§ 58-457. Designation procedures.

Winter Park historic landmarks, resources and districts shall be designated only as provided in this section. Properties, which meet the criteria for designation as set forth in section 58-456, shall be designated according to the following procedures:

(1)

Designation of local historic landmarks and resources.

a.

Recommendations for nomination for designation of individual local historic landmarks and resources may be submitted to the planning and community development department by the property owner(s), who believe(s) that the property meets the criteria for listing as set forth in section 58-456. The property owner shall provide to the city proof of current fee simple ownership of the property being nominated. The proposal shall include a legal description or address of the property, a brief statement regarding its historic, cultural, aesthetic or architectural significance, and must include written authorization by the property owner(s).

b.

Prior to consideration of designation, the city shall first determine if the property sought to be designated meets the criteria for designation. If so, the city shall prepare a historic designation report that shall be presented to the HPB at a regularly scheduled meeting.

c.

For each proposed designation of a historic landmark or resource, the city is responsible for mailing a notice of public hearing to all property owners of record on the latest Orange County tax roll within a 500-foot radius of the proposed landmark or resource at least 15 days prior to the public hearing held pursuant to this section, however, failure to receive such notice shall not invalidate the same as such notice shall also be given by publishing a copy thereof in a newspaper of general circulation at least 15 days prior to the hearing.

(2)

Local historic districts.

a.

Nominations for designation of historic districts may be submitted to the planning and community development department by petition from 20 percent of the proposed district property owners, at least half of whom shall be owners of individually designated historic homes in the proposed district, or owners of contributing homes in the proposed district who believe that the district meets the criteria for listing as set forth in section 58-456. The nomination shall include a description of the proposed boundaries of the district, and a brief statement setting forth:

1.

That at least 50 percent of the homes in the proposed district are individually designated historic homes or contributing homes;

2.

Explaining its historic, cultural, aesthetic or architectural significance;

3.

The specific National Register of Historic Places criteria (two or more) that apply to the proposed district; and

4.

Including required petition representing the ownership of at least 20 percent of the properties within the proposed district as described above.

Designation of historic districts shall only be considered by the HPB subsequent to meetings with district property owners and actions as described in subsections b. and c. below.

b.

Prior to consideration of designation by the HPB, the city shall first determine if the proposed district meets the criteria for designation as set forth in the petition. If so, the city shall then prepare a historic designation report which shall analyze and report upon:

1.

Proposed boundaries;

2.

Contributing and noncontributing buildings and elements;

3.

District goals;

4.

Design guidelines to include district alteration criteria;

5.

Effects of designation; and

6.

Available incentives.

The city shall then mail the report and other necessary information to each property owner of record to notify them of the initial interest in establishing a historic district, the effects of establishing a historic district, and a schedule of informational meetings for owners and interested parties. The schedule of informational meetings will also be published in a newspaper of general circulation and posted on the city's web site. The city shall then facilitate conferences with property owners within the nominated district to discuss the proposed district. The city shall have 90 days to complete these requirements.

c.

After informational meetings have concluded, the city will mail a summarized final historic designation report to every property owner of record in the nominated district as of that date. The report will describe the voting process including a 14-day deadline to respond. The final report, voting process and deadline will also be posted on the city's website. Property owners of record will be polled, with each property representing one vote. If a property is jointly owned by two or more persons or entities, all such persons or entities having an ownership interest in that property must agree in order to cast a vote in favor of creating the nominated district. Upon receipt of a favorable vote representing the ownership of two-thirds of the properties within the nominated district, a historic designation report shall be forwarded to the HPB recommending approval or disapproval of the nominated area as a historic district based upon the vote received and citing any other specific criteria for the decision.

d.

The nominated historic district shall have a historic designation report that shall be presented to the HPB at a regularly scheduled meeting. The designation report shall include the historic context, proposed boundaries, contributing and noncontributing elements, a staff recommendation and the results of listing which may include guidelines for review, and appropriate incentives. For each proposed designation of a historic district, the city is responsible for mailing a notice of public hearing to all property owners of record whose property is located within the boundary of the designation 15 days prior to the public hearing held pursuant to this section, however failure to receive such notice shall not invalidate the same as such notice shall also be given by publishing a copy thereof in a newspaper of general circulation in the city and county at least 15 days prior to the hearing.

(3)

Decision of the HPB. If, after a public hearing, the HPB finds that the proposed local historic landmark, resource or district meets the criteria set forth in section 58-456, it shall transmit such findings to the city commission along with the recommendation that the designation be approved. The historic landmark or resource shall only be recorded in the Winter Park Register of Historic Places following adoption of a resolution of the city commission approving such designation. The designation of a historic district shall only be created following the adoption of an ordinance of the city commission approving such designation. The city commission shall have final decision making authority over whether to approve or deny any request for designation under this division.

(4)

A copy of the resolution(s) designating the historic landmark, resource or district and the adopted guidelines for review shall be sent to:

• Planning and community development department (all divisions);

• Building and permitting services department;

• Code compliance division;

• City clerk;

• Public works department;

• Owners of the affected property and other parties having an interest in the property, if known.

(5)

Following the published date of a public hearing before the HPB, no permits shall be issued by the building and permitting services department, except for permits that do not require the review of the HPB, for any new construction, exterior alterations, rehabilitation, restoration, renovation, addition, relocation, or demolition of the real property that is the subject matter of the recommendation, until one of the following has occurred:

• The historic designation is enacted and a certificate of review is issued under the provisions of division 4; or

• The historic designation is denied by the city commission; or

• The property owner has applied for an accelerated approval of a certificate of review prior to final enactment of the historic designation; and such certificate of review has been issued under the provision of section 58-473, and the property owner has voluntarily proffered a covenant binding him to comply with all terms and conditions of the certificate of review which will cease to be effective should the city commission deny the historic designation.

(6)

Historic landmarks, resources or districts shall be formed as an overlay, which shall be placed over the existing zoning. The regulations and procedures for both the zoning district and the historic landmark, resource or district regulations shall apply.

(7)

Should the city commission deny a request for historic district designation, the city shall notify all property owners within the proposed district by mail of the decision and contemporaneously post the notice of the decision on the city website.

(8)

The city shall prepare and maintain for public view information identifying the designated properties and properties within designated historic districts. The symbol of "(h)" for historic is to be added next to the underlying zoning classification for each of the designated properties and properties within historic districts. The symbol of "(h)" is not intended to be a rezoning of the designated properties and properties within historic districts but merely an identifier for the public's information and awareness that such properties are affected by the regulations of this article and any applicable historic district guidelines.

(Ord. No. 2688-06, § 1, Exh. A(58-443), 10-9-06; Ord. No. 3024-15 , § 1(Exh. A), 12-14-15; Ord. No. 3040-16 , § 3, 6-13-16)