134.05(A)(1)
Required. No person shall undertake any of the following actions affecting a without first obtaining a
from the :
134.05(A)(1)(a)
of the
architectural appearance or features of a
or a
or designated interior portion of a
,
, object, or site;
134.05(A)(1)(b)
;
134.05(A)(1)(c)
;
134.05(A)(1)(d)
;
134.05(A)(1)(e) Land disturbance; or
134.05(A)(1)(f) Development activities.
134.05(A)(2) Review of
and
to designated
and
shall be limited to the
architectural features visible to the public, except for interior portions designated a
.
134.05(A)(3) A
shall be a prerequisite and in addition to any other permits required by law. The issuance of a
by the
shall not relieve the property owner of the duty to comply with other state and local laws and regulations.
134.05(A)(4)
to a
or
that are otherwise permitted by law may be undertaken without a
, provided the work on a
does not alter the
architectural appearance or features of the
or designated interior, or alter elements significant to its architectural, archaeological, or historic
.
134.05(A)(5) If a
for
is approved, the
shall remain designated during and after its
.
134.05(A)(6) Except as set forth in this Chapter, no
permit shall be issued by the
that affects any
without a
.
134.05(B)(1)
Application. The property owner or agent shall complete and file an application with the
on a form provided by the .
134.05(B)(1)(a) Applications shall be accompanied by drawings, plans, or specifications of sufficient detail to show the proposed
or designated interior
,
, changes, or
.
134.05(B)(1)(b) Such drawings, plans, or specifications shall include designated interior and
elevations, floor plans, architectural design of
and
, including proposed materials, textures, and colors, and all improvements such as walls, walks, terraces, plantings, accessory
, signs, lights, and other appurtenant elements.
134.05(C)
Criteria. In approving or denying applications for a
, the shall consider the following general criteria:
134.05(C)(1) Whether the proposed modification has a material effect on the
;
134.05(C)(2) Whether the proposed modification will affect the historic and architectural significance, architectural style, design, arrangements, texture, materials, and color of the
;
134.05(C)(3) Whether denial of a
would deprive the property owner of all reasonable economically beneficial use of such property;
134.05(C)(4) Whether the plans may be reasonably carried out by the applicant;
134.05(C)(5) Whether the plans comply with the
;
134.05(C)(6) Whether the proposed work will have a negative impact on the
upon which such activity is to be done; and
134.05(C)(7) Whether the proposed work will have a negative impact on other
on the site or on other
within its views.
134.05(D) Additional criteria relating to . In approving or denying applications for a
for , in addition to the general criteria listed above, the
shall determine:
134.05(D)(1) Whether the distinguishing original qualities or character of a Building, Structure, or site and its surrounding environment will be retained. Whenever reasonably possible, historic material or distinctive
architectural features will not be removed or altered;
134.05(D)(2) Whether the proposed
change, destroy, or adversely affect any
architectural feature upon which the
are to be performed;
134.05(D)(3) Whether the
will protect, enhance, or perpetuate the
,
, or site;
134.05(D)(4) If replacement of an architectural feature is necessary, whether the new material is compatible with the material being replaced in composition, design, color, and texture;
134.05(D)(5) Whether distinctive stylistic features or examples of craftsmanship which characterize a
,
, or site will be preserved; and
134.05(D)(6) Whether every reasonable effort is being made to protect and preserve Archaeological Resources on or adjacent to the site, or that may be affected by, any
, rehabilitation, restoration, or reconstruction project.
134.05(E) Additional criteria relating to . In approving or denying applications for a
for , the
shall consider the following criteria, in addition to other general criteria listed above, in order to determine whether:
134.05(E)(1) The height of the proposed
is visually compatible with adjacent or surrounding
or
;
134.05(E)(2) The width of the proposed
is visually compatible with the height of the
, as well as with adjoining or surrounding
or
;
134.05(E)(3) The open space area between the proposed
, and adjoining or surrounding
or
, is visually compatible;
134.05(E)(4) The materials, textures, and colors of the facade of the proposed
or
are compatible with the predominant materials used in adjacent or surrounding
or
to which they are visually related;
134.05(E)(5) Appurtenances of a
or
, such as walls, wrought iron fences, landscaping, or
facades are visually compatible with the
or Structure to which they are visually related; and
134.05(E)(6) Whether
to
are sited as inconspicuously as reasonably possible and, with the exception of waterfront properties, towards the rear. All
shall be designed to complement the
in terms of scale, shape, and materials, while at the same time being readable as differentiated from and compatible with the old work.
134.05(F) Additional criteria relating to request to relocate a . In approving or denying applications for a
for of a , the
, in addition to the general criteria listed above, shall consider the following:
134.05(F)(1) Whether the
will affect the contribution the
or
makes to its present setting;
134.05(F)(2) Whether there are definite plans for the site to be vacated;
134.05(F)(3) Whether the
or
can be moved without significant damage to its physical
;
134.05(F)(4) Whether the
or
is compatible with the
or
on its proposed site or adjacent properties;
134.05(F)(5) Whether it has been demonstrated that no viable preservation alternatives exist at its present location; and
134.05(F)(6) Whether all necessary measures will be taken to protect and preserve archaeological and
affected by, or adjacent to, a
.
A
shall also be required for
of a
if the resource is 100 years old or older.
134.05(G) Additional requirements relating to requests for . of a may occur pursuant to an order of a government agency, a court of competent jurisdiction, or, if granted, pursuant to an application by the owner or owner’s agent for a
for from the
.
134.05(G)(1) In approving or denying applications for a
for
of a
, in addition to the general criteria listed above, the following criteria shall be considered:
134.05(G)(1)(a) Whether the application concerns a
;
134.05(G)(1)(b) Whether the
no longer retains its significance due to permitted
or extensive damage caused by fire, flood, or storm;
134.05(G)(1)(c) Whether the
is of major benefit to a
;
134.05(G)(1)(d) Whether the historic or architectural importance of the
is significant;
134.05(G)(1)(e) Whether the
is one of the last remaining examples of its kind in the neighborhood,
, or the region;
134.05(G)(1)(f) Whether there are definite plans for reuse of the property if the proposed
is carried out, and the effect of those plans on the character of the surrounding properties;
134.05(G)(1)(g) Whether reasonable measures can be taken to save the
; and
134.05(G)(1)(h) Whether failure to issue the
for
will deprive the owner of all reasonably economically beneficial use of the owner’s property.
134.05(G)(2) In addition to the items listed in Subsection 134.05(B)(1) above, the applicant shall provide the following information to the
:
134.05(G)(2)(a) Name of owner of record.
134.05(G)(2)(b) Site plan showing all
and
located on the property.
134.05(G)(2)(c) Recent photographs of the
or
proposed for
.
134.05(G)(2)(d) Reasons for requesting
and method of
to be used.
134.05(G)(2)(e) Proposed future use of the site and of the materials from the demolished
or
.
134.05(G)(3) If an application for
of a
for a
is filed, the approval of the
for
shall be a prerequisite to the issuance of any other
permits for a
. However, the issuance of a
for a
shall not occur until all other approvals required for the redevelopment of the subject site by the
, and any other jurisdiction, are issued. If no approvals are required for the redevelopment, the issuance of a
for a
shall not occur until the preliminary permit is issued by the
, and any other jurisdiction, for any ground disturbance for the redevelopment of the subject site.
134.05(H) Application for economic hardship exception. Where, by reason of particular site conditions and restraints, or because of unusual circumstances applicable solely to a particular or site upon which a resource is located, strict enforcement of the provisions of this Chapter would result in the deprivation of all reasonable economically beneficial use of the or site upon which the resource is located, the
shall vary or modify adherence to this Chapter; provided always that its decision shall ensure harmony with the general purposes of this Chapter and will not adversely affect the . In any instance where there is a claim of undue economic hardship, the applicant shall submit, by affidavit, the following information:
134.05(H)(1) Amount paid for the property, date of purchase, the description of the entire property purchased, and party from whom the property was purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased.
134.05(H)(2) Assessed value of the land and improvements thereon according to the most recent assessment of the Broward County Property Appraiser.
134.05(H)(3) For depreciable properties, a pro forma financial statement, indicating the profits and losses of the property for the current and preceding two years, prepared by an accountant or broker of record.
134.05(H)(4) All appraisals obtained by the applicant in connection with the purchase or financing of the property, or obtained during the applicant’s ownership of the property.
134.05(H)(5) Bona fide offers of the property for sale or rent, price asked, and offers received, if any.
134.05(H)(6) Any consideration by the applicant as to profitable, adaptive reuses for the property.
134.05(H)(7) The
may require that an applicant furnish such additional information necessary for a determination to be made of undue economic hardship. The owner shall permit access to the subject property for the purpose of inspections and appraisals. In the event an applicant has alleged that strict enforcement of the provisions of this Chapter would result in the deprivation of all reasonable economically beneficial use to the applicant, evidence pertaining to this allegation shall be provided before or at the quasi-judicial hearing for the issuance of the
as set forth in this Chapter. All interested persons shall be allowed to participate in the hearing.
134.05(I) All
or repairs shall be performed pursuant to the terms and conditions of the
.
134.05(J) In the event work is not being performed in accordance with the
, the
official shall issue a stop work order until it is demonstrated that work will commence consistent with the
or, if necessary, that an amended
has been obtained. No additional work shall be undertaken as long as the stop work order remains in effect.
(Ord. 2015-18, passed 9-11-2015)