§ 94-81. Nomination and designation of historic districts and local landmarks.

(a)

Nomination of National Register Historic Districts. The following is the procedure for nomination of national register historic districts:

(1)

Request for nomination; fee. A request for nomination of a historic district may be made by the board, provided the board has the concurrence of 66 percent of the voting property owners within the proposed district who respond to the petition. Application for nomination shall be made to the planning department, and shall be accompanied by a fee of $50.00 to cover the costs of notification and processing of the applications.

(2)

Contents of application; deadline for submission.

a.

Applications for nomination shall include:

1.

Photographs of the property proposed for nomination.

2.

A brief statement of historical significance and any available documentation.

3.

A brief statement of architectural or archaeological significance, including detail photographs if necessary.

b.

The deadline for applications for a historic district nomination shall be the day of the regularly scheduled board meeting two months prior to the consideration of the nomination by the board. Applications shall be formally accepted, if complete, at this prior meeting. If the nomination proposal is not technically complete, the board shall notify the proposal's sponsor in writing, identifying the technical deficiencies, within 30 days after receipt of the nomination proposal. If the application is determined to be complete, it shall be placed on the next meeting agenda with respect to the notification process.

(3)

Notice of proposed nomination. Written notice of proposed nomination shall be given to owners of record of property proposed for designation at least 30 calendar days and not more than 75 calendar days prior to any action on such requests and shall be advertised and identified as provided in section 122-132. Those to be noticed include owners of record of the property, the city council, the Chairman of the Board of County Commissioners of Marion County, and the SHPO.

a.

Within 30 calendar days after receipt of the nomination proposal, the CLG-HPO shall submit in writing to the board a recommendation as to whether or not the property shall be nominated to the National Register.

b.

Any person or organization that opposes the nomination of an individual property or district to the National Register shall make its views known in a notarized, written statement.

(4)

Hearing; recommendation by board. The board shall consider all nominations in a public hearing and shall make recommendations for designation to the city council as per the guidelines in subsection (d) of this section.

a.

Any person or organization which supports or opposes the nomination of a property to the National Register shall be allowed to speak at the public hearing or by submittal in writing to the board or city staff.

b.

Recommendations for designation and any other correspondence shall be accompanied by a report incorporating the submitted documentation and board findings of significance. This report shall contain a description of the details, nature and character specific to the proposed district.

c.

City council shall review the recommendations and report at a public hearing and determine whether to designate the proposed district.

d.

If city council designates the proposed district, the nomination proposal shall be forwarded, with a record of official action taken by the board and city council, to the SHPO for processing of the nomination proposal by the Florida National Register Review board within 30 calendar days after the council meeting at which it was considered.

(5)

Appeals. Any person may appeal the decision of the city council with respect to the nomination of a National Register District. Appeals shall be directed to the SHPO in writing within 30 calendar days of the SHPO's receipt of the written decision of the board. Such appeal shall be conducted pursuant to the procedures set forth in the Florida Certified Local Government Guidelines.

(b)

Nomination and designation of Locally Designated Historic District. Any nominated historic district which has met the conditions of section 94-81(a) and has been placed on the National Register of Historic Places, can then be considered for nomination as a locally designated historic district. An area which has been identified as significant to the local history but which does not meet the standards of the National Register of Historic Places may also be nominated as a locally designated historic district.

(1)

Request for nomination; fee. A request for nomination of a local historic district may be made by the board, provided the board has the concurrence of 66 percent of the voting property owners within the proposed district who respond to the petition. Application for nomination shall be made to the planning department, and shall be accompanied by a fee of $50.00 to cover the costs of notification and processing of the applications.

(2)

Contents of application; deadline for submission.

a.

Applications for nomination shall include:

1.

If available, the letter of designation as being listed on the National Register of Historic Places received from the Secretary of the Department of the Interior.

2.

Photographs of the property proposed for nomination.

3.

A brief statement of historical significance and any available documentation.

4.

A brief statement of architectural or archaeological significance, including detail photographs if necessary.

b.

The deadline for applications for a locally designated historic district nomination shall be six weeks prior to the consideration of the nomination by the board.

(3)

Hearing; recommendation by board. The board shall consider all nominations in a public hearing and shall make recommendations for designation, per the guidelines in subsection (d) of this section, to the city council. Recommendations for designation shall be accompanied by a report incorporating submitted documentation and board findings of significance. This report shall contain a description of the details, nature and character specific to the proposed site. City council will consider the recommendation and report at a public hearing, and determine whether to designate the proposed site.

(c)

Nomination and designation of local landmarks. The following is the procedure for nomination of individual historic resources as a landmark. The nominated historic resource may or may not be listed on the National Register of Historic Places.

(1)

In addition to the structures already identified as within the historic district, the board shall consider for landmark designation any additional buildings, structures, objects, sites, and districts within the city which merit landmark designation and protection, possessing integrity of location, design, setting, materials, workmanship of association and being:

a.

Of particular historic significance by exemplifying the broad cultural, political, economic, or social history of the nation, state, or community;

b.

Associated with historic personages important in national, state, or local history;

c.

The site of an historic event which had a significant effect on the development of the nation, state, or community;

d.

An embodiment of the distinctive characteristics of a type, period, or method of architecture or engineering;

e.

Representative of the work of an important builder, designer, artist or architect whose individual ability has been recognized or who influenced his age;

f.

Significant for containing elements of design, detail, materials, or craftsmanship which represent a significant innovation; or

g.

Able or likely to yield information important in prehistory or history.

(2)

Request for nomination. Request for nomination of individual historic resources may be made by the board or any interested individual. Application for nomination shall be made to the planning department, and shall be accompanied by a fee of $50.00 to cover the costs of notification and processing of the applications.

(3)

Contents of application; deadline for submission.

a.

Applications for nomination shall be in writing and include:

1.

Photographs of the property proposed for nomination.

2.

A brief statement of historical significance and any available documentation.

3.

A brief statement of architectural or archaeological significance, including detail photographs, if necessary.

4.

A statement of support and approval of the nomination shall be obtained from the property owner of record.

b.

The deadline for applications for local landmark nomination shall be six weeks prior to the consideration of the nomination by the board. Applications shall be formally accepted, if complete, at this prior meeting.

(4)

Hearing; recommendation by board. The board shall consider all nominations in a public hearing and shall make recommendations for designation, per the guidelines in subsection (c)(1) or (d) of this section, to the city council. Recommendations for designation shall be accompanied by a report incorporating submitted documentation and the board's findings of significance. This report shall contain a description of the details, nature and character specific to the proposed site. City council will consider the recommendation and report at a public hearing and determine whether to designate the proposed site as a local landmark.

(d)

Guidelines for recommendations. Locally designated historic districts and local landmarks may be designated by ordinance upon recommendation by the board, which shall use the following criteria as general guidelines for making such recommendations: districts, sites, buildings, structures and objects that possess integrity of location, design, setting, material, workmanship, feeling and association, and that:

(1)

Are associated with events that have made a significant contribution to the broad patterns of the city's history;

(2)

Are associated with the lives of persons significant in the city's past;

(3)

Embody the distinctive characteristics of a type, period or method of construction, or that represent a significant and distinguishable entity whose components may lack individual distinction;

(4)

Have yielded or may yield information important in prehistory or history; or

(5)

Constitute a unique density of architecture, scale, landscaping and planning.

(e)

Designation procedure; notice of designation. The following is the procedure for designation of historic districts and individual historic resources:

(1)

Resources recommended for designation by the board shall be presented to the city council in ordinance form for introduction within 14 calendar days from recommendation.

(2)

Notice of designation shall be sent to all owners of property so designated within 14 calendar days of final city council action. Updated lists of designated properties shall be kept by the city clerk's office and the CLG-HPO, and shall be noted on the official historic preservation map. Notification of all new historic designations or alterations to existing designations shall be sent to the SHPO within 30 calendar days of designation.

(f)

Effect of designation. Upon designation of a local historic district or local landmark by the city council, the following procedures and standards shall apply:

(1)

All proposed actions, public and private, affecting designated properties requiring certificates of appropriateness shall be referred to the board for consideration.

(2)

All requests before the planning and zoning commission, and the board of adjustment affecting designated properties, shall simultaneously be forwarded to the board for its recommendation. Where possible, the board shall be allowed to meet and make a recommendation prior to the date of the scheduled meeting of the planning and zoning commission or board of adjustment. Any failure to comply with the requirements of this subsection shall not affect the validity of any action taken by the planning and zoning commission or by the board of adjustment.

(g)

Official map.

(1)

There shall be an official historic preservation map upon which all designated districts and local landmarks shall be shown. The official historic preservation map shall be identified by the signature of the president of the city council, attested by the city clerk, and bear the seal of the city under the following words: "This is to certify that this is the Official Historic Preservation Map of the City of Ocala, Florida, adopted by ________," together with the date of the adoption of this chapter. No changes of any nature shall be made on the official historic preservation map or matter shown thereon except in conformity with the procedures set forth in this chapter. Regardless of the existence of purported copies of the official historic preservation map which may from time to time be made or published, the official historic preservation map, which shall be located in the office of the CLG-HPO, shall be the final authority as to the historic designation status of lands, buildings and other resources in the city.

(2)

If the official historic preservation map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official historic preservation map, which shall supersede the prior official historic preservation map. The new official historic preservation map may correct drafting or other errors or omissions in the prior official historic preservation map, but no such correction shall have the effect of amending this chapter. The new official historic preservation map shall be identified by the signature of the president of the city council and attested by the city clerk, and bear the seal of the city under the following words: "This is to certify that this Official Historic Preservation Map supersedes and replaces the Official Historic Preservation Map adopted (date of adoption of map being replaced) by Ordinance No. ________ of the City of Ocala, Florida," together with the date of the resolution adopting the new official historic preservation map.

(Code 1961, § 13C-4; Code 1985, § 7-324; Ord. No. 2006, § 4, 5-10-88; Ord. No. 5720, § 2, 9-18-07; Ord. No. 2011-39, § 8, 11-16-10)

Editor's note

Ord. No. 2011-39, § 8, adopted Nov. 16, 2010 renamed § 94-81 from "Nomination and designation of historic districts and individual historic resources." to "Nomination and designation of historic districts and local landmarks."