§ 146-7. Certificates of appropriateness.

(a)

General requirements.

(1)

Prerequisite to issuance of building permit. No building, moving, demolition, or other development permit shall be issued for a designated landmark, a designated landmark site, or a property in a designated historic district until a certificate of appropriateness has been issued.

(2)

Work not requiring a certificate of appropriateness. A certificate of appropriateness shall not be required for work requiring a building permit and classified as "ordinary maintenance and repair" by this chapter, or for any work that will result, to the satisfaction of the county administrator, in the close resemblance in appearance of the building, architectural feature or landscape feature to its appearance when it was built or was likely to have been built, or to its appearance as it presently exists so long as the present appearance is appropriate to the style and materials. County staff may develop specific criteria to determine the type of work that does not require a certificate of appropriateness, provided the criteria are consistent with the foregoing description.

(3)

Work requiring a certificate of appropriateness. A certificate of appropriateness shall be required by the county prior to initiation of any work involving the alteration, demolition, relocation, reconstruction, excavation or new construction which will result in a change to the original appearance or integrity of the surface or subsurface materials of a designated landmark, designated landmark site, or a property in a designated historic district.

(4)

Application procedures.

a.

An applicant for a certificate of appropriateness shall submit an application to the county planning department. An application for a certificate of appropriateness for a designated landmark, a designated landmark site, or a property in a historic district is reviewed by the historic preservation board or county staff. An application for a certificate of appropriateness shall be accompanied by:

1.

Full plans and specifications, including pictures;

2.

If required, site plan, elevation drawing and specifications to support the project; and

3.

In the case of sites involving buildings or structures, samples of materials as deemed appropriate by county staff or the historic preservation board to fully describe the proposed appearance, color, texture, materials, or design of the building(s) or structure(s) and any outbuilding, wall, courtyard, porch, façade, balcony, fence, landscape feature, paving, signage or exterior lighting.

b.

The applicant shall provide adequate information as determined by the county staff or the historic preservation board to enable the reviewing county staff or the historic preservation board to visualize the effect of the proposed action on the historic resources and on adjacent buildings and streetscapes within a historic district.

(5)

Review of certificates of appropriateness for exterior alterations and new construction.

a.

Review of certificate of appropriateness applications for a landmark, landmark site, or properties in a historic district shall be the responsibility of either the historic preservation board or county staff as shown in the following certificate of appropriateness reference table. The following certificate of appropriateness reference table shows what type of construction activity requires a review by either the historic preservation board or by county staff.

Certificate of Appropriateness (COA) Reference Table

COA Issued by Historic Preservation Board or County Staff: Residential & Commercial
Type of Construction Activity	Contributing Properties/Landmark/Landmark Site	Non-Contributing Properties and Vacant lots
New Addition or Accessory Structure, New Building	HPB	HPB
Carport or Porch Enclosure, New	HPB	HPB
Deck, New Above Ground	HPB	Staff
Demolition/Moving	HPB	Staff
Fence/Wall, Repair Existing Consistent w/Design Guidelines	Staff	Staff
Fence/Wall, New	Staff	Staff
Hurricane Shutters	HPB (if permanent)	Staff
Move Structure onto Site	HPB	HPB
Porch Supports/Ornamentation Repair (same materials/style only)	Staff	Staff
Porch Replace & Repair  With same materials/style	Staff	Staff
Primary Structure, including Dormers, New	HPB	HPB
Roof, Replace/Repair  With same materials/style	Staff	Staff
With other materials	HPB	Staff
Satellite Dish, Antenna, Solar Collectors	Staff	Staff
Signs, Awnings, Canopies  Repair/replace fabric	Staff	Staff
New	Staff	Staff
Stucco/siding/brick/stone/soffit/fascia, Repair With same materials/style	Staff	Staff
Stucco/siding/brick/stone/soffit/fascia, Replace/New	HPB	Staff
Window/Door Replacement  With same materials/style	Staff	Staff
With other materials	HPB	Staff

 

KEY:

HPB: Pinellas County Historic Preservation Board is responsible for reviewing and issuing Certificates of Appropriateness

Staff: County staff is responsible for reviewing and issuing Certificates of Appropriateness, however staff has the right to refer the item to the HPB.

b.

The historic preservation board or county staff shall act upon an application for a certificate of appropriateness within 60 days of receipt of the application and materials adequately describing the proposed action. The historic preservation board or county staff may request outside professional opinions in the review of specific applications. The historic preservation board or county staff shall approve, deny or approve the certificate of appropriateness with conditions (subject to the acceptance of the conditions by the applicant), or suspend action on the application for a period not to exceed 30 days from the date the application is made in order to seek technical advice from outside sources, or to meet further with the applicant to revise or modify the application.

c.

Failure of the historic preservation board or county staff to act upon an application within 60 days (if no additional information is required) or 90 days (if additional information is required) from the date the application was received, shall result in the immediate issuance of the certificate of appropriateness applied for, without further action by the historic preservation board or county staff. The applicant may seek in writing a continuance for good cause shown and any continuance shall toll the running of the 60- or 90-day time period until the applicant advises the county, by written notice, to proceed with review of the application. The time remaining upon receipt of the notice to proceed shall be the time otherwise remaining for review, or 30 days, whichever is greater.

d.

The historic preservation board shall hold a public meeting within 60 days (if no additional information is required) or 90 days (if additional information is required) from the date the application was received to review and consider applications for a certificate of appropriateness. A notice of the meeting will be posted on the Pinellas County website and a copy of the certificate of appropriateness application will be posted in front of the applicant's property. A notice of the meeting will be mailed to all owners of property located within 200 feet of the applicant's property.

e.

When an application for a certificate of appropriateness within the Downtown Palm Harbor Historic District or the Old Palm Harbor-Downtown Zoning District requires review and action by the historic preservation board, the Old Palm Harbor Main Street Board will be provided a notice of the public meeting and a copy of the application.

(6)

General criteria for evaluating certificates of appropriateness. The criteria for issuance of a certificate of appropriateness shall be as follows:

a.

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

b.

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

c.

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

d.

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

e.

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

f.

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

g.

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

h.

New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

i.

New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

j.

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

(7)

Design criteria for Downtown Palm Harbor Historic District. The following design criteria apply to the Downtown Palm Harbor Historic District as sited and depicted in the zoning ordinance and zoning atlas. Downtown Palm Harbor Historic District is a unique example of the county's past. There are several contributing buildings within the district. The historical "contributing" buildings located in the district do not fall into any specific architectural style but are instead considered a part of the "folk" architectural tradition. For this reason, design criteria cannot be based upon specific, stylistic elements but instead must be based upon the connecting elements and characteristics that are present in the district. These characteristics include: the relationship between the shape, size and height of the buildings; the front-facing orientation of the buildings and the lack of setbacks from the main street; the major roof types; window/door design and placement; and minimal ornamentation and architectural detailing. Minor connecting elements in the district include shutters, porches, and fences.

a.

General design criteria.

1.

The scale (height/width ratio) of new construction, or of alterations/additions to existing structures, shall be similar to that of the contributing structures in the district.

2.

New buildings or alterations/additions to existing structures shall not be built higher than the existing buildings in the district as of the time of designation. The height of new construction, or of alterations/additions to existing structures, shall not exceed 30 feet in height when measured at the eave of the structure.

3.

The historical setback patterns and street-facing orientation shall be maintained for new and reconstructed buildings. New buildings shall be built flush with the public right-of-way except in cases where the presence of mature trees requires that the building be located back from the street. The orientation of new buildings, and of alterations/additions to existing buildings, shall maintain front-facing facades with the main entrance on the street side of the building.

4.

The size, slope, and type of roofs for new construction, or for alterations/additions to contributing structures, shall be similar to those of the contributing structures.

5.

Shutters shall be in character with the style and period of the building. Replacement shutters shall be similar to the original in size, configuration, and style, and shall fit the window openings, not to overlap on the surface of the wall.

6.

Porch additions shall have a roof type that is either similar to the existing roof or that is in character with the style and period of the building.

7.

Fences within the Downtown Palm Harbor Historic District shall be limited to the following styles and materials:

(a)

All fences and walls shall be constructed of materials appropriate to their purpose and location and shall be compatible with the streetscape materials.

(1)

Fences and walls on all street frontages shall be constructed only of decorative open pickets, decorative metal, brick, or stamped concrete which are compatible with the streetscape design materials.

(2)

No fence or wall shall be constructed of corrugated sheet metal, barbed wire, chicken wire, or similar materials.

(3)

Chain link fences concealed by landscaping may be allowed along the side of property that has no street or alley frontage.

(b)

On all street frontages (except for frontage on an alley), walls and fences shall not exceed three feet in height, except in those instances where a higher fence is required by section 138-1286 for screening dumpsters.

(c)

No fence or wall shall be constructed within a public right-of-way, right-of-way easement or utility easement, unless authorized by the county.

(d)

No fence or wall shall enclose a water meter box or manhole, unless authorized by the county.

(e)

Where not specifically changed in this section, fences and walls shall otherwise comply with section 138-1336.

8.

Historically, building, trim, and roof colors have not been a major defining component of the district. Choice of colors should complement and enhance the character of the district. For new construction and noncontributing structures, specific color choice is left to the discretion of the property owner. For contributing structures, the general criteria for evaluating certificate of appropriateness as cited in subsection (a)( 6) of this section shall be followed.

9.

On-street or alley parking should be maintained. Historical parking patterns should be followed in site-plan requirements for new construction.

b.

Contributing structures.

1.

If windows and doors in contributing structures are determined to be unrepairable, they shall be replaced with new windows and/or doors matching the size, spacing, and where possible, materials of the originals. The use of materials other than the original materials shall be considered by the historic preservation board or county staff on a case-by-case basis.

2.

Porches and porch features that are in good condition or repairable, and which are in character with the style and period of the building, shall be retained. Porches and porch features shall be repaired so they match the existing in materials, size and configuration.

c.

Noncontributing structures.

1.

Where possible and appropriate, alterations and additions to noncontributing structures shall be similar to the major features, details and materials found in the contributing structures. Alterations and additions shall not introduce false historical architectural features not found in the district.

2.

Where possible and appropriate, when renovating an existing noncontributing structure, new or replacement windows and/or doors shall be similar to the size, spacing, materials and general rhythm of the windows and/or doors found in the contributing structures.

d.

New construction.

1.

The roof types of new buildings shall conform to the roof types of the contributing structures in the district. Gable, pyramidal (hip), and flat roofs with parapets are found in the contributing structures. Use of a roof type that is not present in the contributing structures, and which can be seen from the street is prohibited. Alternative roof styles can be used if they are concealed by a parapet and are not visible from the street.

2.

Proportions, configurations, and placement of windows and/or doors in new buildings shall be similar to the size, spacing, materials and general rhythm of the window/door fenestration found in the contributing structures.

3.

Use of double-hung sash windows with two—four lites is encouraged. Jalousie windows are prohibited. Recessed entrances are encouraged.

4.

Major architectural features, detailing and materials used in new construction shall be similar to those of the contributing structures found in the district.

5.

Modern equipment such as solar collectors, air conditioners, etc. shall be concealed from public view.

(b)

Special requirements.

(1)

Demolition.

a.

Demolition of a designated landmark, landmark site or a contributing property within a designated historic district may only occur pursuant to an order of a governmental body, the historic preservation board, or an order of a court of competent jurisdiction and pursuant to approval of an application by the owner for a certificate of appropriateness for demolition.

b.

No permit for voluntary demolition of a designated landmark, landmark site or contributing site within a historic district shall be issued to the owner(s) thereof until an application for a certificate of appropriateness has been submitted to the county planning department, and approved pursuant to the procedures in this section.

1.

The historic preservation board shall approve, deny, or approve with conditions the application for a certificate of appropriateness for demolition.

2.

Refusal by the historic preservation board to grant a certificate of appropriateness for demolition shall be evidenced by a written order detailing the public interest which is sought to be preserved.

3.

The historic preservation board may grant a certificate of appropriateness for demolition which may provide for a delayed effective date of six months to allow the historic preservation board to seek possible alternatives to demolition. During the demolition delay period, the historic preservation board may take such steps as deemed necessary to preserve the structure concerned, in accordance with the purpose of this chapter. Such steps may include, but shall not be limited to:

i.

Consultation with civic groups, public agencies and interested citizens;

ii.

Recommendations for acquisition of property by public or private bodies or agencies; and

iii.

Exploration of the possibility of moving the building or other feature.

c.

In addition to the general criteria of subsection (a)(6) of this section, the historic preservation board shall consider the following criteria in evaluating applications for certificates of appropriateness for demolition of designated landmark, landmark site or contributing properties within a designated historic district:

1.

Is the building or structure of such interest or quality that it would reasonably meet national, state or local criteria for additional designation as an historic or architectural landmark.

2.

Is the building or structure of such design, craftsmanship, or material that it could be reproduced only with great difficulty and/or expense.

3.

Is the building or structure one of the last remaining examples of its kind in the neighborhood, the county or the region.

4.

Does the building or structure contribute significantly to the historic character of a designated historic district.

5.

Would retention of the building or structure promote the general welfare of the county by providing an opportunity for the study of local history or prehistory, architecture and design or by developing an understanding of the importance and value of a particular culture and heritage.

6.

Are there definite plans for reuse of the property if the proposed demolition is carried out, and what will be the effect of those plans on the character of the surrounding area.

7.

Has demolition of the designated building or structure been ordered by the appropriate public agency due to unsafe conditions.

8.

Is the cause of demolition due to self-imposed negligence of the property owner.

d.

Unless demolition has been ordered by a court of competent jurisdiction or another governmental body, a certificate of appropriateness for demolition of a designated landmark, landmark site or a contributing property in a historic district shall not be issued until there are definite plans for reuse of the property and a building permit or development order for the new construction has been applied for.

e.

In the event that an undue economic hardship, as defined in this chapter, is claimed by the property owner as a result of the denial of a certificate of appropriateness for demolition, the property owner may file a takings' claim consistent with the provisions of chapter 134, article IV.

(2)

Moving permits. The historic preservation board shall use the general criteria of subsection (a)(6) of this section along with the following criteria when evaluating applications for a certificate of appropriateness for the moving of a landmark or a contributing property located within a designated historic district:

a.

The historic character and aesthetic interest the building or structure contributes to its present setting.

b.

The reasons for the proposed move.

c.

The proposed new setting and the general environment of the proposed new setting.

d.

Whether the building or structure can be moved without significant damage to its physical integrity.

e.

Whether the proposed relocation site is compatible with the historical and architectural character of the building or structure.

f.

When applicable, the effect of the move on the distinctive historical and visual character of a designated historic district.

g.

The effect of the move on the eligibility of the sites that are listed or may be determined eligible for listing in the National Register of Historic Places.

(3)

Archaeological sites designated as landmark and landmark site.

a.

A certificate of appropriateness shall be required prior to the issuance of a building permit for activity within a designated landmark and landmark site containing an archaeological site pursuant to section 146-6(f). An application for a certificate of appropriateness shall be accompanied by full plans and specifications indicating areas of work that might affect the surface and subsurface of the archaeological site or sites. The requirements outlined in subsection (a)(4) of this section shall apply to all applications and the issuance of all certificates of appropriateness for landmark and landmark site containing archaeological sites designated pursuant to this chapter.

b.

In reviewing an application for a certificate of appropriateness for a designated landmark and landmark site containing an archaeological site the county administrator may also require any or all of the following:

1.

Scientific excavation and evaluation of the site by an archaeologist at the owner's expense.

2.

An archaeological survey, conducted by an archaeologist as defined in this chapter, containing an analysis of the impact of the proposed activity on the archaeological site.

3.

Proposed mitigation measures pursuant to subsection (b)(4) of this section.

(4)

Guidelines for protection, mitigation and curation of archaeological resources.

a.

Protection. Measures taken to protect an archaeological site may be either temporary or permanent. When a site is to be protected, it is to be shielded from deterioration, damage, and from artifact collection by other than archaeologists designated by the property owner to assess the significance of the site. Site protection is designed to sustain the existing form and integrity of the site. Protective measures are site specific, but may include (but are not limited to) the following steps and considerations where appropriate:

1.

Designing the development site plan to avoid known designated archaeological sites and/or to include them in green-space preservation areas. This design action can often result in the establishment of protective covenants or preservation easements between the county and the property owner, those proposing to develop the property, or any other authorized entities.

2.

Satisfactory protection may also be achieved, under appropriate circumstances, by means of fencing, on-site public notices, covering with fill or paving over buried archaeological resources, stabilization, or a combination of these.

3.

Even though basic protective measures have been agreed upon at a development site, care must be taken to avoid indirect impact to the an archaeological site as a result of development site preparation and construction activities. Examples of indirect impact are disturbance by the maneuvering of heavy equipment, delivery of construction materials and digging of utility line trenches. Temporary buffers, fencing or other means of site protection may therefore be required during construction and site preparation activities.

b.

Mitigation. The term "mitigation" refers to archaeological excavation of that portion of a designated archaeological site which is threatened by an adverse impact and which cannot be preserved. If feasible, an archaeological site that has been designated as a landmark or landmark site should be preserved and protected from adverse impact. Excavation of significant sites will occur only as a last resort if the development impacts are unavoidable. If it is infeasible to preserve the site, then the owner or applicant shall hire an archaeologist to excavate that portion to be impacted in order to recover and interpret the information which the site contains.

The excavation shall be conducted in accordance with section 4.6 of the guidelines contained in the historic preservation compliance review program of the state division of historical resources. As is the case with test excavations for purposes of site assessment, adhering to these guidelines will provide a consistent level of effort for affected sites in the county and will also be sufficient for state compliance in the event the site is located within a DRI area.

c.

Curation of artifacts and related materials. Artifacts (objects made or used by humans) and associated materials (e.g., soil samples, samples for radiocarbon dating, faunal remains, botanical specimens) recovered from archaeological excavation belong to the owner of the property from which they were recovered and should be properly curated.

1.

Materials recovered from county properties. The county may either store or display archaeological materials recovered from county properties. In either case, care is to be taken not to lose the information concerning individual artifact provenance and the associated documentation, such as artifact catalogs. Assemblages from a single site should be stored as a unit and should be accessible to qualified researchers.

The materials should not be sold, but they may be donated or loaned to appropriate institutions which have suitable curatorial facilities, such as the Heritage Village Museum, other museums, colleges or universities. Whether stored or displayed, the materials should be in a physical environment that prevents deterioration. Special conservation measures may be required in some cases, especially for materials recovered from submerged sites.

2.

Materials recovered from privately owned properties. Objects and other materials recovered from privately owned property will remain in the care of the designated archaeologists for the duration of the appropriate analysis. A copy of the archaeological report and findings shall be given to the county planning department. Once analysis has been completed and a report of the investigation has been submitted, the artifacts will be turned over to the property owner. Thus, the private property owner makes disposition of the archaeological materials from his property.

The private property owner may elect to keep the materials. In that event, the owner should take care to maintain the provenance records of the individual objects and any associated materials, to protect the collections and to store/display them in a physical environment which will prevent deterioration.

If artifacts are displayed, they should not be grouped in a manner that renders it impossible to redetermine their relative location within the archaeological site. Special conservation measures may be necessary in some cases, especially for materials recovered from submerged sites. A private property owner may choose to donate the artifacts to the county, a museum, an educational institution with suitable curatorial facilities, or other appropriate institution. It is also possible to loan the artifacts to a suitable institution for purposes of interpretive display.

(Ord. No. 12-33, § 6, 7-24-12)