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O-308-C . CITY OF CLERMONT ORDINANCE NO. 308-C Page 1 . AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, RELATING TO HISTORIC PRESERVATION; CREATING CHAPTER 126 HISTORIC PRESERVATION AND THE FOLLOWING SECTIONS IN CHAPTER 126 OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT KNOWN AS THE LAND DEVELOPMENT REGULATIONS; SECTION 126-1 LEGISLATIVE INTENT; FINDINGS; SECTION 126-2 DEFINITIONS; SECTION 126-3 HISTORIC PRESERVATION COMMITTEE COMPOSITION; SECTION 126-4 HISTORIC STRUCTURE, HISTORIC SITE AND HISTORIC DISTRICT DESIGNATION CRITERIA; SECTION 126-5 POWERS AND DUTIES; SECTION 126-6 APPEALS; SECTION 126-7 RECOGNITION OF HISTORIC STRUCTURES, SITES AND DISTRICTS; 126-8 PROCEDURES; 126-9 INTERIM CONTROL; AND SECTION 126-10 PENALTIES FOR VIOLATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has detennined that there exists within the City of Clermont a number of historically significant buildings, sites, or other properties; and, WHEREAS, the City Council hereby detennines that it is essential that steps be taken to protect the historic properties located within the City; and, WHEREAS, the City's comprehensive plan recognizes the value of historic properties and structures to the City; and, WHEREAS, the City Council hereby detennines that the regulations set forth in this ordinance constitute the appropriate means of regulating development and preserving historic properties within the City of Clermont. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF CLERMONT AS FOLLOWS: SECTION I. A new ordinance entitled "Historic Preservation" is hereby adopted to read as follows: SECTION 126-1. LEGISLATIVE INTENT; FINDINGS It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements or sites of special character or special architectural, archeological or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people of Clermont. The purpose of this ordinance is to: A. . Effect and accomplish the protection, enhancement, and preservation of such improvements, sites and districts which represent or reflect elements of Clermont's cultural, social, economic, political and architectural history. B. Safeguard Clermont's historic and cultural heritage, as embodied and reflected in such historic structures, sites and districts. C. Stabilize and improve property values, and enhance the visual and aesthetic character of Clermont by reviewing alterations and new construction on historic structures, sites and districts. . CITY OF CLERMONT ORDINANCE NO. 308-C Page 2 . D. Protect and enhance Clermont's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry. SECTION 126-2. DEFINITIONS The definitions applicable in the implementation of this ordinance shall be as follows: Certificate of Appropriateness means the certificate issued pursuant to this ordinance approving alteration, rehabilitation, construction, reconstruction or demolition of a historic structure, historic site or any improvement in a historic district. Committee means the Historic Preservation Committee created under this section. Historic district is an area designated by the City Council on the recommendation of the committee that contains two or more historic improvements or sites. Historic site means any parcel of land of historic significance due to a substantial value in the tracing the history of man, or upon which a historic event has occurred, and which has been designated as a historic site under this ordinance or an improvement parcel, or part thereof, on which is situated a historic structure and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the historic structure is situated. Historic structure means any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of Clermont, state or nation and which has been designated as a historic structure pursuant to the provisions of this chapter. Improvement means any building, structure, place, work of art or other object constituting a physical betterment of real property, or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs and the like. Non-contributing property means a building, site, structure or object which does not add to the historic architectural qualities, historic associations, or archeological values for which a district is significant because (a) it was not present during the period of significance to the district or (b) due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity. SECTION 126-3. HISTORIC PRESERVATION COMMITTEE COMPOSITION A Historic Preservation Committee is hereby created, consisting of seven (7) members. Said members shall reside within the City and the Committee shall be comprised of, to the extent practicable as follows: a registered architect, an historian, a real estate broker, a licensed contractor, and three (3) citizen members. Each member shall have, to the highest extent practical, a known interest in historic preservation. The City Council shall appoint the members of this committee at the first regular meeting of the City Council each year. Terms of office of the members shall be two (2) years, except that the terms of three (3) of the original members of the Board shall expire after the first year. No person shall serve more than two (2) consecutive two (2) year terms on the Committee. Vacancies shall be filled by the City Council. When a vacancy occurs during a term of office, the person selected shall be appointed for the unexpired portion of the term. . CITY OF CLERMONT ORDINANCE NO. 308-C Page 3 . The Committee shall each year elect members to serve as Chainnan and Vice-Chairman. The Chairman shall preside at meetings of the Committee and shall have the right to vote. The Chairman shall be the spokesman for the Committee in presenting its policy to the public. In the absence of the Chairmau, the Vice-Chairman shall perform the duties of the Chairman. The City Manager, and through his direction, all subordinate officers and employees, the City Attorney and City Clerk shall provide as staff assistance to the Committee. The Committee shall meet at least once a month 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 the meeting. All meetings of the Committee shall be open to the public and applicants shall be given notice of the Committee's meetings and it's decision on their application. The Committee shall adopt and make public rules for the transaction of its business. A quorum shall consist of a majority of the Committee. A majority of those present shall be required for decisions involving recommendations on the designation of landmarks, landmark sites, historic districts, and for approval and denial of applications for Certificates of Appropriateness for structures, sites or areas. The Committee shall prepare and maintain minutes of its meetings. SECTION 126-4, HISTORIC STRUCTURE, HISTORIC SITE AND HISTORIC DISTRICT DESIGNATION CRITERIA A. For purposes of this ordinance, a historic structure, site or district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural, archeological or cultural significance to the city of Clermont such as historic structures, sites or districts which: I. Exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community; or 2. Are identified with historic personages or with important events in national, state, or local history; or 3. Embody the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; or 4. Are representative of the notable work of a master builder, designer. or architect who influenced his age; or 5. Have yielded, or are likely to yield, information important to history. B, The committee shall recommend specific operating guidelines for historic structure, historic site and historic district designations provided such are in conformance with the provisions of this ordinance. The City Council may adopt, modify or periodically amend these guidelines by Resolution of the Council. . CITY OF CLERMONT ORDINANCE NO. 308-C Page 4 . SECTION 126-5. POWERS AND DUTIES A. Designation The committee shall have the power, subject to Section VI, to recommend to the City Council designation of historic structures, historic sites and historic districts within the Clermont city limits. Such designations shall be made based on the content of Section IV of this ordinance and the guidelines adopted thereunder. Once designated, sites and districts shall be subject to all of the provisions of this ordinance. If the property owner(s) is not the applicant for designation of a structure, site or district, then the Committee shall give the affected property owner(s) prior written notice of committee designation of the structure, site or district at least 20 days prior to any such designation B. Regulation of Construction, Reconstruction, Alteration and Demolition 1. No owner or person in charge of a historic structure, historic site or structure within a historic district shall reconstruct, alter or demolish all or any part of the exterior of such property or construct any improvement upon such designated property or properties or cause or permit any such work to be performed upon such property or demolish such property unless a Certificate of Appropriateness has been granted by the Historic Preservation Committee. Until such certificate has been granted by the committee, the building official shall not issue a pennit for any such work. 2. The Committee shall adopt rules prescribing the procedure for making and reviewing applications for a Certificate of Appropriateness and the form and content thereof. 3.The following criteria shall be the basis on which the Committee approves or disapproves an application for a Certificate of Appropriateness, depending on the nature of the exterior alteration: A. New Construction shall be visually compatible with the buildings and environment with which it is visually related, including, but not limited to: the height, the floor·to· area ratio, the proportion between width and height of the exterior, the proportions and relationships between doors and windows, the relationship of solids to voids created by openings in the exterior, the texture inherent in the exterior, the colors, pattern and trim used on the exterior, and the design of the roof. The site and landscape plan shall be sensitive to the individual building, its occupants and needs, and shall be visually compatible with the buildings and environment with which it is visually related. To the extent possible, architectural features shall be incorporated to relate the new improvement or structure with the old and to preserve and enhance the characteristics of the District or structure. B. Alterations to existing buildings, structures or sites shall follow the criteria in this Section V insofar as applicable to the historic characteristics of the building, structure, or site and the buildings, structures or sites visually related to it. Alterations shall not affect the architectural quality or historic character of the building, structure or site, but shall, to the extent possible, maintain or restore the historic design and condition. Exterior signs or interior signs clearly visible ITom the exterior shall be compatible with the buildings and environment with which they are visually related and may be required to be modified in the Certificate of Appropriateness by the Committee, notwithstanding other Code provisions allowing more or different signage. . CITY OF CLERMONT ORDINANCE NO. 308-C Page 5 . C. Reconstruction of a building or structure damaged by fire, stonn or other catastrophe shall be reviewed by the Board according to the criteria in this ordinance prior to demolition or reconstruction. D. Demolition shall not be permitted if the building or structure has historic or architectural significance or is important to the historic district and the structure has not been destroyed to the extent of fifty percent (50%) or more of the replacement value. In the case of a request for demolition of a deteriorated building or structure, if any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair, the hardship should not be considered grounds for approval of the Certificate of Appropriateness. E. Minor changes which do not involve the physical alteration of a building structure and ordinary maintenance or minor repairs in roofing, siding, windows, railings and doors shall not require a Certificate of Appropriateness. Alterations, reconstruction, demolition and relocation of non-contributing structures shall not require a Certificate of Appropriateness, but do require review by the Committee. F. If the committee determines that the application for a Certificate of Appropriateness and the proposed changes are consistent with the character and features of the property or district, it shall issue the Certificate of Appropriateness. The committee shall make this decision within forty· five (45) days of the filing of the complete application. G. The issuance of the Certificate of Appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the city of Clennont. A building permit or other municipal permit shall be invalid and may be cancelled if it is obtained without the presentation of the Certificate of Appropriateness required for the proposed work. H. Ordinary maintenance and repairs may be undertaken without a Certificate of Appropriateness provided that the work involves repairs to existing features of a historic structure or site or the replacement of elements of a structure with pieces identical in appearance and provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit. SECTION 126-6. APPEALS Should the committee either (I) fail to issue, or (2) deny a Certificate of Appropriateness due to the failure of the proposal to confonn to this ordinance or the guidelines, or (3) impose conditions in the Certificate of Appropriateness that are objectionable to the applicant, then the applicant may appeal the decision of the Committee to the City Council within thirty (30) days. In addition, if the Committee fails to issue a Certificate of Appropriateness, the committee shall, with the cooperation of the applicant, work with the applicant in an attempt to obtain a Certificate of Appropriateness within the guidelines of this ordinance. . CITY OF CLERMONT ORDINANCE NO. 308-C Page 6 . SECTION 126-7. RECOGNITION OF HISTORIC STRUCTURES, SITES AND DISTRICTS At such time as a historic structure, site or district has been properly designated, the committee, in cooperation with the property owner, may cause to be erected on such property, at the City of Clermont's expense, a plaque declaring that such property is a historic structure, site or district. SECTION 126-8. PROCEDURES A. Designation of Historic Sites, Historic Structures and Historic Districts 1. The Committee may, after notice, recommend at a public meeting a historic structure, historic site or historic district for designation under this ordinance, or decline such designation, or rescind such designation. Any such recommendation by the Committee shall be forwarded to the City Council. At least ten (10) days prior to such hearing, on an application for Historic designation the Committee shall notify the owners of record of the property based upon ownership records maintained by the Lake County Property Appraiser, Lake County, Florida, and owners of property situated within two hundred feet of the boundaries of the property affected. 2. The committee shall then conduct the public hearing and may hear expert witnesses and interested citizens, and the applicant, and may secure records as it deems necessary. The committee may conduct an independent investigation into the proposed designation or rescission. 3. For Historic Districts, the Historic Preservation Committee shall prepare a historic preservation plan for each area. A historic District may be designated for any geographic area of particular historic, architectural, archeological, or cultural significance to the City of Clermont, and the Committee shall utilize the criteria in Section IV above. Each historic preservation plan prepared for or by the Historic Preservation Committee shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development, and a statement of preservation objectives. Any such plan should be reviewed by the Land Planning Agency and shall be effective when adopted by the City Council. The committee may, after notice and public hearing, recommend designation of historic structures, historic sites and Historic Districts or rescind recommendation, after application of the criteria in this ordinance and, if applicable, the Historic Preservation Plan. B. Review and Adoption Procedures I. The City Council, upon receipt of the recommendations ftom the Historic Preservation Committee, shall hold a public hearing to designate or reject the Historic Site, Structure or District or to consider adoption of the Historic Preservation Plan prepared for that district, and thereafter direct the implementation of such plan. 2. After the recommendation by the Committee and subsequently by the City Council, notification of any designation shall be sent to the property owner. Notification shall also be given to the City Clerk, Lake County Building Department, the City Planning and Zoning Commission and the County Property Appraiser. The designation or rescission shall be recorded, at City expense, in the County Public Records where deeds are recorded. . . CITY OF CLERMONT ORDINANCE NO. 308-C Page 7 SECTION 126-9. INTERIM CONTROL No building pennit shall be issued by the building inspector for alteration. demolition, or removal of a nominated historic structure, historic site, or any property or structure within a nominated historic district from the date of the meeting of the Historic Preservation Committee at which a nomination form is first presented until final disposition of the nomination by the Historic Preservation Committee or City Council unless such alteration, removal or demolition is authorized by action of the City Council as necessary for the public health, welfare and safety but in no event shall the delay in the public hearing be for more than sixty (60) days. SECTION 126-10. PENALTIES FOR VIOLATION This ordinance may be enforced in the alternative. A violation may be enforced as a misdemeanor or by injunctive relief or by referral to the Code Enforcement Board created pursuant to Chapter 162, Florida Statutes. In addition, the City may utilize the citation authority conferred by Chapter 162 and Chapter 166, Florida Statutes. If the City uses the citation authority, any person or persons violating any provision of this section shall be fined fifty dollars ($50) for each separate violation. Each and every day during which a violation continues shall be deemed a separate offense. Notice of violations shall be issued by the Code Enforcement Officer. SECTION 2. Conflicts. All Ordinances in conflict with the provisions of this Ordinance are hereby superceded and this Ordinance shall prevail. SECTION 3. Severability. If any words, phrase, sentence or portion of this Ordinance is stricken by a Florida Court of competent jurisdiction, all other terms and conditions of the Ordinance not specifically stricken shall remain in full force and effect. SECTION 4. Effective Date. This Ordinance shall become effective upon its adoption by the City Council of the City of Clermont, Florida. First Reading this 26"' day of June, 2001. Second Reading this 10"' day ofJuly, 2001. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS 10TH DAY OF JULY, 2001. ,.-. ~~ile,CityClerk