Exhibit_C_CBD-1_Central_Business_District_and_Historic_Preservation_District.pdf

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DIVISION 16. - CBD CENTRAL BUSINESS DISTRICT 1 AND 2

3.16.1. - Description of district.

In the CBD-1 and CBD-2 districts it is the intent to establish areas within which a wide diversity of services may be provided with as dense a use of land as is consistent with the requirements of health and safety.

It is further the intent of CBD-1 and CBD-2 to be oriented to pedestrian and non-motorized movements of shoppers so that a social as well as commercial role of being the city's center shall be fulfilled.

CBD-1 is intended to apply to the historical six block downtown business area.

CBD-2 is intended to apply to the balance of the central business district.

The CBD-1 and CBD-2 districts are compatible with and are to be only assigned within a commercial land use designation on the city's comprehensive plan, future land use map.

(Ord. No. 2014-06, § 1, 5-22-2014)

3.16.2. - Uses and conditional uses permitted.

Permitted and conditional uses allowed within the CBD-1 and CBD-2 districts are as referenced in Table III-7.

3.16.3. - Permitted accessory uses and structures.

Permitted accessory uses and structures in the CBD-1 and CBD-2 districts are uses and structures which:

Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures;

Are located on the same lot as the permitted or permissible use or structure, or on a contiguous lot in the same ownership;

Do not involve operations or structures not in keeping with the character of the district.

3.16.4. - Building height, site area, yard regulations, minimum lot width and maximum lot coverage. (See Table III-6)

Lot size. There is no required lot size.

Setbacks.

The minimum front yard depth shall be five feet.

No minimum side yard setback. If a side yard abuts a right-of-way, the side yard shall be a minimum of five feet. (Ord. No. 2017-07 , §

IV, 2-23-2017)

No minimum rear yard setback. If a rear yard abuts a right-of-way or residential use, the rear yard shall be a minimum of ten feet.

(Ord. No. 2017-07 , § IV, 2-23-2017)

No principal building shall be located greater than 15 feet from the front property line, unless approved by the city council.

Lot coverage: 100 percent.

Maximum impervious surface coverage. Notwithstanding any other provision of this code, coverage of any site by impervious surfaces shall not exceed 80 percent of the total buildable site area exclusive of public rights-of-way or approved private streets. Where parking areas and/or sidewalk areas are constructed with pervious materials such as paver block, this area can be considered 50 percent pervious for the purpose of complying with this section of the code.

Floor area ratio. New structures or additions to existing structures that increase the gross square footage of the original building by more than 150 percent shall have a floor area ratio of 4.0.

Building height.

CBD-1 and CBD-2: Minimum height for new structures shall be 35 feet.

CBD-1 and CBD-2: Buildings above 35 feet, the front facade shall step back ten feet and continue to the maximum building height permitted. (Ord. No. 2017-07 , § IV, 2-23-2017) https://library.municode.com/ https://library.municode.com/ about:blank 2/5

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CBD-1: Maximum height 55 feet or five stories, whichever is greater. Increased intensity of use and/or maximum height may be extended up to 155 feet or 15 stories, whichever is greater, through the application of the floor area ratio (FAR) bonus option with the approval of the city manager, or their designee.

CBD-2: No height limit.

Floor area ratio bonus option.

Purpose. The floor area ratio (FAR) bonus standards are offered as incentives to encourage facilities and amenities that stimulate economic and community redevelopment and are intended to accomplish several purposes for the central business, professional, highway business, and industrial districts. These purposes include coordinating private development with public investments in transportation systems and other public infrastructure, ensuring building height compatibility and step downs to residential neighborhoods and historic districts, and limiting shadows from new development on adjacent residential neighborhoods and on public open spaces.

General regulations.

The bonus options are only allowed in situations where stated.

Only new developments are eligible for the bonuses unless specifically stated otherwise.

Exceptions to the requirements and the amount of bonus floor area or height earned are prohibited.

Projects may use more than one bonus option unless specifically stated otherwise.

The maximum floor area increase that may be earned through the bonus options must be within the limits for overall floor area increases stated.

Floor area ratio standard. The cumulative floor area ratio bonuses for all properties within the CBD-1, CBD-2, HB, I-1, I-2, I-3, and P zoning districts shall not exceed 125 percent of the permitted base FAR as follows:

Mixed use: additional FAR of 0.25 if at least 30 percent of gross building space is in residential use, plus 350 additional leasable square feet of gross building for each additional one-percent increment of residential up to a maximum of 45 percent;

Affordable housing: 0.25 FAR bonus if 20 percent of the housing is affordable;

Public open space: a minimum of 15 percent — 25 percent open space is required in all developments. A FAR bonus of 0.01 FAR is allowed for each additional one-percent increase in permanent public open space, up to a maximum 0.25 FAR;

Structured parking: additional 0.25 FAR for structured parking on site, plus 350 additional leasable square feet of gross building for each additional space provided for off-site use;

LEED certified building: additional 0.25 FAR if building is certified at least at the LEED Silver level;

Tree program: additional 0.05 FAR is allowed for each five percent increment increase up to a maximum of 25 FAR, in required trees provided on site or if not provided on site, then an equivalent fee in-lieu amount shall be donated to the city's tree program in place at the time of approval, as may be further defined by resolution;

Outdoor dining: additional 0.15 FAR if accessory outdoor dining is provided for restaurants, bakeries, candy, confectionary and ice cream stores may have, however, that such areas shall not encroach within any street, alley, driveway, parking space, loading space, fire lane or landscaped area. No outdoor dining area shall block a building entrance or obstruct a sidewalk in such a manner that there is less than a five-foot wide clear path. Outdoor dining may be located within the public right-of-way subject to approval of the city manager, or their designee;

Innovative building/site design: at the discretion of the city manager or his designee, an additional 0.15 FAR may be provided when a building or site design exhibits state-of-the-art building design, low-impact design, or other use of sustainable construction process or locally sourced building materials.

Performance standards for sites adjacent to designated open spaces.

Eligible sites. Building heights to the south and/or west of certain areas designated open space on the comprehensive plan map may be increased above the limits specified for CBD-1, CBD-2, HB, I-1, I-2, I-3, and P districts.

The performance standard. Building heights may be increased if the amount of shadow cast by the proposed building on the adjacent open space will be less than or equal to the shadow that would result from an allowed building constructed to the district's maximum height. The shadow from an allowed building is based on the shadow that would be cast by a structure covering the entire site at the height limit permitted. Shadows must be analyzed for noon and 3:00 p.m. on April 21 to determine compliance with this provision.

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Performance standard for sites within and/or adjacent to historic overlay districts.

Building heights on blocks within and/or adjacent to a historic overlay district may be increased above the limits stated in Table III-6.

Requests for the increases are reviewed as part of the design review process.

The development proposal must comply with all of the following standards:

The site encompasses a single block that is subject to two different height limits, and the block is within or adjacent to a historic overlay district.

The project does not include removal of any historical landmarks and no historical landmarks were cleared from the site during the 60 months prior to the date of application for the exception.

Historical landmarks on the site are preserved and restored as part of the proposed project.

A building wall, called the "street wall," must be constructed abutting the street lot line facing the historic overlay district. Street walls must extend along the entire frontage facing the historic overlay district. When the project's frontage on its block is larger than the historic overlay district's frontage on the facing block, the street wall must extend 25 feet beyond the end of the historic overlay district.

The street wall must be at least 35 feet in height or equal to the distance of the horizontal encroachment into the area regulated by the lower height limit, whichever is more.

However, portions of the building that is within and/or front the historic overlay district may not exceed 105 feet in height or ten stories, within 25 feet of the street lot line. Building step back distances greater than 25 feet from the facing historic overlay district may achieve the maximum building height permitted for that underlying zoning district.

The existing building wall of a historical landmark incorporated into the project is exempt from the requirements of subparagraphs d. and e., above.

Portions of the structure located behind the street wall must provide for active street-level nonresidential commercial use;

The project may not result in a building that exceeds a maximum height of 155 feet or 15 stories or the higher of the two height limits on the block, whichever is lower.

Approval of a height increase based on this subsection in no way limits the ability of the review body conducting design review to require reconfiguration of the building's design, including lowering the height of the building or reducing the amount of the increase.

The review body will base its review on application of both the general design guidelines applicable to the area, and the guidelines applicable to the adjacent historic district.

Adjustments to requirements and standards of this subsection are prohibited, unless approved by the city manager or their designee.

(Ord. No. 2016-09 , § III, 8-25-2016)

3.16.5. - Landscape and bu�er requirements.

Landscape and buffer requirements in the CBD-1 and CBD-2 districts must be in accordance with article VIII of this code. The required landscaped yard in the CBD-1 and CBD-2 shall include the following:

Landscaping shall be provided in an amount equal to ten percent of the building footprint.

One tree planted every 25 feet, or fraction thereof.

If any off-street surface parking areas are adjacent to sidewalks, streets or other public rights-of-way, the following applies:

Landscaped strip of at least ten feet in width is required.

Hedge or other durable screen at least 18 inches in height immediately upon planting with expected growth to be 30 inches in height within one year after planting.

If the durable screen is of nonliving material, it cannot be a continuous screen, such as a wall. It may be other types of landscape treatment such as boulders, pylons, etc. However, these screens must be no greater than ten lineal feet per screen. Between these treatments, a hedge or other plant arrangement must be utilized. This must be done in such a manner as to screen the parking area and maneuvering area of the cars.

The remainder of the required landscaped areas shall be landscaped with grass, groundcover or other landscape or hardscape treatment that is consistent with the primary building architecture. The landscaping adjacent to the rights-of-way and any off-street surface parking areas shall be protected from vehicular encroachment by the use of curbing or wheel stops.

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(Ord. No. 2016-09 , § III, 8-25-2016; Ord. No. 2017-07 , § IV, 2-23-2017)

3.16.6. - Parking regulations.

Off-Street parking is not required in the CBD-1 and CBD-2 zoning districts for existing and renovated buildings under 50,000 square feet in size. New or renovated structures 50,000 square feet or greater are subject to parking requirements and shall meet 50 percent of required parking on-site or off-site surface parking lot or structured parking within 1,200 feet of the primary structure. (Ord. No. 2017-07

, § IV, 2-23-2017)

Parking lot/space setback. No such parking lot/spaces shall be located closer than seven feet from a public right-of-way unless this requirement is reduced by a maximum of two feet for all or part of the lot by the city manager or their designee because the reduction would not be detrimental to the surrounding area based on consideration of nearby land uses and because one or more of the following criteria is satisfied:

A historic structure is located on the lot and a reduction of the requirement would significantly increase the potential for the lot to accommodate the use.

The lot has an area less than 10,000 square feet and a reduction of the requirement would significantly increase the potential for the lot to accommodate the use.

One or more specimen trees, historic trees, large trees shall be saved by granting the reduction.

(Ord. No. 2014-06, § 1, 5-22-2014; Ord. No. 2016-09 , § III, 8-25-2016)

3.16.7. - Sign regulations.

See division 19 of this article for sign regulations in the CBD-1 and CBD-2 districts.

3.16.8. - Other use standards for CBD-1 and CBD-2 districts.

Residential uses. Residential uses may be allowed on lots separate from nonresidential uses.

Mixed uses. Any allowed residential use may be placed on the same lot with an allowed nonresidential use. Any residential use located in the same building as a nonresidential use shall be above or to the rear of the nonresidential use. Any residential use located on the first floor shall only be used by the owner of the business, employees of the business, and their families. These restrictions do not apply to home occupations.

Amount of repair and manufacturing. Retail sales establishments may have accessory fabricating and repairing of goods on the premises within completely enclosed buildings provided, however, that such space does not exceed ten percent of the gross floor area of the establishment. This shall not limit the gross floor area devoted to repair activities in repair service establishments which are listed as a principal use.

Outdoor display of merchandise.

[Retail uses.] Retail uses may have accessory outdoor display which is defined as the placement of merchandise, commodities, equipment, materials or articles outside of a building for the purposes of attracting customers and displaying examples of items that are for retail sale within a building. Display shall constitute the placement of one sample of an item for sale within the building in accordance with the allowable uses of the zoning district. Additional restrictions are as follows:

Display may be located in a public right-of-way provided the display is located on a sidewalk;

Display shall be limited to each side of a lot with, public street frontage and shall not exceed five square feet of display area for every lineal foot of building frontage facing that public street;

Display shall not include large furniture items or major appliances; (Ord. No. 2017-07 , § IV, 2-23-2017)

No display area shall be allowed for a side of a lot without public street frontage;

No display shall block a building entrance or obstruct a sidewalk in such a manner that there is less than a five-foot wide sidewalk path;

No display shall be located within any landscaped area.

Method and time of display. Items shall be displayed in such a manner that the items for sale may be partially or completely viewed by the potential purchaser without opening a container of any type. Only a single unit of each type item may be displayed. The display of multiple units of any one item, except for potted plants or clothing, is prohibited. The stacking of items in bulk such as https://library.municode.com/ https://library.municode.com/ https://library.municode.com/ https://library.municode.com/ about:blank 5/5

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landscape, masonry, fencing or building materials shall not be permitted, except for potted plants. In items or display over six feet in height may be allowed outdoors. Merchandise shall only be displayed during the business hours of the seller. No signage is allowed with display of merchandise other than permitted in the signage section of this code.

Display equipment. All equipment used to display the items for sale must be mobile and must be stored indoors or off site when the merchandise is not being displayed.

Compliance timeframe. Existing outside display, sales or storage uses that are rendered nonconforming by virtue of enactment of these regulations shall be made conforming with the issuance of this amendment or shall be removed on or before May 23, 2017.

(Ord. No. 2017-07 , § IV, 2-23-2017)

Storefronts. In order to provide clear views of merchandise in stores and enhance the pedestrian shopping experience, the first-floor windows of all commercial buildings shall provide a view of the interior area within three feet of the opening.

One percent for public art fund. To stimulate public spaces, economic development, and encourage a sense of ownership and community pride within downtown plazas, neighborhood and community centers, city parks and municipal buildings. Based on the estimates for new construction or renovation to increase gross square footage by greater than 150 percent of the original building, the capital project must include an amount dedicated to a public art fund, at the time of approval, which represents a combined amount for works of art, architectural enhancements or special landscaping treatment that is equal to one percent of the total cost of the project.

Artworks may include physical works of art (such as sculptures or wall hangings,) architectural enhancements (such are decorative facade reliefs or murals,) or special landscape treatment (such as fountains or water features) which may be integral parts of the building that are situated within or outside a building in highly visible areas.

Artworks may be located in or near municipal facilities which have already been constructed.

Artworks may be located in other areas where large numbers of people gather and are able to experience the works of art, enhanced architectural treatments or special landscaping.

If an artwork is deemed inappropriate for the site as determined by the city council, the one percent may be used for other needs, purchases and projects for the public art program as may be further defined by resolution.

In any CBD retail commercial district, outside storage of parts, supplies, materials, etc., may be approved provided storage is in conjunction with the business and is located on the side or rear yard of said business and fenced as authorized by sections 3.20.2 and

3.20.4.C. of this code. Such fencing shall be constructed of opaque material. The fence shall be approved by the city manager or his designee and maintained as originally approved and permitted.

(Ord. No. 2016-09 , § III, 8-25-2016)

Editor's note— Ord. No. 2016-09 , § III, adopted Aug. 25, 2016, amended § 3.16.8 in its entirety to read as set out herein. Former § 3.16.8 pertained to density CBD-1 and CBD-2 and derived from the St. Cloud Land Development Code adopted by Ord. No. 87-EEE on Sept. 10, 1987, eff. Oct. 1, 1987 and reapproved and readopted by Ord. No. 87-FFF on Oct. 8, 1987.

3.16.9. - General provisions and exceptions CBD-1 and 2.

In any CBD retail commercial district, outside storage of parts, supplies, materials, etc., may be approved provided storage is in conjunction with the business and is located on the side or rear yard of said business and fenced as authorized by sections 3.20.2 and 3.20.4.C of this code. Such fencing shall be constructed of opaque material. The fence shall be approved by the city manager or his designee and maintained as originally approved and permitted.

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DIVISION 24. - HISTORIC PRESERVATION

Footnotes:

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Editor's note— Ord. No. 2018-57 , § 1, adopted October 11, 2018, amended Division 24 in its entirety to read as herein set out. Former Division 24, §§ 3.24.1—3.24.11, pertained to historic preservation overlay (HPO) district, and derived from Ord. No. 2016-55 , § 1, 12-8-2016; Ord. No. 2017-28 , § 2, 6-8-2017.

3.24.1. - General.

Purpose and intent. These provisions are designed to identify, protect, restore and encourage the reuse of resources, all of which are essential to the city's health, safety, and its economic, educational, cultural and general welfare. These valid public purposes shall be fulfilled by this division to achieve the following goals:

Preserve distinctive elements of St. Cloud's historical culture and heritage;

Ensure the harmonious, orderly, and efficient growth, prosperity and development of the city through retention and reuse of its historic and cultural resources;

Foster and strengthen civic pride through acknowledgement of the accomplishments of the past by safeguarding the city's heritage for future generations;

Maintain and enhance neighborhoods through neighborhood conservation. Assist neighborhoods to achieve a positive neighborhood identity and sense of place by enhancing the scale, character, and stability of existing neighborhoods and protect against destruction of or encroachment upon areas and sites which contribute to the character of the city;

Avoid demolition, or other adverse effects on historic properties and areas which would cause an irreparable loss to the city;

Augment existing zoning: Operate in conjunction with the land development code to preserve any historic areas or structures within the city;

Provide a review process for the continued preservation and appropriate, compatible and sensitive development of new construction and additions or modifications of significant historical structures within the city's historic district;

Encourage compliance by providing financial incentives to residents who undertake preservation or restoration efforts.

In addition, these provisions are designed to implement, and be consistent with, and assist in the achievement of the goals, objectives, and policies, as specifically required by the city's comprehensive plan, with respect to historic, conservation, and neighborhood resources.

Terms and definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alteration. Any construction or any change of a resource, including changes to size, shape, occupancy, character, or use of a building or structure.

Assessed value. The total value of a tax parcel, excluding the value of land as determined by the property appraiser for Osceola County, and shown on the property tax bill sent to the owner of record by the County of Osceola.

Board. City of St. Cloud Historic Preservation Board (HPB), hereinafter, referred to as the board or the HPB (see definition of "historic preservation board").

Building. Any structure defined as historically significant in the Historical and Architectural Survey, City of St. Cloud Project Report, May 1993. A building is any structure built for the support, shelter, or enclosure of persons, chattels, or property of any kind which has enclosing walls for 50 percent of its perimeter. The word "building" includes the word "structure" (see definition of "structure").

Construction. The act of placing a principal structure on a property or adding an addition to an existing structure or adding an accessory structure to the property. Actual construction includes the placing of construction materials in a permanent position and fastened in a permanent manner except that where demolition, excavation, or removal of any existing structure has been substantially begun preparatory to new construction, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be continuously carried on until the completion of the new construction involved. Fill and the installation of drainage facilities shall be considered a part of construction.

Actual construction shall include only work begun and continued under a valid building permit.

Certificate of appropriateness. A document evidencing review by the Historic Preservation Board for work proposed by an applicant on resources located within the Historic Preservation district.

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Certificate of economic hardship. A document evidencing approval by the HPB of an application for economic hardship as that term is defined in these regulations.

Certified local government (CLG). A local government approved by the Florida Department of State, Division of Historical Resources, to perform certain historic preservation functions.

Contributing property. A property that contributes to the historic significance of a historic district by location, design, setting, materials, workmanship, or association and thus adds to the district's sense of historical time, place, and historical development.

Demolition. Any act or process that partially or totally destroys a resource.

Design guidelines handbook. Document which illustrates examples of design features, historic styles, and treatment options which preserve the historical, cultural, and architectural character of a historic district or property.

District. A zoning classification which applies to certain designated property within the city and within which the zoning regulations are uniform

(see also "historic district").

Economic hardship. An onerous, extreme, or exceptional economic burden that would be placed upon a property owner by the denial of an application for a certificate of appropriateness or by the imposition of conditions placed on the granting of such certificate.

Effect. A change in the quality of the historical, architectural, archaeological, or cultural significance of a property or district, or in the characteristics that qualify the property or district as historically important.

Florida Master Site File. An archive and database of all known archaeological and historical sites and districts recorded within the State of Florida that is maintained by the Florida Department of State, Division of Historical Resources, and is organized alphabetically by county and numerically, as recorded.

Historic district. A geographically definable area designated by the city council as possessing a significant concentration, linkage, or continuity of properties united historically or architecturally by plan or physical development.

Historic preservation board (HPB). Reviews all changes to historically significant structures within the historic district. The HPB holds public hearings and issues certificates of appropriateness.

Historic properties. Those properties recommended by the HPB as being of historical, cultural, architectural or archaeological importance.

Historical and Architectural Survey, City of St. Cloud Project Report, May 1993 (as amended from time to time). The City of St. Cloud completed a historic and architectural survey in 1993 which catalogued and documented the history and architectural styles, years built, and other pertinent information of the cultural resources in the city dating on or before 1945. Florida Site File forms were created for each identified structure, building or site and submitted to the State of Florida Department of State's Division of Historical Resources. This publication is often referred to as the "Blue

Book."

Historically significant structure. Any structure meeting the Secretary of the Interior's definition of historic that includes: structures over 50 years old and either architecturally, culturally, or historically significant and for the purposes of this document, viable structures that can potentially be preserved, rehabilitated, restored, or reconstructed.

National Register of Historic Places. The official federal list of historic districts, sites, buildings, structures, and objects significant in American history, architecture, landscape architecture, engineering, archaeology, and culture. Authorized under the National Historic Preservation Act of

1966, and by 36 C.F.R. 60 as each may be amended from time to time, and maintained by the U.S. Department of the Interior.

Noncontributing property. A classification applied to a property within a historic district signifying that it does not contribute to the qualities that give the historic district cultural, historical, architectural, or archaeological significance as embodied in the criteria for the designation of a district, but which because of its location within a district should be compatible with the character of the district.

Object. A primarily artistic or architectural item closely linked to the history of the property. Said item is typically relatively small in scale and simply constructed, such as a statue, milepost, statuary, or fountain.

Preservation. The act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property.

Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment;

however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.

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Property. Area of land containing a single historic resource or a group of resources, which may include any of a building, site, structure, object, or district.

Reconstruction. The act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.

Rehabilitation. The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, archaeological or architectural significance.

Relocation. Any change of the location of a building, structure, or object from its present setting to another setting.

Resource. A building, site, structure, object, or district that reflects historical, archaeological, or cultural significance.

Restoration. The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.

Secretary of the Interior's Standards for Rehabilitation. 36 CFR 67 which pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior, related landscape features and the building's site and environment as well as attached, adjacent, or related new construction. The standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility.

Secretary of the Interior's Standards for the Treatment of Historic Properties. 36 CFR 68 which provides guidance on the sensitive rehabilitation of a historic property. The Secretary of the Interior is responsible for establishing professional standards and providing advice on the preservation and protection of all cultural resources listed in or eligible for listing in the National Register of Historic Places. The standards apply to all proposed development grant-in-aid projects assisted through the National Historic Preservation Fund, and are intended to be applied to a wide variety of resource types, including buildings, sites, structures, objects, and districts. They address four treatments: preservation, rehabilitation, restoration, and reconstruction. N.B.: 36 CFR Part 67, focuses on "certified historic structures" as defined by the IRS Code of 1986. The "Standards for

Rehabilitation" cited in 36 CFR 67 should always be used when property owners are seeking certification for federal tax benefits.

Setting. The physical environment of a property, including all landscape elements.

Site. The location of an event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of the value of any existing structure.

Street level. As it relates to building height, the street level is the first 15 feet of height.

Structure(s). A combination of materials to form a construction, generally used to distinguish from buildings, those functional constructions made for purposes other than creating human shelter; e.g., a bridge, wall, fence, or pond. Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. Structure also includes fences, billboards, swimming pools, swimming pool decks, poles, transmission lines, and advertising signs. Structures can be accessory, temporary, or permanent.

( Ord. No. 2018-57, § 1, 10-11-2018 )

3.24.2. - District designation and map.

See appendix A for downtown historic preservation district designation map.

( Ord. No. 2018-57, § 1, 10-11-2018 )

3.24.3. - Historic preservation board.

Establishment. The HPB shall be established within six months of the effective date of the ordinance from which this division derived.

The HPB shall convene to establish bylaws which shall be developed within 30 days. The bylaws shall be made available to the public.

Composition and terms. The HPB shall consist of seven members and two alternate members, all of whom shall be appointed by the city council. Members shall be residents of the city. In the event that too few qualified residents apply to meet the professional qualification standards or too few residents are interested in the positions, the city council may appoint non-resident individuals who have demonstrated special interest, experience, or knowledge in history, architecture, or related disciplines to the remaining board positions.

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A minimum of three members shall be chosen from among the disciplines of architecture, history, architectural history, archaeology, landscape architecture, construction, construction management, engineering, planning or a person who is a general contractor.

The remaining four members will be selected from a pool of applicants, according to the following: two members shall be experienced in the areas of commercial development, real estate, banking or law; the two remaining members shall be citizen members at large; the two alternate members shall be from any of the foregoing professions or citizen members at large.

All members shall have demonstrated a special interest, experience or knowledge in historic preservation or closely related disciplines.

Members of the HPB shall serve three-year terms for a maximum of up to six consecutive years. Of the initial appointments, four members shall be appointed for a term of three years and three members shall be appointed for a term of two years for a maximum of up to six consecutive years.

Alternate members shall be appointed for a term of two years for a maximum of up to six consecutive years.

Vacancies on the HPB, including expired terms, shall be filled by persons with the same background as the original appointee, or related field within 60 days, in order to maintain the desired HPB makeup.

Procedures of the HPB. The HPB shall hold a minimum of four meetings per year at regular intervals. Additional meetings may be called if necessary to process applications for review in accordance with the required timelines. All meetings of the HPB shall be publicly announced and will have a previously advertised agenda. The meetings shall be open to the public. Persons serving on the HPB are encouraged to attend educational meetings or workshops to develop a special interest, expertise, experience, or knowledge in preservation, architecture, or quasi-judicial boards. The city shall appoint a professionally qualified historic preservation staff member to advise and assist the board, carry out delegated responsibilities, and undertake the requirements for certified local government certification.

Procedures and quorum. The HPB shall adopt rules of procedures, subject to any limitations prescribed by law. The rules of procedures shall be available for public inspection upon request. Four members shall constitute a quorum for the transaction of business. The HPB shall select a chairman and other officers and shall prescribe their duties and powers. The city manager or his or her designee shall designate staff to attend all meetings, acting in an advisory capacity and participating fully in HPB discussions but having no right to vote.

All decisions made by the HPB shall take place in a public forum. The HPB shall keep minutes of its proceedings, record the vote on each question, and keep records of its discussions, recommendations, and other official actions. Summary minutes will be prepared and made available to the public after adoption by the HPB.

Removal. Any member of the HPB may be removed pursuant to the procedures outlined in the City Code of Ordinances.

Powers and duties of the HPB. The HPB shall have the following powers and duties within the incorporated city limits of St. Cloud, Florida:

To recommend to the city council the following:

Review nominations of properties and districts to be designated in the city's local historic register;

Adoption, modification, or replacement of a design guidelines handbook;

Update of the Historical and Architectural Survey, City of St. Cloud Project Report, May 1993 (as amended from time to time);

To hold public hearings and to approve or deny applications for certificates of appropriateness or certificates of economic hardship affecting proposed or designated properties or properties within districts;

To call upon available city staff members as well as other experts for assistance and/or technical advice;

To authorize a member of the HPB to testify before a board or commission on any matter affecting historically, culturally, archaeologically, and architecturally significant properties and resources;

To confer recognition upon the owners of properties and districts by means of certificates, plaques or markers;

To recommend amendments or changes to these regulations;

To collaborate with the St. Cloud Main Street organization and any other organization to inform and educate citizens concerning the historic, cultural, archaeological, and architectural heritage of the city; and

To participate in survey and planning activities of the certified local government;

Review a list of nominations of properties and districts to the National Register of Historic Places, as a required duty of being a certified local government;

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To identify historic properties within the city limits and maintain a detailed inventory of historic districts, sites and structures compatible with the

Florida Master Site File.

To coordinate with the State of Florida's Division of Historical Resources Certified Local Government program by satisfying the following requirements:

The state historic preservation officer shall be given 30 calendar days prior notice of all meetings and within 30 days following such meetings shall be provided with the minutes and record of attendance of the HPB and the public.

The state historic preservation officer shall be notified of any change of HPB membership within 30 days of their appointment or resignation.

Notify the state historic preservation officer immediately of all new historic designations or alterations to existing designations.

Submit amendments to the code to the state historic preservation officer for review and comment at least 30 days prior to adoption.

Provide duplicates of all inventory materials to the State Historic Preservation Office.

Submit an annual report by November 1 covering activities of the previous October 1 through September 30 and shall include the following information:

A copy of the rules of procedure;

A copy of the historic preservation ordinance;

Resumes of the HPB members;

Changes to the HPB membership;

New local designations and National Register of Historic Places listings;

A review of survey and inventory activity with a description of the system used;

A program report on each grant-assisted activity; and

Number of projects reviewed.

( Ord. No. 2018-57, § 1, 10-11-2018 )

3.24.4. - Certi�ed local government review.

The city council will apply for certified local government (CLG) status with the intent to be approved by the Florida Department of State, Division of Historical Resources. The city council as a CLG is required to participate in the Florida National Register of Historic Places nomination process, be involved in the Section 106 process of the National Historic Preservation Act (NHPA), and is eligible to receive grants from the CLG section of the

Florida Department of State, Historical Resources Grants-In-Aid program.

( Ord. No. 2018-57, § 1, 10-11-2018 )

3.24.5. - Unsafe buildings and structures.

Should the building official determine that a historic property or a property within a historic district is unsafe, the planning and zoning department staff and the HPB shall be notified of such findings.

Within applicable laws and regulations, the building official shall request that the resource be repaired rather than demolished and shall take into account any comments and recommendations provided by planning and zoning department staff or the HPB. The building official may take appropriate actions to effect and accomplish the preservation of the resource, including, but not limited to, negotiations with the owner and other interested parties, provided that such actions do not contradict with the Florida Building

Codes.

In the case where the building official determines that there are emergency conditions dangerous to the life, health, or property affecting a historic property or a property within a historic district and timely demolition is the only course of action, the building official may order the demolition and notify the planning and zoning department of the impending action. In this instance, a certificate of appropriateness will not be required and the HPB will promptly be notified of the action being taken.

( Ord. No. 2018-57, § 1, 10-11-2018 )

3.24.6. - Exceptions for historic properties.

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Waiver of technical requirements. The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration, or moving of buildings may not be mandatory for those resources listed in the Historical and Architectural Survey, City of St.

Cloud Project Report, May 1993 (as amended from time to time), the National Register of Historic Places, or the local historic register, when evaluated by a Florida registered architect or engineer and demonstrated to the building official to be safe and in the public interest of health, safety, and welfare.

Equivalent protection. Resources or portions thereof that do not strictly comply with the Florida Building Code may be considered to be in compliance, if it can be shown to the satisfaction of the building official that equivalent protection has been provided or that no hazard will be created or continued through noncompliance. Life, safety, and property conservation shall be in compliance with the 2014 5th

Edition of the Florida Existing Building Code or as subsequently amended.

Accessibility. Alterations to resources listed in the Historical and Architectural Survey, City of St. Cloud Project Report, May 1993 (as amended from time to time). The National Register of Historic Places, or the local historic register may receive exemption from accessibility requirements, if the building official determines that compliance for accessible routes (exterior and interior), ramps, entrances, or toilets would threaten or destroy the historic significance of the building. Alternative requirements mentioned in the 2014

5th Edition, Accessibility, of the Florida Building Code shall be utilized.

Administrative and board approval of zoning code variances. The responsibility for review and approval of an application for a variance in association for a certificate of appropriateness for alterations of resources listed in the Historical and Architectural Survey, City of St.

Cloud Project Report, May 1993 (as amended from time to time), the National Register of Historic Places, or the local historic register will rest with city council. Such requests for variance shall be made on the standard application form for a standard site variance pursuant to

Section 3.4.1 of the Land Development Code.

Sustainable building practices. The application of sustainable, energy efficient, and green building practices to improvements associated with historic properties is encouraged whenever they are compatible with best historic preservation practices. Whenever possible, equipment such as solar panels, wind generation devices, or mechanical equipment, etc., should not be affixed to the building but sited in rear or side yard locations and fully screened with landscaping, fencing, or wall barrier. When placement upon the building is unavoidable, such equipment, as well as skylights, shall be located on a noncharacter-defining elevation or roof slope that is not visible from the street. In no instance shall the equipment be allowed to be placed upon any character-defining feature.

( Ord. No. 2018-57, § 1, 10-11-2018 )

3.24.7. - Designation of historic properties and districts.

Guidelines for historic designation—qualifications. To qualify, individual properties must be listed in the Historical and Architectural

Survey, City of St. Cloud Project Report, May 1993 (as amended from time to time) or be listed in the National Register of Historic Places or is included in the Florida Department of State's Division of Historical Resources Master Site File. Additionally, and as determined by the HPB, it must have significance in American history, architecture, archaeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, or association. For districts, eligibility is based on the establishment of historic contexts or themes which describe the historical relationship of the properties within the district. Individual buildings shall be at least 50 years old and, in the case of a district at least 50 percent of the buildings shall be at least 50 years old. In addition, buildings shall be significant in one or more of the following areas:

Listed in the National Register of Historic Places or included in the inventory in the Historical and Architectural Survey, City of St.

Cloud Project Report, May 1993 or is included in the Florida Department of State's Division of Historical Resources Master Site File;

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

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

Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master craftsman, or possesses high artistic or architectural values, or represents a significant and distinguishable entity whose other components may lack individual distinction;

Has yielded, or may be likely to yield, information important in prehistory or history.

Properties not generally considered; exceptions. Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall

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not be considered eligible for a historic designation. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:

A religious property deriving primary significance from architectural, archaeological, cultural or artistic distinction or historical importance;

A building or structure removed from its original location but which is primarily significant for its architectural value, or which is the surviving structure most importantly associated with a historic person or event;

A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building…