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ORDINANCE NO, 06-045
AN ORDINANCE OF THE COUNTY OF ST. LUCIE, FLORIDA,
AMENDING CHAPTER 1-10.2 OF THE ST, LUCIE COUNTY
CODE AND COMPILED LAWS TO CHANGE ALL REFERENCES
TO THE "HISTORIC PRESERVATION COMMITTEE" TO THE
"HISTORICAL COMMISSION"; DELETING SECTION 1-10.2-7
WHICH CREATED THE HISTORIC PRESERVATION
COMMITTEE; AMENDING CHAPTER 1-16-42 TO EXPAND THE
MEMBERSHIP OF THE HISTORICAL COMMISSION; TO
RESTRICT MEMBERSHIP TO RESIDENTS OF ST. LUCIE
COUNTY; TO ALLOW THE APPOINTMENT OF SPECIAL
ADVISORS; TO ADD ADDITIONAL DUTIES TO THE
HISTORICAL COMMISSION; PROVIDING FOR CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR APPLICABILITY; PROVIDING FOR FILING; PROVIDING
AN EFFECTIVE DATE; PROVIDING FOR ADOPTION;
PROVIDING FOR CODIFICATION.
Whereas, the Board of County Commissioners has of St. Lucie County, Florida,
has made the following determinations:
1. On August 2, 2005, the Board of County Commissioners adopted
Ordinance Number 05-003, creating Chapter 1-10.2 of the St. Lucie
County Code and Compiled Laws, known as the "Historic Preservation
Ordinance."
2. Section 1-10.2-7 created the "Historic Preservation Committee" as a
committee of the Historical Commission.
3. To date, the Board of County Commissioners has not received an
adequate number of applications to fill the positions on the Historical
Preservation Committee.
4. The Historical Commission has recommended to the Board of County
Commissioners that the Historic Preservation Committee be dissolved
and the Historical Commission take on the duties of the Historic
Preservation Committee as enumerated in Chapter 1-10.2.
5. The proposed ordinance is consistent with the general purpose, goals,
objectives and policies of the St. Lucie County Comprehensive Plan
and is in the best interest of the welfare of the citizens of St. Lucie
County Florida.
EDWIN M. FRY. Jr.. CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 29778141211312006 at 03:33 PM
OR BOOK 2720 PAGE 1950 -1991 Doc Type: QRON
RECORDING: $358.50
PART A. The specific amendments to Chapter 1-10.2 of the 51. Lucie County Code
and Complied Laws to read as follows, include:
ARTICLE 1. GENERAL
Section 1-10.2.1.
Short title.
This ordinance shall be known as the "St. Lucie County Historic
Preservation Ordinance."
Section 1-10.2.2. Purpose.
(1) It is hereby declared as a matter of public policy that the protection,
enhancement, and perpetuation of properties of historical, cultural,
archaeological, aesthetic and architectural merit are in the interests of the health,
prosperity and welfare of the people of St. Lucie County.
(2) The purpose of this Ordinance is to protect the significant historic
resources of St. Lucie County, to the maximum extent practicable, in accordance
with the goals and policies of the St. Lucie County Comprehensive Plan, by
providing procedures for the designation and subsequent review of certain types
of changes that are proposed for these resources.
(3) The safeguarding of the historic resources in St. Lucie County is also
intended to:
a. Foster civic pride in the accomplishments of the past;
b. Protect and enhance the County's historical heritage and provide
an economic stimulus through heritage tourism;
c. Promote the protection and maintenance of individual sites and
districts in public acquisition programs for the education, pleasure
and welfare of the people of St. Lucie County; and
d. Encourage adaptive use of historic resources by giving them
priority over activities that would harm or otherwise destroy their
historic value.
e. Enhance property values
f. Stabilize neighborhoods and business centers.
g. Increase economic and financial benefits to the County and its
inhabitants.
h. Combat blight.
I. Promote historic awareness in the County.
j. Enhance the visual and aesthetic character of the County.
k. Protect and enhance the archaeological resources of the County.
(4) In addition, the provisions of this Chapter will assist the County and
property owners to be eligible for federal tax incentives, federal and state grant
funds, and other potential property tax abatement programs for the purpose of
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furthering historic preservation activities, including, but not limited to, Section
193.503, Florida Statutes, and the National Register of Historic Places program.
(5) This ordinance is intended to and shall govern and be applicable to all
property located within the unincorporated areas of St. Lucie County, Florida.
(6) The historic preservation ordinance shall be filed, and it shall address the
following sections: the establishment of an Historic Preservation Committee with
certain powers and duties for the Historical Commission; the creation of a
process to designate historic buildings, sites, districts, landscape features, roads,
objects, structures, and archaeological sites; a process of review for issuing
certificates of appropriateness, and an appeal process. The County shall submit
the ordinance to the National Register of Historic Places for certification of
eligibility for the 1981 Economic Recovery Tax Act, as amended.
(7) The St. Lucie County Register of Historic Places is hereby created as a
means of identifying and classifying various sites, buildings, structures, objects
and districts as historically significant.
Section 1-10.2-3. Definitions
(1) Adaptive use: The process of converting a building to a use other than that
for which it was designed.
(2) Addition: A construction project physically connected to the exterior of a
historic building.
(3) Alteration: Any change affecting the exterior or appearance of an existing
improvement by additions, reconstruction, remodeling or maintenance involving
change of color, form, texture or materials, or any such changes in appearance
of specially designated interiors.
(4) Archaeological site: A single specific location that has yielded or is likely to
yield information on local history or prehistory.
(5) Archaeological zone: A geographically defined area, defined in the
Archaeological Survey of St. Lucie County, Florida (2000), as amended, which
may reasonably be expected to yield information on local history or prehistory
based upon broad prehistoric or historic settlement patterns.
(6) Artifact: Any object that is a product of human modification or objects that
have been transported to a site by people.
(7) Building: A resource created principally to shelter any form of human
activity such as a house, barn, church, hotel or similar construction.
(8) Board: The St. Lucie County Board of County Commissioners.
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(9) Certificate of Appropriateness: A certificate issued by the St. Lucie County
Historio Preservation Committee Historical Commission or its designated staff,
which permits certain alterations or improvements to a designated individual site
or a property within a historic district.
(10) Certificate to Dig: A type of certificate of appropriateness required by the
County for certain ground disturbing activities, such as filling, grading, and the
removal of vegetation and trees but excluding swimming pool excavation.
(11) Certified Local Government: A government satisfying the requirements of
the National Historic Preservation Act Amendments of 1980 (P. L. 96-515) and
the implementing of regulations of the U.S. Department of the Interior and the
State of Florida, Division of Historical Resources. A government that is certified
will review all nominations to the National Register of Historic Places within its
jurisdiction prior to reviews at the state and federal levels.
(12) Contributing resource: A building, site, landscape feature, object,
structure, or archaeological resource that adds to the historic associations,
historic architectural qualities, or archaeological values for which a property is
significant because it was present during the period of significance, relates to the
documented significance of the property, and possesses historic integrity or is
capable of yielding important historical information.
(13) Demolition: The act or process of wrecking, destroying or removing any
building or structure, or any portion thereof.
(14) Designated exterior: All outside surfaces of any building or structure that is
individually listed or listed in the designation report as having significant value to
the historic character of the building or district.
(15) Designation report: A document prepared by the staff of the Historio
Preserlation Committee Historical Commission for all properties or districts that
are proposed for local historic designation. The report, at a minimum, must
include a boundary description of the proposed site or district, an evaluation of its
significance as it relates to the criteria for significance, location maps,
representative photographs and a physical description of the historic resource(s).
(16) Earthworks: Earthworks consist of linear ridges, circular embankments,
and causeways constructed of earth and/or shell, as well as their associated
borrow pits, and both linear and circular ditches. These are most often
associated with other precontact features such as mounds or middens, but they
may occasionally be encountered in isolation.
(17) Excavation: Any mechanical or manual removal of rock, consolidated or
unconsolidated soil material, sand, or vegetation. "Excavation" includes, but is
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not limited to, dredging, draglining, bulldozing, scraping, digging, scooping, or
hollowing out.
(18) Exceptional historic resource: A cultural or historic resource, which would
reasonably meet national, state or local criteria for historic designation and meets
one or more of the following criteria:
a. It is one of a kind or one of the last of its kind in the County
or region; or falls within a category of resources so fragile that survivors
are unusual.
b. It possesses a design value quickly recognized as
historically significant by the architectural or engineering profession.
c. It falls within a category of those resources for which the
community has an unusually strong associative attachment; or reflects the
extraordinary impact of a political or social event.
d. It is an integral part of a district that is eligible for listing in the
National Register of Historic Places.
e. Retention of the historic resource promotes the public good
of the County by providing an opportunity to interpret history, architecture
and design.
(19) Historical Commission: The St. Lucie County Historical Commission
established pursuant to Section 1-16-41, St. Lucie County Code of Ordinances
and Compiled Laws.
(20) Historic district: A geographically defined area possessing a significant
concentration, linkage or continuity of buildings, structures, objects,
improvements or landscape features. united by historic events or by plan or
physical development, and which area has been designated as a Historic District
pursuant to procedures described herein.
(21) Historic landscape feature: Individual plants, such as a specimen tree, or
groups of plants, such as a hedge, allee, agricultural field, planting bed, or a
naturally occurring plant community or habitat, with historical significance.
(22) Historic; P-rosorlation Committee: TAe St. L~oie CO~Rty Historio
Prescr\'atieR Committee, a c;itizen aEl'/isory oemmittee establisheEl in aooordaRec
with I\rtielc III of this or-dinanoe.
(2~J) Historic Preservation Officer. A person appointed by the County
Administrator to serve as the staff to the Historio Preservation Committee
Historical Commission. That person shall be experienced in, or knowledgeable
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about, architectural history, urban design, historic preservation principles,
planning and land use regulations.
(2;!4) Historic Preservation Trust Fund: The St. Lucie County Historic
Preservation Trust Fund created for the purpose of funding the preservation of
historic resources within the unincorporated areas of the County.
(21,&) Historic resource: Any prehistoric or historic district, site, building, object or
other real or personal property of historical, architectural or archaeological value.
The properties may include, but are not limited to, monuments, memorials,
habitations, ceremonial sites, abandoned settlements, sunken or abandoned
ships, engineering works, treasure troves, artifacts, or other objects with intrinsic
historical or archaeological value, or any part thereof relating to the history,
government or culture of the County, the State of Florida, or the United States of
America.
(2Qê) Interim protection measure: The interim period of time needed to protect a
property from demolition, relocation, alteration, or new construction until such
period of time provided by law passes for the property to be considered for
designation as a historic site, or historic district, or zone.
(2Q.1-) Local Register of Historic Places: The St. Lucie County Register of
Historic Places.
(2Z8) National Register of Historic Places: A federal listing maintained by the
U.S. Department of the Interior of buildings, structures, sites, objects and districts
that have met the criteria for significance contained in the National Historic
Preservation Act of 1966 (as amended.)
(2ª9) Non-contributing resource: A building, site, landscape feature, object, or
structure that does not add to the historic architectural qualities, historic
associations or archaeological values for which a property is significant because
it was not present during the period of significance or does not relate to the
documented significance of the property and/or, due to alterations, disturbances,
additions, or other changes, it no longer possesses historic integrity or is no
longer capable of yielding important information about the period.
(29JQ) Object: Those objects that are primarily artistic in nature, or are relatively
small in scale and simply constructed. It may be, by nature or design, movable;
an object is associated with a specific setting or environment.
(3Q-t) Ordinary maintenance and repair: Any exterior work for which a building
permit is not required by law, where the purpose and effect of such work is to
correct any physical deterioration or damage of an element, by restoring it as
nearly as possible to its appearance using materials consistent with the original
materials.
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(312) Preservation: The act or process of applying measures necessary to
sustain the existing form, integrity, and materials of an historic property.
(3~J) Rehabilitation: The act or process of returning a property to a state of
utility through repair or alteration which makes possible an efficient contemporary
use, while preserving those portions or features of the property that are
significant to its historical, architectural and cultural values.
(3;!4) Resource of Exceptional Importance: A historic resource that is of
exceptional importance because it is (a) one of a kind; (b) directly related to a
major theme in the County or region's development; and (c) significant in multiple
areas which can include history, architecture, landscape design, or archaeology.
(31,&) Restoration: The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular period of time by
means of removal of later work or by the replacement of missing earlier work and
utilizing traditional materials.
(3Qê) Scale: The character of any architectural work is determined both in its
internal space and in its external volume by the fundamental factor of scale, the
relation between the interior space and exterior volume.
(3Q.1-) Secretary of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitation of Historic Buildings: A set of guidelines produced by the
Department of the Interior that establish professional standards and provide
advice and guidelines on the rehabilitation of historic properties and acceptable
preservation treatments. The standards pertain to exterior and interior work on
historic buildings.
(3Z8) Site: The location of a significant event, a prehistoric or historic
occupation or activity, or a structure, whether standing, ruined, or vanished,
where the location itself possess historic, cultural, archaeological, or
paleontological value regardless of the value of any exiting structure.
(3ª9) St. Lucie County Historic Resources Survey, 2003: A survey that identifies
the historic resources of St. Lucie County. The survey results include mapping;
photographic documentation; research into the date of construction and original
uses; and a detailed description of each resource.
(394G) Special Certificate of Appropriateness: A Special Certificate of
Appropriateness is required for work that includes: additions, alterations, new
construction, relocations, or demolition, and for those instances when the
proposed work is deemed to have a significant impact on the historic resource(s).
The Historio Preservation Committee Historical Commission shall review the
request.
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(4Q-t) Standard Certificate of Appropriateness: A Standard Certificate of
Appropriateness shall be issued by the staff of the Historio Preservation
Committee Historical Commission when the work proposed is a minor alteration,
routine maintenance or in-kind replacement as set forth in the rules adopted by
the Histerie PreservatieR Committee Historical Commission.
(412) St. Lucie County Register of Historic Places: A register of those individual
cultural and historic resources and districts that have been designated as historic
pursuant to this ordinance.
(4~J) Streetscape: A view or vista of a specific street, the distinguishing
characteristics of which are created by the width of the street and sidewalks, their
paving material and color, the design of street furniture, the use of plant materials
such as trees and shrubs, the setback, mass, proportion and scale of those
buildings that enclose the street.
(4;!4) Structure: Those functional constructions made usually for purposes other
than human shelter.
(41,&) Undue economic hardship: An exceptional financial burden that might
otherwise amount to the taking of property without just compensation, or failure
to achieve a reasonable economic return.
Section 1-10.2-4. Historic Preservation Trust Fund.
(1) The Clerk of the Circuit Court of St. Lucie County, acting as clerk and
auditor to the Board is hereby authorized and directed to establish in the
accounts of the Board of County Commissioners a St. Lucie County Historic
Preservation Trust Fund. The Clerk shall deposit such funds donated or
otherwise contributed to the County for historic preservation into the St. Lucie
County Historic Preservation Trust Fund.
(2) The Board shall distribute the funds placed in the St. Lucie County Historic
Preservation Trust Fund, plus accrued interest, to undertake a historic
preservation strategy as determined by the Board.
ARTICLE II. HISTORIC PRESERVATION OFFICER
Section 1-10.2-5. Appointment and duties.
The County Administrator shall appoint an employee of the Board to serve as the
St. Lucie County Historic Preservation Officer. The appointee shall be
knowledgeable and experienced in architectural history, urban design, local
history, site planning and land use regulations. The Historic Preservation Officer
shall:
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(1) Schedule the meetings of the Historical Pr-oservation Committee
Commission, prepare agendas, and ensure that proper notice of the meetings
are afforded to the public and affected parties.
(2) Prepare local historic designation reports and make
recommendations to the Historio Pr-eservalion Committee Historical Commission
as to whether or not they meet the designation criteria under Article IV of this
ordinance.
(3) Upon receipt of a completed application for a Certificate of
Appropriateness, evaluate the scope of the project to determine whether it will be
considered for review as a Standard or Special Certificate of Appropriateness,
and then process the application as described in Article V and VI of this
ordinance.
(4) Maintain and update the official inventory and map of historically
designated sites and districts.
(5) Prepare summaries of all decisions regarding applications to
include the criteria and conditions for approval or denial.
(6) Review all plans for designated historic sites and historic districts,
for their compliance with the terms and conditions of applicable Certificates of
Appropriateness or Certificate to Dig prior to the issuance of a construction or
vegetation removal permit.
(7) Apply for preservation grants and actively participate in other
historic preservation programs, such as the Historic Marker Program,
administered by the Florida Division of Historical Resources, Bureau of Historic
Preservation.
(8) Serve as the Certified Local Government Coordinator between the
Board and the Florida Division of Historical Resources, Bureau of Historic
Preservation.
ARTIClli III. HISTORIC PRIiSIiRVATION COMMITTIiIi
SestiaR 1 10.2 6. CreatiaR.
The St. L~oie County Historio Preservation Committee is hereby oreated and
established as a committee of The St. L~oie Ce~Rty Historioal Commission. The
Committee is hereby vested with the power, a~thority and j~risEliÐtion to
reoommend 10Ðal historic designations; issue Certifioates of .^.ppropriateness;
and to FCgulate and aElminister the historioal, o~ltuF3l, areRiteotural and
archaeological resouroes in SI. L~oie CO~Rty, as presoribed by this ordinanoe
and the direot j~risdiotion and legislative oontrol of the Boar-d.
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SeGtion 1 10.27. Composition; qualifiGation of members.
(1) The Historio Preservation Committee shall consist of seven (7)
memBers. Eaoh one of the five (5) Co~nty Commissioners shall individually
appoiRt one member of the Historio Preservation Committee '....hose term shall
ooiReide '....ith the term of the Commissioner '.\'ho appointed that member. The
Board shall oollectively appoint the other two (2) at large members from the
Historioal Commission whose initial terms on the Historio Preservation
Committee shall be established by resol~tieR of the Board. Eaoh memBer of the
Historis Preservation Committee shall hold offioe only so long as he or she is a
resident of St. Luoie County. To the extent praotioable, the Board shall appoint
praoticing or retired professional members from the following disoiplines who
have demonstr3ted a signifioant level of interest, experience or kno'Nledge in
historio preservation:
a. /\nthropology or archaeology
b. Real estate, land de'lelopment or finanoe
o. History, folklore or 3rchitectural history
d. Conservation or o~ration
e. Nehiteoture or historio architeoture
f. Historie preservation
g. Land use pl3nning or historic preservatieR planning
h. General or residential contractor
I. Professional engineer
In the event persons in suoh disoiplines arc una'/ailable, the Board may appoint
indi'/iEl~als who have demonstrated 3 signifioant level of inter-est, experienoe or
knowledge in historio preservation.
(2) Speoial advisors may Be appointed by the Beard upon the
reoommendation of the Historio Preservation Cemmittee. They shall serle as ex
offioio members having no vote. The Historio Preservation Committee m3Y also
Geek expertise on proposals or matters req~iring e'¡al~ation by a profession not
represented on the Historio Preservation Committee.
(3) Members ef the Historio Preservation Committee shall serve
without oompensation, but shall be reimbursed for neoessary expenses direotly
related to the performanoe of their offioial d~ties.
SeGtion 1 10.2 8. Term; remo\'al.
(1) The term limit for servise to the Historio Preservation Committee
shall be twe (2) conseoutive f-our (1) year terms, not to exceed a total of eight (8)
years.
(2) I\n at large member ef the Historio Preservation Committee may be
remo'/ed from offioe only BY a vote of the Board.
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(3) Sho~ld a Historio Pr-eservatien Committee member fail to attend
three (3) oonseoutive moetings, the Committee Chairman shall certify the same
to the Board. Upon suoh oertifioation, the member shallliJe deemed to have been
removed and the Board shall fill the vaoancy by appointment.
SeGtion 1 10.29. Organization.
The members of the Historio Preservation Committee sRall eleGt FAembers to
serve as the Committee's Chair anE! Vioe Chair, for a period of one (1) year.
Nothing shall prevent tRe Historio Preservation Committee from eleoting a Chair
or Vice Chair for suooessi'lG terms. The Historio Preservation Officer or suoh
Offioer's representative shall serve as staff liaison to the Historio Preservation
Committee with no vote.
SeGtion 1 10.210. Meetings, reGords
(1) MeetiRgs. The Historio Preservation Committee shall be r-e(; ~ired to
holE! mgular meetings at least four (4) times a year or more frequently as may be
necessary to satisfy the review and hearing requir-oments set forth in the this
ordinaRoe. The Historio Preservation Committee may oond~ot speoial meetings
as the Historio Preservation Committee may determine, or at the oall of the Chair
for consideration of b~siness before the Historio Preservation Committee. 1\11
meetings of the Historio Preservation Committee shall be publioly announced and
shall be open to the publio. Meetings '....ill have a pr-ovio~sly advertised agenda.
The time and place of the meetings, the order of b~siness and the prooed~res to
be followed shall be as presoribed by the Historio Preservation Committee and
shall be available for p~blio inspeotion. 1\11 meetings GORVeReE! to GonsiE!er looal
historic designation, Certifioates to Dig or Special Certifioates of ^ppropriateness
shall be ad'lGrtised at lea€t ten (10) days prior to the meeting in a newspaper
ha'/ing a general circulation within St. L~oie Co~nty.
(2) '/-oting. /\11 Historio Preservation Committee meetings will be held in
a puliJlie for~m. /\ majority of the Historio PreGervation Committee shall Gonstit~te
a quorum, and an affirmative vote equal to a majority of the q~or~m present,
whiohever is greater, shall be neoessary for the adoption of any motion.
(3) MiRwt-eS. The Historio Preservation Committee shall keep min~tes
and reoorE!s of all meetings and prooeedings, inoluding voting reoords,
atteRE!anoe, resol~tions, findings, determinations, and deoisions. S~oh reGords
shall be filed in the offioe of the Historio Pr-eservation Officer and shall be open
for public inspeotion.
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SeGtion 110.2 11. Rules and regulations.
The Historio Preservation Committee shall reoommend to the Board suoh rules
and regulations reasonably neoessary and appropriate fer the proper
administration and enforoement of the provisions of this ordinanoe. S~oh r~les
and r-ogulations shall oonform to the provisions of ti=lis ordinanoe, shall not oonfliot
with any applioable laws or r-egulations, and shall govern and oontrol prooed~res,
hearings and actions of the Historio Preservation Committee. No suoh rules and
regulations shall beoome effective until a public hearing has been held by the
Board upon the proposed rloIles and regulations, and any amendments or
modifioations ther-ete, and the same have been approved by resol~tion of ti=le
BearE! and filed with the Clerk of the Ciro~it Ce~rt. Upon appro'l(]l by the Board,
s~Gh r~les and r-eg~lations shall have the foroe and effeot of law within the
~ninoorJ3orated areas of St. L~oie County, Flerida.
SeGtion 1 10.212. FunGtions, powers and duties.
The Historio Preservation Committee shall have the following powers and d~ties:
(1) Reoommend adoption or amendment of Rules of Prooedure.
(2) Reoommend designation of individual sites, and historio distriots
and arohaeologioal zones.
(3)
distriots.
Initiate petitions for the designation of individ~al sites and historio
(4)
Issue or deny Certifioates of /\ppropriateness and Certifioates to
~
(5) I\pprove i=listerioal markers for properties listed in the St. Luoie
County Register of Historio Plaoes.
(6) Reoommend b~ilding and zoning amendments to the proper
authorities.
(7) E:stablish oriteria for staff to issue Standard Certifioates of
/\ppropriateness.
(8) Review and ~J3E!ate the St. Luoie Co~nty Historio Resouroes Survey
and the Nohaeologioal Survey of St. L~oie County.
(9) Promote the awareness of historio preservation concerns
thre~ghe~t the oomm~Rity.
(10) Reviell.' and make reoommendations regarding the aooeptanoe of
E!oRations of real J3roperty to the Board.
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. ,,' ions of the zonin.g
d as apprepriate that oerta~~:~':nooUraging histono
(11) Reoomm:n d or s~peroeded as a me
'eE! amen",e
",. b. "" . . '''''00''",' 'h,
P""" ""'b". ., "',,Ie "." ''''''.~' ':~, :;:' ~"" """," ..
ContaGt J)~1J1l0 .an moments that maÿ lea
purpos~1~~ arranginhg :n~~;h~n~~~e~~ise be demolished.
.. ·IS"," ""'''''',' , . "j,,, b, ...., "b"~
" " ,p" p," co. 'c, 0 ., 'ffi"''''''".II,.
(1 J) Eval~ate and 's~~:~~volopment. and a~:t~i~~~n~nd archaeologioal
agencies that affeot t~~ ro~¡oaIlY signifioant sites, d
a roh,c.'.. ,,,,",., " I
Division of Historioa
zones. State of Florida's
'14) Coordinate I \GVito~'er~:ent program as follows:
\ G Ft fleE! booa .s rior notioe of. all
R.,."", · " , ".0 '"'''' (30) 'a, p ,'hc OM""
The Division shall :e.: following SUGh meeting e of both the
. a. and within thirty (JO) taÿ and reoord of attendano
mc""" "dc' wOh ". ml""" 1 C,mm""
shall be pro. I 1J1i0 . . f any change 0
comm~tee an~h~e~~SiO~ E!shallo~~n~O~~I=~g:s in meom:'I~~~~~~ihiR five (5)
. . th·", (ag) .. "Y' P .,'ah"... ...",
mbers within . I St te Historio res.. Iterations to eXI
me o. Notify the ... ahistorio designations or a
'"'0''' 'a" .. all ".. . 'hall b. "'m"c' " Ih~
designations. . ndments to the or~:.n~~o~d oomment at least thlrt}
d. /\n~ 3me. Offioer for re.le.. a .
U' torio Preserva.tlon II" "rovided with
Slate "co , "" '" ,ha.. .. " . ,
('0) 'a" .,.~:~ ao,~¡"c,' " H''''~'';,':.,,:::~' a"""" .. ,~: ::~.::~.
e. rt by November d shall InGlude
an ann~al repo h September 30 an
October 1 throug .
information: d's R~les of Prosed~re,
11 nges iR the Boar .. .
Any 0 a t' nal Register IIstln~s, d alterations to
.'\11 nmv Na I~ l1'sterio designations an
All new looa I. . . of
~~isting deSignatl~ns, E! memberchips and a oop~
s to -oar
.'\ny Ohanges' .. as a"propriato;
their resume , f BoarE! memuers ...
. eEl resumes 0 teF
RevIs t to this Chap, t'''Tos with 3
Any 3mendmen s E! iA"entory ao 1.11
. . f P'sy aR .
.^. reviow 0 f ~~ 'system used; . t E! aotivitios;
desoription 0 e on oaoh grant assls e
.'\ program report
t uie,uod
Number of J)rojes s re. .. .
aM
1.
2.
J.
4.
5.
ê.
7.
B.
9.
13
(15) The Historio Preservation Committee shall have the a~thority to
review applioations for Certifioates of I\ppropriateness for all property in the
uninoorporated St. Luoie CO~Rty, however o'llned, by either private or public
parties. Exoept as otheF\vise fJro'lided by law, this shall afJfJly equally to plans;
projeots or 'Nork exeGuted or assisteEl by any private party, gO'/Grnmental body or
agenoy, department, authority or board of a munioipality, the County, or the State
of Florida.
(16) The Historio Preservation Committee shall reoeive all nominations
of looal property to the National Register of Historio Plaoes following the
regulations of the State Historio Preservation Offioe. The Committee shall give
notioe to the owner of the property at least thirty (30) days but not mom than
seventy five (75) d;:¡ys prior to the Historio Preservation Committee meeting at
whioh the nomination will be oonsidereEl. Hle Committee shall also obtain
appro':al by the Boar-d for the nomination to the National Register, and these
reoommendations shall be gi'/eR to the Board within thirty (30) days. The
Committee shall obtain oomments from the p~blio that shall be iRGI~ded in the
report making a r-eoommendation. Objeotions to being listed in the National
Register by property owners must be notarized and filed '....ith the Historio
Preservation Offioer. 'Nithin thirty (30) days after the Board meeting, the
Committee reoommendation shall be forwarded to the State Historio Preservation
Offioer. The State Historio Preservation Offioer '....iII take further steps on the
nomination in aGOorElaRGe '/:itl=l federal and state regulations. If the Board
supports the nomination, the State Historis Preservation Offioer will sohedule the
nomination for consideration by the state review board for the National Register
at its next regular meeting.
ARTICLE III pt. DESIGNATION PROCESS AND PROCEDURE
Section 1-10.2-6. Role of the Historical Commission
ill General Powers. The St. Lucie Countv Historical Commission is
herebv vested with the power, authoritv and iurisdiction to recommend local
historical desianations: issue Certificates of Appropriateness: and to reaulate and
administer the historical. cultural. architectural and archaeoloaical resources in
St. Lucie Countv, as prescribed by this ordinance and the direct iurisdiction and
leaislative control of the Board. The composition and aualification of members of
the SI. Lucie Countv Historical Commission shall be as set out in Section 1-16-
41, St. Lucie Countv Code of Ordinances and Compiled Laws.
(2) Rules and Reaulations. The Historical Commission shall
recommend to the Board such rules and reaulations reasonably necessarv and
appropriate for the proper administration and enforcement of the provisions of
this ordinance. Such rule and reaulations shall conform to the provisions of this
ordinance. shall not conflict with anv applicable laws or reaulations, and shall
aovern and control procedures, hearinas and actions of the Historical
14
Commission. No such rules and reaulations shall become effective until a public
hearinQ has been held bv the Board upon the proposed rules and reaulations,
and amendments or modifications thereto, and the same have been approved by
resolution of the Board and filed with the Clerk of the Circuit Court. Upon
approval by the Board, such rules and reQulations shall have the force and effect
of law within the unincorporated areas of St. Lucie County, Florida.
(3) Functions, Powers, and Duties. The Historical Commission shall
have the followinQ powers and duties:
(A) Recommend adoption or amendment of Rules of Procedure.
lID Recommend desianation of individual sites, and historic
districts and archaeoloaical zones.
f.Çl Initiate petitions for the desianation of individual sites and
historic districts.
(0) Issue or denv Certificates of Appropriateness and
Certificates to Dia.
l£l Approve historical markers for properties listed in the St.
Lucie County ReQister of Historic Places.
íÐ Recommend buildina and zonina amendments to the proper
authorities.
fill Establish criteria for staff to issue Standard Certificates of
Appropriateness.
ilil Review and update the St. Lucie Countv Historic Resources
Survey and the Archaeoloaical Survev of St. Lucie Countv.
ill Promote the awareness of historic preservation concerns
throuahout the communitv.
W Review and make recommendations reaardina the
acceptance of donations of real propertv to the Board.
llil Recommend as appropriate that certain provisions of the
zoninQ code be varied. amended or superceded as a means of encouraaina
historic preservation.
ill Contact public and private orQanizations and individuals for
the purpose of arranaina intervenina aareements that may lead to the
preservation of historic resources that miaht otherwise be demolished.
15
íM.l Evaluate and comment upon pendina decisions bv other
public aaencies that affect the phvsical development and appearance of
architecturallv, archaeoloaically or historicallv sionificant sites, districts and
archaeolooical zones.
fill Coordinate with the State of Florida's Division of Historical
Resources Certified Local Government proaram as follows:
1. The Division shall be oiven thirtv (30) davs prior
notice of all meetinos and within thirtv (30) davs followina such meetinas
the Division shall be provided with the minutes and record of attendance
of both the Committee and the public.
2. The Division shall be notified of any chanae of
Committee members within thirtv (30) days of anv chanoes in
membership.
3. Notifv the State Historic Preservation Officer within
five (5) business days of all new historic desionations or alterations to
existina desianations.
4. Any amendments to the ordinance shall be submitted
to the State Historic Preservation Officer for review and comment at least
thirty (30) days prior to adoption.
5. The Division of Historical Resources shall be provided
with an annual report by November 1 coverina activities of the previous
October 1 throuah September 30 and shall include the followina
information:
a. Any chanaes in the Board's Rules of
Procedure:
b. All new National Reaister listinos:
c. All new local historic desianations and
alterations to existina desionations:
d. Anv chanaes to Board memberships and a
copv of their resumes:
e. Revised resumes of Board members as
appropriate:
f. Any amendments to this Chapter:
g. A review of survev and inventorv activities with
a description of the svstem used:
h. A proaram report on each arant-assisted
activities; and
i. Number of proiects reviewed.
íQl The Historical Commission shall have the authority to review
applications for Certificates of Appropriateness for all propertv in the
unincorporated St. Lucie Countv, however owned, bv either private or public
parties. Except as otherwise provided by law, this shall apply eauallv to plans:
proiects or work executed or assisted bv anv private party, oovernmental body or
16
aQency, department. authoritv or board of a municipalitv, the Countv, or the State
of Florida.
(P) The Historical Commission shall receive all nominations of
local propertv to the National ReQister of Historic Places followinQ the reQulations
of the State Historic Preservation Office. The Commission shall Qive notice to the
owner of the propertv at least thirtv (30) days but not more than seventv-five (75)
days prior to the Historical Commission meetinQ at which the nomination will be
considered. The Commission shall also obtain approval bv the Board for the
nomination to the National ReQister, and these recommendations shall be Qiven
to the Board within thirtv (30) days. The Commission shall obtain comments from
the public that shall be included in the report makinQ a recommendation.
Obiections to beinQ listed in the National ReQister by propertv owners must be
notarized and filed with the Historic Preservation Officer. Within thirtv (30) davs
after the Board meetinQ, the Commission recommendation shall be forwarded to
the State Historic Preservation Officer. The State Historic Preservation Officer
will take further steps on the nomination in accordance with federal and state
reQulations. If the Board supports the nomination. the State Historic Preservation
Officer will schedule the nomination for consideration bv the state review board
for the National ReQister at its next reQular meetinQ.
Section 1-10.2-Z-n.
Criteria.
(1) The Historio Preservation Committee Historical Commission shall
have the authority to recommend designation of buildings, sites, districts,
landscape features, roads, objects, structures and resources as sites, districts or
zones that are significant in St. Lucie County's history, architecture, archaeology
or culture and possess an integrity of location, design, setting, materials,
workmanship, feeling or association, and meets one or more of the following
criteria:
a. Significant Event - Associated with distinctive elements of
the cultural, social, political, economic, scientific, religious, prehistoric and
architectural history that have contributed to the pattern of history in the
community, SI. Lucie County, the region, the state or the nation; or
b. Significant Person - Associated with persons significant in
the County, the region, the state or the nation's past; or
c. Architectural Significance· - Embodies the distinctive
characteristics of a type, period, style or method of construction or work of
a master; or that possess high artistic value; or that represent a
distinguishable entity whose components may lack individual distinction;
or
d. Archaeological Significance - Has yielded, or is likely to yield
information in history or prehistory; or
17
e. Listed in the National Register of Historic Places; or
f. Aesthetic Significance - Is part of or related to a landscape,
park, environmental feature or other distinctive area, and should be
developed or preserved according to a plan based upon a historic,
cultural, or architectural motif; or because of its prominent or special local,
contrast of siting, age, or scale is an easily identifiable visual feature of a
neighborhood or area or contributes to the distinctive quality of such
neighborhood or area.
(2) Certain properties, which include cemeteries, birthplaces,
properties owned by religious institutions or used for religious purposes,
structures that have been moved from their original locations, properties that
have achieved significance within the last fifty (50) years, and properties
commemorative in nature will not normally be considered for designation on the
St. Lucie County Register of Historic Places. However, such properties will
qualify if they are integral parts of districts that do meet the criteria, or if they fall
within the following categories:
a. A religious property deriving primary significance from
architectural or artistic distinction of historical importance;
b. A building or structure removed from its location but which is
primarily significant for architectural value, or is the surviving structure
most importantly associated with an historic event or person;
c. There is no other appropriate site or building directly
associated with the life of a person significant in the County, the region,
the state or the nation's past;
d. A cemetery that derives its primary significance from graves
of persons of transcendent importance, from age, distinctive design
features, or from association with historic events;
e.
tradition or
significance;
A property primarily commemorative in intent if design, age,
symbolic value has invested it with its own historical
f. A property or district achieving significance within the past
fifty (50) years if it is of exceptional importance.
18
Section 1-10.2-.!!.-W.
Procedures for historic designation.
Properties that meet the criteria for local historic sites and local historic districts
set forth in Section 1-10.2-12 shall be designated according to the following
procedures:
(1) Petition of the owner. The owner(s) of any property in St. Lucie
County may petition the Historio Preservation Committee Historical Commission
for designation of their property as an individual site or district. The Historic
Preservation Officer shall, based on its findings,.either recommend a designation
report be prepared or recommend denial of the petition. Nothing in this
subsection shall be deemed to restrict the power of the HistoriG Preservation
Committee Historical Commission to initiate the designation process pursuant to
this section.
(2) Directive of the Historio PreserlfJtfen CommittfJo Historical
Commission. Histeric Preservation Committee Historical Commission shall either
accept or deny the application. By accepting the application, the Historio
Preservation Committee Historical Commission must set a date for a public
hearing and shall direct staff to complete the designation report and notify the
proper parties of the public hearing.
(3) Initiation by the Historio PreserlfJtion Committee Historical
Commission - Based upon written recommendations from local, state or national
historical organizations, the Historio Preservation Committee Historical
Commission may initiate the designation of properties which would meet the
criteria for an Exceptional Historic Resource as defined in Section 1-10.2-3(18)
by notifying the property owner and directing the Historic Preservation Officer to
prepare the designation report.
(4) Designation Reports. Prior to the designation of an individual site or
a district, the Historic Preservation Officer shall prepare an investigation and
designation report and submit it to the Historio Preservation Committee Historical
Commission. All reports must address the following:
a. Legal description of the property.
b. The historical, cultural, architectural or archaeological
significance or how the property fulfills the criteria for designation.
c. Whether the property meets the criteria for an Exceptional
Historic Resource as defined in Section 1-10.2-3(18).
d. Boundaries for individual historic sites and a
recommendation of boundaries for districts. When a district is
recommended, the report must identify those properties which are
considered "contributing" (i.e., that they contribute to creating the
19
historic character of the district) or "non-contributing" (i.e., that they
do not contribute to creating the character of the district), but which
require regulation in order to control potentially adverse influences
on the character and integrity of the district. The standards for
regulating non-contributing properties shall provide that a
Certificate of Appropriateness and/or Certificate to Dig, as
appropriate, shall be required for alterations and new construction
on such properties.
e. Zoning Regulations. Every historic site and historic district
may include detailed zoning regulations made to be compatible with
its designation. Such regulations may be designed to supplant or
modify any element of existing zoning regulations, including but not
limited to use, floor area ratio, density, height, set-backs, parking,
minimum lot size or create any additional regulations provided for in
this section. The zoning amendment may identify individual
properties, improvements, landscape features or sites for which
different regulations; standards and procedures may be required.
Said zoning regulations shall not be effective until the Board
approves the regulations.
f. The report shall also contain a location map and
photographs of all exterior surfaces, and interiors when applicable.
g. Optional Designation of Interiors. Normally interior spaces
shall not be subject to regulation under this ordinance; however, in
cases of existing structures that possess interior spaces that are of
exceptional architectural, artistic or historical importance, and are
interior spaces which are customarily open to the public, they may
be specifically designated. The Designation Report shall describe
precisely those features subject to review and shall set forth
standards and guidelines for such regulations.
h. Designation reports shall also include a copy of any survey
materials related to such property, the property appraiser's records
of such property and a copy of the public hearing newspaper
advertisement.
(5) Notification of owner. For each proposed designation of an
individual site or district, the Historio Preservation Committee Historical
Commission is encouraged to obtain the permission of the property owner(s) of
the individual site or within the designated area, and is responsible for sending by
certified mail a copy of the designation report to the owner(s) as notification of
the intent of the Historio Preservation Committee Historical Commission to
consider designation of the property at least thirty (30) days prior to a public
hearing held pursuant to this ordinance.
20
(6) Interim protection measure: From the date of said notification of
the owner, no building construction or vegetation removal permit for any new
construction, alteration, relocation, or demolition or surface alterations that may
affect the property proposed for designation shall be issued until the Board
approves or denies the designation in accordance with this section, or one
hundred twenty (120) days have elapsed, whichever shall occur first
(7) Notification of government agencies. Upon filing of a designation
report, the Historic Preservation Officer shall immediately notify the appropriate
building and zoning department, the appropriate public works department and
any other County or municipal agency, including agencies with demolition
powers, that may be affected by said filing.
(8) Notice of Historic P:-ose,"¡ation Committee Historical Commission
public hearing. For each individual site or district proposed for designation, a
public hearing must be held no sooner than thirty (30) days and within sixty (60)
days from the date a designation report has been filed with the Historio
Preservation Committee Historical Commission. Property owners within a radius
of 150' from the area proposed for designation shall receive a courtesy notice of
the hearing, to be mailed at least fifteen (15) days prior to the date of the hearing.
Owners of record of the proposed designated properties, shall be notified of the
public hearing by certified mail to the last known address of the party being
served; however, failure to receive such notice shall not invalidate the same as
such notice shall also be perfected by publishing a copy thereof in a newspaper
of general circulation at least fifteen (15) days prior to the hearing. Owners shall
be given an opportunity at the public hearing to object to the proposed
designation.
(9) Requirement of prompt decision and notification. Following the
public hearing, the Historio Preservation Committee Historical Commission shall
recommend approval, denial or amendment of the proposed designation,
including whether the property should be considered an Exceptional Historic
Resource, and shall forward its recommendation to the Board within thirty (30)
days of the hearing for final approval.
(10) Notice of Board public hearing. Upon receipt of the Hictorio
Preservation Committee Historical Commission's recommendation, the Board
shall schedule a public hearing to consider the proposed designation. The public
hearing must be held no sooner than thirty (30) days and within sixty (60) days
from the date the Historio Preservation Committee Historical Commission
recommendation is filed with the Board. Property owners within a radius of 150'
from the area proposed for designation shall receive a courtesy notice of the
hearing, to be mailed at least fifteen (15) days prior to the date of the hearing.
Owners of record of the proposed designated properties, shall be notified of the
public hearing by certified mail to the last known address of the party being
served; however, failure to receive such notice shall not invalidate the same as
such notice shall also be perfected by publishing a copy thereof in a newspaper
21
of general circulation at least fifteen (15) days prior to the hearing. Owners shall
be given an opportunity at the public hearing to object to the proposed
designation.
(11) Requirement of prompt decision and notice. The Board shall
approve, deny or approve with conditions the designation, including whether the
property constitutes an Exceptional Historic Resource, and shall designate the
property by resolution. Except for property determined to be an Exceptional
Historic Resource, the Owner, or a majority of the Owners if owned by more than
one person, or a majority plus one of the Owners in a proposed historic district,
may reject the designation in writing by filing a written statement with the Historic
Preservation Officer. In the event the designation is rejected, the provisions of
this ordinance governing designated historic properties shall not apply to the
subject property or district. The property shall remain subject, however, to the
provisions of Section 4.11.01, St. Lucie County Land Development, if applicable.
If approved, the property shall be added to the St. Lucie County Local Register of
Historic Places. The following parties shall be notified of its actions with a copy of
the resolution.
a. St. Lucie County Growth Management Department;
b. St. Lucie County Public Works Department;
c. St. Lucie County Clerk of Court;
d. Owner(s) of the designated property and other parties having an
interest in the property, if known;
e. Any other County or municipal agency, including agencies with
demolition powers, that may be affected by this action; and,
f. St. Lucie County Property Appraiser.
(12) Amendment or rescission. In the event the Historio Preservation
Committee Historical Commission determines a property no longer in full or in
part meets the criteria set forth in Section 1-10.2-13, the Histeric Preservation
Committee Historical Commission may recommend an amendment or rescission
of any designation provided it complies with the same manners and procedures
used in the original designation.
(13) Appeal of Designation. A party aggrieved by a designation decision
may appeal such decision in the manner provided for in this ordinance.
(14) Recording of designation. The Board shall provide the Clerk of
Circuit Court with all designations for the purpose of recording such designation
and the Clerk of Circuit Court shall thereupon record the designation according to
law.
(15) Sf. Lucie County Local Register Map. On or before October 1st of
each year, the Historic Preservation Officer shall prepare a map showing all
properties listed on the Local Register of Historic Places as of that date. The
22
Historic Preservation Officer may update the map at such other times as he
deems appropriate to reflect changes to the Local Register.
Section 1-10.2-ª~. Emergency actions.
(1) The Historic Preservation Officer may request the Historio
Preservation Committee Historical Commission to take emergency action to
review a threat to a property which has not yet been designated as a historic
resource but which appears to be eligible for such designation, if the Historic
Preservation Officer determines irreparable harm will be done to the historic
resource if the proposed demolition, alteration, or construction is allowed to
occur.
(2) The department receiving an application concerning a potential
historic resource shall provide written notification to the Historic Preservation
Officer within five (5) working days of the receipt of the application for permits
which do not require a public hearing.
(3) If the Historic Preservation Officer determines irreparable harm will
be done to the potential historic resource if the proposed demolition, alteration, or
construction is allowed to occur, the Historic Preservation Officer will schedule
the matter for consideration by the Historio Preservation Committee Historical
Commission. Notice of the public hearing will be provided in accordance with the
provisions of Subsection 1-10.2-14(11).
(4) All construction activity requiring building permits or the processing
of permit applications relating to the property shall be held in abeyance until the
review by the Board is completed with regard to the subject property.
(5) Review and determination by the Historio Preservation Committee
Historical Commission:
(a) At the public hearing, the Historic Preservation Officer shall present
a report to the Historio Preservation Committee Historical
Commission regarding the architectural, historical and
archaeological significance of the subject property, including an
evaluation of the property under the criteria set forth for historic
designation in Subsection 1-10.2-13(1). The Historio Preservation
Committee Historical Commission shall also hear testimony from
the owner, the applicant and all other interested persons.
(b) At the close of the public hearing, the Board shall determine
whether all of the following findings of fact have been established:
1. There is a real and present danger to the subject
property as evidenced by the owner or applicant's
proposal.
23
2. Based upon the best available data, the subject
property appears eligible for historic designation pursuant
to this chapter. The fact that the property has not been
nominated for included on the National Register of Historic
Places shall not in itself be grounds for approval of the
proposed work or development request.
1. During consideration of historic designation, the
applicant and/or owner will not be denied all
reasonable use of the property.
(6) Based upon its findings of fact as provided above, the Historio
Preservation Cemmittee Historical Commission shall recommend to the Board
the historic designation procedures should be initiated for the subject property.
Following receipt of the HistoriG PreservatioR COFAmittee Historical Commission's
recommendation, the Board shall conduct a public hearing in accordance with
the notice procedures set forth in Section 1-10.2-14(10). If in the judgment of the
Board all of the findings of fact as set forth above have been established, the
Board shall initiate the historic designation procedures for the subject property.
Should sufficient evidence be presented at the public hearing, the Board may
designate the property as a public hearing, or it may request further information
and set a date for a final historic designation hearing to be held within ninety (90)
days.
(7) If the historic designation procedures are initiated, the County shall
make every effort to complete the historic designation process in a timely
fashion. Except as otherwise set forth in this section, the historic designation
process shall follow the same procedures as a regular historic designation.
ARTICLE V. CERTIFICATE OF APPROPRIATENESS
Section 1-10.2-1 04-ê.
Required
(1) No building, site, landscape feature, object, structure, or earthwork,
within St. Lucie County which has been designated pursuant to this ordinance or
is located within an archaeological zone as defined in Section 1-10.2-3 shall be
altered, restored, rehabilitated, excavated, moved or demolished until an
application for a Certificate of Appropriateness regarding any architectural
features, landscape features or site improvements-has been submitted to and
approved pursuant to the procedures in this article. The application shall include,
but not be limited to, the architectural style, scale, massing, siting, general design
and general arrangement of the exterior of the building or structure, including the
type, style and color of roofs, windows, doors, walls and appurtenances.
Architectural features shall include, when applicable, interior spaces where
interior designation has been given pursuant to Article IV. Landscape features
and site improvements shall include, but are not limited to, site grading,
subsurface alterations, fill deposition, paving, landscaping, vegetation removal,
24
walls, fences, courtyards, signs and exterior lighting. No Certificate of
Appropriateness shall be approved unless the architectural or development plans
for said construction, alteration, excavation, restoration, rehabilitation, relocation
or demolition are approved by the Historie Preservation Committee Historical
Commission.
(2) No permit shall be issued by the County that affects any property
designated pursuant to this ordinance without a Certificate of Appropriateness.
(3) All work performed pursuant to the issuance of the Certificate of
Appropriateness shall conform to the requirements of the certificate. The Board
shall designate an appropriate official to assist the Historio Preservation
Committee Historical Commission by making necessary inspections in
connection with enforcement of this chapter and shall be empowered to issue a
stop work order if performance is not in accordance with the issued certificate.
No work shall proceed as long as a stop work order continues in effect. Copies of
inspection reports shall be furnished to the Historio Preservation Cemmittee
Historical Commission and copies of any stop work orders both to the Historio
Preservation Committee Historical Commission and the applicant. The Public
Works Director or appropriate official and staff for the Hie:torio Preservation
Committee Historical Commission shall be responsible for ensuring that any work
not in accordance with an issued Certificate of Appropriateness shall be
corrected to comply with the Certificate of Appropriateness prior to withdrawing
the stop work order.
(4) Any certificate of appropriateness issued pursuant to the provision
of this section shall expire twelve (12) months from the date of issuance, unless
the authorized work is commenced within this time period or a building permit
has been obtained.
(5) Any change in work proposed subsequent to the issuance of a
certificate of appropriateness shall be reviewed by the Historic Preservation
Officer. If the Historic Preservation Officer finds that the proposed change does
not affect the property's historic character and that the change is in accord with
approved guidelines, standards and the general intent of the original certificate of
appropriateness, the Historic Preservation Officer may issue a supplementary
standard certificate of appropriateness for such change. If the proposed change
is not in accord with the guidelines, standards or the original intent of the
Certificate of Appropriateness, a new application for a special certificate of
appropriateness shall be required.
(6) A designated structure or home that is located in a historic district
or archaeological zone may not be relocated except upon approval of a
certificate of appropriateness. In considering such certificate the Board shall
determine whether any reasonable alternative is available for preserving the
improvement or structure on its original site and whether the proposed relocation
25
site is compatible with the historic and architectural integrity of the improvement
or structure.
(7) For the purpose of remedying emergency conditions determined to
be dangerous to life, health or property, nothing contained herein shall prevent
the making of any temporary construction, reconstruction or other repairs to a
building or site in St. Lucie county, pursuant to an order of a government agency
or a court of competent jurisdiction. The owner of a building damaged by fire or
natural calamity shall be permitted to stabilize the building immediately without
Hie:torio Preservation Committee Historical Commission approval and to
rehabilitate it later under the normal review procedures of this ordinance.
(8) Where the Historic Preservation Officer or the Historie Pree:ervation
Committee Historical Commission determines that any improvement within a
designated historic site or designate historic district is endangered by lack of
maintenance and repair, or that other improvements in visual proximity to a
historic sight or historic district lack maintenance and repair to such an extent as
to detract from the desirable character of the historic site or historic district, such
determination shall be reported to the Code Compliance Division. In the event
the County Building Official determines that any structure within a designated
historic site or historic district is unsafe pursuant to the Florida Building Code, as
adopted by the County, or in violation of the Property Maintenance Ordinance as
set forth in Section 13.09.00 of the SI. Lucie County Land Development Code,
such official shall immediately notify the Historic Pree:ervation Committee
Historical Commission with a copy of any findings. Where reasonably feasible
within applicable laws and regulations, the Code Compliance Division shall
endeavor to encourage repair of the structure rather than its demolition and shall
take into consideration any comments and recommendations by the Historic
Preservation Officer. The Historic PreservatieR Committee Historical
Commission and/or the Board may take appropriate action to encourage
preservation of any such structure.
Section 1-10.2-114-1-·
Forms and fees.
Applications for Certificates of Appropriateness must be made on forms
approved and provided by the Historio Preservation Committee Historical
Commission and must be submitted with the appropriate fee to the Historic
Preservation Officer pursuant to the fee schedule established by resolution of the
Board.
Section 1-10.2-1248.
Pre-application conference
Before submitting an application for a Certificate of Appropriateness, an applicant
is encouraged to confer with the Historic Preservation Officer to obtain
information and guidance before entering into binding commitments or incurring
substantial expenses in the preparation of plans, surveys and other data. At the
request of the applicant, the Historic Preservation Officer, or any member of the
26
Historis Preservation Committee Historical Commission, an additional pre-
application conference shall be held between the applicant and the Histerio
Preservation Committee Historical Commission or its designated representative.
The purpose of such conference shall be to further discuss and clarify
preservation objectives and guidelines. In no case, however, shall any statement
or representation made prior to the official application review be binding on the
Historio Preservation Committee Historical Commission, the Board, or any
County department. The owner(s) of a designated property are also encouraged
to consult with the Historic Preservation Officer prior to the commencement of
any routine maintenance and/or repairs to the site.
Section 1-10.2-13-W.
Standards for review and issuance.
The U.S. Secretary of the Interior's Standards for the Rehabilitation are hereby
adopted as the standards by which applications for any Certificates of
Appropriateness are to be measured and evaluated. In adopting these standards,
it is the intent of this ordinance to promote the proper maintenance, restoration,
preservation, rehabilitation appropriate to the property, and compatible
contemporary designs which are harmonious with the exterior architecture and
landscape features of neighboring buildings, sites and streetscapes. From time to
time, the Historio PreservatioR Committee Historical Commission may adopt
additional standards to preserve and protect special features unique to the
County. Based on the Secretary of the Interior's Standards, the designation
report, a complete application, any additional plans, drawings, photographs and
samples of materials to fully describe the proposed project, the Historio
Preservation Committee Historical Commission may approve or deny the
application for a Certificate of Appropriateness.
Section 1-10.2-1420.
Standard Certificate of Appropriateness.
Where the action proposed in an application is a minor alteration to a designated
site or contributing resource within a historic district, as specified by the rules of
procedure of the Historio Preservation Committee Historical Commission, and
satisfies the standards as set forth in Section 1-10.2-18, the Historic Preservation
Officer shall, within ten (10) calendar days of receipt of the complete application,
approve or deny the application. The findings of the Historic Preservation Officer
shall be mailed to the applicant within three (3) days of the staff's decision,
accompanied by a statement that explains the Officer's decision. The applicant
shall have an opportunity to challenge the Officer's decision by applying for a
Special Certificate of Appropriateness, within thirty (30) days of the Historic
Preservation Officer's findings. Further, the applicant may also request that
his/her application be classified as a Special Certificate of Appropriateness so
that the Historic PreservatioR Committee Historical Commission will consider it.
27
Section 1-10.2-152-1-.
Special Certificate of Appropriateness.
(1) Where the action proposed in an application involves a major
alteration, relocation or demolition to a designated site or a contributing resource
within a historic district, as specified by the rules of the Historic Preservation
Committee, or where the Historic Preservation Officer finds that the action
proposed in an application is not clearly in accord with the standards as set forth
in Section 1-10.2-19, the application shall be classified as a Special Certificate of
Appropriateness and the following procedures shall govern:
(2) When a complete application is received, the Historic Preservation
Officer shall place the application on the next regularly scheduled meeting of the
Historio PreservatioR Cemmittee Historical Commission. The Historio
Preservation Committee Historical Commission shall hold a public hearing with
notice of the application and the time and place of the hearing as follows:
a. The applicant shall be notified by mail at least ten (10)
calendar days prior to the meeting.
b. Any individual or organization requesting such notification
and paying any established fees therefore shall be notified by mail at least
ten (10) calendar days prior to the hearing.
c. An advertisement shall be placed in a newspaper at least ten
(10) calendar days prior to the hearing.
d. The Historio Preservation Committee Historical Commission
shall approve, deny or approve with conditions, subject to the acceptance
of those conditions by the applicant. The Historio PreservatieR Committee
Historical Commission may suspend action on the application for a period
not to exceed thirty (30) days, in order to seek technical advice from
outside its members, or to meet further with the applicant to revise or
modify the application.
e. The decision of the Historio Preservatien Committee
Historical Commission shall be issued in writing. Evidence of approval
shall be by Certificate of Appropriateness issued by the Historio
PrcservCltion Committee Historical Commission or its designated staff.
When an application is denied, the Historio Preservation Committee
Historical Commission's notice shall provide an adequate written
explanation of its decision.
Section 1-10.2-1622.
Demolition.
(1) Demolition of a building, site, district, landscape feature, object,
structure, earthwork, or such resource that has been designated as historic
pursuant to this ordinance or is located within an archaeological zone as defined
28
in Section 1-10.2-3 may occur only pursuant to an order of a government agency
or a court of competent jurisdiction or pursuant to an approved application by the
owner for a Special Certificate of Appropriateness.
(2) Government agencies having the authority to demolish unsafe
structures shall receive notice of designation of buildings, sites, districts,
landscape features, objects, structures, and archaeological sites or zones. The
Historio Preservation Committee Historical Commission shall be deemed an
interested party and shall be entitled to receive notice of any public hearings
conducted by said government agency regarding demolition of any property
designated or documented as historic pursuant to this ordinance. The Historio
Preservation Committee Historical Commission may make recommendations and
suggestions to the government agency and the owner(s) relative to the feasibility
of and the public interest in preserving the designated property.
(3) No permit for voluntary demolition of a building, site, district,
landscape feature, object, structure, earthwork, an archaeological site, or such
resource that has been designated as historic pursuant to this ordinance shall be
issued to the owner(s) thereof until an application for a Special Certificate of
Appropriateness has been submitted and approved pursuant to the procedures in
this section. Refusal by the Historio Preservation Committee Historical
Commission to grant a Special Certificate of Appropriateness shall be evidenced
by written order detailing the public interest, which is sought to be preserved. The
Historio Preservation Committee Historical Commission shall be guided by the
criteria contained in Section 1-10.2-19. The Historio Preservation Committee
Historical Commission may grant a Special Certificate of Appropriateness, which
may provide for a delayed effective date of up to eighteen (18) months. The
effective date shall be determined by the Historio Preservation Committee
Historical Commission based upon the relative significance of the structure and
the probable time required to arrange a possible alternative to demolition. During
the demolition delay period, the Historio Preservation Committee Historical
Commission may take such steps as it deems necessary to preserve the
structure concerned, in accordance with the purposes of this chapter. Such steps
may include, but shall not be limited to, consultation with civic groups, public
agencies and interested citizens, recommendations for acquisition of property by
public or private bodies or agencies, and exploration of the possibility of moving
one (1) or more structures or other features.
(4) In addition to all other provisions of this Section, the Historio
Preservation Committee Historical Commission shall consider the following
criteria in evaluating applications for Special Certificates of Appropriateness for
the demolition of a historic building, site, landscape feature, object, structure,
earthwork, or archaeological site.
a. Whether the historic resource is of such interest or quality
that it would reasonably meet national, state or local criteria for
designation.
29
b. Whether the historic resource is of such design,
craftsmanship, or material that it could be reproduced only with great
difficulty and/or expense.
c. Whether the historic resource is one of the last remaining
examples of its kind in the County or the region.
d. Whether the historic resource contributes significantly to the
historic character of a designated historic district.
e. Whether retention of the historic resource promotes the
general welfare of the County by providing an opportunity for study of local
history, architecture and design or by developing an understanding of the
importance and value of a particular culture and heritage.
f. Whether there are definite plans for reuse of the property
where the historic resource is located, if the proposed demolition is carried
out, and what will be the effect of those plans on the character of the
surrounding area.
Section 1-10.2-1723.
Economic Hardship.
(1) Where, by reason of particular site conditions and restraints, or
because of unusual circumstances applicable solely to the particular applicant,
strict enforcement of the provisions of this chapter would result in serious undue
economic hardship to the applicant, the Historio Preservation Cemmittoe
Historical Commission shall recommend to the Board whether it is appropriate to
vary or modify adherence to this ordinance; provided always that its requirements
ensure harmony with the general purposes hereof and will not adversely affect
St. Lucie County.
(2) In any instance where there is a claim of undue economic hardship,
the owner may submit, by affidavit, to the Historio PreservatioR Committee
Historical Commission at least fifteen (15) days prior to the public hearing, the
following information:
a. For all property:
1. The amount paid for the property, the date of
purchase and the party from whom purchased;
2. The assessed value of the land and improvements
thereon according to the two (2) most recent
assessments;
3. Real estate taxes for the previous two (2) years;
30
4. Annual debt service, if any, for the previous two (2)
years;
5. All appraisals obtained within the previous two (2)
years by the owner or applicant in connection with his
purchase, financing or ownership of the property;
6. Any listing of the property for sale or rent, price asked
and offers received, if any;
7. Any consideration by the owner as to profitable
adaptive uses for the property;
8. An estimate of the cost of the proposed demolition or
relocation;
9. A report from a licensed engineer or architect with
experience in historic rehabilitation as to the structural
soundness of the structure, and its suitability for
relocation and/or rehabilitation, however, the County
may retain an independent engineer and/or architect
to review and approve the report; and
10. An estimate from an architect, developer, real estate
consultant, appraiser or other professional as to the
economic feasibility of the rehabilitation or adaptive
use of the existing structure however, the County may
retain an independent engineer and/or architect to
review and approve the estimate.
b. For income-producing property:
1. Annual gross income from the property for the
previous two (2) years;
2. Itemized operating and maintenance expenses for the
previous two (2) years; and
3. Annual cash flow, if any, for the previous two (2)
years.
(2) The Historic PresorvatieR Committee Historical Commission may
require that an applicant furnish such additional information as the Historio
PresofVatien Cemmittee Historical Commission believes is relevant to its
determination of undue economic hardship and may provide in appropriate
instances that such additional information be furnished under seal. In the event
31
that any of the required information is not reasonably available to the applicant
and cannot be obtained by the applicant, the applicant shall file with his/her
affidavit a statement of the information that cannot be obtained and shall
describe the reasons why such information cannot be obtained.
Section 1-10.2-1824.
Maintenance of designated properties.
Nothing in this chapter shall be construed to prevent the ordinary maintenance or
repair of any elements of any building, agricultural property, utility or structure
which does not involve a change of design, appearance or material, and which
does not require a building permit.
ARTICLE VI. CERTIFICATE TO DIG
Section 1-10.2-1925.
Certificate to Dig.
(1) A Certificate to Dig is a type of Certificate of Appropriateness.
Within an archaeological zone as defined in Section 1-10.2-3, new construction,
filling, digging, the removal of trees, or any other activity that may alter or reveal
an archaeological site shall be prohibited without a Certificate to Dig. All
applications to all appropriate County agencies involving new construction,
demolition, large-scale digging, the removal of trees or any other activity that may
reveal or disturb an archaeological site in an archaeological zone shall require a
Certificate to Dig before approval. Based on a complete application for a
Certificate to Dig and any additional guidelines the Historio Preservation
Committee Historical Commission may deem necessary, the staff of the Historic
Preservation Csmmittee Historical Commission shall, within ten (10) days from
the date the completed application has been filed, approve or deny the
application for a Certificate to Dig by the owners of a property in a designated
archaeological zone. The applicant shall have an opportunity to challenge the
Officer's decision by applying for a Special Certificate of Appropriateness, within
thirty (30) days of the Officer's findings. Further, the applicant may also request
that his/her application be classified as a Special Certificate of Appropriateness
so that the Historio Preservation Committee Historical Commission will consider
it.
(2) The Certificate to Dig may be made subject to specified conditions,
including but not limited to conditions regarding site excavation. In order to
comply with the requirements of the Certificate to Dig, the applicant may be
required to conduct an archaeological excavation by a professional archaeologist
who meets the U.S. Secretary of the Interior's Standards to conduct excavations
and monitoring from the time of the approval of the Certificate to Dig until the
effective date thereof. The findings of the Officer shall be mailed to the applicant
by registered mail promptly. The applicant shall have the opportunity to challenge
the staff decision or any conditions attached to the Certificate to Dig by filing a
written notice of appeal to the Historio Preservation Committee Historical
Commission within thirty (30) days after receipt.
32
(3) Approved Certificates to Dig. Approved Certificates to Dig shall
contain an effective date not to exceed sixty (60) days, at which time the
proposed activity may begin, unless the Historio Preservation Committee
Historical Commission decides to designate the site in question as an individual
site or district. In that case, all the rules and regulations pertaining to the
designation process shall apply from the date the designation report has been
filed.
(4) All work performed pursuant to the issuance of a Certificate of
Appropriateness or Certificate to Dig shall conform to the requirements of such
Certificate. It shall be the duty of the appropriate government agencies and the
staff of the Historie PresGI'vatieR Committee Historical Commission to inspect
from time to time any work pursuant to such Certificate to assure compliance. In
the event work is performed not in accordance with such Certificate, the Historic
Preservation Officer shall be empowered to issue a stop work order and all work
shall cease. No person, firm or corporation shall undertake any work on such
projects as long as such stop work order shall continue in effect.
ARTICLE VI. APPEALS
Section 1-10.2-2026.
Appeals.
Within thirty (30) days of the written decision of the Historio Preservation
Committee Historical Commission, an aggrieved party may appeal the decision
by filing a written notice of appeal with the Clerk of the Board of County
Commissioners. The notice of appeal shall state the decision which is being
appealed, the grounds for the appeal, and a brief summary of the relief which is
sought. Within sixty (60) days of the filing of the appeal or the first regular Board
meeting which is scheduled, whichever is later in time, the Board shall conduct a
public hearing at which time they may affirm, modify or reverse the decision of
the Historio Preservation Committee Historical Commission. Nothing contained
herein shall preclude the Board from seeking additional information prior to
rendering a final decision. The decision of the Board shall be in writing and a
copy of the decision shall be forwarded to the Historio Preservation Committee
Historical Commission and the appealing party.
Within the time prescribed by the appropriate Florida Rules of Appellate
Procedure, a party aggrieved by a decision of the Board may appeal an adverse
decision to the Circuit Court in and for St. Lucie County, Florida.
33
ARTICLE VIII. PENALTIES
Section 1-10.2-2127.
Penalties.
The provisions of this ordinance may be enforced by the St. Lucie County Code
Enforcement Board. This provision shall not preclude enforcement of this article
in the Circuit Court or as otherwise authorized by law.
ARTICLE IX. INCENTIVES
Section 1-10.2-2228.
Incentives.
All properties designated as historic resources pursuant to this ordinance shall
be eligible, upon application by the owner(s), for any available financial
assistance set aside for historic preservation by St. Lucie County contingent on
the availability of funds and the scope of the project as described in the
application.
Section 1-10.2-2329.
historic properties.
Tax exemptions for rehabilitations to designated
(1) Scope of tax exemptions. A method is hereby created for the
Board, at its discretion, to allow tax exemptions for the restoration, renovation, or
rehabilitation of historic resources. The exemption shall apply to one hundred
percent (100%) of the assessed value of all improvements to historic properties,
which result from restoration, renovation, or rehabilitation made on or after the
effective date of this ordinance. The exemption applies only to taxes levied by St.
Lucie County. The exemption does not apply to taxes levied for the payment of
bonds or to taxes authorized by a vote of the electors pursuant to Section 9(b) or
Section 12, Article VII of the Florida Constitution. The exemption does not apply
to personal property.
(2) Duration of tax exemptions. Any exemption granted under this
section to a particular property shall remain in effect for ten (10) years. The
Board shall have the discretion to set a lesser term. The term of the exemption
shall be specified in the ordinance approving the exemption. The duration of the
exemption as established in the ordinance granting the exemption shall continue
regardless of any change in the authority of the County to grant such exemptions
or any change in ownership of the property. In order to retain an exemption,
however, the historic character of the property, and improvements, which
qualified the property for an exemption, must be maintained in their historic state
over the period for which the exemption was granted.
(3) Eligible properties and improvements. Property is qualified for an
exemption under this section if:
34
a. At the time the exemption is granted the property:
1. Is individually listed in the National Register of Historic
Places pursuant to the National Historic Preservation Act of
1966, as amended; or
2. Is identified as a contributing property in a National
Register of Historic Places listed district;
3. Is individually listed in the St. Lucie County Register
of Historic Places pursuant to this ordinance;
4. Is identified as a contributing property to a historic
district, under the terms of the St. Lucie County Ordinance.
b. The Histerio Preservation Committee Historical Commission
has certified to the Board that the property for which an exemption is
requested satisfies Subsection 1-10.2-28(a).
(4) In order for an improvement to a historic property to qualify the
property for an exemption, the improvement must:
a. Be consistent with the U.S. Secretary of the Interior's
Standards for Rehabilitation; and
b. Be determined by the St. Lucie Historio Preservation
Committee Historical Commission to meet the criteria established in the
Rule 1A-38, Florida Administrative Code.
c. The St. Lucie County Historio Preservation COFFlmittee
Historical Commission has issued a Special Certificate of Appropriates for
the proposed improvements.
(5) Applications. Any person, firm, or corporation that desires an ad
valorem tax exemption for the improvement of a historic property must, in the
year the exemption is desired to take effect, file with the Board a written
application on a form prescribed by the Department of State. The application
must include the following information:
a. The name of the property owner and the location of the
historic property;
b. A description of the improvements to real property for which
an exemption is requested and the date of commencement of construction
of such improvements;
35
c. Proof, to the satisfaction of the Historio Preservation
Committee Historical Commission, that the property that is to be
rehabilitated or restored has been designated historic pursuant to this
ordinance;
d. Proof, to the satisfaction of the Historio Preservation
Committee Historical Commission, that the improvements to the property
will be consistent with the U.S. Secretary of Interior's Standards for
Rehabilitation;
e. Other information identified in appropriate Department of
State regulations, or requested by the Historio Pr-eservatien Committee
Historical Commission; and
f. A completed application for a Special Certificate of
Appropriateness for the qualifying restoration or rehabilitation.
(6) Required covenant. To qualify for an exemption, the property owner
must enter into a covenant or agreement with the Board for the term for which
the exemption is granted. The form of the covenant or agreement must be
established by the Department of State and must require that the character of the
property, and the qualifying improvements to the property, be maintained during
the period that the exemption is granted. The covenant or agreement shall be
binding on the current property owner, transferees, and their heirs, successors,
or assigns. Violation of the covenant or agreement results in the property owner
being subject to the payment of the differences between the total amount of
taxes which would have been due in March in each of the previous years in
which the covenant or agreement was in effect had the property not received the
exemption and the total amount of taxes actually paid in those years, plus
interest on the difference calculated as provided in Section 212.12(3), Florida
Statutes.
(7) The Historio Preservation Committee Historical Commission, or its
successor, is designated to review applications for exemptions. The Historio
Preservation Committee Historical Commission must recommend that the Board
grant or deny the exemption. Such reviews must be conducted in accordance
with rules adopted by the Department of State. The recommendation, and the
reasons therefore, must be provided to the applicant and to the Board before
consideration of the application at an official meeting of the Board.
(8) Approval by Board. A majority vote of the Board shall be required to
approve a written application for exemption. Such exemption shall take effect on
the January 1 following substantial completion of the improvement. The Board
shall include the following in the resolution approving the written application for
exemption:
36
b. The name of the owner and the address of the historic
property for which the exemption is granted;
c. The period of time for which the exemption will remain in
effect and the expiration date of the exemption; and
d. A finding that the historic property meets the requirements of
this ordinance.
PART B. The specific amendments to Chapter 1-16 of the 51. Lucie County Code and
Complied Laws to read as follows, include:
ARTICLE I. Unchanged
ARTICLE II. Unchanged
ARTICLE III. HISTORICAL COMMISSION
Sec. 1-16-41. Creation.
An historical commission to be called "St. Lucie County Historical Commission"
hereinafter referred to as the "Historical Commission," is hereby established.
Sec. 1-16-42. Organization.
(a) Composition, qualification of members Ðoard of diroÐrors. The members
board of direotors of the Hfiistorical CGommission shall be composed of the
following meml:Jers. Each county commissioner shall appoint one member to the
Historical Commission board of Elireotors. Additional members shall be the
president. or the president's desiqnee. of the followinq orqanizations:
The St. Lucie Historical Societv, Inc.
SI. Lucie Villaqe Heritaqe, Inc.
White Citv Improvement Club, Inc.
Port St. Lucie Historical Group, Inc.
St. Lucie County African-American Revitalization Cultural Historical Association,
Inc.
Hispanic Cultural Foundation. Inc.,
of the St. Luoie Histerioal Sooiety or his desi!: nee, tAe president of SI. Luoie
Village Heritage or his designee, a representative of tAe V\'hitc City Improvement
Club representing the Aistorioal greup of 'lIhite City, a representati'/C from the
City of Port St. L~oie Historioal Gro~p representing the City of Port St. Lucie, 3
ropresentati'/o of the So~theast Florida /\rohaeologieal Soeiety, and two (2)
members at large recommended by the other members of the Hfiistorical
CGommission and appointed by the Baoard of CGounty Coommissioners. Only
one (1) member from a family may be appointed. Family is defined as husband,
wife, grandparents, parents, stepparents, brothers, stepbrothers, half-brothers,
sisters, stepsisters, half-sisters, children and stepchildren. In selecting citizens to
serve on the board of direotors of tAe Hfiistorical CGommission, the ß,aoard of
CGounty CGommissioners may consider the recommendations of the Hfiistorical
37
CGommission , if any, and the interest and documented knowledge of such
citizens in the history, cultural lore and development of the county. Each
member of the Historical Commission shall hold office onlv so lonq as he or she
is a resident of St. Lucie Countv.
(b) Appointment of members of tho Board of d.iroÐters; terms; vacancies; failure
to attend meetings. The appointments to the board of direGtore; of the HRistorical
CGOmmission shall be as follows:
The term of members appointed by individual county commissioners shall
coincide with the term of the commissioner making the appointment. The
remaining members shall be appointed for terms of four (4) years. With the
exception of members appointed to fill vacancies as provided herein, each
member's term shall begin on December first of the year of his appointment.
Members may serve more than one (1) term if reappointed, but no member shall
be reappointed for more than two (2) consecutive terms. Provided, however,
when a county commissioner leaves office prior to the end of this term, his
successor may replace the member appointed by him with an individual of his
choosing who shall complete the unexpired term of the replaced member. Upon
reelection to another term, a county commissioner shall determine whether to
reappoint the individual or replace him with another individual of his choosing.
Appointments to fill any vacancy on the HRistorical CGommission shall be for the
remainder of the unexpired term of office. If any member fails to attend three (3)
successive reqular meetings without cause and without pAef---approval of the
Historical Commission ohairman, the HRistorical CGommission shall declare the
- -
member's seat vacant. Any member of the HRistorical CGommission may be
removed by the ª-eoard of CGounty CGommissioners at any time provided,
however, that before such removal said member shall be provided written
charges and given an opportunity to appear in his defense at a public meeting.
Upon removal of a member or vacancy created by a member's resignation or
declaration of the HRistorical CGommission , the member's respective appointing
body shall immediately replace him with another appointee.
(c) Quorum. All Historical Commission meetinqs shall be held in a public forum.
The presence of fifty (50) per Gent percent plus one of the members shall
constitute a quorum of the HRistorical CGommission. A quorum shall be required
for the HRistorical CGommission to conduct any official business. An affirmative
vote equal to a maioritv of the quorum present shall be necessarv for the
adoption of anv motion.
(d) Special advisors. Special advisors mav be appointed bv the Board of
Countv Commissioners upon the recommendation of the Historical Commission.
Thev shall serve as ex-officio members havinq no vote. The Historical
Commission mav also seek expertise on proposals or matters requirinq
evaluation bv professionals.
(e) Orqanization. The members of the Historical Commission shall elect
members to serve as the Commission's Chair and Vice-Chair, for a period of one
38
(1) vear. Nothinq shall prevent the Historical Commission from electinq a Chair or
Vice-Chair for successive terms. The Historic Preservation Officer or such
Officer's representative shall serve as staff liaison to the Historical Commission,
with respect to matters reqardinq Historic Preservation under Section 1-10.2. SI.
Lucie Countv Code of Ordinances and Compiled Laws, with no vote. The
Director of the Cultural Affairs Council shall serve as staff liaison to the Historical
Commission, with respect to all other matters. with no vote.
Sec. 1-16-43. Compensation and grants.
The members of this HRistorical CGommission shall receive no compensation,
but may be reimbursed for traveling expenses as provided in section 112.061,
Florida Statutes. Members of the HRistorical CGommission shall not receive
directly or indirectly any grant funded in whole or part by the Beoard of CGounty
CGommissioners.
Sec. 1-16-44. Meetings; rules.
Tt-Ie board sf direetors of tt-le historieal oommiesion shall meet at an appropriate
plaoe and shall arrange a time for holdiRg reg~lar meetings and s~ot-l other
meetings ae shall ee neoeseary. The Historical Commission shall be required to
hold reqular meetinqs at least four (4) times a vear or more frequently as mav be
necessarv to satisfy the review and hearinq requirements set forth in Section 1-
10.2, St. Lucie Countv Code of Ordinances and Compiled Laws. The Historical
Commission mav conduct special meetinqs as the Historical Commission mav
determine, or at the call of the Chair for consideration of business before the
Historical Commission. All meetinqs of the Historical Commission shall be
publicly announced and shall be open to the public. Meetinqs will have a
previouslv advertised aqenda. The time and place of the meetinqs, the order of
business and the procedures to be followed shall be as prescribed by the
Historical Commission and shall be available for public inspection. All meetinqs
convened to consider local historic desiqnation, Certificates to Diq or Special
Certificates of Appropriateness shall be advertised at least ten (10) davs prior to
the meetinq in a newspaper havinq a qeneral circulation within St. Lucie Countv.
The Board of Etireotors of the HRistorical CGommission may adopt such by-laws
as it deems necessary, subject to the approval of the Beoard of CGounty
CGommissioners, and it may determine the duties of its members and
employees. The Historical Commission shall keep minutes and records of all
meetinqs and proceedinqs, includinq votinq records. attendance, resolutions,
findinqs, determinations, and decisions. Such records shall be filed in the office
of the Historic Preservation Officer and shall be open for public inspection.
Sec. 1-16-45. Duties--collection of data, etc.
The HRistorical CGommission shall encourage the collection, arrangement,
recordation, and preservation of historical material and data, including books,
pamphlets, maps, charts, manuscripts, family histories, United States Census
records, papers, and other objects and material illustrative of and relating to the
history of the county and of Florida. The HRistorical CGommission shall procure
and preserve narratives and material of every description relative to the history of
39
St. Lucie County and of Florida for deposit at museums owned and/or operated
by St. Lucie County. The Hnistorical CGommission shall obtain the approval of
the CGultural Aaffairs Deirector or ms the Director's designee prior to the deposit
of any narrative or material at any museum owned and/or operated by the
county. The Historical Commission shall fulfill its duties under the Historic
Preservation Ordinance. Section 1-10.2, SI. Lucie Countv Code of Ordinances
and Compiled Laws.
Sec. 1-16-46. Same--Marking of historic sites.
The Hnistorical CGOmmission may, upon its own initiative or upon petition of
historical societies, mark by proper monuments, tablets, or markers, the location
of forts, Indian mounds, or other places in the county. Before any monument,
tablet, or marker shall be placed or erected on county property, the Beoard of
CGounty CGommissioners shall obtain from the Hnistorical CGommission a
recommendation concerning design and content.
Sec. 1-16-47. Filing and recordation of data.
The clerk of the circuit court of the county shall file and record, without charge, in
a book or books which shall be furnished such clerk by the ªeoard of CGounty
CGommissioners, all historical material and data that the Hnistorical
CGommission may direct to be filed and recorded.
Sec. 1-16-48. Expenses.
The Beoard of CGounty CGommissioners shall pay the expenses of the
Hnistorical CGommission out of the general fund of the county.
Sec. 1-16-49. County to provide repository.
The Beoard of CGounty CGommissioners may provide suitable and adequate
space as a repository for the records, supplies, and equipment of the Hnistorical
CGommission.
Secs. 1-16-50--1-16-60. Reserved.
PART C.
CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of
SI. Lucie County, County ordinances and County resolutions, or parts thereof, in
conflict with this ordinance are hereby superseded by this ordinance to the extent
of such conflict.
PART D.
SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining
portions of this ordinance. If this ordinance or any provision thereof shall beheld
to be inapplicable to any person, property, or circumstance, such holding shall
not affect its applicability to any other person, property, or circumstance.
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PART E.
APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie
County.
PART F.
FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby directed forthwith to send a certified copy of this
ordinance to the Bureau of Administrative Code and Laws, Department of State,
The Capitol, Tallahassee, Florida 32304.
PART G.
EFFECTIVE DATE.
This ordinance shall take effect upon December 11, 2006.
PART H.
ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Chris Craft AYE
Vice Chairman Joseph E. Smith AYE
Commissioner Paula A. Lewis AYE
Commissioner Charles Grande AYE
Commissioner Doug Coward AYE
PART I.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the SI. Lucie County Code
and Compiled Laws, and the word "ordinance" may be changed to "section,
article, or other appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided, however, that
parts C through I shall not be codified.
PASSED AND DULY ENACTED this 5th day of December, 2006.:,,~
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