§ 146-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aggrieved party means anyone who has a legally recognizable interest which is or may be adversely affected by an action taken by fulfilling the requirements of this chapter.

Archaeological site means an individual historic resource recognized for its prehistoric or historic artifacts and features. This also includes archaeological sites recorded in the state site file records and identified in the county historic resource database.

Architect or preservation architect means a person who is licensed by the state department of professional regulation and is certified to practice in the state.

Balcony means an elevated platform projecting from the wall of a building and enclosed by a railing or parapet.

Building means any structure, either temporary or permanent, having a roof intended to be impervious to weather, and used or built for the shelter or enclosure of persons, animals, or property of any kind.

Building code means "Florida State Building Code".

Building official means the county building department officer, or his designee, designated as the person responsible for administering and enforcing the provisions of the Florida State Building Code.

Certificate of appropriateness means a written authorization by the Pinellas County Historic Preservation Board or the county administrator to the owner(s) of a designated property, or any building, structure or site within a designated historic district, landmark, or landmark site allowing a proposed alteration, relocation, or the demolition of a building, structure or site. A certificate of appropriateness is required for any proposed work that will result in the alteration, demolition, relocation, reconstruction, new construction or excavation of a designated landmark, landmark site or a property in a designated historic district.

Certified local government means a government meeting the requirements of the National Historic Preservation Act Amendments of 1980 (P.L. 96-515) and the implementing regulations of the U.S. Department of the Interior and the State of Florida.

Compatibility means, when applied to structures, sensitivity of a building design to the existing character of a neighborhood, surrounding blocks, or historic or special area. This is measured by how the design of a building or project relates to the design elements of the surrounding natural/physical and manmade environment. Compatibility measures include but are not limited to the following: building relationship to the street (such as height, facade details, landscaping, activities); the rhythm of spacing between buildings; the use of building materials which match in dimension, color, pattern and finish/texture; and building scale and mass.

Contributing property means and includes any building, structure or site which contributes to the overall historic significance of a designated historic district and was present during the period of historic significance and possesses historic integrity reflecting the character of that time or is capable of yielding important information about the historically significant period or independently meets the criteria for designation as a landmark and landmark site.

County administrator means the county administrator for Pinellas County, or his designee.

County planning department or planning department means Pinellas County Planning Department.

County staff means the Director of the Pinellas County Planning Department or designated staff to review, monitor and administer the provisions of this chapter.

Demolition means the complete removal of a building, structure, or portions thereof from a site.

Demolition by neglect means the willful abandonment of a building or structure by the owner, resulting in such a state of deterioration that its self-destruction is inevitable, or where demolition of the building or structure to remove a health and safety hazard is a likely result.

Design element means the features of a building that include architectural style and facade details, the rhythm and proportion of windows, porches, doors, and vertical and horizontal features, and building form, scale, color, and materials and finish.

Designation means action by the board of county commissioners to approve a historic preservation overlay district, landmark and landmark site for a parcel or parcels of land or district containing historic resources.

Designation report means a written document indicating the basis for the findings of the Pinellas County Historic Preservation Board and the Pinellas County Local Planning Agency, as applicable, concerning the proposed designation of a historic resource with a historic preservation overlay district, landmark and landmark site pursuant to this chapter.

Exterior means all outside surfaces of a building or structure visible from a public right-of-way or the street easement of the building or structure.

Facade means the face or elevation of a building.

Florida Master Site File means an inventory of surveyed historical and archaeological resources compiled by the State of Florida, Division of Historical Resources for Pinellas County.

Historian means a person with a master's degree in history or American history or museum studies and two years of experience in conducting historical studies, or graduation from an accredited college or university with a major in American history or museum studies and four years of experience in conducting historical studies, or an equivalent combination of training, education and experience.

Historic district means a geographically definable area designated pursuant to this chapter possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also be comprised of individual elements separated geographically but linked by association or history. To qualify as an historic district, an area may contain both contributing and noncontributing properties.

Historic preservation overlay district is a zoning district contained in chapter 138 that will be used to designate a historic district in unincorporated areas of the county.

Historic resource database means the compilation of Florida Master Site File data gathered on historic and archaeological sites in Pinellas County, Florida, based on the findings of An Archaeological and Historical Survey of the Unincorporated Areas of Pinellas County, Florida (1991), A Historic Resources Survey of Unincorporated Pinellas County, Florida (1993), the Countywide Cultural Resources Study (2008), and any subsequent historic or archaeological survey deemed acceptable by the county administrator.

Historic resources means any prehistoric or historic district, site, building, structure, object, or other real or personal property of historical, architectural, or archaeological value that has been surveyed by a historian and submitted to the Florida Master Site File Section of the State of Florida, Division of Historical Resources. Historic resources may include, but are not limited to, monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works, or other objects with intrinsic historic or archaeological value, or any part thereof, relating to the history, government, or culture of the county, the state, or the United States.

Landmark means an archaeological or historical site or a structure designated pursuant to the requirements of this chapter. A "landmark" may include the location of significant archaeological features or of a historical event.

Landmark site means the land designated pursuant to the requirement of this chapter on which a landmark and related structures, or archaeological features and artifacts are located and the land that provides the grounds, the premises or the setting for the landmark.

National Register of Historic Places is a federal listing maintained by the U.S. Department of the Interior of buildings, sites, structures, and districts that have attained a quality of significance as determined by the Historic Preservation Act of 1966 as amended, 16 U.S.C. 470, or as may be amended, renumbered or replaced, and its implementing regulation, 36 CFR 60, National Register of Historic Places, or as may be amended, renumbered or replaced. Areas listed on the National Register are identified in the county historic resource database.

Noncontributing property means and includes any building, structure or site which does not contribute to the overall historic significance of a designated historic district due to alterations, disturbances or other changes and, therefore, no longer possesses historic integrity or was not present during the period of historic significance or is incapable of yielding important information about that period.

Ordinary maintenance and repairs means work done to prevent deterioration, decay, or damage or to repair damages to a designated landmark, landmark site, or a building or structure within a designated historic district, or any part thereof, by restoring the landmark site, building or structure as nearly as practicable to its condition prior to such deterioration, decay or damage. Ordinary maintenance and repair does not include chemical or physical treatments, such as sandblasting, that cause damage to historic materials.

Outside professional opinion means an opinion of an individual who practices and/or operates a business in the field of history, architecture, or archaeology, and who is licensed by the state, where appropriate.

Owner or owners means those individuals, partnerships, corporations or public agencies holding fee simple title to real property as listed by the county property appraiser's office. "Owner" does not include individuals, partnerships, corporations, or public agencies holding easements or less than a fee simple interest (including leaseholds) in real property.

Porch means a structure that extends along the outside of a building consisting of a floor that is typically raised above the finished horizontal elevation of the lot. The porch is unenclosed except for a balustrade and the flooring and may be roofed or open to the sky. Porches may be located within any yard, however, when located within the front or side yard, the porch typically provides a primary access into the structure. When providing primary access, the design elements of the porch are typically consistent with those of the attached structure and include the finish materials of any exterior surface, stem wall materials and/or foundation skirting.

State master site file means a compilation of archaeological and historic resources surveyed in the county and recorded with the state bureau of historic preservation, division of historical resources.

Structure means that which is built or constructed. The term "structure" shall be construed as if followed by the words "or part thereof."

Undue economic hardship means an onerous and excessive financial burden that would be placed upon a property owner by the failure to issue a certificate of appropriateness for demolition, thereby amounting to the taking of the owner's property without just compensation.

Zoning ordinance means chapter 138. Such chapter may be referred to in this chapter as the "zoning ordinance."

(Ord. No. 12-33, § 1, 7-24-12)