§ 94-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings set forth in this section, except where the context clearly indicates a different meaning:
Adverse impact means damage, loss or destruction of archaeological artifacts or other data through human activity. This includes damage from land clearing, grading, construction, illegal dumping, vandalism, or digging for artifacts in an unprofessional manner.
Affirmative maintenance means continuing ordinary maintenance and repair of a structure or resource, or the land on which it sits, so as to prevent decay or deterioration, and taking such other actions as are necessary to avoid structural deterioration. This includes: the maintenance and repair of paint, glazing of windows and doors, mortar, roofing material and exterior waterproofing system; the removal of debris or of excess plant material; and the maintenance and repair of exterior elements attached to the structure or site such as awnings, shutters, railings, gutters, fences and other such elements that add to the architectural character of the structure or resource.
Amended Certificate of Appropriateness means a certificate issued to permit the change of less than a significant portion of the materials or design elements identified in a previously issued certificate of appropriateness.
Amended Staff Certificate of Appropriateness means a certificate issued to permit a change of less than a significant portion of the materials or design elements identified in a previously issued staff certificate of appropriateness.
Antenna see definition in section 122-1042.
Applicant means the record owner of property, or a person holding a contract to purchase such property, who makes application for a nomination or for a certificate of appropriateness under this chapter.
Archaeological site means a location that has yielded or may yield information on history or prehistory. Archaeological sites are evidenced by the presence of artifacts and features below the ground surface indicating the past use of a location by people.
Archaeological testing means subsurface excavation to determine the type and extent of an archaeological site. Archaeological testing is usually done, supervised or reviewed by a professional archaeologist. Subsurface excavation testing techniques may include augering or use of posthole diggers, shovels or heavy equipment. Regardless of the digging tool used, excavated soil containing cultural remains must be screened for artifact recovery through screening material with an opening no larger than one-quarter inch. The location, depth and stratigraphy of each test hole must be recorded. Remote sensing, such as ground-penetrating radar, may be used in conjunction with subsurface testing.
Artifact means an object showing human workmanship or modification.
Board or OHPAB means the Ocala Historic Preservation Advisory Board.
Building means any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This definition shall include tents, awnings, cabanas or vehicles situated on private property and serving in any way the function of a building.
Building envelope means everything that separates the interior of a building from the outdoor environment, including the windows, doors, walls, foundation, basement slab, ceiling, roof, and insulation.
Certificate of Appropriateness (CA) means a document evidencing approval of the board for work proposed by an applicant after having met the guidelines and process outlined in section 94-82.
Certified districts means those historic districts certified by the National Park Service Office per requirements of the Economic Recovery Tax Act of 1981 (Public Law 97-34).
Certified Local Government (CLG) means the federal program authorized by the National Historic Preservation Act (16 U.S.C. 470 et seq.), that provides for the participation of local governments in a federal/state/local government preservation partnership. The city has been designated as a Certified Local Government.
CLG Historic Preservation Officer (CLG-HPO) means the city official designated by the city manager to administer the local historic preservation program established under chapter 94 of this code.
Code enforcement board or CEB means the city's municipal code enforcement board.
Contributing means a structure that, by its location, design, materials, workmanship, character and association, contributes to the sense of time and place and historical development of the city. Structures must be at least 50 years old in order to be considered as "contributing" with the exception of those buildings and structures less than 50 years of age that meet the National Register's criteria of exceptional significance. Contributing structures within each of the city's historic districts are designated as such on the official historic preservation map.
Demolition means any act, or failure to act, that destroys in whole or in part a designated historic building or structure or a building or structure in a historic district.
Demolition by neglect describes a situation in which a property owner: (a) performs improper maintenance which does not meet the Secretary of Interior's Standards for Rehabilitation, or is done in such a manner so as not to prevent further deterioration of the structure, or (b) fails to perform affirmative maintenance which allows a historic resource to suffer substantial deterioration and threatens its continued preservation.
Ecological community, desirable means a natural ecosystem that can support humans because of the richness of the soils. In a natural, unaltered state the vegetation itself would be a source of food for humans and would also be a source of food for animals that would be hunted by humans. The rich soils would also be well suited for agriculture. Specific desirable ecological communities found in the city are:
Ecological Community Soils Longleaf Pine-Turkey Oak Hills Apopka sand Arredondo sand Astatula sand Candler sand Gainesville loamy sand Tavares sand Mixed Hardwood and Pine Arredondo sand Upland Hardwood Hammocks Adamsville sand Apopka sand Arredondo sand Blitchton sand Electra sand Fellowship loamy sand Fellowship gravelly loamy sand Flemington loamy sand Gainesville loamy sand Hague sand Jumper fine sand Kendrick loamy sand Lochloosa fine sand Micanopy fine sand Pedro-Arredondo complex Sparr fine sand Tavares sand Wacahoota loamy sand Wacahoota gravelly sand Zuber loamy sand Wetland Hardwood Hammocks Eureka loamy fine sand Holopaw sand Paisley loamy fine sand Pompano sand Oak Hammocks Adamsville sand Kanapaha fine sand Lochloosa fine sand Tavares sand Cypress Swamp Eureka loamy fine sand, ponded Martel sandy clay loam Pamlico-Martel association Placid sand Pompano sand, ponded Swamp Hardwoods Anclote sand Anclote-Tomoka association Bluff sandy clay Holopaw sand Pamlico-Martel association Placid sand Pompano sand, ponded Terra Ceia muck Tomoka muck Freshwater Marsh Anclote-Tomoka association Bluff sandy clay Holopaw sand Okeechobee muck Placid sand Placid-Pompano-Pomona complex Pompano sand, ponded Terra Ceia muck Tomoka muck Slough Anclote sand Anclote-Tomoka association Placid sand Pompano sand Exempt maintenance means any work that would qualify as ordinary maintenance under this section except that the work must repair or restore the structure or part thereof to the identical condition or appearance in which it existed prior to the occurrence of the deterioration, decay or damage being corrected and using essentially identical materials as were previously used. Examples of exempt maintenance include caulking, low pressure washing to remove flaking paint and mildew, replacement of glass window panes with the same type of glass and replacement of door or window screens with the same type of screen material.
Florida Certified Local Government Guidelines (FCLGG) means the established procedures for the certification of local governments to participate in the federal-state-local preservation partnership contained in the National Historic Preservation Act, as amended (16 U.S.C. 470 et seq.). Established under the Florida Department of State Division of Historic Resources Bureau of Historic Preservation, the FCLGG set forth 1) certain requirements and responsibilities for participation in the Certified Local Government program, and 2) procedures for certification of local governments and for transfer of federal grant funds to participating Certified Local Governments.
Historic building or historic structure means those buildings or structures designated as contributing, in either an altered or unaltered state, on the National Register of Historic Places for certified districts and resources, or by the city council in the case of locally designated historic districts and local landmarks.
Historic character results from the combination of the character-defining features that have established the appearance of the building as it has evolved over time. Character-defining aspects of the building may include form and detailing of exterior materials, such as masonry, wood, and metal; exterior features such as roofs, porches, and windows; materials, such as plaster and wood; finished and unfinished interior spaces; interior features, such as moldings and stairways, room configuration, and spatial relationships; and structural systems. The elements of setting, such as the scale of building, the relationship of buildings to each other, setbacks, fence patterns, views, driveways and walkways, and street trees together create the character of a district or neighborhood.
Historic district means a geographically definable area possessing a significant concentration, linkage or continuity of sites, 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.
Historic material means a building material that is of the same or similar composition as that used during the historically significant time period for which the historic district was designated. The material shall match or have similar texture, pattern, grain, and module size. Historic solid-to-void ratios shall be maintained when possible.
Historic resource means any prehistoric or historic district, site, structure, object, or other real or personal property of historical, architectural or archaeological value.
Landscaping means natural and cultural resources, or the development of a site which affect the historical character of the property including vegetation, natural features, structures, fences, objects, roads or waterways, designed, shaped or modified by human activity.
Locally Designated Historic District means any group of resources related to one another in a clearly distinguishable way or any geographically definable area which possess a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. The local historic district must be significant as well as identifiable and it must meet local register criteria and must be designated by city council.
Local landmark means those districts and individual buildings, structures, objects, or sites, either public or private, within the city which have a particular historic significance to the community and designated as historic by the city council. The resources may or may not be included on the National Register of Historic Places.
National Register Historic District means any group of resources related to one another in a clearly distinguishable way or any geographically definable area which possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. The National Register Historic District must be significant as well as identifiable and it must meet National Register Criteria for listing on that Register.
National Register of Historic Places means the national list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture, maintained by the Secretary of the Interior under authority of Section 101(a)(1)(a) of the National Historic Preservation Act of 1966 as amended.
Non-permanent structure means any tent, shed, stall, collapsible or movable structure which is designed to provide temporary shelter or cover.
Object means a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
OHPAB Representative means the member of the board who is a Registered Florida Architect selected by the board as the designated representative to deal with issues related to certificate of demolition by neglect and certificate of a lack of affirmative maintenance. If more than one such architect sits on the board, the board will select the OHPAB Representative from among them. The OHPAB Representative is designated only for issues related to certificate of demolition by neglect.
Ordinary maintenance means any minor work to a building or structure, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure or any part thereof and to restore the structure or part thereof, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage.
Ordinary re-roofing means work to the roof structure of a building where: (1) the shape or dimensions of the roof structure is not changed; (2) the visual appearance of fascia, soffit, rafter ends, cornice, chimneys, and other architectural details associated with the roof structure is not changed; (3) the existing roofing material will be replaced with identical roofing material or the existing roofing material is some type of shingle which will be replaced with shingles that have a similar visual appearance; or (4) the installation of a roof ridge vent which is not visible from public property.
Preservation means the identification, evaluation, recordation, documentation, analysis, recovery, interpretation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, or reconstruction of historic properties.
Rehabilitation means 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 which are significant to its historical, architectural and cultural values.
Resource means districts, sites, structures, objects or other real or personal property located in the city.
Restoration means the act of accurately recovering the form and details of property or a structure, and its setting as it appeared at a particular period of time by means of the removal of later work or the replacement of missing earlier work.
Satellite dish means a communication device which is utilized to assist in the viewer's ability to receive video programming signals from direct broadcast satellites, multichannel multipoint distribution (wireless cable) providers, and television broadcast stations.
Secretary of the Interior's Standards means the current edition of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, U.S. Department of the Interior, National Park Service, Preservation Assistance Division, Washington, D.C.
Site means the location of a significant event, or a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself maintains a historical or archaeological value regardless of the value of any existing structures.
Site features means the site features of a parcel upon which a structure is or is being constructed, including driveways, walkways, lighting, fencing, signs, benches, fountains, wells, terraces, ponds or other water bodies, plants and trees, berms, drainage or irrigation ditches, and archeological features that are important in defining the history of the site. The term also includes the relationship between a historic building or buildings and landscaping features within a property's boundaries, and helps to define the historic character.
Stabilization means the act or process of applying measures designed to reestablish a weather resistant enclosure or the structural stability of an unsafe or deteriorated structure while maintaining the essential form as it exists at present.
Staff means those persons employed by the planning department under the supervision of the CLG Historic Preservation Officer.
Staff Certificate of Appropriateness (SCA) means a certificate issued by the CLG Historic Preservation Officer or its staff pursuant to section 94-82(c).
State Historic Preservation Officer (SHPO) means the official designated pursuant to F.S. § 267.031(7) to administer the state historic preservation program established for the purpose of carrying out the provisions of the National Historic Preservation Act of 1966, as amended.
Structural elements means those elements of a structure that comprise the framework of the structure. This includes the joist, beams, girders, trusses and any load bearing horizontal or vertical elements. Features of the structural system may be exposed or may be part of the building envelop such as load bearing brick walls, cast iron columns, roof trusses, posts and beams, vigas, or stone foundation walls, and are important in defining the building's overall historic character.
Structure means anything constructed or erected, the use of which requires a permanently affixed location on the ground or attachment to something having fixed location on the ground including, without limitation, buildings, sidewalks, satellite dishes, fences, signs, flagpoles, driveways and benches. The structure includes the structural elements and any attached elements that comprise the building envelope.
Survey means the act or process of determining the location and identification of historical and archaeological sites and properties including the determination of the historical significance or values represented by historical and archaeological sites and properties which have been located and otherwise described.
Uninhabitable means a structure which does not meet the basic criteria as established for occupancy by the city's building code.
(b)
Table of abbreviations. For ease of reference, the following table is provided for the abbreviations used in this Chapter, including the foregoing definitions.
Abbreviation Term Abbreviated CA Certificate of Appropriateness CEB Code enforcement board CLG Certified Local Government CLG-HPO CLG Historic Preservation Officer FCLGG Florida Certified Local Government Guidelines OHPAB Ocala Historic Preservation Advisory Board SCA Staff Certificate of Appropriateness SHPO State Historic Preservation Officer
(Code 1961, § 13C-2; Code 1985, § 7-322; Ord. No. 2006, § 1, 5-10-88; Ord. No. 2280, § 1, 6-9-92; Ord. No. 5004, §§ 1, 2, 11-27-01; Ord. No. 2011-39, § 1, 11-16-10)
Cross reference
Definitions generally, § 1-2.