic preservation, including, but
not limited to, undertaking educational and research programs including acting as
the custodian of the city’s historic preservation documentation, maps, materials,
and archives, the Tampa Historic Register, collecting historic preservation records
and photographs, preparing publications on historic preservation, and providing
educational materials, seminars and advice to historic districts and neighborhood
and civic groups on historic preservation.
(2) Review and advise in the preparation of applications for historic preservation
oriented grants and advise the city on the use of funds obtained from public and
private sources to be used for the preservation of historic property or for
educational or research purposes in accordance with federal, state and city
regulations.
(3) Assist in the implementation and administration of the Interstate Historic
Preservation Trust Fund.
(4) Perform such other duties as are required elsewhere by this chapter, this code
and state statutes.”
Section 6.
That Section 27-231.2. Proposed Additions to the National
Register of Historic Places. is hereby created as follows:
“Sec. 27-231.2. Proposed Additions to the National Register of Historic Places.
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(a)
Proposed Additions to the National Register of Historic Places. Under the Florida
Certified Local Government Guidelines, published by the Florida Department of State,
Division of Historical Resources, Bureau of Historic Preservation, the city is delegated
the responsibility to review and, if deemed appropriate, to comment on proposed
additions to the National Register of Historic Places.
(b)
Review by the HPC. The HPC may obtain comments from the public that shall be
included in its report making its recommendation. When the HPC considers a
proposed listing on the National Register of Historic Places that would normally be
evaluated by a professional in a specific discipline and that discipline is not
represented on the HPC, the HPC may seek professional expertise in this area before
rendering a decision. If the HPC recommends against National Register designation,
the HPC shall, within fifteen (15) days after its hearing, forward to the state historic
preservation officer its recommendation regarding the proposed listing on the National
Register of Historic Places. Appropriate local officials, the owner and the applicant
shall be notified of the HPC’s recommendation against designation.”
Section 7.
That Section 27-231.3. Local designation of landmarks,
landmark sites, multiple property designations, and historic districts. is hereby
created as follows:
“Sec. 27-231.3.
Local designation of landmarks, landmark sites, multiple property
designations, and historic districts.
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(a)
Application for designation. When a person or entity wishes to designate a landmark,
landmark site, multiple property designation, or historic district, that person or entity
shall file an application for designation with the HPC’s staff administrator on forms
provided by the city. The administrative review fee for such applications shall be as
prescribed by City Council resolution.
(b)
Public hearing by the HPC regarding recommendations to City Council to initiate
designation.
(1)
Notice. Notice of a public hearing before the HPC on a recommendation to
City Council regarding a designation shall be pursuant to Section 27-231.9
herein.
(2)
Standard of review. The HPC shall apply the criteria established in Section 27231.4 herein when making a recommendation to the City Council on a
designation.
(c)
Initiation of the designation process. The designation of a landmark, landmark site,
multiple property designation, or historic district may only be initiated by City Council
upon the recommendation of the HPC. Upon receipt of the HPC's recommendation
either in support of or in opposition to the designation and a copy of the full report and
analysis of the proposed landmark, landmark site, multiple property designation, or
historic district under the criteria established in
Section 27-231.4 herein, the City
Council shall schedule a public hearing to consider initiation of the designation
process. For a public hearing concerning the initiation of a designation of an historic
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district or multiple property designation, the city clerk shall provide notice of a public
hearing in the same manner as set forth in Section 27-394(b), City of Tampa Code.
For a public hearing regarding the initiation of a designation of a landmark or landmark
site, the city clerk shall provide notice of such hearing by certified mail, return receipt
requested, to the owner of the nominated landmark or landmark site, as reflected on
the most current year's tax roll, unless the owner of the property is the nominator, in
which case the city clerk shall give notice at the owner's address provided in the
nomination. All notices of a public hearing to initiate designation shall be sent a
minimum of fifteen (15) days before the public hearing, and shall include the following
in substantially the same form:
(1)
The City Council has received a recommendation from the HPC to designate
the property as a landmark, landmark site or as a part of a historic district or
multiple property designation under the City of Tampa Historic Preservation
Ordinance (a copy of the nomination, HPC recommendation and a legal
description of the property is enclosed);
(2)
The City Council will consider whether or not to initiate such designation
process at a public hearing on (date, time and place);
(3)
The designation of the property as a landmark, landmark site or property within
a historic district, or multiple property designation would make the property
subject to the provisions of the City of Tampa Historic Preservation
Ordinances;
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(4)
If the owner wishes to abate the designation process for a landmark, landmark
site or multiple property designation, pending the HPC's determination of
whether the designation would result in an economic hardship pursuant to
Section 27-231.6 herein, the owner must do so by filing a written notice with the
city clerk, with a copy to the HPC administrator, electing to initiate an economic
hardship determination. The written notice must be filed with the city clerk at
least seven (7) days prior to City Council’s public hearing to initiate designation.
If an owner of a property nominated for landmark, multiple property designation
or landmark site designation does not initiate an economic hardship
determination in accordance with the requirements herein, the City Council
may proceed with the designation process as set forth herein. If the property
owner initiates an economic hardship determination, the procedures and
criteria set forth in Section 27-231.6 herein shall apply.
(d)
The designation process; recommendations and report to the City Council. Upon City
Council's decision to initiate the designation process, such decision shall be reduced to
writing, and such decision and all related materials shall be placed on file with the city
clerk and shall be available for public inspection. For decisions to initiate designations,
the city clerk shall provide a copy of City Council's written decision to the HPC, the
applicant and the affected property owner(s).
(e)
Review by the planning commission. The planning commission shall, within forty five
(45) days of receipt of the HPC’s full report, hold a public hearing and determine
whether the proposed designation is consistent with the Tampa Comprehensive Plan.
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(f)
Public hearing by the City Council on the adoption of the proposed designation. City
Council shall hold two (2) public hearings on a proposed designation of a landmark,
landmark site, multiple property designation, or historic district. Planning commission
staff shall provide a report on the finding of consistency with the Tampa
Comprehensive Plan during City Council’s first public hearing.
(1)
Notice of a public hearing to designate a nominated historic district or multiple
property designation shall be given in the same manner as an area rezoning as
set forth in Section 27-394(b), City of Tampa Code. In addition to the
requirements set forth in Section 27-394(c), notice of a public hearing to
designate a nominated landmark or landmark site shall be given by certified
mail, return receipt requested, to the owner(s) of the nominated property at
least fifteen (15) days prior to the date set for the public hearing. The city clerk
shall provide a copy of the final staff report and the HPC's full report and
analysis to the property owner(s) at least fifteen (15) days in advance of the
City Council hearing.
(2)
The final staff report on the nomination shall be completed and available for
public inspection at least fifteen (15) days in advance of the City Council
hearing. Should the notice requirements of this section not be met, the public
hearing notice shall be deemed inadequate and no action shall be taken until
proper notice is accomplished.
(g)
Decision by the City Council. City Council shall approve, modify or disapprove the
nomination for designation of the property as a landmark, landmark site, multiple
property designation, historic district after its second public hearing. City Council may
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reduce or expand the size of a proposed historic district, provided it holds a further
public hearing with notice given to the owners of the properties to be added to the
historic district and those properties within two hundred fifty (250) feet therefrom, and
receives a recommendation from the HPC and the planning commission on the
additional properties. Additional review by the HPC and the planning commission is not
required if the City Council excludes properties from the designation. If a designation is
approved by City Council, the official zoning atlas shall be amended to contain the
designation. The city clerk's office shall notify the property owner(s) in writing and shall
arrange that each designation of a property as a landmark or landmark site or as a part
of a historic district or multiple property designation district be recorded in the official
record books of the county.
(h)
Effect of designation. After designation by the City Council, a landmark, landmark site,
multiple property designation, and historic district shall be subject to the procedures
and regulations contained in this chapter. Unless otherwise specified, the Secretary of
Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings, as amended from time to time, shall apply as the design guidelines for the
landmark, landmark site or multiple property designation. These procedures,
regulations and design guidelines shall be in addition to the provisions of other articles
of this chapter, and other regulations of the city that shall remain in full force and
effect.
(i)
Amendments or rescission of designation. The designation of any landmark, landmark
site, multiple property designation, or the rescission of such designation, or the
revision of the perimeter boundary of any historic district shall be completed by the
same procedure set forth in this chapter for designation of such property. Upon the
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rescission or revision of any designation in accordance with this section, the city clerk
shall record a notice of rescission or revision of such designation in the official records
of Hillsborough County upon expiration of the appeal period or upon completion of the
appeal process in the event an appeal is filed, and the zoning department shall reflect
such rescission or revision in the official zoning atlas of the city. Amendments or
recissions to designations that do not result in changes to the perimeter boundary of a
historic district may be reflected in the official historic district building inventory as
directed by the HPC.”
Section 8.
That Section 27-231.4.
Criteria to qualify as a landmark,
landmark site, multiple property designation, or historic district. is hereby
created as follows:
“Sec. 27-231.4.
Criteria to qualify as a landmark, landmark site, multiple property
designation, or historic district.
When designating a landmark, landmark site, multiple property designation, or historic
district, the HPC and City Council shall apply the following criteria:
(a)
The building, site, structure, object, or district:
(1)
Was constructed or achieved its significance during the period of historic
significance as delineated in the National Register of Historic Places guidelines
or as established in the nomination pursuant to those guidelines; and
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(2)
Has a quality of significance in American, state or local history, architecture,
archeology, engineering, and culture which is present in districts, sites,
buildings, structures, and objects that possess integrity of location, design,
setting, materials, workmanship, feeling, and association and
i)
That are associated with events that have made a significant
contribution to the broad patterns of our history (otherwise known as
criterion ‘A’ of the National Register criteria);
ii)
That are associated with the lives of persons significant in our past
(otherwise known as criterion ‘B’ of the National Register criteria);
iii)
That embody the distinctive characteristics of a type, period, or method
of construction, or that represent the work of a master, or that possess
high artistic values, or that represent a significant and distinguishable
entity whose components may lack individual distinction (otherwise
known as criterion ‘C’ of the National Register criteria); or
iv)
That have yielded, or may be likely to yield, information important in
prehistory or history (otherwise known as criterion ‘D’ of the National
Register criteria);
and
(b)
The district:
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(1)
Has a character as a geographically definable area possessing a significant
concentration of buildings, which are well designed, and other structures, sites
and objects, all of which are united by past events or by a plan or physical
development; or
(2)
Has a character as an established and geographically definable neighborhood
united by culture, architectural styles or physical development.
and
(c) In addition to the criteria set forth in subsections (a) and (b) above, the HPC and City
Council shall consider whether a landmark, landmark site, or multiple property designation
meets the following factors:
1. Whether the owner(s) supports the designation;
2. Whether the owner(s) has adequately established an economic hardship; and
3. Whether economic incentives are available to offset any economic hardship.”
Section 9.
That Section 27-231.5.
Landmark site. is hereby created as
follows:
“Sec. 27-231.5.
Landmark site.
The designation of a building, site, structure, or object as a landmark shall be accompanied
by the designation of a landmark site. There shall be a rebuttable presumption that the
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entire parcel or parcels of land upon which the proposed landmark is situated is contributing
and necessary for the proper appreciation of the historic property, provided, however, the
HPC shall consider the context and configuration at the time the building, site, structure, or
object achieved historical significance. A landmark site may be designated without the
designation of a landmark, if the landmark site has significance other than being the
previous location of a landmark.”
Section 10. That Section 27-231.6. Economic hardship. is hereby created
as follows:
“Sec. 27-231.6.
(a)
Economic hardship.
Application for determination of economic hardship. An owner of property
recommended by the HPC for designation as a landmark, landmark site, or multiple
property designation shall be entitled to initiate a request for determination by the HPC
of whether an economic hardship exists in order to abate the designation of the
landmark, landmark site, or multiple property designation as provided for in Section 27231.3(c)(4). If such property owner has elected to initiate an economic hardship
determination pursuant to Section 27-231.3(c)(4), the property owner shall file an
application for determination of economic hardship with the HPC administrator in
accordance with this section 27-231.6(b) within sixty (60) days after the city clerk
receives the owner’s notice of election as set forth in section 27-231.3(c)(4). The HPC
shall schedule a hearing on the matter within sixty (60) days of receipt of a complete
application. The filing of an application for an economic hardship determination shall
stay all related proceedings, permits or approvals. Failure to file a complete
application, within the time period set forth herein, shall result in the City Council
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proceeding with its consideration of the proposed nomination for designation, provided
however, one (1) extension for good cause, not to exceed thirty (30) days, may be
granted by the HPC administrator. The request for extension of time shall be in writing,
received by the HPC administrator prior to expiration of the deadline provided herein,
and shall state the reason(s) for which an extension of time is necessary.
(b)
Application Form. The application for determination of economic hardship shall be
sworn to by affidavit and should be on forms provided by the city and shall include the
following:
(1)
The following mandatory information, the absence of which could be a basis for
denial absent the showing of good cause:
i)
The amount paid for the property, the date of purchase and the party
from whom purchased, including any reasonably available information
necessary to establish that it was an arms-length purchase between the
owner of record or applicant and the person from whom the property
was purchased, and any terms of existing financing between the seller
and buyer;
ii)
The assessed value of the land and improvements thereon according to
the three (3) most recent assessments by the Hillsborough County
Property Appraiser;
iii)
Real estate tax bills for the previous three (3) years;
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iv)
All appraisals of the property in the possession of owner or its agents,
whether performed for the owner or for third parties (including for,
example, appraisals performed by owner, its lender, or a prospective
purchaser from owner);
v)
Estimated market value of the property: (a) in its current condition; (b)
after completion of the proposed alteration or demolition; and (c) after
renovation of the existing property for continued use;
vi)
Estimated costs, fees, and expenses, as appropriate, of the costs of
demolition, relocation, removal, rehabilitation, or restoration of the
property including any analysis obtained from qualified professionals
within the previous three (3) years and any increase or decrease in the
costs and expenses of operation and maintenance of the property after
completion thereof;
vii)
Itemized cost and expense of all maintenance and improvements within
the prior three (3) years;
viii)
Credible information regarding the structural soundness of the
structure(s) and suitability for rehabilitation;
ix)
Remaining balance on any mortgage or other financing secured by the
property and annual debt service, if any, for the previous three (3)
years; and
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x)
(2)
Form of ownership or operation of the property.
The following additional information, while not mandatory, may be very
significant in establishing that an economic hardship exists:
i)
Any offers received to purchase or lease the property within the prior
three (3) years, and any listing of the property for sale or lease made
within the prior three (3) years including any listing agreement or
advertisements;
ii)
All existing reports in the possession of owner or its agents relating to
the economic feasibility of restoring or rehabilitating the property
obtained within the previous three (3) years, including market studies
and evaluation of alternative adaptive reuses of the property;
iii)
A reasonably current appraisal by a qualified professional expert setting
forth the current fair market value of the property as currently zoned,
both undesignated and designated;
iv)
Any other information, including the adjusted basis of the property,
which would assist in making a determination as to whether the property
currently yields or may yield after rehabilitation or restoration a
reasonable return to the owners, e.g., a pro forma financial analysis;
v)
For income-producing property:
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1. Annual gross income from the property for the previous three (3)
years;
2. Itemized operating and maintenance expenses for the previous
three (3) years;
3. Annual cash flow, if any, for the previous three (3) years; and
4. Depreciation deduction and annual cash flow before and after debt
service, if any, for the previous three (3) years.
The weight given to the evidence provided pursuant to Sections 27-231.6(b)(1)
and (2), in determining whether an economic hardship exists, shall be within the sound
discretion of the factfinder(s).
The administrative review fee for such application shall be as prescribed by
City Council resolution.
(c)
Independent reports. The HPC or its administrator may obtain report(s) from
independent experts as to any matters relevant to the HPC’s evaluation of the
application.
(d)
Administrator's report. The HPC administrator may provide a written report to the HPC
as to matters relevant to the application. The administrator shall provide a copy of the
report to the HPC and the affected property owner at least fifteen (15) days before the
public hearing on the application, together with any independent reports that have
been obtained by the administrator.
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(e)
Public hearing by the HPC. The HPC shall hold a public hearing on the application
within sixty (60) days after the receipt of the complete economic hardship application,
or any amendment thereof. Notice of the HPC hearing shall be pursuant to Section 27231.9(a). Upon the written request of the affected property owner, the public hearing
date may be continued for thirty (30) days, and upon mutual agreement of the HPC
and the affected property owner, for an additional thirty (30) days thereafter. The
affected property owner shall be given an opportunity to present evidence and
witnesses, to cross-examine witnesses, and the right of rebuttal. The affected property
owner shall have the burden to prove that, if designated, it would subject the property
owner to an economic hardship. The HPC, after consideration of the evidence
submitted and testimony provided during the public hearing, may request additional
documentation to assist in its determination. Depending on the nature of the request,
the HPC may continue the public hearing in order to allow a reasonable period of time
for preparation and submittal of the requested documentation.
(f)
Decision on an application for determination of economic hardship.
At its public
hearing, the HPC shall review the application, the city staff report, testimony and
evidence to determine if the affected property owner has demonstrated that the
property, if designated, would subject the property owner to an economic hardship. If
the HPC does not find that economic hardship has been demonstrated, the economic
hardship application shall be denied and the designation process shall proceed. In
making its determination, the HPC shall consider the criteria set forth in the
application, the application materials, the professional expertise and credibility of the
witness(es) and the evidence presented, giving greatest weight to the following factors:
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(1)
Testimony from the property owner or qualified expert, such as an architect,
developer, real estate consultant, appraiser or other real estate professional
experienced in rehabilitation as to the economic feasibility of rehabilitation or
reuse of any existing structure on the property;
(2)
Any other information, including the adjusted basis of the property, which would
assist in making a determination as to whether the property does yield or may
yield a reasonable return to the owner(s) commensurate with the risk of
restoration or rehabilitation, e.g., a pro forma financial analysis.
(3)
The relation of the fair market value of the property in its current condition plus
rehabilitation expenditures to the fair market value of the property upon
rehabilitation;
(4)
The costs, expenses and time requirements of rehabilitation;
(5)
Economic incentives available to the property if designated;
(6)
Whether the property was allowed to fall into a state of disrepair by the current
owner and the extent to which that neglect may have caused the value of the
property to decline or the costs of rehabilitation to escalate; and,
(7)
The likely effect of designation on property value.”
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Section 11. That Section 27-231.7.
Emergency actions to protect
buildings, sites, structures or objects meeting the criteria for designation. is
hereby created as follows:
“Sec. 27-231.7.
Emergency actions to protect buildings, sites, structures or
objects meeting the criteria for designation.
(a)
Review by the staff of the threat. The city shall notify the HPC administrator within five
(5) working days of receipt of an application for a demolition permit to any building,
site, structure, or object that is fifty (50) years or older. The HPC administrator shall
have twenty (20) working days from receipt of notice of an application for a demolition
permit to review same and determine whether the building, site, structure, or object
either meets the criteria included in Section 27-231.7(b) below, or is listed on the
HPC’s workplan. If the building, site, structure, or object does not meet the criteria
included in Section 27-231.7(b) below or is not listed on the HPC’s workplan, the HPC
administrator shall immediately advise the city that there are no objections to the
application for demolition permit. The approval of a demolition permit is in effect for
one (1) year from the date of approval. If the HPC administrator determines that the
building, site, structure, or object does meet the criteria included in Section 27-231.7(b)
below or is listed on the HPC’s workplan, the HPC administrator shall schedule the
application for demolition permit for review by the HPC during its next regularly
scheduled meeting.
(b)
HPC public hearing and findings of fact. Within sixty (60) days of receipt by the city of
an application for a demolition permit, the HPC may after a duly noticed public hearing
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pursuant to the provisions of this chapter, request the City Council to take emergency
action to review a threat to:
(1)
A building, site, structure, or object of architectural, historical or archaeological
significance:
i)
that is listed individually in the National Register of Historic Places; or
ii)
that meets the criteria for individual listing on the National Register of
Historic Places, but which has not been locally designated under the
provisions of this chapter; or
iii)
that is identified as contributing to a historic district that either is pending
for listing on or is listed on the National Register of Historic Places, but
which is has not yet been designated under the provisions of this
chapter.
Such a request stays all action to issue or obtain a permit for demolition or permit for
exterior construction activity for the building, site, structure, or object. The HPC shall
submit written information to the City Council supporting its statement that irreparable
harm will be done to the building, site, structure, or object if a demolition for the
building, site, structure, or object is issued. The HPC administrator shall submit to the
City Council all information available regarding the building's, site’s, structure’s, or
object’s eligibility for designation.
If the HPC determines that the building, site,
structure, or object does not meet the criteria for designation, the HPC shall approve
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the issuance of the demolition permit for the building, site, structure, or object. The
approval of a demolition permit is in effect for one (1) year from the date of approval.
(c)
City Council public hearing and findings of fact. Within fourteen (14) days of the City
Council's receipt of the HPC’s request for emergency action, the City Council shall
schedule a public hearing to consider such emergency designation. The City Council
shall provide the applicant for the permit, the owner of the property and the HPC
administrator with a minimum of ten (10) days notice of the scheduled public hearing.
All exterior construction activity requiring building permits or the processing of a
demolition permit application relating to the building, site, structure, or object shall be
stayed until the City Council action is taken on the threatened property.
At the public hearing, the HPC administrator shall report to the City Council on the
architectural, historical or archaeological significance of the threatened building, site,
structure, or object, evaluating same under the criteria for designation set forth in this
Section 27-231.4 herein. The City Council shall hear testimony from the owner, the
applicant and all other interested parties. The City Council shall not hear any evidence
that was not presented at the public hearing before the HPC. If new evidence is
presented before the City Council, the City Council shall refer the matter back to the
HPC for reconsideration based upon the new evidence. At the close of the public
hearing, the City Council shall determine whether to set a public hearing to initiate
local designation. In the event the applicant or property owner denies the city access
to the property for the purpose of preparing the required report and analysis pursuant
to Section 27-231.7(b) above, the City Council may extend the stay until the applicant
or property owner allows such access.
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(d)
Decision by City Council.
If the City Council determines that the building, site,
structure, or object does not meet the criteria for designation, the City Council shall
approve the issuance of the demolition permit for the building, site, structure, or object.
The approval of a demolition permit is in effect for one (1) year from the date of
approval. If the City Council determines that the building, site, structure, or object
meets the criteria for designation, the City Council shall initiate the designation of the
building, site, structure, or object as a landmark or landmark site under the procedures
set forth in Section 27-231.3 herein. When an emergency designation is initiated by
the City Council under this section, the HPC and City Council shall make every effort
to complete the designation process in the most timely fashion. In every other respect,
the designation shall follow the procedure for designation set forth in Section 27-231.3
herein.”
Section 12. That Section 27-231.8. Applications to review initial designation
of contributing status, re-designation of structures relocated into or within historic
districts and change in designation status of structure as contributing or
noncontributing. is hereby created as follows:
“Sec. 27-231.8.
Applications to review initial designation of contributing status, re-
designation of buildings, structures, or objects relocated into or within historic
districts and change in designation status of building, structure, or object as
contributing or noncontributing.
(a)
Application for initial designation of contributing status for buildings, structures or
objects located within an historic district. When the owner of property located within an
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historic district desires to have the property designated as “contributing”, the owner of
the property shall file an application with the HPC administrator on forms provided by
the city. The owner of the property shall provide the following information:
(1)
The setting and environment of the site of the building, structure or object;
(2)
Photographs of the location and a detailed site plan showing all existing
buildings, structures and objects located on the site and identifying each as
such;
(3)
Evidence that the building, structure, or object has retained its historical and
architectural integrity and is appropriate to the period of significance of the
historic district.
(4)
Scale drawings of the existing building, structure, object, or site, if available;
(5)
Photographs of the existing building, structure, object, or site in its current
state;
(6)
Photographs of the existing building, structure, object, or site at the time
originally constructed and during the period of historic significance; and,
(7)
Historical information about the building, structure, object, or site, its evolution
and its designation as part of the historic district in which it is located.
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(b)
Application for re-designation of contributing status for buildings, structures or objects
relocated into or within an historic district. When the owner of a property desires to
relocate a building, structure or object into or within an historic district and to retain its
status as “contributing,” the owner of the property shall file an application with the HPC
administrator on forms provided by the city. The owner of the property shall provide
the following information:
(1)
The reason(s) for the relocation;
(2)
The setting and environment of the current site of the building, structure, or
object;
(3)
The proposed setting and environment of the building,
structure or object,
including evidence that the proposed site does not possess historical or
archaeological significance that would be adversely affected by the intrusion of
the relocated building, structure, or object onto the property;
(4)
Photographs of the proposed location and a detailed site plan showing all
existing and proposed building(s), structure(s), or object(s) to be located on the
site and identifying each as such; and,
(5)
Evidence that the building, structure or object has retained its historical and
architectural integrity, and is appropriate to the period of significance of the
historic district.
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(c)
Application for change in designation status of building, structure, or object as
contributing or non-contributing. When the owner of a property located in a historic
district desires to have the designation status of a building, structure or object changed
from contributing to non-contributing, the owner of the property shall make an
application for change in designation status to the HPC administrator on forms
provided by the city. The owner of the property shall provide the following information:
(1)
The setting and environment of the site of the building, structure or object;
(2)
Photographs of the location and a detailed site plan showing all existing
buildings, structures and objects located on the site and identifying each as
such;
(3)
Evidence that the building, structure, or object has retained its historical and
architectural integrity and is appropriate to the period of significance of the
historic or historic district.
(4)
Scale drawings of the existing building, structure, object or site, if available;
(5)
Photographs of the existing building, structure, object, or site in its current
state;
(6)
Photographs of the existing building, structure, object, or site at the time
originally constructed and during the period of historic significance; and,
(7)
Historical information about the building, structure, object, or site, its evolution
and its designation as part of the historic district in which it is located.
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(d)
Filing of application. An application permitted to be filed under this section shall not be
considered complete until all required information has been submitted and the
application has been accepted by the HPC administrator. The administrative review
fee for such applications shall be as prescribed by City Council resolution.
(e)
Independent reports. The administrator may obtain report(s) from independent experts
to assist the HPC in its evaluation of any application filed under this Section 27-231.8.
(f)
Administrator’s report. The administrator shall provide a written report evaluating the
application and the building, structure, object, or site, including a recommendation to
the HPC, and provide a copy of the report to the HPC and to the property owner at
least fifteen (15) days in advance of the public hearing on the application.
(g)
Notice. Notice of the public hearing shall be pursuant to Section 27-231.9(a) herein.
(h)
Action on an application. The HPC shall hold a public hearing on each application
once the application is complete and accepted by the HPC administrator. The
applicant shall have the burden of proof.
(i)
Criteria for review of applications. The criteria to be applied by the HPC in approving or
not approving an application filed hereunder shall be the criteria set forth in National
Register Bulletin No. 15 or any amendment or replacement thereof.
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(j)
Decision. The HPC shall approve or disapprove each application including in its
decision its reasons using the criteria contained in this section.
The HPC may
reconsider or rescind an approval or denial and any conditions attached at the meeting
in which the motion was made.
The HPC may not rescind motions adopted at
previous meetings. Following the public hearing(s) and the HPC’s decision on the
application, staff shall forward written notice of the decision to the applicant and the
HPC shall direct the HPC staff to update the official historic district building inventory to
reflect any amendments necessary as a result of its decision.”
Section 13. That Section 27-231.9. Notices. is hereby created as follows:
“Sec. 27-231.9.
Notices.
(a) Required notice for the designation of landmarks, landmark sites, applications relative to
contributing or noncontributing status and applications relative to economic hardship.
(1)
Notice of public hearing before the HPC shall be given by the posting, for a
period commencing at least fifteen (15) days prior to the scheduled public
hearing, of a sign on the property of a size not less than eighteen (18) inches
by twenty-four (24) inches, upon which shall be the following:
PUBLIC HEARING--Hearing before the Historic Preservation Commission, City
of Tampa, City Council Chambers, City Hall (insert date and time of hearing)
relative to a petition for (insert type of petition) for this property.
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(2)
The petitioner shall post the sign in a conspicuous place on or near the front of
the property, adjacent to a street or public right-of-way and not within a building
nor obstructed by any site feature.
(3)
The petitioner shall mail by certificate of mailing, at least fifteen (15) days prior
to the public hearing, notice of the hearing setting forth the legal description
and street address, if any, of the property for which the hearing is being held,
the name of the petitioner, the specific nature of the request and the place,
date and time of the hearing. Such notice shall be mailed to all property
owners, according to the latest ad valorem tax records, of every parcel of land
within two hundred fifty (250) feet in every direction of the subject property,
including streets and street rights-of-way.
(4)
The petitioner shall send written notice by “certificate of mailing”, entitled “Good
Neighbor Notice of HPC Application”, no less than fifteen (15) days prior to the
public hearing, to the officially registered neighborhood association, as
registered with the City of Tampa, in which the subject property is located, and
to all other officially registered neighborhood associations that lie within a two
hundred fifty (250) foot radius, including streets and street rights-of-way, in all
directions from the subject property, from the boundaries of the subject
property. If the subject property does not lie within the boundaries of an
officially registered neighborhood association or if no officially registered
neighborhood association exists within the distance measurements as required
by this subsection, the petitioner shall mail the notice required herein to the
closest officially registered neighborhood association, as measured in a straight
line on the “Neighborhood Association Map”. In addition hereto, the petitioner
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shall send written notice by “certificate of mailing”, entitled “Good Neighbor
Notice of HPC Application”, not less than fifteen (15) days prior to the public
hearing, to any registered preservation groups as registered with the City of
Tampa.
(5)
For other than city-initiated petitions, the petitioner shall prepare an affidavit
stating that the sign required herein was posted, setting forth the lands that lie
within two hundred fifty (250) feet, including streets and street rights-of-way, in
all directions from the subject property, the names of the owners of such lands
and the date and post office address to which each copy of the notice was
mailed, provide one (1) photograph depicting the location of the sign on the
property and its proximity to the street frontage and one (1) photograph in
which the language on the sign is clear and legible, and the names of all
officially registered neighborhood associations that were sent notice. Petitioner
shall attach to the affidavit the postmarked certificate of mailing showing the
date the notices were mailed. The affidavit and the postmarked certificate of
mailing shall be filed with the HPC administrator not less than five (5) days prior
to the date of the public hearing.
(b)
Required notice for the designation of multiple property designations and historic
districts.
(1) The HPC administrator shall provide written notice of public hearing before the
HPC to each real property owner whose land is proposed for inclusion in the
designation of a multiple property or historic district, and each property owner
within two hundred fifty (250) feet, including streets and street rights-of-way, in
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all directions from the subject property. Notice shall be by certificate of mailing,
at least fifteen (15) days prior to the public hearing, setting forth the boundaries
of the proposed designation and the place, date and time of the hearing. Such
notice shall be mailed to all property owners, as required herein, according to
the latest ad valorem tax records.
(2) The HPC administrator shall post a sign in a conspicuous place on or near the
front of the property, adjacent to a street or public right-of-way and not within a
building nor obstructed by any site feature, at least fifteen (15) days prior to the
scheduled public hearing. The sign shall be of a size not less than eighteen
(18) inches by twenty-four (24) inches, upon which shall be the following:
PUBLIC HEARING--Hearing before the Historic Preservation Commission, City
of Tampa, City Council Chambers, City Hall (insert date and time of hearing)
relative to a petition for (insert type of petition) involving this property.
(3) In addition to the requirements of subsection (b)(1) and (2), the HPC
administrator shall send written notice by “certificate of mailing”, entitled “Good
Neighbor Notice of HPC Multiple Property, Historic District Designation”, no
less than fifteen (15) days prior to the public hearing, to the officially registered
neighborhood association, as registered with the City of Tampa, in which the
subject property is located, and to all other officially registered neighborhood
associations that lie within a two hundred fifty (250) foot radius, including
streets and street rights-of-way, in all directions from the subject property, from
the boundaries of the subject property. If the subject property does not lie
within the boundaries of an officially registered neighborhood association or if
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no officially registered neighborhood association exists within the distance
measurements as required by this subsection, the HPC administrator shall mail
the notice required herein to the closest officially registered neighborhood
association, as measured in a straight line on the “Neighborhood Association
Map”. In addition hereto, the HPC administrator shall send written notice by
“certificate of mailing”, entitled “Good Neighbor Notice of HPC Multiple
Property, Historic District Designation”, not less than fifteen (15) days prior to
the public hearing, to any registered preservation groups as registered with the
City of Tampa.”
Section 14. That Section 27-231.10. Appeal from decision of the HPC. is
hereby created as follows:
“Sec. 27-231.10.
(a)
Appeal from decision of the HPC.
Decisions of the HPC, which are limited to recommendations, may not be appealed to
the City Council. These decisions include but are not limited to: recommendations
regarding designation of a landmark, landmark site, multiple property, or historic
district pursuant to Section 27-231.3; recommendations on proposed design
guidelines, including proposed changes thereto, pursuant to Section 27-231.11; and,
recommendations on proposed additions to the National Register of Historic Places
pursuant to Section 27-231.2.
(b)
For decisions other than those identified in Subsection 27-231.10(a) herein, any
aggrieved person who participated during the public hearing may appeal a decision of
the HPC to the City Council in accordance with Section 27-373(c).”
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Section 15. That Section 27-231.11. Design guidelines. is hereby created as
follows:
“Sec. 27-231.11.
(a)
Design guidelines.
New District. The HPC shall notify the property owners in a district recommended for
designation of its intent to recommend development of design guidelines consistent
with the Secretary of Interior’s Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings, as amended from time to time, for that district and
shall request comments from the affected property owners and other interested
persons. A draft of the proposed design guidelines will be available for review and/or
purchase at the City of Tampa Historic Preservation office and the City Clerk’s office at
the time the district is recommended for designation.
The HPC shall hold at least one (1) public hearing to hear comments on the proposed
design guidelines.
Notice of the public hearing(s) shall be sent to the property
owner(s), according to the latest ad valorem tax records, for each parcel of land within
the proposed district. This notice shall be mailed to such property owners at their
usual post office address, by regular U.S. mail, a minimum of fifteen (15) days prior to
date of the HPC’s public hearing. After receiving public comments and the applicable
regulatory board comments on the proposed design guidelines at the public hearing(s),
the HPC shall, at a regularly scheduled public hearing, make a recommendation to
City Council to adopt, or adopt with changes, the proposed design guidelines.
(b)
Existing District. The HPC shall periodically review the design guidelines for each
historic district in a public hearing with notice given to the property owners within that
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district. At the time of any proposed change to the design guidelines for the district,
the HPC shall conduct a public hearing with notice given to the property owners within
that district. Notice of the public hearing shall be sent to the property owner, according
to the latest ad valorem tax records, of each parcel of land within the district. This
notice shall be mailed to such property owners at their usual post office address, by
regular U.S. mail, a minimum of fifteen (15) calendar days prior to the date of the
public hearing. After receiving the public comments and the applicable regulatory
board comments on the proposed change(s) to the design guidelines at the public
hearing(s), the HPC, may at a regularly scheduled public hearing, recommend to City
Council to adopt, or adopt with changes, the proposed change(s) to the design
guidelines.”
Section 16. That Section 27-231.12. Workplan. is hereby created as follows:
“Sec. 27-231.12. Workplan.
(a)
Generally. The HPC, on an annual basis or more often if deemed necessary, shall
update the list of properties for inclusion in its workplan and submit to the City Council for
approval. The purpose of the workplan is to identify those properties that require further study
and investigation of their architectural or historical significance for possible landmark
designation.
(b)
Priorities. The HPC, during its consideration of requests for inclusion in the workplan,
shall apply the following system for prioritizing workplan items:
(1) Priority I items include those properties where there is a:
(a) Perceived threat to a historic property;
(b) Pending or proposed grant application for a historic site;
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(c) Pending or proposed redevelopment of a site where property tax incentives are
requested;
(d) Need for community recognition of a significant historic site; or,
(e) Participation by property owner or community in research.
(2) Priority II items include those properties where there is a need for community
recognition of a significant historic site and none of the criteria in Subsection 27231.12(b)(1) apply.
(c)
Notice. With the exception of proposed historic districts, the HPC administrator shall
send written notice, at least fifteen (15) days in advance of the public hearing, to the
owner(s) of property being considered for inclusion in the HPC’s workplan. The
owner(s) of the property shall be allowed to participate during the public hearing.”
Section 17. That Section 27-231.13. Property maintenance required. is
hereby created as follows:
“Sec. 27-231.13.
Property maintenance required.
The owner of any building, site, structure, or object recommended for designation by
the HPC as such that is subject to a pre-designation stay of permit issuance or of any
building, site, structure, or object included on the HPC’s workplan, shall comply with all
applicable codes, laws and regulations governing the maintenance of property as
provided in Chapter 19, Property Maintenance and Structural Standards.”
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Section 18. That Section 27-231.14. Interstate Historic Preservation Trust
Fund. is hereby created as follows:
“Sec. 27-231.14. Interstate Historic Preservation Trust Fund.
(a)
Generally. There is hereby established an Interstate Historic Preservation Trust Fund.
All proceeds derived by the City in connection with the sale of the sites and rehabilitated
homes impacted by the Florida Department of Transportation’s expansion of Interstate-4 and
Interstate-275 shall be placed in a designated trust fund account for use by the City in
connection with public improvement projects or for historic preservation purposes in the Ybor
City National Historic Landmark District, the Tampa Heights National Register Historic District,
or the West Tampa National Register Historic District.
(c) Advisory Committee. The Mayor shall assign and approve an advisory committee to the
Interstate Historic Preservation Trust Fund, which shall consist of three regular members and
one alternate member.
The advisory committee shall adopt rules and procedures to
determine eligibility for participation in the Historic Preservation Trust Fund programs. The
advisory committee shall also make recommendations to the Mayor and City Council as to
disbursements from the Historic Preservation Trust Fund.
(d) Administration. The Historic Preservation Trust Fund shall be administered by the HPC
administrator and staff.
(e) Fee. Applicants seeking funding from the trust fund shall pay, at the time of filing, a fee as
established by the City Council by resolution.
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(f) Appeals. An appeal from a decision or determination of the HPC administrator shall be
filed with the Historic Preservation Trust Fund Advisory Committee within thirty (30) days of
the date of the decision or determination. The advisory committee shall consider the appeal
at its next regularly scheduled meeting, and shall apply a de novo standard of review and shall
not be limited in its review to that information, documentation, or evidence upon which the
HPC administrator based the determination. Appeals from a Historic Preservation Trust Fund
Advisory Committee decision or determination shall be appealed in accordance with section 119.”
Section 19. That Section 27-523. Definitions. is hereby amended by adding
the underlined language and deleting the stricken language as follows:
“Sec. 27-523
Definitions.
Ad Valorem Tax Exempt Program. A program authorized by Florida Statutes §196.1997
and §196.1998 that allows a property tax exemption in local jurisdictions for improvements
to historic properties to stimulate rehabilitation of historic structures.
Alteration. Any construction on or change to the exterior of a designated building, object,
structure or property site when the construction or change is visible to the public and may be
seen by a person located on a public street or on a street open to the public. An alteration
shall include construction or changes on landmark sites and on lots within an historic district.
An alteration shall include a change from an existing lawn to the use of paving materials or
any change in paving materials on a landmark site or a lot within the an historic district. An
alteration shall include signs or commercial lighting visible through windows.
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Applicant. The record owner of property or the record owner’s duly designated
representative or any person or entity authorized under this chapter to file an application
with the city.
Contributing. A building, site, structure, or object that adds to the historic architectural
qualities, historic associations or archaeological values for which a property is significant.
Demolition. Any act that destroys in whole or in part a landmark or a building, a structure or
an object in a historic district or on a landmark site. The complete or partial removal,
destruction or wrecking of a building, site, structure, or object.
Economic Hardship. The imposition of an inordinate financial burden on a property, or its
owner, due to the denial of a demolition permit or the designation of that property as a
landmark or landmark site.
Exterior. The outside surface of any building, improvement, object or structure.
Historic Conservation Overlay District.
A special overlay district which recognizes and
protects historic patterns of development including but not limited to the following physical
elements: setback, height, site orientations and massing of buildings and accessory
structures, placement of sidewalks, parking areas and infrastructure.
Its purpose is to
conserve existing neighborhood patterns of development by retaining historic structures that
contribute to that pattern, while assuring that new construction will be consistent with it. The
historic pattern for each conservation district designated may vary from district to district and
shall be delineated.
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Historic District. A neighborhood or an area of architectural, historical, cultural or historic
planning significance to the city, state or nation which has been designated by the city and
which meets one (1) or more of the criteria contained in section 27-214(j) of this chapter. A
significant concentration, linkage, or continuity of sites, buildings, structures, or objects
united historically or aesthetically by plan or physical development that has been designated
by the city as set forth in Section 27-231.3 herein and meets the designation criteria set forth
in Section 27-231.4 herein. The Ybor City Historic District, as established by state law, is
also a city historic district.
Historic Property. A building, site, structure, or object that was constructed or achieved its
significance over fifty years earlier, even if additional structures were added within the past
fifty years, so long as the added structures were consistent with and contributed to the
overall historic character of the building, site, structure, or object.
HPC. The City of Tampa Historic Preservation Commission.
Landmark.
A building, a structure, an object or a location of architectural, historical or
archaeological significance to the city, state or nation which has been designated by the city
and which meets one (1) or more of the criteria contained in section 27-214(j) of this
chapter. A landmark shall include a historical site that was the location of a significant
historical event, and a landmark shall include an archaeological site that contains significant
archaeological resources. A building, site, structure, or object that has achieved significance
as established by the criteria of the National Register of Historic Places as set forth in
Section 27-231.4 herein, that has been recommended for designation by the HPC and
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designated by the city as set forth in Section 27-231.3 herein, identified by its legal
description.
Landmark Site. The land on which a landmark and related buildings and structures are
located and the land that provides the grounds, the premises or the setting for a landmark. A
landmark site shall only be designated in conjunction with the designation of a landmark and
shall be identified through its block and lot number. A landmark site may include all or part
of a lot or more than one (1) lot. A landmark site is the location and the grounds, the
premises or the setting for a landmark or a site that has been designated by the city as set
forth in Section 27-231.3 herein and meets the designation criteria set forth in Section 27231.4 herein, identified by its legal description.
Multiple Property Designation. A designation which includes a finite group of resources
related to one another in a clearly distinguishable way. They may be related to a single
historic person, event, or developmental force; of one building type or use, or designed by a
single architect; of a single archeological site form, or related to a particular set of
archeological research problems. A group of historic properties related by common theme,
general geographical area, and period of time that has been recommended for designation
by the HPC and designated by the city as set forth in Section 27-231.3 herein. A group of
historic properties shall qualify for designation as a multiple property designation when each
individual historic property meets the designation criteria set forth in Section 27-231.4
herein.
National Historic Landmark. A historic property evaluated and found to have significance at
the national level and designated as such by the Secretary of the Interior.
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National Register of Historic Places. The official federal list of districts, sites, buildings,
structures, and objects significant in American history, architecture, archaeology,
engineering and culture.
Non-contributing.
A building, object, or structure that does not add to the historic
architectural qualities, historic associations or archaeological values for which a property is
significant because (a) it was not present during the period of significance, (b) due to
alterations, disturbances, additions, or other changes, it no longer possesses historical
integrity reflecting its character at that time or is incapable of yielding important information
about the period, or (c) does not independently meet the Historic Landmarks Criteria set
forth in Appendix V of the National Register of Historic Places Bulletin 16A, “How to
Complete the National Register Registration Form” or any amendment or replacement
thereof.
Object. A construction primarily artistic in nature or relatively small in scale and simply
constructed, such as a statue or milepost.
Ordinary maintenance.
Work done to repair ordinary damage or to prevent ordinary
deterioration or decay of a building, improvement, object, structure or site or any part thereof
as nearly as possible to its condition prior to such damage, deterioration, or decay, and
which does not involve or cause a change in the design, the material, or the exterior
appearance of the building, improvement, object or structure or site.
Planning Commission. The Hillsborough County City-County Planning Commission.
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Preservation. The act or process of applying measures necessary to sustain the existing
form, integrity, and materials of a historic property.
Reasonable beneficial use. A permitted or legal non-conforming use or activity on a parcel
of real property conducted in accordance with the current zoning for that property, including
periods of inactivity which are normally associated with, or are incidental to, the nature or
type of use or activity.
Reconstruction. The act or process of depicting, by means of new construction, the form,
features, and detailing of a non-surviving site, landscape, buildings, structure, or object for
the purpose of replicating its appearance at a specific period of time and its historic location.
Rehabilitation. The act or process of returning a building, improvement, object, structure or
site to a state of utility, through repair, alteration or addition, which makes possible an
efficient contemporary use while preserving those portions and features of the property that
are significant to its historic, architectural and cultural values.
Restoration. The act or process of accurately depicting the form, features, and character of
a property as it appeared at a particular period of time by means of removal of features from
other periods of history and reconstruction of missing features from the restoration period.
Secretary of the Interior Standards. The United States Secretary of the Interior’s Standards
for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as adopted by the
United States Department of the Interior, National Park Service, 36 C.F.R. § 67 (1995).
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Tampa Historic Register. The official list of locally designated districts, sites, buildings,
structures, and objects in Tampa history, architecture, archaeology, engineering, and
culture.
Workplan. List of properties identified by the Historic Preservation Commission for their
architectural or historical significance for further study and investigation and possible
designation.”
Section 20. That
if
any
part
of
this
ordinance
shall
be
declared
unconstitutional or invalid by a court of competent jurisdiction, the remaining
provisions of this ordinance shall remain in full force and effect.
Section 21. That all ordinances in conflict herewith are hereby repealed to the
extent of any conflict with the terms of this ordinance.
Section 22. That this ordinance shall take effect immediately upon becoming
a law.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA,
FLORIDA ON ___________________________.
ATTEST:
_________________________________
CITY CLERK/DEPUTY CITY CLERK
_______________________________
CHAIRMAN/CHAIRMAN PRO TEM
CITY COUNCIL
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APPROVED BY ME ON
__________________________
PAM IORIO, MAYOR
PREPARED AND APPROVED AS TO
LEGAL SUFFICIENCY BY:
____________________________
DONNA D. WYSONG
ASSISTANT CITY ATTORNEY
MyDocuments/Donna/City of Tampa/Historic Preservation Ordinance 2-2-07
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